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 

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. 

More information here

MEDIA RELEASE

Breakthrough for Murray-Darling – new legislation throws rivers a lifeline after decade of neglect

The successful passage of the Restoring our Rivers Bill through the Senate heralds a breakthrough in efforts to revive Australia’s largest river system to health, leading environment organisations from Victoria, New South Wales, South Australia and Queensland said today.

The Murray-Darling Conservation Alliance, which represents close to half a million supporters across all Basin states, today said this strengthened Bill delivers for the environment, providing a crucial lifeline for the river system on the brink of the next drought.

The Alliance congratulated Water Minister Tanya Plibersek, the Australian Greens and crossbenchers on this historic outcome and welcomed the Albanese Government’s commitment to urgently recover more environmental water.

The legislation comes after years of grassroots action by Murray-Darling communities including dryland farmers, irrigators, First Nations and conservationists, and creates a pathway for a healthy river and First Nations water justice, the groups said. 

Conservation Council of South Australia Chief Executive Craig Wilkins said: 

“As the state at the end of Australia’s greatest river system, South Australia is set to be a big winner from the passing of the Restoring our Rivers Bill.

“For the last decade it’s been incredibly frustrating having to justify and defend the inclusion of the 450 gigalitre component of the Murray-Darling Basin Plan.

“We always knew it was essential, and it’s exciting to see this Bill finally guarantee its delivery.

“Back at the start of the Murray-Darling Basin Plan, scientists said the full delivery of the Plan – including the 450 gigalitres – was the absolute bare minimum required to give the Murray a decent chance of survival.

“Even now, dredging of the river mouth is about to re-start at the Coorong. This is a clear sign more water is needed to ensure the basic health of the river. We don’t have a moment to lose with dry summers ahead.

“We thank and applaud Minister Plibersek and Australian Greens Senator Sarah Hanson-Young for working hard to create a circuit breaker in the challenging politics of the river, and for the many Senate crossbenchers for supporting a strengthened Bill. 

Nature Conservation Council of NSW CEO Jacqui Mumford said:

“Communities of Western NSW have been relentless in their fight for inland rivers, wetlands and the Menindee Lakes. Today they can be proud of what has been achieved. 

“The pressure on inland rivers of NSW has been immense, mainly because of long-term mismanagement under previous governments. Through the last drought we saw rivers dry up, wetlands on fire, communities without drinking water and mass fish kills all over the Basin.

“The Nature Conservation Council of NSW applauds the Federal Government, the Australian Greens and Independent members of the Senate crossbench for working cooperatively and getting the Restoring Our Rivers Bill across the line. 

“We still have many questions about how more water will be returned to the Darling/Baaka, we’ve learnt the hard way that the devil is in the details when it comes to water management.”

Environment Victoria CEO Jono La Nauze said:

“This new legislation offers the Murray-Darling a lifeline, giving rivers, wetlands and wildlife a fighting chance of survival ahead of looming drought.

“Dodgy deals and delays have seen the Basin Plan grind to a halt this past decade, and our rivers have paid the price. This legislation allows the Albanese Government to start voluntary water buybacks again, a vital solution for river health that is supported by 63% of regional Australians.

“The legislation also creates a pathway for First Nations to have a much greater say over how their waterways are managed, an important acknowledgement of the crucial role they have always played in caring for country.

“This Bill now has the support of federal politicians of very different political stripes and every state and territory government in the Basin, with the exception of Victoria. The fact that the Victorian Government remains opposed to restoring our rivers will disappoint millions of Victorians.”

Queensland Conservation Council Director Dave Copeman said:

“The Basin Plan has been plagued by mismanagement, alleged water theft and political interference, so we’re pleased to see the changes include an independent audit of water recovery by the Inspector-General.

“Now that the bill has passed the Senate, Minister Plibersek must focus on implementing the power she has to return water to the environment to ensure wetlands, rivers, communities and industries survive the next drought.”

Statement ends

Media contact: Anna Greer 
E: [email protected]
Ph: (02) 7208 9482 

NCC Water Campaigner, Mel Gray is available for interviews on request.

Monday 27th November

Leading environmental organisations from Victoria, New South Wales, South Australia and Queensland have strongly welcomed an agreement between the Australian Greens and the Albanese Government to strengthen the Water Amendment (Restoring our Rivers) Bill, saying the proposed amendments will give Basin rivers a chance of restoration after years of delay tactics.

The groups have highlighted the agreement offers rivers a lifeline on the brink of drought by guaranteeing the remaining 450 gigalitres of water for the environment and delivering more flows for the Darling-Baaka. The agreement also acknowledges significant work needs to be done to recognise First Nations rights over water.

The agreement comes after years of grassroots action by Murray-Darling communities including farmers, irrigators, First Nations leaders and environmental groups, and creates a pathway for a healthy river and First Nations water justice, the groups said. 

The Alliance looks forward to seeing the final details of the Bill, which we hope with the support of the crossbench will deliver for communities, rivers and First Nations communities.

Conservation SA Chief Executive Craig Wilkins said: 

“This is a long overdue and extremely welcome recognition that the 450 gigalitres that SA secured in 2012 is a core component of the Plan, and not some optional ‘nice to have’.

“Guaranteeing the full delivery of the 450 gigalitres is essential for the survival of the river, particularly the Coorong and Great Southern Lakes.

“Despite the claims of many upstream, the 450 gigalitres will benefit the whole river system, and will help return the bare minimum amount of water scientists argued 10 years ago was necessary to give the river a fighting chance.

“While it is extremely disappointing the Murray-Darling Basin Plan is so far behind after a decade of obstacles and deliberate ‘go-slow’, this package of changes negotiated between the Greens and the Albanese Government offers a genuine chance for a re-set. 

“We congratulate Minister Plibersek and Senator Hanson-Young for their willingness to work together to find a way forward.”  

Nature Conservation Council of NSW CEO Jacqui Mumford said:

“We commend the Federal Government for wanting to cancel the Menindee project, which was never going to work. Now we need to see how they intend to return real water to the rivers, in particular the Darling-Baaka in the leadup to the next drought.

“We’ve seen time and time again that the devil is in the details. We are still waiting to understand how the government is planning to ensure the Darling-Baaka is protected. 

“Communities along the Darling-Baaka have borne the brunt of decades of water mismanagement, and have done an amazing job of advocating for the rivers.”

Environment Victoria CEO Jono La Nauze said:

“The hard work of communities on the river has resulted in real progress today, putting critical issues on the map including the plight of the Darling-Baaka and the need to negotiate real outcomes for First Nations people. 

“There is still a huge amount of work to do to secure a liveable future for the Basin. After a decade of delay and inaction, this agreement gets the wheels moving in the right direction again.”

Queensland Conservation Council Water Policy Officer Nigel Parratt said:

“The Murray-Darling Basin Plan was a bold vision but has been undermined by mismanagement. We’re pleased to see additional measures to increase accountability including an expanded role for the Inspector-General of Water Compliance and more public reporting.”

Statement Ends

November 21^st 2023

With the Senate poised to vote on critical changes to the Murray-Darling Basin Plan, an alliance of farmers, irrigators, First Nations leaders and environmental groups have come out in strong support of expanding water buybacks from willing sellers as the best way to return enough water to Australia’s biggest river system.

Today's announcement follows a presentation of a petition in Parliament House last week with 10,000 signatures from across the Basin states urging Federal Environment and Water Minister Tanya Plibersek to stand up and protect rivers.

The Murray-Darling Conservation Alliance, which consists of peak environment groups across NSW, VIC, QLD and SA, is calling on the government to work with all members of the Senate to strengthen the Restoring Our Rivers (2023) Bill and ensure that enough water is returned to rivers to offer the Murray-Darling a lifeline in the face of likely droughts.

Justine Bucknell, a grazier from Macquarie Marshes in NSW said:

“As floodplain graziers in the Macquarie Marshes, our business has suffered huge financial losses due to too much water being extracted upstream. We strongly support voluntary buybacks as they're the most effective, efficient and economical way to restore real water, physical water, to the river system.”

Bill McClumpha, an irrigator from Red Cliffs in Victoria said:

“Most  irrigators  do  support  the  basic  elements  of  the  Basin  Plan  and accept the need for meaningful water recovery. Rural  decline  has many  causes, but water recovery is not one of them. The Basin Plan has been derailed by a populist Chicken Little scare campaign conflating it with rural decline. Buybacks are popular with the majority of irrigators who own entitlements, and they are not a factor contributing to irrigator exits.”

Garry Hall, a grazier from the Macquarie Marshes in NSW said: 

“As farmers who run cattle on floodplains in the Darling Basin, our industry contributes hundreds of millions of dollars to the economy and produces food for Aussie tables. Our community congratulates the current government for finally having the courage to address the failures of the Basin plan to date. We support a lot of the recommendations from the Senate inquiry, but it doesn't go far enough. We need this Bill to guarantee more for the Darling ahead of the next drought.”

Gloria Jones, a multi-generational fisher from Clayton Bay in SA said:

“Minister Plibersek, we ask you to be brave. Please, buy back the necessary water from willing sellers, sooner, rather than later. It becomes harder and harder and more expensive as the years get drier. There will never be a better opportunity.”

Major Moogy Sumner, a Ngarrindjeri/Kaurna Senior Elder said:

“The government needs to not just be listening, but actually hearing and implementing the teaching from First Nations people on how to look after our rivers and water systems. We need real water returned to the river to keep our waters clean and pure not just for us, but for everyone.”

Polly Cutmore, a Gamilaraay/Wirri/Anaiwan Traditional Owner said:

“We need to recognise the rights of the river as a source of life in our country and those rights need to be respected. Our culture would not exist without it but us murris have become alienated from the decisions that are made about how it is looked after.

“What we know about our country and the changes that the colonisers have brought, tells us that drier times are coming and now it is so important to listen to what Mother Earth and our Ancestors are telling us. We need to restore the flows that give life to the river and support our culture.”

For more stories of people across the Basin who support healthy rivers, visit www.standbyyourriver.org.au 

Statement ends 

Media contact: Anna Greer 
E: [email protected]
Ph: (02) 7208 9482 

Tuesday, 14th November 2023

With the Senate set to decide the fate of the Murray-Darling Basin Plan, an alliance of First Nation leaders, irrigators, farmers, ecologists and environmental organisations today travelled to federal parliament to urge politicians from across the political spectrum to deliver for inland rivers and communities.  

The alliance is calling on the government to negotiate with all members of the Senate to strengthen the Restoring Our Rivers (2023) Bill to ensure real water is returned to Australia’s biggest river system. 

They highlighted the triple threat facing inland communities of climate change, drought and long-term mismanagement of our inland rivers, calling for a range of amendments, in particular the guarantee of

1. Water rights for Traditional Owners  

2. 450 GL of real water be returned to the rivers

3. The recovery of sufficient water to ensure the flows in the northern basin (Darling/Baaka) 

Key members of Parliament from across the political divide, including Nationals, Greens, Independents, and government ministers attended a BBQ and press conference held in the Senate courtyard today to hear stories from this diverse coalition.  

They heard from graziers and irrigators calling for more water returned to rivers, First Nations leaders on the sacred responsibility to protect the Country, and multi-generational fishers calling for a guarantee that more water is returned to the river than is taken out. 

Earlier in the day, Minister Plibersek was handed a petition with 10,000 signatures from across the Murray-Darling Basin urging her to stand up and protect the rivers they love. 

Statements attributable to Jono La Nauze, Chair of the Murray-Darling Conservation Alliance: 

“I’m proud to stand alongside such a wide cross-section of Basin and First Nations communities united in our call for the government to go further in returning water to our rivers. 

“We’ve gathered over ten thousand signatures from across the Basin and today launch our Stand By Your Rivers campaign – calling on Minister Plibersek to offer a guarantee that the water that has been long promised but not delivered in the Murray-Darling Basin Plan finally reaches our waterways.”

Statements attributable to Major Moogy Sumner, Ngarrindjeri / Kaurna Senior Elder:

“The government needs to not just be listening, but actually hearing and implementing the teaching from First Nations people on how to look after our rivers and water systems. We need real water returned to the river to keep our waters clean and pure not just for us, but for everyone.”

Statements attributable to irrigator Bill McClumpha from Red Cliffs, VIC:

“Contrary to popular belief buybacks are popular with the majority of irrigators who own entitlements, and they are not a factor contributing to irrigator exits. A new program will boost irrigation, not cut it. If recovery targets are completed by a buyback program irrigators will be protected against the allocation cuts certain to occur in dry years if targets are not met.”

Statements attributable to Gloria Jones, multi-generational fisher from Clayton Bay, SA:

“Here we stand ten years on from when Henry Jones cooked fish and spoke to all on the lawns of Parliament House, including Prime Minister Julia Gillard. However, ten years on and the Plan has not been delivered. We do not need more science to achieve the Plan, we know what needs to be done. Minister Plibersek, we ask you to be brave.”

Statements attributable to Gary Hall, grazier from the Macquarie Marshes, NSW: 

“As farmers who grow cattle on floodplains in the Darling Basin, we contribute hundreds of millions of dollars to the economy, and produce food for Aussie tables. Our community congratulates the current government for finally having the courage to address the failures of the Basin plan to date. We support a lot of the recommendations from the Senate inquiry, but it doesn't go far enough. We need this Bill to guarantee more for the Darling ahead of the next drought.”

Statements attributable to Char Nitschke, Campaigner Coordinator (Water) for Conservation Council of South Australia said: 

“It is critical that all Australians, from the bottom of the Coorong, where the Murray Mouth meets the Southern ocean, right to northern Queensland, demand real water for the river now.  There’s also unfinished business. The plan must be amended to account for climate change and First Nations water rights.”

A full recording of all speakers at the press conference as well as images are available on request. 

Full list of press conference speakers: 

First Nations leaders:

• Uncle Major ‘Moogy’ Sumner (Ngarrindjeri/Kaurna)

• Aunty Polly Cutmore (Gamilaraay/Wirri/Anaiwan)

• Barry Stone (Ngampaa)

Environmental groups: 

• Jono La Nauze, CEO, Environment Victoria

• Melissa Gray, Nature Conservation Council of NSW

Fishers:  

• Gloria & Julie Jones, fishing family Lakes & Coorong, South Australia, representing River Lakes & Coorong Action Group (RLCAG)

Farmers and graziers:

• Garry Hall, Macquarie Marshes Environmental Landholders Association 

• Bill McClumpha, Red Cliffs irrigator

• Justine Bucknell, Coonamble farmer, Macquarie Marshes Environmental Landholders Association, NCC Board 

Swan Hill Resident:

• Nicole McKay

Media Contact:

Clancy Barnard 
[email protected] 0438869332

James Norman 0451291775

November 10, 2023

A Senate inquiry report tabled today shows cross-party support for improving legislation to restore rivers in the Murray-Darling, giving the Albanese Government an opportunity to significantly improve its bill.

Peak environment groups across NSW, VIC, QLD and SA have called on the government to consult with stakeholders and negotiate amendments with the cross-bench that will ensure the Water Amendment (Restoring Our Rivers) Bill 2023 guarantees environmental water will be recovered and recognises the rights of First Nations.

Environment Victoria CEO Jono La Nauze said:

“After ten years of neglect, what our wetlands and wildlife need right now is real water flowing down rivers and into floodplains, revitalising the landscape ahead of long, hot summers to come.

“This report demonstrates there is cross-party support to strengthen the Restoring Our Rivers Bill so that it delivers real outcomes for the environment, First Nations and Basin communities.

“The committee endorsed the Productivity Commission’s findings that a number of unviable offset projects will never deliver real water for the river and therefore should be scrapped, and no more dodgy projects should be allowed into the scheme.

“However, in a number of important respects the majority report falls short of what’s needed. While recognising the importance of timely and reliable water recovery, the recommendations do not guarantee this will occur. Climate change has been kicked down the track.

“The onus is now on the government to develop amendments that address the recommendations made by the majority report as well as the further recommendations from the Greens and crossbench Senators.”

Conservation Council of NSW Water Campaigner Melissa Gray said:

“Despite some positive steps from the Senate inquiry report into the Murray-Darling, the Darling-Baaka is still left high and dry. 

“Fish kills will continue unless more water is recovered in the Northern Basin ahead of the next drought.

“It is critical the Government takes this opportunity to embed the rights of First Nations People in the Water Act. 

“This bill does nothing to address the significant impact climate change is already having on our inland rivers. Kicking the can down the road until 2026 will leave inland rivers suffering as we enter the next drought.” 

Conservation SA Campaign Co-ordinator Char Nitschke said:

“The Murray-Darling Basin Plan was created at a time – during the Millenium drought – when there was enormous awareness about how vulnerable we are, as the driest inhabited continent on the planet.

“The Plan itself was the absolute bare minimum that the river needed to survive. Since then there’s been delays, dodgy policies and incredibly slow progress.

“The river is already stressed and with the return of El Nino and drought forecast, further delays could be catastrophic. We need iron-clad guarantees written into the legislation that real water will be returned to the river.”

Queensland Conservation Council Water Policy Officer Nigel Parratt said:

“We need a solid guarantee of real water that flows down the river and across floodplains, rejuvenating the landscape, not just more delays and dodgy schemes.

“We’re disappointed that the committee’s recommendations don’t include legally binding assurances that the required water recovery will be achieved within the extended timeframes – this seems a missed opportunity.”

Statement ends 

Media contact: Clancy Barnard 
E: [email protected]  Ph: 0438 869 332