Legal action taken by MLDRIN, a Confederation of First Nations from the southern half of the Murray-Darling Basin, has led the Federal Environment and Water Minister Tanya Plibersek to concede she made a mistake in accrediting the NSW Fractured Rock Water Resource Plan.
The Minister was required by law to read the Plan prior to accrediting it. The Minister conceded in the Federal Court hearing of MLDRIN’s case this week that she did not have a copy of the Plan before her when she accredited it, as required by s63(5) of the Water Act.
Senator Lidia Thorpe has condemned the Minister for failing to genuinely engage with First Peoples in relation to decisions around water management. Thorpe is calling on the Albanese Government to properly resource First Peoples in the Basin to undergo cultural flows work and engage in the upcoming Basin Plan and Water Act reviews.
In 2023, through negotiations on the Restoring Our Rivers bill, Senator Thorpe secured $20 million in funding for cultural flows and an additional $60 million for the AWEP program, yet almost 18 months later none of this funding has been delivered to communities.
See MLDRIN’s media release on the hearing for further information and comment.
Quotes attributable to Lidia Thorpe, Gunnai, Gunditjmara and Djab Wurrung independent Victorian Senator:
“First Peoples in the Basin have enduring Sovereign rights and cultural obligations to care for our lands and waters. This is our birthright.
"It is shameful that the Minister, who talks a big game about supporting First Nations water rights, chose to ignore the concerns of First Peoples when approving a Water Resource Plan that excluded us.
"Current colonial laws set a low standard for upholding the water rights and interests of First Peoples. The Minister was not even able to meet these low standards.
"First Peoples are rights holders, not stakeholders, and I commend MLDRIN for refusing to let another Minister disregard our rights. Important decisions about the management of water resources must include us.
"This court case is proof that current laws and policies continue to exclude First Peoples from water management.
"I negotiated additional funding for First Nations water entitlements and cultural flows in 2023, and it’s about time the government made true on these commitments and started delivering funds and water entitlements to First Nations.
"All Nations in the Basin must be properly resourced for crucial cultural flows work, to uphold their cultural obligations to manage water and keep Country healthy.
"This would allow all Nations to be prepared for the upcoming reviews of the Basin Plan review and Water Act, to bring them in line with international standards, as set out in the UN Declaration on the Rights of Indigenous Peoples.”