Water Law & Natural Resources Management

This subject has the following teaching availabilities in 2012:

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Applicants without legal qualifications should note that subjects are offered in the discipline of law at an advanced graduate level. While every effort will be made to meet the needs of students trained in other fields, concessions will not be made in the general level of instruction or assessment. Most subjects assume the knowledge usually acquired in a degree in law (LLB, JD or equivalent). Applicants should note that admission to some subjects in the Melbourne Law Masters will be dependent upon the individual applicant’s educational background and professional experience.

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The Melbourne Law Masters welcomes applications from students with disabilities. The inherent academic requirements for study in the Melbourne Law Masters are:

• The ability to attend a minimum of 75% of classes and actively engage in the analysis of complex materials and debate;
• The ability to read, analyse and comprehend complex written legal materials and complex interdisciplinary materials;
• The ability to clearly and independently communicate in writing a knowledge and application of legal principles and interdisciplinary materials and critically evaluate these;
• The ability to clearly and independently communicate orally a knowledge and application of legal principles and interdisciplinary materials and critically evaluate these;
• The ability to work independently and as a part of a group;
• The ability to present orally and in writing legal analysis to a professional standard.

Students who feel their disability will inhibit them from meeting these inherent academic requirements are encouraged to contact the Disability Liaison Unit: www.services.unimelb.edu.au/disability/

Water and natural resource management (NRM) is fundamental to human society and environmental protection, and legal rules around water have co-evolved with many societies. Conflict over water partly shaped Australia‘s federation; and debates have continued over the appropriate legal and governance structures to manage water and associated natural resources.

Recently, water scarcity issues have driven water law and natural resource reforms in rural areas, although much water law governs urban water supply and use. Water authorities remain significant legal structures in our modern world. Natural resource law undergoes constant review.

This subject explores the many dimensions of water law, with an introduction to international water law, before concentrating on federal and Victorian water legislation, including an examination of both water allocation and water quality – with significant implications for NRM.

The lecturers bring a wealth of research and experience in water law and NRM to the subject. Professor Lee Godden’s comparative research on water law covers several jurisdictions, while Mr Sydes and Dr Foerster have specialised in various aspects of environmental governance and water law reform.

This subject analyses water law and NRM in Australia, with an overview of international water law and policy. It considers the national reform agenda for water law and NRM reform, and federal–state issues, including an examination of the Water Act 2007 (Cth). The general development of Australian statutorybased water law, concentrating on the Victorian situation (including catchment management), will provide the main case study, together with a consideration of groundwater and urban water issues.

Principal topics will include:

• International law and policy governing water, including trans-boundary water law
• The evolution of Australian statutory regimes for surface water and groundwater allocation and use
• National water and resource management reforms and the implementation of the National Water Initiative
• History of the River Murray, together with the Water Act 2007 (Cth) and water trading
• The Water Act 1989 (Vic)
• Water quality: Rural and urban issues, such as salinity and pollution
• Integrated catchment management and environmental water, including an outline of relevant water legislation and catchment management regimes
• Urban water issues, including alternative water uses, such as storm water recycling

A student who has successfully completed this subject should:

• Appreciate the importance of water law issues at an international, national and regional level; including trans-boundary water laws
• Appreciate the context for water law development in Australia, including the impacts of climate change
• Understand emerging issues in water law and policy at a federal level
• Understand the development of common law and the statutory systems for water allocation
• Be able to critically evaluate the main aspects of the Council of Australian Governments (COAG) reform process and the National Water Initiative, including water trading aspects
• Understand the Murray Darling Basin Agreement process, the Water Act 2007 (Cth) and surrounding issues
• Understand a representative water law regime; e.g. the Water Act 1989 (Vic) and subsequent legislation.

In-class presentation and a 1,000–1,500 word written presentation (25%) (29 March)

7,500 word research paper (75%) (31 May) on a topic approved by the subject coordinator

Core subject materials will be provided free of charge to all students. Some subjects require further texts to be purchased. Visit the Melbourne Law Masters website for more information about this subject.

This subject is not available as a breadth subject.