Sustainable development of cross - boundary aquifers in Australia: the modern legal and institutional tools
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2010
Authors
McKay, J.M.
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Conference paper
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ISARM 2010 international conference, 2010, pp.1-7
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Transboundary Aquifers : Challenges and New Directions (6 Dec 2010 - 8 Dec 2010 : Paris, France)
Abstract
Sustainable development is expressed in a number of statements for example the UNESCO Draft Law of Transboundary Aquifers and the Rio Declaration. Since 1992 many Australian acts of parliament at State and federal level such as the recent Water Act 2007 (Cth) require implementation of Ecologically Sustainable Development (ESD) This was heavily influenced by the 1987 publication of Our Common Future and its definition of sustainable development as ‘development that meets the needs of the present without compromising the ability of future generations to meet their own needs’ these aims. Australian law is hence an example of a norm implementing nation state and the study of the implementation of these norms is very valuable and informative to the development of international law. This paper focuses on groundwater and ESD implementation in cross State aquifers. It finds different legal tests in Australia under three key schemes. The first case study is the oldest dating from 1985 and is the management of a vital aquifer between South Australia and Victoria, the second case study of the Great Artesian basin dating from 2000 and is a cooperative regime between 4 states. The final case study is of the legal tests proposed under the Murray Darling Basin plan under the 2007 Water Act (Cth) This Act is innovative and has legal tests that will essentially eliminate some of the issues discussed above. For example the power to accredit or not accredit State water plans in the national interest. Conclusions will be drawn as the legal norms transmitted to international law by actual and potential Australian jurisprudence on cross border aquifer management.
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Copyright 2010 The Authors