Activating First Nation Water Rights Learnings from the Cape York Water Plan

The Development in the Tropics Team (DitT) within the Cairns Institute is leading a project to understand the opportunities and constraints to First Nation peoples unlocking water rights as part of the Cape York Water Plan 2019. The project was developed in partnership with the Cape York Land Council and the Northern Australia Indigenous Land and Sea Management Alliance. Other partners involved in the project include the Queensland Department of Regional Development Manufacturing and Water, Department of Agriculture Fisheries and Forestry, Balkanu Cape York Development Corporation and Water Trust Australia.

The Cape York Water Plan 2019 set aside 485,300 megalitres of water for First Nation’s peoples in Cape York. However, the historical absence of water rights for Cape York Aboriginal people has meant that opportunities based on these rights have never been considered or pursued by Aboriginal people and their organisations. As a result, First Nation water rights on Cape York have remained inactive, opportunities have not been understood or realised and economic disadvantage persists.

The project is identifying opportunities for the use of these water rights by eligible First Nations including for economic purposes including agriculture, energy, mining and aquaculture as well as potential uses for municipal water supplies and through developing ecosystem service markets for water as part of the Australian Governments Nature Positive Plan. The project is also identifying barriers to activating water rights including capacity and legislative constraints within the system.

These opportunities and constraints are being fleshed out through a situation analysis report to be produced in 2024 and catchment case studies. The project will finally development a Cape York Water Plan Manual that will support eligible First Nation organisations to understand the opportunities available to them from their water rights, how these can be activated through licencing for their own use or though leasing to third parties. Developing structures and process to facilitate free, prior and informed consent of First Nations peoples in relation to the activation and use of their water rights is a central challenge the project is investigating. The outcomes of the project will therefore be relevant to other areas of planning and decision making where FPIC is required.

Further information about the project is available from Dr Jim Turnour email jim.turnour@jcu.edu.au.