A group of traditional owners from the Tiwi Islands, north of Darwin, have launched legal action against the Korean government to halt a major gas project near their home.
The injunction, filed this week in a Korean court aims to stop the South Korean Government from financing Santos to build the major Barossa offshore gas project.
A planned 300 kilometre pipeline from the gas field to Darwin would allegedly run through Tiwi territory, disrupting pristine sea turtle and other marine creature habitat.
Jikilaruwu Tiwi Island clan leaders, Daniel Munkara and Francisco Babui say their people were not properly consulted on the project and mislead about the prospect of it going ahead at all.
“Santos did not fully explain their plans to build a gas pipeline along our coast. Santos did not explain any of the risks,” Mr Munkara said.
According to Mr Munkara, the group were “ briefly” consulted about the pipeline in 2018 by previous owners ConocoPhillips and said “no” to the project.
“Now we find out they went behind our back. Santos wants to lay the pipeline through our sea country without our consent,” he said.
“Under Australian law and in accordance with Aboriginal tradition, the Jikilaruwu clan is the owner of the sea country where that gas pipeline will go through. We are the decision makers for that sea country.”
Santos said that all necessary consultations and approvals had been conducted and reports by the company show the project progressing as scheduled.
“The Barossa Gas Project has all the necessary approvals in place,” a Santos spokesperson said.
“As is the case for all of our projects, we undertake consultation with all key stakeholders where they receive detailed information about the project.”
On top of the environmental impact, Traditional Owners are also opposing the project on cultural grounds, as the turtles that are under threat from the project play a central role in Tiwi culture, ceremonies and local eco-tourism.
“This gas project puts our way of life at risk,” Mr Munkara said.
“By taking the South Korean Government to court to stop this gas project, we are protecting our family and our land.
Lawyers for the traditional owners have filed for an injunction in the Seoul Central District Court under the Korean Civil Execution Act, aiming to prevent the South Korean Government from lending around $964 million to the project through export credit agencies.
Plans for the project include a pipeline that runs the length of Bathurst Island in the Tiwis, through the Oceanic Shoals Marine Park.
A draft plan by former owner, ConocoPhillips proposed a rezoning of the Marine Park.
Locals say it will threaten turtle hatchlings and nesting beaches through extensive seabed disturbance, dredging, increased shipping and helicopter movements and significant noise and light pollution.
“The pipeline is too close to Cape Fourcroy. There is a reef there with lots of turtles and dugongs. The turtles lay their eggs on that beach and we go hunting in that area,” Mr Babui said.
“We use that coastline for camping and fishing. In the dry season we take our children there every week. We teach them about our culture and dreaming stories.
“I was taught there on that sea country and on that land country the same way by my father and grandfather.”
The pipeline would also involve expansion of harbour facilities in Darwin, the country of Senior Larrakia Traditional Owner Kevin Lance Quall.
“If the Barossa project goes ahead, there will be more development in Darwin Harbour. It means massive industrialisation on Dangalaba and Larrakia country.”
“Dangalaba people do not want more heavy industry in Darwin Harbour. The mangrove systems in Darwin Harbour are important to our sea life – it’s where we go to do our hunting, fishing and gathering.
He added, “there are many sacred sites around Darwin Harbour – both on land and in the water. The most important site for Dangalaba and Larrakia people is the site of Darramarrangamanidj (our creator). She resides at a place on Cox Peninsula, but the gas pipeline through the harbour cuts right through her dreaming track.”
“This kind of thing has been happening to Dangalaba and Larrakia people for over forty years.”
The legal action in South Korea targets two export credit agencies said to be funding loans for part of the project: the Export-Import Bank of Korea (KEXIM) and the Korea Trade Insurance Corporation (K-SURE).
“We hope that we win this case and that no one will want to give any more money to Santos. If they do, we will be ready to fight them too,” Mr Babui said.
“We should have been consulted about this project. If they don’t want to speak to us face to face, we will keep saying, ‘No’. We do not want this project to go ahead.”
