NT Water Bill Would Scrap Environmental Allocation, Critics Say, Calling It 'Blatant and Shameless'

"It's so blatant and shameless to literally be deleting the environment's water allocation."
Wilderness Society chief executive Kirsty Howey on the NT bill to scrap the environmental water requirement.
Mark

Start with the basics. What is actually being deleted?

Mimi

A legal requirement that water allocation plans set water aside for the environment, meaning rivers, springs, wetlands and the ecosystems that depend on them.

Mark

And that's the only change?

Mimi

No. It also removes a rule keeping total industry use under each plan's limit, and a rule that water management comply with the plans.

Luke

Worth noting that the claim that it weakens "estimated sustainable yield" comes from environment groups. The reporting doesn't show the bill's wording on that.

Mark

Why does the Singleton Station case come up?

Mimi

The High Court quashed that licence in August as unlawfully granted. Les Turner says under current law the council couldn't have helped native title holders challenge the merits of such a licence at all.

Luke

That's his reading of the law, and it's a council's view. It's also a step from there to saying this bill makes things worse for them.

Mark

What does the government say?

Mimi

Joshua Burgoyne says the core framework stays, including assessments, mining licences, pollution control, water allocation planning and heritage. He calls the criticism fearmongering.

Luke

Both sides are describing the same bill differently, and the piece doesn't settle it. Also, the datacentre worries are warnings about the future, not documented harms. Watt declined to comment, so Canberra's response is unknown.

  • A bill before the NT parliament would delete the requirement that water allocation plans reserve water for rivers, springs and ecosystems, and critics are calling it blatant and shameless.
  • Industry caps on total water use and the rule requiring compliance with allocation plans would also disappear, loosening limits just as fracking, datacentres and agriculture loom.
  • The Central Land Council and Wilderness Society accuse the government of acting covertly, pointing to a High Court ruling that already overturned a station licence granted unlawfully.
  • The environment minister rejects the fearmongering, insisting core environmental laws remain and citing new marine park protections as proof of good faith.
  • All eyes now turn to Canberra, where federal minister Murray Watt has declined comment but faces pressure to withhold water funding or retain EPBC decision powers.

In the Northern Territory, a government is preparing to strike from its water law the one clause that obliges planners to leave water in rivers, springs and wetlands before it is handed to industry. To those who have watched the territory's arid country struggle for every litre, this is more than a technical edit: it is a question of whether the living world is still owed a share at all, or whether it is simply what remains after development has taken its turn. The minister insists the broader framework of protections endures, while environmental and Indigenous voices warn that the safeguard being removed was the last one with real teeth, and that the choice is being made just as fracking, datacentres and farming are poised to expand.

The Northern Territory government is moving to delete a line from its water law that environmental groups see as the last real guarantee for rivers and springs: the requirement that water allocation plans set water aside for the environment. Critics have already called the move "blatant and shameless," and the bill now sits before the NT parliament.

The change would not stand alone. It would also remove the rule that total industry water use stay within the limit in each allocation plan, drop the requirement that water management comply with those plans, and weaken the definition of "estimated sustainable yield." Critics say the timing is deliberate, as the government prepares to expand fracking, datacentres and agriculture. The Wilderness Society's Kirsty Howey warned the territory was trading its aquifers and rivers for short-term profit, and urged the federal government to withhold water funding if the bill passes.

The Central Land Council, which represents Indigenous people across the southern half of the territory, said the government was trying to covertly strip away the last protections Territorians have. Its chief executive, Les Turner, pointed to a recent High Court decision that quashed the Singleton Station licence as unlawfully granted, and argued that under the proposed law, native title holders would struggle to challenge such decisions at all. He warned that water-hungry developments could exploit lax rules.

The bill follows earlier rollbacks, including scrapping the renewable energy target and a coordinator role able to override 32 territory laws. Environment Centre NT's Bree Ahrens called it a "smash and grab" and urged Canberra to keep its EPBC decision powers rather than hand them to what she called a rogue government.

Environment minister Joshua Burgoyne rejected the characterisation, saying core safeguards on assessment, pollution, water planning and heritage remain, and that the government supports responsible development. For now the question is whether the bill passes, and whether federal minister Murray Watt acts.

The Northern Territory government is preparing to delete a line from its water law that environmental groups say is the last real guarantee rivers and springs have: the requirement that water allocation plans set water aside for the environment. Critics have called the move "blatant and shameless." The bill is now before the NT parliament.

Under the current rules, allocation plans must reserve water to sustain rivers, springs, wetlands and water-dependent ecosystems. The Finocchiaro Country Liberal government wants that requirement gone. The change sits inside a larger package that would also alter legislation on marine pollution, heritage and mining.

Other proposed changes go to the mechanics of how much industry can take. The bill would remove a rule that total industry water use stay below the limit set in each water allocation plan. It would also remove a rule requiring water resource management to comply with those plans. Environment groups add that it would weaken the definition of "estimated sustainable yield," the amount of water that may be taken or used from a water resource.

The timing matters to the critics. The government is planning a major expansion of fracking, datacentres and agricultural development. Kirsty Howey, chief executive of the Wilderness Society, said the territory risked trading its aquifers and rivers for "short-term gain and profiteering" by the gas, agriculture and tech industries. She called the move extreme even for this government, and said the few safeguards that existed, which she described as threadbare, had been ripped up. She asked the federal environment minister, Murray Watt, to withhold commonwealth water funding if the bill passes.

The Central Land Council, which represents Indigenous people in the southern half of the NT, said the government was trying to "covertly" remove the last protections Territorians have in how water is used and managed. Its chief executive, Les Turner, said the bill undermines community hopes for better and more transparent water planning laws, runs against national trends and ignores Aboriginal people across the territory. He pointed to a recent case: in August, the High Court quashed the NT government's decision to grant the Singleton Station licence, finding it had been unlawfully granted. Under the law as it now stands, he said, the council could not have supported native title holders to challenge the merits of such a licence in the first place. He warned of future high-water-use developments such as datacentres taking advantage of lax rules and free water, and said the federal government needs stronger powers to intervene in projects affecting water and aquatic ecosystems.

The bill follows earlier rollbacks since the CLP took office. The government scrapped the NT's renewable energy target and abandoned a promise to adopt a 43% emissions reduction target by 2030. It also created a territory coordinator role inside the bureaucracy with power to override 32 territory laws to fast-track developments. Bree Ahrens, executive director of the Environment Centre NT, called the water bill a "smash and grab" that puts water and nature last.

Ahrens also turned to Canberra. Following changes to the Environment Protection and Biodiversity Conservation Act last year, the federal government can hand its decision-making powers over whether developments proceed to states and territories. She urged the Albanese government to rule out doing so for what she called an increasingly rogue NT government dismantling water safeguards. Watt declined to comment.

The NT environment minister, Joshua Burgoyne, rejected the characterisation. He said the bill does not dismantle environmental safeguards, and that the territory's core framework of environmental laws remains, covering environmental assessment and approvals, mining licences, pollution control, water allocation planning and heritage protection. He accused environmental lobby groups of fearmongering, cited the extension of the Limmen Bight marine park as evidence of the government's record, and said it supports responsible development and effective environmental and water regulation.

What to watch next is the bill's passage through the NT parliament, and whether Watt acts on calls to withhold water funding or keep EPBC decision-making powers in federal hands.

This is a smash and grab bill that puts water and nature last.
— Bree Ahrens, Environment Centre NT
Our government remains focused on facts, not the fearmongering tactics of environmental lobby groups.
— Joshua Burgoyne, NT environment minister
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