Our client Murray Lower Darling Rivers Indigenous Nations (MLDRIN), a confederation of First Nations from the Murray-Darling Basin, has won a Federal Court challenge.
The court ruled former Water Minister Plibersek’s decision to accredit the NSW Fractured Rock Water Resource Plan invalid because the Minister did not have the plan before her when she approved it in 2022. The Court agreed this was not lawful.
MLDRIN’s case argued that First Nations were not properly consulted before the plan was accredited. ️In the end, the Court did not need to decide whether the applicable consultation requirements had been met. That issue remains unresolved.
The Court has sent the Water Resource Plan (WRP) back to the current Water Minister, Minister Watt, to decide whether it should be accredited.
Brendan Kennedy, Chair of MLDRIN welcomed the decision to overturn the accreditation of the WRP but said the judgment highlighted the need for water law reform to better protect First Nations rights and interests. Brendan Kennedy said:
“There needs to be immediate reform to enshrine First Nations’ rights in decision making.”
Grant Rigney, Deputy Chair of MLDRIN said:
“MLDRIN maintains that the WRP is not consistent with the Basin Plan requirements and that Minister Watt should not accredit the WRP in its current form.”
EDO congratulates MLDRIN for its extensive work over many years to amplify First Nations voices and interests in the Basin. We’re proud to have represented MLDRIN to take this brave step to litigate.
