The Northern Territory government has announced a significant move to review third-party merits review processes, aiming to streamline project approvals and boost economic growth.
This decision, welcomed by the Minerals Council of Australia (MCA), comes as part of a broader effort to attract investment and secure the Territory’s economic future.
Minister for Lands, Planning and Environment, Joshua Burgoyne, introduced the Petroleum, Planning and Water Legislation Amendment Bill 2025 in Parliament on February 12, 2025.
The bill seeks to remove the ability for third parties to seek merits review of decisions made under key legislation, including the Petroleum Act 1984, Planning Act 1999, and Water Act 1992.
“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,” Burgoyne stated.
The government argues that this move will replace “lawfare” with certainty, providing greater consistency across legislation and boosting investor confidence.
Cathryn Tilmouth, Executive Director of MCA NT, expressed strong support for the government’s initiative.
“The MCA strongly supports the Chief Minister’s focus on delivering ‘action, security, and certainty’ for the mining industry and project approvals,” she said.
Tilmouth emphasised that these principles are essential for ensuring confidence in the NT’s regulatory framework and attracting investment.
The minerals sector plays a crucial role in the Territory’s economy, contributing $4.32 billion and accounting for approximately 13 per cent of the gross state product.
It also provides around 4,000 jobs and supports community investment in remote areas.
However, the industry faces challenges as several key mining operations are set to reach the end of their lifespan by the end of this decade.
Tilmouth stressed that “timely approvals of new projects will be critical to sustaining jobs, royalties, and long-term economic growth”.
The MCA supports the government’s objective to reduce unnecessary delays while maintaining rigorous regulatory oversight.
Tilmouth noted that the current system allows third-party reviews to be lodged at minimal cost while significantly increasing financial and operational burdens on project proponents.
Critics of the current system argue that delays caused by third-party reviews can potentially reduce the value of a major mining investment by up to 13 per cent for each year of delay.
The government and industry stakeholders believe that streamlining the approval process will boost confidence, attract investment, and create more jobs in the Territory.
As the bill moves through the legislative process, it is expected to generate significant debate about balancing economic development with environmental and community concerns.
The government has stated that the changes will not apply retroactively, meaning any third-party merits review processes already underway will continue.
With this bold move, the Northern Territory government aims to position itself as a competitive destination for investment, particularly in the mining sector, which is seen as crucial for the Territory’s economic future.
