Over four days in April, the Native Title Tribunal (NTT) held an inquiry into a Future Acts Determination Application lodged by Santos. Santos is seeking permission from the NTT to over-ride Gomeroi rights and establish their Pilliga (Narrabri) Coal Seam Gas project.

Gomeroi people voted overwhelmingly at a recent Native Title meeting in Tamworth to reject a deal for compensation proposed by Santos. Because there is no Gomeroi consent, and Santos’ CSG operations would destroy or constrain the ability of Gomeroi to exercise Native Title rights in the affected areas, the Tribunal must provide authorisation before the NSW government can issue the mining leases Santos needs to seriously start work installing up to 850 gas wells. The NSW government is also a party to the hearing and consistently backed up Santos in advocating for the project to proceed.

The case is being heard by Justice John Dowsett, the President of the NTT.

In similar cases, the Tribunal has consistently ruled in favour of mining companies to the detriment of First Nations rights. However, the Tribunal does have the power to reject Santos’ application, which would effectively stop CSG in the Pilliga.

Most of the important arguments and information being considered by the Tribunal had already gone in as written submissions and were not discussed during the inquiry. However, a number of witnesses who provided affidavits both for the Santos case and the Gomeroi case were called for cross examination. This allowed people attending the public inquiry in Brisbane or tuning into the livestream an opportunity to understand many of the key issues being debated.

One key issue is climate change. In making his decision, President Dowsett needs to consider whether over-riding Native Title rights for Santos’ CSG project is in “the public interest”. That fact that mining is very important for the Australian economy is usually enough for the NTT to rule it in “the public interest”. For the first time in the history of the NTT considering whether to authorise a fossil fuel project, however, Gomeroi representatives are arguing that this development will have “devastating consequences for Australia” due to the destructive impact it will have on the climate, and so it should not be allowed to proceed.

During cross-examination, Santos employee Todd Dunn was asked a number of questions about the impact of the project on climate change and the increasingly catastrophic impact that climate change is having on life in Australia.

While Mr Dunn was happy to admit that the Santos project would create a large volume of greenhouse gas emissions, he refused to concede that this would contribute to climate change, saying “I don’t agree that the Narrabri gas project will exacerbate climate change”. Indeed, Mr Dunn asserted Santos’ position that the project will actually be good for the climate, on the basis that gas can help transition away from more carbon intensive coal-fired power. Santos is also claiming their operations in the Pilliga will be “net zero” by 2040, but provided no explanation as to how this would be achieved. Current project approvals provide no obligations on Santos to achieve “net zero”.

Professor Will Steffen, a climate change expert and researcher at ANU, appeared as a witness for Gomeroi and directly countered many of the claims made by Mr Dunn. Mr Steffen explained that gas operations can lead to a large methane emissions, along with the huge carbon emissions that come from using gas from energy. Mr Steffen argued that the current global scientific consensus is that the world cannot afford any new fossil fuel projects if we want to avoid catastrophic climate change. Santos’ project can not be in “the public interest” - because it will drive more destructive fire, floods, heatwaves etc.

President Dowsett made a number of comments throughout the inquiry that indicated he is hesitant to make any assessment about the climate impact of the project, pointing out that already completed processes such as the Independent Planning Commission approval in 2020 have already ruled in favour of Santos on this issue. However, legal representatives for the Gomeroi insisted that the NTT process is a separate one, weighing up different interests, and that the climate impact of the project should be assessed to be not in the “public interest” for the purposes of over-riding Native Title. Whatever way Dowsett rules will have big implications for the whole Native Title system in the climate-change era.

Another one of the arguments being made by Gomeroi in court is that Santos failed to negotiate “in good faith”. One of the main reasons Gomeori allege bad faith is that Santos have engaged in racial discrimination. Gomeroi representatives argued that the company has failed to treat Gomeroi on an equal footing with farmers whose land is within the project area. Back in 2014, when the gas push in NSW was really starting, Santos and another gas company AGL did a deal with major non-Indigenous farmer and land-owner organisations, where they promised that if any farmer did not want to allow gas drilling on their land that would be respected. They would only go onto lands where farmers agreed and wanted to be paid compensation for allowing gas drilling.

This same deal has never been offered to Gomeroi. Santos have refused to accept the strong position from Gomeroi of no gas mining on the Native Title claim area. Santos representatives made a number of offensive arguments in court, saying that they should have no real obligation to Gomeroi because, unlike some groups in Northern Australia, Gomeroi can’t claim exclusive Native Title because Gomeori connections to the land are – according to Santos – not is as strong. Their barrister argued, “you can’t really consider the Gomeroi to be owners of the land”.

There are many other issues being considered in the inquiry that will bear upon the final decision as to whether Santos have negotiated “in good faith”, including the quality of the financial compensation that Santos have offered to Gomeroi and the quality of the Aboriginal Culture and Heritage Management Plan. It is clear from the whole tone of the inquiry, however, that the Native Title system is set up to service the interests of mining companies like Santos. It was reiterated many times that Native Title does not offer a “veto” to Gomeroi and Santos should be able to expect that their project will proceed. No Gomeroi were called to speak to the Tribunal. Indeed, apart from the barrister representing the Gomeroi, Tony McAvoy, the Tribunal only heard from non-Indigenous people arguing about the future of Indigenous lands.

Gomeroi and Santos have headed back to mediation this week. If they cannot come up with an agreement, the case will return to the NTT for judgement. This could happen quickly and with very little notice. If the Tribunal will not defend Gomeroi interests we need to be ready to step up the campaign and stop this disgraceful gas-fired dispossession. A key pressure point will be demanding that the NSW government refuses to issue the mining leases to Santos, despite the authorisation of the Tribunal.

By Padraic Gibson, Jumbunna Institute, UTS

Stop gas-fired dispossession - Stand with Gomeroi against Santos, Perrottet and Morrison - Climate Justice now!

Rally Friday April 8 2022, 12pm
Federal Court of Australia, 184 Phillip Street, Sydney
Join and share the Facebook event https://www.facebook.com/events/512140653600150

On 25th March, the Gomeroi Nation voted overwhelmingly at a meeting in Tamworth to reject Santos’ proposal to accept the Pilliga (Narrabri) gas project and surrender their Native Title rights in exchange for a package of benefits. The Gomeroi bravely said an unequivocal NO to Santos’ attempt to sacrifice their Country for corporate profit and an unnecessary, climate-killing gas project.

Now Santos plan to push ahead with an application in the Native Title Tribunal to over-ride Gomeroi rights and impose the project regardless. On Friday April 8, when the hearing begins, Gomeroi leaders, trade union representatives, climate groups and others will stand in solidarity against this disgusting attack on the climate and the rights of First Nations. Come along and take a stand for justice. Please join and share the Facebook event.

GOMEROI PEOPLE SAY NO TO AGREEMENT WITH SANTOS
Gomeroi People have strongly voted no to entering into an agreement with Santos over the Narrabri Gas Project in the Pilliga Forest.

The vote took place at a Gomeroi native title claim group meeting held at Tamworth from 22 to 25 March 2022.

The Gomeroi Applicant and Santos have been formally negotiating about the petroleum production lease applications for the Narrabri Gas Project since 2014.

In May 2021, Santos filed future act determination applications in the National Native Title Tribunal seeking a determination that the leases may be granted without the Gomeroi People’s consent and agreement to the Santos project.

In March 2022, Santos put an offer to the Gomeroi People, which sought their consent to the gas project in exchange for certain benefits. That offer has now been rejected by the Gomeroi People.

The Gomeroi Applicant, 18 Gomeroi People who make up a representative body of the native title claimants, spoke about the importance of the decision.

“The Gomeroi Applicant tried every avenue to come up with a fair and equitable deal with Santos that we could present to the Gomeroi Nation in good faith,” the applicant said.

“At the end of the day, the strong vote of the nation shows that the Gomeroi People did not think that Santos presented a fair agreement.”

“Santos’s proposed Project does not give us confidence that Santos will avoid damage to the Pilliga forest, or the Billaga as we say, and its cultural values.”

“The nation has voted, and we will do our best to protect the cultural and natural values of the Billaga.”
“We are fighting to protect the Billaga from climate change, for Gomeroi People and others as well.”
“In our view, there are no satisfactory measures in place to protect our Country. The Gomeroi People are very concerned that the Project will impact the Billaga’s waterways, and contaminate the Great Artesian Basin.”

The Gomeroi Applicant also commented on the inadequacies of the native title process.

“Unfortunately, the Native Title Act does not give us the right of veto for any activities on our traditional country,” the applicant said.

“We have cultural obligations to protect our country and our special places. That’s why the Gomeroi People voted so strongly against the agreement.”
“We know that, by going down this path and trying to protect our country, we run the risk of not getting any compensation at all from Santos. That’s the way the Native Title Act is.”

In the next stage of the process, a hearing in the National Native Title Tribunal will proceed before President Dowsett on 8 to 13 April 2022. Gomeroi People have filed evidence in the Tribunal about the spiritual and cultural significance of the Billaga Forest and the negative effects that may be caused by greenhouse gas emissions from the Narrabri Gas Project.

They have also filed evidence supporting the contention that Santos did not conduct the negotiations in good faith nor offer fair and reasonable compensation, and that Santos’s cultural heritage report and assessment was seriously inadequate.

Following the hearing, President Dowsett will determine whether the petroleum production leases can be granted to Santos.

Depending on the outcome, either Santos or the Gomeroi People may appeal the determination of the National Native Title Tribunal to the Federal Court.
The Commonwealth Attorney General may also overrule any determination by the Tribunal if she considers overruling the determination to be in the national interest or in the interest of NSW.

Media Release 28 March 2022

THOMAS MAYOR
MARITIME UNION AUSTRALIA – NATIONAL INDIGENOUS OFFICER

PAUL KEATING
MARITIME UNION AUSTRALIA – SYDNEY BRANCH SECRETARY

28 MARCH 2022

MARITIME UNION JOINS IN SOLIDARITY WITH GOMEROI PEOPLE TO OPPOSE PILLIGA CSG

The Maritime Union of Australia has reaffirmed its support and solidarity with First Nations people throughout Australia by standing beside the Gomeroi people in opposition to coal seam gas in the Pilliga.

A Gomeroi Nations meeting was held last week in Tamworth to discuss a proposal from gas giant Santos to sink 850 coal seam gas wells in the Pilliga. The plan was almost unanimously opposed and the Union calls on gas giant Santos to respect the outcome of the vote and withdraw their plans to mine the Pilliga.

Members of the MUA rank and file met with Gomeroi people in Tamworth in the lead up to the vote, to express their steadfast support for the Gomeroi Nation’s right to oppose the Santos proposal.

Just as First Nations people should not have to negotiate with multinational gas corporations for jobs and basic services or trade away their lands and the health of the environment in order to receive them, regional and rural communities deserve public investment in sustainable employment and infrastructure that delivers training and transition opportunities for workers in the extractive industries to secure new sustainable jobs to avert a climate catastrophe.

“It’s clear from the Gomeroi Nations meeting that there is overwhelming opposition to the proposed 850 coal seam gas wells on their country. This is reflected in the almost unanimous vote against the proposal,” said Natalie Wasley, a member of the MUA’s Sydney Branch. “As well as the MUA, a number of other unions have also endorsed a statement supporting Gomeroi. We will continue to grow this supportive network and stand with the community through this whole process”, Ms Wasley added.

The MUA understands that Santos has lodged a "Future Acts Determination Application" to the Native Title Tribunal, to push ahead despite the outcome of the democratic vote. This demonstrates how little regard Santos has for Gomeroi people and their rights to land and self-determination. Santos lodged the application before the Gomeroi meeting, which also shows the ease with which proponents are able to overturn Native Title holders’ opposition to objectionable land use proposals.

“It’s a disgrace how little control the Native Title system gives Aboriginal people over their land. We will work hard to ensure the resounding ‘no’ vote is respected and that Santos' plan to desecrate the Pilliga is defeated,” Ms Wasley said.

“Gomeroi have taken a principled stand that should be respected amidst the worsening climate emergency. I was very proud to stand with Gomeroi people and spend time on their country to see their strength in action. Gomeroi Ngaarr- Gomeroi Strong!”, Ms Wasley said.

The MUA's National Indigenous Officer, Thomas Mayor said, “Now that the Gomeroi have rejected Santos’s proposal, I am confident the rest of the union movement will stand with the Gomeroi as we have. The fundamental issue here is that the rights of the Gomeroi should be respected”.

“Santos must listen to the rightful owners of the land, the Gomeroi people. In their language, ‘gamil’ means ‘no’ - and the MUA says gamil too,” Mr Mayor said.

The Maritime Union’s Sydney branch secretary, Paul Keating, reaffirmed the union’s solidarity with First Nations people and supported the position adopted by the MUA’s rank and file membership in opposing Santos’ plans.

“This land belongs to the Gomeroi people and our union stands with them in defiance of this massive corporation seeking to sidestep their rights in pursuit of shareholder profits, Mr Keating said. "This fundamentally is about sovereignty of First Nations peoples,” he added.

“The fact that Santos is seeking to extinguish Native Title and force this project demonstrates the injustices within the Native Title system, so we are standing alongside the Gomeroi people in this fight. If Santos won’t respect the outcome of this democratic vote, then government must intervene to ensure this CSG proposal doesn’t go ahead,” Mr Keating said.

The Gomeroi Nation have voted overwhelmingly to reject a proposal from Santos at a historic Native Title meeting in Tamworth on 25th March 2022.

Gomeroi campaigners who attended the meeting are calling for solidarity from non-Indigenous people, to ensure this vote is respected and Santos abandon their coal-seam gas plans in the region.

Santos is seeking an agreement with Gomeroi to establish the Pilliga (Narrabri) coal-seam gas project, which would see 850 coal-seam gas wells in the Pilliga forest.

The lands targeted by Santos are subject to a registered Native Title claim by Gomeroi people. This means Santos either need an agreement with Gomeroi to progress their project, or sanction from the Native Title Tribunal to over-ride Gomeroi rights.

Gomeroi are calling on Santos to immediately withdraw an application currently before the Tribunal, which seeks permission to proceed with the project despite this vote.

Gomeroi people who have participated in the meeting have made the following public statements. Below are just some of many Gomeroi voices who have loudly said NO and must be heard.

A protest is being planned outside the Federal Court in Sydney on Friday 8th of April 2022, during the upcoming hearing, calling on Santos to withdraw the application and all levels of government to withdraw their support for Santos and respect Gomeroi rights.