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A detailed study of the engagement of state law with indigenous rights to water in comparative legal and policy contexts.
This book analyses water allocation law and policy in New Zealand and offers a comparative analysis with Australia. In New Zealand, it is generally accepted that water allocation law has failed to be adequately addressed and New Zealand is now faced with the problem of over-allocation in many catchments. In comparison, Australia has extensive experience in reforming its water law and policy over the last 20 years. This book provides a comparative and critical analysis of the lessons that New Zealand can learn from the Australian experience and offers guidance for the improvement of water allocation outcomes in New Zealand. Starting with the background of water allocation law and policy in New Zealand, the book traces the evolution of legal policies, including the 1967 Water and Soil Conservation Act and the 1991 Resource Management Act, and examines the role they have played in current water allocation issues. The book situates these findings within global challenges, such as the impact of climate change, and the global scarcity of and increasing demand for freshwater resources. This book will be of great interest to students and scholars researching water law and policy, natural resource management and environmental law more broadly. It will also be of use to policy makers and professionals involved in developing and implementing water allocation laws and policies.
Water Act 2007 (Australia) (2018 Edition) The Law Library presents the complete text of the Water Act 2007 (Australia) (2018 Edition). Updated as of May 15, 2018 This book contains: - The complete text of the Water Act 2007 (Australia) (2018 Edition) - A table of contents with the page number of each section
This book identifies the most effective water policy tools and innovations, and the circumstances that foster their successful implementation by taking a comparative look at a world-leading ‘laboratory’ of water law and governance: Australia. In particular, the book analyses Australia’s 20-year experience implementing a hybrid governance system of markets, hierarchical regulation, and collaborative integrated water planning. Australia is acknowledged as a world leader in water governance reform, and an examination of its relatively mature water law and governance system has great significance for many international academics and jurisdictions. This book synthesises practical lessons and theoretical insights from Australia, as well as recommendations from comparative analysis with countries such as the United States to provide useful guidance for policymakers and scholars seeking to apply water instruments in a wide range of policy contexts. The book also advances our understanding of water and broader environmental governance theory and is a valuable reference for scholars, researchers and students working in law, regulation and governance studies – especially in the field of water and environmental law. Chapter “Lessons from Australian water reforms: Indigenous and environmental values in market-based water regulation” is available open access under a Creative Commons Attribution 4.0 International License via link.springer.com.
Aboriginal peoples in Australia have the oldest living cultures in the world. From 1788 the British colonisation of Australia marginalised Aboriginal communities from land and water resources and their traditional rights and interests. More recently, the national water reforms further disenfranchised Aboriginal communities from their property rights in water, continuing to embed severe disadvantage. Overturning aqua nullius aims to cultivate a new understanding of Aboriginal water rights and interests in the context of Aboriginal water concepts and water policy development in Australia. In this award-winning work, Dr Marshall argues that Aboriginal water rights require legal recognition as property rights, and that water access and water infrastructure are integral to successful economic enterprise in Aboriginal communities. Aboriginal peoples social, cultural and economic certainty rests on their right to control and manage customary water. Drawing on the United Nations Declaration on the Rights of Indigenous Peoples, Marshall argues that the reservation of Aboriginal water rights needs to be prioritised above the water rights and interests of other groups. It is only then that we can sweep away the injustice of aqua nullius and provide the first Australians with full recognition and status of their water rights and interests.
An overview of critical conceptual approaches to water justice, illustrated with global historic and contemporary case studies of socio-environmental struggles.
Australia’s Water Resources seeks to explore the circumstances underpinning the profound reorientation of attitudes and relationships to water that has taken place in Australia in recent decades. The changing emphasis from development to management of water resources continues to evolve and is reflected in a series of public policy initiatives directed towards rational, efficient and sustainable use of the nation's water. Australia is now recognised as a pacesetter in water reform. Administrative restructuring, water pricing, water markets and trade, integrated water resources management, and the emergence of the private sector, are features of a more economically sound and environmentally compatible water industry. It is important that these changes are documented and their rationale and effectiveness explained. This timely work provides an important synthesis of these issues. This revised paperback edition is a fully corrected reprint of the hardback edition.
"Rights to water are increasingly crucial and increasingly contested across theglobe. Urbanization, industrialization, environmental degradation, agriculturalintensification, rising per capita water use, increasing population, andother social, political, and economic transformations contribute to growing scarcity and demand for better management of water resources. In responding to these challenges, the world can draw on a rich heritage of institutions for regulating rights to water and resolving disputes, and a diversity of institutional arrangements that demonstrate great ingenuity in designing solutions to fit the conditions and priorities of various river basins. However, policy discussion in water management has often been impoverished by narrow polarization around a few idealized models of centrally integrated management or water commoditization, even though these comprise only a small and very incomplete subset of the institutional options available for effective management. The authors in this book expand the range of reflection and analysis of water rights reforms, offering insights aimed especially at those seeking practical pathways to improve equity, efficiency, and sustainability in access to water."
In 2017 four rivers in Aotearoa New Zealand, India, and Colombia were given the status of legal persons, and there was a recent attempt to extend these rights to the Colorado River in the USA. Understanding the implications of creating legal rights for rivers is an urgent challenge for both water resource management and environmental law. Giving rivers legal rights means the law can see rivers as legal persons, thus creating new legal rights which can then be enforced. When rivers are legally people, does that encourage collaboration and partnership between humans and rivers, or establish rivers as another competitor for scarce resources? To assess what it means to give rivers legal rights and legal personality, this book examines the form and function of environmental water managers (EWMs). These organisations have legal personality, and have been active in water resource management for over two decades. EWMs operate by acquiring water rights from irrigators in rivers where there is insufficient water to maintain ecological health. EWMs can compete with farmers for access to water, but they can also strengthen collaboration between traditionally divergent users of the aquatic environment, such as environmentalists, recreational fishers, hunters, farmers, and hydropower. This book explores how EWMs use the opportunities created by giving nature legal rights, such as the ability to participate in markets, enter contracts, hold property, and enforce those rights in court. However, examination of the EWMs unearths a crucial and unexpected paradox: giving legal rights to nature may increase its legal power, but in doing so it can weaken community support for protecting the environment in the first place. The book develops a new conceptual framework to identify the multiple constructions of the environment in law, and how these constructions can interact to generate these unexpected outcomes. It explores EWMs in the USA and Australia as examples, and assesses the implications of creating legal rights for rivers for water governance. Lessons from the EWMs, as well as early lessons from the new ‘river persons,’ show how to use the law to improve river protection and how to begin to mitigate the problems of the paradox.
Exploring water scarcity issues in light of the growing crisis in global water management, this book examines the applicability of water markets. It provides an overview and understanding of the presence of water markets across the globe, analysing the ways in which different countries and regions are grappling with water scarcity.