Shoddy consultations: Santos, drilling and First Nations peoples

Tipakalippa is confident that the legacy of this decision will linger as a warning. "We want Santos and all mining companies to remember – we are powerful, we will fight for our land and sea country, for our future generations no matter how hard and how long." Special Counsel of the Environment Defenders Office Alina Leikin also sees the case as a model for future litigation. "It will have national and global implications for consultation with First Nations people on mining projects."

This shows admirable confidence, but Santos, and their fraternal band of earth plunderers, are clear they will leave no stone unturned or money yielding sea-bed unviolated. "Given the significance of this decision to us, our international joint venture partners and customers, and the industry more broadly," the company noted in a statement, "we consider it should be reviewed by the Federal Court on appeal."

In a separate statement the company promises to suspend drilling activities "pending a favourable appeal outcome or the approval of a fresh Environment Plan. Santos is seeking to expedite these processes." In a menacing note, the company also warns that "uncertainty" in the approval of such projects "is a public policy issue that should be urgently addressed by Australian governments to reduce risk for trade and investment in projects around the country."

The same could be said about environmental health and consulting First Nations peoples, something that was conspicuously lacking here. Most tellingly, and troublingly, was that the gatekeeper in the affair, NOPSEMA, was less than diligent in performing its duties. In doing so, the regulator, as Greens spokesperson for resources Senator Dorinda Cox stated, "clearly failed the Munupi people."