J.S. Balharrie v. Water Administration Ministerial Corporation [1989] NSWLEC 163

J.S. Balharrie v. Water Administration Ministerial Corporation [1989] NSWLEC 163

It is not reasonably practicable for the applicant to obtain an adequate water supply for irrigation except by means of the subject licence; objections raised do not outweigh entitlement to the licence, and conditions should be imposed to balance interests.

Jurisdiction
Australia
Judgment Date
27 February 1989
Procedural Posture
Appeal / Judgment
Outcome
Appeal upheld
Legal Topics
['water Licence' 'irrigation' 'local Land Board Appeal']
['administrative Law' 'environmental Law'] ['water Licence' 'irrigation' 'local Land Board Appeal']

Case Brief

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Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 ['Whether it is reasonably practicable for the applicant to obtain or make provision for a supply of water adequate for irrigation otherwise than in pursuance of a licence under s.13A of the Water Act 1912' 'Whether objections based on inconvenience, noise, erosion, and potential future use outweigh the entitlement to a water licence']

Ratio Decidendi

It is not reasonably practicable for the applicant to obtain an adequate water supply for irrigation except by means of the subject licence; objections raised do not outweigh entitlement to the licence, and conditions should be imposed to balance interests.

Court Disposition

Appeal upheld

Orders

  • ['Appeal against the decision of the Local Land Board of 17th June, 1987 upheld.' 'Exhibits may be released.' 'Costs reserved.']