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1

Hartwig, Lana D. "Aboriginal water rights in New South Wales: Implications of water governance reform for self-determination". Thesis, Griffith University, 2020. http://hdl.handle.net/10072/393199.

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Over recent decades, Indigenous peoples’ claims for rights to govern, protect and benefit from the use of their waters have attracted increased global attention. These claims form part of a broader set of demands for Indigenous self-determination, now enshrined in international norms, including the United Nations Declaration on the Rights of Indigenous Peoples. However, Indigenous peoples’ struggles for self-determination broadly, and freshwater rights specifically, are contentious and complex. This is especially so in settler-colonial contexts where Indigenous and settler populations and their institutions and political systems co-exist in complicated and interconnected ways. Over roughly the same period, we have also witnessed the transformation of freshwater governance internationally. Underpinned by neoliberal rationality, nation states have tended to frame water governance challenges as issues of scarcity and inefficiency, and have proffered predominantly market-based and demand-focused policy and legislative responses. Scholars and practitioners disagree about whether these neoliberal water governance and distribution approaches create opportunities or further obstacles for appropriately addressing Indigenous freshwater claims. Some are concerned about how neoliberal rationality masks power asymmetries and constructs water as (only) an economic and value-free resource, which may displace alternative ontological and material water realities that do not align with dominant neoliberal representations of water. These arguments about the pros and cons of neoliberal water governance and water markets play out in Australia. Over the past twenty years, escalating Aboriginal claims for freshwater rights have coincided with widespread neoliberal water reforms. These reforms have led to the development of the world’s biggest water market and completely restructured water rights. Despite this, Aboriginal peoples’ water justice claims remain unresolved and little is known about how neoliberal water governance and market frameworks materially or otherwise affect Aboriginal peoples in this region. In response, this thesis describes and analyses the effects of Australia’s neoliberal water governance on self-determination for Aboriginal peoples. It uses the New South Wales portion of the Murray-Darling Basin, Australia’s most productive agricultural region, as a case study to examine the experiences of Aboriginal peoples who seek rights to access, use and manage water. Theoretical insights from critiques of neoliberalism, settler-colonial theory, legal and ontological pluralism and Indigenous methodologies informed the methodological approach to conceptualising and responding to this research problem. Data was collected via semi-structured interviews with Aboriginal water policy experts and representatives from Aboriginal organisations across the case study area that hold statutory water entitlements, as well as archival, documentary and state water entitlement data analysis. The two key interrelated arguments and findings of this study are as follows. First, the neoliberal governance regime under which Aboriginal peoples currently seek water access and self-determination is built upon and entrenches the exclusion of Aboriginal peoples from historical land and water governance. Aboriginal peoples’ abilities to access, freely care for, manage and determine the use of water are significantly curtailed by enduring settler-colonial power relations. Evidence of this is obtained by quantifying and analysing Aboriginal-held water entitlements, establishing a profile of current holdings, and showing changes to these holdings over time. Analysis of interviews with Aboriginal water policy experts about their experiences and struggles to secure Aboriginal water rights in the recent era also support this finding. Second, this thesis finds that where Aboriginal entities hold commercially valuable statutory water entitlements, there are some opportunities for self-determination but these are generally limited and constrained by structural, organisational and wider governance factors. Analysis of attitudes and behaviours of Aboriginal organisations and representatives who trade in the water market reveals that the conditions that arise from neoliberal water governance (and its intersection with neoliberal Aboriginal affairs policies) encourage them to conceptualise themselves, their water property rights and their pathways to self-determination, in particular ways that align with market subjectivities. This has the effect of narrowing the magnitude and suite of benefits that Aboriginal organisations derive from holding rights to water. The findings from this work present important and timely insights for policy and law reform processes currently underway across Australia. The findings also offer valuable insights for Aboriginal organisations seeking to better engage with water governance and wanting to utilise and manage their water in ways of their choosing.
Thesis (PhD Doctorate)
Doctor of Philosophy (PhD)
School of Environment and Sc
Science, Environment, Engineering and Technology
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2

Mann, Gregory. "California's Water Problems: How A Desert Region Gets Enough Water To Survive". Scholarship @ Claremont, 2012. http://scholarship.claremont.edu/cmc_theses/543.

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The issue of gaining access to enough water in California has shaped how the state has developed and it has been one of the most important and divisive political issues for all of its residents. In a state where “75 percent of the demand for water originates south of Sacramento, although 75 percent of water supply in the state comes from north of the capital city,” the decision of who should get access to the limited supply of water is fiercely contested between opposing parties who all feel that they have a right to the water necessary to keep them alive. But with the amount of useable water slowly declining and an ever-growing population with greater demand for water, there is no easy compromise or solution that solves the problem of how water should be distributed.

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3

Farrelly, Michael. "State, society and water management in late imperial Southeast China". Thesis, McGill University, 2014. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=123264.

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This thesis is a study of water management systems in the late imperial (1368-‐1912) Minnan region (southern Fujian), China. Based on stone inscriptions and local gazetteers, I present case histories of several well-‐documented water management systems. I explore trends in social organization and state-‐society issues relevant to water management systems, with particular emphasis placed upon the means by which lineages came to control water management structures. I then consider the causes and characteristics of water management-‐related conflict, as well as trends in government intervention in related disputes, and the principles upon which local officials adjudicated these disputes. I argue that property rights status was important to adjudication, particularly the concepts of "official," "communal" and "private" land and resources. Finally, I contextualize Minnan water management systems among systems in other parts of China.
Cette thèse étudie les systèmes de gestion de l'eau pendant les dernières années de la période impériale dans la région de Minnan (dans le sud du Fujian) en Chine. L'histoire de plusieurs systèmes bien documentés de gestion de l'eau est présentée, à partir de l'étude de pierres avec des inscriptions et de registres locaux. Les tendances dans l'organisation sociale liée aux systèmes de gestion de l'eau et les problèmes politico-‐sociaux associés sont analysés, avec une attention toute particulière sur les moyens employés par les groupes pour contrôler les organisations qui gèrent l'eau. Les causes et les caractéristiques des conflits relatifs à la gestion de l'eau sont étudiées, ainsi que l'intervention des gouvernements et les principes suivis par les instances locales dans la résolution de ces disputes. Les auteurs soutiennent que le statut de la propriété importe dans l'attribution des ressources, en particulier les concepts de ressources « gouvernementales », « communales » et « privées ». En dernière partie, les systèmes de gestion de l'eau dans la région de Minnan sont mis en perspective avec les systèmes d'autres régions de la Chine.

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4

DeJong, David Henry. "The Sword of Damocles: Pima Agriculture, Water Use and Water Rights, 1848-1921". Diss., The University of Arizona, 2007. http://hdl.handle.net/10150/195634.

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This study identifies the historical factors that impacted Pima agriculture, water use and water rights in south-central Arizona between 1848 and 1921. Federal land and resource policies, especially federal Indian policies, impacted the dynamics of Pima agriculture and water use during these crucial years when the federal government utilized economic liberalism to open the West to homesteading and facilitate the development of the region's vast resources.As an agricultural people, the Pima did not passively accept these policies and events. Rather, they proved adaptive, demonstrating their resourcefulness in important ways. In response to water deprivation and infringement of their water rights, the Pima reduced the amount of land they cultivated. While before 1880 they had increased their cultivated acreage and expanded their trade networks, in the years after they creatively found ways to keep land in production despite water shortages. As the water crisis deepened, the Pima abandoned their least productive lands. In the midst of great deprivation, they relocated (or abandoned) a number of villages and scores of fields in an attempt against great odds to maintain their agricultural economy. To make the most of their diminishing water resources, the Pima adapted by growing small grains such as wheat and barley, even when these crops no longer proved to be economically viable in Arizona. While not new to their crop rotation, the Pima relied almost exclusively upon these crops by the 1910s since they required considerably less water than others.Because the Pima had prior and paramount rights to the water and were wrongfully deprived of their rights to the use of water, their water rights struggle raised a metaphorical Damoclean sword above the heads of those non-Indian farmers who used the water. This study, therefore, focuses on the history of water use and agricultural production among the Pima Indians between 1848 and 1921 and argues that without infringement of their rights to water, the Pima would have equaled and perhaps surpassed the local agricultural economy.

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5

Page, Timothy J. y n/a. "An Evolutionary History of the Freshwater Shrimp Family Atyidae in Australia". Griffith University. Australian School of Environmental Studies, 2007. http://www4.gu.edu.au:8080/adt-root/public/adt-QGU20070725.120145.

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The aim of this thesis is to use phylogenetic analyses of mitochondrial DNA to investigate the biogeography and evolutionary relationships within the freshwater shrimp family Atyidae in Australia at a nested series of scales, both geographic and systematic. At the largest scale, the relationships between Australian and Indo-West Pacific species were inferred using the two most common atyid genera in Australia, Caridina and Paratya. Most atyids are hypothesised to have colonised Australia from Southeast Asia, but Paratya may be a Gondwanan relict given its distribution. Australian Paratya all form a strong clade, with a sister relationship to species from Tasman Sea islands. Molecular clock estimates place all of the splits within Paratya after the break-up of Gondwana, with Australia being colonised once 3½-8½ million years ago. This transoceanic dispersal is conjectured to have taken place through oceanic currents because of the amphidromous life cycle of some taxa of Paratya. Caridina has a very different biogeographic history in Australia, as numerous Australian species have close evolutionary relationships with non-Australian taxa from locations throughout the region. This implies many colonisations to or from Australia over a long period, and thus highlights the surprising adeptness of freshwater shrimp in dispersal across ocean barriers and the unity of much of the region's freshwater biota. A number of potential species radiations within Australia were also identified. This agrees with patterns detected for a large number of Australian freshwater taxa, and implies a vicariant explanation due to the development of colder, dryer climates. The systematic relationships of the remaining two Australian surface genera (Caridinides, Australatya) and two subterranean genera (Parisia, Pycnisia) were also investigated. Australatya forms a strong clade with Pacific 'Atya-like' genera, and Caridinides falls within a clade containing Australian Caridina. The hypogean genera, Parisia and Pycnisia, form a strong clade in all analyses, implying an Australian subterranean speciation. The possibility of a relationship between Parisia/Pycnisia and some Australian Caridina species may have implications for the monophyly of the highly disjunct genus Parisia, as it may descend from local Caridina species and represent convergent morphologies. The common and speciose genus Caridina was used as a model taxon for analyses within Australia. At the medium scale, molecular taxonomic techniques were used to uncover cryptic species within a problematic east Australian species complex. At least five species were detected. Phylogeographic and population genetic analyses were carried out on each of these five cryptic species, which diverged from each other in the late Miocene/Pliocene. There were very large differences between the species in the scales of overall geographic distribution, intraspecific divergence and population structure. These were characterised as either: 1) species with large ranges, low intraspecific divergence, limited phylogeographic structuring (Caridina sp. D); 2) species with large ranges, high intraspecific divergence, a high level of phylogeographic structuring (sp. B); 3) species with a limited range, low intraspecific divergence, no phylogeographic structuring (sp. E); or 4) species with limited ranges, high intraspecific divergences, a high level of phylogeographic structuring (sp. A & C). These patterns reflect a combination of large-scale factors, such as landscape structure and climate change, and small-scale factors, such as species-specific tolerances to local conditions and differing dispersal capabilities. Life history variation (egg size) between species may be correlated with different dispersal abilities. Species with the smallest eggs have the least intraspecific divergence and largest distribution, while those with the biggest eggs have the most divergence and smallest distribution, with medium-sized egg species in between. At the smallest phylogeographic scale, C. sp. C from the sand dune islands of Moreton Bay in southeastern Queensland was further analysed. Two different lineages (C1, C2) were found which diverged from each other during the late Miocene/Pliocene and so are older than the current landscape in which they are found. Small-scale phylogeographic analyses within C1, C2 and a sympatric fish identified divergences dating to the Pleistocene (about 100-300 thousand years ago). This implies that ice age sea-level changes may have structured these populations, although there is little observable influence of the last glacial maximum (about 18 thousand years ago). This study has highlighted a number of taxonomic anomalies within the Atyidae. The detection of many cryptic species implies that biodiversity within freshwater invertebrates is higher than currently appreciated. The evolutionary and biogeographic relationships of Australian atyids have proved complex, with many taxa having their own individual histories. At the large Indo-Pacific scale, dispersal is most evident, but within Australia, both vicariance and dispersal have been responsible for structuring all taxa at every scale.

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6

Page, Timothy J. "An Evolutionary History of the Freshwater Shrimp Family Atyidae in Australia". Thesis, Griffith University, 2007. http://hdl.handle.net/10072/367826.

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The aim of this thesis is to use phylogenetic analyses of mitochondrial DNA to investigate the biogeography and evolutionary relationships within the freshwater shrimp family Atyidae in Australia at a nested series of scales, both geographic and systematic. At the largest scale, the relationships between Australian and Indo-West Pacific species were inferred using the two most common atyid genera in Australia, Caridina and Paratya. Most atyids are hypothesised to have colonised Australia from Southeast Asia, but Paratya may be a Gondwanan relict given its distribution. Australian Paratya all form a strong clade, with a sister relationship to species from Tasman Sea islands. Molecular clock estimates place all of the splits within Paratya after the break-up of Gondwana, with Australia being colonised once 3½-8½ million years ago. This transoceanic dispersal is conjectured to have taken place through oceanic currents because of the amphidromous life cycle of some taxa of Paratya. Caridina has a very different biogeographic history in Australia, as numerous Australian species have close evolutionary relationships with non-Australian taxa from locations throughout the region. This implies many colonisations to or from Australia over a long period, and thus highlights the surprising adeptness of freshwater shrimp in dispersal across ocean barriers and the unity of much of the region's freshwater biota. A number of potential species radiations within Australia were also identified. This agrees with patterns detected for a large number of Australian freshwater taxa, and implies a vicariant explanation due to the development of colder, dryer climates. The systematic relationships of the remaining two Australian surface genera (Caridinides, Australatya) and two subterranean genera (Parisia, Pycnisia) were also investigated. Australatya forms a strong clade with Pacific 'Atya-like' genera, and Caridinides falls within a clade containing Australian Caridina. The hypogean genera, Parisia and Pycnisia, form a strong clade in all analyses, implying an Australian subterranean speciation. The possibility of a relationship between Parisia/Pycnisia and some Australian Caridina species may have implications for the monophyly of the highly disjunct genus Parisia, as it may descend from local Caridina species and represent convergent morphologies. The common and speciose genus Caridina was used as a model taxon for analyses within Australia. At the medium scale, molecular taxonomic techniques were used to uncover cryptic species within a problematic east Australian species complex. At least five species were detected. Phylogeographic and population genetic analyses were carried out on each of these five cryptic species, which diverged from each other in the late Miocene/Pliocene. There were very large differences between the species in the scales of overall geographic distribution, intraspecific divergence and population structure. These were characterised as either: 1) species with large ranges, low intraspecific divergence, limited phylogeographic structuring (Caridina sp. D); 2) species with large ranges, high intraspecific divergence, a high level of phylogeographic structuring (sp. B); 3) species with a limited range, low intraspecific divergence, no phylogeographic structuring (sp. E); or 4) species with limited ranges, high intraspecific divergences, a high level of phylogeographic structuring (sp. A & C). These patterns reflect a combination of large-scale factors, such as landscape structure and climate change, and small-scale factors, such as species-specific tolerances to local conditions and differing dispersal capabilities. Life history variation (egg size) between species may be correlated with different dispersal abilities. Species with the smallest eggs have the least intraspecific divergence and largest distribution, while those with the biggest eggs have the most divergence and smallest distribution, with medium-sized egg species in between. At the smallest phylogeographic scale, C. sp. C from the sand dune islands of Moreton Bay in southeastern Queensland was further analysed. Two different lineages (C1, C2) were found which diverged from each other during the late Miocene/Pliocene and so are older than the current landscape in which they are found. Small-scale phylogeographic analyses within C1, C2 and a sympatric fish identified divergences dating to the Pleistocene (about 100-300 thousand years ago). This implies that ice age sea-level changes may have structured these populations, although there is little observable influence of the last glacial maximum (about 18 thousand years ago). This study has highlighted a number of taxonomic anomalies within the Atyidae. The detection of many cryptic species implies that biodiversity within freshwater invertebrates is higher than currently appreciated. The evolutionary and biogeographic relationships of Australian atyids have proved complex, with many taxa having their own individual histories. At the large Indo-Pacific scale, dispersal is most evident, but within Australia, both vicariance and dispersal have been responsible for structuring all taxa at every scale.
Thesis (PhD Doctorate)
Doctor of Philosophy (PhD)
Australian School of Environmental Studies
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7

Shubber, Basim. "Mid-Cenozoic cool-water carbonate facies and their diagenetic history , St. Vincent Basin, South Australia". Title page, contents and abstract only, 1996. http://web4.library.adelaide.edu.au/theses/09PH/09phs5615.pdf.

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Copies of author's previously published works inserted. Bibliography: p. 173-197. Provides significant insight for studies on cool-water carbonate accumulations throughout the geologic record. The model effectively serves for interpreting the diagenetic pathways in ancient calcitic facies, and can be applied towards directing the course of exploration for hydrocarbons and economic ore deposits.

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8

Wambali, Michael Kajela Beatus. "Democracy and human rights in Tanzania Mainland : the Bill of Rights in the context of constitutional developments and the history of institutions of governance". Thesis, University of Warwick, 1997. http://wrap.warwick.ac.uk/4207/.

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This thesis is an examination of human rights and constitutional development in Tanzania Mainland. The colonial and post-colonial history is used to analyse the development of human rights struggles, as well as institutions such as the Bill of Rights in the recent development of multi-party democracy. The thesis intends to establish that in spite of global factors such as pressure for democratisation from international institutions, the achievement of the Bill of Rights in Tanzania Mainland is part of a wider rights struggle of the people of Tanzania. The effective legal and political implementation of specific rights such as the right to vote, freedom of association and assembly reflect the state of that struggle. The thesis further seeks to establish that while the government sponsored the enactment of the Bill of Rights in 1984 and the re-introduction of multi-partism in 1992, it has always preferred to exercise extreme control over the enjoyment of political rights. This has often involved curtailing the establishment and free operation of institutions of popular democracy. The thesis goes on to suggest that unless a democratic culture and civil society are restored in the country, the success of the rights struggles of the people will be far-fetched. Together with the above it is argued that the struggle for rights could be enhanced by working from what is provided as legal rights, all interested parties pushing for the expansion of the human rights field. This can only be attained if the majority of Tanzanians are made aware of the existence of such rights through legal literacy programs.

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9

Cantzler, Julia Miller. "Culture, History and Contention: Political Struggle and Claims-Making over Indigenous Fishing Rights in Australia, New Zealand and the United States". The Ohio State University, 2011. http://rave.ohiolink.edu/etdc/view?acc_num=osu1306269394.

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10

Ward, David Jefford. "People, fire, forest and water in Wungong: the landscape ecology of a West Australian water catchment". Thesis, Curtin University, 2010. http://hdl.handle.net/20.500.11937/2006.

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Bushfire is, in terms of human lives lost, property destroyed, and damage to natural systems, by far the most urgent environmental problem in Australia. This thesis tries to answer a number of questions about bushfire behaviour, history, effects, and management, in the Wungong Catchment of Western Australia. It does so by an overtly cross-disciplinary approach, involving a mixture of the three main streams of human knowledge, namely the humanities, natural science, and social science.First, I offer a literature review of several hundred books and papers drawn from the three main streams of knowledge mentioned above. The review includes some discussion of ‘bushfire epistemology’, a currently vague and neglected matter.The concept of ‘place’ is important to humans, so I then give a straightforward geographical description of Wungong Catchment, with some mention of the history of bushfire. To describe the vegetation, I use inductive statistics, and a method developed by me from the ideas of Delaunay (1929) and Dirichlet (1850). Given that there are hundreds of plant species within the catchment, I use a landscape approach, and only sketch the main tree species, and two iconic plants, the balga and the djiridji, both of which are important to the original custodians of the catchment, the Nyoongar people. There is discussion of other people’s research into the effect of bushfire on seed banks, and the flowering intervals of some plants of the jarrah forest.To see if Western Australia is anomalous, or fits into the worldwide pattern of humans using fire as a landscape management tool, I then examine some records of bushfire in other lands, including Africa, Madagascar, India, and Europe. The thesis then looks at the history of fire in the jarrah forest of Western Australia, based on observations by early European explorers and settlers from 1826 onward, the views of various foresters, and some opinions of current Nyoongar Elders.Using a mixture of natural science, applied mathematics, and archaeology, I give the results of cleaning the stems of those ancient plants called grasstrees, or balga (Xanthorrhoea spp.). These carry the marks of former bushfires, stretching back to 1750. They confirm historical reports of frequent fire in the jarrah forest, at 2-4 year intervals, and a recent decline in fire frequency. This contradicts the view, held by some, that European arrival increased the frequency of fire.As support for the balga findings, I present a simple mathematical model of self-organization in bushfire mosaics. It shows how lengthy bushfire exclusion can lead to disastrous situations, in which large areas of landscape become flammable and unstable. It shows how frequent, patchy burning can maintain a stable bushfire mosaic, with mild, beneficial fires. In the next chapter, I offer mathematical suggestions on how current unstable mosaics can be restabilized, by careful reintroduction of such burning.In dry, south-western Australia, water supply is an important topic, and a better understanding of the hydrological effects of bushfire may help with both bushfire and water management. I draw upon the natural science of forest hydrology, and the effects of fire in catchments. The evidence comes not only from Australia, but also from the United States, and South Africa.Turning to social science, I introduce Professor Peter Checkland’s ‘Soft Systems Methodology’, and suggest how it could be applied in resolving complicated conflict about bushfire management. I finish in legal style, with a summing up, and a verdict on the use of bushfire as a land management tool in Wungong Catchment, and possibly in other flammable landscapes.

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11

Taffe, Sue (Sue Elizabeth) 1945. "The Federal Council for the Advancement of Aborigines and Torres Strait Islanders : the politics of inter-racial coalition in Australia, 1958-1973". Monash University, School of Historical Studies, 2001. http://arrow.monash.edu.au/hdl/1959.1/8964.

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12

Brankovich, Jasmina. "Burning down the house? : feminism, politics and women's policy in Western Australia, 1972-1998". University of Western Australia. School of Humanities, 2008. http://theses.library.uwa.edu.au/adt-WU2008.0122.

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This thesis examines the constraints and options inherent in placing feminist demands on the state, the limits of such interventions, and the subjective, intimate understandings of feminism among agents who have aimed to change the state from within. First, I describe the central element of a

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13

Miguda, Edith Atieno. "International catalyst and women's parliamentary recruitment : a comparative study of Kenya and Australia 1963-2002 /". Title page, table of contents and abstract only, 2004. http://web4.library.adelaide.edu.au/theses/09PH/09phm6362.pdf.

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14

Smith, Erin. "Structuring for serendipity: family wealth creation, farmer autonomy and the pursuit of security in an uncertain Australian countryside". Thesis, The University of Sydney, 2014. http://hdl.handle.net/2123/13363.

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The social and economic particularities of family farms have captured researchers’ attention for many years; but rural scholarship still lacks a clear, analytical sense of how and why family farms are organised in the ways that they are. This thesis critically examines the internal logics underpinning the socio-economic organisation of Australian farms. It adopts Johnsen’s (2003) conceptualisation of farm enterprises as three-way coalitions between farm businesses, farm households and the respective property holdings. Changes to the Australian agricultural property regime are used as the lens through which to observe how the organisational logics of farm enterprises are recalibrated in response to environmental policy reforms; specifically, the separation of land and water titles. Despite the obvious economic significance of separating land and water titles, the impacts on farm organisation remain under-researched. Hence, this thesis uniquely brings together scholarship on family farming with that of water reforms. A qualitative research method – farm life history – is used to generate narratives of the development of 40 farms in Victoria, Australia. Twenty-one of these are from an irrigation district where land and water titles have been separated, and nineteen from a dry land region unaffected by the reforms. The interpretive chapters comprise an analysis of the ways in which the ownership configurations of farm businesses, land and water assets embody farmers’ aspirations for building wealth and maintaining autonomy. These aspirations are jointly articulated in the concept of ‘structuring for serendipity’, which elevates the notions of risk, uncertainty and security as critical drivers shaping farm-level responses to contemporary conditions. The thesis concludes that the organisational forms observed within the Australian agricultural sector ultimately represent farmers’ pursuit of a sense of security in a constantly changing and uncertain countryside.

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15

Booth, Sharron. "Venturing into silences:The silence of water (novel) - and - Convicts, women and Western Australian stories (essay)". Thesis, Edith Cowan University, Research Online, Perth, Western Australia, 2020. https://ro.ecu.edu.au/theses/2312.

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This thesis examines the harsh impact of convict transportation on Western Australian life and literary production with a novel, “The Silence of Water”, and an accompanying essay. The Swan River Colony (Western Australia) was established in 1829 with the express intention never to accept convicts; however, almost 10,000 men were transported there from Britain between 1850 and 1868. “The Silence of Water” depicts the life of one convict, Customs and Excise officer and former tailor Edwin Thomas Salt, who was convicted of the murder of his wife, Mary Ann, in Edinburgh in 1860. The case attracted attention in newspapers across Britain partly due to the “extreme provocation” Edwin was said to have suffered because of Mary Ann’s drinking. Edwin’s death sentence was commuted and he was transported to Western Australia in 1862. Edwin later received a conditional pardon that allowed him to live as a free man. In Western Australia he married twice, had more children and worked sporadically as a tailor. He died in Fremantle in 1910. A literate man with no prior convictions, sometimes a drunk and a bully, Edwin Salt differs from the convicts usually depicted in Western Australian fiction. Through the characters of Edwin Salt, his Australian daughter and granddaughter, “The Silence of Water” explores themes of exile, incarceration, family dislocation, secrets and intergenerational silences. The accompanying essay claims complex convict characters are largely missing from Western Australia’s literature and suggests how “The Silence of Water” claims a place for convicts and the women associated with them in Western Australia’s founding colonial narrative. It also discusses key research frameworks, methods and literary strategies. Chapter one examines how the convict figure functions across a range of novels from 1880 to 2015 and finds that Western Australia’s convict figure differs markedly from that seen in novels from other Australian states. Chapter two examines two research methods used to write the novel: engagement with the archives and engagement with place. It demonstrates how exploration of Edwin Thomas Salt broadened to focus on the women associated with him, driven by a feminist theoretical framework. Chapter three discusses some literary strategies selected for “The Silence of Water” and their rationale, drawing on the work of contemporary Western Australian fiction writers. Overall, the thesis illuminates an under-explored area of Western Australian cultural production and contributes new knowledge about Western Australia’s convict era, the consequences of which are still visible today.

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16

McFarland, Michele. "The intellectual life of Catherine Helen Spence". Thesis, University of Ballarat, 2004. http://researchonline.federation.edu.au/vital/access/HandleResolver/1959.17/60437.

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This thesis will argue that Catherine Helen Spence, a writer, preacher and reformer who migrated from Scotland to Australia in 1839, performed the role of a public intellectual in Australia similar to that played by a number of women of letters in Victorian England. While her ideas were strongly influenced by important British and European nineteenth-century intellectual figures and movements, as well as by Enlightenment thought, her work also reflects the different socio-political, historical and cultural environment of Australia. These connections and influences can be seen in her engagement with what were some of the "big ideas" of the nineteenth century, including feminism, socialism, religious scepticism, utopianism and the value of progress. In arguing that Spence was a public intellectual, I will consider the ways in which she used the literary genres of fiction and journalism, as well as her sermons, to try to help her fellow citizens make sense of the world, attempting to organise and articulate some of the significant ideas affecting the political, social and cultural climates in which they lived. Through the exploration of Spence's intellectual work, I will show how she can be regarded as making a significant contribution to nineteenth-century Australian intellectual life, one that has been under-recognised and under-valued.
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17

Gill, Nicholas Geography &amp Oceanography Australian Defence Force Academy UNSW. "Outback or at home? : environment, social change and pastoralism in Central Australia". Awarded by:University of New South Wales - Australian Defence Force Academy. School of Geography and Oceanography, 2000. http://handle.unsw.edu.au/1959.4/38728.

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This thesis examines the responses of non-indigenous pastoralists in Central Australian rangelands to two social movements that profoundly challenge their occupancy, use and management of land. Contemporary environmentalism and Aboriginal land rights have both challenged the status of pastoralists as valued primary producers and bearers of a worthy pioneer heritage. Instead, pastoralists have become associated with land degradation, biodiversity loss, and Aboriginal dispossession. Such pressure has intensified in the 1990s in the wake of the native Title debate, and various conservation campaigns in the arid and semi-arid rangelands. The pressure on pastoralists occur in the context of wider reassessment of the social and economic values or rangelands in which pastoralism is seen as having declined in value compared to ???post-production??? land uses. Reassessments of rangelands in turn are part of the global changes in the status of rural areas, and of the growing flexibility in the very meaning of ???rural???. Through ethnographic fieldwork among largely non-indigenous pastoralists in Central Australia, this thesis investigates the nature and foundations of pastoralists??? responses to these changes and critiques. Through memory, history, labour and experience of land, non-indigenous pastoralists construct a narrative of land, themselves and others in which the presence of pastoralism in Central Australia is naturalised, and Central Australia is narrated as an inherently pastoral landscape. Particular types of environmental knowledge and experience, based in actual environmental events and processes form the foundation for a discourse of pastoral property rights. Pastoralists accommodate environmental concerns, through advocating environmental stewardship. They do this in such a way that Central Australia is maintained as a singularly pastoral landscape, and one in which a European, or ???white???, frame of reference continues to dominate. In this way the domesticated pastoral landscapes of colonialism and nationalism are reproduced. The thesis also examines Aboriginal pastoralism as a distinctive form of pastoralism, which fulfils distinctly Aboriginal land use and cultural aspirations, and undermines the conventional meaning of ???pastoralism??? itself. The thesis ends by suggesting that improved dialogue over rangelands futures depends on greater understanding of the details and complexities of local relationships between groups of people, and between people and land.

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18

Saraswati, Anandashila. "Swamp : walking the wetlands of the Swan Coastal Plain ; and with the exegesis, A walk in the anthropocene: homesickness and the walker-writer". Thesis, Edith Cowan University, Research Online, Perth, Western Australia, 2012. https://ro.ecu.edu.au/theses/588.

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This project is comprised of a creative work and accompanying exegesis. The creative work is a collection of poetry which examines the history and ecology of the wetlands and river systems of the Swan Coastal Plain, and which utilises the practice of walking as a research methodology. For the creative practitioner walking reintroduces the body as a fundamental definer of experience, placing the investigation centrally in the corporeal self, using the physical senses as investigative tools of enquiry. As Rebecca Solnit comments in her history of walking, ‘exploring the world is one of the best ways of exploring the mind, and walking travels both terrains’ (Solnit, 2000, p. 13). The context for my poetic walking project Swamp, is a local and global environment undergoing an unprecedented loss of biodiversity, mainly due to the destruction of habitat and changes in climatic conditions (Reid, Partha Dasgupta, Robert M. May, A.H. Zakri, & Henk Simons, 2005, pp. 438-442). The loss of species and ecosystems that have been a part of our earth home results in the human experience of ‘homesickness’ — a longing for the home places that we have known and which have diminished or disappeared. Before the arrival of the British colonists in 1829, the Swan River and adjacent wetlands were an integral part of the seasonal food source for the original inhabitants, the Noongar (Bekle, 1981). In addition wetland places were, and are, deeply embedded in the spiritual and cultural life of the Noongar people of the Swan Coastal Plain (O'Connor, Quartermaine, & Bodney, 1989). In less than two hundred years since the establishment of the Swan River Colony (Western Australia), the lakes and rivers of the Swan Coastal Plain have undergone extreme changes, often resulting in complete draining and in-filling of wetland areas as the city and its suburbs spread beyond the original town limits. This re–engineering of the landscape has had a dramatic and detrimental impact upon biodiversity, water quality and the sense of place experienced by residents. Swamp is a project that has three main facets: a) a body of original poetry which interprets the historical relationship between the British, European, and Chinese newcomers to Noongar country, and the wetlands lakes of the Swan Coastal Plain. The poetry contained in this thesis is copyright to the author, Anandashila Saraswati (Nandi Chinna). b)An essay which contextualises the project within the sphere of walking art, psychogeography, and the philosophical idea of ‘Homesickness’. c) A website, www.swampwalking.com.au, which displays photographs documenting the walks I have carried out over the three year period of the project from February 2009 to February 2012. The exegetical part of this project looks at the notion of ‘homesickness’ as a philosophical condition that can be seen as a motivating force in the practice of writing on walking. I use Debord’s theory of the dérive as a starting point for my walking methodology and examine nostalgia within the Situationist International (Debord, 1958) and subsequent psychogeographical movements. I also investigate the role of homesickness in the work of other writers who walk and who write about their walking practice. Finally I discuss homesickness in the epoch of the Anthropocene (Crutzen & Schwägerl, 2011), the era in which the earth’s biosphere is characterised by human interventions which have changed the meteorological, geological and biological elements of our earth home. In the Anthropocene, the wilderness view of nature needs to be re-evaluated. I posit that walking is a way of reconnecting with the physical landscape and building relationships with small wilds that exist in our home places, and that writing about the walking allows these relationships and encounters to ripple out to readers, contributing to and enabling the development of an ethic of care for ecosystems and beings other than human.

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19

Peters, Murray Hamaka. "The confiscation of Pare Hauraki: The impact of Te Ao Pākehā on the Iwi of Pare Hauraki Māori; on the whenua of Pare Hauraki 1835-1997 and The Foreshore and Seabed Act 2004". The University of Waikato, 2007. http://hdl.handle.net/10289/2366.

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Kia mau ki te rangatiratanga o te Iwi o Hauraki Just as the whakataukī explains Hold fast to the power and authority of the Hauraki tribes the focus of this study is to examine and evaluate the impact of Te Ao Pākehā on Pare Hauraki lands and Tīkapa Moana under the mana of Pare Hauraki Māori and Pare Hauraki tikanga. The iwi of Pare Hauraki have land claims through the, (Wai 100) and the Hauraki Māori Trust Board, before the Waitangi Tribunal highlighting whenua issues and their impact on Pare Hauraki iwi. Also relevant is the foreshore and seabed issue which is documented leading on to the infamous Foreshore and Seabed Act 2004, (for Māori anyway), sparking widespread opposition by Māori throughout the country, and other supportive non-Māori groups because of the issue concerning Māori kaitiiakitanga and guardianship roles. This investigation will commence by outlining the histories of discovery and settlement of Pare Hauraki, the concept of mana-whenua/mana-moana as it applies to Pare Hauraki Māori and our tikanga, and then to subsequent issues leading to land alienation of the early 19th to late 20th cenutries and then to the foreshore issue of the early 21st Century. This research will include information showing that before 1840 to Te Tiriti o Waitangi and thereafter that Pākehā and various Crown agents, through legislation claimed the rights to the lands, waterways and oceanic areas under the kaitiakitanga of my tupuna of Pare Hauraki. Tupuna and other iwi members have expressed their disgust seeing the mana of their traditional lands, waterways, oceanic areas and kaitiaki roles slipping away from them through these activities. Therefore, this thesis is a response to those issues and the impact on (a), Māori as a people, and our tikanga Māori and (b), Pare Hauraki Māori as the kaitiaki/guardians of the Pare Hauraki rohe/territory in accordance with tikanga Māori, and the significance of the responsibilities which arise out of the Māori concepts of kaitiakitanga, manaakitanga and rangatiratanga.

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20

Davies, Llewellyn Willis. "‘LOOK’ AND LOOK BACK: Using an auto/biographical lens to study the Australian documentary film industry, 1970 - 2010". Phd thesis, Canberra, ACT : The Australian National University, 2018. http://hdl.handle.net/1885/154339.

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While much has been written on the Australian film and television industry, little has been presented by actual producers, filmmakers and technicians of their time and experiences within that same industry. Similarly, with historical documentaries, it has been academics rather than filmmakers who have led the debate. This thesis addresses this shortcoming and bridges the gap between practitioner experience and intellectual discussion, synthesising the debate and providing an important contribution from a filmmaker-academic, in its own way unique and insightful. The thesis is presented in two voices. First, my voice, the voice of memoir and recollected experience of my screen adventures over 38 years within the Australian industry, mainly producing historical documentaries for the ABC and the SBS. This is represented in italics. The second half and the alternate chapters provide the industry framework in which I worked with particular emphasis on documentaries and how this evolved and developed over a 40-year period, from 1970 to 2010. Within these two voices are three layers against which this history is reviewed and presented. Forming the base of the pyramid is the broad Australian film industry made up of feature films, documentary, television drama, animation and other types and styles of production. Above this is the genre documentary within this broad industry, and making up the small top tip of the pyramid, the sub-genre of historical documentary. These form the vertical structure within which industry issues are discussed. Threading through it are the duel determinants of production: ‘the market’ and ‘funding’. Underpinning the industry is the involvement of government, both state and federal, forming the three dimensional matrix for the thesis. For over 100 years the Australian film industry has depended on government support through subsidy, funding mechanisms, development assistance, broadcast policy and legislative provisions. This thesis aims to weave together these industry layers, binding them with the determinants of the market and funding, and immersing them beneath layers of government legislation and policy to present a new view of the Australian film industry.

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21

"Water Rights: A Transformative Perspective On Water Rights And Indigenous Peoples". Master's thesis, 2012. http://hdl.handle.net/2286/R.I.15220.

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abstract: Indian water rights and Indian water settlements have emerged as a means for resolving long-standing despites and water rights claims. Working with and understanding water rights demands a genuine knowledge of water issues that are specific to each indigenous community as there are cultural aspects and perspectives towards water that are involved. The Gila River Indian Community is an indigenous community in south central Arizona, whose cultural and historic origins span over two millennia. Their foundation as a people was tied to the presence of the Gila and Salt Rivers, from which they freely diverted its waters through hundreds of miles of hand-dug canals, to transform the Sonoran desert into a desert oasis. There is a historical progression of this Community's water rights from when water was abundant to the time it was scarce, leading to an outright denial of a livelihood where water and farming was central to their way of life. A water rights settlement was an option that was pursued because it offered a chance for the Community to see the return of their water. The 2004 Gila River Indian Community Water Rights Settlement has been recognized as the largest Indian water rights settlement in United States history and serves as a model for future water settlements. The success of Indian water settlements in the United States has the potential, under the right political and legal conditions, to be replicated in other areas of the world where water resources are under dispute and water rights have come into conflict between indigenous and non-indigenous users.
Dissertation/Thesis
M.A. Social Justice and Human Rights 2012

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22

Williams, John Matthew. "The protection of rights under the Australian Constitution : a republican analysis". Phd thesis, 1997. http://hdl.handle.net/1885/145902.

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23

Standfield, Rachel. ""Not for lack of trying" : discourses of whiteness, race, and human rights in postwar Australia". Master's thesis, 2002. http://hdl.handle.net/1885/150356.

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24

Carman-Brown, Kylie. "Following the water: environmental history and the hydrological cycle in colonial Gippsland, Australia, 1838-1900". Phd thesis, 2011. http://hdl.handle.net/1885/151792.

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This thesis explores a new approach to writing the environmental history of settler societies through an explicit focus on ecological processes, as distinct from the more commonly used landscape or geographic units. In this case, I focus upon the hydrological cycle and four key processes that constitute it. The processes are precipitation; flow above and below ground in rivers, creeks and aquifers; stored or still water in lakes, ponds and wetlands; and evaporation. The work examines the impact of the ecological processes that make up the hydrological cycle within the context of the daily life of colonial settlers in the catchment of the Gippsland Lakes in south eastern Victoria, Australia, from the commencement of white colonization in the late 1830s up to the turn of the century. This time period was selected because by 1900, the principal changes which laid the foundation for the Lakes seriously compromised ecological health in the late 1980s and early 1990s were all in place. Inspired by gestalt psychology, it examines the interaction of those processes with settler knowledge of biophysical processes, their religious and cultural beliefs, economic and political forces at work in their world, work and leisure time, their language and expressions, values and aspirations for themselves and their families. Each of these aspects informed their perceptions of the ecology around them, and particularly, their perception of the significance of water. The findings confirms the critical importance of cultural values, generated through myth, story and action, to understanding environmental changes. Colonial Gippslanders were committed to: a belief in progress, or alternately, banishing wilderness; a belief that the world was made by God for human benefit; and the desire for certainty versus the actual uncertainty in hydrological conditions. Collectively, colonial Gippslanders believed in progress as much as they believed in God, believed themselves largely separate from nature and plumped for certainty. They set to re-plumbing the catchment to eliminate, as far as possible within their technical capabilities, the natural variations within the hydrological cycle. The tools which they applied to achieve this radical re{u00AD}plumbing included the application of engineering knowledge, supported by increasing amounts of technology and machinery and by sophisticated socio{u00AD}political lobbying.

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25

"American Indian Water Rights in Arizona: From Conflict to Settlement, 1950-2004". Doctoral diss., 2011. http://hdl.handle.net/2286/R.I.9055.

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abstract: The rights of American Indians occupy a unique position within the legal framework of water allocations in the western United States. However, in the formulation and execution of policies that controlled access to water in the desert Southwest, federal and local governments did not preserve the federal reserved water rights that attached to Indian reservations as part of their creation. Consequentially, Indian communities were unable to access the water supplies necessary to sustain the economic development of their reservations. This dissertation analyzes the legal and historical dimensions of the conflict over rights that occurred between Indian communities and non-Indian water users in Arizona during the second half of the twentieth century. Particular attention is paid to negotiations involving local, state, federal, and tribal parties, which led to the Congressional authorization of water rights settlements for several reservations in central Arizona. The historical, economic, and political forces that shaped the settlement process are analyzed in order to gain a better understanding of how water users managed uncertainty regarding their long-term water supplies. The Indian water rights settlement process was made possible through a reconfiguration of major institutional, legal, and policy arrangements that dictate the allocation of water supplies in Arizona.
Dissertation/Thesis
Ph.D. History 2011

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26

Pagan, Phillip. "Evaluation of institutions for interstate water trading involving the ACT". Master's thesis, 2007. http://hdl.handle.net/1885/150406.

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27

Shubber, Basim. "Mid-Cenozoic cool-water carbonate facies and their diagenetic history, St. Vincent Basin, South Australia / Basin Shubber". Thesis, 1996. http://hdl.handle.net/2440/18819.

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Copies of author's previously published works inserted.
Bibliography: p. 173-197.
vii, 222 p. : ill. (chiefly col.), maps ; 30 cm.
Provides significant insight for studies on cool-water carbonate accumulations throughout the geologic record. The model effectively serves for interpreting the diagenetic pathways in ancient calcitic facies, and can be applied towards directing the course of exploration for hydrocarbons and economic ore deposits.
Thesis (Ph.D.)--University of Adelaide, Dept. of Geology and Geophysics, 1997

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28

"Remaking a People, Restoring a Watershed: Klamath Tribal Empowerment through Natural Resource Activism, 1960-2014". Doctoral diss., 2015. http://hdl.handle.net/2286/R.I.36509.

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abstract: Natural resources management is a pressing issue for Native American nations and communities. More than ever before, tribal officials sit at the decision-making tables with federal and state officials as well as non-governmental natural resource stakeholders. This, however, has not always been the case. This dissertation focuses on tribal activism to demonstrate how and why tribal sovereignty, self-determination, and treaty rights protection are tied closely to contemporary environmental issues and natural resources management. With the Klamath Tribes of southern Oregon as a case study, this dissertation analyzes how a tribal nation garnered a political position in which it could both indirectly influence and directly orchestrate natural resource management within and outside of its sovereign boundaries. The Klamath Tribes experienced the devastating termination policy in the 1950s. Termination stripped them of their federal status as an Indian tribe, the government services offered to recognized tribes, and their 1.2-million-acre reservation. Despite this horrific event, the Klamaths emerged by the 2000s as leading natural resource stakeholders in the Klamath River Watershed, a region ten times larger than their former reservation. The Klamaths used tools, such as their treaty and water rights, and employed careful political, legal, and social tactics. For example, they litigated, appropriated science, participated in democratic national environmental policy processes, and developed a lexicon. They also negotiated and established alliances with non-governmental stakeholders in order to refocus watershed management toward a holistic approach that promoted ecological restoration. This study applies spatial theory and an ethnohistorical approach to show how traditional values drove the Klamaths’ contemporary activism. From their perspective, healing the land would heal the people. The Klamaths’ history illuminates the active roles that tribes have had in the institutionalization of the federal self-determination policy as federal agencies resisted recognizing tribes and working with them in government-to-government relationships. Through their efforts to weave their interests into natural resource management with state, federal, and non-governmental stakeholders, the Klamaths took part in a much larger historical trend, the increased pluralization of American society.
Dissertation/Thesis
Doctoral Dissertation History 2015

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29

Jean, Elinor. "From natural flow to engineered resource : history of conflict over water access rights in new south wales (1825 - 1944)". Phd thesis, 2015. http://hdl.handle.net/1885/150715.

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Australia has a rich history of water law and conflict. This thesis examines water disputes and regulation in New South Wales from the early nineteenth century until the turn of the twentieth century. The decades leading to the 1850s were a formative era for New South Wales water law. From the 1850s onwards, the challenges facing the law multiplied, as water use intensity increased and water users sought greater development. This research explores the resulting conflicts over water through the lenses of relationships between water users and the natural environment, other water users and the state. This analysis is assisted by James Linton's theory that modern, Western society has re defined water as an abstract resource, dissociated from ecological and social meanings. The operation of the common law riparian doctrine within the Australian landscape was a key challenge for nineteenth-century water law. In particular, riparianism's focus on 'natual flow' placed major limits on the development of watercourses. At the turn of the twentieth century, the riparian doctrine was replaced with a statutory public administration regime. The removal of water access constrained by riparian landownership and concepts such as 'natural flow' enabled human transformation of watercourses on a landscape scale. This qualitatively changed the nature of end user rights to access the waters of rivers and streams, causing multiple separations in the relationships between water, water users and the natural landscape. Twentieth-century water management was characterised by the construction of major storages on the headwaters, the regulation of riverflow and the diversion of water to irrigation settlements. The vesting of flowing water in the Crown and state investment in water development assisted the evolution of water as an 'engineered resource', altering the relationship between water use, and the geography of the landscape and rhythms of the seasons. The centralisation of water resources allowed the state to manage water as a unified and homogeneous yet divisible resource, and water access rights came to express an increasingly abstract relationship between water and its natural ecology. The state's monopoly control over the major watercourses also allowed the Crown to become the arbiter of end user access to water. As a result, water sharing relationships between water users shifted from disputes between individuals or among communities of users, to public debates centred around state management, planning and allocation decisions. Water disputes also evidence scattered claims by water users for use-based, decentralised, and public water access regimes. While none of these categories has had a defining influence on the structure of the general water law, they provide further insights into the shifting relationships between water users, the natural world and the state - in particular, reiterating the tendency of New South Wales water law to define water use independently from social and ecological meanings. These patterns from New South Wales' water law history provide valuable insights into modern-day water law doctrines and can assist to better understand the foundations of today's water conflicts.

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30

"Moderating power: Municipal interbasin groundwater transfers in Arizona". Master's thesis, 2013. http://hdl.handle.net/2286/R.I.20993.

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abstract: The act of moving water across basins is a recent phenomenon in Arizona water policy. This thesis creates a narrative arc for understanding the long-term issues that set precedents for interbasin water transportation and the immediate causes--namely the passage of the seminal Groundwater Management Act (GMA) in 1980--that motivated Scottsdale, Mesa, and Phoenix to acquire rural farmlands in the mid-1980s with the intent of transporting the underlying groundwater back to their respective service areas in the immediate future. Residents of rural areas were active participants in not only the sales of these farmlands, but also in how municipalities would economically develop these properties in the years to come. Their role made these municipal "water farm" purchases function as exchanges. Fears about the impact of these properties and the water transportation they anticipated on communities-of-origin; the limited nature of economic, fiscal, and hydrologic data at the time; and the rise of private water speculators turned water farms into a major political controversy. The six years it took the legislature to wrestle with the problem at the heart this issue--the value of water to rural communities--were among its most tumultuous. The loss of key lawmakers involved in GMA negotiations, the impeachment of Governor Evan Mecham, and a bribery scandal called AZScam collectively sidetracked negotiations. Even more critical was the absence of a mutual recognition that these water farms posed a problem and the external pressure that had forced all parties involved in earlier groundwater-related negotiations to craft compromise. After cities and speculators failed to force a bill favorable to their interests in 1989, a re-alignment among blocs occurred: cities joined with rural interests to craft legislation that grandfathered in existing urban water farms and limited future water farms to several basins. In exchange, rural interests supported a bill to create a Phoenix-area groundwater replenishment district that enabled cooperative management of water supplies. These two bills, which were jointly signed into law in June 1991, tentatively resolved the water farm issue. The creation of a groundwater replenishment district that has subsidized growth in Maricopa, Pinal, and Pima Counties, the creation water bank to store unused Central Arizona Project water for times of drought, and a host of water conservation measures and water leases enabled by the passage of several tribal water rights settlements have set favorable conditions such that Scottsdale, Mesa, and Phoenix never had any reason to transport any water from their water farms. The legacy of these properties then is that they were the product of the intense urgency and uncertainty in urban planning premised on assumptions of growing populations and complementary, inelastic demand. But even as per capita water consumption has declined throughout the Phoenix-area, continued growth has increased demand, beyond the capacity of available supplies so that there will likely be a new push for rural water farms in the foreseeable future.
Dissertation/Thesis
M.A. History 2013

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31

Stillman, R. H. (Reuben Herbert). "Regulation, liability and small customer rights in the energy supply industry". Thesis, 2007. http://handle.uws.edu.au:8081/1959.7/490022.

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The transfer of energy and water utilities to private or state owned corporations raises important questions of service obligations, access, and dispute resolution for small end customers. The aim of this thesis is to explore the legal issues that confront small end users and service providers in what is a highly regulated market environment. This thesis examines the duties and obligations of energy service providers in terms of the product being fit for its expected purpose and in a manner not causing economic loss to the user. Correspondingly, the thesis examines also the rights and obligations of the user. These respective rights and liabilities of the parties are examined by reference to contracts law, consumer protection law under the Trade Practices Act, torts law and adjudication powers of the Ombudsman. The term “user” in this context refers to the small end-user, even though the analytical framework used in this thesis can, with appropriate modifications be also used in relation to others in the provider-user relationship identified here. With this in mind, the thesis examines: (1) whether the legal mechanisms created by national and state legislation and the regulatory regime have enhanced consumer sovereignty and reinforced small end customer rights relative to the old regime of franchised monopolies; and (2) whether, the legal tradition of reasonable care with its roots in interpersonal equity has been undermined by economic criteria. Despite Governments relinquishing ownership of production, transmission and distribution of energy supplies to the corporate sector, the State remains as a significant presence as a regulator of essential public utility services. Essential service utilities occupy too important a place in the social well being of society for governments to abandon them to the vagaries of market economics. Given the difficulties the courts have had of establishing reasonable care as applied to government or semi-government utilities, an important legal issue is, what is the appropriate standard of liability for negligence which should be applied to the highly regulated private and state owned service corporations which have no immunities under the Crown? In this regard, the thesis is concerned with the legal responsibility under both common law and statute to small end users for everyday power disturbances, failure to supply, and defective supply causing property damage or economic loss. In this context the basic arguments set out in the Thesis are as follows: Chapter 1 sets the background to the thesis. Chapter 2 examines regulation and the national electricity market with emphasis on the role of the Australian Energy Regulator, the Rules of the market and the liability exclusion clauses contained in the National Electricity Law. It argues that the complicated commercial and statutory structure of the market is beyond the legal ability of a small end user to challenge a negligent action of a market participant. Chapter 3 takes up the issue of whether under the Trade Practices Act 1974 (Cth) a strict liability regime should apply to service providers as argued in the Electricity Supply Association of Australia v Australian Competition and Consumer Commission case.1 It argues that electricity as “goods” (s. 4) should be subject to strict liability for defective supply. Chapter 4 examines standard form connection and supply contracts which are deemed (unseen and unsigned) to exist between service providers and small end customers. It concludes that liability exclusion clauses deny the small end customer common law contractual justice. Chapter 5 focuses on the impact of civil liability legislation in negligence, the rationalist concept of care and safety, and decision tree analysis in causation. It is considered that the legislation severely restricts the ability of the small end user to access the legal system when dealing with corporate energy providers. Chapter 6 looks at economic loss in respect of the loss of energy supplies. It argues that the common law regime does not assist the small end consumer as one of a large indeterminate class of plaintiffs who cannot recover. Chapter 7 examines the jurisdiction of the Energy Ombudsman scheme. It argues that whilst there is some scope to provide compensation to small end users, the capacity is both limited and small in amount. Chapter 8 provides some concluding arguments. The research concludes that the legal and regulatory mechanisms governing the disaggregated energy supply industry has failed to provide adequate protection for small end users. It is concluded that in the context of the existing regime, the small end user of energy services is not only disadvantaged but disenfranchised.

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32

Ogilvie, Charlene Sarah. "The Aboriginal movement and Australian photography". Phd thesis, 2007. http://hdl.handle.net/1885/149690.

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Miguda, Edith Atieno. "International catalyst and women's parliamentary recruitment : a comparative study of Kenya and Australia 1963-2002 / Edith Atieno Miguda". Thesis, 2004. http://hdl.handle.net/2440/22210.

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"November 2004"
Includes bibliographical references (leaves 246-263)
xi, 263 leaves ; 30 cm.
A comparative study of the impact of international catalysts on women's entry into the national parliaments of Kenya and Australia and whether they have similar impacts on women's parliamentary recruitment in countries that have different terms of incorporation into the international system.
Thesis (Ph.D.)--University of Adelaide, School of Social Sciences, Discipline of Gender Studies, 2005

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34

McPhee, Jack J. "Life history characteristics of glassfish, Ambassis jacksoniensis, adjacent to saltmarsh within a large and permanently-open estuary". Thesis, 2017. http://hdl.handle.net/1959.13/1343123.

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Research Doctorate - Doctor of Philosophy (PhD)
Saltmarsh vegetation, which typically occurs in intertidal areas within estuaries globally, provides an important habitat and feeding ground for estuarine organisms such as crustaceans, gastropods, birds and fish (some of which are of economic importance). Within south-east Australian estuaries, saltmarsh vegetation is both typically bordered by mangroves and tidally inundated three or four times per month during the high tide of the spring tidal cycle (during the day high tide in summer and during the night high tide in winter). In recent decades, saltmarsh vegetation has declined globally due to anthropogenic influence, and in Australia, ‘Coastal Saltmarsh’ is now listed as an Endangered Ecological Community under the Threatened Species Conservation Act 1995. This study was conducted within a representative and relatively “unmodified” saltmarsh habitat (Empire Bay Wetland) in a large and permanently open estuary, Brisbane Water Estuary, located in south-eastern Australia. This study, which was conducted at two markedly different times of the year during 2012, examined the general “response” of the estuarine fish (using seine nets) and zooplankton (using plankton nets) assemblages to tidal inundation, with further emphasis being placed on selected biological and ecological characteristics of the abundant estuarine ambassid, Ambassis jacksoniensis. Abundances of A. jacksoniensis (mean standard length=37.3 mm, ±0.021 (SE)) and overall fish diversity were greater in nightly winter catches than daily summer catches, which is consistent with previous evidence of important feeding times for estuarine fish (including A. jacksoniensis) upon saltmarsh derived zooplankton (e.g. crab zoeae released by saltmarsh-dwelling grapsid crabs), during ebb tides that drain saltmarsh following its inundation. Indeed, zooplankton assemblages were dominated by crab zoeae during ebb tides following saltmarsh inundation, while calanoid copepods dominated these assemblages at other times. Moreover, stomach content analyses of A. jacksoniensis showed that crab zoeae were heavily preyed upon during such times, with dietary “switching” to caridean decapods being evident when crab zoeae were not abundantly present within the water column (i.e. during flood tides and during ebb tides that did not follow saltmarsh inundation; as shown within zooplankton assemblages). Despite their high abundance within zooplankton assemblages, calanoid copepods were not preyed upon by A. jacksoniensis, which is likely to reflect the relatively fast escape responses of calanoids to predators. Further, stomach fullnesses of A. jacksoniensis were generally highest during ebb tides on days of saltmarsh inundation, implying that feeding was most marked at these times. Trophic relay is an ecological model that involves the movement of biomass and energy from vegetation, such as saltmarshes, within estuaries to the open sea via a series of predator-prey relationships. Therefore, the trophic relationship between saltmarsh-dwelling grapsid crabs (which feed on saltmarsh-derived detritus and microphytobenthos), A. jacksoniensis and their predators (which include economically important fish, such as Acanthopagrus australis, Platycephalus fuscus and Argyrosomus japonicus, provides evidence of partial trophic relay within this system, and thus highlights the ecological and economic importance of saltmarsh within this system. The trophic relationship between A. jacksoniensis and its zooplanktonic prey (e.g. crab zoeae, which is of a red/orange colour) was further investigated, for the first time, by comparisons of the calorimetric contribution of its potential prey (i.e. crab zoeae, and the far paler caridean decapods and calanoid copepods), which found no difference in the energetic densities among such potential prey, suggesting that prey (i.e. zooplankton) abundance and/or prey visibility (due to colour) has a stronger relationship than prey energetic density to the diets of A. jacksoniensis. The feeding ecology of A. jacksonsiensis was also explored, for the first time, in light of its various life history characteristics (e.g. the seasonality of sex ratios, sexual maturity and somatic/reproductive growth), with links being made between saltmarsh-derived tropic relay and energetic requirements for reproductive purposes. Thus, the gonads of A. jacksoniensis were found to be generally maturing and ripe during summer, while juvenile/inactive and spent gonads were prevalent during winter, consistent with previous evidence that A. jacksoniensis spawn during summer with a lull during winter. The sex ratios of A. jacksoniensis were also heavily female-biased during summer before equalising (to approximately 1:1) during winter, suggesting that male A. jacksoniensis may avoid the shallow sampling locations (seagrass adjacent to the saltmarsh/mangroves) in a strategy to counteract visual predation from fish and birds during daytime (summer) before returning to these waters during the night winter, during a lull in spawning, for important feeding opportunities. Female A. jacksoniensis, alternatively, may remain in such vulnerable locations due to increased energetic requirements for reproductive purposes (as demonstrated in male vs female somatic/gonadal growth analyses). These findings therefore suggest that the seasonal timing of spawning for A. jacksoniensis may be linked to their feeding behaviours (i.e. upon saltmarsh-derived zooplankton), the latter of which is governed by the tidal inundation of saltmarsh vegetation. As there is a global ecological and economic reliance by fish (particularly A. jacksoniensis) on saltmarshes, which facilitate trophic relay within these systems, it is imperative that management of Australian estuaries is employed in a manner that appropriately incorporates the conservation of saltmarsh vegetation and thus protects its ecological function within these estuaries.

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35

Devitt, Rebecca. "'Sweat and tears' : stolen generations activism and the National Inquiry into the separation of Aboriginal and Torres Strait Islander children from their families". Phd thesis, 2008. http://hdl.handle.net/1885/149903.

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36

Ward, Charlie R. "Gurindji people and Aboriginal self-determination policy, 1973-1986". Thesis, 2017. http://hdl.handle.net/1959.7/uws:47353.

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In 1973, a newly-elected Australian Labor Party government led by Gough Whitlam described its new Aboriginal Affairs policy as one of Aboriginal self-determination. The policy proclaimed its intention to assist Aboriginal groups to achieve their own goals, and used the Northern Territory (over which the Commonwealth then had full control) as a proving ground for its implementation. Subsequently renamed self-management by the Fraser Government (1975–83), the policy was adapted in small but significant ways by every federal and Northern Territory Government in the period of this study (1973–86). The thinking of those who had formulated self-determination policy had been influenced by the situation and ambitions of the Gurindji people. The group had come to public attention following their Wave Hill Walk-off protest action of 1966, led by Vincent Lingiari. In the years afterwards, Lingiari and other Gurindji leaders articulated a number of goals, the achievement of which they saw as fundamental to their society’s wellbeing and viability. Those goals were: official recognition of their traditional rights to land; their operation of a cattle enterprise on that land; their establishment of an independent community there also; and the operation in that community of a ‘two-way’ school. This thesis recognises an apparent confluence of shared intentions among Gurindji leaders and government agencies in the self-determination era, and describes a zone of parallel Gurindji and government activity: ‘Gurindji self-determination’. Finding that three of Gurindji self-determination’s four goals were not or only fleetingly achieved, the task of this thesis is to identify the causes of this broad failure and singular success. To do this, the thesis draws on detailed empirical data, the policy history of the preceding decades, anthropological and ethnographic studies, and political theory. This thesis finds that Gurindji self-determination’s failure was caused by inchoate and emergent differences between the aims and methods of government agencies and the Gurindji. Equally, young Gurindji people’s social reform agendas were an important and unanticipated contributor to the failure of Gurindji self-determination. Increased cash incomes and broader policy shifts associated with ‘equal rights’ enabled younger Gurindji to conduct this reformation.

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37

Delaland, Christopher. "The 1950-1951 anti-communist debates and Herb Evatt's paradoxical relationship with civil liberties". Thesis, 2003. https://vuir.vu.edu.au/32982/.

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This thesis seeks to outline the paradoxical relationship that Australia's former Attorney General and Minister for External Affairs, Herbert Vere Evatt had with the preservation of civil Liberties within Australia during his long and fruitful career.

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38

White, Rochelle. "The banning of E.A.H. Laurie at Melbourne Teachers' College, 1944". Thesis, 1997. https://vuir.vu.edu.au/32972/.

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This thesis examines the banning of a communist speaker. Lieutenant E.A.H. Laurie, at Melbourne Teachers' College in July, 1944 and argues that the decision to ban Laurie was unwarranted and politically motivated. The banning, which was enforced by the Minister for Public Instruction, Thomas Tuke Hollway, appears to have been based on Hollway's firm anti-communist views and political opportunism. A. J. Law, Principal of the Teachers' College, was also responsible for banning Laurie. However, Law's decision to ban Laurie was probably directed by Hollway and supported by J. Seitz, Director of Education.

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Tesis sobre el tema "Water rights – australia – history"

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