Satisfying First Nations stakeholder consultation requirements under Australia’s offshore resources legislation
Julius (Clint) Kernan A *A
Julius (Clint) Kernan is a Managarrarben man, an Aboriginal Traditional Owner from Maningrida in Central Arnhem Land in the Northern Territory. Clint is the Chairperson of Top End Aboriginal Coastal Alliance Incorporated. Clint is passionate about advancing and advocating for the interests of traditional owners in his region and across the Northern Territory. This is evidenced by his active involvement in many organisations across the Northern Territory including as an Executive Member of the Northern Land Council, Director of the Top End (Default PBC/CLA) Aboriginal Corporation RNTBC, Director of Bawinanga Aboriginal Corporation, Director of Nja Marleya Cultural Leaders and Justice Group, Chair of the Arnhem Land Aboriginal Business Council – Arnhem Land Progress Association, a Board Member of the Aboriginal Sea Company, a Board Member of the Aboriginal Housing NT (AHNT) Aboriginal Corporation, a Member of the NLC Water Committee and Coordinator of the Maningrida Community Safety Patrol. |
Abstract
The Tipakalippa case (Santos NA Barossa Pty Ltd v Tipakalippa [2022] FCAFC 193) highlighted the importance of proper consultation with First Nations people and made it clear that consultation represents both a significant obligation and a meaningful right. The Top End Aboriginal Coastal Alliance Incorporated (TEACA) is an independent First Nations operated and controlled organisation with 100% First Nations membership which was purposefully established to represent First Nations persons of the top end of the Northern Territory (Top End). TEACA’s central focus has been to facilitate and assist First Nations to engage with the offshore resources industry. TEACA has played a vital role in connecting with other First Nations persons, groups, and communities to identify relevant First Nations persons for coastal and sea country areas for which consultation is required under Australia’s offshore petroleum and greenhouse gas storage legislation. To date, with TEACA’s support, 12 First Nations Consultative Committees (FNCCs) have been established across the Top End, extending from the Victoria River in the West to Arnhem Bay in the East and over 30 consultations have occurred between offshore industry proponents and FNCCs. TEACA’s work ensures that ‘relevant persons’ (as defined under legislation) are properly consulted to provide important input to Environment Plans and project development. TEACA’s consultation process meets the standards espoused by the Full Court and complies with NOPSEMA’s Guidelines. Prior to TEACA, no other organisations, or bodies have undertaken this work despite substantial offshore activity having occurred off the Top End coast (within Commonwealth waters) since 1965.
Keywords: consultation, consultative committees, first nations, FNCCs, land rights, native title, relevant persons, sea country, sea rights, stakeholder engagement, top end, UNDRIP.
Julius (Clint) Kernan is a Managarrarben man, an Aboriginal Traditional Owner from Maningrida in Central Arnhem Land in the Northern Territory. Clint is the Chairperson of Top End Aboriginal Coastal Alliance Incorporated. Clint is passionate about advancing and advocating for the interests of traditional owners in his region and across the Northern Territory. This is evidenced by his active involvement in many organisations across the Northern Territory including as an Executive Member of the Northern Land Council, Director of the Top End (Default PBC/CLA) Aboriginal Corporation RNTBC, Director of Bawinanga Aboriginal Corporation, Director of Nja Marleya Cultural Leaders and Justice Group, Chair of the Arnhem Land Aboriginal Business Council – Arnhem Land Progress Association, a Board Member of the Aboriginal Sea Company, a Board Member of the Aboriginal Housing NT (AHNT) Aboriginal Corporation, a Member of the NLC Water Committee and Coordinator of the Maningrida Community Safety Patrol. |
