Minister Plibersek concedes that the accreditation of water resource plan is unlawful

Brendan Kennedy (Chair MLDRIN) and Grant Rigney (Deputy Chair MLDRIN), in front of the Federal Court on Monday. Image: Cassandra Hannagan.

Legal action taken by MLDRIN, a Confederation of First Nations from the southern half of the Murray-Darling Basin, has led to the Federal Environment and Water Minister Tanya Plibersek conceding she made a mistake in accrediting the NSW Fractured Rock Water Resource Plan (WRP). The Minister conceded that she made a mistake in accrediting the Plan during the Federal Court hearing of MILDRIN’s case this week. The Minister was required by law to read the Plan prior to accrediting it.

The Minister has now admitted that she did not have a copy of the Plan before her when she accredited it, as required by s 63(5) of the Water Act.

“The Minister’s failure to lawfully accredit the WRP has led to First Nations feeling that our rights and interests are no more than a ‘tick and flick’ process just as they were under the previous Coalition government," MLDRIN Chair, Brendan Kennedy said.

"The Minister was the key authority that could have listened to our concerns, but she did not.

"This left MLDRIN with no other option than to seek legal remedy.

"This legal case is really important to us as it brings to the forefront how the water management system disenfranchises and marginalises First Nations, through 'tick and flick’ processes.”

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Image: Cassandra Hannagan