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Professor Jennifer McKay – Publications and presentations

There are a number of downloadable documents in PDF on this page. You will require Adobe Acrobat to view these

Books

McKay, J. 1999. Halsbury's laws of Australia, Water section. North Ryde, NSW, Butterworths

McKay, J., Healey, D.T. and Jarrett, F.G. 1984, The economics of bushfires: the South Australian experience, Oxford, Oxford University Press [This entire book was reviewed positively in The International Journal of Environmental Studies (vol. 26, 1986) by Professor D. Pearce, The Macedon Digest, and used to this day by the Hazard Reduction and Recovery Center at Texas A&M University, which is a United Nations Center]

McKay, J. 1983. 'Community responses to flood hazard', Australian Water Resources Council Technical Memo, No. 129. Canberra, 1984. [Derived from my PhD work, publicly available and sent to every local government in Australia]

Book Chapters

McKay, J. 2003, 'Marketisation in Australian freshwater and fisheries management regimes', in Managing Australia's Environment, eds Stephen Dovers and Su Wild River, Annandale, NSW, The Federation Press

McKay, J. 2003, '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 I.H. Olcay άnver, Rajiv K. Gupta and Aysegόl Kibarogammalu, Dordrecht, Kluwer

Bjornlund, H. and McKay, H. 2003, 'Elements of an institutional framework for the management of water for poverty reduction in developing countries', in Water Development and Poverty Reduction, eds I.H. Olcay άnver, Rajiv K. Gupta and Aysegόl Kibarogammalu, Dordrecht, Kluwer

McKay, J. 2002, 'Legal issues in water resources planning regimes – lessons from Australia', in 'Water Policy Reform: Lessons from Asia and Australia', Proceedings of an International workshop held in Bangkok, Thailand, 8–9 June 2001, ACIAR Proceedings 106 [online], ed. D. Brennan, Canberra, ACIAR, pp. 48–61. Available at the ACIAR web site (PDF 2.2 Mb, 321 pp)

McKay, J. and Bjornlund, H. 2002, 'Recent Australian market mechanisms as a component of an environmental policy that can make choices between sustainability and social justice', in Property: Rights and Responsibilities, Current Australian Thinking, Land & Water Australia, A.C.T., pp. 137–148.

Pisaniello, J.D. and McKay, J.M. 2000, 'International best practice safety assurance policy and cost-effective spillway design/review for small dams – protecting downstream communities', in New Trends in Water and Environmental Engineering for Safety and Life: Eco-compatible Solutions for Aquatic Environments, Maione and Monti (eds), Rotterdam: Balkema, pp. 210–224

McKay, J. 2000. 'Legal issues in supply of reclaimed water', in Water recycling Australia, ed. P.J. Dillon, CSIRO & AWA, pp. 93–97

McKay, J. and Bjornlund, H. 1999, 'Do water markets promote a socially equitable re-allocation of water? – A case study of a rural water market in Victoria, Australia', in Water: Lessons of world development, Dordrecht, Kluwer

Bjornlund, H. and McKay, J. 1998, 'Overcoming introspective legacy of tradeable water entitlement policies in South Eastern Australia', in Conflict and cooperation on trans-boundary water resources, eds Richard E. Just and Sinaia Netanyahu, Boston: Kluwer Academic, pp. 315–332 (ISBN 0-7923-8106-8)

McKay, J. 1986, 'Some social impacts of the grand prix on residents closest to the circuit – noise and property damage', in The Adelaide Grand Prix: The impact of a special event, eds P.A. Burns, J.H. Hatch and T.J. Mules, Centre for South Australian Economic Studies, pp. 35–49

Refereed Journal Articles

Pisaniello, J. and McKay, J. 2005 (forthcoming), 'Australian community responses to upgraded farm dam laws and cost-effective spillway modelling', International Journal of Water Resources Development

Pisaniello, J. and McKay, J. 2005 (forthcoming), 'Small dams safety issues – engineering/policy models and community responses from Australia', Water Policy

Hurlimann, A. and McKay, J. 2004, 'Attitudes to reclaimed water for domestic use: part 2. Trust', Water Journal, vol. 31, no. 5, pp 40–45

Halanaik, D. and McKay, J. 2003, 'Groundwater conflicts: how WAMPS can help', Water Journal, vol. 30, no. 8, pp. 23–26

McKay, J. and Hurlimann, A. 2003, 'Attitudes to reclaimed water for domestic use: part 1. Age', Water Journal, vol. 30, no. 5, pp. 45–49

McKay, J. 2003, 'Who owns Australia’s water – elements of an effective regulatory model', Water Science and Technology, vol. 48, no. 7, pp. 165–172 View the abstract online

Pisaniello, J. and McKay, J. 2003, 'A farmer friendly dam safety evaluation procedure as a key part of modern Australian water laws', Water international, vol. 28, no. 1 pp. 90–102

Bhasin, B. and McKay, J.M. 2002, 'Mining law and policy in Indonesia: reforms of the contract of work model to promote foreign direct investment and sustainability', Australian Mining and Petroleum Law Journal, vol. 21, no. 1, pp. 77–95

Bjornlund, H. and McKay, J. 2002, 'Aspects of water markets for developing countries – experiences from Australia, Chile, and the US', Environment and Development Economics, vol. 7, no. 4, pp 769–795 [View the abstract online by inserting this digital object identifier number 10.1017/S1355770X02000463 into the box on the following webpage http://dx.doi.org]

McKay, J. and Bjornlund, H. 2001, 'Recent Australian water market mechanisms as a component of an environmental policy that can make choices between sustainability and social justice', Social Justice Research, vol. 14, no 4, pp 387–403 [View the abstract online by inserting this digital object identifier number 10.1023/A:1014650612202 into the box on the following webpage http://dx.doi.org]

McKay, J. and Moeller, A. 2002, 'Are mandatory regulations required for water quality in Australia?', Water Policy, vol. 4, issue 2, pp. 95–118 [View the abstract online by inserting this digital object identifier number 10.1016/S1366-7017(02)00005-3 in the box on this webpage http://dx.doi.org]

McKay, J. and Moeller, A. 2001–02, 'The status of drinking water quality reporting, the precautionary principle and public health in Australia', Ethics and Justice: An Interdisciplinary Public Affairs Journal, vol. 3, no. 4/vol. 4, no. 1 (double issue), pp. 301–320

Pisaniello, J., McKay, J., Reedman, G., Mitchell, L. and Stephensen, M. 2002, 'Effectively involving an Australian rural community in a risk management process: A "community partnerships" approach', Australian Journal of Emergency Management, vol. 17 no. 2, pp 30–39. Full text available at the AJEM web site

Bjornlund, H. and McKay, J. 2001, 'Current issues and future directions for Australian water market policies', Water: the Journal of the Australian Water and Waste Water Association, vol. 28, no. 2 (March), pp. 75–78

McKay, J. and Bhasin, B. 2001, 'Mining law and policy in Indonesia: issues in current practice that need reform', Journal of Energy and Natural Resources Law, vol. 19, no. 4, pp. 301–320

McKay, J. and Moeller, A. 2001. 'Duty and standards of care for drinking water regulation in Australia', Environment, Development and Sustainability, vol 3, no 2, pp 127–143 [View the abstract online by inserting this digital object identifier number 10.1023/A:1011628113584 into the box on the following webpage http://dx.doi.org]

McKay, J. and Moeller, A. 2001, 'Is risk associated with drinking water in Australia of significant concern to justify mandatory regulation?', Environmental Management, vol. 27, no. 6, pp. 469–481 [View the abstract by inserting the this digital object identifier number 10.1007/s002670010237 into the box on the following webpage http://dx.doi.org]

McKay, J. and Moeller, J. 2000, 'Is it time for a new model of water quality laws?', Environmental and Planning Law Journal, vol. 17, no. 3, pp 165–175

Pisaniello, John D., McKay, J. and Perera, S. 2000/2001, 'Cost-effective spillway design/review for small dams in Victoria: avoiding dam failure emergencies', The Australian Journal of Emergency Management, vol. 15, no. 4, pp. 1–9. Full text available at the AJEM (PDF 287KB, 2pp)

Bjornlund, H. and McKay, J. 2000, 'Do water markets promote a socially equitable reallocation of water? A case study of a rural water market in Victoria, Australia', Rivers, vol. 7, no. 2, pp. 141–154

McKay, J. and Moeller, A. 2000, 'Statutory regulation of water quality in modern Australia: has it been forgotten by the regulators?', Water International, vol. 25, no. 4, pp. 1–15

Moeller, A. and McKay, J. 2000, 'Is there power in the Australian constitution to make federal laws for water quality?', Environmental and Planning Law Journal, vol. 17, no. 4, pp. 294–307

Pisaniello, J.D., Argue, J.R. and McKay, J.M. 1999, 'Flood capability design/review of dams on small catchments – a simple and cost-effective regionalised procedure', Australian Journal of Water Resources, vol. 3, no. 2, pp. 177–188

Pisaniello, John D. and McKay, Jennifer M. 1999, 'Cost-effective private dam safety assurance policy and spillway design/review', International Journal of Water Resources Development, vol. 15, no. 3, pp. 261–276. [View the abstract online by inserting the following digital object identifier number 10.1080/07900629948790 into the box on this webpage http://dx.doi.org]

Bjornlund, H. and McKay, J. 1999, 'Do permanent water markets facilitate farm adjustment and structural change within irrigation communities?', Rural Society, vol. 9, no. 3, pp. 555–571

Bjornlund, H. and McKay, J. 1999, 'Water markets: buyer and seller perceptions', Water: the Journal of the Australian Water and Waste Water Association, vol. 26, no. 2, pp. 41–45

Bjornlund, H. and McKay, J. 1998, 'Factors affecting water prices in a rural water market: a South Australian perspective', Water Resources Research, vol. 34, no. 6, pp. 1563–1570

Pisaniello, John D. and McKay, J. 1998, 'Models of "appropriate" practice in private dam safety assurance', Water Policy, vol. 1, pp. 525–550

Pisaniello, John D. and McKay, J. 1998, 'The need for private dam safety assurance policy – a demonstrative case study', Australian Journal of Emergency Management, vol. 13, no. 3, pp. 46–48 Full text available at the AJEM (PDF 66KB, 3pp)

Provis, C., McKay, J. and Tomaino, J. 1998, 'Whistleblowing and organisational strategy', The Journal of Contemporary Issues in Business and Government, vol 4 no 1, pp 43–51

McKay, J. 1996, 'The public interest or improper use of information – the dilemma for the insider environmental whistleblower', Company Law and Securities, vol. 24, pp. 319–322

McKay, J. 1996, 'Reflecting the hazard or restating old views: newspapers and bushfires in Australia", International Journal of Mass Emergencies and Disasters, vol. 14, no. 3, pp. 305–319

McKay, J. and Pisaniello, John D. 1994/95, 'What must the reasonable private dam owner foresee?', The Macedon Digest, vol. 9, no. 3, pp 27–28

McKay, J. 1994, 'Classification of Australian corporate and industry based codes of conduct', International Business Lawyer, vol. 22, no. 11, pp. 507–514

McKay, J. 1994, 'Water planning in South Australia', The Australasian Journal of Natural Resources Law and Policy, vol. 1, no. 2, pp 181–194

McKay, J. 1993, 'Promoting a fairer application of the rule in L'Estrange v Graucob in the disclosure regime of the Corporations Law', Companies and Securities Law Journal, vol 11, part 4, pp 259–261

McKay, J. 1992, 'Teaching business ethics to business students - a review of the US experience', Australian Journal of Corporate Law, vol. 2, no. 1, pp. 142–148. Reprinted by the Australian Institute of Corporate Managers, Sydney, in 1994 for use in their teaching materials

McKay, J. 1991, 'Member state liability for contracts of international organisations: lessons from the International Tin Council case', Corporate and Business Law Journal, vol. 4, no. 2, pp 69–73

McKay, J. 1983, 'Newspaper reporting of bush-fire disaster in south-eastern Australia – Ash Wednesday 1983', Disasters, vol. 7, no. 4, pp. 283–288

Non-refereed Journal Articles

McKay, J. 1997, 'Community support for environmentally ethical corporations', Environmental SA, vol. 6, no. 1, p. 29

McKay, J. 1997, 'Ideal legal powers for an Australian volunteer emergency agency', The Australian Journal of Emergency Management, vol. 11, no. 4, pp. 19–22

McKay, J. and Bjornlund, H. 1996, 'Lessons from the early TWE market in the riverland in South Australia', Water, vol. 24, no. 3, pp. 90–103. Reported in Legal Research in Australia, ANU, Attorney General and Butterworths, No. 1 of 1996

McKay, J. 1995, 'Legal responsibilities of local government for flood plains and advice', Australian Journal of Emergency Management, vol. 10, no. 3, pp 39–42. Reported in Legal Research in Australia, ANU, Attorney General and Butterworths, No. 1, 1996

McKay, J. and Pisaniello, J. 1995, 'Do water trade policies achieve environmental goals in Victoria?', Water: the Journal of the Australian Water and Waste Water Association, vol. 22, no. 5, pp 34–38. Reported in Legal Research in Australia, ANU, Attorney General and Butterworths, No. 1, 1996 and a synopsis given in the newsletter of the River Basin Management Society of Victoria

McKay, J. 1995, 'Is ethics a fuzzy area?', City Ethics, Issue 20 (Special Issue, 'Managing through Values')

McKay, J. 1995, 'An outburst of whistleblower protection legislation – the implications for public and private sector accountants', Focus on Ethics (Newsletter of the Institute of Chartered Accountants' Academics Ethics Network), pp. 5–6

McKay, J. 1995, 'The Catchment Water (Half) Management Bill (1995)', Australian Environmental Law News, March/April

Pisaniello, J. and McKay, J. 1994, 'Legislative imposition of adequate dam safety assurance – one option', The Australian Journal of Emergency Management, vol. 11, no. 1, pp. 9–12. Reported in Legal Research in Australia, ANU

McKay, J. and Pisaniello, J. 1994, 'Whom must the reasonable private dam owner forsee?', Australian Journal of Disaster Management, vol. 9, no. 4, pp. 27–28. Reported in Legal Research in Australia, ANU, Attorney General and Butterworths, No 1, 1996

McKay, J. 1994, Submission to Senate Select Committee on Public Interest Whistleblowing, published and cited in the main report, In the Public Interest, Senate Printing Unit, Canberra, at p. 212

McKay, J. 1994, 'Issues in the embodiment of the corporate ethics officer function', Focus on Ethics (Newsletter of the Institute of Chartered Accountants' Ethics Network), vol 2, p. 7

McKay, J. 1991, 'Case Exposes Conflict in Existing State Laws', Australian Environment Review, vol.  6, pp. 9–10

McKay, J. 1982, 'The Lower Torrens Flood Hazard', Taminga (Journal of the South Australian Geography Teachers Association), vol. 19, pp 3–15

Murray, I.A.G. and McKay, J.M. 1979, 'The disaster education problem', J. Oliver, ed., Response to Disaster, James Cook University of Queensland, 2pp.

Research Paper

McKay, J. 2003, 'Water pricing and public private partnership in the Americas', Third World Centre for Water Management

Conference Papers

Hurliman, A. and McKay, J. 2003, 'Community attitudes to an innovative dual water supply system at Mawson Lakes, South Australia', Innovations in Water, Perth

McKay, J. and Halanaik, D. 2003, 'New directions and national leadership in development water policies in federation – India and Australia', XI World Congress – Water Resources Management in the 21st Century, Madrid, Spain

McKay, J. 2002, Avoiding legal indeterminacy as a response to policy complexity – a new model for the Australian water industry', 4th Australasian Water Law and Policy Conference, Sydney, 24–25 October 2002

Bjornlund, H. and McKay, J. 2001, 'Environmental flows and sustainable rural communities: profitability and sustainability – conflict or coexistence', Proceedings form the 19th Federal Convention of the Australian Water Association, Canberra, April

Bjornlund, H. and McKay, J. 2001, 'Operational aspects of Australian water markets', 3rd Australasian Natural Resources Law and Policy Conference – Focus on Water, Adelaide, 22–23 March 2001, pp 1–16

Bjornlund, H. and McKay, J. 2001. 'Operational mechanisms for the efficient working of water markets – some Australian experiences', Joint Conference of the International Water and Resource Economics Consortium and the Seminar on Environmental and Resource Economics, Girona, Spain, 3–5 June 2001

McKay, J. 2001, 'The modern Australian history of corporatisation and privatisation of water supplies and irrigation - lessons for the regulators', Water History – Lessons for the Future, Hydrological Society of South Australia Inc., Institution of Engineers, Engineering Heritage Branch Stormwater Industry Association, History Trust of SA, pp 87–97. Available for download (PDF 1.003 MB, 10pp)

McKay, J. 2001, 'A proposal for an international virtual water trading council – humanitarian law in action to relieve the rigours of world trade and to facilitate improvements in real water management in countries in transition' (Abstract volume), 11th Stockholm Water Symposium - Building Bridges through Dialogue, pp 321–323

McKay, J. 2001, 'Legal instruments and regulatory models in privatisation of water utilities in Australia', Proceedings of Regional International Water Law Symposium, Bosnia, pp. 307–318, International Association for Water Law, Program for Water Law and Policy, Yugoslav Association for Water Law and Institute of Waters. Available for download (PDF 745KB)

Bjornlund, H. and McKay, J. 2000, 'Problems with NCP water market policies in three Australian states 1995–2000 and elements of solutions – the "Duty toward water"', First Australasian Conference on Natural Resources Law and Policy, Canberra, March 27–29, 2000, pp. 179–188

Bjornlund, H. and McKay, J. 2000, 'Are water markets achieving a more sustainable water use', Xth World Water Congress, Melbourne, March 2000

McKay, J. 2000, 'Legal issues in supply of reclaimed water', AWA, First Australian Conference on Water Recycling, pp. 93–97

McKay, J. 1996, 'A business approach as a model for Australian Emergency Management Legislation', Natural Disaster Reduction Conference, convened by Australian Academy of Sciences

McKay, J. 1982, 'The effect of a floodplain map on perception of flood risk: some Australian experience', Natural Hazards Workshop, University of Colorado (abstract)

McKay, J. 1982, 'The response of the mass media to flood hazard information', Institute of Australian Geographers Conference, Bathurst, NSW (abstract)

Finlayson, B.L. and McKay, J.M. 1980, 'Fact and fiction in the recollection of flood experiences: a case study of residents in Wangaratta, Victoria', ANZAAS Congress, Brisbane (abstract)

Commissioned Papers

McKay, J. 1996, A review of Australia's emergency management laws and suggestions for reform. Report to the Department of Defence, Emergency Management Australia, 40pp, 4 Tables, 45 refs. EMA provided funding to attend attend a report on tis work at an international conference in Canada in July 1996, ISBN 0863963250

Smith, D.I., Handmer, J.W., McKay, J.M., Switzer, M.A.D. and Williams, B. 1995, Non-structural measures for flood mitigation – current adoption in rural areas. Report to National Landcare Program and Department of Primary Industries, Canberra. Published by the Centre for Resources and Environmental Studies, Vol. 1, 188pp., Vol. 2, Appendices, 79, 26 Tables, 9 Figs, 41 Refs. ISBN: 0867404442

McKay, J.M. 1985, 'Community participation in volunteer fire fighting in the Adelaide Hills', pp. 74–88, and 'Community Adoption of Bushfire Mitigation Measures' (pp. 116–131), in The Economics of Bushfires: The South Australian Experience (with D.T. Healey and F.G. Jarrett), Oxford University Press, 154pp.

McKay, J.M. 1984, 'The role of regional authorities in floodplain management in Australia', in R. Platt, ed., The Role of Regional Institutions in Metropolitan Flood Plain Management, National Science Foundation (USA) Working Paper No. 2, Land and Water Policy Centre, University of Massachusetts, USA, 25pp.

McKay, J.M. and Finalyson, B.L. 1981, 'Residential and commercial flood damage and attitudes to flooding in Wangaratta, Victoria', Binnie International Pty Ltd and the State Rivers and Water Supply Commission, Victoria

McKay, J.M. 1980, 'Assessment of residential and commercial flood damage in Sale', Binnie International Pty Ltd and the State Rivers and Water Supply Commission, Victoria

McKay, J.M. 1980, 'Private and public adjustments to flood hazard in Seaspray, Victoria', State Rivers and Water Supply Commission, Victoria

McKay, J.M. 1979, 'Attitudes to water supply as a factor in crop choice in the Mitchell River Valley', Centre for Environmental Studies, University of Melbourne

McKay, J.M. 1979, 'The incidence and extent of flooding in the La Trobe Valley', in E.C.F. Bird, ed., Bank Erosion on the La Trobe River and its Lower Tributaries, Environmental Studies Program, Victorian Ministry of Conservation

Working Papers

McKay, J. 2002, 'Encountering the South Australian landscape: early European misconceptions and our present water problems', Hawke Institute Working Paper (PDF 286KB, 38pp)

Abstract

The early Europeans perceived water and land in Australia in ways that led them to over-allocate and overuse water. As a result of this misperception Australians as a whole need to devise new policies to ensure that water allocation is within principles requiring environmental, social and economic sustainability. This will involve reduction of water allocations to growers and significant changes to pricing structures for urban users and industry. Environmental factors need to be measured and hard choices need to be made.

 

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