The University of Western Australia

UWA Staff Profile

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Alex Gardner

Professor Alex Gardner

Professor
UWA Law School

Contact details
Address
UWA Law School
The University of Western Australia (M253)
35 Stirling Highway
CRAWLEY WA 6009
Australia
Phone
+61 8 6488 2483
Fax
+61 8 6488 1045
Email
alex.gardner@uwa.edu.au
Location
Room 2.08, Law Building

Professor
Mining, Energy and Natural Resources Law, Centre for

Contact details
Address
Centre for Mining, Energy and Natural Resources Law
The University of Western Australia (M253)
35 Stirling Highway
CRAWLEY WA 6009
Australia
Phone
+61 8 6488 2483
Fax
+61 8 6488 1045
Email
alex.gardner@uwa.edu.au
Location
Room 2.08, Law Building
Qualifications
BA LLB ANU, LLM Br.Col.
Biography
Alex was born and raised on a farm in Western Australia, attending high school in Perth. After undergraduate studies at the Australian National University in Canberra (1977-1983) he worked as a solicitor in Melbourne before undertaking a Master of Laws specialising in Natural Resources and Environmental Law at the University of British Columbia(1986-87). Since 1988, Alex has been based at the University of Western Australia Faculty of Law teaching undergraduate and postgraduate students in Public Law and Natural Resources and Environmental Law. He was appointed Professor of Law in July 2015.

Key research
Alex's research interests are in Natural Resources and Environmental Law, with a special interest in Water Resources Law. A principal avenue for pursuing these research interests has been through the National Centre for Groundwater Research and Training: http://www.groundwater.com.au/.
Since 2012, he has been a key researcher in the Cooperative Research Centre for Water Sensitive Cities; Project A3.2 on Better Regulatory Framework for Water Sensitive Cities: https://watersensitivecities.org.au/content/project-a3-2/ .
News of this and other Water Resources Law research can be found on the "Water Resources Reform" website:
http://www.law.uwa.edu.au/research/water-resources-reform
Publications
Water Resources Law, 2nd edition, LexisNexis, December 2017.
The authors of the 2nd edition are Alex Gardner, Richard Bartlett (UWA), Janice Gray (UNSW), and Rebecca Nelson (UoM).
The first edition was published by LexisNexis Butterworths, July 2009.
https://store.lexisnexis.com.au/product?9780409337945&utm_medium=others&utm_source=flipbook2017&utm_campaign=flipbook2017-water-resources-2-edition-flipbooksite

Details of some other recent publications are given below under "New and Noteworthy".

2005 - 2012: http://www.law.uwa.edu.au/research and see links to "Research Publications" for each year.
2004 Publications: http://research.publishing.uwa.edu.au/research/publications/2004/law
2003 Publications: http://www.publishing.uwa.edu.au/research/2003/law-school.asp
2002 Publications: http://www.publishing.uwa.edu.au/research/2003/law-school.asp
2001 Publications: http://www.publishing.uwa.edu.au/research/2003/law-school.asp
2000 Publications: http://www.publishing.uwa.edu.au/research/2000/law.asp
1999 Publications: http://www.publishing.uwa.edu.au/research/1999/LawSchool.asp
1998 Publications: http://www.publishing.uwa.edu.au/research/1998/LawSchool.asp
1997 Publications: http://www.publishing.uwa.edu.au/research/1997/law-school.asp
1996 Publications: http://www.publishing.uwa.edu.au/research/1996/law-school.asp
1995 Publications: http://www.publishing.uwa.edu.au/research/1995/law.asp
1994 Publications: http://www.publishing.uwa.edu.au/research/1994/law-school.asp
Roles, responsibilities and expertise
Besides his academic teaching and research interests, Alex has, since 1994, been an environmental legal consultant, especially to the Environmental Defender's Office (WA) and to Western Australian Government Agencies responsible for water resources management. He was a member of the Advisory Council to the Environmental Protection Authority of Western Australia from June 1995 to August 1999 and was a senior sessional member of the State Administrative Tribunal from 2005-2017.

From October 2006 to June 2008, Alex advised the State Department of Water on water resources law reform. In 2009-10 he assisted with advice to the Commonwealth Government on issues relating to the Murray Darling Basin. In 2013-15, he assisted the National Water Commission and the Commonwealth Department of Environment.

Alex is a contributing editor to the Environmental and Planning Law Journal and was from 2012-2017 the editor of the Australian Resources and Energy Law Journal.

Alex became the Convener of the Management Committee of the Environmental Defender's Office WA (Inc)in December 2015: http://edowa.org.au/.
Future research
Alex also has ongoing research interests in:
* water resources law, generally;
* water resources law and adaptation to climate change;
* mining and water;
* water quality law, especially the regulation of diffuse source water pollution; and
* Ramsar wetlands.
Funding received
* 2015-16: Office of Water, Commonwealth Department of Environment, report with colleagues on the regulation of shale gas fracking on environment and water.
* 2014-15, International Mining for Development Centre, for a project on Mining and Water Law Reform for Ghana.
* 2013-16, Cooperative Research Centre for Water Sensitive Cities: Project A3.2 on Better Regulatory Frameworks for Water Sensitive Cities.
* 2009-14, Australian Research Council / National Water Commission, funding through the National Centre for Groundwater Research and Training.
* Cotton Research and Development Corporation: 2010-2013.
* 2010-13, Cotton Research and Development Corporation.
* 2006-08, Water Resources Law Reform, Department of Water, Western Australia, consultancy contract won by competitive tender.
* 2005-06, The Department of Premier & Cabinet, WA, for a project on environmental water allocations.
* 2003, Report on Biodiversity Conservation Law Reform in Western Australia, for Conservation Commission of Western Australia, consultancy contract won by competitive tender.

Memberships
National Environmental Law Association;
Australian Mining and Petroleum Law Association;
Environmental Defender's Office (WA)
Honours and awards
Willoughby Prize for 2015, awarded by the Trustees of The Energy, Petroleum, Mineral & Natural Resources Law & Policy Education Trust for the best article published in the Journal of Energy and Natural Resources Law in 2015. The award was for:
M Bennett and A Gardner, ‘Regulating groundwater in a drying climate: lessons from South West Australia’, published in (2015)33(4) JOURNAL OF ENERGY AND NATURAL RESOURCES LAW 293-319.
Previous positions
Senior Sessional Member of the Western Australian State Administrative Tribunal, 2005-2017.
Adjunct Professor, Australian National University College of Law, 2011-2017.
Teaching
Alex currently teaches postgraduate units offered by the UWA Centre for Mining, Energy and Natural Resources Law (http://www.law.uwa.edu.au/research/cmenrl) in Water Resources Law and Environmental Law.
At the UWA, he also teaches JD units Environmental Law and Administrative Law. He has formerly taught courses in Comparative Law and Constitutional Law.

Alex has also taught Water Resources Law in the graduate programs at:
* the Australian Centre for Environmental Law at the Australian National University College of Law, 2001-2015; and
* the TC Beirne School of Law, The University of Queensland, 2011, 2012 & 2014.
Current external positions
Convener, Management Committee, Environmental Defender's Office Western Australia
http://www.edowa.org.au/
Useful links
Some of my publications are available on the Social Sciences Research Network author's page:
http://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=813928
New and noteworthy
Water Resources Law, 2nd edition, LexisNexis, published in December 2017:
https://store.lexisnexis.com.au/product?9780409337945&utm_medium=others&utm_source=flipbook2017&utm_campaign=flipbook2017-water-resources-2-edition-flipbooksite

Jeanette Jensen and Alex have published:
- "A Legal Obligation to Restore Wetlands by Environmental Water Allocations", (2017) 1 Chinese Journal of Environmental Law 158-201.
- “Legal duties for environmental water provisions in Western Australia”, (2017) 42(1) UWA Law Review 206-246 (open access)
http://www.law.uwa.edu.au/uwalr/issues/2017-volume-42-issue-1/

Three of Alex's 2016 students have published their research:
* E Archer, “Reducing emissions from deforestation after the Paris Agreement: New ambition, old challenges” (2017) 34 Environmental and Planning Law Journal 353.
* J Morris, “Jacob v Save Beeliar Wetlands: The demise of EPA Policy as a mandatory relevant consideration” (2017) 34 Environmental and Planning Law Journal 338.
* E Stoney, "Risk-based regulation: Examination of the adoption of risk-based regulation reforms in Western Australia", (2017) 34 Environmental and Planning Law Journal 59.

Willoughby Prize for 2015, awarded by the Trustees of The Energy, Petroleum, Mineral & Natural Resources Law & Policy Education Trust for the best article published in the Journal of Energy and Natural Resources Law in 2015. The award was for:
M Bennett and A Gardner, ‘Regulating groundwater in a drying climate: lessons from South West Australia’, published in (2015)33(4) JOURNAL OF ENERGY AND NATURAL RESOURCES LAW 293-319.

Recent publications and presentations:
M Waschka and A Gardner, “Diffuse Source Pollution and Water Quality Law for the Great Barrier Reef: Why the reticence to regulate?”, chapter 11 in J Gray, C Holley & R Rayfuse (eds), Trans-jurisdictional Water Law and Governance, Routledge Earthscan, UK, 2016.

M Bancroft and A Gardner, "Opportunities and obligations for residential developers to undertake wastewater recycling and stormwater capture: A Western Australian perspective", (2015) 32 Environmental and Planning Law Journal 372.

J Lee and A Gardner, “A peek around Kevin’s Corner: Adapting Away Substantive Limits?”,(2014) 31 Environmental and Planning Law Journal 247-250. See also, published LLB (Hons) thesis by Jessica Lee, “Theory to practice: Adaptive management of the groundwater impacts of Australian mining projects” (2014) 31 Environmental and Planning Law Journal 251-287.

M Bennett and A Gardner, “Regulating Groundwater in a Drying Climate: Lessons from South West Australia”, 2nd author with M Bennett, (2015) Journal of Energy & Natural Resources Law (http://dx.doi.org/10.1080/02646811.2015.1061355 ). The article is based on "Groundwater Regulation in a Drying South West" report on 1 year research project funded by the National Centre for Groundwater Research and Training, 30 June 2014: http://www.law.uwa.edu.au/research/water-resources-reform/framework

M Bennett and A Gardner, "How do environmental conservation laws interact with environmental aspects of water laws?" (2014) 31 Environmental and Planning Law Journal 3-10.

Sarah Robertson's LLB (Hons) thesis published: “A Regulatory Framework for Monitoring and Enforcing Water Access Rights in Western Australia”, (2014) 37(2) UWAL Rev 215-242.

A Gardner, "Mining Access to Water Resources - Traditions and Developing Principles" [2013] AMPLA Yearbook 306-339.

C McKay and A Gardner,“Water Accounting Information and Confidentiality in Australia”, (2013) 41(1) Federal Law Review 127 – 162.

A Gardner, “Lee and Gropler v Commonwealth and Murray-Darling Basin Authority – a reflection on a conception of Australian water access rights”, (2013) 28(3) Australian Environment Review 517-520.

M Waschka and A Gardner, “Using regulation to tackle the challenge of diffuse water pollution and its impact on the Great Barrier Reef”, (2012) 15(2) Australasian Journal of Natural Resources Law and Policy 109-147.

One of Alex's 2011 LLB Honours students, Natascha Sommer, recently had her thesis published: "Mine Dewatering in the Pilbara: A Legal Framework for Managing the Cumulative Impacts on Environmental Values and Indigenous Interests", (2012) 31(1) Australian Resources and Energy Law Journal 65-90.

Alex with Natascha Sommer, “Environmental Securities in the Mining Industry: A legal framework for Western Australia”, presented at the 2012 Annual Conference of Australian Agricultural and Resource Economics Society, Perth, February 2012, and published in (2012) 31(3) Australian Resources and Energy Law Journal 242-262.

“An overview of the historical legal background to the “Proposed Basin Plan”, (2012) 29(4) Environmental and Planning Law Journal 263-267.

A Gardner and J Lee, “Case note: Macquarie Generation v Hodgson [2011] NSWCA 424”, Australian Environment Review, September 2012, 321-324.

“Water Reform and the Federal System”, in P Kildea et al (eds), Tomorrow’s Federation, Federation Press, 2012.

“The Legal Protection of Ramsar Wetlands: Australian Reforms”, paper presented to the 2009 Annual Colloquium of IUCN Academy of Environmental Law in Wuhan, China, and 1 of 15 papers published in the conference proceedings, P Martin et al (eds), Environmental Governance and Sustainability, Edward Elgar, 2012.

“Water Law: the National Water Initiative”, presented to the Summer School of the National Centre of Groundwater Research and Training, Adelaide, 29 November 2011.

With Zhang Yanfang and Zhang Yi, “Legal Perspective of Water Environmental Protection in the Three Gorges Reservoir Area” (2008) 18(1) Journal of Environmental Management College of China 42-44 (ISSN 1008-813X)
With Zhang Yanfang, “Principles of Environmental Water Allocation and Management in Australia and China” [2008] Journal of China University of Geosciences – Social Sciences Edition 11-14 (ISSN 1671-0169)

“Exploiting the Unspeakable: Third Party Access to Sewage and Public Sector Sewerage Infrastructure”, second author with Janice Gray, delivered to the 2007 Annual Symposium of the Academy of Social Sciences in Australia, Canberra, November 2007.

“Environmental Water Allocations and Their Governance”, with Kathleen Bowmer, paper presented to Delivering the National Water Initiative conference, Parliament House, Canberra, December 2006.

"Environmental Water Allocations in Australia" presented at International Symposium on Sustainable Water Management, National Europe Centre, the Australian National University, Canberra, September 2005.

With V Chung, "The Law and Policy of Environmental Water Allocations in Western Australia", and "Pricing Water for Environmental Externalities", Water Law Conference hosted by the Environmental Defenders Office (WA), Perth, July 2005.

Current projects
In 2018, I have commenced a new project on conservation of Ramsar Wetlands, working with the Peel-Harvey Catchment Council and with special links to wetlands conservation in China.

In 2016-17 I also worked on the 2nd edition of Water Resources Law - see news above.

In 2016-17, I completed two papers on research undertaken with Jeanette Jensen on restoration of waterways and wetlands, with funding from the CRC for Water Sensitive Cities. See my web page on "Water Resources Reform" for news of this research and Jeanette's presentations in September 2016:
http://www.law.uwa.edu.au/research/water-resources-reform

In July 2015, with Nick Duff of the Goldfields Land and Sea Council of Western Australia and two colleagues from the University of Ghana, I completed a collaborative Action Research Project titled:
"Regulating Mining Water Use and Impacts in Ghana: Comparing Ghanaian and Australian Law for Reform Ideas" -
http://im4dc.org/wp-content/uploads/2015/08/Combined-Gardner.pdf


Research profile
Research profile and publications
 

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Last updated:
Tuesday, 3 November, 2015 2:39 PM