Submission to the Inquiry on the Management of the Murray Darling Basin

Abstract

I write to make a submission in relation to the management of the Basin. In particular, I wish to raise concerns about the legal framework created by the 'Water Act 2007', its implications for Basin Communities, and some far larger implications for the rule of law and governance by Parliament in Australia. I believe that the conflicts that have emerged over the Guide to the Plan are indicative of a larger fundamental problem with this legislation than has been thus far discussed, and that the Inquiry ought highlight this concern not only with the Murray Darling Basin Plan as proposed, but with the legislative approach that is reflected in the 'Water Act'. My submission does not argue that any particular set of interests (the economy, the environment or the community) ought be given greater priority than they have been, though I expect that other submissions will do so. The purpose of my submission is that regardless of any such arguments the fundamental structure of the 'Water Act' contains major risks to Parliamentary democracy and the rule of law, and that this ought be remedied both in this act, and also in future natural resource management legislation.