Hobday v Minister Administering the Water Management Act 2000 [2022] NSWLEC 1132

Land and Environment Court New South Wales

Medium Neutral Citation: Hobday v Minister Administering the Water Management Act 2000 [2022] NSWLEC 1132 Hearing dates: Conciliation conference held on 24 February 2022 Date of orders: 15 March 2022 Decision date: 15 March 2022 Jurisdiction: Class 1 Before: Bish C Decision: The Court orders: (1)The appeal is upheld (2) Approval is granted to application no. A025310, as follows: (a) Pursuant to s.95(1)(a) of the Water Management Act 2000 (WM Act); approval is granted to the construction and use of the water supply work known as Bore C (Latitude: -33.292682; Longitude: 151.1553029) (Bore C) on the land located at 385 Waratah Road Mangrove Mountain, legally described as Lot 1 DP 780268 (Land); (b) Pursuant to s.95(1)(a) of the WM Act, approval is granted to the use of water for the purposes of irrigation at the Land (Water Use); and (c) Pursuant to s.95(1)(a) and s.107(1)(a) and s.107(5) of the WM Act, Approval number 20CA211264 dated 5 April 2011 for water supply works and water use on the Land (Approval), is amended as follows: (i) to include Bore C and the Water Use; (ii) to include the conditions set out in Annexure A to this Agreement. (3) The Approval, as amended, is at Annexure B. Catchwords: WATER SUPPLY WORKS APPROVAL – additional bore – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979, s 34 Water Management Act, ss 95, 368 Category: Principal judgment Parties: Stephen Bernard Hobday (First Applicant) Tania Louise Hobday (Second Applicant) Minister Administering the Water Management Act 2000 (Respondent) Representation: Counsel: P Wright (Solicitor) (First and Second Applicant) J Farrell (Respondent)