Arid Lands Environment Centre, Mpwerewpwer challenge Singleton Station water licence

The Environment Minister has been dragged into a legal battle over the granting of the Territory’s largest ever water extraction licence.

THE Environment Minister has been dragged into a legal battle over the granting of the Territory’s largest ever water extraction licence.

The Arid Lands Environment Centre (ALEC) and the Mpwerewpwer Aboriginal Corporation have launched a challenge to the 40,000 megalitres water licence regranted to Fortune Agribusiness for their Singleton Station, near Ali Curung 400km north of Alice Springs.

The licence was regranted to the farming company in 2021, making it the largest single water licence ever issued in the NT.

On Thursday the two groups’ challenge to Environment Minister Eva Lawler’s decision reached the Supreme Court for the first time as part of the directions hearing.

ALEC and the Mpwerewpwer Aboriginal Corporation are looking to overturn the government decision, claiming the licence could impact the community’s water security, damage sacred sites and the environment.

ALEC said hydrological modelling indicated the Singleton Station development could lower parts of the groundwater table by 50 metres over 30 years, posing huge risks to water-dependent ecosystems.

Singleton station 120kms from Tennant Creek. Picture: Supplied

The group said documents released under Freedom of Information laws showed the government developed new guidelines to circumvent the rules in the water allocation plan.

ALEC General Manager Jade Kudrenko said the Territory was giving away water for free to developers “like it’s infinite”.

“The Government has gifted massive amounts of water to a private company to develop one of Australia’s largest fruit and vegetable farms in the arid zone with crops for export,” Ms Kudrenko said.

“The Government is proving they will pursue an agenda of large-scale irrigated agriculture, whether or not this can be done sustainably and without damaging our precious water.”

“Our communities and the environment will bear devastating costs if they don’t slow down.”

A spokeswoman from Environment Minister Eva Lawler’s office ruled out a perceived conflict over the Water Controller’s decision, with the independent review panel applying additional conditions on the reissued substituted licence.

She said the additional conditions included detailed assessment of drilling and aquifer testing, cultural values and water impact assessments.

She said the Western Davenport Water Allocation Plan was developed using rigorous modelling and data in consultation with Traditional Owners, local community stakeholders, industry groups and local and Territory government stakeholders.

“This matter is subject to legal dispute and therefore we cannot comment any further at this time,” she said.

Environmental Defenders Office managing lawyer Emma Carmody said the licences would not have been granted if the Water Act was correctly applied and the government adhered to the existing Water Allocation Plan.

“This is an enormous and incredibly unsustainable development that should have no place in the arid zone,” Ms Carmody said.

Historic day! Arid Lands Environment Centre Inc. v Minister for Environment and Fortune Agribusiness Funds Management Pty Ltd (2022-00087-SC) had its ‘First Mention’ in the Northern Territory Supreme Court today. Photo of Jade + Alex with ALEC’s 444 page affidavit. Thanks @EDO! pic.twitter.com/BVGuIvKZ0i

— AridLandsEC (@AridLandsEC) March 10, 2022

“This approval process has raised serious questions about government’s commitment to proper environmental assessment, sustainable water management and the rule of law.”

The two separate claims were initially made, but proceedings will now be tried together.

The court heard Mpwerewpwer and ALEC were requesting all information that the Minister had before her before making the decision.

ALEC barrister John Lawrence said his clients had tried to gain the access through a freedom of information request last year, but the Department of Environment did not respond directly.

Mr Lawrence said some of the materials were still redacted.

Mpwerewpwer lawyer Chris Young said there were documents to be disclosed that went beyond those already disclosed to his client over Ms Lawler’s decision to grant the licence.

“We understand there are more documents that we have not yet seen, that were before the Minister when she made her decision, and that are relevant to the decision,” Mr Young said.

The court heard the outstanding requested documents would be provided by way of affidavit by April 7.

The hearing will resume on April 14.