Critical Human Water Needs: Failing to Comply with the Objects of the Water Act and Human Rights Obligations

摘要

In developing water resource management plans pursuant to the Water Act 2007 (Cth) (the Act), Basin States must have regard to the management of its water resources during extreme dry periods.This article critically analyses the provisions relating to critical human water needs in Pt 2A of the Act and whether they extend to meeting the basic human rights to water and an adequate standard of living with respect of Australian agricultural production and national security. It considers the importance of water and food security in the Murray-Darling Basin, Australia's international obligations and the economic and social costs of water management within the Murray-Darling Basin in conjunction with the overarching objects of the Act. Significantly, this article identifies that the current interpretation of Pt 2A conflicts with the objects of the Act and is in breach of international human rights obligations.