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Sacred Sites Triumph: Water Licence Overturned
5 Aug
Summary
- Native title holders won a High Court appeal to quash a large groundwater licence.
- The licence would have allowed 40 gigalitres of water extraction annually for 30 years.
- The court ruled the minister did not consider special circumstances for the extended licence.
Native title holders have achieved a significant legal victory, with the High Court quashing the Northern Territory's largest-ever groundwater licence. This ruling overturned a 30-year grant awarded to Fortune Agribusiness, which would have allowed the extraction of 40 gigalitres of water annually.
The Mpwerempwer Aboriginal Corporation had challenged the NT government's decision, arguing the massive water allocation threatened sacred sites and the delicate desert environment. Despite previous court failures, the High Court found that the relevant minister did not address special circumstances required for such a long-term licence.
The court emphasized that the decision-making process contravened limitations, and the Aboriginal corporation should have been given notice and an opportunity to be heard. The licence application will now be referred back, requiring consideration of environmental approvals and cultural impacts.
