Evidentiary Issues with the Implementation of the Sustainability Duty of Care in the Basin Plan

Abstract

This chapter explores some of the possible legal ramifications of implementing the sustainability duty of care in the Murray-Darling Basin Plan. Australia — having pushed to the limits all available power bases in the Federal Constitution — was able to achieve a political settlement with the States in 2008. This enabled the Federal government to use power refered from the States under section 51(37) of the Constitution. These unique sets of legal arrangements were marshalled to enact the Water Act 2007 with its requirements to draft the first Basin Plan for sustainable diversion of surface and groundwater in the Murray-Darling Basin (MDB) area of four States. The Basin Plan will be known as the Murray-Darling Basin Plan. The Guide to the proposed Basin Plan (released in October 2010) is the locus for community consultation on ‘the quality of the data and evidence used and the analyses undertaken’ (MDBA 2010:ix).

Keywords: water law