Media Release
Thursday 7 October 2010
MATTILA|LAWYERS
ABN 58 993 801 382
Level 27, Chifley Tower, 2 Chifley Square Sydney NSW 2000 AUSTRALIA
Will the Murray-Darling Basin Plan have legs or teeth?
The Murray-Darling Basin Plan might notmake it through Parliament, and even if it does it
may prove legally unenforceable or constitutionally invalid,Australia’s foremost expert in
water lawhas warned.
JenniMattila says, ‘Tomorrow’s releaseof the much-anticipated guide to the Murray-Darling
Basin Plan will fuel the ongoing debate between agricultural and environmental interest
groups, but the key issue is whether a Basin Plan will have any effect at all.’
The publication of the guide at 4pm tomorrow will foreshadow how the Murray-Darling
Basin Authority proposes to balance environmental and socio-economic objectives to create a
sustainable future for the food bowl of Australia when it releases its final Basin Plan next
year.
‘Whether the final Basin Plan favours the environmental welfare of the rivers or the social
and financial welfare of the rural communities that rely on the rivers, enabling legislation will
have to be passed by both houses of Parliament. And that’s not a foregone conclusion.’
Even if the Basin Plan legislation were enacted, it would prove a major test of federal-state
relations. ‘How would the Federal Government enforce such a plan against a stategovernment
concerned about political popularityamongst its rural electorates?’
There is also a potential constitutional issue, Ms Mattila says. ‘The states may refuse to
implement the detail of the Plan if they believe it goes beyond the ambit of power they
referred to the Commonwealth. This problem is exacerbated by the fact that some states must
impose the reductions before others – and given the history of the buyback process, there is
genuine concern that one or more of the states may renege.’
Even if the federal and state governments reach consensus, it’s conceivable that farmers,
mining companies and other water-licenceholders may challenge a state government’s
implementation of the Basin Plan in their catchment area. ‘There are many requirements
under administrative law that impose obligations upon state governments to act reasonably
when making decisions – they do not have carte blanche. We’ve acted for several clients in
similar cases over the past 7 years.’
‘ManyAustralians may think the Plan will decide the fate of the Murray-Darling Basin. But
we’re still a long way from that.’
Media contact: Tim Haydon, phone 0422 532 531.
NEWS 
