A traditional owner says one of Australia’s most ambitious solar energy projects is “bulldozing the rights of Aboriginal people” through its approach to native title consultation.
Green hydrogen company TotalEnergies H2 has filed an application to the Federal Court, seeking a determination that would extinguish any native title claims over the proposed facility near Darwin.
The application is part of the company’s plan to build its 2,500-hectare Wak Wak Solar Farm, which would be developed in stages on pastoral land at Koolpinyah Station.
If completed, it would be one of Australia’s largest solar projects and boast a peak generation capacity six times bigger than the current leader in Queensland.
The solar farm would generate up to 2.7 gigawatts of power.
It is the first stage of the company’s long-term goals, which include a green hydrogen production and export facility near Darwin.
The project is based on the traditional lands of the Wulna people in Humpty Doo, on the outskirts of the Northern Territory’s capital.
‘Trying to erase’ connection
In November, the company filed a native title non-claimant application in the Federal Court.
Larrakia and Wulna man Nigel Browne said he had never seen a similar application in his life as a lawyer and traditional owner in the NT.
Nigel Browne is also the CEO of Aboriginal Investment NT. (ABC News: Peter Garnish)
“This application that they’ve filed with the Federal Court is basically asking the court to declare that no native title exists over that parcel of land,” Mr Browne said.
“You don’t start negotiations and consultations by trying to erase the traditional owners’ connection to their traditional lands and waters.”
Mr Browne, a former crown prosecutor, said he had never seen a company “as big and as capable and as resourced as Total Energies” file that type of court application.
Company wants to negotiate
Total Energies H2 managing director Kam Ho said he recognised “the optics” were not positive, but said the legal action was procedural.
Mr Ho said the site had no listed native title claimant and the company could only engage through the Northern Land Council (NLC), rather than consult directly with Mr Browne and his group.
Kam Ho is the managing director of Total Energies H2. (ABC News)
An NLC spokesperson said the council would work with both parties to resolve the dispute without the use of a non-claimant application.
The spokesperson said a native title determination had not been made for the land.
Mr Ho said he hoped Total Energies H2 would be able negotiate a voluntary Indigenous land use agreement with traditional owners.
“In other projects we’ve been able to achieve that, and here we look to do the same,” he said.
Mr Ho said the company wanted to earn a “social licence” in the NT, as it planned to operate for many years.
Formerly trading under the name Total Eren, Total Energies H2 signed a memorandum of understanding with the NT government in 2022, and it was later granted major project status.
The project has been referred to the NT Environment Protection Authority for assessment and the plan has been published for public feedback.