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Water Law & Natural Resources Management (LAWS70185)
Graduate coursework level 7Points: 12.5Not available in 2023
To learn more, visit 2023 Course and subject delivery.
Overview
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Water law and natural resources management are fundamental to human society, environmental protection and economic productivity. Legal rules around water are found in all societies. Water is both a human right but also a source of conflict – that law seeks to regulate. There is increasing pressure on water globally, and extreme events such as drought, heighten tensions around water allocation in Australia and many other countries.
The subject considers the international laws governing freshwater, including trans-jurisdictional water governance for major shared river systems. It examines contemporary trends in water law and governance such climate change impacts on water availability. It provides an overview of common law rules around water allocation and water quality. There is a major focus on indigenous water rights and rights for rivers.
The subject provides an in-depth understanding of the federal water legislation governing the Murray-Darling Basin and the Victorian water legislation- including water trading. It introduces urban water laws, with a focus on water pollution controls. It examines the innovative reforms around environmental water and the ecological protection of rivers and groundwater. It provides a case study of the impacts on groundwater due to mining and fracking.
Principal topics include:
- International and comparative law and policy governing water, including relevant treaties and conventions, and case law
- Water rights: including human rights and Indigenous peoples’ rights
- Common law rules for surface and groundwater
- The Australian national water law reform model
- The Water Act 2007 (Cth), including water trading and water planning
- Environmental water law and regulation – including the Environmental Water Holders
- Victorian water laws, including water authorities and governance models
- Water quality: addressing point source and diffuse water pollution
- Integrated catchment legislation
- Urban water laws, including water-sensitive urban design.
Intended learning outcomes
A student who has successfully completed this subject will be able to:
- Appreciate the importance of water law at an international, national and regional level in terms of increasing water resource pressures and the impacts of human development upon water;
- Analyze the key features of international water law treaties, conventions and case law; including by reference to sustainability and human rights objectives.
- Analyze the sources of inter-jurisdictional conflicts over water, analyze the context for water law development in Australia;
- Appreciate common themes and challenges experienced in the water law regimes of other national jurisdictions
- Understand water law and policy at an Australian state and federal level, with specific knowledge of the Water Act 1989 (Vic); Water Act 2007 (C’th) and the Basin Plan;
- Understand and analyze the role of water markets;
- Synthesize knowledge about; and evaluate the development of environmental water law concepts;
- Understand and apply the general concepts of water quality and water pollution laws; and
- Reflect upon and critically evaluate issues around cultural water values and indigenous peoples’ rights to water.
Last updated: 10 November 2023
Eligibility and requirements
Prerequisites
None
Corequisites
None
Non-allowed subjects
None
Recommended background knowledge
Applicants without legal qualifications should note that subjects are offered in the discipline of law at an advanced graduate level. While every effort will be made to meet the needs of students trained in other fields, concessions will not be made in the general level of instruction or assessment. Most subjects assume the knowledge usually acquired in a degree in law (LLB, JD or equivalent). Applicants should note that admission to some subjects in the Melbourne Law Masters will be dependent upon the individual applicant’s educational background and professional experience.
Inherent requirements (core participation requirements)
The University of Melbourne is committed to providing students with reasonable adjustments to assessment and participation under the Disability Standards for Education (2005), and the Assessment and Results Policy (MPF1326). Students are expected to meet the core participation requirements for their course. These can be viewed under Entry and Participation Requirements for the course outlines in the Handbook.
Further details on how to seek academic adjustments can be found on the Student Equity and Disability Support website: http://services.unimelb.edu.au/student-equity/home
Last updated: 10 November 2023
Assessment
Description | Timing | Percentage |
---|---|---|
In-class presentation (oral presentation (10 mins) and lead discussion (5 mins)) and written presentation (1,000 - 1,500 words) (10% oral and 15% written)
| Due date of presentations to be finalised during the teaching period. | 25% |
Research paper on a topic approved by the subject coordinator
| 8 February 2023 | 75% |
Hurdle requirement: A minimum of 75% attendance. Note: the attendance hurdle does not apply when the subject is delivered online, however attendance at all live online sessions is expected. | Throughout the teaching period | N/A |
Last updated: 10 November 2023
Quotas apply to this subject
Dates & times
Not available in 2023
Additional delivery details
This subject has a quota of 30 students.
Enrolment is on a 'first in' basis. Waitlists are maintained for subjects that are fully subscribed.
Students should note priority of waitlisted places in subjects will be given as follows:
- To currently enrolled Graduate Diploma and Masters students with a satisfactory record in their degree
- To other students enrolling on a single subject basis, eg Community Access Program (CAP) students, cross-institutional study and cross-faculty study.
Please refer to the Melbourne Law Masters website for further information about the management of subject quotas and waitlists.
Melbourne Law School may reserve places in a subject for incoming international cohorts or where a subject is core to a specialisation with limited alternate options.
Last updated: 10 November 2023
Further information
- Texts
Prescribed texts
Specialist materials will be made available via the LMS in the pre-teaching period.
- Related Handbook entries
This subject contributes to the following:
- Links to additional information
- Available through the Community Access Program
About the Community Access Program (CAP)
This subject is available through the Community Access Program (also called Single Subject Studies) which allows you to enrol in single subjects offered by the University of Melbourne, without the commitment required to complete a whole degree.
Entry requirements including prerequisites may apply. Please refer to the CAP applications page for further information.
Additional information for this subject
If required, please contact law-masters@unimelb.edu.au for subject coordinator approval.
- Available to Study Abroad and/or Study Exchange Students
This subject is available to students studying at the University from eligible overseas institutions on exchange and study abroad. Students are required to satisfy any listed requirements, such as pre- and co-requisites, for enrolment in the subject.
Last updated: 10 November 2023