NSW Office of Water, Department of Primary Industries (Applicant) ; Orange City Council ; (Respondent) [2015] NSWCATAD 58

NSW Office of Water, Department of Primary Industries (Applicant) ; Orange City Council ; (Respondent) [2015] NSWCATAD 58

The Tribunal had jurisdiction to complete the part-heard inquiry and was required to do so despite withdrawal of objections. Applying s4A of the Water Act 1912, the evidence, including the Geolyse reports and the absence of remaining objections, showed that the proposed works would have minimal adverse impact on local water resources, the environment and other users, no significant regional or State-wide impact, and would benefit Orange City's water supply. The proposed licence conditions would adequately protect other local users and the environment, making the grant of both licences desirable.

Jurisdiction
Australia
Judgment Date
30 March 2015
Procedural Posture
Inquiry Into Desirability of Granting Licences Under Water Act 1912 / Principal Judgment After Part Heard Local Land Board Proceedings Continued in the Tribunal
Outcome
The Tribunal found that, subject to the conditions of grant, it was desirable to grant the licences to Orange City Council.
Legal Topics
['water Act 1912 Licences' 'stormwater Harvesting Scheme' 'local Land Board Transitional Jurisdiction' 'water Resource Allocation' 'environmental Impacts of Water Works' 'withdrawal of Objections']
['administrative Law' 'water Law' 'environmental Law'] ['water Act 1912 Licences' 'stormwater Harvesting Scheme' 'local Land Board Transitional Jurisdiction' 'water Resource Allocation' 'environmental Impacts of Water Works' 'withdrawal of Objections']

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Procedural Posture

Inquiry Into Desirability of Granting Licences Under Water Act 1912 / Principal Judgment After Part Heard Local Land Board Proceedings Continued in the Tribunal

Legal Issues

  1. 1 ['Whether the Tribunal had jurisdiction to complete a part-heard Local Land Board inquiry after local land boards were abolished.' 'Whether the inquiry had to be completed notwithstanding withdrawal of the objections before the final hearing.' 'Whether it was desirable to grant licences to Orange City Council for the Blackmans Swamp Creek Stormwater Harvesting Scheme.' 'What period, terms, limitations and conditions should apply to the licences.']

Ratio Decidendi

The Tribunal had jurisdiction to complete the part-heard inquiry and was required to do so despite withdrawal of objections. Applying s4A of the Water Act 1912, the evidence, including the Geolyse reports and the absence of remaining objections, showed that the proposed works would have minimal adverse impact on local water resources, the environment and other users, no significant regional or State-wide impact, and would benefit Orange City's water supply. The proposed licence conditions would adequately protect other local users and the environment, making the grant of both licences desirable.

Court Disposition

The Tribunal found that, subject to the conditions of grant, it was desirable to grant the licences to Orange City Council.

Orders

  • ["The Tribunal finds that subject to the conditions of grant set out in the Condition Statements tendered to the Tribunal with the applicant's submissions and numbered 80SL09698 and 80SL096299, it is desirable to grant licences to Orange City Council for a weir, located on Blackmans Swamp Creek and a Pump Station...