Read The Times Australia

Daily Bulletin

Water injustice runs deep in Australia. Fixing it means handing control to First Nations

  • Written by: Sue Jackson, Professor, Australian Rivers Institute, Griffith University

It’s widely understood that rivers, wetlands and other waterways hold particular significance for First Nations people. It’s less well understood that Indigenous peoples are denied effective rights in Australia’s water economy.

Australia’s laws and policies prevent First Nations from fully participating in, and benefiting from, decisions about water. In fact, Indigenous peoples hold less than 1% of Australia’s water rights.

A Productivity Commission report into national water policy released last week acknowledged the demands of First Nations, noting “Traditional Owners aspire to much greater access to, and control over, water resources”.

The commission suggested a suite of policy reforms. While the recommendations go further than previous official reports, they show a lack of ambition and would ensure water justice continues to be denied to First Nations.

Three Indigenous children smiling in water Water plays a fundamental role in the cultural, spiritual and physical well-being of Indigenous people. Shutterstock

No voice, no justice

First Nations people have almost no say in how water is used in Australia. This denies them the power to prevent water extraction that will damage communities and landscapes, and in many cases means they’re unable to fulfil their responsibilities to care for Country.

It also means First Nations are excluded from much of Australia’s agricultural wealth, which is tied to access to water for irrigation.

In the New South Wales portion of the Murray-Darling Basin, for example, our research found Indigenous peoples are almost 10% of the population yet comprise only 3.5% of the agricultural workforce. First Nations also own just 0.5% of agricultural businesses and receive less than 0.1% of agricultural revenue.

Read more: Aboriginal voices are missing from the Murray-Darling Basin crisis

Cotton farm First Nations people enjoy only a tiny portion of Australia’s agricultural wealth. Alvin Wong/AAP

Piecemeal water reform

The National Water Initiative – a blueprint for water reform signed by all Australian governments in 2004 – committed to consulting with Traditional Owners in water planning, accounting for native title rights to water and including cultural values in water plans.

The Productivity Commission report said progress towards these commitments “has been slow and objectives have not been fully achieved”.

The report contains several welcome recommendations, including that:

  • a new water policy be devised, with a dedicated objective and targets to improve First Nations access to water and involvement in water management

  • the recently formed Committee on Aboriginal Water Interests “co-design” new provisions relating to First Nations’ water interests, and have direct dialogue with water ministers

  • a First Nations-led model of water reform be adopted, centred on the concept of “cultural flows”. This concept calls for substantial increases to First Nations’ water access and more control in decision-making.

Man wrapped in Aboriginal flag stands on river bank. The Productivity Commission recommended a First Nations-led model of water reform. Richard Wainwright/AAP

Cause of injustice ignored

Sadly, the Productivity Commission does not address the structural problems underlying inequities in Indigenous water rights.

In particular, it wrongly assumes policy success should be measured in terms of efficiency and the integrity of water markets, rather than justice for First Nations.

Water sold on markets goes to the highest bidder. This rewards large agricultural enterprises and others who historically held land and water rights, gained through the dispossession of First Nations people. And it penalises First Nations peoples who are unlikely to own productive farming land, or who don’t always wish to use water for irrigated agriculture.

In some cases, poorly funded Indigenous organisations have traded away their water rights to keep afloat, and will find it near-impossible to buy the water back. Our research shows this pattern drove a 17% decline in Indigenous water holdings in the Murray-Darling Basin over the past decade.

Read more: Australia has an ugly legacy of denying water rights to Aboriginal people. Not much has changed

The commission’s recommendations rely heavily on policy architecture and legal foundations that fail First Nations.

For example, in 1998 the Howard Government legislated to exclude water infrastructure and entitlements from parts of the Native Title Act. This means that infrastructure and licensing can proceed without negotiation with native title holders.

The Productivity Commission overlooked ways to correct this injustice – such as the Law Reform Commission’s proposal to change the law so native title holders can benefit from commercial use of water.

The commission’s response to conflict over developments such as dams is also inadequate. Rather than transfer final decision-making power to First Nations groups, it proposes that developments be more “culturally responsive”.

This will not protect cultural heritage. Case in point is the NSW government’s plan to raise the Warragamba Dam wall, creating a flood that threatens more than 1200 Indigenous cultural sites. Statutory protections are needed to head off such proposals.

Warragamba Dam The Warragamba Dam plan threatens Indigenous cultural sites. Shutterstock

Stronger models for reform

The United Nations’ Declaration on the Rights of Indigenous Peoples is clear: Indigenous peoples should have the power to decide on development proposed on their lands and waters.

An agreement between the Ngarrindjeri nation and the South Australian government in the lower Murray River region shows how even modest rights can both empower Traditional Owners and lead to successful environmental management.

The agreement enables a co-management approach where authority in developing natural resource management policy is shared. Unfortunately, reforms of this type are beyond the ambition of the Productivity Commission report.

Addressing water injustice also requires returning water to First Nations, such as by buying back water entitlements and guaranteeing cultural flows in water plans. The Productivity Commission outlines how this might occur, but falls short of recommending this vital measure.

The current policy framework has allowed some advances. But if water justice to Indigenous peoples is to be realised, changes to policy and laws must go far deeper.

Read more: Victoria just gave 2 billion litres of water back to Indigenous people. Here's what that means for the rest of Australia

Authors: Sue Jackson, Professor, Australian Rivers Institute, Griffith University

Read more https://theconversation.com/water-injustice-runs-deep-in-australia-fixing-it-means-handing-control-to-first-nations-155286

Business News

Australian organisations are relying on business continuity plans built for a far more predictable world

Tariff escalations, supply chain fragility, geopolitical events, and the ongoing threat of cyber disruption have reshaped the risk environment facing Australian organisations. The problem is that ma...

Daily Bulletin - avatar Daily Bulletin

How to Rent a Car for Uber in Melbourne: What Every New Driver Needs to Know

Starting out as an Uber driver in Melbourne is not as complicated as it sounds but getting the vehicle right is where most new drivers get stuck. Uber has strict requirements around vehicle age, condi...

Daily Bulletin - avatar Daily Bulletin

When Should You Speak to a Lawyer About a Legal Issue?

Legal issues can begin with a simple question, then become harder to manage once formal steps are involved. Many people wait until a matter feels urgent before seeking guidance, even though earlier ...

Daily Bulletin - avatar Daily Bulletin

The strategic rise of Bali as Australia’s next essential healthcare support hub

As Australian healthcare providers grapple with unprecedented operational bottlenecks, a new nearshore model is quietly transforming patient care delivery. Forward-thinking organisations,  including...

Daily Bulletin - avatar Daily Bulletin

Cost Savings and Benefits of Using Used Pallets in Logistics

In today’s competitive logistics and supply chain industry, businesses are constantly looking for ways to reduce operational costs without compromising efficiency and reliability. One of the most prac...

Daily Bulletin - avatar Daily Bulletin

How Fulfilment Services in Australia Help Businesses Scale Efficiently

The growth of e-commerce and modern retail has transformed customer expectations. Consumers now expect fast shipping, accurate order processing, and seamless delivery experiences regardless of where...

Daily Bulletin - avatar Daily Bulletin

Practical Ways Australian Workplaces Can Reduce Operating Costs

Reducing business costs doesn’t always mean cutting staff, shrinking services or making the workplace feel bare-bones. In many cases, the smarter savings are hiding in everyday operations: the light...

Daily Bulletin - avatar Daily Bulletin

Executive Recruitment Solutions That Help Organisations Secure Exceptional Leaders

Leadership has a direct impact on organisational performance, employee engagement, strategic growth, and long-term success. Businesses operating in increasingly competitive environments require experi...

Daily Bulletin - avatar Daily Bulletin

Why A WooCommerce Website Designer Matters For Online Growth

Running an online store today requires more than simply listing products and waiting for customers to arrive. Businesses need a website that is fast, reliable, easy to navigate, and designed to suppor...

Daily Bulletin - avatar Daily Bulletin

The Daily Magazine

DIY Rodent Control Vs Professional Help: When Is It Time To Call The Experts?

Rodents are one of the most frustrating pest problems for Australian property owners. Rats and mic...

Lighting Shop in Perth: How The Right Lighting Can Transform Your Home And Business

The right lighting can completely change the look, feel, and functionality of any space. Whether it ...

Traffic Light System Solutions For Safer And More Efficient Traffic Management

Modern cities and growing communities rely heavily on effective traffic management to ensure safety...

Gold Migration Lawyers in Liquidation: How the Closure Affects Your ART Appeal

If your appeal was with Gold Migration Lawyers, a recent change to how the Tribunal decides cases ...

The pressure cooker: life in urban Australia in 2026

Australian cities have always been demanding. Long commutes, rising housing costs, busy schedules a...

What Actually Makes a Good Criminal Lawyer in Melbourne

Most people only think about this question once. That is usually too late. Most people charged wi...

Why Working With A Chatswood Tutor Can Improve Academic Performance

Academic expectations continue increasing for students across primary school, high school, and senio...

Is It Worth Getting Solar Panels in Melbourne?

The real question is not whether solar works in Melbourne. It works. The question is what it is co...

How A Diploma Of Project Management Builds Practical Skills For Modern Work Environments

Developing the ability to plan, execute, and deliver outcomes efficiently is a key requirement in to...