Case Study: Munkara v Santos NA Barossa Pty Ltd. (No.3)

The decision of Munkara v Santos NA Barossa Pty Ltd. (No.3) sets clearer standards on the evidentiary burden to establish risks to tangible and intangible cultural heritage posed by a project. Working with Traditional Owner witnesses can often be complex and require a firm understanding of the cultural methods underpinning Traditional Owner information sharing, particularly when it concerns cultural heritage and where individual Traditional Owners may have divergent views. The decision highlights the responsibility of practitioners to engage with Traditional Owner witnesses in a way that complies with traditional process and upholds the integrity of lay and expert evidence.  

The article is available here.