Water resources

Water was a key legal and political issue at the time of Federation, and has re-emerged in recent years as a major policy issue for the Commonwealth.
AGS has been advising the Australian Government as it has developed its policies, institutional framework and legislation over the past few years aimed at achieving sustainable management of Australia’s water resources.

The Commonwealth Water Bill

Following a national water summit in February 2007, the Commonwealth, in consultation with states and territories, prepared a draft comprehensive Water Bill, which provided in particular for new, unified arrangements for the sustainable management of water resources in the Murray-Darling Basin, based on a referral of powers by the Basin states, and for national management of water information.

However, with only three of the four Basin states agreeing to the referral of powers, the then Prime Minister announced on 24 July 2007 that the Australian Government would proceed with a Water Bill based on the Commonwealth’s existing constitutional powers. This Water Bill was introduced into the Australian Parliament on 8 August 2007.

AGS provided advice and assistance to the Department of the Environment and Water Resources in relation to the Water Bill. In particular, AGS lawyers Robyn Briese and Genevieve Ebbeck worked in the department on this project, under the supervision of Robert Orr QC, providing assistance with understanding the relevant legal environment, including existing Australian water law and international and constitutional law principles, and with the development of the new legislative and intergovernmental regime.

Supporting the National Water Commission

AGS also handled a wide range of matters during 2006–07 for the National Water Commission, in our continuing role as a key legal adviser to this body. Among the more significant were:

• providing advice on legislation and case law relevant to water rights in Australia
• drafting funding agreements and negotiating and advising on agreement provisions for various infrastructure and capital works programs with the governments of Western Australia, Queensland, Tasmania, South Australia and New South Wales. These included capital works projects for irrigation water and recycled water pipelines, a trial wastewater treatment plant, remote water metering, and information sharing systems
• considering options for securing the Commonwealth’s interest in acquired water entitlements such as registered security interests and trust arrangements, and drafting provisions to allow the Commonwealth to secure interests over NSW water licences acquired with Commonwealth funding
• advising the Commission on the Murrumbidgee River Reach project, which involves the development and trading of water products.