MINE DEWATERING IN THE PILBARA: A LEGAL FRAMEWORK FOR MANAGING THE CUMULATIVE IMPACTS ON ENVIRONMENTAL VALUES AND INDIGENOUS INTERESTS

摘要

This article seeks to demonstrate the need for legislative reform to address the cumulative effects of mine water use on environmental values and Indigenous interests in Western Australia's Pilbara region. The framework established under the Rights in Water and Irrigation Act 1914 (WA) has not ensured an effective strategic approach was taken in licensing mine dewatering in the Pilbara. Further, the various laws governing the mine approval process are fragmented and do not collectively form a framework to manage cumulative impacts. This article proposes options for legislative reform including integrating the National Water Initiative into Western Australia's mining industry and thereby creating water allocation plans for the regulation of mine water use.