9781351239813 (electronic book) 1351239813 (electronic book) 9781351239820 (electronic book) 1351239821 (electronic book) 9781351239790 (electronic book : Mobipocket) 1351239791 (electronic book : Mobipocket) 9781351239806 (electronic book : EPUB) 1351239805 (electronic book : EPUB) 9780815375425
Indigenous peoples and the law series
In an era of climate change, the need to manage our water resources effectively for future generations has become an increasingly significant challenge. Indigenous management practices have been successfully used to manage inland water systems around the world for thousands of years, and Indigenous people have been calling for a greater role in the management of water resources. As First Peoples and as holders of important knowledge of sustainable water management practices, they regard themselves as custodians and rights holders, deserving of a meaningful role in decision-making. This book argues that a key (albeit not the only) means of ensuring appropriate participation in decision-making about water management is for such participation to be legislatively mandated. To this end, the book draws on case studies in Australia and New Zealand in order to elaborate the legislative tools necessary to ensure Indigenous participation, consultation and representation in the water management landscape.
Formatted Contents Note
Cover; Half Title; Series page; Title page; Copyright page; Table of contents; Acknowledgements; List of abbreviations; Introduction; PART A: The international context; 1. Exploring Indigenous participation why is it important?; Holders of valuable knowledge; Expectations arising from international law; Expectations arising from Indigenous legal theory; Valuing the Indigenous voice; Concluding remarks; PART B: Case study: Australia historical context; 2. History of water law in Australia; Common law water rights; Reception of the common law into Australia Common law rules in the Australian contextThe Victorian response; Federation, the Australian Constitution and responsibility for water management; The development of water law federation to the present; Intergovernmental Agreement on a National Water Initiative; Concluding remarks; 3. Indigenous participation in the development of Australian water management regimes; Voting rights; The power of the Aboriginal vote; Lobby groups; Indigenous participation in the development of water management regimes post-federation; Concluding remarks PART C: Current status of Indigenous water management rights: Commonwealth legislation4. Native title as a source of Indigenous water rights; Background to the Native Title Act 1993 (Cth); The NTA and native title rights to water; Concluding remarks; 5. Other Commonwealth legislation relating to Indigenous participation in water management; Introduction; Water Act 2007 (Cth); Concluding remarks; PART D: Case study: Victoria; 6. Indigenous participation in water management via the Water Act 1989 (Vic); Introduction; Background and policy context Traditional Owner rights under the Water Act 1989 (Vic)Consultative committees; Waterway management; Concluding remarks; 7. Victorian Indigenous rights legislation, environment and land management legislation and the management of water resources; Land rights legislation; Background; Joint management and the Traditional Owner Settlement Act; Concluding remarks; Heritage protection legislation: the Aboriginal Heritage Act 2006 (Vic); Cultural Heritage Management Plans; Review of the Aboriginal Heritage Act Role of the Commonwealth heritage legislation the Aboriginal and Torres Strait Islander Heritage Protection Act 1984 (Cth)Environmental and land management legislation; Concluding remarks; PART E: Case study: Aotearoa New Zealand; 8. History of water law in Aotearoa New Zealand; Introduction; Ma-ori water management pre-colonisation; Treaty of Waitangi; The development of Aotearoa New Zealand's water management regime; Local government reform; Concluding remarks; 9. Engaging with Māori rights native title, and the Resource Management Act 1991 (NZ); Māori water rights and native title
Digital File Characteristics
Source of Description
OCLC-licensed vendor bibliographic record.