Why Are Cultural Rights over Sea Country Less Recognised than Terrestrial Ones?

This article identifies the nature of Traditional Owners’ interests in Sea Country and addresses issues associated with all offshore energy projects—gas and wind. Exploring the impacts of offshore development on First Nations’ cultural heritage, the article proposes integration of free, prior and informed consent (FPIC) and the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), into the regulatory and legislative offshore environment. In the Australian context, this particularly regards administrative and regulatory reforms to overcome uncertainty arising from recent decisions in the Federal Court. The international focus on new energy has fast-tracked many processes that sideline First Nations’ rights, hitherto understood within the onshore minerals extraction regimes. The reforms proposed in this article recognise an international commitment to enact the principles contained in the UNDRIP and other relevant international law.