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Water Rights & Contemporary Policy - JURD7835
Law Books

 
Faculty: Faculty of Law
 
 
School:  Faculty of Law
 
 
Course Outline: See below
 
 
Campus: Kensington Campus
 
 
Career: Postgraduate
 
 
Units of Credit: 6
 
 
EFTSL: 0.12500 (more info)
 
 
Indicative Contact Hours per Week: 2
 
 
Enrolment Requirements:
 
 
36 UOC completed in Juris Doctor Program (9150)
 
 
Excluded: LAWS8235
 
 
CSS Contribution Charge:Band 2 (more info)
 
 
Tuition Fee:See Tuition Fee Schedule
 
 
Further Information: See Class Timetable
 
 

Description

Water is essential to the survival of the planet but it is a limited global resource. Therefore, how we should manage its use becomes an issue of key importance. There are different sources of water, which have given rise historically to different kinds of rights in water such as riparian rights, rights in surface water outside channels and rights in underground water. Further, rights in water have traditionally been tied to rights in land but partly as part of an attempt to focus water management on the concept of sustainability rather than consumption, some jurisdictions (eg New South Wales) have severed water rights from land rights. Such a severance raises the issue of how the law should deal with the commodification and tradability of water, for example. Of course, another issue that is raised, is how rights in water should be characterised and whether the scheme regulating water should reflect the scheme dealing with the registration of rights in land.


Recommended Prior Knowledge

None

Course Objectives

The objective of this course is to provide students with a basic knowledge and understanding of both the substantive and policy aspects of Water Law. The course examines the basic objectives and principles underlying water management and includes an examination and critique of their effectiveness.

Main Topics

  • The significance of water and why it needs to be managed and regulated
  • The history of water law in NSW
  • Legislation regulating water use with a key focus on the Water Management Act 2000 (NSW)
  • The protection of Aboriginal interests in relation to water
  • The commodification and trading of water both domestically and internationally
  • The perspectives of the various stakeholders and the nexus between policy and law
  • City water regulation (cf rural water)
  • Water regulation in other jurisdictions

Assessment

Class participation Preparation and engagement in class 20%
Oral presentation 20%
Research paper 6,500 words (max.) 60%
 

Course Texts

Prescribed
Materials for the course have been prepared by the lecturer in charge and will be for sale in the UNSW bookshop. All students are expected to buy them. A more detailed schedule of allocated readings will be distributed to students once the course commences.

Recommended
None

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© The University of New South Wales (CRICOS Provider No.: 00098G), 2004-2011. The information contained in this Handbook is indicative only. While every effort is made to keep this information up-to-date, the University reserves the right to discontinue or vary arrangements, programs and courses at any time without notice and at its discretion. While the University will try to avoid or minimise any inconvenience, changes may also be made to programs, courses and staff after enrolment. The University may also set limits on the number of students in a course.