Poh Ling Tan, Griffith University, Law School, p.tan@griffith.edu.au
Introduction
Economic rationalism imbued with development imperatives underpinned Australian approaches in water policy in past decades. When it became apparent during the 1970s that water was over-allocated in the heavily irrigated states of Victoria and New South Wales, its quality deteriorated and land salinised, the economic viability of irrigated agriculture became a contentious issue. Structural reform under policy developed in the 1990s primarily focussed on economic instruments such as property rights and water markets with lesser attention to sustainability and Indigenous interests were overlooked in major policy and legal reforms to the water sector. The interests of Indigenous peoples appeared on Australia’s water agenda for the first time with the National Water Initiative (NWI). The objectives of the NWI include providing for sustainable use of water, increasing the security of water access entitlements and ensuring the economically efficient use of water. These are to be achieved principally by strengthening environmental flow provisions, removing barriers to markets in water, and providing for public benefit outcomes through water planning mechanisms. Parties to the NWI have agreed to that water planning frameworks should recognise Indigenous needs in relation to access and management.
Key words: water, Indigenous rights, Indigenous culture, Australia, native title, co-management, policy