Water Administration Ministerial Corporation v Wear [2017] NSWCATAD 172

Water Administration Ministerial Corporation v Wear [2017] NSWCATAD 172

The grant of the licence was desirable because the application concerned a transfer of an existing 15 megalitre surface water allocation within the same catchment, producing no net change in the water entitlement able to be taken from the Bucca Bucca Creek catchment; the Respondents' concerns, while legitimate, were largely anecdotal and were not supported by reliable data establishing unacceptable impact; the Applicants' expert evidence based on recent sampling and hydrological analysis showed minimal or no unacceptable adverse impact on water flow, surface water quality, threatened species, flora, fauna or ecosystems; and the imposed conditions, including metering, buffer, flow,...

Jurisdiction
Australia
Judgment Date
31 May 2017
Procedural Posture
Inquiry Into the Desirability of Granting a Surface Water Licence Under Section 10 of the Water Act 1912 / Principal Judgment After Hearing
Outcome
Application granted for a period of five years subject to conditions.
Legal Topics
['surface Water Licence' 'transfer of Water Rights' 'construction of Dam and Pump' 'environmental Impact' 'cumulative Environmental Effect' 'licence Conditions' 'submissions by Interested Persons']
['administrative Law' 'water Law' 'environmental Law'] ['surface Water Licence' 'transfer of Water Rights' 'construction of Dam and Pump' 'environmental Impact' 'cumulative Environmental Effect' 'licence Conditions' 'submissions by Interested Persons']

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Procedural Posture

Inquiry Into the Desirability of Granting a Surface Water Licence Under Section 10 of the Water Act 1912 / Principal Judgment After Hearing

Legal Issues

  1. 1 ['Whether the application for a licence for one dam and one pump on an unnamed watercourse should be granted under section 10 of the Water Act 1912.' 'Whether persons who lodged submissions, other than the Respondents, had interests that may be affected by any matter to which the inquiry relates for the purposes of section 11(6B) of the Water Act 1912.' 'Whether the proposed dam and pump would have unacceptable hydrological, water quality, ecological, or cumulative environmental impacts on Bucca Bucca Creek and the catchment.' 'Whether the transfer of 15 megalitres of surface water rights from Mr Lee to the Applicants would alter the allocation of water able to be taken from the catchment.' 'What period, terms, limitations and conditions should apply if the licence were granted.']

Ratio Decidendi

The grant of the licence was desirable because the application concerned a transfer of an existing 15 megalitre surface water allocation within the same catchment, producing no net change in the water entitlement able to be taken from the Bucca Bucca Creek catchment; the Respondents' concerns, while legitimate, were largely anecdotal and were not supported by reliable data establishing unacceptable impact; the Applicants' expert evidence based on recent sampling and hydrological analysis showed minimal or no unacceptable adverse impact on water flow, surface water quality, threatened species, flora, fauna or ecosystems; and the imposed conditions, including metering, buffer, flow,...

Court Disposition

Application granted for a period of five years subject to conditions.

Orders

  • ['The Tribunal determines that the application for a licence made under Section 10 of the Water Act 1912 by Mangit Singh and Mukhtiar Singh of 407 Central Bucca Road, Bucca NSW 2450 for one dam and one pump on an unnamed watercourse situated on Lot 17 DP 876733, Parish Moonee, County Fitzroy for irrigation purposes...