The Darwin Traditional Owners' Perspective: A Solar Farm's Controversial Approach to Consultation
A Battle for Recognition: The Darwin Traditional Owners' Story
In the heart of Australia's solar energy ambitions, a battle is brewing between a groundbreaking green hydrogen company and the traditional custodians of the land. The story revolves around TotalEnergies H2's Wak Wak Solar Farm project, which has sparked concern among the Darwin Traditional Owners, who feel their rights are being trampled upon.
The project, spanning 2,500 hectares on the traditional lands of the Wulna people in Humpty Doo, has ignited a debate about the appropriate approach to native title consultation. The company's application to the Federal Court to extinguish native title claims has left the traditional owners feeling 'bulldozed' and questioning the sincerity of the company's engagement.
A Controversial Application: Erasing Cultural Connections
Nigel Browne, a Larrakia and Wulna man and a seasoned lawyer, finds himself at the center of this controversy. He emphasizes the importance of recognizing the traditional owners' connection to their lands and waters, stating, 'You don't start negotiations and consultations by trying to erase the traditional owners' connection to their traditional lands and waters.'
The application filed by TotalEnergies H2 seeks to declare that no native title exists over the proposed facility, a move that Browne finds unprecedented in his experience as both a lawyer and a traditional owner in the Northern Territory. The company's approach has raised eyebrows, especially given its size and resources.
Company's Perspective: Negotiation and Engagement
TotalEnergies H2, led by managing director Kam Ho, acknowledges the legal action's impact on public perception. Ho clarifies that the application is a procedural step, citing the absence of a listed native title claimant and the necessity of engaging through the Northern Land Council (NLC).
However, the traditional owners argue that direct consultation with the NLC is insufficient. They believe that the company should have engaged directly with them, recognizing their inherent connection to the land. The NLC, through a spokesperson, has offered to mediate, but the traditional owners remain steadfast in their demand for direct consultation.
A Complex Web of Negotiations
The project's progress has been a complex journey. TotalEnergies H2, formerly known as Total Eren, signed a memorandum of understanding with the Northern Territory government in 2022, securing major project status. The plan has been published for public feedback, and the project has been referred to the NT Environment Protection Authority for assessment.
Kam Ho expresses the company's desire to negotiate a voluntary Indigenous land use agreement, citing successful examples from other projects. However, the traditional owners remain cautious, emphasizing the need for genuine engagement and recognition of their rights.
A Call for Dialogue and Understanding
As the debate continues, the Darwin Traditional Owners' perspective highlights the importance of meaningful consultation in indigenous land use. The controversy invites a broader discussion on the balance between ambitious development projects and the preservation of indigenous rights. It prompts the question: How can companies navigate the complexities of native title claims while respecting the cultural significance of the land?
