Court makes historic orders defending cultural information  

The Federal Court at present has dominated at present that the NSW Fractured Rock Water Resource Plan (WRP) is invalid as a result of Federal Water Minister Tanya Plibersek didn’t learn it earlier than she signed it off. 

The court docket additionally discovered the MDBA acted lawfully in recommending to the Minister that the plan be accredited, despite the fact that session with First Nations fell far in need of what First Nations required. 

The Murray Lower Darling Rivers Indigenous Nations (MLDRIN) was represented on this matter by the Environmental Defenders Office (EDO), the Australia-Pacific area’s largest Community Legal Centre specialising in public curiosity environmental regulation. 

Brendan Kennedy, Chair of MLDRIN welcomed the choice to overturn the FRWRP however stated the judgment highlighted the necessity for water regulation reform to higher shield First Nations rights and pursuits. 

“There needs to be immediate reform to enshrine First Nations’ rights in decision making,” Mr Kennedy stated. 

“This should occur now as we’re heading in the direction of the 2026 statutory overview of the Basin Plan, and the 2027 Water Act Review.  

“If First Nations are going to play a significant function in both of those government- led critiques, then they should be greater than the present model of enormous town-hall, tick-the-box workout routines, which diminish the rights of First Nations.  

“Decision makers who performed a component within the making of this FRWRP have handled First Nations peoples disrespectfully and typically unlawfully. 

“Sadly, this has been an all-too-common expertise for First Nations peoples within the water house coping with governments since Colonisation started. 

“It is another example of water dispossession that has been ongoing for generations.” 

Grant Rigney, Deputy Chair of MLDRIN stated: “MLDRIN maintains that the WRP shouldn’t be in step with the Basin Plan necessities and that Minister Watt shouldn’t accredit the WRP in its present kind.   

“We made this clear in our submissions to the previous minister, however our suggestions have been ignored. 

“We name on Minister Watt to learn MLDRIN’s detailed, crucial evaluation of the plan which finds the WRP shouldn’t be in step with the Basin Plan. 

“We invite the Minister to meet with MLDRIN to hear our concerns,” 

Mr Rigney stated MLDRIN additionally welcomed the court docket’s ruling on maintaining cultural information submitted to the court docket confidential. 

“This was a superb day, as First Nations have been revered by the court docket system.  

“While the MDBA didn’t assist MLDRIN’s software to guard cultural information, the court docket has made the correct determination.  

“This determination units an essential authorized precedent defending First Nations’ cultural information, which is their Indigenous Cultural Intellectual Property (ICIP), from being publicly divulged by way of court docket processes. 

“Importantly, the judge found that confidentiality orders applying to this material should apply forever. This is a very significant ruling.” 

The decide discovered: “the present case is analogous to cases of commercial-in-confidence and personal information. There is no reason why the Court should treat cultural knowledge as less deserving … there is a very high public value placed in the maintenance of the confidentiality of such information.” 

The decide additionally discovered: “…the information has been passed on over generations and will continue to be passed on to future generations. For that reason, there is no fixed, ascertainable or specified future event with respect to which the order can cease to operate.” 

EDO Special Counsel Emily Long stated: “EDO supports MLDRIN’s commitment to urgent reform of the Basin Plan and Water Act. The law must embed the rights protected under the United Nations Declaration of the Rights of Indigenous People, including the right to free, prior and informed consent. First Nations must be able to exercise their collective right to participate in decisions that affect their lives and their Country, as part of their right to self-determination.”  

Judgment

Murray Lower Darling Rivers Indigenous Nations v Commonwealth (No 2) [2025] FCA 1037

MEDIA CONTACTS 

MLDRIN | Cheryl Krause | 0417 315 690 

EDO | James Tremain | 0419 272 254