17-11-2000

Emerging legal issues surrounding dryland salinity in Australia were explored during a special session of Australia's National Dryland Salinity Program (NDSP) 'Salinity Stocktake' conference being held in Bendigo, Victoria this week.

The session focussed on salinity and the law, examining past and present legal frameworks for natural resource management. Research and development needs were also identified to help manage the social and legal implications of dryland salinity relating to both built and natural public and private assets.

Keynote speaker at the conference, environmental law specialist from Wollongong University's Centre for Natural Resources Law and Policy, Professor David Farrier, said that dryland salinity was not only one of the most significant environmental problems facing Australia, but also a massive social problem.

Professor Farrier said existing Commonwealth legislative initiatives under the Environmental Protection and Biodiversity Act 1999 failed to take a whole-of-landscape approach to natural resource management, ignore the degradation caused by existing land uses and neglected the need to locate the debate about the role of regulation in the context of the broader mix of policy instruments which are available to influence human activities.

'We do not escape the difficulties of regulating land use by introducing tradeable permit systems,' said Professor Farrier. 'Government will still have to make very difficult decisions - it cannot simply hand them over to the market.'

Ian Turley, Barrister and Solicitor, Supreme Courts of Victoria and NSW told the conference that dryland salinity was likely to spawn many common claims for damages.

'It is arguable that methods of agriculture and water management advocated, implemented or even mandated by various private entities and public authorities may have contributed to the problem,' Mr Turley said.

'It is also arguable that preventative and even remedial measures may have been unduly delayed. The costs include damage to water appliances, increased production costs for irrigators, reduced agricultural yields, structural and infrastructure damage as well as income foregone.'

Other speakers at the special session included:

• Louise Hicks, Senior Lawyer, Maddock Lonie and Chisholm (topic: local government - a major player in the battle against salinity).
• Wayne Gumley, Senior Lecturer in Law, Monash University (topic: the role of taxation and financial incentives in salinity management).
• Alex Gardner, Senior Lecturer in Law, University of Western Australia (topic: salinity credits).
  
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Please contact Land & Water Australia
Email: land&wateraustralia@lwa.gov.au
Phone: 02 6263 6000