They are also extinguished by the granting of other commercial water licences. Native title rights cover access to and use of water but do not provide water rights or use of water for commercial purposes. The case is happening against the backdrop of a national push to provide greater recognition of cultural water rights and strengthen water use rights under native title laws. The government should not give away our water.” At the moment we need more knowledge and more science, more understanding of our aquifers and more respect for Aboriginal people. “We’re saying nothing should happen until the new plan is in place,” he said. Turner said the government lacked sufficient data about the aquifers to make such a significant water allocation, and that requirements under the revised licence issued to Fortune Agribusiness – that they carry out further investigations about the water resources at the site and complete an assessment of the impact of the groundwater extraction on “identified groundwater dependent cultural values” – was not sufficient.
The CLC has called on the NT government to halt all water licence allocations until the proposed review of the regional water allocation plan has been completed. “The water licence decision is unconscionable considering the impacts of climate change on highly vulnerable desert communities.” “This uncertainty means that what Fortune Agribusiness is eventually allowed to do might be very different from what it proposed in its licence application,” Turner said. The CLC chief executive, Les Turner, said they would argue that Worden’s decision was “not even a proper decision because she left so many significant matters to be decided later”. It is calling for the licence to be quashed. The Central Land Council (CLC) on Wednesday filed a challenge against the decision in the supreme court on behalf of native title holders the Mpwerempwer Aboriginal Corporation, arguing that the decision contravened the NT Water Act and that minister Kate Worden failed to consider the Aboriginal cultural values. The licence was originally granted in April but was reviewed after a challenge by traditional owners before being re-granted in November with slightly different conditions.
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