Key facts
- Court
- High Court of Australia
- Appellant
- Mpwerempwer Aboriginal Corporation
- Respondent
- Northern Territory government
- Water licence holder
- Fortune Agribusiness
- Location
- Singleton Station, north of Alice Springs
- Licence volume
- 40 gigalitres per year for 30 years
Background
The Mpwerempwer Aboriginal Corporation challenged a water licence granted by the Northern Territory government to Fortune Agribusiness. The licence allowed the company to extract 40 gigalitres of groundwater annually for 30 years at Singleton Station, north of Alice Springs, for fruit and vegetable cultivation.
Traditional Owners argued the project threatened sacred sites, cultural survival, and a fragile desert water system. Their argument failed in the NT Supreme Court and the territory's Court of Appeal.
The NT government maintained that the courts had correctly identified that the law did not impose an obligation on a government minister to consider the impact on Aboriginal cultural values.
Current situation
On Wednesday, the High Court ordered the water licence to be quashed, referring the application back to NT decision makers, who will have to consider environmental approvals.
The court ruled that the relevant NT minister did not address special circumstances to justify the water licence for an extended period of 30 years. It also ruled that the minister did not form a 'state of satisfaction' that such special circumstances existed.
The decision 'contravened express and implied limitations on the decision-making authority conferred on the delegate minister,' the court ruled. The making of the decision should have included the Aboriginal corporation being given notice of proposed conditions and an opportunity to be heard in a written submission, but it was given 'no such notice and no such opportunity.'
| Court | Outcome |
|---|---|
| NT Supreme Court | Licence upheld |
| NT Court of Appeal | Licence upheld |
| High Court | Licence quashed |
Impacts
The ruling affects the Mpwerempwer Aboriginal Corporation, which argued the water licence risked permanently damaging an ancient aquifer, at least 40 groundwater-dependent sacred sites, and community water supplies.
Fortune Agribusiness's planned fruit and vegetable cultivation at Singleton Station is now uncertain, as the licence has been quashed and the application must be reconsidered.
The decision may set a precedent for how NT ministers handle water licences, particularly regarding consultation with native title holders and consideration of cultural and environmental impacts.
Future outlook
Scenario analysis: The possibilities below are not certain predictions.
If NT decision makers now consider environmental approvals and special circumstances, they may impose conditions or reject the licence, potentially protecting the aquifer and sacred sites.
If the application is re-approved with conditions, Fortune Agribusiness could proceed with reduced extraction or additional safeguards, but the timeline remains unclear.
The High Court's ruling could influence future water licence decisions in the NT, but its broader legal implications may depend on how the government responds and whether further appeals occur.
Source: hardenexpress.com.au
