Never going to happen. This will not stand up to the commons argument and neither the Commonwealth or State governments will get this past the High Court. If they want to go down that path then might I suggest we drag them out on the street and given them a decent hang, drawing and quartering. Let the revolution begin. High time anyway.
I remember a doco from South America?? where an organisation managed to claim ownership of ALL water in their country. This included the rain. Dirty deals were done between corrupt officials to achieve this. The people had no water rights and were at the mercy of those in power. They rebelled and regained their rights.
I can't remember which country it was, but if a similar madness was forced upon Australians I am certain the revolt would be swift.
I have been of the understanding that in Qld at least, the claim of ownership to water arises when it hits the ground - not while it is in the air. The ownership of water on the ground and in streams is then made subject to various exemptions for rural dams and tanks and the like. I haven't looked at this act for a long time so I concede things may have changed. But I would have thought it impossible for any giovernment to claim owvership of something that is not fixed on the earth and therefore arguably subject to the reservations under the opriginal crown grants - like mnerals etc.
To claim ownership of rain that is falling (which I would think would include rain landing on your roof and going straight into your tank) would be legally unsustainable. I can see some meaty challenges to this sort of nonsense.
If it were possible to claim ownership of rain still in the sky, then it would necessarily include uncondensed rain (i.e. water molecules not yet formed into droplets as well as the clouds they form - whether they ever fell as rain or not. Now, how could one State claim ownership to something that usually arises in the deep ocean, travels by wind over international waters followed by one or more states and then, finally lands in one of them. On that thesis, and notwithstanding that it arises in international space, it would follow that it could then be claimed by each and every state over which it passed before it fell - and whether it fell as rain or not. The level of nonsense this suggests in monumental.
Peter
No doubt the airspace over Australia is also vested in Governments. So, I don't think such a claim would hold water
Never going to happen. This will not stand up to the commons argument and neither the Commonwealth or State governments will get this past the High Court. If they want to go down that path then might I suggest we drag them out on the street and given them a decent hang, drawing and quartering. Let the revolution begin. High time anyway.
I remember a doco from South America?? where an organisation managed to claim ownership of ALL water in their country. This included the rain. Dirty deals were done between corrupt officials to achieve this. The people had no water rights and were at the mercy of those in power. They rebelled and regained their rights.
I can't remember which country it was, but if a similar madness was forced upon Australians I am certain the revolt would be swift.
I'm not sure of the country either Stu
I'm pretty sure the organisation was Monsanto which doesn't surprise me in the least.
Just musing here,
but if they do want to own all the rainwater,
and their water damages my house due to incorrect and or improperly controlled application rates,
are they liable???
Just musing here,
but if they do want to own all the rainwater,
and their water damages my house due to incorrect and or improperly controlled application rates,
are they liable???
Andrew
I know what their answer will be ....nope ....sorry ....
It's a bit like the ' footpath ' outside your house ...they own it ( council ..local Govt' ) ...but you gotta mow it .....and then try asking them for payment because you look after their property. ..... answer ....nope ....sorry ...
I wonder what would happen .... if everybody stopped mowing the footpaths outside their houses.
Sorry ...I've gone a bit off topic here ...but it's an illustration to Andrew's query.
