Lee and Gropler v Commonwealth and Murray-Darling Basin Authority - Reflection on a Conception of Australian Water Access Rights

Australian Environment Review (April/May 2013), Vol 28, No 3, 517-520

UWA Faculty of Law Research Paper No. 24

5 Pages Posted: 27 Sep 2013

See all articles by Alex W. Gardner

Alex W. Gardner

The University of Western Australia Law School

Date Written: 2013

Abstract

A large group of irrigators from Victoria, South Australia and New South Wales, known as Murray Valley United Inc (MVU), is challenging the validity of the Water Act 2007 (Cth) (the Act) on a number of constitutional grounds. The challenge is designed to bring down the Murray-Darling Basin Plan made under the Act and to prevent the Commonwealth exercising, with the states, powers to limit the historical water access rights claimed by the irrigators. One of the grounds of challenge is based on s 100 of the Commonwealth Constitution. That provision restricts the Commonwealth from making a law or regulation of trade and commerce that abridges the right of a state, or the residents therein, to the reasonable use of the waters of rivers for conservation or irrigation.

Keywords: water access rights

Suggested Citation

Gardner, Alex W., Lee and Gropler v Commonwealth and Murray-Darling Basin Authority - Reflection on a Conception of Australian Water Access Rights (2013). Australian Environment Review (April/May 2013), Vol 28, No 3, 517-520, UWA Faculty of Law Research Paper No. 24, Available at SSRN: https://ssrn.com/abstract=2331081

Alex W. Gardner (Contact Author)

The University of Western Australia Law School ( email )

M253
35 Stirling Highway
Crawley, Western Australia 6009
Australia

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