The Concerned Waterways Alliance is pleased to announce the release of our latest report, ‘What is a waterway?’, authored by Dr. Bruce Lindsay. This report examines the critical question of how waterways are defined in legislation and policy—and why this matters for the long-term health of our rivers, creeks, and wetlands.
The question of ‘what is a waterway?’ has long term consequences for both water extraction and the health of our rivers, creeks and wetlands. How we define waterways in legislation is a key driver of government water policy. It is crucial to sustainable water use and how waterways are managed, in particular their long-term protection as living ecological entities.
The definition of waterways in Victorian law is based on hydrologic and geomorphic criteria and, while expansive, represents waterways as resources for use, not as ecological communities or living entities. Its interpretation in policy has resulted in a lack of focus on ecological and cultural aspects of waterways, and the exclusion of artificial waterbodies from the definition, even if they have high ecological values (such as the Western Treatment Plant at Werribee, which is part of a Ramsar site of international significance).
This report identifies a pressing need to reconcile outdated legal constructs with modern ecological and cultural understandings:
- Scientific Insights: Ecosystem health depends on viewing waterways as dynamic, interconnected systems influenced by factors such as biology, hydrology, and climate.
- Indigenous Knowledge: Aboriginal concepts emphasise reciprocal relationships with waterways, recognising them as ‘living entities’ with inherent rights and responsibilities.
The report discusses how the definition of waterway could be expanded in the light of contemporary scientific understanding of ecological integrity. The inclusion of a definition of a waterway as a ‘water dependent ecosystem’ would bring Victorian law into line with Commonwealth law and international best practice.
The report further discusses the concept of waterways as ‘living entities’ and how the Victorian government’s commitment to ‘Recognition of waterways and their surrounding lands as living, integrated, natural entities, and cultural entities in law, with Traditional Owners recognised as a unique ‘voice’ of the living entities’ could be translated into law, giving all Victorian waterways enforceable rights and integrating law, science and culture.
Finally, the report outlines a pathway for improved governance that:
- Defines waterways as entities with ecological and cultural qualities.
- Establishes statutory processes for describing and managing waterways, such as action statements and recovery plans.
- Promotes legal pluralism by integrating Indigenous laws and customs with existing statutory frameworks.
Recognising waterways as ‘living entities’ reflects a shift toward mutual, reparative relationships between humans and nature. Bringing the definition of a waterway into the modern era would allow the Victorian government to take the lead in fostering a more sustainable, inclusive approach to water management that respects both science and heritage, and protects our waterways as dynamic, living systems essential to our environment, culture and wellbeing.
We invite water advocates, policymakers, and community members to engage with this work and support a future where Victoria’s waterways are protected as dynamic, living systems essential to our environment, culture, and well-being.
Event video
After an inspiring Welcome to Country from Wurundjeri elder Uncle Tony Garvey, Andrew Kelly from The Waterways Network introduces renowned water law expert Dr Erin O’Donnell. Erin sets the scene for the launch of the report, which explores how the definition of a waterway could be expanded in light of contemporary scientific understanding and Indigenous perspectives.
Andrew Kelly next introduces Dr Bruce Lindsay who speaks to his motivation and thinking behind the work, and what he hopes it may help achieve in advancing legislative reform of the Water Act and other legislative instruments.
Time stamps:
0:00 Andrew Kelly introduces Dr Erin O'Donnell
1:45 Dr Erin O'Donnell presents
14:25 Andrew Kelly introduces Dr Bruce Lindsay
15:40 Dr Bruce Lindsay presents
47:08 Dr Erin O'Donnell and Dr Bruce Lindsay take questions from the audience - note questions below may have been paraphrased for clarity
47:13 Request for comment on the relationship between surface and groundwater
51:30 How do you define the boundaries of the entity?
54:12 What are the challenges to enacting some of these reforms?
58:21 How do we push the kind of planning laws being applied to the 18 Melbourne waterways to the rest of Victoria?
1:03:17 Reflecting on a consultancy firm talking about the Latrobe River benefiting from water "that it was not entitled to" how do we go about changing these perspectives?
1:09:27 How might the concept of a living entity be expressed through the notion of personhood?
1:18:02 Given the definition of a waterway is being treated differently by different agencies often to the exclusion of headwater streams, how might the embracing of rivers as living entities help resolve these contradictions?
1:22:16 Given often when we have symbolic wins they struggle to to have an impact on the ground, how do we make sure they are properly applied to make a difference?
1:33:18 How does the definition extend to stormwater systems?
1:36:19 How should we approach the decommissioning of an existing dam on a waterway which has gained significant ecological values?
1:42:45 Closing remarks by Andrew Kelly