Journal article

Indigenous Water Rights and Water Law Reforms in Australia

Lee Godden, Sue Jackson, Katie O'Bryan

ENVIRONMENTAL AND PLANNING LAW JOURNAL | LAWBOOK CO LTD | Published : 2020

Abstract

This article critically examines the diverse policy and legal frameworks in Australia that seek to address Indigenous peoples’ water interests. The article analyses three geographically diverse case studies – northern Australia; a river in a metropolitan setting (the Yarra); and southern Australia’s MurrayDarling Basin. Each case study examines legislative and representative measures that comprise, more or less, “inclusion” of Aboriginal interests in their legal regimes. The article concludes that even “reformed” water laws can continue the dispossession and exclusion of Aboriginal peoples wrought by colonisation. In particular, water market models which require “full allocation” of water en..

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