Salmon v Water Administration Ministerial Corporation NSW & Anor [2001] NSWLEC 275

Salmon v Water Administration Ministerial Corporation NSW & Anor [2001] NSWLEC 275

The appellant had no easement or equitable right over the second respondent's land because his use had been permissive, the land was under the Real Property Act 1900, and the elements of estoppel were not established. He therefore was not an occupier entitled to apply under s 10, and the first respondent correctly returned that application. The proper application was for renewal of the s 13A licence under s 14. Renewal should be granted for two years because the appellant had long uninterrupted use of the pump and pipeline, needed water for stock and domestic purposes, could not presently reasonably practicably obtain supply otherwise than under a s 13A licence due to relocation expense,...

Jurisdiction
Australia
Judgment Date
05 December 2001
Procedural Posture
Appeal Concerning Refusal to Accept an Application for a Water Licence Under S 10 of the Water Act 1912 and Refusal to Renew Existing Water Licence No. 40 EL38 Under S 13 a of the Water Act 1912 / Appeal to the Land and Environment Court of New South Wales
Outcome
Appeal allowed in part; renewal of licence No. 40EL38 granted for two years; application otherwise dismissed; costs reserved.
Legal Topics
['water Licence Renewal' 'riparian Occupiers' 'intervening Land' 'lost Modern Grant' 'proprietary Estoppel' 'torrens Title Indefeasibility']
['water Law' 'property Law' 'administrative Law'] ['water Licence Renewal' 'riparian Occupiers' 'intervening Land' 'lost Modern Grant' 'proprietary Estoppel' 'torrens Title Indefeasibility']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Appeal Concerning Refusal to Accept an Application for a Water Licence Under S 10 of the Water Act 1912 and Refusal to Renew Existing Water Licence No. 40 EL38 Under S 13 a of the Water Act 1912 / Appeal to the Land and Environment Court of New South Wales

Legal Issues

  1. 1 ['Whether the appellant could apply for a licence under s 10 of the Water Act 1912 on the basis that he occupied the pump and pipeline site or had an easement or equitable right over it.' "Whether the doctrines of lost modern grant, equitable acquiescence, proprietary estoppel or promissory estoppel gave the appellant rights over the second respondent's land." 'Whether the application for renewal of licence No. 40EL38 should be granted under s 13A and s 14 of the Water Act 1912.' 'Whether the interests of the riparian occupier would be unreasonably affected by renewal of the licence.']

Ratio Decidendi

The appellant had no easement or equitable right over the second respondent's land because his use had been permissive, the land was under the Real Property Act 1900, and the elements of estoppel were not established. He therefore was not an occupier entitled to apply under s 10, and the first respondent correctly returned that application. The proper application was for renewal of the s 13A licence under s 14. Renewal should be granted for two years because the appellant had long uninterrupted use of the pump and pipeline, needed water for stock and domestic purposes, could not presently reasonably practicably obtain supply otherwise than under a s 13A licence due to relocation expense,...

Court Disposition

Appeal allowed in part; renewal of licence No. 40EL38 granted for two years; application otherwise dismissed; costs reserved.

Orders

  • ['The appeal is allowed.' 'The court finds in favour of granting the application for renewal of licence No. 40EL38 issued under section 13A of the Water Act 1912 for a period of two years from the date hereof expiring on 5 December 2003, upon the conditions set out in Exhibit 3 as modified and attached as Annexure...