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The Supreme Court of New South Wales dismissed a representative negligence claim against the Murray-Darling Basin Authority over river operations and water allocation losses.
Natural Resources Access Regulator v Kimber; Natural Resources Access Regulator v Kimber [2023] NSWLEC 101
The Court dismissed four water licence offence charges against Kenneth and Luke Kimber under s 10(1)(a), finding very low seriousness and no environmental harm.
Grant Barnes, Chief Regulatory Officer, Natural Resources Access Regulator v Salvestro [2023] NSWLEC 34
The Court sentenced a farmer for five Water Management Act offences involving unlawful groundwater extraction, imposing fines, costs, a moiety, and a publication order naming him.
Natural Resources Access Regulator v Harris; Natural Resources Access Regulator v Timmins [2020] NSWLEC 104
The Court dismissed six water-management charges after finding the prosecution had not proved that the pumps were metered works with non-functioning equipment.
WaterNSW v Goldfinch [2020] NSWCATAD 139
The Tribunal granted a five-year surface water licence transfer for irrigation, finding the move involved no net increase in allocation and only minimal impact.
Randren House Pty Ltd v Water Administration Ministerial Corporation (No 4) [2019] NSWLEC 5
Judicial review of water licence and Water Sharing Plan decisions failed. The Court refused to reopen evidence and dismissed the claims, including a s 100 argument.
Barker v Water Administration Ministerial Corporation of NSW [2012] NSWLEC 1039
An appeal against a Water Act s 180D remedial direction was upheld, the original direction set aside, and revised works orders made by consent.
ICM Agriculture Pty Ltd v The Commonwealth [2009] HCA 51
The High Court held that replacing bore licences with reduced aquifer access licences did not amount to an acquisition of property under s 51(xxxi).
NOBLE v DEPARTMENT OF LAND AND WATER CONSERVATION and ANOR [1997] NSWCA 225
The Court of Appeal held that incomplete particulars in a Water Act licence application did not invalidate it, because s10(3) was directory and substantial compliance was enough.
Thorpes Ltd v Grant Pastoral Co Pty Ltd [1955] HCA 10
The High Court held that NSW water legislation did not bar a landowner’s nuisance and negligence claim for floodwater, silt, and debris wrongfully deposited on land.
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