MEDIA RELEASE
13th February 2025
Legal action taken by MLDRIN, a Confederation of First Nations from the southern half of the
Murray-Darling Basin, has led to the Federal Environment and Water Minister Tanya
Plibersek conceding she made a mistake in accrediting the NSW Fractured Rock Water
Resource Plan (WRP).
The Minister conceded that she made a mistake in accrediting the Plan during the Federal
Court hearing of MILDRIN’s case this week.
The Minister was required by law to read the Plan prior to accrediting it. The Minister has
now admitted that she did not have a copy of the Plan before her when she accredited it, as
required by s 63(5) of the Water Act.
MLDRIN Chair, Brendan Kennedy said:
“The Minister’s failure to lawfully accredit the WRP has led to First Nations feeling that our
rights and interests are no more than a ‘tick and flick’ process just as they were under the
previous Coalition government.
The Minister was the key authority that could have listened to our concerns, but she did not.
This left MLDRIN with no other option than to seek legal remedy. This legal case is really
important to us as it brings to the forefront how the water management system
disenfranchises and marginalises First Nations, through ‘tick and flick’ processes.”
MLDRIN Deputy Chair Grant Rigney said:
“Our legal challenge highlights the need for a complete reset between the Federal
Government approach to working with First Nations and their First Nations community
controlled organizations.
“It’s never been OK to adopt a ‘tick and flick’ approach with Nations, and we stand by our
right to be treated as partners – not interest groups. We call on the Minister to take action
today and stop the systemic ‘tick and flick’ approach applied to First Nations and their water
interests, by her government and by the previous Coalition government.
“It’s time to invest in grass-roots Nations, and their organisations who desperately need to be
resourced to participate equitably in the upcoming Basin Plan review in 2026 and the Water
Act Review in 2027.”
Other legal grounds argued at the hearing are questions around the extent and appropriateness
of the consultation undertaken by NSW with First Nations about water resources in the area.
MLDRIN has asked the Court to find that the consultation that occurred with Nations was not
enough to satisfy the requirements of the Basin Plan, such that the resulting recommendation
of the MDBA that the Minister should accredit the Plan was invalid.
We now await the Court’s decision.
Media contact: Cheryl Krause 0417 315 690
photo credit: Cassandra Hannagan – single use only for this story (contact photographer for any other use)
