Traditional owners on the remote Tiwi Islands have given evidence in a special on-country, beachside federal court hearing, in a bid to stop a multi-billion dollar Santos gas project in waters off Darwin from going ahead.
Munupi clan elders launched federal court action in June, claiming they weren't properly consulted about plans by the oil and gas giant to develop the $4.7 billion Barossa gas field, located 150 kilometres north of the islands.
The company won environmental approval for the project in February, a year after confirming finance for what it called Australia's biggest oil and gas investment in a decade, and preliminary drilling began in the Timor Sea last month.
Justice Mordecai Bromberg granted an application for the court to hear some evidence for the court challenge on country this week, despite objections from Santos lawyers.
The judge and Santos' legal team were welcomed by a smoking ceremony at the Pitjimirra homeland on Melville Island's north coast on Monday.
In front of a make-shift court assembled under a tent, Munupi elder and Pirlangimpi mayor Pirrawayingi Puruntatameri led the ceremony.
"The song I'm going to sing will welcome you, traditionally," he said.
"[It's] welcoming you officially and then we'll proceed to the court."
'Drilling a hole in our heart'
Sitting on plastic chairs and trestle tables, in a dirt clearing surrounded by stringybark trees, the court heard evidence from a small group of senior Munupi women and male elders, while others watched on.
All four said they had never spoken to anyone from Santos about the project, which a Santos lawyer disputed in cross-examination.
The Environment Defenders Office legal group, which is representing the traditional owners, has argued the attempts at consultation were limited to a handful of unanswered emails, which the company strongly denies.
The elders voiced their fears about potential risks from the drilling and pipeline to sea animals and spirits, including the turtle dreaming belonging to lead applicant Dennis Murphy Tipakalippa.
"Our songlines connects us right up from sea country to deep water," Pauline Jedda Puruntatameri told the court.
"Songlines have been handed down from generation to generation."
Pirrawayingi (known by a single name) told the court any contact the company had with the Tiwi Land Council had not been communicated to the Munupi clan.
"When someone drills underground or in the sea and it's close to the proximity of your land, or your boundary in whitefella way — in our way, spiritually, they are drilling a hole in our body," he said.
"It can be damaging, spiritually."
All four also spoke about the sea serpent Ampitji, who would be disturbed and angered by any damage to the sea country.
'Robust approval process' undertaken, Santos says
The project includes a pipeline from a gas field in the Timor Sea, to an existing LNG facility on Darwin Harbour.
Santos predicts it will help extend the life of the Darwin LNG processing plant by 20 years, and create an estimated 600 jobs during construction, as well as 350 ongoing jobs in Darwin over the next two decades.
The hearing will continue in Darwin for the remainder of week, before the judge retires to consider a decision.
In a statement, Santos said the project was "underway and proceeding to schedule" after a robust approvals process, including in relation to consultation.
"Santos has consulted with Traditional Owners on the Barossa Gas Project since 2016", the statement said.
"Santos will vigorously defend its position in these proceedings."
When final investment decisions were made last year, Northern Territory Deputy Chief Minister, Nicole Manison, said the project, with $800 million set aside for Darwin LNG plant upgrades, would mean “jobs, jobs and more jobs for Territorians”.
The company has forecast gas production to begin in 2025, with much of the gas pre-purchased for export to South Korea and Japan.
Traditional owners launched the legal action with the help of the NT Environment Centre.
The group has described the Barossa project as a "carbon bomb", saying it will make Australia’s climate targets harder to meet.
Santos has said it plans to minimise climate changing emissions from the project by using carbon capture and storage.
