What is a Waterway?: Bringing Ecological and Cultural Criteria into the Definition of a Waterway

What is a Waterway?

The definition of a waterway has far-reaching consequences for the health of our rivers, creeks, and wetlands, as well as for how much water can be extracted from them. Legislation shapes government water policy, and the way waterways are defined directly influences environmental protection, water allocation, and long-term sustainability.

Join guest presenter Dr. Erin O'Donnell, esteemed water law and policy expert, who will set the scene for this important discussion. Dr Bruce Lindsay will then share key insights from the CWA commissioned report, which explores how the definition of a waterway could be expanded to reflect contemporary ecological science and Indigenous perspectives. This research points toward recognising waterways as water-dependent ecosystems, aligning Victorian law with Commonwealth legislation and international best practice.

The report further discusses the concept of waterways as ‘living entities’ and how the Victorian government’s commitment to ‘Recognition of waterways and their surrounding lands as living, integrated, natural entities, and cultural entities in law, with Traditional Owners recognised as a unique ‘voice’ of the living entities’ could be translated into law, giving all Victorian waterways enforceable rights and integrating law, science and culture.

Finally, the report outlines a pathway for improved governance that:

• Defines waterways as entities with ecological and cultural qualities.
• Establishes statutory processes for describing and managing waterways, such as action statements and recovery plans.
• Promotes legal pluralism by integrating Indigenous laws and customs with existing statutory frameworks.

The CWA and its member groups welcome you to this conversation where we explore pathways for the meaningful ecological and cultural recognition of waterways.