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A sustainable Murray-Darling Basin : the legal challenges

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Publication Date
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Queensland University of Technology ePrints Archive
Keywords
  • 180111 Environmental And Natural Resources Law
  • Murray-Darling Basin
  • Water Act 2007
  • Commonwealth Environmental Water Holdings
  • Water Resource Management
  • Sustainable Governance
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Abstract

The range of legal instruments informing how the Murray-Darling Basin (MDB)is managed is extensive. Some provide guidance; a number indicate strategies and policies; some assume the form of protectable rights and enforceable duties.What has emerged is a complicated and sophisticated web of interacting normative arrangements. These include: several international agreements including those concerning wetlands,biodiversity and climate change; the Constitution of the Commonwealth; the Water Act 2007 of the Commonwealth; the Murray-Darling Basin Agreement scheduled to the Act; State water entitlements stated in the Agreement; Commonwealth environmental water holdings under the Act; the Murray-Darling Basin Plan; water-resource plans under the Act or State or Territorial water legislation; State and Territorial water legislation; and water entitlements and water rights under State or Territorial water legislation.

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