Water Resources Law, 2nd edition (eBook)

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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?

eBook
AUD$ 264.59
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ISBN/ISSN: 9780409337952

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

  1. The Constitutional Framework for Water Resources Management

  2. The Administrative Framework of Water Resources Management

  3. Interstate Arrangements


Part 3 – The Nature of Water Access Rights

  1. Common Law Rights to Water

  2. State Declarations of the Vesting of Rights to Property, Use, Flow and Control of Water

  3. The Problems of the Common Law

  4. The Common Law Problems

  5. Contemporary Access Entitlements

  6. Native Title and Indigenous Access to Water


Part 4 – Water Resources Planning

  1. An Overview of the History, Purposes and Effects of Water Resources Planning

  2. The Water Resources Planning System

  3. The Content of a Plan

  4. The Legal Effect of a Plan


Part 5 – The Administration of Access Entitlements

  1. Defining Entitlements

  2. Powers and Procedures for Issuing Access Entitlements

  3. The Determination of Applications

  4. Rights and Obligations Conferred by Access Entitlements

  5. Variation, Suspension and Cancellation of Entitlements and Claims for Compensation


Part 6 – Water Trading

  1. The Object of and Rationale for Transferability

  2. The Historic Non-Transferability of Water Access Rights in Australia

  3. Contemporary Transferability


Part 7 – Conclusion on Sharing Water Scarcity in Australia

  1. The Australian Model of Water Access Rights

  2. The Mining and Petroleum Sectors and Water Access Rights [supplementary chapter online]