Water Law Symposium

Join us for our premier event covering Water law, policy and regulation and help shape the conversation for 2024. With legal and water industry experts, explore the future of water law and governance. Learn about implications of water market proposed reforms, climate adaptation, enforcement actions and more. Engage with experts and gain insights into the evolving water regulation landscape. 

Friday, 1 March 2024
12:55pm to 1:15pm Regulating Water in a Changing Climate: Panel Discussion

Panel Includes:

Dr Madeleine Hartley, Senior Advisor AEMC; Churchill Fellow 2019

Prof. Rosemary Lyster, Professor of Climate and Environmental Law, Director, Australian Centre for Climate Change and Environmental Law, University of Sydney

Richard Beasley SC, Level 9, Wentworth Chambers; Commissioner for the Murray River (SA)

Feli McHughes, Chairperson, Northern Basin Aboriginal Nations (NBAN)

Session 1: Regulating Water in a Changing Climate

Chair: Mike Young, Professor Emeritus, Water and Environmental Policy, University of Adelaide

9:10am to 9:50am Opening Address: Water Markets Reform Roadmap
  • A brief refresh on water markets and why they matter
  • Why the reform roadmap was developed
  • Outline of the key proposed reforms
  • How the roadmap will be implemented

Presented by Jacyleen Ong, Water Law & Policy Independent Consultant

9:50am to 10:40am Water Law for Equity in a Changing Climate: Applying International Lessons to the Murray-Darling Basin States
  • Lessons from England, Chile, the Western USA, and COP27/28 in preparing law and policy frameworks for extreme events like droughts and floods and, also, system shifts to a drier or wetter regime
  • Exploring the potential of a climate framework to integrate water resource frameworks with broader climate-related policies, aligning fragmented policy portfolios impacted by climate change

Presented by Dr Madeleine Hartley, Senior Advisor AEMC; Churchill Fellow 2019

10:55am to 11:35am Enforcement Action Under the Water Management Act 2000 (NSW)
  • Update on NRAR regulatory priorities
  • Outcomes of recent NRAR prosecutions: a case analysis
  • Enforceable undertakings

Presented by Sarah-jane Morris, Director Legal, and Isabella Mangos, Senior Legal Officer Natural Resources Access Regulator

11:35am to 12:15pm Water Sharing in NSW in 2023
  • Water sharing plan reviews: lessons from the Murray-Darling Basin Royal Commission 
  • Access to water: recent cases

Presented by Ballanda Sack, Special Counsel, Beatty Hughes & Associates

12:15pm to 12:55pm Is a Multispecies Water Justice Approach Possible in the Face of Neoliberalism?
  • Australia's water law is underpinned by the ideology of neoliberalism
  • A Multispecies Justice (MSJ) approach to water justice rejects the radical neoliberal laissez-faire economic policy experiment which tightly delimits the role of the state and rather endorses the crucial role of law in recognizing the ties between humans, non-humans, culture and identity
  • The presentation suggests the ways in which Australian water law and its implementation needs to change

Presented by Prof. Rosemary Lyster, Professor of Climate and Environmental Law, Director, Australian Centre for Climate Change and Environmental Law, University of Sydney

Professional Skills
2:30pm to 3:10pm Governing the Coming Scarcity of Water in the Murray-Darling Basin: From Magic Pudding to Triage
  • Stakeholders, NSW and Federal governance institutions are in denial by managing water based on historical availability
  • River inflows into the Basin are declining significantly due to climate and other environmental changes
  • Substantial reforms are needed to managing this increasing scarcity
  • The implications of changes to the Commonwealth Water Act

Presented by Prof. Jamie Pittock, Fenner School of Environment & Society, The Australian National University

3:25pm to 4:05pm Challenges and Opportunities for Water Law: Rivers as Living Entities
  • Rivers are being recognised as legal persons and living entities around the world, including here in Australia, where the Birrarung (Yarra River) is recognised in law as a single, living, integrated natural entity
  • Water law in settler-colonial Australia continues to treat water as a resource to be exploited and a commodity to be traded
  • So far, there has been very limited (if any) integration between laws that recognise rivers as legal entities and water law. With rare exceptions, rivers with legal personality do not hold rights to water or have a significant role in catchment management
  • The transnational movement to recognise rivers as rights holders creates an opportunity to transform water law, shifting towards a more relational approach and genuinely sustainable outcomes

Presented by Dr Erin O’Donnell, Senior lecturer/ARC Research Fellow at University of Melbourne, Member of the Birrarung Council

Professional Skills
4:05pm to 4:45pm Next Steps for the Basin Plan: Looking Ahead
  • The impact and implications of the Water Amendment (Restoring Our Rivers) Bill 2023?
  • Discuss the impact of the Bill on transparency and integrity of water markets in the Basin
  • Explore the effect on the protection, management, and operation of the Murray Darling Basin (MDB) and the protection of its environmental Indigenous cultural heritage values

Presented by Claire Miller, CEO, NSW Irrigators' Council

Professional Skills
4:45pm to 5:15pm First Nation Panel Conversation

This panel discussion will consider how irreversible damage to the waterways affects indigenous water practices, discussing drought hubs and intellectual property.

Presented by Feli McHughes, Chairperson, Northern Basin Aboriginal Nations (NBAN)

Presented by Sonia Cooper, Water Policy and Climate Research Officer, Yorta Yorta Nation

Presented by Dr Raelene Ward, Knowledge Broker First Nations Engagement Lead, Southern Queensland & Northern NSW Drought Resilience Adoption & Innovation Hub, Kunja Peoples Traditional Owner

Professional Skills
2:10pm to 2:30pm The Local Government Perspective
  • What is the local government perspective?
  • How are Motions passed?
  • How are Motions executed?

Presented by Mark Lamb, CEO, Murray Darling Association

Description

Attend and earn 7 CPD units including:
5 units in Substantive Law
2 units in Professional Skills

This program is based on NSW, VIC, SA legislation

REGULATORY AND LEGAL UPDATE
9:00am to 9:10am Opening Comments by the Chair
10.40am to 10.55am Morning Tea
Session 2: Exploring the Future Landscape of Water Law and Governance

Chair: Mike Young, Professor Emeritus, Water and Environmental Policy, University of Adelaide

THE FUTURE OF WATER LAW & GOVERNANCE
3.10pm to 3.25pm Afternoon Tea
2.00pm to 2.10pm Opening Comments by The Hon. Troy Grant, Inspector-General of Water Compliance (IIGWC)

Presenters


Dr. Madeleine Hartley, Principal, Water Law and Policy, Alluvium Consulting Australia, Water NSW
Dr Madeleine Hartley has a PhD in international water law from The University of Western Australia, was a visiting scholar in Colorado, has lectured in water law and international environmental law, and is a Fellow of the Peter Cullen Water and Environment Trust. Madeleine has worked in private practice, in-house legal, and now in regulatory strategy, and has experience in litigation and advice on all areas of water law and regulation across Australia. This has included major water litigation in Western Australia, reducing water law barriers to developing northern Australia, water reform in Western Australia and New South Wales, and matters involving water rights, use and policy in the Murray-Darling Basin. In 2019 Madeleine was the Lawyers Weekly Corporate Counsel Government Lawyer of the Year, and received the Corporate Counsel Excellence Award


Mr. Mark Lamb, Chief Executive Officer, Murray Darling Association
An experienced senior management executive, Mark joined the Murray Darling Association in December 2021 in the role of Chief Executive Officer. Mark has worked across various sectors, both at a local level and for global organisations, and is passionate about peak bodies, having led three peak bodies, both domestically and Internationally. Mark has an exceptional track record of organisational development, membership growth, conferencing and events, and consensus-building across complex policy areas. Mark began his career in banking and finance, before transitioning to more broadly-based financial services including financial planning and risk management. He has held a number of strategic and consulting roles, especially in relation to key areas such as leadership and team building, marketing and distribution, with proven business, strategy and operational skills. Much of his consulting was focused on the areas of professionalism - quality improvement and change management – both internally and externally. Mark has assisted many organisations to transition into new strategies and methodologies. He has global experience and expertise in training and has conducted open and in-house training courses around the world, and is a highly-rated lecturer, trainer and facilitator, experienced in behavioural change management.


Dr. Erin O'Donnell, Senior lecturer/ARC Research Fellow, University of Melbourne
Dr Erin O’Donnell is a Senior Lecturer and ARC Research Fellow at the University of Melbourne Law School. Erin is a water law and policy expert, and she is recognized internationally for her research into the ground-breaking new field of legal rights for rivers. Her work explores the challenges and opportunities these new rights create for protecting the multiple social, cultural and natural values of rivers. Her work is informed by comparative analysis across Australia, Aotearoa New Zealand, the USA, Bangladesh, India, Colombia, and Chile. She has also worked for the World Bank, examining water markets and their role in water security and sustainable development. Since 2018, Erin has been a member of the Birrarung Council, the voice of the Birrarung/Yarra River in Melbourne. Erin works in partnership with Traditional Owners across Australia on a range of projects, including leading the Cultural Water for Cultural Economies project. In 2023, Erin commenced an ARC-funded research fellowship to explore the opportunity of treaty to address aqua nullius, increase Traditional Owner power and resources in water, and create more sustainable and legitimate settler state water laws. Erin’s latest book, Legal Rights for Rivers: Competition, Collaboration, and Water Governance, is available now from Routledge.


Prof. Rosemary Lyster, Director, Australian Centre for Climate Change and Environmental Law
Rosemary Lyster is a Professor in the Faculty of Law and Director of the Australian Centre for Climate and Environmental Law (ACCEL). In the area of Environmental Law, Rosemary specialises in Energy and Climate Law, Water Law and GMOs and Environmental Law. She has published two books with Cambridge University Press in the area of Energy and Climate Law. Rosemary is also the principal author of Rosemary Lyster, Zada Lipman, Nicola Franklin, Graeme Wiffen, Linda Pearson, Environmental and Planning Law in New South Wales (Federation Press: 2007). Rosemary is the Energy and Water Special Editor of the Environmental Planning and Law Journal which is the leading environmental law journal in Australia. Rosemary is a member of the IUCN - The World Conservation Union Commission on Environmental Law, comprising environmental lawyers from around the world. She is a member of the Commission's Special Working Groups on Water and Wetlands, Energy and Climate Change and Forests. Rosemary has an extensive list of publications including books, chapters in books and articles in leading international and domestic law journals. She is a regular presenter at international and domestic conferences.


Prof. Jamie Pittock, Fenner School of Environment & Society, The Australian National University
Professor Jamie Pittock teaches courses on environment and society (ENVS1001/6101) and climate change vulnerability and adaptation (ENVS8003 & ENVS8013). He co-convenes ANU's Masters of Climate Change program. Jamie's research focusses on environmental governance, climate change adaptation, energy and sustainable management of water. Jamie manages a research projects on irrigation in Africa (Mozambique, Tanzania and Zimbabwe) and on energy and food in the Mekong region. Jamie's PhD examined integration between management of freshwater ecosystems and responses to climate change, involving case studies from nine countries. Prior to joining ANU, Jamie worked for WWF International as Director of their Global Freshwater Program on conservation of wetlands, water use in agriculture, and river basin management. He worked for WWF Australia on: national environmental laws; conservation of threatened biodiversity; management of invasive species; and measures to support Indigenous and private conservation land managers. He also worked in the Northern Territory and in Victoria. Jamie is a fellow of the Higher Education Academy (FHEA) and a graduate of the Australian Institute of Company Directors. He is a member of the Wentworth Group of Concerned Scientists and the World Commission on Protected Areas, serves on the Advisory Board of The Nature Conservancy Australia and the public fund of Water Stewardship Asia-Pacific, and chairs the Eminent Scientists Group of WWF Australia. Jamie is an editor of Regional Environmental Change, Frontiers - Freshwater Science, and Ecosystem Services.


Mr. Mike Young, Professor Emeritus Water and Environmental Policy, University of Adelaide
Mike Young holds a Research Chair in Water and Environmental Policy at the University of Adelaide, was the Founding Executive Director of its Environment Institute, is a fellow of the Academy of Social Sciences in Australia, and is a Distinguished Fellow of the Australian Agricultural and Resource Economics Society. Mike is a specialist in water policy reform and his research led to the unbundling of Australia’s water licences and the resultant development of an efficient trading system and the Australian Government decision to transfer responsibility for the administration of the Murray Darling Basin’s water resources to an independent expertise-based authority. He played a key role in establishing Australia’s National Land and Water Resources Audit. Mike is a current member of the Global Water Partnership's Technical Committee and is a recent member of the World Economic Forum’s Global Agenda Council on Water Security He was a founding member of the Wentworth Group of Concerned Scientists. In 2006, Mike was awarded Australia’s premier water research prize – the Land and Water Australia Eureka Award for Water Research. He has played a critical role in the consideration of options for the Murray Darling Basin. Prior to joining the University of Adelaide, Mike spent 30 years with CSIRO where amongst other things he established their Policy and Economic Research Unit. In 2003, Mike was awarded a Centenary Medal “for outstanding service through environmental economics”. His full curriculum vitae lists over 240 publications. More information is available at >www.myoung.net.au


Mr. Richard Beasley SC, Barrister, Level 9, Wentworth Chambers
Richard Beasley SC came to the Bar in 1997, and was appointed silk in 2011. He has conducted cases and advised on matters involving; major administrative law, planning and environmental issues (such as Barangaroo, Allianz stadium and numerous mine approvals), and land acquisition matters. He has also appeared in a wide range of commercial, contract and valuation matters. Richard was recently selected by his peers for inclusion in The Best Lawyers in Australia (2020 edition) in the fields of Government Practice and Planning and Environmental Law, and was recognised in the 2019 edition in the field of Planning and Environmental Law. From January to February 2019, Richard was Senior Counsel Assisting the Murray Darling Basin Royal Commission. In June 2018 he was appointed by the NSW Minister for Local Government as Commissioner to the Blue Mountains Public Inquiry. In 2016 he was commissioner for the Auburn City Council Public Inquiry. In July 2016 Richard was appointed as the Principal Member of the Racing Appeal Panel by Racing NSW, and was reappointed for a further two year term in July 2018. Outside of the law, Richard is the author of five novels: Hell Has Harbour Views (2001, Pan Macmillan). Hell was adapted as a telemovie on ABC TV in 2005. Hell was followed by The Ambulance Chaser (2004, Pan Macmillan); Me and Rory Macbeath (2013, Hachette); Cyanide Games (2016, Simon & Schuster and Audible) and The Burden of Lies(2017, Simon & Schuster and Audible). His author website is richardbeasley.com.au


Ms. Ballanda Sack, Special Counsel, Beatty Hughes & Associates
Ballanda Sack is Special Counsel at Beatty Hughes & Associates. Beatty Hughes & Associates is a boutique law firm based in Sydney specialising in Environmental and Planning Law. Ballanda has acted for consent authorities and objectors in water management and coastal protection related planning appeals. She has advised State and local government agencies on climate change and coastal risk management issues. Ballanda has a strong background in water licensing requirements for mining, extraction and waste management operations and surface water and groundwater impact assessment for mining and other development projects.


Ms. Sarah-jane Morris, Director Legal, Natural Resources Access Regulator
Sarah-jane Morris is a senior government lawyer and executive with 20 years’ experience providing legal advice and representation to government. She is currently the Director of Legal for the Natural Resources Access Regulator, providing criminal and administrative law advice to support enforcement of the State’s water laws. Sarah-jane has previously worked as Director, Water Law at the Department of Planning and Environment and was formerly a Director and Special Counsel at the NSW Crown Solicitor’s Office where she specialised in statutory interpretation, administrative law, criminal law and regulatory prosecutions. She has been involved with NRAR’s prosecutions since its inception.


Ms. Claire Miller, CEO, NSW Irrigators' Council
Claire Miller is the CEO of the NSW Irrigators’ Council, representing more than 12,000 water users across the State. Claire has a professional background in journalism, as a senior ministerial water policy adviser, and various roles for irrigated agricultural industries and communities. She has a Masters Degree in Environmental Studies, and is a director on the East Gippsland Catchment Management Authority board. Claire wrote the book ‘Snowy River Story’ on the campaign to restore environmental flows to the Snowy River, and is a regular wildlife conservation volunteer in South Africa.


Mr. Feli McHughes, Chairperson, Northern Basin Aboriginal Nations
Feli McHughes is a Ngemba man from the Upper Darling region of Brewarrina, with extensive experience in water resource management for First-Nations. Feli was part of the Interim Committee to establish the Northern Basin Aboriginal Nations (NBAN) in 2009, where he remains on the Board of Directors and as Nation-Delegate. Feli is also appointed on the Murray–Darling Basin Authority’s statutory Basin Community Committee (BCC). Feli has served as the NSWIC First-Nations advisor for a number of years, and is leading an award-winning project of Billabong Restoration, which seeks to address the roots of social issues facing Aboriginal people through culturally-appropriate employment to care for country, whilst embedding Indigenous science and knowledge in water management.


Ms. Jacyleen Ong, Water Law & Policy Independent Consultant
Jacyleen is a water law & policy expert with 13 years’ experience across the private & public sectors. She was the lead legal advisor to the NSW Water Division, and worked extensively on NSW Basin Plan implementation, developing water sharing plans, and implementing metering and floodplain harvesting reforms. In 2022, Jacyleen spearheaded a Commonwealth government taskforce supporting Daryl Quinlivan AO to develop the 2022 Water Market Reform Roadmap, and in 2020 she supported the NSW Independent Panel Northern Basin First Flush Assessment. Previous to working in water, Jacyleen led reforms across the mining, energy & Crown land management sectors.


Ms. Sonia Cooper, Water Policy and Climate Research Officer, Yorta Yorta Nation
Sonia Cooper is Yorta Yorta and was raised by her Nan on Cummeragunja, NSW. Sonia grew up on Country, she works and lives on Country. Her particular interests are in water, climate, law (especially contracts, intellectual property and negligence), culture and cultural protections, structural geology and geopolitics. She works and studies in these fields across various disciplines and is a strong advocate for her peoples rights and advancement. She works in the climate space and is a co-author of the Statement of the Environment -Climate Chapter for Australia.


The Hon. Troy Grant, Inspector-General of Water Compliance (IIGWC)
Following a 30-year career of public service in government, law enforcement, emergency services, social justice, community and charity, the Honourable Troy Grant was announced as Interim Inspector-General of Water Compliance by Minister for Water the Hon Keith Pitt MP on 16 December 2020 and was appointed the Inspector-General of Water Compliance on 5 August 2021. Mr Grant who has lived and worked in the Northern & Southern Basins for over 40-years served in the New South Wales Police Force for 22-years, achieving the rank of Inspector and holding many roles including major crime investigation, intelligence, community policing, human resources, and project management. Mr Grant is a decorated officer who served the majority of his career in the regions. He was awarded the National Police Medal, which recognises an officer’s commitment to ethical and diligent service. Entering the 55th New South Wales Parliament in March 2011 as the 13th elected State Member for Dubbo, Mr Grant held several Ministerial positions, and became Deputy Premier of NSW in 2014. During his time in Parliament, Mr Grant’s portfolios spanned Natural Resources, Arts, Justice, Police and Emergency Services, Trade and Investment, Regional Infrastructure and Tourism. During Mr Grant’s parliamentary career, he initiated and oversaw a significant reform of the NSW Police Force (including governance reforms), designed and implemented the Law Enforcement Conduct Commission (LECC) to streamline and strengthen law enforcement oversight and established a Special Commission of Inquiry into the Greyhound Racing Industry to investigate animal welfare and integrity issues. In the Natural Resources portfolio, Mr Grant over three years managed complex land and water issues involving a diverse range of stakeholders, including as Chair of the Land and Water Advisory Panel leading the NSW consultation process across the Basin and Chairing the Forest Industries Taskforce. He was patron of Landcare NSW securing record funding for the organisation and was the first member to speak Wiradjuri language in the NSW Parliament. Mr Grant retired from the NSW Ministry on 2 April 2019 and has been Managing Director of Perspective Advisory Services since May 2019. Mr Grant’s other current positions include Chairman of Integrity Assurance Committee – Racing NSW and is Chairman of the International Rugby League. Mr Grant lives in Queensland with his wife and has two adult children.


Dr. Raelene Ward, Knowledge Broker First Nations Engagement Lead, Southern Queensland & Northern NSW Drought Resilience Adoption & Innovation Hub
Raelene Ward is a proud Kunja woman and a traditional owner of Cunnamulla and surrounding areas on her late grandfather Albert McKellar's side, while her late grandmother Hazel McKellar is a Kooma elder from southwest Queensland. She holds the position of Senior Academic – hospital and university trained registered nurse, with a Masters and PhD in Aboriginal Suicide. Employed at the University of Southern Queensland (UniSQ) for more than 15 years, she has recently been seconded from her substantive role as a Senior Academic nurse lecturer to the Knowledge Broker First Nations Engagement Lead for the Southern Queensland and Northern New South Wales (SQNNSW) Drought Resilience Adoption and Innovation Hub. In this capacity, she focuses on amplifying the voices, perspectives, needs, and aspirations of First Nations peoples. Raelene's work and relationships are extensive and deeply connected. Over the last year and a half, she has continuously given back to many communities and collaborators, with her research rooted in a grassroots level, being Aboriginal-led and community-driven. She represents her people and community on various levels, serving as the First Nations Director on the One Basin CRC, a member of the Murray Darling Basin Outlook First Nations Leadership Group for the Murray Darling Basin Authority (MDBA), Chairperson for Goolburri Aboriginal Health Advancement, and an Aboriginal member on the Darling Downs Hospital Health Service HREC. Additionally, she has recently been appointed as a member of the Research Advisory Committee for the Australian Farm Institute.


Ms. Isabella Mangos, Senior Legal Officer, Natural Resources Access Regulator
Isabella Mangos is a Senior Legal Officer for the Natural Resources Access Regulator. Isabella has worked for the Department of Planning and Environment (now Department of Climate Change, Energy, the Environment and Water) for three years, specialising in litigation, legislative drafting, and policy advice. Isabella has previously worked at the NSW Crown Solicitor’s Office within the criminal law practice group, where she specialised in administrative law and regulatory prosecutions. Prior to that, Isabella worked for the Ministry of Health and the Parliamentary Counsel’s Office.

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Water Law Symposium

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All Sessions
Friday, 1 March 2024
9:00am to 5:15pm Australia/Sydney
CPD Points 7
$795.00
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Morning Session
Friday, 1 March 2024
9:00am to 1:15pm Australia/Sydney
CPD Points 4.02
$505.00
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Afternoon Session
Friday, 1 March 2024
2.00pm to 5:15pm Australia/Sydney
CPD Points 3
$420.00
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Venue
Cliftons - Margaret Street

Level 13, 60 Margaret Street, Sydney 2000

Directions

Closest Train Stations: Wynyard (100m) and Martin Place (700m)

Closest Bus Interchange: Clarence Street (170m)

Ferries: Circular Quay (1.2km)

Parking Information

Parking not included with registration. Possible options:
Met Centre, Jamison StClick here for rates

Amora Hotel - Click here for rates

Secure Park 20 Bond St - Click here for rates