Water rights

Water is central to culture, wellbeing, Country and economic opportunity. The NNTC advocates for recognition of Traditional Owners’ rights to inland waters and for water laws, targets and policies that reflect the connection between land, water, culture and self-determination.

Importance of First Nations Water Rights

Water is an essential for all life. For Aboriginal and Torres Strait Islander people it holds profound cultural, spiritual and physical significance. Water sustains wellbeing, connection and obligation to Country.

First Nations water rights include inherent cultural rights over waters, some of which are recognised under international and Australian law. Water rights can also be enacted through western systems of water ownership and use, like water licences.

The Current Situation

Before colonisation, Aboriginal and Torres Strait Islander peoples owned and managed all water across the continent. Now, less than 0.2% of Australia’s inland waters are legally in First Nations hands. Significant work must be done to return water to First Nations communities.

National Agreement on Closing the Gap

In 2020, the Coalition of Peaks and all Australian governments signed the National Agreement on Closing the Gap, The National Agreement included targets to increase Aboriginal and Torres Strait Islander land and sea rights.

The National Agreement also committed to establishing a national inland waters target by 2021.

For the purpose of the target, inland waters are defined as:

Water that is inland from the coastal zone, is not ‘sea water’, and is located above the tidal limit and within land boundaries.

Progress and challenges

From 2020-2024, progress towards a target was slow and the commitment to introduce a target by 2021 was not met. Each state and territory had very different water regimes and ways of recording water interests, which meant it was not straightforward to develop a national baseline or national target.

In 2024, the Joint Council on Closing the Gap agreed to establish separate targets for each state and territory. These targets are due to be negotiated by the end of 2026 in partnership with state-based Peak bodies and Traditional Owner organisations.

Cultural flows

Any increase in Aboriginal and Torres Strait Islander water entitlements should be consistent with the definition of cultural flows set out in the Echuca Declaration which states:

“Cultural Flows” are water entitlements that are legally and beneficially owned by the Indigenous Nations of a sufficient and adequate quantity and quality to improve the spiritual, cultural, environmental, social and economic conditions of those Indigenous Nations. This is our inherent right.

This means a water reserve which is not “legally and beneficially owned” by a Traditional Owner group will not meet the definition. Nor will a licence purely for cultural or economic purposes rather than the full set of conditions set out in the Echuca Declaration.

The NNTC’s Role

The NNTC’s primary role in the inland waters target negotiations is as co-chair of the Inland Waters Target Working Group.

This working group oversees how each state and territory government is working with Aboriginal and Torres Strait Islander Peaks and Traditional Owner organisations in their jurisdiction to negotiate a target and enabling reforms. The NNTC also supports members to participate in negotiations through access to resources, expertise and information.

Beyond the inland waters target, the NNTC advocates more broadly recognition and enforcement of Traditional Owners’ rights over both their lands and their waters.

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Aerial view of Wooloweyah Lagoon meeting the sea at Yamba on Bundjalung Country

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