Australia's High Court has ruled in favor of Aboriginal Traditional Owners, quashing a 30-year water extraction license granted to a cattle station. The license, which permitted Fortune Agribusiness to draw 40 gigalitres of groundwater annually from Singleton Station near Alice Springs, was challenged by the Mpwerempwer Aboriginal Corporation.
Traditional Owners contended that the extensive water allocation threatened sacred sites, cultural survival, and the delicate desert water system. Their arguments had previously been unsuccessful in the Northern Territory Supreme Court and Court of Appeal.
The High Court found that the relevant Northern Territory minister had failed to address specific circumstances justifying the lengthy 30-year license period and had not formed the required 'state of satisfaction' regarding such circumstances. The court stated that the decision contravened limitations on the minister's decision-making authority and that the Aboriginal corporation should have been given notice of proposed conditions and an opportunity to provide written submissions, which they were denied.
Following the High Court's decision, the water license application has been referred back to Northern Territory decision-makers, who must now consider environmental approvals. The Mpwerempwer Aboriginal Corporation had argued that the license risked permanent damage to an ancient aquifer, at least 40 groundwater-dependent sacred sites, and community water supplies.