Groundwater dependent ecosystems in law: Invaluable or unvalued?
Groundwater management and law have major implications for biodiversity conservation in arid Australia, where many unique ecosystems are highly dependent on groundwater. A two-step method was used to determine the extent to which groundwater law currently provides for the water requirements of groundwater dependent ecosystems, and therefore its ability to sustain, and where necessary restore, related ecological processes and biodiversity. Firstly, key principles of groundwater management and policy were derived from four recent, major Australian and international policy publications and scientific surveys. These principles were then synthesised to create a suggested framework of key principles aimed at protecting groundwater dependent biodiversity. Secondly, the main water legislation in South Australia (the Natural Resources Management Act 2004) was examined to assess its adoption of these key principles both on its face and in practice.
Four broad areas of principles were found to be desirable for groundwater laws to effectively protect groundwater dependent ecosystems: (1) a science-based process for determining ecological water requirements; (2) principles for balancing consumptive and ecological uses of groundwater; (3) stakeholder involvement; and (4) monitoring of groundwater resources and ecological health. Assessed against these principles, the Natural Resources Management Act was found to appropriately value groundwater dependent ecosystems at a strategic level, and to address to a basic degree the four areas of suggested key principles at an operational level. However, key shortcomings were identified in relation to the comprehensiveness of requirements for the calculation of ecological water requirements; the comprehensiveness of monitoring requirements; and the need to clarify principles used to balance ecological and consumptive uses of groundwater. These shortcomings have the potential to limit the effectiveness of the Natural Resources Management Act to sustain and restore groundwater dependent biodiversity in arid South Australia.