ABSTRACT

This chapter shows how water law constructs the aquatic environment in south-eastern Australia. The environmental water managers (EWM) of south-eastern Australia are embedded within water law frameworks that operate at the state and national levels within the federation of Australia. Australia’s water laws have their origins in riparian rights, but over the past century they have transitioned to a statutory regime in response to the need to manage highly variable water supplies. In south-eastern Australia the oldest water statute in operation is Victoria’s Water Act 1989, which constructs the aquatic environment as something that supports a range of social and ecological uses. The EWMs are identifiable organisations that are accorded legal personality, with specific objectives to improve the health of aquatic ecosystems over time using environmental water rights. The operation of the EWMs in south-eastern Australia is a consequence of the particular emphasis of Australia’s water laws, which are intended to manage the use of water resources.