National Native Title Tribunal ruling on Narrabri Gas Project devastates elder
The tribunal was asked to decide whether the leases, which mostly overlap with a significant Gomeroi cultural area, the Pilliga, should be allowed.
The NSW Independent Planning Commission (IPC) approved the $3.6 billion Narrabri Gas Project for up to 850 gas wells in 2020.
In its decision handed down on Monday, the tribunal said, weighing the public interest evidence and concerns of the Gomeroi people, they believed the Narrabri Gas Project offered a "net public benefit".
Gomeroi woman and native title applicant Polly Cutmore said the decision was upsetting.
"I am very upset, but it doesn't surprise me," she said.
The tribunal decision was not the only remaining hurdle for the Narrabri Gas Project, but it has been a protracted issue.
In December 2022, the tribunal decided the leases could be allowed, subject to conditions.
In March 2024, the Federal Court unanimously rejected the Gomeroi people's five grounds of appeal relating to good faith.
But the appeal was allowed on one ground; two of the three Federal Court Justices found the tribunal erred in its limited consideration of environmental concerns.
Chief Justice Debra Mortimer said in the 2024 ruling the Gomeroi people "were deprived of the possibility of a successful outcome by reason of the tribunal's errors".
Traditional owners called the decision groundbreaking for their people and the fight against climate change.
Meanwhile, Santos indicated they would continue mediation to reach a mutually beneficial outcome for both parties.
Ms Cutmore said her people would continue to fight to protect their country.
Ms Cutmore said when she was first made aware of the project almost a decade ago, she was concerned about Santos's plan to extract gas from the Great Artesian Basin.
"The people from the Namoi, who rely on the water system, all the way through to the Murray Darling Basin, it's going to be devastating for the country, the land," she said.
"It's going to be devastating for our people.
"We took everything into consideration what Santos offered us at the (National) Native Title Tribunal table, we said no.
"We are here because of our ancestors, they fought and we will continue to fight.
"We are still here and we will continue to fight, we love our country."
Santos's proposal for the Narrabri Lateral Pipeline, a 30-kilometre pipeline to connect the Narrabri Gas Project to the Hunter Gas Pipeline, is still being assessed by the federal government.
Before the IPC's approval of the Narrabri Gas Project, the state government received almost 23,000 public objections and the Mullalley Gas and Pipeline Accord later unsuccessfully challenged the approval in court.
Santos will need to comply with strict conditions to proceed with the project.
Santos has been approached for comment.
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