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ARTICLE · 01 APRIL 2009

Jurisdictional Issues Associated With Water Resources Management Legislation

Norton Rose Fulbright Australia
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Achieving sustainability in the use of water resources is a significant issue facing legislators. Federal and State Governments in Australia have enacted comprehensive water legislation in an endeavour to ensure that limited water resources are being used sustainably.

AustraliaEnergy and Natural Resources
Edward Campbell
Edward Campbell
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Achieving sustainability in the use of water resources is a significant issue facing legislators. Federal and State Governments in Australia have enacted comprehensive water legislation in an endeavour to ensure that limited water resources are being used sustainably. Legislation may seek to regulate water use and improve functionality of water markets; however, there are inherent jurisdictional difficulties associated with water resources legislation arising from a limited resource being shared by States and the Commonwealth.

The Water Management Act 2000 (NSW) (the Act) provides for the re-allocation within NSW of water resources between users through the means of water allocation plans. Disaffected water users may challenge water allocation plans in the courts.

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