6.2: Indigenous rights to water in northern Australia

Leader:

Michael O'Donnell

Abstract

<p>This project builds on recent work done on international developments in Indigenous water rights. The project is examining the detail of present law and associated process in northern Australia and the way it deals with native title and other Indigenous interests in water. In particular, the project will investigate (i) the match of State and Territory law to the National Water Initiative in areas affecting Indigenous interests; (ii) obligations under existing law and process in water planning, including the nature of consultation required, treatment of native title etc and; (iii) implications of recent court decisions (especially Blue Mud Bay).</p>

Outcomes

The outcome sought will be to position government and non-Government policy-makers to understand the suitability of existing law and proposals for new law to deal effectively and equitably with Indigenous interests in water in the north Australian situation. The perspective offered will complement other projects on the role of markets and the influence of Indigenous rights and interests on them.

Where is the research happening?

The project is working across all north Australian jurisdictions (Western Australia, Northern Territory and Queensland) and will also include Commonwealth law.

Who's involved

This TRaCK Project is coordinated through the North Australian Indigenous Land and Sea Management Alliance (NAILSMA). The project is supervised by Mr Michael O'Donnell who is supported by a Project Advisory Committee.