Daily Archives: September 27, 2022

The Power of Listening: when Indigenous People Win

 Indigenous traditional owners on Sept. 21, 2022 won a court challenge that prevents an energy company from drilling for gas off Australia’s north coast. The Federal Court decision against Australian oil and gas company Santos Ltd. was a major win for Indigenous rights in the nation. Dennis Murphy Tipakalippa, who was described in court documents as an elder, senior lawman and traditional owner of the Munupi clan on the Tiwi Islands, had challenged the regulator’s approval of Santos’ $3.6 billion plan to drill the Barossa Field beneath the Timor Sea. Justice Mordy Bromberg quashed the February decision by the regulator, the National Offshore Petroleum Safety and Environmental Management Authority, to allow the drilling.

Tipakalippa had argued that the regulator could not be “reasonably satisfied,” as required by law, that Santos had carried out necessary consultations with indigenous peoples about its drilling plans. Santos had not consulted with his clan, Tipakalippa said, and he feared the project would harm the ocean environment.

See Tipakalippa v National Offshore Petroleum Safety and Environmental Management Authority (No 2) [2022] FCA 1121    

Judge Bromberg went to the Tiwi Islands in August and took evidence about the Munupi people’s connection to the environment. According to indigenous peoples, the court’s willingness  to travel and listen to communities are signs that Australian institutions are increasingly taking  the concerns and heritage of indigenous peoples into account.

ROD McGUIRK, Australian Indigenous traditional owners halt gas drilling, AP, Sept. 21, 2022; Mike Cherney, In Australian Gas-Project Dispute, Sacred Dances Part of Court Hearing, WSJ, Sept. 8, 2022