Emma Garlett: Pulling the plug on water use shake-up is a missed opportunity

Recently the WA Government announced it would no longer reform the State’s outdated water laws. This announcement means plans to consolidate the six acts of Parliament that govern the take and use of water in this State have been scrapped. It’s not the first time the Cook Government has pulled the pin on progressive, future-focussed law reform. We all know too well the Cultural Heritage Act debacle, which wound up with the Act’s repeal. The Government says this new decision follows feedback from water users and stakeholders. Maintaining the status quo here is a loss for our future. There is a need to modernise our water laws to include measures to ensure water use is sustainable, helping us to mitigate the effects of climate change and enable effective community participation including with traditional owners in an increasingly water-scarce world. But with the law reform taking a back seat, we need to find a way to address future needs. There is a bigger picture that must be considered which means including traditional owners in commercial water use arrangements. Water laws are some of the most important pieces of legislation in the State. Despite this, our present laws are not fit for purpose. In 2022 I wrote that the State’s water laws need to be updated to include Indigenous rights. And in 2023, again, I reiterated law reform must reflect the sacred cultural significance of this most important resource. Now, with the reform process scrapped, we find ourselves back at the start. The failure of the Government to reform the law to be inclusive of Indigenous interests in disheartening. Where does this leave us? Indigenous land use agreements concerning water are one-way traditional owners can be involved in the water economy. Currently, there are two publicly available ILUAs that outline clauses concerning water for traditional owners — the Tjiwarl Palyakuwa Indigenous Land Use Agreement and the Yamatji Nation Indigenous Land Use Agreement. These ILUAs should be looked to for best practices and be built upon by traditional owners for future agreements. The importance of water should not be underestimated. I have spent the past few days driving from the Kimberley and through the Pilbara to get back home to the Midwest. The rich red dirt, the flora and fauna and the heat reaching the mid-40s make you realise the importance of sustainable water use in the Pilbara. The dewatering of groundwater aquifers to access orebodies must be done in a sustainable way which allows opportunities for traditional owners to be involved. With the Government scrapping the reform, it is now more important than ever for water users such as mining companies to step up and include Indigenous people to sustainably use water. Recently I co-published research with Dr Sarah Holcombe out of the University of Queensland’s Sustainable Minerals Institute outlining what needs to happen now; what Traditional Owners can do, and should be enabled to do, what companies can do and what the Government should do. Mining companies have an opportunity before them to include traditional owners in their commercial water use. It is a practical solution that if utilised will ensure their water use is sustainable and inclusive. This can happen without law reform.