Gas giant Santos has been ordered to pause construction of the pipeline for its $4.7 billion Barossa gas project after a regulator found some potential risks to Aboriginal cultural sites were not canvassed in an earlier environmental plan.
During a site visit "at short notice" in December, inspectors from the National Offshore Petroleum Safety and Environmental Management Authority (NOPSEMA) determined Santos needed to obtain further information about the potential impact of its gas pipeline on Tiwi Islands sea country, north of Darwin.
It is the latest blow to Santos' massive Barossa project, which is already facing delays after the company lost a landmark legal battle against a clan of Tiwi Islands traditional owners, who argued they were not properly consulted about plans to drill through their sea country.
The federal court ruling has left Santos' drill rig sitting idle since October.
NOPSEMA issued its latest direction just weeks before construction of Santos' pipeline was due to start.
As a result of the findings, NOPSEMA directed Santos on January 13 to engage independent experts to assess the pipeline's impact on "any underwater cultural heritage places along the Barossa pipeline route to which people, in accordance with Indigenous tradition, may have spiritual and cultural connections".
If any such risks are identified, Santos must update its environment plan.
The company must also notify NOPSEMA of any future activities related to its gas pipeline at least 10 days before work begins.
Santos says laying pipeline is a 'low-impact activity'
In a statement, a Santos spokesperson said the company's environment plan for its gas export pipeline was accepted by NOPSEMA in March 2020 "following a full and complete consultation process".
"All matters identified by stakeholders during the process were addressed," the spokesperson said.
"As is usual practice, Santos is following the procedures in the approved environment plan and implementing the general direction."
The spokesperson also said construction of the pipeline was a "low-impact activity involving the laying of pipe on the sea floor".
"There are no dredging or trenching activities," the spokesperson said.
The company did not respond to questions about the extent to which NOPSEMA's latest direction would affect its timeline for the project.
It has previously described the Barossa project as the biggest oil and gas investment in Australia in a decade.
Traditional owners, environmental lawyers welcome decision
In a statement, Malawu traditional owner Therese Wokay Bourke said she felt "relieved, grateful and happy that NOPSEMA have listened to us".
"It is my birthright and responsibility as a traditional owner of the Tiwi Islands to protect the spirit of our sea country," she said.
"It is vital that we have time to map out our underwater spiritual heritage."
In a statement, the Environmental Defenders Office special counsel Alina Leikin said she welcomed NOPSEMA's decision, because "it recognises this pipeline poses significant risks to Tiwi cultural and spiritual heritage, and … requires Santos to comprehensively assess those risks".
"We will continue to work closely with our Tiwi clients to ensure their rights are upheld and their cultural heritage, in all its forms, is preserved for current and future generations," she said.
Santos is due to hold three days of consultation meetings on the Tiwi Islands next month in a bid to resume drilling operations.
