The legal framework for water trading in the Murray-Darling Basin: An overwhelming success?

Environmental and Planning Law Journal

Volumn 29, Issue 4, 2012, Pages 328-349

  Gray, Janice ^a  

^a UNIVERSITY OF NEW SOUTH WALES   (Australia)

Author keywords

[No Author keywords available]

Indexed keywords

ENVIRONMENTAL LEGISLATION; GOVERNANCE APPROACH; RIVER BASIN; WATER MANAGEMENT;

AUSTRALIA; MURRAY-DARLING BASIN;

EID: 84867181618     PISSN: 0813300X     EISSN: None     Source Type: Journal    
DOI: None     Document Type: Article

References (230)

1. National Water Commission (NWC), Strengthening Australia's Water Markets 2011 (2011), p xi, http://www.nwc.gov.auviewed 6 June 2012.
2. The Australian Capital Territory is also within the MDB but because there is so little trading in and between this State it is not discussed here.
3. Murray-Darling Basin Authority (MDBA), About the Basin (Australian Government), http://www.mdba.gov.au/water/about_basin viewed 6 June 2012.
4. MDBA, n 3.
5. MDBA, n 3.
6. JAMBA, which is the Agreement between the Government of Australia and the Government of Japan for the Protection of Migratory Birds and Birds in Danger of Extinction and their Environment made in Tokyo on 6 February 1981. Note also that the Australian Government has an obligation to give effect to the Convention on Biological Diversity as it affects the MDB.
7. For figures (based on long term averages), see Australian Bureau of Statistics, Water and the Murray Darling Basin: A Statistical Profile 2000-2001 to 2005-2006 (Cat No 4610.0.55.007, released 15 August 2008) p 19, http://www.abs.gov.au/AUSSTATS/abs@.nsf/DetailsPage/4610.0.55.0072000-01%20to%202005-06?OpenDocument viewed 6 June 2012.
8. For some of these examples, see Murray-Darling Basin Authority, Restoring the Balance in the Murray Darling Basin (Australian Government, 2010), http://www.environment.gov.au/water/publications/mdb/restoring-balance.html viewed 6 June 2012
9. CSIRO, MDB Multiple Benefits Project (2012), p 24, http://www.csiro.au/en/Organisation-Structure/Flagships/Water-for-a-Healthy-Country-Flagship/MDB-Multiple-Benefits-Project.aspx viewed 6 June 2012.
10. Overton I (Senior Research Scientist, Eco-hydrology, CSIRO), Water Reform in the Murray Darling Basin (presentation at IRSTEA, SupAgro, Montpellier, France, 27 April 2012). For chart on river condition in the MDB, see National Water Commission, River Condition in the Murray Darling Basin 2001 (Australian Government, 2001) http://www.water.gov.au/riverandwetlandhealth/assessmentofriverandwetlandhealth/snapshotofriverandwetlandhealth/riverconditioninthemurraydarlingbasin/index.aspx?menu=level1_5_2_3_2 viewed 6 June 2012
11. Murray-Darling Basin Authority, Sustainable Rivers Audit Murray Darling Basin River Health Check 2004-2007 (Australian Government, 2008), http://www.mdba.gov.au/sustainable-rivers-audit viewed 6 June 2012.
12. For example, increased rates of rural suicide, particularly amongst men: "Churchill Fellowship Rural Suicide Prevention Study", ABC Rural (16 April 2009)
13. Bryant N, "Australia Drought Sparks Suicides", BBC News (19 October 2006), http://www.news.bbc.co.uk/2/hi/asia-pacific/6065220.stm viewed 6 June 2012.
14. COAG Framework 1994 and COAG Meeting (2004), http://www.coag.gov.au viewed 6 June 2012
15. National Water Commission (NWC), National Water Initiative Intergovernmental Agreement (Australian Government, 2011), http://www.nwc.gov.au/home/water-governancearrangements-in-australia/national-arrangements/Intergovernmental-agreement-on-a-National-Water-Initiative viewed 6 June 2012.
16. The legal framework also provides for environmental water trading but this is not dealt with here.
17. Fisher D, "A Sustainable Murray-Darling Basin: The Legal Challenges" in Connell D and Grafton Q (eds), Basin Futures: Water Reform in the Murray Darling Basin (ANU E-Press, 2011).
18. Gardner A, Bartlett R and Gray J, Water Resources Law (Lexis Nexis, 2009) Ch 5. The limited circumstances include by way of other legislative and financial powers: Williams J and Webster A, "Section 100 and State Water Rights" (2010) 21 PLR 267
19. Williams G and Kildea P, "The Constitution and the Management of Water in Australia's Rivers" (2010) 32 Sydney Law Review 595.
20. This list is a modified version of that provided by Fisher, n 12.
21. Australian Government, The National Water Market, http://www.nationalwatermarket.gov.au/about/resources.html viewed 6 June 2012.
22. Water Act 2007 (Cth), s 22 particularly items 11 and 12. Note, at May 2012 the Basin Plan was not yet operational.
23. Water Act 2007 (Cth), s 20(d).
24. Sch 1 of the Proposed Murray-Darling Basin Plan, http://www.mdba.gov.au viewed 6 June 2012.
25. Water Act 2007 (Cth), s 10 sets out the Water Trading and Water Market Rules.
26. Water Management Act 2000 (NSW)
27. Water Act 1989 (Vic)
28. Water Act 2000 (Qld)
29. Natural Resources Law Management Act 2004 (SA). For further information on how trades are affected under State-based law, see Australian Competition and Consumer Commission (ACCC), Water Trading Rules - Final Advice (March 2010) p 110, http://www.accc.gov.au/content/index.phtml/itemId/950331 viewed 6 June 2012.
30. Water Sharing Plan for the Murrumbidgee Regulated River Water Source 2003 (NSW).
31. Victorian Water Register, Trading Rules for Declared Water Systems, http://www.waterregister.vic.gov.au/Public/RulesMaps.aspx viewed 6 June 2012.
32. Water Act 1989 (Vic), ss 33AZ, 64AZ.
33. Murray-Darling Basin Authority (MDBA), The Draft Basin Plan (Australian Government, 2008), Ch 11, http://www.mdba.gov.au/draft-basin-plan/draft-basin-plan-for-consultation viewed 6 June 2012.
34. MDBA, n 23, Ch 9, Div 1, cl 9.10.
35. Note on a slightly different but related point, the interaction of the Minister's Dealing Principles and a Plan's Dealing Rules were tested in Murrumbidgee Horticulture Council Inc v Minister for Land and Water Conservation (2003) 127 LGERA 450.
36. An accounting approach used in interstate trading.
37. A trading zone profile defines the physical boundaries to, from or within which water may be traded. It contains maps, zone boundaries, zone rules, exchange rates (dependent on location and reliability class, although rare) and products that may be traded within a zone. Trading zones can be defined for different classes of water resources, ie unregulated streams, regulated streams, supplemented streams, groundwater systems and licensed runoff harvesting dams. Australian Government, n 15.
38. National Water Commission (NWC), The Impacts of Water Trading in the Southern Murray-Darling Basin between 2006-07 and 2010-11 (Australian Government, 2012), pp 3-4, http://www.nwc.gov.au/publications/topic/rural/impacts-of-trade-2012 viewed 6 June 2012, for a map of the sMDB zones.
39. These are: Campaspe, Greater Goulburn, Lower Broken Creek, Lower Campaspe, Lower Darling, Lower Goulburn, Murray Irrigation areas, Murrumbidgee, New South Wales Murray above Barmah Choke, New South Wales Murray below Barmah Choke, Part Loddon, South Australian Murray, Victorian Murray above Barmah Choke, and Victorian Murray from Barmah Choke to South Australian Border.
40. Australian Competition and Consumer Council, ACCC Water Monitoring Report 2009-10 (March 2011) p 104, http://www.accc.gov.au/content/index.phtml/itemId/862717 viewed 6 June 2012 for a diagrammatic representation and further details. Note the National Water Market, Australian Water Markets Report 2010-2011, p 20, http://www.nationalwatermarket.gov.au/about/resources.html viewed 6 June 2012, refers to 13 interstate trading zones.
41. Examples of State-based trading zones in Victoria are: the Macalister, Latrobe, Ovens, Snowy and King zones cited in Stoeckel K, Webb R, Woodward L and Hankinson A, Australian Water Law (Lawbook Co, 2012) p 292. For discussion of intrastate zones, see Murray Goulburn Water, Review of Trading Rules for Ovens King System, p 8, http://www.gmwater.com.au/downloads/customerServices/waterTrading/TATDOC-_3264111-v6-ISSUES_PAPER_-_REVIEW_OF_TRADING_RULES_FOR_THE_OVENS_KING_SYSTEM.pdf viewed 6 June 2012.
42. The nMDB zones are: Macquarie, Namoi, Gwydir, NSW Border Rivers, Qld Border Rivers, Macintyre Brook, Upper Condamine, St George, Maranoa, Cunnamulla and Chinchilla. As there is little trade in the nMDB, it is not discussed here.
43. Note under the proposed Basin Plan there are 13 surface Water Resource Plan areas, 17 groundwater Water Resource Plan areas and six Water Resource Plan areas applying to surface and groundwater. MDBA, n 23, Ch 3, Pt 2, ss 3.07, 3.08, 3.09.
44. However, some interzone same State MDB trading (compare intrazone trading) may also involve additional steps and compliance requirements, particularly if special trading rules for specific zones or areas exist. See eg the Ovens and King zones in Victoria, Goulburn Murray Water, n 30. For further details of trading zones, see Australian Government, n 15.
45. Gardner et al, n 13, p 562.
46. National Water Commission, Dictionary of Terms for Water Access Entitlements and Transactions referred to in footnote 7 of Gardner et al, n 13.
47. Gardner et al, n 13, pp 570, 596. The differences are well represented diagrammatically in Stoeckel et al, n 30, pp 92, 113.
48. Water Management Act 2000 (NSW), s 56
49. Water Act 1989 (Vic), s 33F, Pt 3A
50. Water Act 2000 (Qld), s 120B, Div 4
51. Natural Resources Law Management Act 2004 (SA), s 146, Pt 3.
52. Gardner et al, n 13, Ch 25.
53. The nomenclature relating to water allocations varies across States.
54. Gardner et al, n 13, Ch 25.
55. Stoeckel et al, n 30, p 225.
56. In non-Basin States where water rights have been unbundled, entitlements and allocations also form the basis of what is tradeable. See restrictions already referred to regarding nMDB.
57. Water Management Act 2000 (NSW), s 71Q.
58. Transformation is, in part, governed by the Water Act 2007 (Cth), s 97(1) and the Market Rules 2009 (Cth). One aim of the rules is to prevent delay and obfuscation in the transformation process. Such a delay would inhibit trading. Fees are regulated by the Water Charge (Termination Fees) Rules 2009 (Cth). See discussion below.
59. National Water Market, How to Trade (Australian Government, 2011), http://www.nationalwatermarket.gov.au/how-to-trade/index.html viewed 6 June 2012.
60. Water Act 2007 (Cth), Sch 1, Sch D, Murray-Darling Basin Agreement, which covers trade between valley in the MDB and States. Steps are based on National Water Market, n 41.
61. The primary legislation is: Water Management Act 2000 (NSW)
62. Water Act 1989 (Vic); Water Act 2000 (Qld)
63. Natural Resources Law Management Act 2004 (SA)
64. outside the Basin the Water Management Act 1999 (Tas)
65. Rights in Water and Irrigation Act 1914 (WA)
66. Water Resources Act 2007 (Tas)
67. Water Act 1992 (NT).
68. Note that nomenclature may vary from State to State.
69. Water plans exist at a number of different levels including State-wide plans, regional or catchment plans and sub-catchment plans. If there is an inconsistency between plans, generally compliance with the overarching plan(s) is required. (Ultimately there will also be a finalised Basin Plan.)
70. Gardner et al, n 13, Pt 4
71. Stoeckel et al, n 30, pp 32-33.
72. Examples of State-based trading zones in Victoria are: the Macalister, Latrobe, Ovens, Snowy and King zones cited in Stoeckel et al, n 30, p 292. Interstate trading zones are referred to below.
73. These may involve the Commonwealth.
74. Gardner et al, n 13, Pt 4
75. Stoeckel et al, n 30, pp 32-33.
76. Regarding the MDB,
77. Proposed Murray-Darling Basin Plan, n 17.
78. For a more detailed discussion of State-based legislative regimes on water trading
79. Gardner et al, n 13, Ch 25
80. Stoeckel et al, n 30, Ch 5.
81. Access Licence Dealing Principles Order 2004, cll 17(3), (4).
82. Access Licence Dealing Principles Order 2004, cll 17(3), (4).
83. Schedule G to the National Water Initiative details a number of principles for trading, see http://www.nwc.gov.au/reform/nwi viewed 6 June 2012.
84. Note that Access Licence Dealing Principles Order 2004, cll 17(3), (4) prohibits water allocation assignments between water access licences that relate to different water sources in certain circumstances including: if there is not an hydrologic connection between the water sources; if one water source is regulated and the other not; and if one is a groundwater source while the other is a surface water source.
85. Water Management Act 2000 (NSW), s 71M.
86. Water Management Act 2000 (NSW), s 71N.
87. Water Management Act 2000 (NSW), s 71P.
88. Water Management Act 2000 (NSW), s 71U.
89. Water Management Act 2000 (NSW), ss 71Q, 71R, 71S.
90. Water Management Act 2000 (NSW), s 71T.
91. Water Management Act 2000 (NSW), s 71V.
92. Note that the National Water Initiative at [31(vii)] requires a publicly available water register be created for the recording of dealings in water access entitlements and water allocations.
93. Gardner et al, n 13, Ch 25, which describes how States have variously interpreted this requirement.
94. Gardner et al, n 13, p 580
95. compare the Queensland position at p 586.
96. In South Australia, private irrigation trusts may raise similar issues. See Irrigation Act 2009 (SA), ss 32, 34
97. Renmark Irrigation Trust Act 2009 (SA), ss 33, 35.
98. Water Management Act 2000 (NSW), ss 221, 237A, 237B. Irrigation infrastructure operators may also have separate trading rules relevant to their districts.
99. ACCC, n 19, Ch 7.
100. Fees are regulated by the Water Charge (Termination Fees) Rules 2009.
101. Murray-Darling Basin Council, Pilot Interstate Water Trading Project (2004), http://www2.mdbc.gov.au/nrm/water_issues/water_trade/pilot_interstate_water_trading_project.html viewed 6 June 2012.
102. Final report by Cummins and Associates, An Evaluation of the Inter-state Water Trade Pilot Project (2007), http://www2.mdbc.gov.au/nrm/water_issues/water_trade.html viewed 6 June 2012
103. Gardner et al, n 13, p 613.
104. Australian Competition and Consumer Council (ACCC), Water Trading Rules (Issues Paper, March 2009) p 6, http://www.accc.gov.au/content/index.phtml/itemId/863251 viewed 6 June 2012.
105. Pye A, "Water Trading along the Murray: A South Australian Perspective" (2006) 23 EPLJ 131.
106. Clark S, "The Murray Darling Basin: Divided Power, Co-Operative Solutions?" (2003) 22 Australian Resources and Energy Law Journal 67.
107. ACCC, n 66, p 6.
108. ACCC, n 66, p 6.
109. Murray-Darling Basin Council, Pilot Interstate Water Trading Project Review (2006), http://www2.mdbc.gov.au/nrm/water_issues/water_trade/pilot_interstate_water_trading_project/pilot_interstate_trading_2_yr_review.html viewed 6 June 2012.
110. Gardner et al, n 13, p 613.
111. The Interstate Pilot Water Trading Program was closed on 19 May 2006 and Sch E was adopted on 20 May 2006.
112. ACCC, n 66, p 6.
113. Murray-Darling Basin Agreement, Pt I, Interpretation, Purpose, http://www2.mdbc.gov.au/about/the_mdbc_agreement.html viewed 6 June 2012.
114. As a result interstate trades could occur between the Murray River upper and lower and the Goulburn and Murrumbidgee valleys.
115. ACCC, n 66, p 6.
116. These terms were used at the time of the referral and when Victoria eventually joined in and agreed to refer powers.
117. Brissenden M, "Co-operative Federalism or Creeping Centralism?", 7.30 Report (transcript, 26 February 2008), http://www.abc.net.au/7.30/content/2007/s2200088.htm viewed 6 June 2012.
118. Water Act 2007 (Cth), s 3.
119. Water Act 2007 (Cth), Sch 3, cl 3.
120. Murray-Darling Basin Agreement, Sch D, cl 1(a).
121. For a list of tradeable entitlements in all four MDB States
122. Stoeckel et al, n 30, p 292.
123. Murray-Darling Basin Agreement, Sch D, cl 16, incorporated as Water Act 2007 (Cth), Sch 1.
124. The physical complexities imposed by the Barmah Choke, for example, preclude upstream and downstream allocation trades altogether in that area. The narrowness of the Murray River at the Choke would be likely to cause the water movement associated with the trade to flooding and watering of the Barmah-Millewa Forest, which is a designated Ramsar wetland.
125. Water Act 2007 (Cth), Sch 3, cll 15, 17; ACCC, n 19.
126. Water Act 2007 (Cth), cl 13, Sch D of Sch 1 to the Act.
127. National Water Commission, Understanding the Decision to Suspend Inter-valley Water Allocation Trading, 2010-2011 (Australian Government, 2011) p 1, http://www.nwc.gov.au/publications viewed 6 June 2012.
128. Water Act 2007 (Cth), s 33(1) in conjunction with ss 44, 48, 49.
129. Submissions on the Draft Basin Plan closed in April 2012.
130. MDBA, n 23.
131. Water Act 2007 (Cth), s 22 item 12.
132. Water Act 2007 (Cth), ss 26(b)-(i).
133. ACCC, n 19, p 110.
134. This raises the concern that the Commonwealth Environmental Water Holder (CEWH) may purchase irrigator licences but not be able to use them for the purposes for which they were intended, ie flooding the plains, because the CEWH may be held liable for a breach of the trading rules by affecting/harming third parties. This question would benefit from further inquiry.
135. In 2010, when the Guide to the Basin Plan was released, the SDLs were set at between 3,000 and 4,000 GL per year but as of 28 November 2011 when the Draft/Proposed Basin Plan was released they were set at 2,750 GL per year.
136. For tagging procedures, see Murray-Darling Basin Agreement, Sch D, Tagging Entitlements for Extraction in another State, Protocol 2010.
137. Water Act 2007 (Cth), s 250B(1).
138. Water Act 2007 (Cth), s 250D(4).
139. Fisher, n 12 for a more detailed account of how the Water Act 2007 (Cth), s 250 operates to overcome inconsistency problems.
140. Water Act 2007 (Cth), s 250E.
141. Water Act 2007 (Cth), s 250C
142. Discussion of inconsistency in Fisher, n 12.
143. ACCC, n 19, p 5.
144. Discussion based on Final Advice
145. Murray-Darling Basin Authority, The Basin Plan: A Concept Statement (Australian Government, 2008), https://www.mdba.gov.au/basin_plan/concept-statement viewed 6 June 2012.
146. ACCC, n 19, p 5 fn 13.
147. Transitional WRPs, expiring at various times between 2012-2017, cover a significant percentage of MDB water rights.
148. ACCC, n 19, p 15.
149. COAG, Agreement on Murray-Darling Basin Reform (3 July 2008), cl 3.2.1, http://www.coag.gov.au viewed 6 June 2012.
150. Water Act 2007 (Cth), s 22(1) item 11.
151. National Water Market, n 29, p 5
152. table 3.3, p 29.
153. National Water Market, n 29, p 5
154. table 3.2, p 29.
155. National Water Market, n 29, p 5
156. table 3.6, p 33.
157. National Water Market, n 29, Introduction, pp 29, 36.
158. There was a relatively small number of interstate allocation trades in the 2003-2004 to 2006-2007 period but this increased between 2007-2008 and 2010-2011.
159. National Water Market, n 29, Introduction, p 26.
160. National Water Market, n 29, p 5, charts on p 46.
161. Material and figures in this paragraph and the one above are from National Water Market, n 29, pp 28-29.
162. ACCC, n 19, pp 160-161.
163. Murray-Darling Basin Agreement, Sch D -Tagging for Entitlements for Extraction in another State) Protocol 2010, for the procedures to follow when tagging.
164. National Water Commission, Australian Biennial Assessment of Progress and Implementation of the National Water Initiative (September 2009) p 128 at 7.6.
165. NWC, n 28, p xii.
166. National Water Commission, Water Markets in Australia: Trends and Drivers 2010-2011 (Australian Government, 2011), http://www.nwc.gov.au/publications/topic/markets/australian-water-markets-trends-and-drivers-200708-to-201011 viewed 6 June 2012.
167. The goal "to achieve efficient and cost effective water management and administrative practices in relation to Basin water resources" under Water Act 2007 (Cth), s 3(g) may also not be met.
168. Outside the context of markets, it is an open question whether the propertisation of water products more generally is positive.
169. Bakker K, Water: Commons or Commodity (2003), http://www.forumonpublicdomain.ca/water-commons-or-commodity viewed 6 June 2012.
170. Although the relevant legislation is State legislation, the Commonwealth was a party by way of its involvement in the provision of structural adjustment packages.
171. In coming to this conclusion, these judges relied on Mutual Pools and Staff Pty Ltd v The Commonwealth (1994) 179 CLR 155 at 185.
172. ICM Agriculture Pty Ltd v Commonwealth (2009) 240 CLR 140 at [76].
173. ICM Agriculture Pty Ltd v Commonwealth (2009) 240 CLR 140 at [76].
174. ICM Agriculture Pty Ltd v Commonwealth (2009) 240 CLR 140 at [147].
175. ICM Agriculture Pty Ltd v Commonwealth (2009) 240 CLR 140 at [90].
176. ICM Agriculture Pty Ltd v Commonwealth (2009) 240 CLR 140 at [90].
177. Objects are contained in Water Act 2007 (Cth), s 3, Sch 3, cl 2; proposed Basin Plan at [5.06] incorporating New South Wales at [58].
178. MDBA, n 23.
179. Water Act 2007 (Cth), s 3.
180. Water Act 2007 (Cth), Sch 3, cl 2.
181. NWC, n 28, pp xii-xxiv.
182. NWC, n 28, pp xii-xxiv.
183. NWC, n 28, pp xii-xxiv.
184. ACCC, n 19, p ix.
185. ACCC, n 19, pp 43-47. Water access rights are defined at p viii of the report.
186. ACCC, n 19, pp 33-37.
187. This paragraph is based on ACCC, n 19, pp 40-43.
188. ACCC, n 19, p 47.
189. ACCC, n 19, p 47.
190. ACCC, n 19, pp 66-67.
191. Eg Victoria. ACCC, n 19, p 69.
192. ACCC, n 19, p 69.
193. ACCC, n 19, p iii.
194. ACCC, n 19, p 84. All discussion here based on this reference.
195. NWC, n 11, cll 87, 88.
196. ACCC, n 19, p 85.
197. ACCC, n 19, pp 43-46.
198. ACCC, n 19, p 43.
199. Proposed Murray-Darling Basin Plan, n 17, particularly cl 11.06.
200. Acknowledged in ACCC, n 19, pp 19, 43, 44, 46.
201. For example, in the electricity, telecommunications, superannuation and banking sectors declines in the rate of churn (ie change to a new provider) are arguably associated with difficulties in deciding which provider to choose because there are so many options.
202. Until 2009, in Victoria, there was a 10% limit on the proportion of water access entitlements that could be owned by non-landowners. In New South Wales, there were embargoes on trades of water access entitlements to environmental water holders.
203. ACCC, n 19, p 33.
204. ACCC, n 19, p 33.
205. ACCC, n 19, pp 33-34. Water barons accumulate water rights.
206. Proposed Murray-Darling Basin Plan, n 17, particularly cl 11.07.
207. ACCC, n 19, p 38.
208. ACCC, n 19, p 36.
209. Water is commonly regarded as special because it is essential to human life and is fugacious in form. Regarding protocols, see submissions to ACCC by National Farmers Federation and the National Irrigators' Council referred to at p 36 of the Final Advice (ACCC, n 19). Arguably, the ACCC's Final Advice marginalised some dissent from free trade.
210. NWC, n 28.
211. National Water Commission, Strengthening Australia's Water Markets (2011) p xi, http://www.nwc.gov.au viewed 6 June 2012.
212. NWC, n 28, p 58. Note in the Victorian dairy regions there was greater satisfaction with trading.
213. NWC, n 28, p 70.
214. NWC, n 28, p 58
215. NWC, n 28, p 59.
216. A great deal has been invested in trading as a tool of water management. It will be important to remain critical about its success and not to marginalise negative views by exclusionary reporting devices that acknowledge negative outcomes or views and then proceed to ignore them.
217. Gardner et al, n 13, Ch 23.
218. Third Wild Law Conference (Griffith University, 16-18 September 2011)
219. Earth Law Resources Center, World Water Forum (California workshop, Marseilles, France, 12-17 March 2012).
220. Cullinan C, Wild Law: A Manifesto of Earth Justice (2nd ed, Green Books, 2011) Preface
221. Burdon P (ed), Exploring Wild Law (Wakefield Press, 2011)
222. Stone C, Should Trees Have Standing? (3rd ed, Oxford University Press, 2010)
223. Burdon P, "The Future of a River: Earth Jurisprudence and the Murray Darling Basin" (2012) 37(2) Alternative Law Journal (forthcoming)
224. Shiva V, Water Wars: Privatisation, Pollution and Profit (South End Press, 2002).
225. Although all forms of life may not have moral equivalence. See Ott K, "A Modest Proposal about How to Proceed in Order to Solve the Problem of Inherent Moral Value in Nature" in Westra L, Bosselmann K and Westra R, Reconciling Human Existence with Ecological Integrity (2008) cited in Burdon (2012), n 161.
226. Environmental water trading may challenge this proposition slightly but probably does not have a major impact on it.
227. Murray-Darling Basin Authority, Have Your Say (Australian Government, 2008), http://www.mdba.gov.au/have-your-say/view-submission viewed 6 June 2012.
228. NWC, n 28, p xi.
229. NWC, n 28, p xi.
230. NWC, n 28, p v.