High Court native title win

The National Native Title Council welcomes today’s decision in favour of Mpwerempwer Aboriginal Corporation RNTBC.

It quashes the grant of a proposed 30-year groundwater extraction licence for Singleton Station in the Northern Territory.

“This decision sends a clear message that governments cannot make major decisions about water on Country without having native title holders at the table,” said Jamie Lowe, CEO of the National Native Title Council.  

“The High Court native title win marks a huge victory for native title holders. They have fought for years to protect water, culture and Country. This protects water, culture and Country from one of the largest groundwater licences sought by a single organisation in Australia”.

“The licence would have allowed Fortune Agribusiness Funds Management Pty Ltd to extract 40 billion litres of groundwater each year. Additionally, this would occur for 30 years to support intensive irrigated horticulture on Singleton Station, south of Tennant Creek.

That’s the equivalent of 16,000 Olympic swimming pools every year”.

The High Court found that the Northern Territory Minister had not properly identified circumstances to justify the length of the 30-year licence, and that Mpwerempwer Aboriginal Corporation RNTBC had been denied procedural fairness in relation to a licence condition concerning Aboriginal cultural values. 

This High Court decision follows the recent decision of the Federal Court in Yindjibarndi Ngurra Aboriginal Corporation RNTBC v State of Western Australia, where compensation was awarded for the spiritual group harm experienced by Yindjibarndi people arising from the damage to the flow of groundwater into creeks on their Country. 

“For Aboriginal and Torres Strait Islander people, water holds profound cultural, spiritual and physical significance. Water sustains well-being, connection and obligation to Country. Decisions of this scale must be made with Traditional Owners from the outset. Hence, a High Court native title win shows the Court must listen to Traditional Owners on water licences and compensation”.

The recent Australian Law Reform Commission report, Fulfilling the Promise of Mabo: Reforming the Future Acts Regime in the Native Title Act 1993 (Cth), recommends reforms to build a fairer and more efficient future acts regime.  

“The Australian Law Reform Commission recommends a process for Traditional Owners to be involved in negotiating for the use of water licences, which is still yet to occur at Singleton Station. Changing the Native Title Act to give native title holders a right to engage with government at the outset would have avoided this whole court case. 

“The NNTC calls on the Federal Government to act to ensure native title holders are involved early in all decisions about the use of land and waters,” said Jamie Lowe.  

Media Contact: 

E: jessica.kendall@nntc.com.au or M: 0414 679 857