The groups argue the project will contribute to climate change and sea level rise, which will have a negative impact on their human rights to practise cultural activities.
"Refusing the witnesses' request to give evidence in this way does not respect their cultural identity or accommodate their beliefs," Judge Kingham said. "Whereas if they're giving evidence on country, they're more likely to be relaxed and comfortable … and able to express themselves meaningfully. First Nations communities on the Queensland coast and in the Torres Strait say they'll bear the brunt of climate change.
The University of Queensland's Professor Fulcher said while the ruling was the first of its kind, it was unlikely to be the last. "Native Title has been doing this for a long time, and now the Land Court has said it's a reasonable proposition that evidence be heard on country."