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Santos' court win 'doesn't signal an end' to Indigenous heritage lawsuits

The oil and gas producer's court win raises the evidentiary bar for cultural heritage cases, but doesn't signal an end to them.

Santos $5.8 billion Barossa Gas Project will proceed following this week's court decision. Reuters/Chris Helgren.

Santos' Federal Court victory this week against Tiwi Islanders and environmental activists attempting to block a key $5.8 billion project in the Northern Territory has been hailed by market analysts and energy executives as a big win for the resources sector.

Yet while the case has clearly raised the evidentiary bar for future claims by Indigenous groups against mining and energy giants - it won't spell an end to them.

That's the view of Gilbert + Tobin special counsel Lauren Shave, who specialises in disputes and Native Title law. Shave told Capital Brief in an interview that "this doesn't signal an end to any similar cases being brought in the future. It raises the bar but doesn't signal an end to this type of litigation."

Federal Court of Australia Judge Natalie Charlesworth dismissed the case on Tuesday, in which environmental group the Environmental Defenders Office, or EDO, had alleged "cultural features" linked to the pipeline's route would be damaged as a result of the project.