Statutory Verification of Water Rights: The 'Insuperable' Difficulties of Propertising Water Entitlements
Australian Property Law Journal, 2010
Posted: 30 Sep 2015
Date Written: 2010
Evolution of private water rights in Australia - statutory interpretation approaches to water rights - argument that core property indicia is increasingly overshadowed by legislative defeasibility - s 51 (xxxi) of the Constitution - implications of recent High Court decision in ICM Agriculture - argument that the propertisation of statutory water entitlements is best achieved where core property indicia are evaluated in a balanced manner and differentiated from factors relevant to assessing the applicability of the constitutional guarantee under s 51 (xxxi) of the Constitution.
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