The High Court of Australia is considering whether the NT government acted lawfully when it granted one of Australia's largest groundwater licenses to the owner of a cattle station around 390km north of Alice Springs.
The licence authorises horticultural venture Fortune Agribusiness to extract 40 gigalitres of groundwater at Singleton Station every year for 30 years, to develop one of the nation's biggest fruit farms on the arid cattle property.
40 gigalitres over 30 years is equal to 8000 Olympic-sized swimming pools, or two Sydney Harbours' worth of water.
Traditional Owners argue it risks permanently damaging an ancient aquifer, community water supplies, and dozens of sacred sites.
Alyawarr Traditional Owner Frankie Holmes said water is central to people’s identity and survival.
"Without water, we finish,” Mr Holmes said.
“It’s just not replaceable. It must be looked after. Our body and our blood and everything depends on water," he said.
The High Court appeal
Key issues under consideration in the appeal include whether the NT Government properly justified granting a 30-year licence, instead of the standard 10-year term.
The court will also consider whether Aboriginal cultural values were adequately considered and whether native title holders were denied procedural fairness, including the opportunity to review and comment on licence conditions affecting cultural values.
Singleton Station lies on Kaytetye country, owned under Native Title by four landholding groups since 2010.
Traditional Owners say they maintain a spiritual and cultural obligation to protect and care for the Country, including at least 40 groundwater-dependent sacred sites at Singleton Station.
They argue a loss of water on the scale of the granted licence would cause irreversible cultural, environmental, spiritual, and cultural harm.
“Looking after land and Country, especially sacred trees, is very, very important for us.
"Ancestors hand it over to us to look after these waters and these lands. This is important to keep it going and for us to keep passing it on," Mr Holmes said.
The five-year legal battle
In April 2021, the Northern Territory Government granted Fortune Agribusiness the right to eventually extract 40 gigalitres of water a year from Singleton Station, for free.
The government and Fortune Agribusiness say the environment won’t be impacted.
Environmental groups, residents and Traditional Owners expressed concern over the science behind the decision, and question the effectiveness of the Northern Territory’s water laws.
In February 2022, Mpwerempwer Aboriginal Corporation, represented by the Central Land Council, took court action against NT Minister Kate Worden's decision to grant the licence.
They argued the decision was invalid as it did not comply with the NT Water Act and did not properly consider Aboriginal cultural values.
In Janurary 2024, the NT Supreme Court dismissed the legal challenge and in September 2025 the High Court granted Traditional Owners leave to appeal that decision.
This week, a group of six native title holders representing the Mpwerempwer Aboriginal Corporation travelled to Canberra to make their case to the High Court.
Mpwerempwer director Dawn Swan said the High Court’s decision to hear the case gave her hope.
“Finally, someone is listening. I am very happy. We have people living on the land and this is their dream to stay here for future generations,” Ms Swan said.
“This has been a long journey, and we will continue to fight for our sacred sites and culture,” she said.
