NT Government moving closer to "anti-democratic regime," Land Councils warn

Dechlan Brennan
Dechlan Brennan Published April 1, 2025 at 10.05am (AWST)
NT

Land Councils in the Northern Territory have slammed the CLP government, arguing their "ill-conceived and rushed changes" are moving the Territory closer to "an anti-democratic regime pursuing development at any cost".

Since coming into power in August last year, the government lowered the age of criminal responsibility to ten and changed bail laws, which has seen an explosion in prison numbers.

Their long-argued mandate has extended to development in the NT, with the Territory Coordinator Bill passing last month despite strong opposition from leading Indigenous groups and legal experts, and the Indigenous groups arguing the Territory Sacred Sites Act prioritises business interests over the protection of the NT's most important cultural heritage assets.

The government says its latest legislation, the Water Amendment (Aboriginal Water Reserves) Bill 2025 (Water Amendment Bill), will seek to "improve efficiency in administration of the Water Act and empower Aboriginal landowners to determine how and who gives consent for a person to apply for a water licence from the reserve".

In a joint media statement, the Northern Land Council (NLC) and the Central Land Council (CLC) said the NT government "cannot be trusted," and argued that giving away "our precious water to foreign and interstate interests" would only deprive First Peoples in the region development opportunities - both now and in the future.

"Instead of giving industry the confidence to invest in the Territory, the proposed changes will see traditional owners challenge dodgy decisions in court, development proposals embroiled in community conflict and investors fighting accusations of corruption," CLC chair Warren Williams said.

"By contrast, our council's consultation processes have true integrity and deliver the certainty industry needs."

The CLC and NLC said they had developed a process with the NT Division of Water Resources for negotiating informed consent before last year's election and said they had engaged in "good faith" with the previous Labor government.

They argued it would have given "certainty" to all developers in the region that First Peoples had been consulted with before any project, offering a guarantee it wouldn't result in legal action.

"Last week, and again without consultation with Traditional Owners, the Country Liberal Party government scrapped this in favour of another rushed bill that will create great uncertainty," the Land Councils said in a statement.

Minister for Lands, Planning and Environment Joshua Burgoyne last week said the CLP government "respects Aboriginal decision-making practices and decisions".

"We are removing ourselves from prescribing a process for consent that already exists through existing practices," Mr Burgoyne said.

"These amendments will provide the ability for Aboriginal landowners to activate water that is allocated to them to drive economic activity in regional communities."

However, the Land Councils argue the decision removes decisions about Aboriginal water reserves from Traditional Owners, handing it to the Territory's water controller. They argue the controller would decide who is an 'eligible' Aboriginal person to apply for water or give consent.

"It is completely unclear how he would do this," they said.

NLC chair Matthew Ryan said the changes were divisive, arguing the CLP government is "opening the floodgates for industry to exploit the Aboriginal Water Reserve for profits".

"The constant attacks on Aboriginal self-determination are exhausting and insulting. They need to stop," he said.

The NLC and the CLC said the government was attempting to "sideline" Land Councils, and argued, "Coupled with a lack of solid evidence about Territory water resources the government's latest bill ushers in chaos, conflict and increasing inequality".

On the water bill, they were clear: "It undermines Aboriginal people's hard-won collective rights and decision-making practices, threatens community harmony and removes guardrails against exploitation and corruption."

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National Indigenous Times

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