Murrumbidgee Horticulture Council Inc v Minister for Land and Water Conservation [2003] NSWLEC 213

> Reported Decision : (2003) 127 LGERA 450

Land and Environment Court of New South Wales

CITATION : Murrumbidgee Horticulture Council Inc v Minister for Land and Water Conservation [2003] NSWLEC 213 APPLICANT Murrumbidgee Horticulture Council Inc PARTIES : RESPONDENT Minister for Land and Water Conservation FILE NUMBER(S) : 40326 of 2003 CORAM: Pain J Construction and Interpretation :- Minister's plan made under s 50 of the Water Management Act 2000 - proper construction of cl 49 of the Water Sharing Plan for the Murrumbidgee Regulated River Water Source 2003 Order - cl 53(8) of the Plan prohibits high security access licence holders from dealing in water allocations after the first two months in any water year - whether the time limit on dealings for high security access licence holders in cl 53(8) of the Plan is in breach of the priorities set down by s 58(1) of the Act - whether cl 53(8) of the Plan fails to comply with s 20(4)(a) of the Act because of non-compliance with cl 10 of the Access Licence Dealing Principles Order 2002 and/or Target 16a of the State Water Management Outcomes Plan - whether cl 20(4)(a) and s 71L of the Act apply to a Minister's plan - proper construction of s 71L - whether cl 7(1) and (2) and 9(2) of the Access Licence Dealing Principles Order 2002 justify cl 53(8) of the plan

KEY ISSUES: Judicial Review :- whether cl 53(8) of the Plan is invalid - whether the Minister failed to take into account relevant considerations - whether the Minister took into account irrelevant considerations - whether the requirement was manifestly unreasonable

Water Rights :- no unfettered right to dealings in water conferred by the Act Access Licence Dealing Principles Order 2002 cl 7, cl 9, cl 10, cl 18 Murray-Darling Basin Act 1992 s 6 LEGISLATION CITED: State Water Management Outcomes Plan target 1a, target 16a Water Management Act 2000 s 5, s 6, s 16, s 20, s 50, s 56, s 57, s 58, s 59, s 60, s 71G, s 71K, s 71L, s 85, s 95(1), s 336(1), s 343(1)(d) Water Sharing Plan for the Murrumbidgee Regulated River Water Source 2003 Order cl 4, cl 32, cl 33, cl 34, cl 39, cl 49, cl 52, cl 53, Sch 2 CASES CITED: Brown v Heffer (1967) 116 CLR 344; Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 335 DATES OF HEARING: 10/06/2003, 12/06/2003 (written submissions), 13/06/2003 (written submissions), 20/06/2003 (written submissions, 23/06/2003 (written submissions) DATE OF JUDGMENT: 09/26/2003