Regulation and legislation

Introduction

Regulation and legislation relates to the authorising environment for water sensitive cities principles and practices. This theme includes information on roles and responsibilities for different aspects of urban water systems, water charges and market rules and how these influence the transition towards a water sensitive future. It also includes information on the governance of alternative water supplies, treatment technologies, and ownership and operation of decentralised water systems.

Our research on regulation and legislation has identified some interesting findings, including these highlights:

  • This thought piece sets out the agenda for transformative cities, and advocates using hybrid systems to drive this transformation. These hybrid systems combine critical existing infrastructure with flexible decentralised local solutions as part of their urban renewal program. (Harnessing hybrid systems for transformative cities)
  • We assessed the shortcomings and opportunities of the legal and regulatory frameworks for water sensitive cities in Victoria, Queensland and Western Australia. Each jurisdiction has a wide range of tools within its legislative framework to support water sensitive cities objectives. However, they are scattered throughout the regulatory framework and so we need a more coordinated and streamlined approach.
  • We made 15 specific recommendations about how existing regulatory settings and levers may be changed to encourage innovation in water sensitive service delivery. Examples include removing identified impediments to water sensitive service delivery and suggesting ways to strengthen the enabling environment for water sensitive service provision. (Becoming a water sensitive city: a comparative review of regulation in Australia)
  • Imposing binding legal duties would help relevant public authorities achieve ecological restoration aspirations for Australian wetlands and waterways. (Legal duties for restoration of waterways and wetlands: a Western Australian analysis and case study)

You will find a range of research reports on regulation and legislation under the categories below.

System wide legislative and regulatory assessments

Statutory land use planning

Wetlands

Alternative water supplies

Other

The CRCWSC’s regulation research has been applied to projects in a range of settings including:

  • Ideas for Victorian planning controls investigates ways to optimise Victorian planning provisions to improve stormwater management. It suggests assessing planning controls and regulation against the following principles: effective, sustainable, implementable, equity, affordable, and flexible.
  • The Kalkallo Project involved treating stormwater to a standard suitable for direct injection into potable supplies. There was no existing formal regulatory process governing how such a stormwater reuse project should be designed and implemented. However, securing regulatory approvals was not unduly difficult, which suggests we may need to reframe how practitioners view regulation relating to water sensitive city innovation. Historically, practitioners may have interpreted regulation as black letter law, but our research shows both that regulation is far broader than this and that regulation plays an important role in enabling innovation and adoption (Kalkallo: a case study in technological innovation amidst complex regulation)
  • The Fitzgibbon Chase case study of a development in Brisbane explores governance issues surrounding the ownership and operation of decentralised water harvesting and treatment systems, and the influence of innovative ideas on land use planning policy. A key lesson was the need to think about the regulatory regime as a whole, including all dimensions of construction, commissioning and system operation. (Fitzgibbon Chase: A case study in technological innovation, regulation and planning policy connections)

Infographics

Infographic 1

Initial hypothesis: current regulatory and risk allocation frameworks acted as a barrier to the Kalkallo project (McCallum T, 2015. Kalkallo: a case study in technological innovation amidst complex regulation. Melbourne, Australia: CRC for Water Sensitive Cities, p. 10.)

Infographic 2

How regulatory and risk allocation framework actually impacted on the Kalkallo project (McCallum T, 2015. Kalkallo: a case study in technological innovation amidst complex regulation. Melbourne, Australia: CRC for Water Sensitive Cities, p. 45.)

Infographic 3

Mapping Melbourne’s urban water regulatory space (McCallum T and Boulot E, 2015. Becoming a water sensitive city: a comparative review of regulation in Australia. Melbourne, Australia: CRC for Water Sensitive Cities, p. 15.)

Infographic 4

Entities responsible for water infrastructure investment decisions three cities (McCallum T and Boulot E, 2015. Becoming a water sensitive city: a comparative review of regulation in Australia. Melbourne, Australia: CRC for Water Sensitive Cities, p. 37.)

Infographic 5

Models of price regulation across three cities (McCallum T and Boulot E, 2015. Becoming a water sensitive city: a comparative review of regulation in Australia. Melbourne, Australia: CRC for Water Sensitive Cities, p. 38.)

Infographic 6

Urban water regulatory strategies (McCallum et al., 2016. The risky business of water sensitive city innovation: a legal analysis of risk allocation. Melbourne, Australia: CRC for Water Sensitive Cities, p. 24.)

Infographic 7

Urban water regulatory tools (McCallum et al., 2016. The risky business of water sensitive city innovation: a legal analysis of risk allocation. Melbourne, Australia: CRC for Water Sensitive Cities, p. 26.)