When announcing the decision to allow commercial gas production to go ahead in the Beetaloo Basin this week, NT Chief Minister Natasha Fyles said Indigenous people had the power to stop a gas development.
"I want to make it clear, traditional owners, Aboriginal territorians, have the power to veto a [gas] project," she said.
But it is not as clear cut as that.
A delicate balancing act
Balancing the rights of gas companies, pastoralists and Indigenous people is a difficult tightrope that government regulations have to walk.
Australia's natural resources are owned by the Australian people, so the argument goes that their extraction should be allowed, so taxpayers can reap some of the rewards.
However, the rights of Indigenous peoples to control what happens on their country varies depending on the land tenure.
On land granted under the federal Aboriginal Land Rights Act, commonly known as "Aboriginal land", traditional owners only have the right to veto a gas project at the exploration phase.
If traditional owners say "yes" to gas exploration on their land, that decision also ties them to saying "yes" to any commercial gas production resulting from that exploration.
The 2018 Pepper Inquiry's final report into fracking in the Northern Territory highlighted an issue with this rule.
"If traditional owners want development on their country, they are forced to make a decision at a time when there is limited information available about what the size of the final project will be," the report said.
But a 2013 review of the Aboriginal Land Rights Act by Justice John Mansfield found that allowing traditional owners the right to veto at the production phase, would "provide no certainty for applicants, and could discourage [exploration applications] on Aboriginal land entirely".
Native title holders have no veto right
Native title recognises that Aboriginal and Torres Strait Islander peoples have rights to areas of land and sea, but does not provide ownership in the same way as the Land Rights Act.
In the case of a gas development on land covered by native title, this means the native title holders must be consulted, and an agreement reached between the gas company, the NT government and the native title holders before activity can start.
"If an agreement cannot be reached within [six months], any party negotiating can make an application to the National Native Title Tribunal (NNTT) for the matter to be arbitrated," the Pepper inquiry's final report said.
The tribunal will then make an arbitration as to whether the activity is allowed or not.
In a recent case in New South Wales, the NNTT ruled a gas company could go ahead with its plans, despite the objections of the Gomeroi people.
For Nurrdalinji Native Title Aboriginal Corporation chair Johnny Wilson — whose organisation represents Beetaloo Basin native title holders and traditional owners — the lack of a veto right for native title holders is a concern.
"When our old people said yes, many years ago, they had no idea of the many thousands of wells we are looking at now," he said.
Most of the land in the Beetaloo Basin where commercial gas production may take place is pastoral lease, all of which is covered by native title.
One gas company is exploring on Aboriginal land, with the consent of traditional owners.
Ultimately, under the terms of the Commonwealth Native Title Act, Indigenous territorians do not have an absolute veto right on most of the area where gas production is expected in the Beetaloo Basin.
But when pressed about Indigenous peoples' veto rights, NT Minister for Industry Nicole Manison said on Friday, "If traditional owners do not support development happening on their land, it will not go ahead".
What rights do pastoralists have?
Owners of cattle stations have no right to veto gas exploration or production on their property.
If a gas company wants to enter a pastoral lease, they must negotiate a land access agreement with the pastoralist, outlining what activities it wants to undertake and how it will aim to limit disruption to cattle operations.
Last year, a land access agreement was forced upon Rallen Australia, the owners of Tanumbirini Station — a property in the Beetaloo Basin — by the NT Civil and Administrative Tribunal, despite the owners' objections to Tamboran Resources' exploration proposal.
Rallen director Luciana Ravazzotti said allowing gas production to go ahead on her property would make it "very difficult" to run cattle.
"One of the arguments that the gas industry brings up is that, as a land percentage of the property, only a very small percentage of the land would be used," she said.
"But it's actually a grid of wells — two kilometres by two kilometres across the whole exploration permit.
"These wells will be joined by pipelines…these pipes are big, you can bury them, which involves clearing land or the pipes can be left above ground, which means cattle can't move freely on the land.
"It's going to have a huge impact … it's not just one well in a corner of your property, it's a grid of wells."
Tamboran Resources' managing director Joel Riddle said his company was committed to working with all stakeholders.
"We have been having lots of discussions with Rallen for many years and will continue to have discussions with them," he said.
"I recognise there is not unanimous support in the traditional owner community … in the Beetaloo, but what we're committed to doing is speaking to everyone … talking to everyone about the great benefits our project delivers."
The NT government is expecting the first applications for gas production in the Beetaloo in 2024.
