Researchers have called for unified water theft laws in the Murray-Darling Basin.

A new study highlights a critical issue within the Murray-Darling Basin - a mishmash of inconsistent water theft laws and penalties across the region's states and territories. 

The study reveals that these discrepancies are undermining regulatory effectiveness and exacerbating environmental and commercial damage.

The new paper suggests that the existing fragmentation in legal frameworks is problematic. 

As the climate crisis threatens water availability, the inconsistency in laws could worsen, leading to increased water theft and regulatory challenges.

The researchers argue for the urgent need to standardise laws to deter water theft more effectively. 

They say New South Wales may serve as a benchmark for other regions. NSW's use of satellite technology has significantly increased the likelihood of detecting and prosecuting water theft, positioning it as a potential model for others in the Murray Darling Basin.

“Federal water regulators of Australia’s Murray-Darling Basin have called for consistency in compliance and certainty across State jurisdictions to help protect water market confidence and resource reallocation outcomes that are critical in drought periods,” the researchers says.

The paper also explores the nuanced challenges of setting penalties for water theft, noting that the consideration of mitigating factors often leads to reduced penalties, thereby weakening compliance incentives.

This call for legislative and institutional reform is seen as essential not only for Australia but also as a lesson for other countries managing transboundary water systems. 

The researchers recommend adopting principles of certainty and severity in penalties to mitigate the environmental and economic impacts of water theft. 

This strategy includes integrating various water values into penalty assessments to develop a more effective legislative framework for the future.