Can the High Court save the Murray River?
Date
2012
Authors
Webster, A.
Williams, J.
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Journal article
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Environmental and Planning Law Journal, 2012; 29(4):281-296
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Adam Webster and John M Williams
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Abstract
Since before Federation, South Australian politicians have claimed that their colony (and later State) has a legal right to a share of the water from the Murray River. Recently, South Australian Premiers have said that, should current negotiations fail to produce a satisfactory outcome for the State, they may challenge the Basin Plan in the High Court to assert South Australia's legal claim to a share of the waters of the Murray. This article explores the role that the High Court has played in resolving disputes in times of crisis, and examines whether the High Court of Australia would have jurisdiction over an interstate water dispute. Finally, the article considers the legal basis for South Australia's claim to a "fair share" of the waters of the Murray River.
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