ABSTRACT

This chapter provides a comprehensive analysis of water allocation law and policy in Australia. It begins by examining the more recent reforms which began with the National Water Initiative 2004 and Water Act 2007 (Cth). The reforms have focused on improving a range of factors in relation to water allocation via market allocation. The market allocation is closely regulated within states. The state level analysis provides details on how the Commonwealth Water Act 2007 (Cth) is being enacted. The chapter conveys the complex constitutional context of Australian water allocation to the point where it could potentially undermine progress that has been made in that area to date. The Australian account includes the controversies relating to the setting of environmental flows for the Murray-Darling Basin and how it is also a political issue.