In relation to the discontinuation of the case brought by the Nature Conservation Council (NCC) of New South Wales (NSW) against the NSW Water Minister and NSW Environment Minister in 2021 to challenge the validity of the Border Rivers Water Sharing Plan, media releases have been issued by the Ministers and the NCC, as set out below.
Joint media release from the Hon. Penny Sharpe, Minister for Climate Change, Energy, Environment and Heritage (NSW) and the Hon. Rose Jackson, Minister for Water, Housing, Homelessness, Mental Health, Youth and the North Coast (NSW), 14 March 2024:
NSW Nature Conservation Council to discontinue legal proceedings
We welcome the decision of the NSW Nature Conservation Council (NCC) to discontinue legal proceedings which were lodged against the previous NSW Government, by agreement, in relation to the Border Rivers Water Sharing Plan.
The NSW Government takes climate change seriously — we know that the climate is warming.
We also know that climate change is likely to result in longer periods of reduced water flows into our rivers and dams, and degrade the health of inland rivers and wetlands.
The NSW Government is committed to protecting the rivers of the Murray-Darling Basin and building greater resilience in water sources and ecosystems.
We are taking steps to plan for the impacts of climate change by reviewing the way water is managed in NSW.
We acknowledge NCC’s role as a leading NSW environmental advocacy organisation and the contribution it makes to climate action and the protection of nature in NSW.
Media release from Nature Conservation Council, 14 March 2024:
NSW Government commits to consider climate change in water rules, ending long-standing legal dispute
The Nature Conservation Council of New South Wales (NCC), the state’s leading environmental advocacy organisation, has today settled their court case against the NSW Minister for Water Rose Jackson and Minister for Climate Change and Environment Penny Sharpe.
Just days before the matter was due to be heard before the NSW Land and Environment Court, the current ministers have committed to considering the future impacts of climate change on water flows, including extraction limits and allocations. Importantly, the Ministers have committed to obtaining independent reviews of this work.
“This is a big win for the rivers and people of NSW. As the extremes of climate change loom large, water-sharing arrangements will have to align with the reality on the ground,” said Nature Conservation Council NSW water campaigner, Mel Gray.
“With more severe droughts and extreme flooding expected, on top of an already sick Murray-Darling Basin, this win signifies a turning point for the rivers and wetlands of NSW.”
NCC brought the world first case against the previous NSW Water and Environment Ministers in 2021, alleging that then Ministers Melinda Pavey & Matt Kean breached the law by failing to take future climate change impacts into consideration when making water sharing arrangements in the Border Rivers.
NCC has been represented by the Environmental Defenders Office.
Statements attributable to NCC Water Campaigner Mel Gray:
“With this agreement the NSW Government has made a strong commitment to improve the way rivers are managed, and NCC will work with the ministers to ensure it is delivered. The health of the rivers depends on it.
“This case was the first time a catchment-wide water sharing instrument has been challenged on the grounds that it fails to address the future impacts of climate change.
“Making decisions about water without taking future climate change into account has been a recipe for disaster. It is game-changing that the Ministers for Climate Change and Environment and Water have accepted the importance of considering climate change projections in future water extraction limits.
“NCC looks forward to working with the NSW Government to ensure there is more water for fragile ecosystems across the Murray-Darling Basin, healthier river systems and greater water security for all inland communities.”
