Theory to practice: Adaptive management of the groundwater impacts of Australian mining projects

Adaptive management is an approach to natural resource management that has gained increasing traction in Australia. Despite its appearance in a growing number of natural resource policies and regulatory instruments there remains little consideration of what adaptive management really means, how it is faring in practice and what legal mechanisms are required for its effective implementation. This article examines adaptive management in the context of groundwater impact management at Australian mines. The article first constructs a theoretical model for the practice of adaptive management and uses the United States experience to identify some primary legal obstacles to its effective implementation. The practice of adaptive groundwater management at two Australian mining projects is assessed. Each case study is evaluated against the identified primary legal obstacles with a view to assessing whether similar difficulties are being experienced in Australia. Finally, the article recommends a legal framework for the improved implementation of adaptive groundwater management at Australian mining projects that will address the legal obstacles currently being faced.