Abstract

The United Nations has repeatedly identified that freshwater security is one of the greatest challenges facing humanity, and that water theft is a global problem exacerbating human conflict, denying human rights and accelerating environmental despoliation (UN 2019; UN Water 2020). Australia is the world’s driest inhabited continent where water security is seriously threatened and constantly monitored by federal, state and local authorities. The devastating 2019-2020 bushfires across Australia serve as a stark reminder of the nation’s vulnerabilities to drought and the imperatives of water security and sustainability. Whilst some threats are undoubtedly climate induced, it is widely reported the ‘theft’ of water is playing an increasingly significant role in compromising Australia’s water security. This article provides a critical overview of the contemporary significance of water theft and its governance. It interrogates official documents of government inquiries, examines court proceedings, and provides a green criminological perspective on future policy, practice and prevention.

Highlights

  • Fresh water is a basic essential of life

  • This paper explores water theft through the lens of green criminology, notably drawing on discourses in crime and harm to study actions of the powerful and the ways in which water is politicised for power and profit (Brisman et al 2018; McClanahan 2014; McClanahan et al 2015)

  • Between 2010 and 2016, only 12 prosecutions were recorded within New South Wales (NSW) and of the 820 enforcement activities undertaken between 2014 to 2015—which was the greatest recorded within these six years—the number of prosecutions fell below 1%

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Summary

Introduction

Fresh water is a basic essential of life. It is fundamental to human wellbeing, global ecosystems and to flora and fauna. The MDBA and recent South Australian Royal Commission into the Murray–Darling Basin have made numerous recommendations in efforts to respond to and prevent water theft, amend the poor state of compliance and enforcement, and conserve freshwater resources These include significant improvements to metering standards, pumping technologies and reporting capabilities in relation to acts of noncompliance; greater transparency and accountability over regulatory procedures; and the consolidation and strengthening of governance frameworks to address the political inconsistencies over water management between the Basin states (Matthews 2017; MDBA 2017b, 2018; Walker 2019). Much depends on the resources and expertise of the agencies and courts assigned to deal with allegations and prosecutions of water theft

A Criminological Research Agenda
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