How Do Environmental Conservation Laws Interact with Environmental Aspects of Water Laws?

(2014) 31 Environmental and Planning Law Journal 3

UWA Faculty of Law Research Paper No. 2014-40

Posted: 6 Oct 2014 Last revised: 27 Nov 2014

See all articles by Michael Bennett

Michael Bennett

The University of Western Australia Law School

Alex W. Gardner

The University of Western Australia Law School

Date Written: 2014

Abstract

The environmental protection and conservation of wetlands, including Ramsarlisted wetlands of international importance, is a valuable object of study to understand how environmental protection laws interact with environmental aspects of water law. This article considers Australia’s Ramsar obligations and their implications for water allocation and management. It uses a case study, the management of the Ramsar-listed Forrestdale and Thomsons Lakes, to illustrate how environmental conservation laws and water laws can interact in meeting those obligations. The article makes some observations on the respective role of water resource management laws, laws for the protection of areas designated for conservation, and environmental impact assessment legislation. It concludes that, while each of these laws has their own strengths and weaknesses, properly designed water laws are the superior tool for securing water for wetlands.

Suggested Citation

Bennett, Michael and Gardner, Alex W., How Do Environmental Conservation Laws Interact with Environmental Aspects of Water Laws? (2014). (2014) 31 Environmental and Planning Law Journal 3, UWA Faculty of Law Research Paper No. 2014-40, Available at SSRN: https://ssrn.com/abstract=2504327

Michael Bennett (Contact Author)

The University of Western Australia Law School ( email )

M253
35 Stirling Highway
Crawley, Western Australia 6009
Australia

Alex W. Gardner

The University of Western Australia Law School ( email )

M253
35 Stirling Highway
Crawley, Western Australia 6009
Australia

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