Response from the Sea Country Alliance to the National Assessment Guidelines for Offshore Carbon Capture and Sequestration under the Environment Protection (Sea Dumping) Act 1981 (Cth)

This submission responds to the review of the National Assessment Guidelines for Offshore Carbon Capture and Sequestration under the Environment Protection (Sea Dumping) Act 1981 (Cth). The SCA argues that the Guidelines, developed through a scientific literature review, fail to adequately incorporate Traditional Owner rights and interests in the offshore environment.

The submission examines the nature of Traditional Owners’ offshore rights (including commercial rights recognised in cases such as Commonwealth v Yarmirr and Akiba v Commonwealth), the collective nature of these rights and the role of Traditional Owner Representative Institutions (TORI), the requirements of Free, Prior and Informed Consent (FPIC), and the interaction with the Native Title Act 1993, the Aboriginal and Torres Strait Islander Heritage Protection Act 1984, the EPBC Act and the ANZ water quality guidelines. It recommends that any permit process under the Guidelines require consultation and FPIC with the relevant Traditional Owner Representative Institution.