NT Singleton Station faces fresh legal challenge in Mpwerempwer Aboriginal Corporation appeal

Australia’s biggest water extraction plan to pump billions of litres of water into a desert fruit farm is facing fresh scrutiny.

The Mpwerempwer Aboriginal Corporation has taken Kate Worden to the Alice Springs Supreme Court. Ms Worden was acting as a representative of Environment Minister Eva Lawler, when she re-approved the Fortune Agribusiness Singleton Station water licence in November 2021.

Australia’s biggest water extraction plan to pump billions of litres into a fruit farm in the middle of the Central Australian desert is facing a fresh legal challenge.

Fortune Agribusiness’ proposal to create a horticultural oasis at Singleton Station has faced a two-day Court of Appeal challenge in Darwin.

Native Title-holders Mpwerempwer Aboriginal Corporation appeared before the full bench of the Supreme Court contesting the November 2021 approval of a 40,000 mega litre per year water licence.

Fortune Agribusiness said the proposed 3500ha Singleton Station project would create a nationally significant food bowl using “intensive irrigated horticultural” methods, 130km south of Tennant Creek.

It is envisioned the farm would be able to grow mandarins, grapes, onions, avocados, muskmelons and jujube (red dates) in the arid lands near Ali Curung.

Singleton station 120kms from Tennant Creek SUPPLIED

It has been estimated that over the life of the licence, the equivalent of two Sydney Harbour’s worth of water will be used.

MAC has alleged the 40 billion litres of water per year agricultural water licence will come at the cost of the community’s own water security by depleting drinking water access points, while damaging sacred sites and the environment.

Clashes over the licence have been ongoing for years, with Supreme Court Justice Peter Barr ruling in January the approving minister had not erred in approving the licence.

Despite the Water Resources Review Panel raising concerns with the licence a month before it was approved, the Supreme Court heard an amended licence was regranted after just five days’ consideration by then-minister Kate Worden.

Fortune Agribusiness previously told the court this was not unreasonable, as the previous plan had already been under review for five-years.

Trial grapes growing at Singleton Station 2022

Justice Barr’s 143-page Judgement found there was “no requirement” a water extraction licence accord with the region’s water allocation plan, the Western Davenport Water Control District.

He also found Ms Worden had adopted a recommendation “that a comprehensive cultural values impact assessment be undertaken prior to the extraction of significant volumes of water under the licence”.

However, over the two-day appeal hearing, MAC alleged the January ruling misconstrued the Water Act in finding the minister did not have to justify the 10-year lifespan of the water licence, and it was an error to treat Aboriginal cultural values as “not a mandatory relevant consideration”.

MAC has also alleged it was an error to find there was no requirement a water licence must not conflict with the wider water allocation plan.

Finally it was argued the primary judge failed to consider whether MAC was offered procedural fairness by the minister in relation to the cultural impact assessment.

Before the Court of Appeal, the NT Government’s representative maintained the approving minister had adequate material to properly consider the availability of water in the area, and its impact on the ecosystem.

Fortune Agribusiness and Ms Worden did not wish to comment on the ongoing court case.

The NT Court of Appeals reserved its decision for a later date.