First law and the force of water: law, water, entitlement

Turner, Stephen; Neale, Timothy

doi:10.1080/2201473x.2014.1000912

Cited by 7 publications

(4 citation statements)

References 8 publications

Supporting

Mentioning

Contrasting

Order By: Relevance

“…Since South Australia's establishment as a British colony in 1836, Ngarrindjeri and other Indigenous people have struggled to protect their cultures, communities, lands and watersin short, to 'Speak as Country' (see Berg 2010;Mattingley & Hampton 1988). As a result of the colonial history of dispossession and oppression, Indigenous Nations across Australia have very limited 'rights' to water and other natural resources except indirectly through a weakened native title regime and even more indirectly through state legislation such as the Aboriginal Heritage Act 1988 (SA) (see Hattam et al 2007;Jackson 2012;Jackson et al 2012;McFarlane 2004;Turner & Neale 2015;Tan & Jackson 2013;Weir 2009Weir , 2012. This situation differs significantly from the experiences of Indigenous peoples in comparable settler democracies such as Canada, the USA and New Zealand.…”

Section: The Historical Context To Ngarrindjeri Engagement With Natural Resource Management (Nrm) In the Cllmm Regionmentioning

confidence: 99%

Natural History of the Coorong, Lower Lakes, and Murray Mouth region (Yarluwar-Ruwe). Royal Society of South Australia

Leterme¹,

Oliver

Shiel

et al. 2018

View full text Add to dashboard Cite

The Coorong and Lakes Alexandrina and Albert Wetland was designated a Wetland of International Importance under the Ramsar Convention in 1985. The wetland is also one of Australia's most important and unique wetland systems and supports significant ecological, cultural, recreational, heritage and economic values. It is the only estuary within the Murray-Darling Basin and is a designated icon site under The Living Murray initiative. The site supports a vast array of native flora and fauna, including internationally and nationally significant species and communities.From late 1996 to mid-2010 much of southern Australia, including the Coorong and Lakes region, experienced a prolonged period of dry conditions -the Millennium Drought. This had a devastating impact on the ecology of the Coorong and Lakes and on the wellbeing of our local communities, including the Ngarrindjeri people.While we are still seeing long-lasting ill effects, particularly within the southern lagoon of the Coorong, the drought brought the plight of the River Murray to the national agenda and helped to highlight the importance of end-of-system flows and water for the environment. The adoption of the Murray-Darling Basin Plan, and corresponding recovery and delivery of water for the environment, have resulted in improvements to the ecology of the Coorong and Lakes Alexandrina and Albert. While many improvements are evident, some aspects of the ecology have experienced sustained change, most notably submergent vegetation communities in the Coorong and some waterbirds, particularly migratory shorebirds, which have not yet recovered to pre-drought levels. Providing the leadership that is required to protect, sustain and revitalise the Coorong is a personal quest which I am determined to advance during my time as South Australia's Minister for Environment and Water.I would like to acknowledge the dedication of South Australia's scientific community, the members of whom are tireless advocates for this wetland. The long-term data that have been collected by these people and groups have been instrumental in our negotiations to secure water for the environment and in delivering on-ground works to protect the Coorong and Lakes Alexandrina and Albert. The South Australian Government is committed to using the best scientific, cultural and local knowledge to manage this important wetland.I commend the Royal Society of South Australia for its work to collate decades of monitoring and research data into this important publication on South Australia's most iconic estuary.

show abstract

Section: The Historical Context To Ngarrindjeri Engagement With Natural Resource Management (Nrm) In the Cllmm Regionmentioning

confidence: 99%

Natural History of the Coorong, Lower Lakes, and Murray Mouth region (Yarluwar-Ruwe). Royal Society of South Australia

Leterme¹,

Oliver

Shiel

et al. 2018

View full text Add to dashboard Cite

show abstract

“…Everywhere: The ancestral memory of a river system, as told by its Indigenous Knowledge Holders, written into the land and water as art, song, story, and ceremony First Law: also known as customary law, is the law of the land and living water systems. It is upheld through stories, song, dance, and ceremony (Black, 2010; Redvers et al, 2020; Turner and Neale, 2015). Indigenous Custodianship: the custodial obligations (rather than ‘ownership’) that Indigenous people have to their Country (Yunkaporta, 2019).…”

mentioning

confidence: 99%

“…First Law: also known as customary law, is the law of the land and living water systems. It is upheld through stories, song, dance, and ceremony (Black, 2010; Redvers et al, 2020; Turner and Neale, 2015).…”

mentioning

confidence: 99%

A tale of two rivers – Baaka and Martuwarra, Australia: Shared voices and art towards water justice

Bates,

Chu,

Claire

et al. 2023

The Anthropocene Review

View full text Add to dashboard Cite

Two of Australia’s iconic river systems, Baaka in New South Wales (NSW) and Martuwarra in Western Australia (WA), are described in a narrative that connects Indigenous custodianship, bio-physical features and art, and contrasts settler law with First Law to provide multiple ways of seeing the two river systems. Our narrative is a shared response to: (1) upstream water extractions that have imposed large costs on Baaka and its peoples; and (2) threats of water extractions and developments to Martuwarra. By scribing the voices of the two river systems, we have created a space to reimagine an emerging future that connects the past and present through the concept of ‘EveryWhen’, where First Law has primacy, and where art connects Indigenous knowledges to non-Indigenous understanding. Through a dialogue process with Indigenous knowledge holders, artists and water researchers, five action processes, or journeys, are identified to guide water decision making towards water justice.

show abstract

“…The water of the Abitibi lake can thus aid us in rethinking heritage conversation in colonial settings, which largely exists within the conformity of processes enabling private property, of accumulation via dispossession (Schneider & Hayes, 2020). In addition, water considered from pan-Indigenous viewpoints can allow us to rethink the firmly anchored logics behind colonial laws and concepts (Turner & Neale, 2015), such as private property itself.…”

Section: Private Property and Heritage Conversationmentioning

confidence: 99%

Is the Water leaving? World-Making in the Settler-Colonial Context at Lake Abitibi, Québec, Unceded Abitibiwinni Aki (Anicinape Territory)

Bazinet¹

View full text Add to dashboard Cite

By centring lake Abitibi (Abitibi Sakaikan) as a constant referent and by mobilizing what I call "water teachings," this thesis engages water as co-thinker in an effort to tell diverse versions of the lake in the context of settler-colonial occupation. I argue that telling diverse, including Indigenous, versions of the lake is critical to nurturing possibilities for other futures in which the lake -and the people -might live well. I demonstrate how settler-colonialism has reduced Abitibiwinnik access to and capacity for practicing world-making, that is, for sustaining their specific version of the Abitibi lake. This alienation has led to a generalized inability to recognize and respect Abitiwinnik ways of reclaiming and maintaining a connection with the lake. Settlercolonial world-making in relation to the lake, while diverse in its iterations and variable in its proximity to Indigenous versions, has consistently downplayed co-constitution of the lake by more-than-human forces; on the other hand, this aspect is often foregrounded in Indigenous understandings and practices.In interviews conducted with both local Indigenous and non-Indigenous participants who maintain relationships with the lake, I centre water as main referent and prism for my ethnography. Part I introduces my key question, methods, and theoretical concepts for thinking with water. Part II focuses on the assumptions concerning abandonment of important sacred sites, and proposes the concept of "fluid reclamation" for understanding how Abitiwinnik remain connected to the lake.The theory and method of thinking with water allows me to contest the perception, based on the area's unfenced and unkept appearance, that the National Historic Site of the Abitibi lake (Matcite8ia or Apitipik) is abandoned, based on its unfenced and unkept appearance. I propose that the site is being reclaimed in non-dominant ways by the Abitibiwinnik. My consideration of To my friend Johnny Wylde, and your family, Emilie Wylde, Joan Wylde. For your trust, for your courage. I did not meet Sindy Ruperthouse. But I know you are all asking for us all to not forget about her. I take this line to remind everyone that the inquiry has stopped and that the family is not given any news on the disappearance of Sindy Ruperthouse, since 2014. I wish your family justice and peace. Thank you, Johnny, for being such a pillar to so many people around you. Thank you for getting me "out of my head", as you like to say. Thank you for teasing me, as you know it works... To Frances Mowatt, for all the ways you show love around you, including for your language, Anicinapemowin. Kitci Mikwetc for taking the time to discuss together on all of these topics, but also on life. To Sophie, Louka and Sheldon, I am very grateful that we are part of each other's life now. To Dahlia Mcdougall, my fierce little neighbor. To Lorianne Trapper, for all the lightness and laughter you share around you, friend.To my love David Kistabish, laughing and being silly with you is one of life's sweetest gift. You have suppo...

show abstract

First law and the force of water: law, water, entitlement

Cited by 7 publications

References 8 publications

Natural History of the Coorong, Lower Lakes, and Murray Mouth region (Yarluwar-Ruwe). Royal Society of South Australia

Natural History of the Coorong, Lower Lakes, and Murray Mouth region (Yarluwar-Ruwe). Royal Society of South Australia

A tale of two rivers – Baaka and Martuwarra, Australia: Shared voices and art towards water justice

Is the Water leaving? World-Making in the Settler-Colonial Context at Lake Abitibi, Québec, Unceded Abitibiwinni Aki (Anicinape Territory)

Contact Info

Product

Resources

About