Saturday, January 27, 2007

PM announces Federal control over the Murray-Darling

Will the States accede control over inland water rights of the Murray-Darling to the Federal government?

Constitutional law experts questioned whether the PM had the legal power to take control of the system, which apparantly supplies water to 85% of Australia's irrigated crops.

20 odd years ago the Federal Government passed laws that overrided the Tasmanian government's plan to dam the Gordon Franklin. Then they used the external affairs power .

If the States dont hand over their power, Mr Howard will have three choices
  • he could drop the plan
  • take it to the High Court, or
  • seek a mandate for change through a referendum
Australia is screaming out for a centrally managed approach to the Murray-Darling problem. This is too important an issue to be left to political outcomes. The PM has come out in support with a $10 billion starting package. If he fails to collectively overcome the State premiers, the PM should quickly turn to Option C, the referendum. If the referendum fails, and I cant see this happening, the Federal government can always revert to Option B, taking the States to the High Court.

The Commonwealth could use a range of powers to cover many of the areas covered in the Governments blue-print
  • the corporations power could be used to provide legislation surrounding business using water in the basin
  • the external affairs power could be used to write legislation concerning treaties that cover the environment and water quality.
  • apparently it would be difficult to use the trade and commerce power, thanks to section 100 (this says states have the right to reasonable use of water for conservation and irrigation


All this points more and more to the people of this country understanding that State Governments are past their use by date. Federal Government needs to be linked to strong regional / local government.

Ditto for a centralised Australian property register with uniform property laws.

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