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

Lana D. Hartwig, Sue Jackson and Natalie Osborne
Additional contact information
Lana D. Hartwig: Australian Rivers Institute, Griffith University, Nathan Campus, 170 Kessels Road, Nathan, QLD 4111, Australia
Sue Jackson: Australian Rivers Institute, Griffith University, Nathan Campus, 170 Kessels Road, Nathan, QLD 4111, Australia
Natalie Osborne: School of Environment and Science, Griffith University, Gold Coast Campus, Parklands Drive, Southport, QLD 4222, Australia

Resources, 2018, vol. 7, issue 1, 1-26

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.

Keywords: Indigenous peoples; Aboriginal peoples; native title; politics of recognition; Indigenous water rights; water governance; water planning; New South Wales; Darling River (search for similar items in EconPapers)
JEL-codes: Q1 Q2 Q3 Q4 Q5 (search for similar items in EconPapers)
Date: 2018
References: View references in EconPapers View complete reference list from CitEc
Citations:

Downloads: (external link)
https://www.mdpi.com/2079-9276/7/1/16/pdf (application/pdf)
https://www.mdpi.com/2079-9276/7/1/16/ (text/html)

Related works:
This item may be available elsewhere in EconPapers: Search for items with the same title.

Export reference: BibTeX RIS (EndNote, ProCite, RefMan) HTML/Text

Persistent link: https://EconPapers.repec.org/RePEc:gam:jresou:v:7:y:2018:i:1:p:16-:d:133089

Access Statistics for this article

Resources is currently edited by Ms. Donchian Ma

More articles in Resources from MDPI
Bibliographic data for series maintained by MDPI Indexing Manager ().