Government endorsement for Indigenous Water Rights

The Indigenous Water Policy Group (IWPG) has won Northern Territory government support for a radical plan to give traditional owners legal and commercial rights over inland waterways, lakes and underground basins across northern Australia.

The IWPG says traditional owners have a right to equal access to water and to a share in the commercial benefits it brings. Territory Indigenous Development Minister Malarndirri McCarthy said she supported the idea, saying water rights could secure the economic future for Indigenous Australians across the northern region. The policy statement has been developed by the North Australian Indigenous Land and Sea Management Alliance (NAILSMA) through the Indigenous Water Policy Group (IWPG). This group was initiated in 2006 to enhance Indigenous Water policy outcomes across state and territory jurisdictions. As stated by the Chief Executive Officer of the IWPG, Joe Morrison:

The policy statement is a clear declaration of the terms for which Indigenous people want to be engaged. We expect Australian Governments to be responsive to the rights of Indigenous people, particularly for the terms of commercial use and development of water. The IWPG support for the recognition of Indigenous Rights to ownership, management and use of waters for commercial purposes is a pragmatic approach toward current commonwealth and state policies and reform agendas, including closing the gap.The policy statement offers tangible opportunities for positive economic outcomes for Australia’s most disadvantaged people.

The policy states:

Indigenous peoples’ traditional ownership must be fully recognised in Australian law. The Native Title Act should be enhanced to provide for Indigenous rights to be recognised in the modern economy regardless of legal proof of native title. This is consistent with the Federal Government’s native title policies which seek to encourage agreements that recognise both native title and non-native title outcomes for Indigenous peoples.
To ensure cultural rights and the equitable use of the consumptive, commercial allocation of water, water legislation and policy must include an allocated Cultural Flow. Cultural flow refers to water entitlements that are legally and beneficially owned by Indigenous peoples and are of sufficient and adequate quantity and quality to maintain the spiritual, cultural,environmental, social and healthy livelihoods of Indigenous peoples of northern Australia.
Any water plan in tropical Australia must, irrespective of historical allocation, include an equitable Indigenous allocation from the consumptive pool for commercial purposes. An Indigenous guaranteed entitlement to water in tropical north Australia from the consumptive pool for commercial purposes. For any commercial use of water, a negotiated revenue stream should be incorporated to be payable to Indigenous traditional owners and native title groups.
The establishment of an Indigenous Water Fund (or similar) that underwrites the Indigenous purchase of an equitable allocation of existing consumptive pools where it is otherwise unavailable; and in cases where compensation is entitled. An Indigenous Water Fund is an Indigenous managed construct to be used for the benefit of those Indigenous peoples currently unable to access a commercial allocation and its generated incomes.
An Indigenous entitlement to waters should be temporarily tradable, especially on a negotiated leasehold basis that will avoid the longer-term alienation of water property rights from the Indigenous owners.
The planning and ongoing management of water resources will be done jointly with Indigenous traditional owners, native title groups and State and Territory water agencies.

Download the full policy statement as a glossy version or a plain text version.