Water Resources Law, 2nd edition

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

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AUD$ 252.00
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ISBN/ISSN: 9780409337945

Product description

Over the past twenty years Australian parliaments have undertaken a national program of fundamental law reform 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 . 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 2013 Intergovernmental Agreement on Implementing Water Reform in the Murray-Darling Basin, and the future of National Water Policy, this second edition of 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.

 

Important Features:

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

 

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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]