The Petroleum, Planning and Water Legislation Amendment Bill, which was passed by the Legislative Assembly in February, removes the ability of third parties to seek so-called merits reviews.

Minister for Lands, Planning and Environment Joshua Burgoyne says third parties, with no stake in a project, are exploiting the legal process to deliberately sabotage
the Territory’s economy.

“For far too long, those opposed to the development of the Territory have weaponised the third-party merits review process, employing litigation to delay and disrupt investment in the Territory,” he says.

“This has stymied regional development, stalled job creation, and stolen employment and economic development from Territorians.

“This legislation will replace lawfare with certainty, provide greater consistency across legislation and give industry the confidence required to invest in the Northern Territory.”

Since 2020, there have been 18 third-party merits reviews related to decisions made by the independent Controller of Water Resources under the Water Act 1992. Almost all of these decisions were upheld after the third-party merits review process concluded.

“The cost to both the NT Government and proponents of these reviews is immeasurable in both time and money,” says Mr Burgoyne.

Examples of key Territory projects put on hold due to third-party merit reviews include Fortune Agribusiness’ horticultural development on Singleton Station which has been delayed for nearly four years since the original decision on the water extraction licence was made in April 2021.

More recently, two reviews were brought forward last year by organisations opposed to the development of the onshore petroleum industry in the NT.

“The most recent merit reviews have already cost the NT Government $50,000 in legal fees, and with
both reviews ongoing that cost is expected to rise,” Mr Burgoyne says.

“For proponents, the costs are even greater with scheduling delays, the costs for specialised equipment and missed revenue.”

Minister for Mining and Energy Gerard Maley says the change in law will provide greater certainty for key industries, including petroleum, mining and agriculture, which are critical to rebuilding the NT economy.

“This reform will prevent the disruption of projects that already meet regulatory requirements by those with ideological and outside agendas.

“Our reforms will slash red tape, reduce project costs and delays, while ensuring that project proponents and applicants retain their review rights and the common right to judicial review will remain.”

Mr Maley says delays caused by third-party merits reviews have significantly hindered Territory-building projects across the agricultural, mining and gas industries, with some projects remaining
in limbo for over six months.

“Such litigious behaviour and its economic consequences are devastating to investor confidence in the Territory, costing Territory taxpayers a myriad of employment opportunities and untold revenue,” he says. TQ