Santos NSW Pty Ltd v Gomeroi People

COURT OR TRIBUNAL

Federal Court of Australia, National Native Title Tribunal

DATE FILED (OR FIRST HEARING DATE)

05/05/2021

LITIGATION TYPE

Project Approval - Mitigation

SUBJECT MATTER

Gas and Oil

REVIEW TYPE

Merits review

SUMMARY

(Extract from headnote) “Santos NSW (Eastern) Pty Ltd and associated companies propose to conduct a gas extraction operation, described as the Narrabri Gas Project... The Gomeroi applicant submitted that the proposed grants should not be made, asserting that the Narrabri Gas Project would result in grave and irreversible consequences for the Gomeroi People’s culture, lands and waters and would contribute to climate change. The Tribunal does not doubt that the Gomeroi applicant’s concerns are genuine. However the Tribunal concluded that the Gomeroi applicant had failed to justify its assertions that the proposed grants would have such effect upon the matters identified in s 39(1)(a) of the Native Title Act. The Tribunal also took into account matters arising pursuant to ss 39(1)(b), (c), (e) and (f) and s 39(2) of the Native Title Act.” The applicants appealed the decision to the Federal Court.

Chief Justice Mortimer held that the "Gomeroi applicant’s question of law 3 relating to the mandatory consideration in s 39(1)(e) should be answered favourably to its contentions. The Tribunal’s decision and reasoning on public interest is affected by the errors alleged". “As the Gomeroi applicant submitted in the appeal, there was no basis for the Tribunal to avoid consideration of the Gomeroi applicant’s contentions about GHG emissions from the Narrabri gas project and s 39(1)(e) by reference to notions of ‘practicability”.

CASE DOCUMENTS

Santos NSW Pty Ltd and Another v Gomeroi People and Another [2022] NNTTA 74
Appeal filed in the Federal Court
Gomeroi People v Santos NSW Pty Ltd and Santos NSW (Narrabri Gas) Pty Ltd [2024] FCAFC 26
omeroi People v Santos NSW Pty Ltd and Santos NSW (Narrabri Gas) Pty Ltd (No 2) [2024] FCAFC 49