Modern Australian
Men's Weekly

.

Deal on Murray Darling Basin Plan could make history for Indigenous water rights

  • Written by Sue Jackson, Professor, ARC Future Fellow, Griffith University

On Monday night the Labor Party agreed to a federal government policy package intended to ensure the survival of the Murray-Darling Basin Plan.

The proposed amendments to the plan, and the complex technical details of water allocation, have been heavily scrutinised as a politically intriguing development in the long-standing contest between allocating water for the environment or for irrigation.

What is less appreciated is that, if implemented, the bipartisan commitment may do more to advance the water rights of Aboriginal peoples in the Murray-Darling Basin than any other government initiative in the history of the region.

Read more: We need more than just extra water to save the Murray-Darling Basin

Long-overdue measures

Traditional owners of the Murray-Darling Basin have been told for too long that there is no water left for their needs. Our research estimated that Indigenous-specific water entitlements comprise much less than 1% of Australian water allocations.

The agreed measures include A$40 million for Aboriginal communities to invest in water entitlements for both economic and cultural purposes, a A$20 million economic development fund to benefit Aboriginal groups most affected by the basin plan, and A$1.5 million to support Aboriginal waterway assessments.

State water resource plans in the northern basin will be expected to provide water entitlements for Aboriginal groups. Environmental water programs will be open to Aboriginal participation, address Aboriginal values, and offer job opportunities in restoration projects.

Read more: Millions of rotting fish: turtles and crays can save us from Carpageddon

Additionally, more support will be provided for the two representative Aboriginal water alliances, the Murray Lower Darling Rivers Indigenous Nations and the Northern Basin Aboriginal Nations. They have been struggling to have their claims for water rights heard amid the more influential concerns of the irrigation, environmental and scientific sectors.

These social justice measures are long overdue. Aboriginal rights are a blind spot in the country’s water governance arrangements and in its broader relationship with Indigenous peoples.

A history of dispossession

Australia’s pattern of inequitable distribution been entrenched at each juncture of water law reform: when rights to the use and control of water were vested in the Crown in the late 1800s, and again in the 1990s when Australian governments moved to establish a water market, without considering the implications for Indigenous peoples.

National water policy didn’t recognise Indigenous water rights until 2004 – a full decade after the Mabo High Court decision and the Native Title Act 1993.

The National Water Initiative requires that Indigenous water needs are addressed, but the reality falls short. Until now little serious attention has been given to securing Indigenous access to commercially valuable water entitlements.

As a result, Indigenous people have been largely excluded from the benefits of government agreements that have created tradable entitlements and environmental allocations. A combination of narrow interpretations of customary rights to water, long delays around native title claims, discretionary terminology in the national policy, and the contentious nature of allocating water to “new” water users in the stressed Murray Darling Basin has precluded Indigenous access.

Read more: 'Tax returns for water': satellite-audited statements can save the Murray-Darling

With many parts of the basin fully allocated to water users with a history of access and entitlement, Indigenous communities in these regions remain greatly constrained in their ability to shape the use and management of water.

Since 2004, numerous government reviews and reports have noted that water plans, among other shortcomings, are failing to achieve Indigenous objectives. A 2017 Productivity Commission review referred to the needs of Indigenous peoples as the “unfinished business” of water reform. It shied away from recommending strong reallocation measures, however, on the premise that water for Indigenous commercial purposes “is separate from the provision of water for cultural purposes and is not addressed in the NWI”.

Deal on Murray Darling Basin Plan could make history for Indigenous water rights Members of the Waywurru Nation, with others, at the junction of the Ovens and King rivers, Victoria. Photo by MDBA

Indigenous Australians see clear connections between the past and present in accounting for the skewed distribution of entitlements and for the lack of control they are able to assert over water management.

Throughout the recent reform era Indigenous organisations and academics have recommended reallocation measures, such as a water trust facility, buy-backs or special purpose licences, but these have not occurred on any meaningful scale.

For example, the NSW Aboriginal Land Council put forward a proposal for a water trust when NSW reformed its water law in 2000. This would have allowed Aboriginal people to participate in the water market and allocate water to meet self-determined objectives. The proposal included a small levy on water trades to support costs, but it was not supported.

According to Indigenous lawyer Tony McAvoy, the government considered expenditure of this magnitude to be “reckless”. The water market was still developing and thought to be too volatile.

Environmental degradation has also eroded the capacity of the basin’s river systems to meet the needs of Indigenous people. Although many, including traditional owner groups, are gravely concerned about the environmental consequences of the bipartisan agreement, if implemented in full, it will represent a significant step towards water rights restitution in the Murray-Darling Basin.

Read more: It will take decades, but the Murray Darling Basin Plan is delivering environmental improvements

It is hoped that the experience of restoring some measure of water justice to the many Aboriginal nations of the basin will inspire Australian parliaments to pursue similar reforms for the benefit of Indigenous communities in the rest of the country.

Authors: Sue Jackson, Professor, ARC Future Fellow, Griffith University

Read more http://theconversation.com/deal-on-murray-darling-basin-plan-could-make-history-for-indigenous-water-rights-96264

The Importance Of Structured Commercial Office Cleaning In Busy Office Environments

Office spaces are dynamic environments where people collaborate, meet clients, and spend a significant portion of their day. Maintaining cleanliness...

Single Tooth Dental Implant for Natural Tooth Replacement and Lasting Stability

Losing a single tooth can have a noticeable impact on comfort, appearance, and confidence, which is why a Single Tooth Dental Implant is considered...

When Grief Doesn’t Follow a Timeline

Grief rarely moves in a straight line. It doesn’t follow stages neatly, and it doesn’t respond well to pressure — especially the quiet pressure ...

Steel Plate And Its Role In Modern Construction And Manufacturing

A steel plate is one of those materials that quietly holds the modern world together. It does not demand attention, yet it supports bridges, buildin...

Understanding Fat Transfer to the Breast: What to Know Before Considering the Procedure

Surgical options for breast enhancement have evolved over time, offering different approaches depending on a person’s goals and body type. One opt...

What to Do When Your Car’s Side Window Is Broken

A shattered side window is more than an inconvenience. Whether caused by a break-in, road debris, or accidental impact, it leaves your vehicle exposed...

Shopify Web Development and Shopify Website Development for Scalable Online Stores

Choosing the right platform is a crucial decision for any online business, and Shopify web development has become a popular choice for brands that ...

How a Burleigh Heads Plumber Tests for Pipe Leaks

Pipe leaks can be deceptively difficult to spot. Some announce themselves with a steady drip under the sink, but many develop quietly behind walls, ...

What Local Businesses Should Expect from IT Services in Melbourne?

If you run a Melbourne business with roughly 7–100 staff, you have probably noticed something over the last couple of years. The IT problems got m...

How Professional Cleaning Improves Indoor Air Quality

Indoor air quality (IAQ) plays a crucial role in our health, comfort, and overall wellbeing. Australians spend nearly 90% of their time indoors-at hom...

Solar and Solar Battery Systems: Powering Smarter Homes in Victoria

As energy prices continue to rise and sustainability becomes a priority for Australian homeowners, more families are investing in Solar and Solar Ba...

Plumbing Emergency Melbourne: What to Do When Every Minute Counts

A sudden plumbing issue can quickly turn into a major disaster if not handled promptly. From burst pipes and overflowing toilets to leaking gas line...

Why Older Melbourne Homes Require Detailed Building & Pest Inspections

Older homes make up a large part of Melbourne’s housing stock. Victorian terraces, Edwardian houses, Californian bungalows, and post-war brick hom...

7 Essential Tips for Choosing Reliable Moving Services in Perth

Moving to a new home or office can be exciting, but it also comes with stress, planning, and plenty of decisions. One of the most important choices yo...

How to Find the Best Real Estate Agent Near You on the Central Coast

Choosing the right real estate agent can make a major difference to your final sale price, days on market, and overall experience. The Central Coast...

Unlock Durability And Beauty With Burnt Timber Cladding Solutions

Imagine a home or commercial space that not only stands the test of time but also tells a story through its very facade. In the world of architectur...

Offroad Caravans: Built for Adventure Beyond the Beaten Track

Australia’s vast and varied landscapes invite travellers to explore far beyond sealed roads and crowded parks. Offroad caravans are purpose-built ...

The Expert's Guide to Understanding Large Bore Steel Pipe Specifications

When it comes to infrastructure, construction, and various industrial applications, the choice of materials is paramount. Among the options availabl...