Water Resources Law 2026

This short course introduces the main legal principles of water resources management and discusses key regulatory issues being faced in Western Australia. Applicable for both lawyers and non-lawyers, participants will become familiar with the principal legal and policy materials applied in the management of water resources in Western Australia, including insights into National Water Policy reform proposals for Western Australia.

The course will explore six themes: 

1. the governance framework – the condition of WA’s water resources, water resources management institutions and objectives, key definitions & national water policy;

2. water access rights, including riparian rights, ground water rights and Indigenous rights and interests;

3. water allocation planning, with a focus on national water policy key principles and goals of water security in the face of climate change and Indigenous rights and interests;

4. administration of statutory water entitlements, with a focus on reform of water access entitlements and compliance;

5. catchment management regulation, including for protection of water quality and Indigenous heritage values; and

6. regulatory perspectives on mining and water, including environmental impact assessment of impacts of water use, mine dewatering & mine closure on water resource values.

In 2026, the course will be conducted with a combination of on-line pre-recorded lectures and readings starting from Wednesday 4 March, and interactive face-2-face sessions on 9, 10, 16 & 17 April, 9.30am – 4.30pm.

Emeritus Professor Alex Gardner leads the course and is joined by guest experts in the presentation of the interactive sessions. These sessions will be in a seminar style with discussion exercises and guest presentations relating to the above six themes. Confirmed guest presenters include:

·         Emma Solomon, Branch Head, Water Markets and Regulatory Policy, DCCEEW (Sydney)

·         Dr Kat Taylor, Nulungu Research Institute, University of Notre Dame, Broome,   

·         Professor Bradley Moggridge, Associate Dean (Indigenous Leadership & Engagement), University of Technology, Sydney

·         Adjunct Professor Don McFarlane, University of Western Australia

·         Kate Evans, Solicitor, Environmental Defenders Office, Western Australia

·         Francesca Flynn, Executive Director, Bibbul Ngarma Aboriginal Association (Inc)

·         Ron Colman, Hydrogeologist, Sovereign Hydroseal, Perth

·         Dr Natalie Brown, University of Western Australia Law School

·         Gary Humphries, Principal Hydrogeologist for Northwest Region, Dep’t of Water & Environmental Regulation.

·         Darren Walsh, Chair of the Environmental Protection Authority of WA

The content of the short course generally aligns with the treatise by A Gardner, R Bartlett, J Gray and R Nelson, Water Resources Law, 2nd edition, 2018 (LexisNexis Butterworths).

Legal practitioners are entitled to CPD points to be selected from the competency areas Professional Skills and Substantive Law, depending on the sessions they attend.

The CPD rules differ for jurisdictions outside Western Australia and if you are outside Western Australia, we recommend that you check with your local relevant authority whether you can claim any CPD points.

Please contact the School directly for any enquiries relating to:

• National Environmental Law Association (NELA) membership discount, or

• a discount for not-for-profit, or

• group registrations (e.g. one registration to be shared by staff or members of one entity).