The Finocchiaro CLP Government is taking immediate action to eliminate lawfare that is holding back the Territory's economy by introducing the Petroleum, Planning and Water Legislation Amendment Bill 2025 in Parliament this week.
The Petroleum, Planning and Water Legislation Amendment Bill 2025, will remove the ability for third parties to seek merits review of decisions made under the Petroleum Act 1984, Petroleum (Environment) Regulations 2016, Planning Act 1999, Planning Regulations 2000 and the Water Act 1992.
Minister for Lands, Planning and Environment, Joshua Burgoyne, said the Bill would prevent third parties, with no stake in a project, from exploiting the merits review 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," said Mr Burgoyne.
"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," said Mr Burgoyne.
Mr Burgoyne said examples of key Territory projects put on hold due to third party merit reviews included Fortune Agribusiness' horticultural development on Singleton Station which has been delayed for nearly 4 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," he said.
"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 said the Bill, once passed and assented to, would provide greater certainty for key industries, including petroleum, mining and agriculture which are critical to rebuilding the NT economy.
"This Bill strikes the right balance between a rigorous regulatory environment, and one that removes roadblocks to investment," he said.
"The existing legislative framework is already robust, and 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 said delays caused by third-party merits reviews had 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 said.
"The Bill our government is introducing supports economic growth, strengthens investor confidence, and reaffirms our government's commitment to harnessing the Territory's potential to rebuild our economy."
The Petroleum, Planning and Water Legislation Amendment Bill 2025 Bill is expected to be passed in the March Sittings and will not apply retroactively, meaning any third-party merits review processes already underway will continue.
