The case to protect water from coal seam gas infrastructure
The Narrabri Pipeline challenge
Legal action to protect vital water resources from the impacts of fossil fuel development.
In 2025, a volunteer community group from northwestern New South Wales, the Mullaley Gas & Pipeline Accord Inc (MGPA), challenged the federal government’s decision not to apply key water protections to the Narrabri Lateral Pipeline – a proposed 50km gas pipeline enabling Santos’ 850-well coal seam gas development near Narrabri and the Pilliga Forest.
Represented by Environmental Justice Australia, MGPA sought judicial review in the Federal Court, arguing the decision failed to properly apply the “water trigger” under national environment law.
In December 2025, the court dismissed their challenge, allowing the major gas infrastructure to proceed without fully scrutinising its impacts on water.
“Our community depends on clean, reliable water. And once that water is contaminated, it’s gone – you can’t unpollute a river and you can’t unpollute the Great Artesian Basin."“We’re urging the Government to make sure Australia’s water protection standards are iron-clad – because protecting water cannot be optional.”
— MGPA spokesperson Noni Wells.
What happened?
The water trigger is a safeguard under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). It requires additional scrutiny of coal seam gas projects likely to significantly impact water resources.
On 7 February 2025, the Environment Minister’s delegate determined that the Narrabri Lateral Pipeline was a “controlled action” due to its potential impact on threatened species – but did not apply the water trigger. The government reasoned that the pipeline was not “integral” to the broader gas project and therefore did not assess its potential water impacts.
MGPA challenged this reasoning in the Federal Court, arguing that this decision was legally flawed. They argued that the pipeline was integral infrastructure – because without it, gas from the 850 approved wells couldn’t be transported to the east coast.
The Court dismissed this argument in December 2025. The pipeline is set to proceed without assessment of its impacts to water under national environmental law. It’s proposed to cross through Gomeroi Country, the Pilliga Forest and productive farmland.
MGPA says the ruling in this case highlights a serious flaw in Australia’s environmental protections: this gas pipeline can be separated from the gas project it will be built to serve – meaning its water impacts may never be fully scrutinised.
About the client
The Mullaley Gas & Pipeline Accord (MGPA) is a volunteer community group based in the Namoi region of northwestern NSW, a productive agricultural area reliant on clean, reliable water.
For more than a decade, MGPA has advocated for the protection of the environment, agricultural productivity and communities of the Namoi catchment for present and future generations. MGPA is deeply concerned about the long-term risks of high-pressure gas infrastructure on water resources throughout the Namoi catchment.
What was the case about?
Under national environmental law, the water trigger requires additional scrutiny of projects Under national environmental law, the water trigger requires additional scrutiny of projects that:
- Involve unconventional gas development (such as coal seam gas), and
- Are likely to have a significant impact on a water resource.
MGPA argued that the pipeline is integral to the Narrabri gas project and could significantly affect creeks, groundwater systems and aquifers that support farming and ecosystems in inland NSW.
But the Minister’s delegate excluded the pipeline from water trigger scrutiny – deciding it wasn’t integral to the broader project. MGPA asked the Court to rule that this was an error of law.
— MGPA spokesperson Noni Wells.
"We rely on clean, reliable water to grow food and sustain our communities."
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