Santos has been given the green light to proceed with its major coal seam gas project in Narrabri, despite traditional owners' concerns about the impacts of climate change and the preservation of indigenous culture.
The National Native Title Tribunal on Monday ruled proposed mining leases should be granted for the Narrabri gas project, in northern NSW, which would include 850 new gas wells across about 92,000 ha, including in the Pilliga state forest.
NSW Premier Dominic Perrottet has previously described the project as vital for future gas supply and independent planning approval has been upheld by the NSW Land and Environment Court.
The planning approvals meant Santos was obliged to negotiate with the Gomeroi people for their approval, but after years of discussions the company sought a ruling from the tribunal.
The Gomeroi people made a Native Title claim on the area in 2011, but it is yet to be determined by the Federal Court.
A group of 19 Gomeroi people told the tribunal Santos did not negotiate in good faith and argued the project would contribute to climate change and have "grave and irreversible" consequences for the land, water and their culture.
"The tribunal does not doubt that the Gomeroi applicant's concerns are genuine," tribunal president John Dowsett said.
"However, the tribunal concluded that the Gomeroi applicant had failed to justify its assertions that the proposed grants would have such effect."
The tribunal found the project's public benefit outweighed their concerns.
Gomeroi man Raymond Weatherall said he was angry, but not surprised by the ruling.
"In every mine that goes across Aboriginal people's country across the continent, they always say it far outweighs the cultural significance and spiritual connection to our country in regards to progress and money that can be made," Mr Weatherall told AAP.
"I expected it, we've been fighting against them for over 10 years now, but it is disheartening."
Santos can proceed on the condition that more cultural research is carried out before the next phase of the project.
In a statement the company said it has a history of working with Indigenous groups and would support indigenous employment, training and involvement in cultural heritage protection during the Narrabri project.
"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 in a range of ways."
Mr Weatherall said the Gomeroi people would likely appeal against the decision.
