Using Regulation to Tackle the Challenge of Diffuse Water Pollution and its Impact on the Great Barrier Reef - The Challenge of Managing Diffuse Source Pollution from Agriculture: GBR Case Study and Queensland's Reef Protection Legislation: An Analysis

Australasian Journal of Natural Resources Law and Policy, Vol. 15, No. 2 (2012), 109-147

UWA Faculty of Law Research Paper No. 23

Posted: 23 Sep 2013 Last revised: 23 Nov 2014

See all articles by Alex W. Gardner

Alex W. Gardner

The University of Western Australia Law School

Marie Waschka

Independent

Date Written: 2012

Abstract

Diffuse water pollution poses a significant threat to water quality globally. Challenges associated with managing and regulating diffuse water pollution stem from difficulties in measurement and attribution of pollution 'emissions', as well as the cumulative nature of diffuse water pollution. The introduction of Queensland's Great Barrier Reef Protection Amendment Act 2009 provides a timely opportunity to explore challenges associated with managing and regulating diffuse water pollution from agriculture, using the Great Barrier Reef as a case study. This article, which is presented in two parts (sections II and III), outlines the nature of diffuse water pollution; potential management and regulatory options; and existing policy, management and legislative frameworks that exist at Commonwealth and Queensland State government levels relevant to managing Great Barrier Reef water quality. In section III, the article undertakes a detailed analysis of Queensland's Great Barrier Reef Protection Amendment Act 2009, including an assessment of the likely effectiveness of this legislation; challenges associated with the implementation, monitoring and evaluation of measures taken under this new legislation; and its significance and role in the context of other relevant Commonwealth and Queensland government responsibilities, legislation and policies. [For copyright reasons, only the abstract is available here]

Suggested Citation

Gardner, Alex W. and Waschka, Marie, Using Regulation to Tackle the Challenge of Diffuse Water Pollution and its Impact on the Great Barrier Reef - The Challenge of Managing Diffuse Source Pollution from Agriculture: GBR Case Study and Queensland's Reef Protection Legislation: An Analysis (2012). Australasian Journal of Natural Resources Law and Policy, Vol. 15, No. 2 (2012), 109-147, UWA Faculty of Law Research Paper No. 23, Available at SSRN: https://ssrn.com/abstract=2329494

Alex W. Gardner (Contact Author)

The University of Western Australia Law School ( email )

M253
35 Stirling Highway
Crawley, Western Australia 6009
Australia

Marie Waschka

Independent ( email )

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