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The NSW government is accused of failing to account for climate
change impacts on water resources. (ABC News) |
Key Points
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The NSW Nature Conservation Council is alleging the government's plan failed to adequately take into account the future impact of climate change on the state's water systems and, in particular, on border rivers.
They are challenging the validity of the Water Sharing Plan for the NSW Border Rivers Regulated River Water Source Order 2021, also known as the Border Rivers Water Sharing Plan (WSP).
In NSW, the Murray-Darling Basin Plan is built around 58 individual WSPs.
The council is being represented by the Environmental Defenders Office, which filed the case in the Land and Environment Court of NSW.
Council chief executive Chris Gambian said the case was an international first.
"It's the world's first legal case challenging a catchment-wide water sharing plan," Mr Gambian said.
"We say that the NSW government, the Water Minister [Melinda Pavey] and the Environment Minister [Matt Kean] breached the Water Management Act when they made the water sharing plan for the border rivers."
In a statement, a spokesperson from NSW Water Minister Melinda Pavey's office said the state government was "currently considering the matters raised by the NCC in the proceedings but can't provide any specific comment as the matter is now before the court".
Mr Gambian of the NSW Nature Conservation Council said he did not think climate change was being properly factored into water-sharing calculations and the results could heavily impact the environment.
"If we haven't adequately recognised how much water there's likely to be available in the future we're going to keep having a problem," he said."The fish kills are one good example.
"The Menindee Lakes thankfully have water, but 12 months ago it didn't … is another good example."
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The Darling River at Menindee has suffered several mass fish
kills. (Supplied: Rob Greggory)
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"At the moment these water-sharing plans only talk to the downstream plans when they're forced to," Mr McClure said.
"Ecological disasters like we've seen at Menindee over the last couple of years are just highlighting the issue."He believes better communication between all parties must be addressed, as must the issue of climate change.
"Connectivity is the key. If climate change isn't taken into consideration and downstream communities aren't taken into consideration then the process is broken," he said.
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The Darling River is currently in much better condition, flowing
at Wilcannia. (ABC Broken Hill: Bill Ormonde)
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"There is not enough water, there is over extraction and there is not management that is meeting the needs of the current circumstances," he said.
Mr McClure says he hopes that, at the very least, the legal action will
raise public awareness of the water issue, especially in the state's cities
where people are not adequately informed about some matters affecting
other parts of the state.
"Raising public awareness is the key to getting us on the same playing field
and same level as other communities," he said.
"We've all got a say in this argument, we've all got to live. All
communities matter."
Links
- NSW government faces crucial court challenge to Murray-Darling water plan
- 'It's just staggering': FOI documents show irrigators lobbied for more floodwater under Murray-Darling plan
- 'Pure bastardry': Anger from NSW Government, river council over Queensland water rules
- Queensland irrigators welcome another round of Healthy Headwaters funding
- Northern Basin concerns about new MDBA Chair
- (AU SMH) As Australia’s Climate Policy Disappoints, Hope Is Found In Court
- (AU ABC) Environment Minister Approves Vickery Coal Mine Extension After Teenagers' Climate Change Legal Challenge
- (AU SMH) ‘Walk Away’: Bylong Coal Mine Appeal Rejected
- (AU SMH) ‘Really Big Win’: NSW Environmental Watchdog Ordered To Address Climate Change
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