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Professor Jennifer McKay 

Position: Professor of Business Law Professor Jennifer McKay
Division/Portfolio: University of South Australia Business School
School/Unit: School of Law
Campus: City West Campus
Office: LB1-06
Telephone: +61 8 830 20887
Fax: +61 8 830 27128
Email: Jennifer_dot_McKay_at_unisa_dot_edu_dot_au
URL for Business Card: http://people.unisa.edu.au/Jennifer.McKay
(Jennifer McKay is currently on leave - last day on leave is Friday, 25 July 2014)


Other Contacts

  


Hello and welcome to my homepage

I am a Professor of Business Law in the School of Business and Director: Centre for Comparative Water Policies and Laws (CCWPL). The centre is a supported-university research centre and it is recognised as one of Australia's leading research centres, and the only Australian establishment engaged in comparative water law and policy research. I am a proud member of the IUCN Academy of environmental Law http://iucnael.org/component/contact/88-scholars/index.php I have been an ARC grant assessor for several years and contnue in this role

My research interests concern water law reform and in particular regulatory models for the management and allocation of water between competing uses and between competing jurisdictions and drafting laws and institutional protocols to deliver ecologically sustainable development. At CCWPL we are growing our research through projects with the National Centre of Excellence in Groundwater Research & Training (NCGRT), National Centre of Excellence in Desalination AUstralia (NCEDA)and Goyder Institute for Water Research. All our work concerns governance of water and the achievement of sustainable development.

I have been fortunate to be recognised for this work internationally with a Fulbright Senior Fellowship in 2008/9 at the University of California Berkeley (UCB) and locally through different awards from the Australian Water Association (AWA). Most recently I was given a Certificate of Appreciation from the AWA for chairing the Water Policy and Regulation Special Interest Group and for designing a workshop at the AWA Ozwater12 Conference held in Sydney.

I have been also recognised as a Supported Researcher locally at UniSA for the last 20 years( since the inception of the award). In 2008 and 2011 I was awarded the Research Excellence Award for Established Researcher .

Through many years of research and partnerships in projects with the new CRC Irrigation Futures, ACIAR,ARC, Land and Water Australia and Rural Industries Research and Development Council, I have crystallised a comparative law framework for analysing the legal institutional aspects of Natural Resources Management in Australia and India, see Framework on Centre for Comparative Water policies and Laws web site .

Five tools have been generated

Five tools have been generated:

  • Typology of Corporate Governance structures for water supply based on evaluation of 200 businesses in Australia;
  • Legal coherence method for analysis of multiple Natural Resources Management Acts and rights and obligations;
  • Legal Consistency method between strict and fuzzy laws;
  • Legal institutional governance assessment method and
  • Survey instrument to assess customer responses to existing and proposed models of Legal Institutional arrangements and other factors such as trust in the regulatory environment. These plus classic independent variables enable attitudes to be examined and created a survey instrument for key actors CEO'S as to barriers from the institutional arrangements and other factors inhibiting ESD achievements.

    Selected Awards and Scholarships

  • University of South Australia (UniSA), 2011, Division of Business Awards, 6 May 2011
  • Research Excellence Award for Established Researcher
  • Fulbright Senior Fellowship, 2008-09 Berkeley.
  • UniSA Division of Business Award for Research Excellence, 2008-09.
  • Women’s Honour Roll, for service to water management in South Australia 2008
  • International Centre for Water Resources Management (IceWarm) Ambassador, 2007+
  • UniSA Supervisor of the Year Award Finalist, 2005
  • Honorary Citizen of Texas for services to Water Management, 2003
  • Australian Water Resources Association award for Definition of Water Law Words, 2000
  • UniSA Supported Researcher 1995+ Every year

    Current Projects

  • Groundwater Policy and Governance Issues - National Centre of Excellence for Groundwater Research and Training (NCGRT): I am one of twenty Principal Investigators (PI) in this project. "This has been by far the most significant development in groundwater research and training in Australia’s history. We are looking at massive national and international capacity building, training and research on an unprecedented scale. The NCGRT is an outstanding opportunity for students and researchers from Australia and other countries around the world who work in many disciplines, not just those already involved in groundwater." Professor Craig Simmons Director National Centre for Groundwater Research and Training The National Centre for Groundwater Research and Training opened with: $55M in cash funding to recruit personnel and build lasting research infrastructure a collaboration between twelve universities and eight industry and government organisations thirty four of the top groundwater researchers in the nation collaborating on its research programs research programs in South Australia, New South Wales, Queensland, Victoria, Western Australia, and the Australian Capital Territory distinguished national and international scientists and research leaders providing guidance to the Centre through its advisory committees . There has never been a better time to engage with the task of understanding Australia’s hidden water resource, and about how to preserve and manage it for generations to come.

  • Optimal water supply sources for resilient urban and remote communities; a review of current Australian and international governance arrangements and suggestions for law reforms to promote resilience in Australian arrangements - National Centre of Excellence in Desalination Australia (NCEDA)

  • Optimal Water Resource Mix for Metropolitan Adelaide in collaboration with the Commonwealth Scientific and Industrial Research Organisation (CSIRO), University of Adelaide and Flinders University - Goyder Institute for Water Research

    Past Projects

  • Social, Cultural, Institutional and Policy Frameworks [CRC Irrigation Futures (CRCIF)-System Harmonisation program]: the objective was to understand and identify the most appropriate change management strategies, institutional, law and policy settings required to facilitate a more productive and sustainable irrigation region.

  • Groundwater Governance in Asia: Capacity Building through Action Research in the Indo-Gangetic (IGB) and Yellow River (YRB) Basins [International Water Management Institute (IWMI)]: the purpose was to address the deficiencies in human capacity for managing groundwater in the two large basins of the world - the Indus-Gangetic Basin and the Yellow River Basin.

  • An evaluation of the Corporate Governance arrangements of Australian Irrigation Water Providers [CRC Irrigation Futures(CRCIF)]: the goal was to produce a typology to classify the current corporate governance models in Australian Irrigation Water Providers (AIWP) and identify which models have best facilitated the adoption of the Ecologically Sustainable Development (ESD) requirements of the Council of Australian Governments (CoAG) and the National Water Initiative (NWl).

  • Improving Water Resource Management in India’s Agriculture: Search for Effective Institutional Arrangements and Policy Frameworks [Australian Centre for International Agricultural Research(ACIAR)]: the aim was to identify institutions and policies that will promote the efficient and sustainable management of water resources in India.

    Collection of Water Policy & Law Books at the Centre for Comparative Water Policies and Laws:

    I created, together with UniSA Library, a collection of Australian and International Water Policy and Water Law books and reports. These have been sourced by donations from present and former students. The Library has recently benchmarked the collection and stated that it is one of the best in the world and its books are borrowed by international and national researchers. Currently the collection has 182 single titles and here are some of the most borrowed ones:

  • Balancing water for humans and nature : the new approach in ecohydrology / Malin Falkenmark and Johan Rockstrom ; with contributions by H Savenije.London; Sterling, VA: Earthscan Publications, 2004.
  • Blue covenant: the global water crisis and the coming battle for the right to water / Maude Barlow. Toronto : McClelland & Stewart, c2007.
  • Blue revolution: integrated land and water resources management / by Ian R. Calder. 2nd ed. Sterling, VA : Earthscan, 2005.
  • Choosing environmental policy: comparing instruments and outcomes in the United States and Europe/ ed by W Harrington, R D. Morgenstern &T Sterner. Washington, DC: Resources for the Future, c2004.
  • Conflict prevention and resolution in water systems / edited by Aaron T. Wolf. Cheltenham, UK ; Northampton, MA, USA : E. Elgar Pub., c2002.
  • Draft rural land uses and water quality.Canberra: Agriculture and Resource Management Council of Australia & New Zealand; Australian and New Zealand Environment and Conservation Council, 1996.
  • Environmental principles: from political slogans to legal rules / Nicolas de Sadeleer.Oxford : Oxford University Press, 2005.
  • Fresh water : new perspectives on water in Australia / ed by E Potter et al. Carlton, Vic. : Melbourne University Press, 2007.
  • Governing water : contentious transnational politics and global institution building / Ken Conca. Cambridge, Mass. : MIT Press, 2006.
  • In search of sustainability / ed by J Goldie, B Douglas & B Furnass. Collingwood, Vic. : CSIRO Publishing, 2005.
  • Integrated river basin governance : learning from international experience / by B Hooper. Carbondale, Ill.IWA Publishing, 2005.
  • International water security : domestic threats and opportunities / ed by N I. Pachova, M Nakayama and L Jansky.Tokyo; New York: United Nations University Press, c2008.
  • Managing Australia's environment / editors: Stephen Dovers and Su Wild River. Annandale, N.S.W. : Federation Press, 2003.
  • Policy instruments for environmental & natural resource management.T Sterner. Washington,D.C.World Bank, UK: Resources for the Future; Stockholm: Swedish International Development Cooperation Agency
  • Rethinking water management : innovative approaches to contemporary issues / edited by Caroline M Figueres, Cecilia Tortajada and Johan Rockstrom. London ; Sterling, VA : Earthscan Publications, c2003.
  • Sustainable development law : principles, practices, and prospects / Marie-Claire Cordonier Segger and Ashfaq Khalfan. Oxford, UK ; New York : Oxford University Press, 2004.
  • Water in Australia : resources and management / David Ingle Smith. Melbourne : Oxford University Press, 1998.
  • When the rivers run dry : water, the defining crisis of the twenty-first century / Fred Pearce. Boston : Beacon Press, 2006.

    For more information about this collection please check CCWPL website.

    I am ion the editorial advisory Board of a number oexcellent jounrals for example the Australasian Journal of Environmental Management ISSN 1448-6563.


    Links to other sites



    Publications and Presentations by Professor Jennifer McKay


    Centre for Comparative Water Policies and Laws


    Australian Water Association


    International Water Resources Association


    International Water Association


    International Law Association


    International Water Law Association


    International Centre of Excellence in Water Reources Management (ICEWaRM)


    Rosenberg International Forum on Water Policy


    Irrigation Australia


    Dundee water conference proceedings


    Universities Partnership for Transboundary Waters


    Who owns Australians water elements of an effective regulatory model (abstract)


    Are Utility attitudes to the environment shaped by Corporate Governance/ Assessing the evidence from Australian Utility reports (abstract)


    SA policy on line early report on the CRC irrigation Futures study Corporate Governance structure of Australian water utilities.


    Teaching interests

    • Company Law especially directors

      Company Law especially directors' duties, corporate Governance especially in corporatised and privatised former public water authorities and corporate social responsibility.

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      Business ethics, corporate social responsibility, director's duties and corporate governance especially whistleblowers and their protection.

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      Water Resources Law and Policy, institutional arrangements and comparative international water law.

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      Corporations and Partnership Law.

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      Water Resources and Society (Postgraduate level).

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      Postgraduate Supervision and development of research policies in universities.


    I teach the following courses

    COML 1001Foundations of Business Law
    CIVE 5062Water Resources and Society
    COML 3003Sustainable Development Law


    Professional associations

  • International Water Association (IWA) : member of the Strategic Council & co-convenor of the Specialist Group in International Governance & Regulation.

  • International Law Association (ILA) : Australian delegate to the International Law Committee for Sustainable Development.

  • International Water Law Association (IWA): member and Asia-Pacific Coordinator.

  • Australian Water Association (AWA): member and convenor of the Water Management Law and Policy Specialist Network.

  • International Water Law Resources Association (IWRA) : member.

  • Law Society of South Australia : member.

  • Water Industry Alliance (WIA): member and contributor to the Cluster in Policies and Laws.


    Qualifications

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    Year Conferred Qualification Institution
    2009 Diploma in Human Rights & Humanitarian Law
    Program
    American University, Washington, DC
    1990 GDLP - Graduate Diploma in Legal Practice SAIT now University of South Australia
    1988 LLB
    Top Student in Subject Business Regulation
    University of Adelaide
    1978 BA (Hons) University of Melbourne
    1983 PhD
    Thesis Topic: Flood Plain Management Policies
    University of Melbourne
     

    Legal practice

    I worked for a major commercial law firm in Adelaide and their associated firm in Melbourne on trade practices and corporations law. I also did environmental audits for companies and trade practices compliance manuals

     


    Research interests

    • Corporate governance especially

      Corporate governance especially third party effects of corporatising government business enterprises such as the prospectus provisions, codes of conduct, directors duties and directors as whistleblowers

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      Comparative water resources laws and policies especially regimes to achieve sustainable water allocation policies.

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      Corporatisation and privatisation of water social, environmental and economic impacts.

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      International trade law especially the trade in food as trade in virtual water.

    • Qualitative research methods especially visual methods photovoice and new technique Photostory to enable policy makers to have an enhanced understanding of the impact of comlex regulation on private and business decision making with regard to adopting of sustainable practices.


    Research publications

    Books - sole author/ editor/ joint editor:

    Joint editor McKay, Keremane G and A Gray 2010 Picturing Fresh water Justice in Rural Australia CRC Irrigation Futures with reflection by Judge Christine Trenorden, Chris Oldfield, Kieran O'Keeffe Hon Justice Preston ISBN 978-00 9806855-8-9 PDF AND 978-0-9806855-9-5 book.

    Joint editor C Daniels Editor in chief 2010 Adelaide water of a city Wakefield press ( CO EDITOR with Argue J, Beecham S ,Clark R, Howard J, Jones D, Marks R, McKay J, Roetman P , and Smith K with Photographs by Hodgson John chapter 1 Introduction, chapter 12 Who is responsible for water management boxes on Natural resources management levy with Zhifang Wu, the four colours of water, sustinable development timeline,, ecologically sustainable development, defining a water course, the hidden water in food, farm dam policy Adeliade and Mt lofty ranges changing water consumption behaviuor with Zhifang Wu.

    Joint editor 2007 The global importance of groundwater in the 21st Century: Proceedings of the International Symposium on Groundwater Sustainability". Ohio, published in conjunction with SPANISH ACADEMY OF SCIENCES,IUCN,UNESCO, UniSA, USA: by NATIONAL GROUNDWATER ASSOCIATION OF USA: Chapter 1 Groundwater as the Cinderella of water laws policies and institutions in Australia'

    1995 McKay J M Legal Responsibilities of Local Government for flood plans and advice' in Australian Journal of Emergency Management Vol., 10 No 3, 39-42, 1995 ISSN 081-4024. Reported in Legal Research in Australia, Attorney General and Butterworths. 1995 McKay J M 'Is ethics a fuzzy area?' City Ethics, Issue 20, p.6 1995 ISSN 1036-9783 (Special Issue - Managing through values). C3 DEET.

    Joint editor 2007 Potter EC , Mackinnon A ,McKenzie S and JM McKay, Fresh water- new perspectives on water in Australia-is water a resource or the source? Melbourne University Press www.mup.com.au available 17th AUGUST 2007 Chapter 7 Water, rivers and ecologically sustainable development p 90 -104.0522854249

    2001 Independent review of the environmental outcomes of the COAG water reform. Jones Whittington, Mckay, Arlington, Lawrence,Cartwright and Cullen, Published by the CRC for Freshwater Ecology, university of Canberra

    McKay J M 1999-2000 Water title in Halsbury's Laws of Australia, Butterworths (hard copy and CD-ROM) This is 150,000 words long and includes these topics: Constitutional Basis, Water Agencies, Rights in Water, Powers and duties of water supply authorities and rural water allocation policies, drainage, water course management, floods and damage by water, dam safety recreation, and sewerage.

    1985 (With D T Healey and F G Jarrett),The Economies of Bushfires: the South Australian Experience, Oxford University Press, 154 pp. Refs.

    McKay J M 1984 'Community Participation in Volunteer Fire Fighting in the Adelaide Hills' (p.74-88) and 'Community Adoption of Bushfire Mitigation Measures' (p.116-131) in The Economics of Bushfires: the South Australian Experience, (with D T Healey and F G Jarrett), Oxford University Press, 154 pp. Refs. on APAIS data base.

    McKay J M 1984 'Community responses to flood hazard' Australian Water Resources Council Technical Memo no. 129, , Canberra (119 pp., 18 tables, 11 figs, 121 refs).

    McKay J M 1985'The role of regional authorities in floodplain management in Australia' in 'The Role of Regional Institutions in Metropolitan Flood Plain Management', edited by Prof. R Platt, National Science Foundation (USA) Working Paper No. 2, Land and Water Policy Centre, University of Massachusetts, USA 25 pp.

    Book Chapters:

    McKay, J 2012 The Theory and Practice of Australian Institutional Reforms to Incorporate Water Markets in Integrated Water Resources Management chapter in edited book Josefina Maestu Water Trading and Global Water scarcity international experiences. Resources for the future Washington DC

    McKay J 2011 “Water markets and trading”, chapter published in the book Securing Australia’s Water Future, by Chris Davis and Bob Swinton. Focus Publishing, ISBN 978-1-92115662-5.

    2008 McKay The Legal frameworks of Australian Water; Progression from Common Law Rights to Sustainable shares. in Crase ed Water Policy in Australia- The Impact of change and uncertainty , Resources for the Future series Washington DC. P 44-61 isbn9781933115.

    2007 McKay, Jennifer and H. Diwakara, Groundwater Irrigation in Northern Gujarat: Conflicts between Appropriators in Mehsana.¨ Forum for Policy Dialogue on Water Conflicts in India. World Wide Fund for Nature, International Publication A Million Revolts in the Making",K. J. Joy, Biksham Gujja, Suhas Paranjape, Vinod Goud and Shruti Vispute(Ed.): Routledge; London, New York, New Delhi. ISBN 0415424119

    2003 Marketisation in Australian Freshwater and Fisheries Management Regimes in Dovers and Wild River ed Managing Australia's Environment, Federation Press chapter 15 pp 363-390

    A Proposal for an international Virtual water trading Council: building institutional frameworks at international level to reduce poverty in Water Development and Poverty Reduction, edited by Olcay Unver, Rajiv K Gupta and Avesgul Kibaroglu, published by Kluwer chapter 6 pp111-125.

    Articles in Refereed Journals (2005 to date): Xu,C,McKay J and G Keremane 2013 Forestry Water policy in South Australia, Water vol40 no 4 p 104ff

    Keremane G and J McKay 2012 Picturing sustainable water Resources Management: photoconversations with Irrigators and Policy makers in The International Journal of Environmental,cultural economic and social sustainability, vol7 no 6 145-156

    Wu Zhifang, McKay J and G .Keremane 2012 Issues affecting Community Attituudes and Intended Behaviours in stormwater reuse: a case study of Salisbury, South Australia, in Water, vol 4 835-847 issn 2073- 4441

    Keremane, G, McKay, J & Wu Z 2012,’Sustainable Water Planning in Australia: A survey of attitudes of our sustainability water policy entrepreneurs’, Water, Journal of the Australian Water Association, vol 39, no. 5, pp 62-65.

    Wu, Z, McKay, J & Keremane G,‘Governance of Urban Freshwater: Some views of three urban communities in Australia’ on Water--- the AWA official journal, volume 39, issue 1, pp.88-92.

    McKay J. M (2011), “Australian water allocation plans and the sustainability objective-conflicts and conflict-resolution measures", Hydrological Sciences Journal. 04 July 2011, 56:4, 615-629.

    Keremane G. McKay J. (2011), “Using Photostory to capture irrigators’ emotions about Water Policy and Sustainable Development objectives: A case study in rural Australia’, Action Research Journal. 20 July 2011,Vol 9. No4, 405-425 Dec 2011 DOI :10.1177/1476750311409598.

    Keremane G, McKay J, Wu Z. (2011), ‘No Stormwater in my tea cup: An Internet Survey of Residents in three major Australian cities. Water-Journal of the Australian Water Association, vol 38 No. 2, April 2011, pp. 118-124. 2011

    Roles of levies for Sustainable Domestice water consumption Water Resources Management DOI 10.1007/s11269-010-9734-5 Wu,Zhifang, Mckay J and E Hemphill Springer Roles of Levies for Sustainable Domestic Water Consumption in the following Water Resources Management: Volume 25, Issue 3 Page 929ff.

    2010 Management or recycled water for sustainable production and environmental protection- A case study with Northern adelaide Plains recycling scheme Laurenson S, Kunhihkrishan A, Bolan N, NAIDU R Mckay J andG Keremane,Internaitonal Journal of Environmental Sciecne and Development vol1, no.2

    2010 Trust Between Users and the Sustainable Management of Natural Resources: The Contribution of Professor Elinor Ostrom in the Special issue of Transnational Corporations Review (TNCR) June 2010 celebrating Professor Elinor (Lin) Ostrom’s Nobel Memorial Prize in Economic Sciences. vol 2 no 2 p 76 -79 ISSN 1918-6444 2010

    America's Fascination with Australia's National Water Initiative Water Vol 37 p 48-51.

    2009 The Permanent Court of Arbitration and the Sudanese Peace Process:Legal Issues from the Abeyi Arbitration in reviewing the Mandate of an Ad hoc Body Australian International Law Review, vol 16, p 232 -239.

    2008 Insubstantial Tenuous and Vague Laws - The Achievement of Ecologically Sustainable Development by Water Supply Business CEO’s ,Australian Business Law Review Vol 36 no. 6 December.( RATED A* by Australian Business Deans Council).

    Pierce J and J McKay 2008 Our community capitals as we see them throught photovoice: cowell oyster industry in South Australia, Australian Journal of environmental management, vol 15, p 159-168

    2008 Establishing components of community satisfaction with recycled water use through a structural equation model Anna Hurlimanna,, Elizabeth Hemphillb, Jennifer McKayc, Gus Geursen Journal of Environmental Management 88 (2008) 1221–1232

    2008 Asian experts Share SA'S Groundwater expertise Water Vol 35 no 2 march p 125-127 Z Wu, JMcKAY and E Hemphill 2008 Attitudes to the Natural resources management levy in Adelaide Water Vol 35, no 2 March p 154-158

    INSTITUTIONAL ASPECTS OF GROUNDWATER GOVERNANCE: EXPERIENCES FROM SOUTH AUSTRALIA AND LESSONS FOR INDIA by Falendra K. Sudan and Jennifer McKay International Journal of Environment and Development, Vol. 4, No.1, Serials Publications, New Delhi, India. 2. INSTITUTIONAL AND LEGAL GROUNDWATER MANAGEMENT FRAMEWORK: LESSONS LEARNT FROM SOUTH AUSTRALIA FOR PAKISTAN by Bakhshal Lashari, Jennifer McKay and Karen Villholth International Journal of Environment and Development, Vol. 4, No.1, Serials Publications, New Delhi, India. 3. Development of an integrated Capacity Building Framework for building Spatial Data Infrastructure for Integrated Groundwater Governance and Management in India - Lessons from Australia by D. Dutta and Jennifer McKay International Journal of Environment and Development, Vol. 4, No.1, Serials Publications, New Delhi, India.

    2007 Keremane G and JM McKay Water Transitions and urban waste water reuse in Australia; lesson for developing countries. International Journal of Environment and Development, Vol. 4 NO 2 P 249-266

    Hurlimann, Hemphill McKay and Geursen 2007 Establishing Components of Cummunity Satisfaction with recycled water use through strucutrual equations modelling, Journal of Environmental management

    Keremane G and JM McKay 2007 A successful waste water recycling scheme and sustainable development- a case study in Adelaide Water and Environment Journal (2007), 21(2):83-91

    Pisaniello, JD & McKay J, 2007 A tool to aid emergency managers and communities in appraising private dam safety and policy Disaters the jounral of Disater studies, Policy and preactice vol 31, no.2 june pp176-200

    McKay JM(2007) ‘ Water Governance regimes in Australia: Implementing the National Water Initiative’, Water .Vol 34(1), pp150-156

    Hurlimann, A and McKay, J (2007) Urban Australians Using Recycled Water for Domestic Use: An Evaluation of the Attributes of Price, Saltiness, Colour and Odour Using Conjoint Analysis¡¦ Journal of Environmental Management, 83 (1) 93-104

    2007 McKay JM "The quest for environmentally sustainable water use: constitutional issues for Federal, State and local Governments", Reform, Journal of the Australian Law Reform Commission

    2006 McKay JM "Issues for Ceo's of Australian water utilities with the implementation of the integration and ESD requirements in Australian water laws." Paper commissioned by Journal of Contemporary Water Research and Education. ISSN 1936-7031 vol 135, 120 -132

    2006 Pisaniello, Zhifang and Mckay Small dams safety issues - engineering/policy models and community responses from Australia Water Policy, vol 8 no 1 pp81-95

    Pisaniello, J.D. and McKay, J. M. 2006 ‘The Need for Private Dam Safety Assurance: a follow-up ‘model’ policy from Tasmania’, The Australian Journal of Emergency Management, Vol 21, No 2, pp.45-51.

    2006 Keremane and McKay 'Successful waste water reuse scheme and sustainable development ; a case study in Adelaide, Water and Environment Journal ISSN 1747-6568

    2006 Pisaniello J and McKay JM " the need for private dam safety:a follow up 'model' policy from Tasmania' The Australian Journal of Emergency Management, vol 21. no 2 45-52.

    2006 Keremane G McKay JM and A Narayanamoorthy " The decline of innovative local self governance institutions for water Management: The case of Pani Panchayats' International Journal of Rural Management vol 29(1) Sage publications

    2006 Keremane G and McKay 2006 "The role of community and partnership: The Virginia Pipeline scheme" Water, Vol33, no 7,pp50.58, ISSN 0310-0367

    2006 Keremane G and McKay 2006 ' Self created rules and conflict Management Processes; The case of Water users' Associations on Waghad Canal in Maharashtra, India', Water Resources Development, VOL 22. NO 4, 543-559. Routledge,UK

    2006 Gray and Mckay (2006) Are utility attitudes to the environment shaped by corporate governance? Assessing the evidence from Australian utility reports Water Utility Management International vol1 no1 p 8-11 http://www.iwaponline.com/wumi/00101/1/default.htm

    2006 Mckay Halaniak and Barnett (2006) 'Cost Sharing Scheme in South East South Australia ',Water , vol 33, no 3,71-74 2006 Hurlimann AC and JM McKay What attributes of recycled water make it fit for residential purposes? The Mawson Lakes experience Desalination Elsevier VOL 187, 167-177.

    2006 McKay JM and G Keremane Farmers perception of self created water management rules in a pioneer scheme; The Mula Irrigation scheme India, Irrigation and Drainage systems, Springer Verlag, 20, 1324-1540

    2005 Hurlimann A, and McKay J (2005) ¡¥Contingent Valuation by the Community of Indirect Benefits of Using Recycled Water ¡V An Australian Case Study¡¦ Water Science and Technology: Water Supply, 5 (3-4) 95-103.

    2005 McKay JM Water institutional reform in Australia, Water policy, vol 7 no 2, pp35-5 2005 Pisaniello J and J McKay Australian Community Responses to upgraded Farm Dam Laws and cost effective spillway modelling, Water Rsources development, vol 21, no. 2, 325-340, June

    Chapters in books and monographs (2005 to date):

    McKay J 2012 The Theory and practice of Australian institutional reforms to incorporate water markets in integrated water resources management, in Maestru J ed Water Trading and Global Water scarcity- international experiences Resources for the Future Press, Routledge, McKay J 2011 “Evidentiary Issues with the Implementation of the Sustainability Duty of Care in the Basin Plan”, chapter published in the book Basin Futures: Water reform in the Murray-Darling Basin, by Daniel Connell and R.Quentin Grafton. ANu E Press ISBN 9781921862250. McKay J 2011 “Water, Environment, Energy and Resources, chapter published in the Concise Legal Dictionary, by Lexis Nexis Butterworths, legal publishers Mckay JM 2010 Some Australian examples of the integration of environmental, economic and social considerations into decision making – the jurisprudence of facts and context in French D (ed) Global Justice and sustainable development Brill Netherlands, P 327-431 Brill Martinus Nijhoff Publishers .Book 7 in the Legal aspects of sustainable development series General editor David Freestone. Hughes and McKay 2010 The cntribution of actors to achieving sustainability in Australia through water policy transtions Page 175-194 "Huitema, D. and S. Meijerink (eds.).2010 Water policy entrepreneurs. A research companion to water transitions around the globe, Cheltenham, UK: Edward Elgar, and IWA". Hugh Turral, Daniel Connell, Jennifer McKay 2009 Much ado about the Murray: the Drama of Restructuring water use ch12 p 263-289 in CABI book River Basins: Trajectories, Societies, Environments and Development ed Molle and Wester ISBN 13 978 84593 538 2. McKay and Marsden 2009 Australia: The Problem of Sustainability in Water in J.W. Dellapenna and J. Gupta (eds.), The Evolution of the Law and Politics of Water, 177 Springer Science + Business Media B.V. 2009, p 175- 188 2009 Embid A ed 2009 Australia chapter in ?Water management and political Decentralisation? (Thomson Aranzadi). This book was the outcome of a joint effort by Manuel Gimenez Abad Foundation, the Forum of Federations( Canada) and the Water Tribune Zaragossa( in Spanish with 15 other countries represented in the book). 2002 Encountering the South Australian landscape: Early European Misconceptions and our present water problems Hawke Institute Working paper series paper 21. www.hawkecentre.unisa.edu.au/institute.

    Refereed Conference papers (2003 to date):

    McKay J (2010), ‘ Sustainable Development of Inter-State Aquifers in Australia: the Legal and Institutional Tools’, Transboundary Aquifers – Challenges and New Directions, UNESCO-IHP, ISARM 2010 International Conference, December 2010, UNESCO HQ Paris. P116. McKay, J, (2007), 'Groundwater as the Cinderella of Water Laws, Policies, and Institutions in Australia', The Global Importance of Groundwater in the 21st Century: Proceedings of the International Symposium on Groundwater Sustainability, National Groundwater Association NGWA, pp.317-331, Spain, International Symposium on Groundwater Sustainability 2007, IUCN-UNESCO(Ger Bergkamp & Jennifer McKay eds.), 2007. Keremane, G & McKay, J, (2007), 'Critical Success Factors for Private Sector Participation: Reflections from Willunga water reuse scheme, Adelaide', Proceedings of the 3rd Australian Water Association: Water Reuse and Recycling (REUSE07), UNSW Publishing and Printing Services, pp.252-261, Sydney, Australia, 3rd Australian Water Association: Water Reuse and Recycling, (S.J. Khan, R.M. Stuetz & J.M. Anderson Eds), 2007 McKay, Hurlimann and Pisaniello (2006) ‘Do Australian Water Institutional governance regimes respond to rural and urban customer preferences?’, IWA World Water Congress Hurlimann, A C & McKay, J, (2005), 'What attributes of recycled water make it fit for residential purposes? The Mawson Lakes experiment', Proceedings of the International Conference on Integrated Concepts in Water Recycling 2005, pp.307-319, Wollongong, NSW, Australia, (S.J. Khan, M.H. Muston, A.I Schafer Eds), 2005 Hurlimann, A C & McKay, J, (2005), 'Exploring the impact of attributes of recycled water for consumers', Ozwater: Watershed: the Turning point for Water: CD-ROM of Proceedings, pp.1-8, Brisbane, Queensland, Australia, (Steve Posselt (Chair) Ed.), 2005 2003 WORLD WATER CONGRESS IN Madrid Anna Hurliman and Jennifer McKay, "Community attitudes to water recycling in Australia" Diwakara Halanaik, Jennifer McKay and Steve Barnett, "Cost sharing as a tool in a sustainable groundwater management policies - some international experiences" Jennifer McKay and Diwakara Halanaik, "New directions and national leadership in developing water policies in federations - India and Australia"

    Reports Government and Funding bodies:

    2003 Estimatiing the willingness to pay for supply of water for irrigation in Mt Larcom Queensland with Diwakara Halanaik,ISBN 0 86803 9918. 2003 Agriculture Forestry Fisheries Australia Commissioned Report Defining the meaning of Property rights to water(59 ) pages ISBN 086 803 973x

    1996 McKay J M A review of Australia's Emergency Management Laws, and suggestions for reform. Report to the Department of Defence, Emergency Management Australia, Department of Defence Canberra. 36 p, 4 Tables, 45 Refs, 1996.

    1995 Smith D I, Handmer J W, McKay J M, Switzer M A D and Williams B, Non Structural Measures for Flood Mitigation - Current adoption in Urban areas. Report to National Landcare Program and Department of Primary Industries (Canberra). Published by The Centre for Resources and Environmental Studies, Volume 1 188 p Volume 2 Appendices 79, 26 Tables, 9 Figs, 41 refs. ISBN 0 86740 444 2. A2 DEET, (1995).

    Reference Works:

    In 2003 Definition of over 100 words and again in 2011 definitions of 191 words in the categores of water , environment, natural resources management words for Butterworths New Concise Australian Legal Dictionary an the Dictionary of Law and Business

    Other written works of significance:

    2011)- Forthcoming- Dineva S., McKay J., ‘Water resources management in the conditions of global climate change: set-up, trends and challenges’, International Water Association Scientific Report 2011. 2007 Water firms in over their headsm The Australian Thursday March 8 th p 4 2006 NWI Goals prove a tall order: only one third of water supply CEO'S able to meet targets, in The Water Report vol 33/ 3 ISSN 1038-8508, 6 NOVEMBER 2006 EWN Publishing PO BOX 148 Balmain


    Expertise for Media Contact

    I am able to provide media comment in the following areas of expertise:

    Discipline: Business Law

    • Consumer Protection Law.
    • Directors Duties in Companies
    • Prospectuses of Public Companies
    • Water Resource Management
    • Whistleblowers
    • Business
    • Business Law
    • Emergency Management

    Community Service

    Organisation Name:   Part Time Commissioner Natural Resources
    Section:   Environment ,Resources and Development Court
    Type of Organisation:   Government Board or committee
    Organisation URL:   http://www.courts.sa.gov.au/courts/environment/about_the_court.html
    Level of involvement:   Commissioner
    Year from:   1995
    Year to:   2014
    Comments:   Conducts mediations and hears matters where there is a dispute between growers and the Minister over the allocation and use natural resources especially water. Previously a Water Resources Commissioner.

    Organisation Name:   Australian Research Council
    Section:   Expert Working Group for Strategic Research Priorities
    Type of Organisation:   Government Board or committee
    Organisation URL:   http://www.arc.gov.au/
    Level of involvement:    Consultant / advisor / Committee Member
    Year from:   2013
    Year to:   2013
    Comments:   Managing our Food and Water Assets, invitation by Chief Scientist Ian Chubb.

    Organisation Name:   Australian Research Council
    Type of Organisation:   Government Board or committee
    Organisation URL:   http://www.arc.gov.au/
    Level of involvement:   Assessor
    Year from:   2012
    Year to:   2013
    Comments:   Reviewing proposals for assessments for ARC Schemes

    Organisation Name:   The Organisation for Economic Cooperation & Development (OECD)
    Section:   Water Governance Program
    Type of Organisation:   Professional organisation
    Organisation URL:   http://www.oecd.org/
    Level of involvement:    Committee member; Conference Organising Committee
    Year from:   2012
    Year to:   2013
    Comments:   Member of the OECD Initiative in Water Governance: disseminating the knowledge and hosting international events in Australia.

    Organisation Name:   United Nations Educational, Scientific and Cultural Organisation (UNESCO)
    Section:   Groundwater Governance in Asia & Pacific
    Type of Organisation:   Professional organisation
    Organisation URL:   http://www.unescobej.org/natural-sciences/resources/news-and-upcoming-events/2012/groundwater-governance-regional-consultation-for-asia-and-pacific/
    Level of involvement:    Consultant / collaborator
    Year from:   2012
    Year to:   2013
    Comments:   Regional Consulation - personal contribution in China December 2012.

    Organisation Name:   International Union for Conservation of Naturea (IUCN)
    Section:   
    Type of Organisation:   Professional organisation
    Organisation URL:   http://www.iucnael.org
    Level of involvement:   MEMBER
    Year from:   2010
    Year to:   2013

    Organisation Name:   The Universities Partnership for TRansboundary Waters (UTPW)
    Type of Organisation:   Professional organisation
    Organisation URL:   http://waterpartners.geo.orst.edu/
    Level of involvement:    Committee member
    Year from:   2012
    Year to:   2013
    Comments:   Partner member to address the needs of the global water community: participation in committees and other networking events with other partners from the US and UNESCO.

    Organisation Name:   Attorney General Dept Canberra
    Section:   Emergency Management Australia
    Type of Organisation:   Government Board or committee
    Organisation URL:   http://Australian Journal of Emergency Management
    Level of involvement:   Editorial advisory Board
    Year from:   2002
    Year to:   2013
    Comments:   Professor Mckay is part of team from every State advising the Editors about current issues in Emergency Management to aid the development of sustainable resilient communities in Australia in the events of severe weather events.Professor McKay attended the first National Editorial Advisory Committee meeting of the Australian Journal of Emergency Management last week in Mt Macedon, Victoria. The Journal has recently been restructured to provide for the Advisory Committee as well as Editorial committees. The Journal is produced by Emergency Management Australia which is part of the Commonwealth Attorney General Department, Canberra, and aims to build capacity in the emergency management industry. It provides access to information and knowledge on the development of safer sustainable communities in Australia. The meeting produced a set of outcomes which will focus the direction of the Journal and EMA into issues concerned with terrorism, water quality and governance structures to enhance emergency preparedness and response.

    Organisation Name:   Australasian Journal of Environmental Management
    Type of Organisation:   Professional organisation
    Organisation URL:   http://www.eianz.org/publications/cid/1/parent/0/pid/1/t/publications/title/australasian-journal-of-environmental-management
    Level of involvement:   Expert Reviewer
    Year from:   2012
    Year to:   2013

    Organisation Name:   Law & Society Review Hawaii
    Type of Organisation:   Professional organisation
    Organisation URL:   http://www.lawandsociety.org/review/mansubm.htm
    Level of involvement:   Expert Reviewer
    Year from:   2012
    Year to:   2013

    Organisation Name:   Journal of Environmental Planning & Management UK
    Type of Organisation:   Professional organisation
    Organisation URL:   http://www.tandfonline.com/loi/cjep20
    Level of involvement:   Referee
    Year from:   2012
    Year to:   2013

    Organisation Name:   Disasters Journal UK
    Type of Organisation:   Professional organisation
    Organisation URL:   http://au.wiley.com/WileyCDA/WileyTitle/productCd-DISA.html
    Level of involvement:   Expert Reviewer
    Year from:   2012
    Year to:   2013

    Organisation Name:   University of South Australia
    Section:   Excellence in Research for Australia -Internal Reference Group (IRG) Cluster 5: Economics & Commerce
    Type of Organisation:   Professional organisation
    Level of involvement:   Member
    Year from:   2012
    Year to:   2013
    Comments:   Also member of the working group on research publications from 2009.

    Organisation Name:   Singapore Management University
    Section:   School of Law
    Type of Organisation:   Professional organisation
    Organisation URL:   http://law.smu.edu.sg/
    Level of involvement:   Appointment Reviewer
    Year from:   2012
    Year to:   2012

    Organisation Name:   Australian International Law Journal
    Type of Organisation:   Professional organisation
    Organisation URL:   http://www.ila.org.au/publications_journal.htm
    Level of involvement:   Referee
    Year from:   2009
    Year to:   2013

    Organisation Name:   Journal of Environmental Management US
    Type of Organisation:   Professional organisation
    Organisation URL:   http://www.journals.elsevier.com/journal-of-environmental-management/
    Level of involvement:   Referee
    Year from:   2008
    Year to:   2013

    Organisation Name:   Sustainability: Science, Practice & Policy Journal
    Organisation URL:   http://sspp.proquest.com/
    Level of involvement:   Referee
    Year from:   2008
    Year to:   2013

    Organisation Name:   Australia Water Association
    Section:   Water Journal
    Type of Organisation:   Professional organisation
    Organisation URL:   http://www.awa.asn.au/Water_Journal_Archives.aspx
    Level of involvement:   Referee
    Year from:   2008
    Year to:   2013

    Organisation Name:   Australian Research Council
    Section:   National Research Plan 2012 - Consultation Process
    Type of Organisation:   Government Board or committee
    Organisation URL:   http://www.arc.gov.au/
    Level of involvement:   Consultant
    Year from:   2012
    Year to:   2012
    Comments:   Managing our water and food - Canberra

    Organisation Name:   Natural Resources Council of South Australia
    Section:   peak body to achieve Environmentally sustainable development
    Type of Organisation:   Government Board or committee
    Organisation URL:   http://www.nrm.sa.gov.au/nrm/arrangements/council.html
    Level of involvement:   Advisory Board member
    Year from:   2006
    Year to:   2008
    Comments:   The NRM Act 2004 establishes the Natural Resources Management Council as the statewide peak body for natural resources management. The first skills based Council was appointed in April 2005 based on the range of knowledge, skills and practical experience identified in the Act. Prof McKay has been appointed in July 2006 as a person with expertise in Water resources management and business administration. The State NRM Plan 2006 prepared by the NRM Council has been adopted by the Minister.

    Organisation Name:   Department of Technical and Further Education
    Type of Organisation:   Professional organisation
    Level of involvement:   Course Advisory Panel (CAP) member for Graduate di
    Year from:   2004
    Year to:   2005

    Organisation Name:   Prime Ministers Science, Engineering and Innovation Council working party
    Section:   Working party on recycling water ofr our cities
    Type of Organisation:   Government Board or committee
    Organisation URL:   http://www.dest.gov.au/NR/rdonlyres/3B3A1ABD-C285-44DE-89CA-EDB19306AB2E/1998/Recyclingwaterforourcities.ppt
    Level of involvement:   Committee member
    Year from:   2003
    Year to:   2003
    Comments:   Professor McKay has been appointed to the Prime Minister's Science, Engineering and Innovation Council working party on recycling water for our cities. This is due to report to Federal Parliament on 28 November 2003.


    Research Degree Supervisor

    I have supervised or co-supervised 11 PhD students. The most recent student, Ms Rim El-Kadi had the distinction of having two grades at one level. This mean no changes to the thesis. Her thesis was titled: Balancing and crossing trust bridges to sustainability: the case of the water sector refrom in Lebanon with Dr Ganesh Keremane as the other co supervisor,

    All theses have concerned with Water Resources Management and Governance issues in relation to Australia and international jurisdictions such as India and China. Suggestions arising from these theses have been incorporated in law reform proposals by many States and the Federal Government and have been extended to international jurisdictions through bilateral research projects in India and China.
    The framework for most of the research is outlined on the Centre for Comparative Water policies and Laws website and includes an unique model of legal institutional analysis and a method to examine Acts of Parliament for their legal coherence and consistency. This is called Legal Coherence and Legal Consistency Analysis and these terms have been trademarked.


    Current Projects:

    corporate governance in the desalination industry in Australia
      The project will establish the ownership of the major and non majot desalination plamts in Australia
    forestry as a water affecting activity
      The water plan and its implementation
    Judicial interpretation of sustinable development laws
      Fulbright senior fellowship work at Berkeley to interview judges on this concept
    ownership of produced water
      ownership issues in stormwater
    Development of Qualitative research technique Photostory
     Long term aspect of three funded research projects and Fulbright work at Berkeley to refine a ew technique called Photostory




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