FEDERAL COURT CASE
The Murray floodplains case
Community group challenges artificial engineering project in fragile floodplains
For decades, the Friends of Nyah Vinifera Park have cared for the floodplain forests and wetlands along the Murray River.
But now, a Victorian government water authority wants to artificially engineer the floodplain at Nyah near Swan Hill, and build levy banks, concrete regulators, and pump stands to irrigate these fragile and much-loved ephemeral wetlands.
Why is this case necessary?
The Murray River is the lifeblood of our ancient landscape. Winding across five States, the Murray and Darling/Baaka rivers nourish a vast network of tributaries, creeks, wetlands, and floodplains.
These floodplains hold deep spiritual significance for Traditional Owners, are vital for native animals and plans, and are a sanctuary for the community to rest and enjoy.
After centuries of manipulation to the river's natural flows, these floodplains now struggle to survive. But, instead of restoring the river, the Victorian government is proposing more artificial intervention.
A Victorian government water authority wants to artificially engineer the floodplain at Nyah near Swan Hill, and build levy banks, concrete regulators and pump stands to irrigate these fragile and much-loved ephemeral wetlands.
Why? To justify reducing the amount of water for the environment under the Murray Darling Basin Plan.
The government plans to pump in just enough water to keep select parts of the floodplain on life support. While some floodplains and wetlands will be artificially given the water they need, other places will miss out on getting any water.
These major artificial engineering works will permanently interfere with the hydrology and ecology of the river, with huge levy banks and steel and concrete regulators. They will also destroy the habitat of rare and threatened wildlife like regent parrots, Murray cod and silver perch.
They’ve seen the fallout from projects just like this elsewhere: blackwater, blue green algae, catastrophic fish deaths. Fish can’t swim up a pump.
This project is just one of several major floodplain engineering projects currently in the pipeline.
Our client is deeply concerned that this major, multi-million dollar project will cause significant damage and permanently scar the landscape.
The community and Traditional Owners have spoken up, written letters, asked for meetings, sent submissions, conducted research, protested and expressed concerns.
They’ve done everything they can to bring Australia’s most important river system back to health.
Going to court is a last resort, but the Friends of Nyah Vinifera Park feel they have no choice.
Meet the client
Friends of Nyah Vinifera Park is a small community action group based in Swan Hill. It is made up of traditional owners, farmers, birdwatchers, irrigators, fishers, campers, and concerned citizens.
For decades, the group has protected the river red gum and black box wetland forests and their flora, fauna and ecological values.
The group aligns closely with Watti Watti traditional owners to achieve their aspirations around land, water and culture.
You can help this community group get to court by chipping into Friends of Nyah Vinifera Park’s crowdfunder.
The case
Our clients are challenging the Victorian government’s project in the Federal Court, arguing that the project was unlawfully approved under Australia’s environment laws.
If the case is successful, it could force the federal government to consider different ways of providing more water for the environment.
The community group argues approval for this project under the EPBC Act was flawed and unlawful. They are concerned it will be locally damaging and mean that there will be less water for the Murray-Darling's unique and precious floodplains.
The group argues the major “water offset” artificial engineering project proposed by Lower Murray Water (a state government water authority) as part of the Murray Darling Basin Plan was unlawfully approved under Australia’s environment laws.
Our client hopes this project will be properly scrutinised for its risks to the river and fragile wetlands. They hope this case will set a precedent that protects the Murray River from other risky, expensive and damaging artificial engineering projects.
Our client wants the Victorian and federal governments to deliver real environmental water to these floodplains, rather than making up ‘paper water’ with tricky accounting.
Our clients say this should happen through natural flooding and water allocated to environmental flows.
“We want real wetland flooding rather than uber-engineering projects that won’t achieve the good environmental outcomes.”
– Jacquie Kelly, Friends of Nyah Vinifera Park president
Our clients' vision: the Murray River flowing free
The Murray floodplain at Nyah – near Swan Hill on Watti Watti Country – is a culturally, ecologically and spiritually important place for traditional owners. It’s home to rare and threatened wildlife and a place for the community to rest and play.
These Murray River floodplains need to be intermittently inundated with water: they are an essential breeding and feeding habitat for rare and threatened birds, waterbirds, fish, frogs insects and plants. To remain healthy, they need to be alternately wet and dry.
“If they put in pump sites and other structures, they will own the locations they build them on. It’s an ongoing dispossession, of our land and our water.”
– Brendan Kennedy, Murray Lower Darling Rivers Indigenous Nations (MLDRIN) spokesperson
Photos: Doug Gimesy
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