NT Mining and Water Operators Must Give More Info; Binding Promises to Fix Damage Can Stop Prosecution; Water Plans Must Save Water for Aboriginal Use

Environment and Water Legislation Amendment Bill 2026

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Introduced by: The Hon Joshua Burgoyne MLA (CLP) — Minister for Corporate and Digital Development, Minister for Lands, Planning and Environment, Minister for Water Resources

Effects of this bill

If this bill passes, it means that:

Environmental officers can now require mining licence holders to provide information or documents. They can also tell the holder how to format that information and set a reasonable deadline for it.
The Minister for Mining must follow a 'show cause' process before consolidating licences or terminating an exemption assessment. This lets mining operators explain why the action should not be taken.
Mining operators who are appointed for the same mineral and activity at one site are now jointly and severally liable for all legal duties. This means responsibility is not divided between them.
The Water Controller can now accept 'enforceable undertakings'. These are binding promises from a person to fix a breach, remediate damage, or publish a notice of the contravention.
If a person has an active enforceable undertaking for a water-related offence, prosecutors cannot start or continue legal proceedings. If the undertaking is followed, the Water Controller must stop any prosecution.
The Supreme Court can issue enforcement orders if a person breaks a water-related undertaking. The court can order the person to comply, pay for the cleanup, or pay compensation to others.
Giving an enforceable undertaking for a water-related offence is not an admission of guilt.
Legal proceedings for water offences must generally start within 12 months of the offence or when the Water Controller finds out about it. If an undertaking was revoked, the limit is 6 months after the revocation.
The Water Controller must now give a 'show cause' notice and consider the response before terminating a water extraction licence application. Applicants can apply to the Northern Territory Civil and Administrative Tribunal (NTCAT) to review a termination decision.
The Water Controller can now order a licence applicant to provide more information, which pauses the official decision time limits.
Water allocation plans must now include reserves for Aboriginal use if the area contains eligible land. The Water Controller cannot approve the transfer of water from an Aboriginal water reserve unless the buyer and seller meet specific eligibility and agreement rules.
Failing to notify the Water Controller of certain offences now carries a fine via an infringement notice.
The NT EPA can now accept 'enforceable undertakings' for waste and pollution offences. While these promises are in force, prosecutors cannot start or continue legal proceedings.
The Supreme Court can issue enforcement orders if a person breaks a waste and pollution undertaking. The court can order the person to fix the harm, pay the NT EPA's costs, or pay compensation to others.
Legal proceedings for waste and pollution offences must start within 12 months of the NT EPA becoming aware of the offence, or within 6 months after an enforceable undertaking is revoked.
Individuals must provide requested information to the NT EPA even if it might incriminate them. While this information cannot be used directly as evidence against the individual in court, the NT EPA can use it to find other evidence that can be used against them.
The NT EPA can now appoint authorised officers by naming a specific person or a whole group of people.
People who fail to notify the NT EPA about certain regulated activities face an environmental offence level 4 penalty.
The NT EPA can now suspend or cancel a licence if the holder breaks the law, creates a pollution risk, or stops doing the licensed activity.
The court can now order a person found guilty of a waste or pollution offence to create a compliance plan.
People who make public submissions about heritage places or objects no longer have the automatic right to appeal the Minister for Heritage's decisions to declare or revoke heritage status.
Some decisions under the heritage laws are no longer reviewable.
One unnamed Act is completely removed from the law.