Analysing the representation of ecosystem services and Indigenous well-being in the mining legislation of the Northern Territory, Australia: Opportunities for policy reform

Mining is a major driver of the economy in Australia, predominantly occurring on Indigenous lands, impacting the socio-economic, cultural, and spiritual values of people living in or with mining landscapes. This overlap necessitates a policy framework that balances the state’s economic interests with those of Indigenous peoples, their cultural values, and environmental protection. In the Northern Territory (NT), a northern jurisdiction of Australia, where mining is a major economic activity, this paper analyses mining-related legislation with reference to ecosystem functions, services, and Indigenous well-being by conducting a qualitative content analysis of eight legislative documents and four strategic plans. An assessment of how provisioning, regulating, and cultural ecosystem services (ES) were acknowledged in legislative and strategic documents that intersect with mining activities in the NT found only partial recognition of provisioning and cultural services, such as freshwater and sacred sites, while regulating services and a majority of cultural/spiritual services remained largely absent. Although the legislative documents referred to principles such as sustainable development and Indigenous stewardship, the policies often fell short of aligning with Indigenous peoples’ relationship with land and considering their well-being. Strategic plans promoted benefit-sharing but offered limited procedural guidance on Indigenous-led development or post-mining rehabilitation. This study argues that reforming existing policy frameworks to incorporate Indigenous-defined ES and well-being indicators, beyond conventional environmental assessments, could strengthen coherence across legislative instruments and better support post-mining futures that reflect Indigenous values.