Imagine feeling completely overshadowed in a vital conversation about your own ancestral lands. That’s the reality for many traditional owners near Darwin, who are voicing their deep concerns over the aggressive approach being taken by a solar energy company regarding its consultation process. One of these traditional owners argues that the methods employed by TotalEnergies H2—an ambitious player in the renewable energy sector—are effectively "bulldozing the rights of Aboriginal people," as they navigate the complex landscape of native title consultations.
In a significant move, TotalEnergies H2 has approached the Federal Court with a request aimed at determining that there are no native title claims applicable to the area where the company intends to establish a massive solar facility. This initiative is part of their extensive plan to construct the Wak Wak Solar Farm, which will span an impressive 2,500 hectares at Koolpinyah Station. If this project comes to fruition, it would not only rank among Australia’s largest solar installations but also achieve a peak generation capacity that surpasses the current leader in Queensland by sixfold, generating up to 2.7 gigawatts of electricity.
This ambitious endeavor represents just the first phase of TotalEnergies’ broader vision, which also includes plans for establishing a green hydrogen production and export facility nearby. It’s essential to note that this project sits on the traditional territory of the Wulna people, located in Humpty Doo, close to the capital of the Northern Territory.
A Closer Look at the Concerns
In November, the company initiated a non-claimant application regarding native title in the Federal Court. Nigel Browne, a man from the Larrakia and Wulna communities, expressed his astonishment, stating that he had never encountered such an application during his extensive career as both a lawyer and a traditional owner in the Northern Territory. He explained, "This application seeks a court declaration that no native title exists for that particular land. You don’t initiate negotiations by attempting to erase the connection that traditional owners have with their ancestral lands and waters."
With a background as a former crown prosecutor, Mr. Browne emphasized the unprecedented nature of this legal maneuver by a company as formidable and well-resourced as TotalEnergies.
An Effort to Engage
Conversely, Kam Ho, the managing director of TotalEnergies H2, acknowledged that the public perception surrounding their legal actions might not be favorable, yet he insisted that the court proceedings were merely procedural. He pointed out that since there was no established native title claimant for the site, the company’s engagement had to go through the Northern Land Council (NLC) rather than directly involving Mr. Browne and his community.
A spokesperson for the NLC confirmed their intention to mediate between the involved parties to resolve the issue without resorting to a non-claimant application. They highlighted that a native title determination for the land in question had not yet been established.
Mr. Ho expressed his hope that TotalEnergies H2 could reach a voluntary Indigenous land use agreement with the traditional owners, stating, "In previous projects, we successfully achieved similar agreements, and we aim to do the same here." He emphasized the company’s desire to build a "social license" to operate within the Northern Territory, as they plan for long-term operations in the region.
Previously known as Total Eren, TotalEnergies H2 entered into a memorandum of understanding with the Northern Territory government in 2022 and subsequently received major project status. The initiative is currently under assessment by the NT Environment Protection Authority, and their proposed plan has been made available for public comment.
