WaterNSW v Goldfinch [2020] NSWCATAD 139

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: WaterNSW v Goldfinch [2020] NSWCATAD 139 Hearing dates: 1 August 2019 Date of orders: 25 May 2020 Decision date: 25 May 2020 Jurisdiction: Administrative and Equal Opportunity Division Before: K Ransome, Senior Member Decision: The Tribunal determines that the application made by Leo Michael Cleary and Susan Ailsa Cleary for the permanent transfer of the surface water rights previously authorised by licence 30SL043470 for one 80 mm centrifugal pump on the Pappinbarra River situated on Lots 49, 60 and 70 of DP 754442, Parish of Pappinbarra, County of Macquarie for irrigation purposes should be granted, for a period of five years subject to the conditions set out in paragraph 37 of these reasons. Catchwords: ADMINISTRATIVE LAW – administrative review – Inquiry into desirability of grant of surface water licence – consideration of factors to be taken into account – whether respondents interests may be affected – transfer of existing entitlement – minimal impact Legislation Cited: Water Act 2012 Water Management Act 2000 Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulation 2000 Cases Cited: Water Administration Ministerial Corporation v Wear [2017] NSWCATAD 172 Category: Principal judgment Parties: WaterNSW (First Applicant) Leo & Susan Cleary (Second Applicants) Dale Goldfinch (First Respondent) Ron & Julie-Anne Murphy (Second Respondents) Steve Hadfield (Third Respondent) Representation: Solicitors: WaterNSW (Respondent) Second Applicants (Self Represented) Respondents (Self Represented) File Number(s): 2019/00056072 Publication restriction: Nil