The High Court heard a landmark Aboriginal water rights case in Canberra on Tuesday, after six years of Alywarr native title holders fighting a proposal to extract thousands of gigalitres of groundwater beneath their traditional lands on Singleton Station.

The foreign-owned Fortune Agribusiness was awarded a water licence to extract up to 40 gigalitres of groundwater a year for the next three decades, once it is running a 3,500 hectare fruit and vegetable farm on Alywarr land at Singleton Station near Ali Curung south of Tennant Creek.

The case could start the process of Aboriginal rights to groundwater beneath their traditional lands, if native title holders win, but the agricultural company cannot extract any water until the case is heard and the NT Government completes a full environmental assessment.

Six Alywarr Native TItle holders were in Canberra this week for the initial hearing of their challenge to the NT Government’s granting of the water licence, which was handed out for free, and unusually, allowed for 30 years of water extraction, rather than the usual 10 year limit.

The Central Land Council, which is supporting the legal challenge on behalf of the Mpwerempwer Aboriginal Corporation native title holders, claims financial experts have valued the water that would be extracted at between $70 and $300 million a year once the farm was running at full capacity.

Fortune Agribusiness has declined to comment since the High Court confirmed last year it would hear the case, its plans involve turning 3,500 hectares of Singleton Station into a horticultural farm, mainly to export fruit and vegetables overseas.

Traditional owners say the groundwater supports at least 40 recognised sacred sites, native plants and animals, soakages cultural songlines, and due to the variable nature of the water supply, could have unintended impacts across thousands of hectares of their traditional lands.

Alyawarr traditional owner and 2026 Order of Australia medal recipient Frankie Holmes, who attended the hearing, said water was central to people’s identity and survival.

“It’s water that’s special and it’s just not replaceable. It must be looked after. Our body and our blood and everything depends on water. Without water, we finish,” he said.

Despite heated debate over whether the Territory Government has taken traditional owners’ concerns seriously, native title holders hope the High Court will decide in their favour.

Among those were native title holder and Mpwerempwer director Dawn Swan, who said she was happy that finally someone was listening.

“We have people living on the land and this is their dream to stay here for future generations,” she said.

However, other native holders remain concerned about the proposal, particularly potentially overstated claims of local jobs, and the lack of any water or land set aside for a native title holder owned horticultural enterprise.

The 0872 Report spoke to two of those involved in the Water for Justice campaign, Peter Corbett and Ned Kelly, who say they are still waiting for anyone from Fortune Agribusiness or the Territory Government to genuinely engage with the community.

Both native title holders told The 0872 Report said no-one from the company or senior Territory government officials had actually visited the community to discuss the water licence and its potential impacts on sacred sites or what economic benefits the community would get.

In the Court on Tuesday, both the NT Government and Fortune Agribusiness gave submissions calling on the Court to reject the case entirely.

For more on the case, The 0872 Report returns to 8CCC 102.1FM airwaves this Friday from 9am, kicking off the year with a new podcast series, Power and Water, which will take a closer look at the remote water system from supply issues to drinking water quality - and what's being done to fix these problems.

Tune in to 8CCC Community Radio this Friday from 9am, straight after The Big Brekky Show, for The 0872 Report, news for, by and about remote communities across Central Australia and the Barkly.

This report is part of a series of articles, radio shows and podcasts by The 0872 Report on 8CCC, with the support of the Local and Independent News Association.

The High Court heard a landmark Aboriginal water rights case in Canberra on Tuesday, after six years of Alywarr native title holders fighting a proposal to extract thousands of gigalitres of groundwater beneath their traditional lands on Singleton Station.
The foreign-owned Fortune Agribusiness was awarded a water licence to extract up to 40 gigalitres of groundwater a year for the next three decades, once it is running a 3,500 hectare fruit and vegetable farm on Alywarr land at Singleton Station near Ali Curung south of Tennant Creek.
The case could start the process of Aboriginal rights to groundwater beneath their traditional lands, if native title holders win, but the agricultural company cannot extract any water until the case is heard and the NT Government completes a full environmental assessment.
Six Alywarr Native TItle holders were in Canberra this week for the initial hearing of their challenge to the NT Government&rsquo;s granting of the water licence, which was handed out for free, and unusually, allowed for 30 years of water extraction, rather than the usual 10 year limit.
The Central Land Council, which is supporting the legal challenge on behalf of the Mpwerempwer Aboriginal Corporation native title holders, claims financial experts have valued the water that would be extracted at between $70 and $300 million a year once the farm was running at full capacity.
Fortune Agribusiness has declined to comment since the High Court confirmed last year it would hear the case, its plans involve turning 3,500 hectares of Singleton Station into a horticultural farm, mainly to export fruit and vegetables overseas.
Traditional owners say the groundwater supports at least 40 recognised sacred sites, native plants and animals, soakages cultural songlines, and due to the variable nature of the water supply, could have unintended impacts across thousands of hectares of their traditional lands.
Alyawarr traditional owner and 2026 Order of Australia medal recipient Frankie Holmes, who attended the hearing, said water was central to people&rsquo;s identity and survival.
&ldquo;It&rsquo;s water that&rsquo;s special and it&rsquo;s just not replaceable. It must be looked after. Our body and our blood and everything depends on water. Without water, we finish,&rdquo; he said.
Despite heated debate over whether the Territory Government has taken traditional owners&rsquo; concerns seriously, native title holders hope the High Court will decide in their favour.
Among those were native title holder and Mpwerempwer director Dawn Swan, who said she was happy that finally someone was listening.
&ldquo;We have people living on the land and this is their dream to stay here for future generations,&rdquo; she said.
However, other native holders remain concerned about the proposal, particularly potentially overstated claims of local jobs, and the lack of any water or land set aside for a native title holder owned horticultural enterprise.
The 0872 Report spoke to two of those involved in the Water for Justice campaign, Peter Corbett and Ned Kelly, who say they are still waiting for anyone from Fortune Agribusiness or the Territory Government to genuinely engage with the community.
Both native title holders told The 0872 Report said no-one from the company or senior Territory government officials had actually visited the community to discuss the water licence and its potential impacts on sacred sites or what economic benefits the community would get.
In the Court on Tuesday, both the NT Government and Fortune Agribusiness gave submissions calling on the Court to reject the case entirely.
For more on the case, The 0872 Report returns to 8CCC 102.1FM airwaves this Friday from 9am, kicking off the year with a new podcast series, Power and Water, which will take a closer look at the remote water system from supply issues to drinking water quality - and what's being done to fix these problems.
Tune in to 8CCC Community Radio this Friday from 9am, straight after The Big Brekky Show, for The 0872 Report, news for, by and about remote communities across Central Australia and the Barkly.
This report is part of a series of articles, radio shows and podcasts by The 0872 Report on 8CCC, with the support of the Local and Independent News Association.

The 0872 Report is a new, independent half-hour of local community news and current affairs all about life in the largest, most remote postcode in the country.

 

Every Friday at 9am, we will examine the issues facing people living in the 0872 postcode and celebrate inspiring local solutions and community wins across Central Australia and the Barkly.

 

Have you got a story to tell? We’d love it if you got in touch.

The 0872 Report is a new, independent half-hour of local community news and current affairs all about life in the largest, most remote postcode in the country.
&nbsp;
Every Friday at 9am, we will examine the issues facing people living in the 0872 postcode and celebrate inspiring local solutions and community wins across Central Australia and the Barkly.
&nbsp;
Have you got a story to tell? We&rsquo;d love it if you got in touch.