Legal Liability Arising from Managed Aquifer Recharge Projects in Western Australia

Managed aquifer recharge (MAR) projects can have many social, economic and environmental benefits, including improving water security and supporting groundwater dependant ecosystems. However, MAR projects also have the potential to cause harm or damage, including to groundwater within the aquifer; the surrounding environment; property; human health; and the social, economic and cultural interests of third parties. This article examines some of the laws that impose liability where a MAR project causes damage and demonstrates some of the deficiencies with those laws. It argues that legislative reform is required to better balance the need to facilitate socially, economically and environmentally beneficial MAR projects with the need to ensure that any harm or damage caused by such projects is rehabilitated or redressed.