WaterNSW v Hurrell [2020] NSWCATAD 140

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: WaterNSW v Hurrell [2020] NSWCATAD 140 Hearing dates: 31 July 2019 Date of orders: 27 May 2020 Decision date: 27 May 2020 Jurisdiction: Administrative and Equal Opportunity Division Before: K Ransome, Senior Member Decision: The Tribunal determines that the application made by John Anthony and Christine Joy Patrick for a replacement surface water licence for authorisation of one 150mm centrifugal pump on an unnamed watercourse on lot 2 in DP 1099964, one bywash dam on an unnamed watercourse on lot 2 in DP 1099964 and one 150mm centrifugal pump on Toms Creek on lot 3 in DP 1099964, Parish of Comboyne, County of Macquarie for irrigation purposes should be granted, for a period of five years subject to the conditions set out in paragraph 52 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 – replacement licence – 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: Water NSW (First Applicant) John & Christine Patrick (Second Applicants) John Gardiner (First Respondent) Peter & Kathleen Hurrell (Second Respondents) Cardia Patterson (Third Respondent) Victor Pritchard (Fourth Respondent) Paul Latimore (Fifth Respondent) Ben Latimore (Sixth Respondent) Gavin Holmes (Seventh Respondent) Michael Flannigan (Eight Respondent) Francis McWhirter (Ninth Respondent) Representation: Solicitors: Water NSW (First Applicant) Falvey Kay Lawyers (Second Applicants) Respondents (Self Represented) File Number(s): 2019/00056081 Publication restriction: Nil