Mining Access to Water Resources – Traditions and Developing Principles

35 Pages Posted: 6 Oct 2014

See all articles by Alex W. Gardner

Alex W. Gardner

The University of Western Australia Law School

Date Written: 2013

Abstract

Is mining and coal seam gas production subject to the key legal principles that apply generally to water resources management, especially the allocation of water resources in circumstances of water scarcity and competing uses? In 2010 the National Water Commission said that frequent resort to environmental approval laws to make special arrangements for water use in these projects was no substitute for better integrating their use of water resources into general water planning and entitlement regimes.

This paper reviews the extent to which the regulation of mining’s and coal seam gas production’s use of water has been reformed to bring it under the general regulatory regimes for water resources management. It analyses aspects of the relevant legislative regimes of New South Wales, Queensland, Western Australia and the Commonwealth, to evaluate the extent to which the National Water Commission’s recommendations have been implemented by legislative reforms, and the key principles of those regimes.

Suggested Citation

Gardner, Alex W., Mining Access to Water Resources – Traditions and Developing Principles (2013). AMPLA Yearbook 2013, UWA Faculty of Law Research Paper No. 2014-41, Available at SSRN: https://ssrn.com/abstract=2504329

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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