Legislating for Adequate Public Participation in Allocating Water in Australia

Abstract

In the mid-1990s, Australia embarked on a program of reforms including the introduction of private property rights in water, the allocation of water for the environment, and increased public participation where new initiatives are proposed. Many of the water allocation and management practices adopted in the country have originated from states in the Murray-Darling Basin. This article considers the different approaches taken in NSW, Queensland and Victoria. In each of these states public participation has been an evolving process, giving rise to difficulties of a slightly different nature. The article outlines the policy and theory behind public participation, and sets out the legal provisions for its inclusion in water planning. It explores the main issues in the implementation of the legislation. The Australian experience suggests that policy makers and legislators did not initially draw upon the extensive research that was in existence on effective public participation. However, changes were made to make the processes more inclusive. Capacity building of participants, independent scientific support, and access to data were some of the most critical factors in effective public participation. Because the public had the opportunity to participate and influence decision-making in water allocation, some potential legal conflict was avoided. Of the states examined, Queensland had the best legislative template for public participation, although improvements could be made in many areas.

Keywords:

• Water law
• allocation and management
• public participation
• water plans
• Australia