Lorella Springs tourism permit set aside, but court leaves a fresh assessment open

The Federal Court has set aside the tourism permit for Lorella Springs Wilderness Park in the Northern Territory and ordered the Pastoral Land Board to reconsider the application according to law. The 13 November decision is a significant result for native title holders, but it does not permanently prohibit tourism or cancel every approval connected with the property. The separate water licence was upheld.

Justice Natalie Charlesworth found the board had exceeded its jurisdiction when it approved tourism over about 60,000 hectares, a substantially larger area than the application sought. She also identified the absence of a comprehensive environmental assessment of the full area and a failure to give native title holders procedural fairness. The board must now make a lawful new assessment; that process could still result in another permit.

The roughly 400,000-hectare cattle station is about 1,000 kilometres from Darwin and contains sacred, burial and ceremonial places. Owners Marie and Rhett Walker had operated accommodation, fishing, swimming, helicopter tours and a bar over about two decades. Most general visitors have been excluded since January 2023, although selected guided tours have continued. The owners have previously said administrative burdens made wider operations unsustainable.

The 2022 application described farm-tourism operations and said Aboriginal sites would be avoided. In 2025th e Northern Land Council challenged the permit and Rosie Creek water licence on behalf of Burdal Riley, Murrungun Wunubari and Mambali Walangara native title holders. Their concerns covered sacred sites, environmental effects and whether the proposed activities could lawfully proceed as farm tourism.

A mixed judgment, not acceptance of every challenge

The judge considered 12 grounds. She rejected the argument that the activities lacked the pastoral connection required by section 24 GB of the Native Title Act, finding they fell within farm-tourism activities. She also rejected the claim that the permit itself authorised observation of Aboriginal cultural works or activities. Although she accepted evidence of hurt and distress, the legal question concerned what the board authorised, rather than feared future unauthorised conduct. On water, she was not satisfied the extraction would affect native title holders' access.

NLC chair Matthew Ryan called the outcome a hard-fought win and said protection of sacred places requires working with their custodians. Native title holder Rex Isaac said he was willing to work with the station owner if engagement ensured visitors avoided places they should not enter. The NT government said it would carefully consider the decision. The immediate outcome is therefore a fresh decision-making process, not a confirmed reopening date.