The Cape York Water Project is a partnership involving Indigenous peak bodies, Queensland Government agencies, Water Trust Australian and James Cook University working to activate Indigenous water rights under the Water Plan (Cape York) 2019. The Cape York water plan allocates 485,300ML of water across 15 river catchments to eligible Aboriginal corporations. To date these water rights have not been realised. Through a situation analysis report and case studies the research is exploring a range of opportunities to utilise this water or lease it to third parties including for agriculture, mining, municipal water and through ecosystem service markets.
There are, however, significant governance and planning approval challenges to activate these water rights. These include complex First Nation governance structures with limited capacity holding these water rights because of how land tenure and native title has been resolved. To address these challenges case studies are exploring how water rights can be activated respecting FPIC processes through First Nation rebuilding. These governance systems reforms are informed by the work of the Australian Indigenous Governance Institute and experiences from international First Nation rebuilding projects.
There are also significant statutory constraints preventing the activation of water rights including the vegetation management act, state planning policies and local government planning restrictions. Statutory reforms needed include the declaration of Indigenous Community Use Areas under the Cape York Peninsula Heritage Act, amendments to local government planning schemes, and the recognition of FPIC processes in approvals. These governance and statutory reforms would enhance Cape York Aboriginal communities' ability to activate their water rights while ensuring sustainable development and cultural integrity. The results of the situation analysis and case studies is informing the development of a Cape York Water Plan Manual to support First Nations peoples activate their water rights.