Native title holders say they are insulted by the NT government's decision to approve a plan to drill nine new gas wells in the Beetaloo Basin before they've decided whether to support the project.
Lands, Planning and Environment Minister Joshua Burgoyne signed off on Empire Energy's Environment Management Plan (EMP) last week, which would see the new wells drilled along with a raft of infrastructure to support gas production for export.
In his statement of reasons for the approval, Mr Burgoyne said he was "satisfied" with the gas company's engagement with stakeholders, which included 15 formal and informal consultation sessions.
Empire Energy has previously signed a memorandum of understanding with the government-owned utilities company Power and Water Corporation relating to potential gas supply from the Beetaloo Basin.
Wuyaliya man Asman Rory was also critical of the Northern Land Council, saying it “shouldn’t be letting this happen". (Supplied: Empire Energy)
But Wuyaliya cultural lawman Asman Rory said local families had not yet had a chance to discuss the project in detail.
"Families have not decided whether to say yes or no to Empire's latest plans to frack and sell gas from our country," he said.
"It is insulting that people are making decisions on behalf of us — we have not given our consent."
In April, the Nurrdalindji Native Title Aboriginal Corporation (NNTAC) wrote a submission to the Environment Protection Authority on behalf of traditional owners raising concerns about the project's impacts on the environment, cultural heritage and water.
The submission raised concerns the project presented risks of contamination, would contribute to climate change and could deplete the Cambrian Limestone Aquifer, which the NNTAC said was critical to culture and nature in the region.
Its chairman, Djingili elder Samuel Sandy, said he believed Empire Energy was trying to push ahead with the project without native title holders' consent.
He said that was demonstrated by Empire Energy having previously breached its environmental obligations by failing to notify the government's heritage department that archaeological surveys had uncovered ancient stone tools at the site.
"These projects are dangerous and cannot be trusted," he said.
The NNTAC is urging federal Environment Minister Tanya Plibersek to pull the so-called "water trigger", a legislative provision requiring projects with potential significant risks to water resources to be assessed under federal environmental law.
Empire Energy will still need to gain approval from traditional owners before selling the gas from the new wells. (Supplied: Empire Energy)
Mr Rory said the Northern Land Council (NLC), which advocates for traditional owners in negotiations over mining and resources developments, "shouldn't be letting this happen."
But interim chief executive Jessie Shaecken said while the NLC had facilitated discussions between traditional owners and Empire Energy, that consultation was "inadequate" and the NT government had "ignored" the land council's advice.
"Under NT law, Empire Energy has a clear obligation to consult with traditional owners before submitting an EMP for approval," she said in a statement.
"The NT government ignored the NLC's letters, advice and recommendations and went ahead and approved the EMP in full knowledge that traditional owners had not been adequately or effectively consulted."
On Friday, Mr Burgoyne said Empire Energy "undertook stakeholder engagement before lodging the EMP with the department" and "issues raised during the consultation period have been adequately addressed".
"The CLP government is committed to a robust assessment process of EMPs that reflects the nature, scale and environmental risks, and meets statutory decision time frames," he said.
"The interest holder also met and corresponded with stakeholders after the EMP was lodged and has provided details of this engagement."
Empire Energy chief executive Alex Underwood said the company had held more than 30 on-country meetings with traditional owners in the past 10 years.
"The last meeting in August covered the full detail of the pilot project and proposed sale of gas," he said.
"We are keen to hold another on-country meeting as soon as possible."
Mr Underwood said the NNTAC had "no jurisdictional authority over the land on which Empire is operating" and the project would not negatively impact on the land or cultural heritage.
"Any breaches of conditions have been reported. None have resulted in environmental harm," he said.
In an update to investors last week, the company said it would still need to gain approval from traditional owners under the NT Petroleum Act before selling the gas, describing those negotiations as "well advanced".
Ms Shaecken said the NLC would continue to facilitate negotiations with traditional owners over the sale of gas from the project when the wet season ends next year.