Howard v Turner and Petersen [2015] NSWCATAD 247

Howard v Turner and Petersen [2015] NSWCATAD 247

The applicant requires a licence under s 13A of the Water Act 1912 to take water from the dam despite holding an easement. The grant of the licence is desirable provided the amount taken is limited to 1.75 megalitres per year and further conditions to mitigate impacts on other users are imposed.

Jurisdiction
Australia
Judgment Date
25 November 2015
Procedural Posture
Administrative Inquiry / First Instance Decision
Outcome
Licence recommended to be granted with conditions.
Legal Topics
['water Licences' 'easements' 'statutory Interpretation' 'environmental Impact']
['administrative Law' 'water Law'] ['water Licences' 'easements' 'statutory Interpretation' 'environmental Impact']

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

Administrative Inquiry / First Instance Decision

Legal Issues

  1. 1 ['Whether an applicant requires a licence to take water under the Water Act 1912 despite possession of an easement' 'Whether the grant of a water licence is desirable and what conditions should be imposed']

Ratio Decidendi

The applicant requires a licence under s 13A of the Water Act 1912 to take water from the dam despite holding an easement. The grant of the licence is desirable provided the amount taken is limited to 1.75 megalitres per year and further conditions to mitigate impacts on other users are imposed.

Court Disposition

Licence recommended to be granted with conditions.

Orders

  • ['Grant of the proposed water licence is desirable.' 'Licence to be subject to conditions set out in paragraph 17 of the decision.' 'Additional condition: quantity of water authorised to be taken is limited to 1.75 megalitres per year.']