High Court overturns NT water licence for Singleton Station aquifer
Consensus Summary
The High Court overturned a 30-year water licence granted to Fortune Agribusiness for Singleton Station, south of Tennant Creek, after native title holders challenged its legality. The Mpwerempwer Aboriginal Corporation argued the licence threatened sacred sites and cultural values, and the court ruled the NT minister failed to justify the extended duration or provide procedural fairness. Both sources agree the licence sought 40 gigalitres annually, equivalent to two Sydney Harbours’ worth of groundwater, and was the largest of its kind in Australia. The ABC notes the 2020 application and the project’s focus on irrigated horticulture, while the Guardian emphasizes the licence’s free grant and threats to sacred sites. The court’s decision sends the case back for reconsideration, with the NT government required to address environmental and cultural concerns.
✓ Verified by 2+ sources
Key details reported by multiple sources:
- The High Court ruled to quash a 30-year water licence granted to Fortune Agribusiness for Singleton Station, south of Tennant Creek, and referred it back to the NT minister for reconsideration.
- The water licence application sought 40 gigalitres of water annually for 30 years.
- The Mpwerempwer Aboriginal Corporation (MAC) challenged the water licence, arguing it threatened sacred sites and cultural values.
- The High Court found the NT minister did not properly justify the extended 30-year licence instead of the standard 10-year period.
- The water licence was described as possibly the largest volume application in a single water resource by a single entity in Australia.
- The project involved developing thousands of hectares into an irrigated horticulture business.
- The water demand was 40,000 megalitres (40 billion litres) annually, equivalent to two Sydney Harbours’ worth of groundwater.
- The High Court ruled the minister denied MAC procedural fairness by not providing a reasonable opportunity to make its case about licence conditions.
Points of Difference
Details reported by only one source:
- The water licence application was made in 2020.
- The dispute involved the destruction of sacred water sites and impacts on native plants and animals dependent on the water.
- The NT government argued the law does not require consideration of Aboriginal cultural values in granting the licence.
- The High Court decision means the NT government must pay the costs of MAC’s appeal, limited to procedural fairness arguments.
- The project would grow mandarins, table grapes, avocados, and muskmelons.
- The licence was challenged in the NT Supreme Court and Court of Appeal over the last four years.
- The water licence was granted for free by the NT government.
- The project threatened at least 40 groundwater-dependent sacred sites.
- The High Court ruled the minister did not form a 'state of satisfaction' that special circumstances justified the 30-year licence.
- The decision contravened express and implied limitations on the minister’s decision-making authority.
Contradictions
Conflicting information between sources:
- The ABC states the water demand is 40,000 megalitres (40 billion litres) annually, while the Guardian describes it as 40 gigalitres annually, though both sources acknowledge the equivalence to two Sydney Harbours’ worth of groundwater.
Source Articles
High Court rules in favour of native title holders fighting NT water licence
The High Court decides in favour of native title holders fighting to overturn a water licence that had been granted to a cattle station in Central Australia.
High court blocks plan to extract two Sydney Harbours’ worth of groundwater from the desert
NT government had granted 30-year licence to grow fruit and vegetables but native title holders say it threatened sacred sites and the fragile desert environment Follow our Australia news live blog for latest updates Get our breaking news email , free app or daily news podcast Native title holders have won a high court appeal, overturning the largest groundwater licence ever granted in the Northern Territory, which would have allowed an agricultural company to extract 40 gigalitres of groundwate