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?

by Alex Gardner (Author) , Richard Bartlett (Author) , Janice Gray (Author) , Rebecca Nelson (Author)

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Book:Paperback
ISBN/ISSN: 9780409337945
Release Date: December 01, 2017
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AUD$ 296.00
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eBook:ePub
ISBN/ISSN: 9780409337952
Release Date: December 01, 2017
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AUD$ 296.00
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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

Related Titles

Hunter T and Chandler J, Petroleum Law in Australia, 2013

 

Featured Authors

Alex Gardner
Richard Bartlett
Janice Gray
Rebecca Nelson

Alex Gardner

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.

View all books by Alex Gardner (1)

Richard Bartlett

Richard Bartlett is an Emeritus and Adjunct Professor of Law in the School of Law and Chair of the Centre for Mining, Energy and Natural Resources Law at The University of Western Australia. He teaches mining law, resources law and native title at undergraduate, postgraduate and professional levels. His recent research has encompassed native title and resource development in Australia, and First Nation land rights in Canada. He appeared before the High Court in several leading Australian native title cases and his writings have been cited by the High Court of Australia and the Supreme Court of Canada.

View all books by Richard Bartlett (2)

Janice Gray

Dr Janice Gray is a Solicitor of the Supreme Court of New South Wales and an Honorary Associate Professor in the School of Private and Commercial Law, Faculty of Law and Justice, at the University of New South Wales, Sydney where she was formerly a full time academic for many years.

View all books by Janice Gray (2)

Rebecca Nelson

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.

View all books by Rebecca Nelson (1)

Table of contents

Part 1 – Australian Water Resources and Water Access Policy
 

     
  1. Defining Water Resources in Australia

    2.  
  2. Historical Development of Water Access Rights and Legal Models for Sharing Water Resources

    3.  
  3. National Water Law Reform Policy

    4.  
  4. Objectives and Principles of Water Resources Law

    5.  

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

     
  1. The Constitutional Framework for Water Resources Management

    2.  
  2. The Administrative Framework of Water Resources Management

    3.  
  3. Interstate Arrangements

    4.  

 Part 3 – The Nature of Water Access Rights
 

     
  1. Common Law Rights to Water

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

    3.  
  3. The Problems of the Common Law

    4.  
  4. The Common Law Problems

    5.  
  5. Contemporary Access Entitlements

    6.  
  6. Native Title and Indigenous Access to Water

    7.  

 Part 4 – Water Resources Planning
 

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

    2.  
  2. The Water Resources Planning System

    3.  
  3. The Content of a Plan

    4.  
  4. The Legal Effect of a Plan

    5.  

 Part 5 – The Administration of Access Entitlements
 

     
  1. Defining Entitlements

    2.  
  2. Powers and Procedures for Issuing Access Entitlements

    3.  
  3. The Determination of Applications

    4.  
  4. Rights and Obligations Conferred by Access Entitlements

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

    6.  

 Part 6 – Water Trading
 

     
  1. The Object of and Rationale for Transferability

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

    3.  
  3. Contemporary Transferability 

    4.  

 Part 7 – Conclusion on Sharing Water Scarcity in Australia
 

     
  1. The Australian Model of Water Access Rights 

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

    3.
 

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