Legal stoush between Commonwealth and NSW over crucial water flows into Murray-Darling Basin avoided

A legal dispute between the Commonwealth and New South Wales (NSW) governments looked to see the suspension of vital environmental water flows into the Murray-Darling Basin but in mid-September, NSW rushed through legal changes to end the dispute.

The New South Wales government had suspended flows earlier this month amid uncertainty over whether environmental water counted as “take” under NSW rules. Scientists and conservationists warned the halt could damage wetlands and wildlife, including the Macquarie Marshes.

Under pressure from the federal government and environmental NGOs, the NSW government passed an amendment clarifying the law, allowing the Commonwealth to restart water releases.

“This means the rivers and wetlands of the Northern Basin will have beautiful fresh flows to nourish and soak the waterways for spring and to build resilience ahead of drier conditions,” one environmental group said in a message to supporters.

Campaigners credited public pressure, including more than 1,100 letters sent to state and federal governments, with helping to secure the fix.

Australian National University's Professor Jamie Pittock warned that the suspension of water flows posed potential risks to wetland areas and native species of fish and birds. Environmental watering occurs on a multi-year cycle, and missing this wet period could jeopardize critical ecosystems such as the Ramsar-protected Macquarie Marshes.

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