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Federal Court Quashes NSW Fractured Rock Water Plan Accreditation

The decision follows a First Nations-led court challenge, sending the plan back to Minister Murray Watt for reconsideration.

Overview

  • Justice Angus Stewart ruled the 2022 accreditation invalid because the then minister, Tanya Plibersek, did not have the plan before her when she signed it.
  • The court ordered the accreditation decision be quashed and the matter reconsidered by the current Environment and Water Minister, Murray Watt.
  • Judges found statutory consultation with First Nations rights holders was not met under the Water Act.
  • The Murray–Darling Basin Authority’s recommendation to accredit the plan was upheld as lawful, despite consultation falling short of what First Nations sought.
  • MLDRIN welcomed the ruling, urged law reform to protect Indigenous water rights, and asked Minister Watt not to re-accredit the plan in its current form.