Water Administration Ministerial Corporation v Wear [2017] NSWCATAD 24

Water Administration Ministerial Corporation v Wear [2017] NSWCATAD 24

The Tribunal found that granting the surface water licence, subject to specified conditions (including review after two years), is desirable, as the application concerns a transfer within an existing allocation rather than new extraction, and sufficient mitigation measures are in place to address environmental concerns and potential impacts on threatened species.

Jurisdiction
Australia
Judgment Date
12 January 2017
Procedural Posture
Administrative Inquiry / Final Determination
Outcome
Licence granted subject to conditions
Legal Topics
['water Licensing' 'transfer of Water Rights' 'construction of Dams' 'environmental Impact Assessment' 'cumulative Environmental Effects' 'licence Conditions']
['environmental Law' 'administrative Law'] ['water Licensing' 'transfer of Water Rights' 'construction of Dams' 'environmental Impact Assessment' 'cumulative Environmental Effects' 'licence Conditions']

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Procedural Posture

Administrative Inquiry / Final Determination

Legal Issues

  1. 1 ['Desirability of granting a surface water licence' 'Sufficiency of licence conditions to mitigate environmental impact' 'Cumulative environmental effects of water extraction' 'Impact on threatened species, populations or ecological communities' 'Transfer and allocation of water rights']

Ratio Decidendi

The Tribunal found that granting the surface water licence, subject to specified conditions (including review after two years), is desirable, as the application concerns a transfer within an existing allocation rather than new extraction, and sufficient mitigation measures are in place to address environmental concerns and potential impacts on threatened species.

Court Disposition

Licence granted subject to conditions

Orders

  • ['Surface water licence to be granted for five years for construction of dam and pump at Lot 86 DP 134693 Parish Moonee County Fitzroy.' 'Licence is subject to twelve conditions proposed by Ministerial Corporation, plus additional condition that these be reviewed after two years for effectiveness in limiting...