The High Court has granted Traditional Owners leave to appeal the Northern Territory Government's approval of a massive groundwater extraction licence at Singleton Station.
Earlier this year, the NT Court of Appeal dismissed a challenge brought by the Mpwerempwer Aboriginal Corporation, three years after it first opposed the licence. The permit allows the extraction of up to 40 gigalitres of groundwater annually — the largest allocation in NT history — to irrigate a large export-oriented horticulture project south of Tennant Creek.
The High Court case, to be brought against the Minister for Territory Families and Urban Housing as delegate of the Environment Minister and others, challenges the NT Supreme Court's earlier ruling.
Traditional Owners argue the licence threatens sacred water sites, as well as desert plants and animals that depend on the water.
"Finally, someone is listening. I am very happy. We have people living on the land, and this is their dream to stay here for future generations," Native Title holder Dawn Swan said.
Fellow Native Title holder Valerie Curtis said she was excited the court would now hear their case.
"It makes me feel happy. We want to fight for our rights, our sacred sites and our country, to be heard and for it to be fair," she said.
The legal battle began two years prior, when Mpwerempwer and the Arid Lands Environment Centre challenged then Families Minister Kate Worden's approval of the 30-year licence for Fortune Agribusiness. In February 2024, Mpwerempwer appealed after the NT Supreme Court dismissed their challenge.
Central Land Council (CLC) CEO Les Turner said in June: "They [Traditional Owners] will never stop fighting against the licence that threatens their sacred sites and their communities' water security."
He said pursuing the case to the High Court shows water rights are inseparable from land rights and go to the heart of protecting culture.
Alongside the legal challenge, Mpwerempwer and other Traditional Owners are also participating in the environmental impact assessment for the horticulture project. The CLC is supporting them to ensure it is rigorous.
"We will bring a forensic approach to understanding how Fortune Agribusiness will protect the dozens of sacred sites, hunting and gathering grounds and other important stories and places on Singleton," Mr Turner said.
Ms Swan said the fight is about protecting the country for everyone.
"I am thinking of the old people," she said.
"They want to know before they pass on that the country is safe; that it is protected."
