The Evolution of Groundwater Management Policy in the States of Australia

Abstract

The isolated British colonies in Australia formed strongly independent jurisdictions that initiated management of their own resources. The states’ power to manage water resources was enshrined in the Federal Constitution in 1900 and is still in operation today. This evolution of groundwater management in Australia contrasts with the French approach, whereby groundwater management approaches are determined at the national level. The colonies inherited the British riparian doctrine that gave landholders rights to water contiguous with and adjoining their land. In 1886, the state of Victoria enacted legislation that exclusively vested the right to the use of water in any watercourse in the state, and subordinated the rights of the individual. This approach forms the basis for the successful and efficient management of groundwater resources throughout Australia today. Two case studies present different approaches to the management and allocation of groundwater that are employed in Australian states, and how the level of entitlements is adjusted to meet sustainable extraction limits. Water reform efforts over the last two decades under federal frameworks and approaches are also discussed.