The Albanese government has been accused of avoiding First Nations consultation on offshore gas plans. 

Senator David Pocock has voiced concerns about the federal government’s attempts to navigate around a judicial ruling that mandates increased consultation with First Nations peoples on offshore gas developments. 

Speaking at a Senate inquiry hearing, Pocock highlighted the shared anxieties of the Tiwi Islanders and Mardudhunera activist Raelene Cooper, who are pressing the Albanese administration to refrain from making legislative changes perceived to sideline Indigenous perspectives on gas projects.

In legislation primarily concerning worker safety, Resources Minister Madeleine King says she intends to safeguard existing approvals for offshore gas initiatives, making them immune to reassessment even if environmental regulations are tightened. 

This move has prompted the Environmental Defenders Office to flag the “real and imminent risk” of diminished consultation “if the minister has a broad power to amend legislation or regulations without adherence to national environmental standards”.

Tiwi Islands traditional owner and Malawu clan senior, Therese Bourke, has shared her trepidations about the potential for the law to enable King to “ignore the environment minister” and to “alter the laws we have strived so hard to have our human rights recognized and honoured”. 

Ms Bourke says legal victories so far only afford “a right to be told” about proposed projects, not “a right to say no”.

Pocock criticised the government's strategy of pre-emptively establishing a new process for approvals ahead of implementing enhanced environmental standards, contrary to the recommendations of the Samuel review. 

Dr Kirsty Howey, Executive Director of the Environment Centre NT, says that the bill essentially creates an exception, granting the minister almost unlimited discretion to modify consultation requirements in favour of promoting the offshore gas industry. 

But industry representatives including Samantha McCulloch from the Australian Energy Producers and Michelle La Point from Chevron Australia argue that the bill maintains “meaningful and comprehensive” consultation while offering much-needed “certainty” to the sector. 

Robert Jeremenko - head of the industry and resources department’s oil and gas division - says the bill is aimed at enhancing legal flexibility without compromising the streamlined process established since 2014.

The Greens have strongly opposed the bill, with leader Adam Bandt and First Nations spokesperson Dorinda Cox criticising it as a move to silence Indigenous voices opposing climate-impactful gas projects on their lands.