'We're still here': Gomeroi community celebrates appeal against gas project

The Gomeroi people, the traditional owners of the land slated for the $3.6 billion Narrabri Gas Project, won the right to appeal the project's approval following a court ruling on Wednesday, March 6, 2024.

The Federal Court of Australia found the Native Title Tribunal, which awarded energy company Santos mining leases in December 2022, failed to consider the public interest in the project's environmental impact.

Gomeroi woman Polly Cutmore said she was "proud" and "overwhelmed" when she found out about the court ruling.

"I'm proud of the mighty Gomeroi," she told the Leader.

"We're still here, and we've got a voice, and we're going to use it every time we have to."

During the ruling, chief justice Debra Mortimer said the tribunal should have considered the affects of climate change in its decision.

"There are a number of passages in the tribunal's reasons which indicate that it did indeed consider it was no part of its function ... to evaluate for itself the environmental impact of (such) a project," chief justice Debra Mortimer said while allowing the appeal.

"The tribunal's decision and reasoning on public interest is affected by the errors alleged," she said.

In December 2022, the National Native Title Tribunal made a determination to grant Santos the petroleum production leases, enabling the project to proceed.

The appeal, which was lodged by the Gomeroi people, was successful by a majority decision.

Ms Cutmore, who was an applicant for the appeal, said she had attended multiple meetings with Santos to negotiate the best outcome for country and people.

"Our country isn't for sale to the first person who offers us anything," she said.

"We need to protect Gomeroi and what we have."

Lawyers for the Gomeroi people submitted there was a public interest in seeking to mitigate and prevent the worst likely effects of global warming, and the preservation and continuity of the culture and society that underpins their traditional laws and customs.

Gomeroi man Mitchum Neave told the Leader it was about time people started listening to First Nations and Indigenous communities.

"We've done nothing but fight, fight, fight, for our rights since day dot," Mr Neave told the Leader.

"But we don't give up, we keep going."

Mr Neave said his biggest concern about the coal-seam gas project was the potential to lose the "footprint" of his ancestors, and the preservation of country for future generations.

"It's not about profit, sometimes it's about culture," he said.

The Federal Court did not agree with other arguments put forward by the Gomeroi people, which included submissions about negotiating in good faith or procedural fairness by Santos.

In response to the ruling, Santos said in a statement the energy company has "at all times negotiated with the Gomeroi people in good faith".

"Santos will continue to engage constructively with the Gomeroi people and work closely with them to ensure their heritage is protected and they benefit from the project development," the statement said.

It's expected the project benefits will include training and employment, and cultural heritage protection and management.

"Santos will continue to work through land access, native title, pipeline licensing and remaining environment approvals processes," the statement said.

Santos said the Narrabri project is "100 per cent" committed to the domestic market, and could supply up to 50 per cent of the state's natural gas needs.

The parties have until March 13 to file proposed orders with the court, if they cannot agree, submissions on appropriate orders are required by March 20, 2024.