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Water Resources Law, 2nd edition (eBook)

Water Resources Law, 2nd edition (eBook)

Gardner, A; Bartlett, R; Gray, J; Nelson, R, 2017

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eBook 9780409337952 $252.00
Book 9780409337945 $252.00

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How does Australian water resources law provide for the management and sharing of water resources between human uses and sustaining ecosystems?


Format: ePub


Now in its second edition, Water Resources Law is a book about how over the past twenty years Australian parliaments have undertaken a national program of fundamental law reform about water resources law to address the competing interests of humans and our ecosystems. The resultant state and territory legislation is the product of the most significant reforms since water resources statutes were first enacted over a century ago. The Commonwealth Parliament has entered the field of water resource management and, with the support of some state-referred legislative powers, has enacted a framework for the national oversight of water resources management, especially in the Murray-Darling Basin. The authors explain in practical terms how the new water resources legislation seeks to implement the national reform policies.

Completely reviewed and updated to include areas such as the emergence of water markets, the legislative amendments swirling around the adoption and implementation of the Murray-Darling Basin Plan, and the future of National Water Policy, Water Resources Law is an invaluable resource for practitioners, academics, environmentalists, students and anyone interested in tracing the legal history and policy development of these reforms.


Book Review - Law Institute Journal | August 2018


Important Features:

• A definitive and scholarly treatise
• Covers each Australian jurisdiction
• Authoritative and accessible
• Informative and analytical


Related Titles

Barlett, Native Title in Australia, 3rd edition, 2014
Bates, Environmental Law in Australia, 9th edition, 2016
Gullet, Schofield & Vince, Marine Resources Management, 2010 Hunter & Chandler, Petroleum Law and Policy in Australia, 2013


About the Authors

Alex Gardner is Professor, Faculty of Law, University of Western Australia and Adjunct Professor, The Australian Centre for Environmental Law at ANU. He is also a Barrister and Solicitor of the Supreme Court of Western Australia.

Richard Bartlett is Professor of Law, University of Western Australia and Director of the Centre for Mining Energy and Natural Resources Law, University of Western Australia.

Janice Gray is a Solicitor of the Supreme Court of New South Wales, Senior Lecturer, School of Law, UNSW Australia and an Affiliate of the Connected Waters Initiative Research Centre, UNSW Australia.

Rebecca Nelson is Senior Lecturer, Melbourne Law School, University of Melbourne, and a Fellow (Non-Resident) of the Stanford Woods Institute for the Environment. She is also a Barrister and Solicitor of the Supreme Court of Victoria.

Table of Contents

Part 1 – Australian Water Resources and Water Access Policy

1. Defining Water Resources in Australia
2. Historical Development of Water Access Rights and Legal Models for Sharing Water Resources
3. National Water Law Reform Policy
4. Objectives and Principles of Water Resources Law

Part 2 – The Constitutional and Administrative Framework of Water Resources Management

5. The Constitutional Framework for Water Resources Management
6. The Administrative Framework of Water Resources Management
7. Interstate Arrangements

Part 3 – The Nature of Water Access Rights

8. Common Law Rights to Water
9. State Declarations of the Vesting of Rights to Property, Use, Flow and Control of Water
10. The Problems of the Common Law
11. The Common Law Problems
12. Contemporary Access Entitlements
13. Native Title and Indigenous Access to Water

Part 4 – Water Resources Planning

14. An Overview of the History, Purposes and Effects of Water Resources Planning
15. The Water Resources Planning System
16. The Content of a Plan
17. The Legal Effect of a Plan

Part 5 – The Administration of Access Entitlements

18. Defining Entitlements
19. Powers and Procedures for Issuing Access Entitlements
20. The Determination of Applications
21. Rights and Obligations Conferred by Access Entitlements
22. Variation, Suspension and Cancellation of Entitlements and Claims for Compensation

Part 6 – Water Trading

23. The Object of and Rationale for Transferability
24. The Historic Non-Transferability of Water Access Rights in Australia
25. Contemporary Transferability

Part 7 – Conclusion on Sharing Water Scarcity in Australia

26. The Australian Model of Water Access Rights
27. The Mining and Petroleum Sectors and Water Access Rights [supplementary chapter online]

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