‘All options on the table’ for NTG as court rules them responsible for safe drinking water
Residents of a remote community have been vindicated with a court’s decision, ruling the government is responsible for their water – but the government’s hinted the fight might not be over.
Northern Territory
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A community that challenged the Northern Territory Government over unsafe levels of uranium in drinking water have been vindicated in court, but the government says “all options” are on the table as the clock ticks down on an appeal.
On December 24, the Territory Court of Appeal gave Laramba residents an early Christmas present when it delivered its ruling on an appeal filed by the Territory government.
The Tribunal sided with a Supreme Court ruling made in 2023, which found the Territory government – as the landlord – had a responsibility to provide remote community residents with clean drinking water.
Australian Lawyers for Remote Aboriginal Rights solicitor Dan Kelly, who represented the residents of Laramba, said the case planted the seeds for remote communities Australia-wide to seek compensation for inadequate service provision around water.
“This case is not just a win for the Laramba community, but also for the legal rights of all remote Aboriginal communities and renters across the Northern Territory,” he said.
“The decision establishes that NT Housing has an obligation to provide safe drinking water to its tenants. Remote tenants will now be able to demand their water quality be improved if it does not meet basic safety standards.”
Previously, the Northern Territory Civil and Administrative Tribunal ruled the government was not required to supply running water to premises it leased, which was overturned on appeal by Laramba residents in the Supreme Court.
The Territory government took the matter back to the Court of Appeal, where it was heard in Darwin on November 29, before the decision was published on Christmas Eve.
The latest decision is part of a long running legal stoush which began in 2019 between Laramba residents and the Department of Housing over uranium found in drinking water in the town.
Previously, it was reported uranium content in water in Laramba was 0.055 milligrams per litre – nearly three times higher than the 0.02 milligrams per litre recommended by the Australian Drinking Water Guideline.
In 2023, the government built a new water treatment plant in the town, 205km west of Alice Springs.
The Court of Appeal decision was delivered by Judges Sonia Brownhill, Judith Kelly, and Meredith Day Huntingford.
The NT government has 28 days to appeal the decision in the high court, with “all options” being considered, according to Minister for Housing, Local Government and Community Development Steve Edgington.
“These proceedings relate to water quality on or before 2019 and it would be inappropriate to comment on the implications of this decision as the matter will now be before the Northern Territory Civil and Administrative Tribunal,” he said.
“We are committed to ensuring public housing tenants have a safe and habitable home and will continue to address and fix the legacy issues from the previous Labor government.”
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