Pages tagged "water"
Protection of Sacred Site the right call
MEDIA RELEASE
21 August 2024
The Nature Conservation Council of New South Wales (NCC), the state’s leading environmental advocacy organisation, has today thanked the Federal Minister for Water and the Environment Tanya Plibersek for applying section 10 of the Aboriginal and Torres Strait Islander Heritage Protection Act to protect culturally significant springs that feed the Belubula River in Central-West NSW from being destroyed for a tailings dam.
Regis Resources have approval to develop a mine with a tailings dam on top of the springs which feed the Belubula River. This ruling means the tailings dam will not be able to destroy the springs, which are a culturally significant site for the Wiradyuri People.
Since the federal environment department’s announcement last week, the lobbyists and opposition have come out in force to criticise a decision that should be applauded.
“For too long Indigenous Sacred Sites have been desecrated and destroyed by the mining industry in this country,” said NCC Chief Executive Officer Jacqui Mumford.
“The most high-profile incident of late saw Juukan Gorge destroyed in the Pilbara – that had an ongoing connection and cultural history spanning back 46,000 years.
“This disregard for Sacred Sites can’t keep happening and so we are happy to see this sensible decision from the minister.”
NCC Chief Executive Officer Jacqui Mumford said:
“The Belubula is a beautiful little river that is fed by bubbling springs high in the hills before cascading through rocky gullies and water holes to meet the Lachlan River on the fertile flats below. The planned tailings dam would have destroyed this special river.
“The community of Central West NSW owes an enormous debt of gratitude to the Elders who dedicated their lives to protecting the springs that feed the Belubula River, which will always be there now for everyone to enjoy.
“It was very fitting that the announcement coincided with the Dhuluny Corroboree put on by the Wiradyuri Traditional Owners Central West Aboriginal Corporation to mark the 200th anniversary of the Proclamation of Martial Law, resistance and survival.
“NCC congratulates Minister Plibersek for not allowing a repeat of the horrific destruction of Juukan Gorge to occur in Central West NSW.”
Statement ends
Media contact: Anna Greer
E: [email protected] M: 0493 733 529 PH: (02) 7208 9482
Note: NCC CEO Jacqui Mumford is available for comment on request
A message from Aunty Polly
My name is Polly Cutmore, I am a Traditional Owner from the Gwydir and MacIntyre Rivers in northern NSW. I am currently involved with the Commonwealth Aboriginal water buy-back program, the Boobera Lagoon Crown Land Committee and the NSW Gwydir First Nations Environmental Water Group.
Yesterday I travelled to NSW Parliament to give the government a message: There aren’t enough water flows during dry times to keep the rivers of the Northern Basin alive.
I need your help – please sign our petition calling on the government to let the rivers flow.
I was raised on the Mehi River at Moree, that is part of my Country. When I was young, it was never like this. Even in dry times, it was a wide river and there was always flow. We had to cross the river a lot to get to the shops and to town and I remember crossing the river with my shoes off. It was only up my ankles at times, but it always flowed.
When I was a girl I used to go fishing with Nan Wright. I loved lying on the bank and looking into the water to watch the life in the river. I could see all the way on the bottom and see every fish swim past, the large ones and the small ones, what we called the little sunfish who were beautiful in their many colours.
In my lifetime, the river turned from being an overflowing system, giving life to the surrounding country to now where it is just a dirty trickle down the middle of the riverbed.
The recently released Connectivity Report, outlining the bare minimum needed to keep the Darling/Baaka alive, is a big step in the right direction but we need the NSW Government to listen, respond and act on the recommendations.
Sign the petition to ask the government to adopt the recommendations in full.
The report advocates for an increase in baseflow to the system, this is the bare minimum that the river needs to stay alive during drought. I call this the ‘basic’ flow, because it is necessary for all life to survive.
If this doesn’t happen, the river will continue to die at current rates of irrigation and what I regard as outright theft.
A healthy river is important for our cultural identity and our wellbeing.
The death of the river means the death of our cultural identity. Before contact, all the clans had river frontage. We all relied on the rivers, the springs and waterholes. Everything we did involved water, just like today. The flowing rivers and springs fed the joining creeks and waterholes and formed large wetlands not seen for a long time. This is our cultural heritage and needs to be restored.
Water quality is another key issue for First Nation people. We always drank out of the river, there was no herbicides then, or dangerous bacteria. We recognised the importance of the streams for health and well-being.
The water itself used to have different local qualities such that we knew what part of the river the water came from. Dhagaay (Yellowbelly fish) from the upper Gwydir tasted different to ones found at Menindee (we could taste the different soils).
But since irrigation came, the rivers are not like that now. The water now is all the same, dominated by sediment and nutrients and toxins washed in from agriculture and infested with carp which tolerate these conditions much better than our native fish.
They have turned our inland rivers into big irrigation channels.
Making sure that flows keep the rivers healthy also means that other communities downstream receive that water. Even though we are different mobs, we stay in touch telling each other when the flows are coming and where the fishing is good. This still goes on today. Our Law has always told us that taking care of the river, the springs and the floodplains means others will also benefit. These obligations are bound by kinship laws and family connections.
‘Connectivity’ to us also means the connection between the water, land and people. It means our Dreaming Path. An important aspect of our Law regarding was the care for not just the river itself but the springs and waterholes, the nurseries and the refuge sites.
Join us in fulfilling our responsibility to care for the rivers. Together we can put the pressure on the government to put water for the environment first and let the rivers flow. Sign the petition
In solidarity,
Polly Cutmore
‘Let the Baaka flow’: Voices from the Northern Basin front NSW Parliament
MEDIA RELEASE
15th August 2024
The Nature Conservation Council of New South Wales (NCC), the state’s leading environmental advocacy organisation, is today bringing a delegation of people from the Northern Murray-Darling Basin to NSW Parliament to advocate for the collapsing ecosystem of the Darling/Baaka.
The group is calling on the government to implement the recommendations of the recent Connectivity Report in full.
“The NSW Connectivity Expert Panel final report is impressive work, it untangles layers of complexity and gives us a blueprint for getting enough water in the Darling/Baaka so it can survive,” said NCC Water Campaigner Mel Gray.
“We are coming to NSW Parliament today to tell the government that too much water is being taken from the tributary rivers that feed the Darling/Baaka.
“The Baaka is dying – it has lost its heartbeat. We have seen fish die in the millions, waterbird numbers have plummeted, communities have run out of water and freshwater mussels have disappeared from the Baaka.
“It’s quite simple: the rivers need more water. And this Connectivity Report gives us a roadmap for securing it.
“The time for excuses is over – the Baaka needs government action to bring it back from the brink.”
Gamilaraay Traditional Owner, Polly Cutmore said:
“I believe the Connectivity Report is a big step in the right direction. At the moment, there isn’t enough flow coming down the river during dry times to keep the river alive.
“When I was young, it was never like this. Even in dry times, it was a wide river and there was always flow.
“As a child, I remember we had to cross the river a lot to get to the shops and to town - I remember crossing the river with my shoes off. It was only up my ankles at times, but it always flowed.
“The report advocates for an increase in base flow to the system – this is the bare minimum that the river needs to stay alive during drought. If this doesn’t happen, the river will continue to die.”
Fifth Generation farmer and rural advocate from Menindee, Kate McBride said:
“My partner and I are the last station on the Darling/Baaka before the Menindee Lakes and as a result we’ve seen the devastating impact over-extraction has had on the Northern Basin.
“The dry rivers, algal blooms and fish kills during both droughts and floods are our river telling us it is sick and we must listen before we do even more irreversible damage.
“Report after report have told us the same information and now is the time for Government action.
“All this report is really asking for is to allow communities downstream to have the first drink before we allow mass irrigation at the top of the catchment. It's common sense and I think most Australians would be alarmed it's not currently the case.
“For too long, over extraction has been allowed to occur at the top of the catchment – it's time we start looking after communities downstream.
“We will never be able to restore our rivers to their original state, but restoring connectivity is a big step towards healthy rivers.”
Macquarie Marshes grazier Garry Hall said:
“After decades of water management taking our rivers and wetlands backwards, we’ve got a lot of ground to make up if we’re going to be ready for the impacts of climate change - which are already here. This report is a good start, but even more needs to be done.
“Marsh landholders overwhelmingly support the full recommendations of the connectivity report, and it must be acknowledged that it is the bare minimum of what inland rivers need.”
Statement ends
NOTE
The event held at NSW Parliament today, Thursday 15th August, will include a press conference at 11:15am at the ‘tree of truth’ and a public event, Reconnecting Our Rivers: Voices from the Basin, at 1-2:30pm at NSW Parliament House Theatrette, 6 Macquarie St, Sydney.
This will be an opportunity to hear the stories of those who live and depend on this important river system that has thus far been sadly neglected to the point of collapse.
Speakers include:
- Mel Gray, water campaigner and community organiser with Nature Conservation Council of NSW – Dubbo
- Garry Hall, President of the Macquarie Marshes Environmental Landholders Association
- Aunty Polly Cutmore, Gamilaraay Traditional Owner
- Kate McBride, 5th generation farmer, rural advocate – Menindee
Media contact: Anna Greer
E: [email protected] M: 0493 733 529 PH: (02) 7208 9482
Note: Spokespeople are available for comment on request
Peak environment body urges full adoption of connectivity report recommendations
MEDIA RELEASE
29th July, 2024
The Nature Conservation Council of New South Wales (NCC), the state’s leading environmental advocacy organisation, has today welcomed the release of the final report from the NSW Connectivity Expert Panel aimed at securing more water for the Darling/Baaka River, and urged Minister Jackson to accept its recommendations in full.
The report steps out what the bare minimum flow requirements are for the Darling/Baaka River to survive.
Statements attributable to NCC Water Campaigner Mel Gray:
“Implementing rules that don’t provide the minimum water that the river needs will doom the Darling/Baaka River to more massive fish kills and inevitable ecological collapse.
“The Darling/Baaka is a critical lifeline and cultural place for traditional water custodians, who’s sovereign rights under the United Nations Declaration for the Rights of Indigenous Peoples are embedded in Law.
“Failing to implement these recommendations would sacrifice dozens of towns and local economies along the river from Bourke to Wentworth, just to maintain the inflated profits of a few industrial cotton operations upstream.”
Statement ends
Media contact: Anna Greer
E: [email protected] M: 0493 733 529 PH: (02) 7208 9482
Protect the Macquarie Marshes
The iconic Macquarie Marshes are teeming with life. Unique, rare and endangered water birds find abundant nesting spots and fertile foraging grounds in the intricate patchwork of ecosystems that make up this complex, interconnected landscape.
The Marshes are home to the Wayilwan People, who know the wetlands as Wammerawa.
Recognised for its importance as a breeding site for migratory birds who fly from Alaska and Siberia to breed here, almost 20,000 ha of the 200,000 ha Marsh area is designated as Ramsar Wetland of International Significance.
But there is something shiny under the heavy clay Marsh soil that mining companies want – gold.
Mining exploration licences were issued by the NSW Government in the heart of the fragile wetland. Thankfully, after we put the pressure on the decision maker, the Regulator overturned their decision to allow exploratory drilling. However, they have invited the company, Australian Consolidated Gold Holdings, to apply again with more information.
This will not do.
It is unthinkable mining could even be considered in this critically important site.
We call on the NSW Government to:
- Cancel all current mining exploration licences within the 200,000 ha designated as the Macquarie Marshes.
- Ban the granting of mining exploration licences in this area in the future.
- Improve public notifications to ensure communities are informed and aware of exploration applications in their communities and what their rights are.
Resources Regulator overturns Macquarie Marshes mining exploration decision
MEDIA RELEASE
25th July, 2024
The Nature Conservation Council of New South Wales (NCC), the state’s leading environmental advocacy organisation, has today expressed relief that the Resources Regulator overturned their decision to allow copper and gold mining exploration by Australian Consolidated Gold Holdings in the Macquarie Marshes.
The Macquarie Marshes, in central-west NSW, is one of the largest remaining inland semi-permanent wetlands in South-Eastern Australia. It encompasses a massive 200,000 hectares, including almost 20,000 hectares listed as a wetland of international importance under the Ramsar convention.
This is one of the most biologically diverse wetlands in the Murray Darling Basin that can support hundreds of thousands of water birds when the conditions are right.
In a letter to the landholders of the proposed drill sites, the Resources Regulator said:
“...the decision maker when making the decision was not provided with all relevant and accurate information therefore the decisions were not validly made. As such, both decisions to grant the APOs were not decisions at law and have no legal effect.”
However, the door has been left open for considering the applications again if further information is provided.
Statements attributable to NCC Chief Executive Officer Jacqui Mumford:
“The Regulator has thankfully realised that the decision to allow copper and gold prospecting in the Marshes, without any environmental assessment, was the wrong call and we are grateful it has been overturned,” said Jacqui Mumford, Chief Executive Officer of Nature Conservation Council NSW.
“It is disturbing that any mining activity could be considered for this environmentally sensitive critical habitat and so we urge the Regulator to decline any further applications for exploration in the Macquarie Marshes.”
“The risks of mining activity in the Macquarie Marshes are too high – it could cause irreparable harm to the entire wetland system.
“There shouldn’t be drilling here because there shouldn’t be mining here.
“The proposed drilling area is right next door to the protected nature reserve and is a nesting and breeding site for threatened, vulnerable and endangered species.
“Can you imagine a gold mine sitting directly next to a protected internationally-significant, Ramsar-listed nature reserve? It’s unthinkable.”
Statements attributable to NCC Water Campaigner Mel Gray:
"The Macquarie Marshes are a spectacular and special place. They provide critical habitat for an amazing array of wildlife, from frogs to Murray Cod and Purple Spotted Gudgeon.
“Australian Consolidated Gold Holdings wants to drill in Mole Marsh, which is currently under water. It is home to vulnerable, threatened and endangered bird species, such as brolga, magpie goose, Australasian bittern and Australian painted snipe.
“We have serious concerns about the impact drilling and industrial activity would have on the entire wetland system.
“This highly sensitive and critical ecology is not an appropriate area for any mining activity.”
Statement ends
Media contact: Anna Greer
E: [email protected] M: 0493 733 529 PH: (02) 7208 9482
Note: NCC CEO Jacqui Mumford is available for comment on request
Ramsar listed Macquarie Marshes under threat from mining
MEDIA RELEASE
15 July, 2024
The Nature Conservation Council of New South Wales (NCC), the state’s leading environmental advocacy organisation, has today expressed outrage at news of gold and copper mining exploration occurring in the Macquarie Marshes.
The Resources Regulator has approved the exploration for copper and gold by Australian Consolidated Gold Holdings after taking at face value the company’s statement that: “There are no areas of critical habitat or areas of outstanding biodiversity value within the proposed drilling area.”
The Macquarie Marshes is a Ramsar listed wetland, one of the largest remaining semi-permanent wetlands in Southern Australia, and a critically important site for water bird breeding in Australia.
Macquarie Marshes Graziers, Garry and Leanne Hall are landholders of the area that includes Mole Marsh – one of the proposed drill sites. Mole Marsh is part of the Macquarie Marshes and connects to the protected nature reserve.
With less than a week left to challenge the Regulator's decision, they say, they need more time to try to get this mining activity stopped in its tracks.
“As landholders around the Macquarie Marshes Nature Reserve, we abide by strict guidelines before doing so much as constructing a fence, and yet a gold miner can start drilling without any proper assessment of the land’s cultural values and biodiversity,” said Macquarie Marshes grazier, Garry Hall.
“This approval from a desktop study is a classic example of apathetic box ticking by a disconnected bureaucrat without any knowledge of the land.
“This is an area full of life and home to many endangered, threatened and vulnerable species.
“Brolgas, magpie geese, painted snipe and countless other endangered and vulnerable listed birds, breed and nest right where they want to drill.
“Most of the sites where they want to drill are currently under water – this makes no sense.”
Statements attributable to NCC Water Campaigner Mel Gray:
“It’s obscene to hear that a mining exploration license has been granted in one of the most biologically diverse wetlands in the Murray-Darling Basin,” said NCC Water Campaigner Mel Gray.
“The Macquarie Marshes is an awe-inspiring patchwork of interconnected miniature habitats, all of them bursting with life.
“The impact of this drilling would have unforeseeable consequences for the whole wetland system and the myriad of life it supports.
“The area is home to an incredible diversity of native birds and fish and it is beyond belief that the Regulator would allow mining exploration here.”
Statement ends
Media contact: Anna Greer
E: [email protected] M: 0493 733 529 PH: (02) 7208 9482
Note: Mel Gray and Garry and Leanne Hall are available for comment on request
Wildlife photos taken in Mole Marsh, included in the Accessible Prospecting Operations (APO) area, are available here and are attributable to Leanne Hall.
Photos include:
Australasian bittern Botaurus poiciloptilus E E V
Magpie goose Anseranas semipalmata LC V
Brolga Grus rubicundus LC V
Australian painted snipe Rostratula australis LC V V
After one year in government, peak environment body asks how the Minns government stack up on environment.
MEDIA RELEASE
28th March 2024
The Nature Conservation Council of New South Wales (NCC), the state’s leading environmental advocacy organisation, has today released a scorecard assessing the Minns government's performance on the protection of nature and climate action.
Overall: Positive environmental reform is again underway in NSW, after a decade of weakened environmental protections that led to devastating, widespread ecological destruction. However, in order to address the urgent threats facing nature and the climate, we need to lift our game.
Statements attributable to Jacqui Mumford, NCC CEO:
“The government has made good progress on delivering on many of their election commitments, particularly when it comes to restoring our rivers and legislating ambitious emissions reduction targets.
“There has also been a marked shift in tone, with the Labor government seeking to listen to and work with members of the environmental movement.
"However, habitat clearing, and native forest logging are still occurring at a devastating scale in NSW, and until our broken land clearing laws are fixed we will continue to see the fragmentation and destruction of our ecosystems, and subsequent extinction and ecological collapse."
"Years of delay have left massive challenges and roadblocks for our energy transition that need to be overcome. Meanwhile, John Barilario’s 'let's dig up as much as we can’ views on coal and gas mining have still not been reviewed, risking widespread environmental devastation that dramatically undermines clean energy investment."
"The silence on marine protections is extremely disappointing. We’re eager to see progress and detail on how the commitments to improve First Nations access to water and will be achieved. And more action to enhance Indigenous management and ownership of protected areas."
"We urge the Minns government to recognise that the community cares deeply about the nature that makes this state so special, and is crying out for leadership and ambition in this space."
Ranking System: Good Progress being made / Need to lift our game / Little progress
Taking action on climate change
- Passage of a Climate Change Act with legislated emissions reduction targets.
- Establishment of a powerful and nation-leading Net-Zero Commission.
- Legislated ban on offshore petroleum exploration and production.
- Codified the EPA’s powers to introduce guidelines and regulate greenhouse emissions and climate action.
Transition our energy system to renewables
- Approval of new renewables projects that will power over 1.5m homes and delivery of multiple Capacity Investment Scheme auctions.
- The proposed Consumer Energy Strategy is welcome - it needs to include ambitious targets for household electrification and battery storage.
- Flagged changes to renewables planning approvals are welcomed, but it is not yet clear how this will be delivered, clear actions and accountability mechanisms are needed.
- Energy Security Corporation and offshore wind strategy - we haven’t yet seen any progress to deliver these commitments.
- The discussion about delaying the closure of Eraring is worrying and unnecessary. NSW can and should replace coal with renewables and battery projects.
Protect forests and end native forest logging
- Progress is being made to establish the GKNP, and interim protections for key Koala hubs.
- Development of a new Koala Strategy is underway and new protections for key Koala habitat in South West Sydney are welcome.
- Logging is still continuing in critical habitats for both Koalas and Greater Gliders.
- The government’s commitment to a more sustainable forestry sector through a Forestry Industry Action Plan is welcome. But this will only be genuine with a plan to shift to 100% plantations and end native forest logging.
- No action taken to protect critical habitats from logging on private land.
Nature protection and restoration
- Evidence-based management of invasive species in Kosciuszko National Park is a significant and welcome step forward.
- Landcare funding increased, with a commitment to double funding over four years.
- We are confident that the government will soon address some of the most pressing issues with the biodiversity offset scheme – we look forward to the details
- Progress is being made on a new National Parks establishment plan, but it’s not yet clear if funding will be adequate to achieve our ‘30 by 30’ goals.
- Runaway land remains out of control in NSW, and huge swathes of critical habitat have been lost since the government was elected. They have so far not taken action to remove the self-assessment loophole and deliver their commitment to ‘stop runaway land clearing’.
- Little progress has been made towards expanded joint management of National Parks, Indigenous ranger programs, or to assist Indigenous groups to purchase and manage land for conservation.
Restore rivers and wetlands
- New and strengthened commitments to considering the future impacts of climate change on water flows, including extraction limits and allocations in the MDB and on the coast.
- Canceled destructive dam projects including Dungowan, Wyangala Dam and the Warragamba Dam wall raising.
- Productive work with the Commonwealth to deliver the Murray Darling Basin Plan in full.
- Returned harvestable rights limit in coastal catchments to 10 per cent.
- Established the expert panel on connectivity, tasked the Chief Scientist to report on fish kills.
- NSW should drop its opposition to voluntary water recovery by the Commonwealth, and stop proposing untested, dubious projects as alternatives to voluntary water purchases.
- Substantial progress needs to be made to improve First Nations ownership and control of fresh water.
- All of the legally required Dam Safety Upgrade fishway projects required since 2009 must be completed as agreed.
- Accelerate regulation reform to streamline coastal wetland restoration projects.
Protect our Oceans
- The EPA’s next steps plastics plan is a welcome strategy to extend the ban on single use and problematic plastics, we look forward to its full delivery.
- New protections for the Blue Groper are welcome.
- Protections for marine sanctuary zones that were eroded by the Nationals are yet to be restored.
- There are no clear plans to expand the marine protected network or deliver the long overdue Sydney Marine Park.
- Outdated shark nets continue to snare turtles and dolphins off our beaches.
Fossil Fuels
- The government continues to allow environmentally destructive, poorly regulated and heavily polluting coal and gas mining to occur in NSW.
- The government has recommended approval for one coal mine (Boggabri) and has failed to ensure new coal approvals are “subject to an independent approval process” as expansions continue to be assessed as ‘modifications.
- Despite admitting they are potentially not fit for purpose, they have taken no action to update John Barilaro’s outdated ‘Strategic Statement on Coal’.
- Stronger regulation is needed to protect Sydney’s drinking water catchment and threatened habitats, including upland swamps from mining activities.
- The Vales Point power station should stop receiving nitrous oxide pollution limits exemptions, and pollution standards should be strengthened for remaining coal fired power plants.
Water & Climate Court Case
On Wednesday 13th March 2024, just days before the matter was due to be heard in the Land & Environment Court, the Nature Conservation Council NSW settled by agreement their water and climate change court case against NSW Minister for Water Rose Jackson and Minister for Climate Change and Environment Penny Sharpe.
The world-first legal action to protect rivers and wetlands had been brought against then Water Minister Melinda Pavey and Environment Minister Matt Kean in October 2021, and sought to ensure future climate change projections would be considered when decisions about water sharing plans are being made.
This has been the first time in the world a catchment-wide water sharing instrument has been challenged on the grounds that it fails to address the future impacts of climate change.
As a result of the settlement agreement, the NSW Government has made the following commitments:
There will be a review of the way limits to water extraction are calculated.
The review will consider the ecological needs of the rivers and wetlands, and the expected future impact of climate change on each catchment. The commitment is that this work will be done in time for the start of the next phase of the Murray-Darling Basin Plan in 2027/28.
The way water is allocated will be reviewed.
By June 2026, the government will have finished reviewing how water is allocated from public dams. The review will ensure that all inflow data and projected climate change impacts have been appropriately considered when water allocations are made.
The review will also consider how much water should be set aside in public dams for the environment and people in dry times.
Since 2015, the rules have stated that only data from last century can be used to work out water allocations, a crazy rule that allowed dams to empty at blistering speed, spelling disaster across NSW in the 2019 drought.
Independent reviews.
Importantly, all the processes, methodology and work plans committed to by the Ministers will be independently assessed by the NSW Chief Scientist & Engineer and the Natural Resources Commission.
These commitments represent a pathway to significant, generational improvements in water management in NSW.
Extraction limits are currently worked out based on how much water has been taken from rivers and aquifers in the past, not how much water can be taken before the environment suffers. A review of extraction limits as described above will consider how much water must stay in rivers and aquifers to ensure there is a healthy water supply for nature and people.
Since 2015, water allocations have been worked out based on how much water flowed into dams last century, ignoring the most severe droughts that have occurred in recent years. Making decisions on water allocations this way results in too much water being given to irrigators and too little being left for the environment and communities. Dams are being emptied too fast, dangerously depleting vital drought reserves.
NCC will work closely with the NSW government to ensure these commitments are fully realised.
Learn more about what the settlement of this case out of court means by watching our webinar:
Media:
Read NCC's Media Release (14/3/24)
Read the NSW Government's Media Release (14/3/24)
Read the media release from the Environmental Defenders Office (6/10/21)
Read the Guardian story about the court case (6/10/21)
Watch this video as a reminder of why we felt it necessary to bring these world-first proceedings back in 2021
NSW Government commits to consider climate change in water rules, ending long-standing legal dispute
March 14, 2024
The Nature Conservation Council of New South Wales (NCC), the state’s leading environmental advocacy organisation, has today settled their court case against the NSW Minister for Water Rose Jackson and Minister for Climate Change and Environment Penny Sharpe.
Just days before the matter was due to be heard before the NSW Land and Environment Court, the current ministers have committed to considering the future impacts of climate change on water flows, including extraction limits and allocations. Importantly, the Ministers have committed to obtaining independent reviews of this work.
“This is a big win for the rivers and people of NSW. As the extremes of climate change loom large, water-sharing arrangements will have to align with the reality on the ground,” said Nature Conservation Council NSW water campaigner, Mel Gray.
“With more severe droughts and extreme flooding expected, on top of an already sick Murray-Darling Basin, this win signifies a turning point for the rivers and wetlands of NSW.”
NCC brought the world first case against the previous NSW Water and Environment Ministers in 2021, alleging that then Ministers Melinda Pavey & Matt Kean breached the law by failing to take future climate change impacts into consideration when making water sharing arrangements in the Border Rivers.
NCC has been represented by the Environmental Defenders Office.
Statements attributable to NCC Water Campaigner Mel Gray:
“With this agreement the NSW Government has made a strong commitment to improve the way rivers are managed, and NCC will work with the ministers to ensure it is delivered. The health of the rivers depends on it.
“This case was the first time a catchment-wide water sharing instrument has been challenged on the grounds that it fails to address the future impacts of climate change.
“Making decisions about water without taking future climate change into account has been a recipe for disaster. It is game-changing that the Ministers for Climate Change and Environment and Water have accepted the importance of considering climate change projections in future water extraction limits.
“NCC looks forward to working with the NSW Government to ensure there is more water for fragile ecosystems across the Murray-Darling Basin, healthier river systems and greater water security for all inland communities.”
Statement ends
Read the NSW Government's media release here
Media contact: Anna Greer
E: [email protected] M: 0493 733 529 PH: (02) 7208 9482
Note: NCC Water Campaigner, Mel Gray, is available for comment on request
Background
In 2021 the Nature Conservation Council NSW (NCC) took then Minister for Water, Melinda Pavey, to court arguing the Minister breached the Water Management Act 2000 by failing to take climate change impacts into account in relation to the Border Rivers Water Sharing Plan.
NCC also argued then Environment Minister, Matt Kean, breached the Act by giving his concurrence to that plan.
Upon the change of government in 2023, the case transferred to current Ministers Jackson and Sharpe.