TotalEnergies H2 drops court bid over native title as Wulna Traditional Owners push for reset in solar farm talks

Renewable energy developer TotalEnergies H2 has withdrawn a Federal Court application that sought a ruling no native title exists over the proposed site of its Wak Wak Solar Farm near Humpty Doo, in a decision welcomed by Wulna Traditional Owners who say it “resets the clock” on consultation.

The project, proposed across a 2,500-hectare site on Darwin’s outskirts, has been pitched as a major renewable energy development with capacity to generate electricity for industry and (ultimately) support hydrogen production at a separate proposed facility in Darwin’s Middle Arm precinct.

But the company’s decision to seek a “non-claimant” ruling drew criticism from Traditional Owners, who argued the approach risked sidelining family groups and undermining cultural connection to Country. ABC News reported the application triggered strong objections from Wulna Traditional Owners, who said the consultation approach could “erase” their connection to traditional lands.

TotalEnergies H2 said it withdrew the application on 12 February after making progress with the Northern Land Council (NLC) to confirm the relevant native title party. Managing director Kam Ho said the withdrawal reflected “good progress” and that the company acknowledges “the significance of country and the importance of working respectfully with Aboriginal people”, adding it is working with the NLC to finalise an Indigenous land use agreement.

The Northern Land Council confirmed it would work with both parties “to reach an agreement”, while Wulna and Larrakia man Nigel Browne said the company’s change of course was “very welcomed” by his family. “It’s good to see that common sense has prevailed and that there is at least an indication now that the proponent will be speaking with our family groups” Browne said. He also stressed that the protection of Country is the first priority and that any future agreement should deliver “tangible outcomes” for family members.

The dispute highlights a recurring tension in the clean energy transition: large developments may promise regional investment and decarbonisation benefits but projects on or near Aboriginal lands depend on clear, respectful and culturally authorised processes. Traditional Owners say consultation must be meaningful, not procedural, and agreements must reflect both protection of Country and fair benefit-sharing.

With the court bid withdrawn, attention now turns to whether negotiations through the NLC can rebuild trust and secure an agreement that protects cultural obligations while clarifying what development, if any, proceeds on Wulna Country.