Home > Will the funders of Santos’ Barossa project live up to their human rights commitments?

Will the funders of Santos’ Barossa project live up to their human rights commitments?

7 February 2024

29 January 2023

Australia’s second biggest gas company, Santos, is able to proceed with its $5.7 billion offshore Barossa gas project, following a Federal Court decision earlier this month.

Barossa is located in the Timor Sea north of Darwin and the Tiwi Islands, and has been staunchly opposed by Tiwi Islands Traditional Owners for years. A spokesperson for the Munupi clan of the Tiwi Islands has stated that “Munupi people don’t want any fossil fuel activities off the coast line of the Tiwi Islands.”

The project has been delayed for almost sixteen months after a successful legal challenge from Tiwi Islands Traditional Owners in the Federal Court saw Santos’ environmental approvals for the project revoked. Santos has increased the cost of Barossa by US$300 million as a result of the delays.

However, the Federal Court of Australia ruled against a legal challenge by Tiwi Islands Traditional Owners to the construction of the Barossa gas pipeline, effectively enabling Santos to go ahead with the entire project.

Santos has announced that it will recommence laying its pipeline, and despite over a year of delays, has made only a minor revision to its schedule for Barossa, having recently announced to investors it is targeting first gas in the third quarter of 2025.

Support Traditional Owners: Take Action

Name(Required)

First Last

Email(Required)

Select your bank(Required)

Your message to ANZ

Subject

Your message

Please feel free to personalise the message! Let ANZ know if you are a customer or shareholder.

Dear ANZ,

Recent decisions by the Federal Court of Australia and the offshore environmental regulator, the National Offshore Petroleum Safety and Environmental Management Authority (NOPSEMA) effectively clear the way for Santos to proceed with its disastrous mega gas project, Barossa, off the coast of the Tiwi Islands.

I understand that, despite the claimed commitments to the principles of ‘free, prior and informed consent’ (FPIC) in your human rights policy, in September 2022 the bank participated in a loan to Santos, related to the Barossa gas field.

A spokesperson for the Munupi clan of the Tiwi Islands has said "Munupi people don't want any fossil fuel activities off the coast line of the Tiwi islands”.

I understand that your decision to refinance this loan is the subject of a human rights complaint from Larrakia and Traditional Owners.

It is appalling that ANZ chose to finance Santos while Tiwi Islands Traditional Owners were challenging the Barossa project in the Federal Court of Australia.

This matter is now of even greater urgency than it was when the human rights complaints were lodged in April 2023. Santos has been hemorrhaging money because of the Barossa delays, and has now increased the cost of the project by US$300 million.

If Santos has not already used your customers’ money to cover its delays, there is now an imminent risk it will use your customers' money to directly fund construction of the project, potentially breaching your own human rights policy.

Despite over a year of delays, Santos has made only minor revisions to its schedule for Barossa, expecting first gas to be delivered in the third quarter of 2025. ANZ only has a short window of opportunity to exit the current loan facility to Santos and not enable this destructive project.

I understand that you have even provided additional financial support to Santos since the human rights complaint, participating in the arrangement of a $1.3 billion bond in September 2023.

Traditional Owners have made their positions clear:

“My aim is to stop whoever is supporting Santos with all the funds. It is our right to protect the sea and the land.” – Paulina Jedda Puruntatameri, Tiwi Elder and Traditional Owner

“We want the banks to re-think what they’re doing and stop investing in companies that are destroying our world and environment. Banks are enabling Santos to continue doing what they are doing without any care about our human rights and what they’re doing to the environment we live in.” – Therese Wokai Bourke, Malawu clan leader

“We will not allow these banks or Santos to break the system of our sacred places. Our survival depends on our ceremonies, if one breaks, other tribes and people will also be affected. We have to keep it all intact for our future generations.” – Tibby Quall, Larrakia Elder and Traditional Owner

As one of Australia’s biggest financial institutions, you have a responsibility to act in accordance with international human rights obligations, particularly ones the bank has committed to.

I therefore urge you to commit to: 
– Exiting the current loan facility to Santos 
– Not providing any finance that will be used for Barossa’s associated Darwin LNG facility
– Acting consistently with your own human rights policies and commitments
– Respecting the rights of Traditional Owners by not providing finance to additional projects and companies that breach the principles of FPIC. This includes not refinancing Santos in any upcoming refinancing deals.

I look forward to your response on this matter.

Sincerely,

Your message to CommBank

Subject

Your message

Please feel free to personalise the message! Let Commbank know if you are a customer or shareholder.

Dear Commonwealth Bank,

Recent decisions by the Federal Court of Australia and the offshore environmental regulator, the National Offshore Petroleum Safety and Environmental Management Authority (NOPSEMA) effectively allow Santos to proceed with its disastrous mega gas project, Barossa, off the coast of the Tiwi Islands.

A spokesperson for the Munupi clan of the Tiwi Islands has said "Munupi people don't want any fossil fuel activities off the coast line of the Tiwi islands”.

I also understand that your decision to refinance this loan is the subject of a human rights complaint from Larrakia and Traditional Owners.

It is appalling that CommBank chose to finance Santos while Tiwi Islands Traditional Owners were challenging the Barossa project in the Federal Court of Australia.

If Santos has not already used your customers’ money to cover its delays, there is now an imminent risk it will use your customers’ money to directly fund construction of the project, potentially breaching your own human rights policy.

Despite over a year of delays, Santos has made only minor revisions to its schedule for Barossa, expecting first gas to be delivered as early as the third quarter of 2025. CommBank only has a short window of opportunity to exit the current loan facility to Santos and not enable this destructive project.

Traditional Owners have made their positions clear:

“My aim is to stop whoever is supporting Santos with all the funds. It is our right to protect the sea and the land.” – Paulina Jedda Puruntatameri, Tiwi Elder and Traditional Owner

As one of Australia’s biggest financial institutions, you have a responsibility to act in accordance with international human rights obligations, particularly ones the bank has committed to.

I look forward to your response on this matter.

Sincerely,

Your message to NAB

Subject

Your message

Please feel free to personalise the message! Let NAB know if you are a customer or shareholder.

Dear NAB,

Recent decisions by the Federal Court of Australia and the offshore environmental regulator, the National Offshore Petroleum Safety and Environmental Management Authority (NOPSEMA) effectively allow Santos to proceed with its disastrous mega gas project, Barossa, off the coast of the Tiwi Islands.

A spokesperson for the Munupi clan of the Tiwi Islands has said "Munupi people don't want any fossil fuel activities off the coast line of the Tiwi islands”.

It is appalling that NAB chose to finance Santos while Tiwi Islands Traditional Owners were challenging the Barossa project in the Federal Court of Australia.

If Santos has not already used your customers’ money to cover its delays, there is now an imminent risk it will use your customer’s money to directly fund construction of the project, potentially breaching your own human rights policy.

Despite over a year of delays, Santos has made only minor revisions to its schedule for Barossa, expecting first gas to be delivered as early as the third quarter of 2025. NAB only has a short window of opportunity to exit the current loan facility to Santos and not enable this destructive project.

You have failed to provide any justification for your stated position that you did not contribute to the human rights impacts alleged in the complaint.

Worse still, unlike all of your big four counterparts, NAB has not even committed to engage in a dialogue on Tiwi country with Traditional Owners to discuss the issues around the Barossa project.

In December 2023 Tiwi Traditional Owners travelled thousands of kilometres to attend your Annual General Meeting and extend an invitation to visit, an invitation that has still not been accepted.

At a bare minimum, you should commit to meeting the Traditional Owners to discuss the impacts of this project on their human rights.

Traditional Owners have made their positions clear:

“My aim is to stop whoever is supporting Santos with all the funds. It is our right to protect the sea and the land.” – Paulina Jedda Puruntatameri, Tiwi Elder and Traditional Owner

As one of Australia’s biggest financial institutions, you have a responsibility to act in accordance with international human rights obligations, particularly ones the bank has committed to.

I look forward to your response on this matter.

Sincerely,

Your message to Westpac

Subject

Your message

Please feel free to personalise the message! Let Westpac know if you are a customer or shareholder.

Dear Westpac,

Recent decisions by the Federal Court of Australia and the offshore environmental regulator, the National Offshore Petroleum Safety and Environmental Management Authority (NOPSEMA) effectively allow Santos to proceed with its disastrous mega gas project, Barossa, off the coast of the Tiwi Islands.

A spokesperson for the Munupi clan of the Tiwi Islands has said "Munupi people don't want any fossil fuel activities off the coast line of the Tiwi islands”.

I also understand that your decision to refinance this loan is the subject of a human rights complaint from Larrakia and Traditional Owners.

It is appalling that Westpac chose to finance the Santos loan while Tiwi Islands Traditional Owners were challenging the Barossa project in the Federal Court of Australia.

Despite over a year of delays, Santos has made only minor revisions to its schedule for Barossa, expecting first gas to be delivered as early as the third quarter of 2025. Westpac only has a short window of opportunity to exit the current loan facility to Santos and not enable this destructive project.

I understand that you have even provided additional financial support to Santos since the human rights complaint, participating in the arrangement of a $1.3 billion bond in September 2023.

Traditional Owners have made their positions clear:

“My aim is to stop whoever is supporting Santos with all the funds. It is our right to protect the sea and the land.” – Paulina Jedda Puruntatameri, Tiwi Elder and Traditional Owner

As one of Australia’s biggest financial institutions, you have a responsibility to act in accordance with international human rights obligations, particularly ones the bank has committed to.

I look forward to your response on this matter.

Sincerely,

Yes, I want to hear more from Market Forces about this campaign

Hidden

TOOK ACTION: Barossa and the Big Four Banks – Jan 2024

Tiwi Islanders human rights complaints with Australia’s big four banks

With Barossa cleared to proceed by regulators, the heat is on the banks and financial institutions funding the project to take responsibility for First Nations human rights.

In April last year, Tiwi and Larrakia Traditional Owners filed human rights complaints alleging that the big four Australian banks – ANZ, Commonwealth Bank, NAB and Westpac – and a host of international financiers breached their human rights commitments by participating in a $1.5 billion loan related to Santos’ destructive Barossa gas project.

Appallingly, the banks loaned to Santos while Tiwi Islands Traditional Owners were challenging deeply flawed consultation processes for Barossa in the Federal Court, meaning they must have known of Traditional Owners’ opposition to the destructive gas project and decided to refinance the loan anyway.

Will you hold the banks to account?

First Nations Campaigners Antonia Burke, Miah Wright and Karra Kinchela observe the Tiwi coastline and Sea Country that will be affected by the impacts of Santos’ destructive, carbon-intensive Barossa Gas field.

Australia’s big four banks all have policies requiring them to act in line with international human rights standards.

These policies either include a direct commitment to the principle of ‘free, prior and informed consent’ (FPIC) or refer to the UN Declaration on the Rights of Indigenous Peoples, of which FPIC is a key principle.

Initially, CommBank, NAB, and Westpac all effectively dismissed the requests in Traditional Owner’s human rights grievances without any engagement. ANZ is still yet to formally respond.

In hopeful news ANZ, CommBank and Westpac CEOs have since all agreed to a dialogue with Traditional Owners on Tiwi country.

The appalling dismissal of the grievances led to Tiwi Islands Traditional Owners travelling thousands of kilometres at the end of last year to confront the boards of NAB and Westpac at their AGMs.

Their impassioned addresses to the board of Westpac drew a commitment from CEO, Peter King to visit Tiwi and discuss the human rights complaint. NAB did not make any commitments, and is now embarrassingly the only big four Australian bank yet to commit to a dialogue on country with the Tiwi Islanders.

Stand with Traditional Owners! Demand big banks live up to their human rights responsibilities by denying Santos finance.

Worryingly, Santos may now once again start looking for funding for its Darwin LNG project, which will process gas from Barossa.

Given they have funnelled billions to Santos since the signing of the Paris Agreement the big four Australian banks could firmly be in its sights for this funding.

Join Traditional Owners in calling on Australia’s big banks to stop supporting Santos and its Barossa gas project partners. Demand these banks pull out of the existing loan, and commit to not lend any more money for the Barossa project or the associated Darwin LNG project.