Australian Indigenous Water Policy and the impacts of the ever-changing political cycle

Abstract

First Peoples are leading the conversation about Indigenous water rights policy in Australia. This paper reviews contemporary Aboriginal water policy and initiatives. We examine the ever-changing cycles of government action and inaction, and First Peoples’ responses. Three case studies: Strategic Indigenous Reserves in the Northern Territory, the First Peoples’ Water Engagement Council and the Fitzroy River Declaration illustrate: (1) First People’s expressions of the right to self-determination in relation to water; (2) First Peoples’ contributions to integrated water resource management principles and water governance in Australia; and (3) that State/Commonwealth Aboriginal water initiatives are often discontinued when elected government changes, and rarely given strength through legislation. We finish the review with policy recommendations that underline the need to ‘break the cycle’ of inconsistent government initiatives.

Keywords:

• First Peoples
• Indigenous water rights
• Australia
• policy
• Aboriginal water management
• governance
• water reform

Acknowledgements

This research is supported by Australian Government Research Training Program (RTP) Scholarships

Notes

1. Perspective from two of the paper’s authors. The first listed author is non-Indigenous and does not claim an Indigenous perspective.

2. Watering down of rights by the ‘10 point plan’ and subsequent Native Title Amendment Act 1998 (Cth).

3. Australia’s 2015 human rights review by the UN (United Nations General Assembly 2016) included numerous recommendations about improving the implementation of UNDRIP.

4. Marshall (2017) argues that a ‘web of interests’ is a more fitting metaphor for Aboriginal water than the compartmentalisation implied by ‘bundle of rights’.

5. Juricide is the annihilation of First People’s legal systems.

6. Such as the subversion of reform efforts by vested interests (Marshall and Alexandra 2016), lack of co-ordination and ‘conflict behind the scenes’ and inefficient expenditures on water saving infrastructure rather than water buy-backs (Connell and Grafton 2011).

7. For example, see: Connell and Grafton (2011); Duff, Delfau and Durette (2010); Durette (2008); Jackson and Altman (2009); Jackson and Morrison (2007); Jackson and Langton (2011); Marshall (2017); Marshall and Alexandra (2016); Marshall and Alexandra (2016); Marshall and Alexandra (2016); Marshall and Alexandra (2016); Marshall and Alexandra (2016); O’Donnell (2013); Tan and Jackson (2013); and Tran (2015). For an overview of literature up to 2009, see: Indigenous Freshwater Rights Topic Guide (Bulloch 2009).

8. For example, the film Mardoowarra's Right to Life, uses the voice of the National Heritage Listed Fitzroy River appeal to human beings for the recognition of its multiple values, and importantly explore the concept of the river’s inherent ‘right to life’ (Poelina and McDuffie 2017).

9. ‘PBC’ colloquially refers to both PBCs (the prescribed body corporate holding or managing Native Title during the Native Title determination process) and RNTBCs (the Registered Native Title Bodies Corporate established after a determination) under the Native Title Act 1993.

10. Regarding terminology, the FPWEC (2012a) mentions ‘our laws’, the Echuca declaration refers to ‘Indigenous law/lore’. ‘Aboriginal law’ and ‘First Law’ are other terms used elsewhere.

11. See https://culturalflows.com.au/.

12. i.e. the Water Act (NT).

13. Listed under the Environment Protection and Biodiversity Conservation Act 1999.

14. Andrews (2015) proposes a ‘circular conundrum’ of cycles of Federal irrigation investment in the north and lacklustre returns/ cropping failures.

15. As evidenced by the Joint Select Committee on Northern Australia’s (2015) White Paper on Developing Northern Australia and the $15million Northern Australia Water Resource Assessment.

16. As detailed in (Department of Water 2013b). 2017 draft legislation was unavailable at time of writing.

17. According to the DoW’s 2017 organisational structure chart https://www.water.wa.gov.au/about-us/organisational-structure.

18. Excepting recommendations about the NWC, which no longer exists.