Annual Water Symposium 2020
Catch up on legal & regulatory issues affecting water use & allocation and hear from NSW regulators on compliance & enforcement. Learn about the Dams Project & review NSW legislation, regulations, sharing plans & inquiries. Explore Indigenous knowledge of water & how to incorporate it into water management. Hear from the ACCC about the interim findings of its water markets review & from IPART about regulating licenses under WICA. Examine urgent issues related to water markets, drought & climate change.
Description
Attend and earn 7 CPD units in Substantive Law
This program is applicable to practitioners from all States & Territories
Chair: Ilona Millar, Partner, Baker McKenzie
REGULATION AND ENFORCEMENT OF WATER LAWS IN NSW
9.00am to 9.05am: Opening Comments by the Chair
9.05am to 10.00am: Compliance, Enforcement and Prosecution for Unlawful Water Take in NSW
- Outcomes from recent NRAR prosecutions
- NRAR’s compliance and monitoring programs including use of spatial data & other technologies
- Case study
Presented by Kirsty Ruddock, Director, Regulatory Investigations and Compliance, Natural Resources Access Regulator, Department of Industry NSW and Nina Lucas, Principal Legal Officer – Natural Resources Access Regulator
10.00am to 10.50am: Dams Project: Regulatory Considerations You Must be Aware of
- Understanding the institutional framework and challenges for dams projects
- Established and evolving state and federal regulatory frameworks
- Re-envisaging water law frameworks
Presented by
10.50am to 11.05am: Morning Tea
11.05am to 11.55am: The Politics of NSW Water in 2020: An Audit and Assessment of Legislation, Regulations, Sharing Plans and Inquiries
- An overview of water legislation and regulations introduced in 2020
- Political pinch points in water
- Transparency
- Basin regulated water sharing plans
- Floodplain harvesting
- Responses to drought and climate change
Presented by Justin Field, Independent Member, NSW Legislative Council
11.55am to 12.00pm: Q&A and Closing Comments by the Chair
12.00 to 12.45pm: Lunch
INDIGENOUS RIGHTS OVER WATER AND WATER MANAGEMENT KNOWLEDGE
Chair: Dr Celine Steinfeld, Director, Wentworth Group of Concerned Scientists
12.45pm to 1.35pm: First Nations and Water Law
An examination of the native title rights in relation to water, including some consideration of the prioritisation of native title rights and other use rights
Presented by Tony McAvoy SC, Frederick Jordan Chambers
1.35pm to 2.25pm: Indigenous Knowledge and Cultural Values of Water
- Historical challenges in integrating First Peoples’ cultural values into water planning and management
- Examine Indigenous research methodologies providing solutions in water management
- Explore the opportunities for First Peoples and water ownership
Presented by Bradley Moggridge, Kamilaroi Water Scientist, Associate Professor in Indigenous Water Science, University of Canberra
2.25pm to 3.15pm: Human-Rights Based Approach to Water Law in Australia: Limits and Possibilities
- Explore whether a human rights-based approach to water advances the rights of First Nations Peoples in Australia
- Analyse the existing human rights legislation in Australia and whether it can be used to achieve 'water justice'?
Presented by Dr Emma Carmody, Special Counsel, Environmental Defenders Office; Legal Advisor, Secretariat of the Ramsar Convention on Wetlands
3.15pm to 3.30pm: Afternoon Tea
WATER MARKETS: CURRENT AND FUTURE
3.30pm to 4.00pm: Interim Findings of the ACCC Review of Water Markets
- Analysis and discussion of the growth of water markets in the Murray-Darling basin including increase in annual turnover
- Implication of the increased value of water markets to irrigators and communities in the Basin
- Discussion of the inadequacy of the relationship between the development of governance and institutional frameworks and the pace of growth of water markets
- Reforms required to improve the operation of these markets
Presented by Mick Keogh, Deputy Chair, Australian Competition & Consumer Commission
4.00pm to 4.30pm: Regulating Licenses under the Water Industry Competition Act 2006 (NSW) WICA)
- An overview of the WIC Act framework
- Key challenges that you need to be aware of, for IPART in its regulatory role
- WICA and regulation of water prices
Presented by Ben Strate, General Counsel, IPART NSW
4.30pm to 5.15pm: Water Markets, Drought and Climate Change: Q&A
Facilitated by Dr Celine Steinfeld, Acting Director, Wentworth Group of Concerned Scientists
Panellists:
Professor Bruce Thom AM, Emeritus Professor, University of Sydney, President, Australia Coastal Society
Justin Field, Independent Member, NSW Legislative Council
Wilfred Finn, Associate Director and General Counsel, Aither
Bradley Moggridge, Kamilaroi Water Scientist, Associate Professor in Indigenous Water Science, University of Canberra
Claire Smith, Partner, Clayton Utz, Best Lawyers 2019 Lawyer of the Year in Water
5.10pm to 5.15pm: Q&A and Closing Comments by the Chair
Presenters
Ilona Millar
Ilona is a Partner in Baker McKenzie’s environmental markets practice. Ilona has 20 years' experience advising on natural resources law. Ilona has a diverse range of experience in environmental law and policy and a strong background in all aspects of water management. Ilona is listed among the best lawyers for Climate Change and Environmental Law by Best Lawyers Australia, featuring in the Australian Financial Review. Ilona sits on the board of the NSW Natural Resources Access Regulator, which oversees compliance with water legislation in NSW and is a Commissioner on the NSW Independent Planning Commission (IPC), which has a role in advising on and determining certain State significant developments.
Celine Steinfeld
Dr Celine Steinfeld specialises in water policy and management in Australia and internationally. Celine completed her honours and PhD research in river management in the Murray-Darling Basin at the University of New South Wales. She won the University Medal in 2008, the NSW Government Peter Cullen Postgraduate Scholarship in 2009 and the international River Management Young Achievers Award in 2012. After graduating, Celine worked in policy implementation at the Murray-Darling Basin Authority. In 2019, she was appointed as Acting Director at the Wentworth Group of Concerned Scientists, a not for profit organisation with the goal of linking science to public policy.
Kirsty Ruddock
As an environmental lawyer for most of her career, Kirsty has worked with the Australian Government Solicitor, Office of the Attorney General in Samoa, the Public Solicitor’s Office in the Solomon Islands, Cape York Land Council, and the Environmental Defenders Offices in both NSW and North Queensland. In the past few years she has run investigation teams at the Australian Competition and Consumer Commission and the NSW Department of Planning and Environment. As Director Regulatory Investigations and Compliance, Kirsty leads a team of investigators and lawyers working on Barwon Darling matters and NRAR prosecutions.
Nina Lucas
Nina is the Principal Legal Officer for the Natural Resources Access Regulator (NRAR). In this role, she provides legal services and advice to NRAR including preparing prosecutions under NSW water legislation working closely with NRAR’s Water Enforcement Taskforce and investigators. Previously, Nina ran the Northern Rivers office of the Environmental Defenders Office. Nina has 10 years’ experience in environmental law, policy, education, and regulation and holds a Masters of Law. She has worked at the Queensland Environmental Protection Authority, and at the Samoan Ministry of Natural Resources & Environment in compliance and law reform.
Tony McAvoy SC
Admitted as a Barrister in NSW in 2000. Appointed Senior Counsel in 2015. Tony has developed a strong native title practice and has successfully appeared for claimants in several land claims. He has also acquired significant experience in the areas of environmental law, administrative law, human rights and discrimination law, coronial inquests and criminal law. Notably, between 2011 and 2013, Tony was an Acting Part-Time Commissioner of the NSW Land and Environment Court.
Dr Emma Carmody
Dr Emma Carmody is Special Counsel with the Environmental Defenders Office and Legal Advisor to the Secretariat of the Ramsar Convention on Wetlands in Switzerland. Emma has over 15 years' experience in Australia and abroad advising a diverse range of clients including international organisations, governments, NGOs, Traditional Owners, farmers, conservation groups and scientists on all aspects of water law and policy. In 2018, she was awarded the Dunphy Award for "most outstanding environmental effort of an individual" at the NSW Environment Awards. She is listed in Best Lawyers in Australia in the Water Law and Planning and Environment Law categories.
Mick Keogh
Mick Keogh was appointed to the ACCC in February 2016, and then as Deputy Chair of the ACCC in 2018, with responsibility for Small Business and Agriculture. Mick has a long and diverse history of involvement with the small business and agriculture sector, including periods of employment as a business consultant, and in advocacy and advisory roles to policymakers and governments. He is also currently a member of a number of Government and private sector boards. Mick was awarded the Order of Australia Medal in 2015. He holds bachelor’s and master’s degrees in science, both obtained at the University of New South Wales, and a Doctor of Applied Science (honoris causa) from Charles Sturt University.
Professor Bruce Thom AM
Bruce Thom holds the title of Emeritus Professor from University of Sydney. Professor Thom served as Chair of the Australian State of Environment Committee 1998-2002, and as Chair of the Coastal Council of New South Wales (1999-2004, 2018-2019). Emeritus Professor Thom is a founding member of the Wentworth Group of Concerned Scientists, Deputy Chair of the Australian Coastal Society and Chair of the Federal Government’s Coasts and Climate Change Council (2011). In 2010 Professor Bruce Thom was awarded a member of the Order of Australia for his contribution to the ecological management of the coastal zone and as a contributor to public debate on natural resource policy.
Justin Field
Justin served as policy advisor to NSW Greens MPs, John Kaye MLC, Cate Faehrmann MLC, Jeremy Buckingham MLC and Tamara Smith MP. Prior to entering the Parliament, Justin worked for a number of environmental NGOs. His work in environmental campaigning was focused on the impact of coal seam gas and coal mining on local communities and the environment and he was instrumental in the establishment and early strategy of the Lock the Gate movement. His areas of interest are the marine environment, adapting to the impacts of climate change and building resilient communities.
Wilfred Finn
Wilf is an Associate Director and General Counsel at Aither, a water and environmental strategy, policy and economics consultancy. He currently advises governments, water users and investors, with a particular focus on water markets, trade and agribusiness. Wilf has previously worked in water utilities, private practice and the NSW and Australian Governments – largely focussing on water, carbon and environmental markets and regulation. He has undertaken postgraduate studies in both environmental science and energy, which included a major research essay on management of the Coorong, Lower Lakes and Murray Mouth which provided the opportunity to kayak the length of the Murray River in 2009.
Bradley Moggridge
Brad Moggridge is from the Kamilaroi Nation (N-W NSW). He has university qualifications in hydrogeology from UTS and environmental science from ACU. He was awarded the 2017 ATSI Community Alumni award from ACU and is a Fellow of the Peter Cullen Trust Science to Policy Leadership 2018 Course. He recently worked for NSW DPI Water as the Team Leader, Aboriginal Water Initiative which was the only dedicated Aboriginal water unit in Australia and previously was with CSIRO Land and Water as the only Indigenous Water Research Specialist. Brad is a judge for the Australian River Prize and the River Management Young Achievers Award.
Claire Smith
Claire Smith is a partner at Clayton Utz specialising in environment, planning and climate change law. She has previously worked as an environmental consultant and global environment counsel for BP plc. She has a mix of private sector and public sector clients and has acted on a number of complex and high profile projects in NSW. She was named as Lawyer of the Year in Water (2018-2019) by Best Lawyers Australia and received Lawyer of the Year in the Contaminated Land & Groundwater Industry from the Australian Land and Groundwater Association in 2017. She also won the Lexis Nexis Janders Dean Legal Innovation Index award in 2016.
Venue
The Grace Hotel
77 York St
Sydney 2000
NSW
Australia