First Nations groups have launched a legal challenge over a water plan. 

A coalition of 20 First Nations groups has initiated legal action against the Australian federal government, alleging a breach of legal obligations related to engaging and consulting with Indigenous communities before endorsing a water resource plan.

Federal Environment and Water Minister Tanya Plibersek greenlit the NSW Fractured Rock Water Resource Plan in November of last year. 

The plan, designed by the NSW government, covers the management of water located within rock formations across the Murray-Darling Basin.

The Murray Lower Darling Rivers Indigenous Nations (MLDRIN) says members of affected nations were inadequately consulted on matters involving cultural, social, and spiritual aspects linked to water resources.

Their legal challenge names the NSW Government, the Murray-Darling Basin Authority (MDBA), and the federal minister as respondents.

In November 2022, the MDBA recommended that the federal minister approve the Fractured Rock Water Resource Plan. 

The recommendation acknowledged incomplete consultation with First Nations rights holders, with several First Nations associated with the plan area unable to complete consultations.

MLDRIN contends that consultation requirements with First Nations rights holders were not met, including a failure to consult with the Tati Tati Nation.

The Environmental Defenders Office (EDO), representing MLDRIN, says that the group's legal action seeks to ensure authorities engage effectively with First Nations communities in the planning and implementation processes. 

MLDRIN intends to request the Federal Court declare the minister's approval of the plan and the MDBA's recommendation as invalid.

More details are accessible here.