Next Article in Journal
Global Projection of Lead-Zinc Supply from Known Resources
Next Article in Special Issue
From Fragmented to Joint Responsibilities: Barriers and Opportunities for Adaptive Water Quality Governance in California’s Urban-Agricultural Interface
Previous Article in Journal / Special Issue
The Vital Minimum Amount of Drinking Water Required in Ecuador
Article Menu
Issue 1 (March) cover image

Export Article

Open AccessFeature PaperArticle
Resources 2018, 7(1), 16; https://doi.org/10.3390/resources7010016

Recognition of Barkandji Water Rights in Australian Settler-Colonial Water Regimes

1
Australian Rivers Institute, Griffith University, Nathan Campus, 170 Kessels Road, Nathan, QLD 4111, Australia
2
School of Environment and Science, Griffith University, Gold Coast Campus, Parklands Drive, Southport, QLD 4222, Australia
*
Author to whom correspondence should be addressed.
Received: 25 November 2017 / Revised: 31 January 2018 / Accepted: 14 February 2018 / Published: 24 February 2018
(This article belongs to the Special Issue New Water Regimes)
View Full-Text   |   Download PDF [1002 KB, uploaded 24 February 2018]   |  

Abstract

The passage of the Native Title Act 1993 (Cth) brought with it much anticipation—though in reality, quite limited means—for recognizing and protecting Aboriginal peoples’ rights to land and water across Australia. A further decade passed before national and State water policy acknowledged Aboriginal water rights and interests. In 2015, the native title rights of the Barkandji Aboriginal People in the Australian State of New South Wales (NSW) were recognized after an eighteen-year legal case. This legal recognition represents a significant outcome for the Barkandji People because water and, more specifically, the Darling River, or Barka, is central to their existence. However, the Barkandji confront ongoing struggles to have their common law rights recognized and accommodated within Australian water governance regimes. Informed by literature relating to the politics of recognition, we examine the outcomes of government attempts at Indigenous recognition through four Australian water regimes: national water policy; native title law; NSW water legislation; and NSW water allocation planning. Drawing from the Barkandji’s experiences in engaging with water regimes, we analyze and characterize the outcomes of these recognition attempts broadly as ‘misrecognition’ and ‘non-recognition’, and describe the associated implications for Aboriginal peoples. These manifestations of colonial power relations, whether intended or not, undermine the legitimacy of state water regimes because they fail to generate recognition of, and respect for, Aboriginal water rights and to redress historical legacies of exclusion and discrimination in access to water. View Full-Text
Keywords: Indigenous peoples; Aboriginal peoples; native title; politics of recognition; Indigenous water rights; water governance; water planning; New South Wales; Darling River Indigenous peoples; Aboriginal peoples; native title; politics of recognition; Indigenous water rights; water governance; water planning; New South Wales; Darling River
Figures

Figure 1

This is an open access article distributed under the Creative Commons Attribution License which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited. (CC BY 4.0).

Share & Cite This Article

MDPI and ACS Style

Hartwig, L.D.; Jackson, S.; Osborne, N. Recognition of Barkandji Water Rights in Australian Settler-Colonial Water Regimes. Resources 2018, 7, 16.

Show more citation formats Show less citations formats

Note that from the first issue of 2016, MDPI journals use article numbers instead of page numbers. See further details here.

Related Articles

Article Metrics

Article Access Statistics

1

Comments

[Return to top]
Resources EISSN 2079-9276 Published by MDPI AG, Basel, Switzerland RSS E-Mail Table of Contents Alert
Back to Top