In court
Fighting for the Murray floodplains
Today, Friends of Nyah Vinifera Park appeared in the Federal Court to challenge a controversial floodplain engineering project approved under Australia’s environment laws.
The project, proposed by Lower Murray Water and approved by the Federal Government under the Environment Protection and Biodiversity Conservation Act 1999, would see large levee banks, regulators and pump stands built across the Nyah floodplain in northern Victoria.
The group says the project poses serious risks to the region’s ecosystems, waterways, and cultural heritage – and is being used to justify giving less water back to the environment under the Murray-Darling Basin Plan.
This case is the first of its kind: a legal challenge to Basin Plan projects designed to avoid recovering water for rivers, wetlands and floodplains.
“The Murray River can’t speak for itself, so we’re going to court to protect it.”
Jacquie Kelly, Chair of Friends of Nyah Vinifera Park, says the group felt compelled to act when it became clear the project approval lacked proper scrutiny:
“The Victorian government wants to spend millions of dollars to build massive levees, regulators and pump stands, instead of simply giving the river the water it needs to flow naturally."
Nicole McKay, another member of the group, warned of the irreversible damage that could follow.
“Once the damage is done, there’s no going back. We’ve seen what happens when rivers are engineered like this – blackwater, toxic algae, and mass fish deaths.”
Wati Wati Traditional Owner and group member Vince Kirby emphasised the deep cultural, ecological and spiritual connections at stake.
“The health and wealth of everything is connected here: people, trees, water, bush medicine, burial and other special places,” he said. “We’ve already seen enough destruction; we don’t need any more.”
An ecosystem under pressure
If the case is successful, it could force the Victorian government to consider alternative ways to return water to the environment – rather than reshaping it with concrete and steel.
Environmental Justice Australia lawyer Nicola Silbert says the project deserves far greater scrutiny than it has received to date:
“Our client is deeply concerned this is a major artificial engineering project in a fragile wetland that needs proper environmental scrutiny and consideration of other options available.”
Across the Murray-Darling Basin, floodplains are critical ecological zones. They rely on natural flooding to stay healthy, supporting fish breeding cycles, bird migrations and ancient forest ecosystems. Rather than enabling this natural process, the Victorian government has approved four major floodplain projects involving infrastructure to mimic flooding while holding back environmental water.
One of those projects – Burra Creek – was recently withdrawn after Victorian Planning Minister Sonya Kilkenny found it would cause unacceptable damage, including the loss of ancient trees and threats to endangered species.
The river needs real water – not more infrastructure
In contrast to Victoria’s approach, other states are beginning to remove infrastructure that obstructs natural river flows. Friends of Nyah Vinifera Park says this is the direction Victoria should follow.
Wati Wati Traditional Owner and group member Vince Kirby, appeals to reason:
“What's the good of revegetating alongside our creeks if the water all goes out of there? We all want to help these abused places return to thriving.”
Established in 1996, Friends of Nyah Vinifera Park is a Swan Hill-based community group working to protect river red gum and black box wetland forests and the wildlife that depend on them. The group works closely with Wati Wati Traditional Owners to care for Country and protect cultural heritage.
This case represents a critical moment in the fight to restore Australia’s largest river system – and to ensure environmental decisions put ecosystems, communities, and Country first.
Support the case
Taking on a major project of the Victorian government is no small feat for a grassroots community group like Friends of Nyah Vinifera Park, but they believe they have no choice.
In going to court, they hope to protect the fragile floodplain at Nyah, and set a precedent to protect the river and its floodplains from all projects like this.
Nicola Silbert is a senior lawyer at Environmental Justice Australia, where she defends forests, scrutinises land clearing approvals, and uses the law to fight for stronger protections for nature across the country.
Before joining EJA, Nicola worked at the Environmental Defenders Office in the ACT and as a researcher to the Chief Judge of the Land and Environment Court of NSW.
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