The current imbroglio over the Commonwealth’s buy back of water from a company formerly associated with a government minister has dominated the news now for some days. Amongst the commentary I have been left wondering about some assertions concerning the water entitlements at the heart of the deal.
Water regulation is an extremely complicated field at the intersection of science, conservation, policy, the market, and politics – and I don’t pretend to be an expert. However, in this very lawyerly post, I try to work out the general operation of the regulatory framework that underpins the drama, to try to isolate the legal questions.
It’s usual to require a permit for disruptive activity in a public reserve
The case of the photographer being banned from photographing Sydney’s foreshore reserve, Barangaroo, has intrigued me. The story is that landscape photographer Ken Duncan was taking photos of landscape work at the parkland, when he was stopped by rangers. He was told that as he had a tripod, his work was commercial and therefore not permitted without a permit. Duncan was in fact taking the photos for friends, for no charge. However it appears that taking photos is itself prohibited activity in the reserve.
This raises some interesting questions.