Assessing effective deterrence of theft in transboundary water systems

Loch, Adam, Croft, M, Adamson, David and Giancaspro, M (2024) Assessing effective deterrence of theft in transboundary water systems. Nature Water. ISSN 2731-6084

Text NATWATER-23-0974 R2 08.02.24 Tracked version.docx - Accepted Version Download (1MB)

Abstract

Analysis of water theft remains challenging given poor data and limited cases, restricting assessments to higher levels where attempted. However, high level research within key transboundary contexts can offer evidence for improved theft deterrence and critical legislative change requirements, along with institutional insights for other jurisdictions. For example, Federal water regulators of Australia’s Murray–Darling Basin (MDB), which is a significant transboundary water system, 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. This paper explores the complex legal processes for penalty setting in water theft cases that may drive ineffective compliance when the value of legal harm is procedurally downgraded under the legitimate consideration of mitigating factors. We aim to identify applied certainty and severity deterrence principles for reducing environmental and economic harm, as well as how to incorporate alternate water values in penalty setting to inform a future framework to analyse MDB legislative consistency and institutional transparency with lessons for other countries

Item Type:	Article
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Keywords:	water theft, Murray–Darling Basin, legal review, detection, deterrence, penalties
Divisions:	Agriculture, Science and Practice
Depositing User:	Dr David Adamson
Date Deposited:	19 Apr 2024 08:16
Last Modified:	16 Oct 2024 04:30
URI:	https://rau.repository.guildhe.ac.uk/id/eprint/16744

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