Statutory Verification of Water Rights: The 'Insuperable' Difficulties of Propertising Water Entitlements

Australian Property Law Journal, 2010

Posted: 30 Sep 2015

See all articles by Samantha Hepburn

Samantha Hepburn

Deakin University, Geelong, Australia - Deakin Law School

Date Written: 2010

Abstract

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.

Suggested Citation

Hepburn, Samantha, Statutory Verification of Water Rights: The 'Insuperable' Difficulties of Propertising Water Entitlements (2010). Australian Property Law Journal, 2010, Available at SSRN: https://ssrn.com/abstract=2666504

Samantha Hepburn (Contact Author)

Deakin University, Geelong, Australia - Deakin Law School ( email )

221 Burwood Highway
Burwood
Burwood, Victoria 3125, Victoria 3125
Australia

HOME PAGE: http://www.deakin.edu.au/law

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