Shaw & anor v The Minister Administering the Water Management Act 2000 & Ors [2013] NSWLEC 1027

Shaw & anor v The Minister Administering the Water Management Act 2000 & Ors [2013] NSWLEC 1027

The Court was satisfied that it was open to find that water was leaking from the dam and contributing to the waterlogged conditions on the western portion of the second respondents' land, thereby exacerbating the land's natural predisposition to waterlogging and causing more than minimal harm. However, the extent of degradation did not require refusal because conditions requiring a maximum dam water level of RL 8.93m and treatment with bentonite were appropriate to minimise the negative impacts.

Jurisdiction
Australia
Judgment Date
20 February 2013
Procedural Posture
Class 1 Appeal Under S 368(1)(g) of the Water Management Act 2000 Against Refusal of an Application for Water Supply Works Approval / Hearing and Determination; Appeal Upheld Subject to Conditions
Outcome
Appeal upheld; Water Supply Works approval (30WA307388) granted subject to conditions.
Legal Topics
['water Supply Works Approval' 'dam Leakage' 'more Than Minimal Harm' 'land Degradation' 'conditions of Approval']
['water Management' 'environmental Law' 'land and Environment Court Appeals'] ['water Supply Works Approval' 'dam Leakage' 'more Than Minimal Harm' 'land Degradation' 'conditions of Approval']

Case Brief

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Procedural Posture

Class 1 Appeal Under S 368(1)(g) of the Water Management Act 2000 Against Refusal of an Application for Water Supply Works Approval / Hearing and Determination; Appeal Upheld Subject to Conditions

Legal Issues

  1. 1 ["Whether water was leaking from the applicants' dam onto the second respondents' land." "Whether any leakage from the dam was causing more than minimal harm by degrading the second respondents' land." 'Whether the application for water supply works approval should be refused or granted subject to conditions.']

Ratio Decidendi

The Court was satisfied that it was open to find that water was leaking from the dam and contributing to the waterlogged conditions on the western portion of the second respondents' land, thereby exacerbating the land's natural predisposition to waterlogging and causing more than minimal harm. However, the extent of degradation did not require refusal because conditions requiring a maximum dam water level of RL 8.93m and treatment with bentonite were appropriate to minimise the negative impacts.

Court Disposition

Appeal upheld; Water Supply Works approval (30WA307388) granted subject to conditions.

Orders

  • ['The appeal is upheld.' 'Water Supply Works approval (30WA307388) is granted subject to the specified conditions, definitions and schedule of works.' 'The applicants are to carry out specified works on Lot 17 DP 866759 being 56 Hoop Pine Road, Dulguigan NSW, including installation of a pipe spillway, certification...