Water NSW v Edwards [2017] NSWCATAD 249

Water NSW v Edwards [2017] NSWCATAD 249

The licence should be granted because the application involved a transfer of part of an existing water allocation within the same catchment, with no net increase in water that could be taken from the river catchment; there was no evidence contradicting the Ministerial Corporation's assessment that the impact would be minimal; many objections concerned matters outside the scope of interests affected by the pump inquiry under section 11(6B); and the proposed conditions together with legislative enforcement powers were sufficient to minimise impacts on river flow and related issues.

Jurisdiction
Australia
Judgment Date
14 August 2017
Procedural Posture
Inquiry Into Desirability of Grant of a Surface Water Licence Under Section 11(5)(a) of the Water Act 1912 / Principal Judgment After Public Inquiry Hearing
Outcome
Application for a surface water licence granted for a period of five years subject to conditions.
Legal Topics
['surface Water Licence' 'transfer of Water Rights' 'construction of a Pump' 'environmental Impact' 'cumulative Environmental Effect' 'licence Conditions']
['administrative Law' 'water Law' 'environmental Law'] ['surface Water Licence' 'transfer of Water Rights' 'construction of a Pump' 'environmental Impact' 'cumulative Environmental Effect' 'licence Conditions']

Case Brief

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Procedural Posture

Inquiry Into Desirability of Grant of a Surface Water Licence Under Section 11(5)(a) of the Water Act 1912 / Principal Judgment After Public Inquiry Hearing

Legal Issues

  1. 1 ['Whether the application for a surface water licence for a 150mm centrifugal pump on the Orara River should be granted.' 'Whether objections raised by objectors concerned interests that may be affected by a matter to which the inquiry relates under section 11(6B) of the Water Act.' 'Whether the proposed licence conditions adequately addressed concerns about river flow, water extraction, runoff, monitoring and environmental impact.' 'What period, terms, limitations and conditions should apply if the licence were granted.']

Ratio Decidendi

The licence should be granted because the application involved a transfer of part of an existing water allocation within the same catchment, with no net increase in water that could be taken from the river catchment; there was no evidence contradicting the Ministerial Corporation's assessment that the impact would be minimal; many objections concerned matters outside the scope of interests affected by the pump inquiry under section 11(6B); and the proposed conditions together with legislative enforcement powers were sufficient to minimise impacts on river flow and related issues.

Court Disposition

Application for a surface water licence 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 Dosanjh Investments Pty Ltd and Golden Eagle Berry Farms Corporation Pty Limited of Lot 262 DP 751383 for a 150mm centrifugal pump on the Orara River for water supply for farming and irrigation purposes should...