Laramba residents' court battle with NT government over uranium levels in drinking water hits roadblock
Residents from a remote NT community are suing the territory government over claims it failed to reduce uranium levels in their drinking water. (ABC News: Isabella Higgins)
In short:
Residents from the remote community of Laramba are suing the NT government over claims it failed to deal with uranium in their drinking water of a period of years dating back to 2010.
Lawyers for the residents want the case to be transferred from the Supreme Court to the Federal Court but the Chief Executive Officer (Housing) has opposed that application.
What's next?
Chief Justice Michael Grant will make a decision over whether the case can be transferred to the Federal Court.
An almost 10-year fight by residents of a remote Northern Territory community to sue the government over claims of unsafe drinking water and poor housing conditions has hit another roadblock.
Five residents from the remote Central Australian community of Laramba — 200 kilometres north-west of Alice Springs — are suing the Chief Executive Officer (Housing) (CEOH) for failing to provide a safe supply of drinking water over a 13-year period between 2010 and 2023.
The residents say the water in their homes had contained levels of uranium more than double what is deemed safe by Australian Drinking Water Guidelines.
Lawyers for Laramba residents have applied for the case to be transferred to a higher court, but the move has been opposed by the CEOH, which is fighting to have the claim halted.
The small Indigenous community of Laramba is north-west of Alice Springs. (ABC News: Chris Taylor)
Alleged failure to reduce uranium levels in drinking water
Documents filed to the Supreme Court in January that set out details of the claim include allegations the CEOH failed to address harmful levels of uranium in the town's drinking water.
"During the Relevant Period, CEOH took no steps to reduce the uranium concentration in water coming from taps or any tap in the Residences," the documents states.
According to the document, water is deemed safe to drink if it contains less than 0.02 milligrams per litre of uranium, as recommended by the National Health and Medical Research Council's Australian Drinking Water Guidelines.
Data included in the document suggests the concentration of uranium in the water coming from the borehole to Laramba reached more than double that level in 2022.
In 2022, uranium levels in Laramba's drinking water were more than double the recommended maximum. (ABC Alice Springs: Charmayne Allison)
In 2019, the concentration of uranium in the water from a tap at each of the residents' homes was between 0.049 and 0.05.
"[Residents experienced] disappointment or distress, including from learning of the risk of injury to their own health, and those of the family members who lived or had lived with them," the document stated.
The document claimed residents were forced to walk to and from the only store in Laramba, which was open for a few hours each day, to buy bottled water.
The issue has been rectified in recent years after a water treatment facility was commissioned and installed by the Power and Water Corporation to supply safe drinking water to all homes in Laramba in early 2023.
Uranium levels in Laramba's drinking water have been reduced after a water treatment facility was installed in 2023. (ABC News: Xavier Martin)
CEOH accused of 'playing silly games'
Lawyers for Laramba residents lodged an application to have the case transferred to the Federal Court.
The CEOH pushed back, arguing the application was an abuse of power in light of an ongoing remote housing class action, also in the Federal Court, involving the Laramba community.
Barrister for the CEOH Trevor Moses argued the Supreme Court was the "most suitable" court to hear the case, describing the claim as having a "uniquely Territorian subject matter".
"These are residents of the Northern Territory, who are bringing claims in relation to premises in the Northern Territory, complaining about the conduct of the statutory corporation in the Northern Territory," he said.
Mr Moses also argued the case should be paused due to an ongoing class action lawsuit, due to begin in October, which deals with the standard of living in remote NT communities, including Laramaba.
Lawyers for Laramba residents argued in the Supreme Court that their client's case should be transferred to the Federal Court. (ABC News: Che Chorley)
During a heated argument in the Supreme Court on Wednesday, lawyers for the CEOH were accused of "laying traps" and attempting "block" residents from progressing their claim.
The barrister representing the residents, Matthew Albert, told Chief Justice Michael Grant "pragmatic solutions" had been on the table to address concerns raised by the CEOH but they were ignored.
"These are just silly games," he told the court.
Mr Albert claimed the CEOH was attempting to "block" residents who had "been trying to seek relief for seven years for the very thing they still can't seek relief for".
Chief Justice Michael Grant did not hand down his decision on Wednesday but said he understood there was "urgency" and would finalise his decision as soon as possible.