Harvey & Anor v Minister Administering the Water Management Act 2000; Tubbo Pty Ltd & Ors v Minister Administering the Water Management Act 2000 [2008] NSWLEC 165

40210/08 (41275/06) Pending Appeal : 40208/08 (41283/06)

Reported: (2008) 160 LGERA 50

Land and Environment Court of New South Wales

CITATION : Harvey & Anor v Minister Administering the Water Management Act 2000; Tubbo Pty Ltd & Ors v Minister Administering the Water Management Act 2000 [2008] NSWLEC 165 This decision has been amended. Please see the end of the judgment for a list of the amendments.

41275 of 2006

Adrian David Harvey & Margaret Elizabeth Harvey (First Applicant) Adrian David Harvey (Second Applicant) Minister Administering the Water Management Act 2000 (Respondent)

PARTIES : 41283 of 2006

Tubbo Pty Limited (First Applicant) Tubbo Irrigation Management Pty Limited (Second Applicant) Orchard Farms Pty Limited (Third Applicant) Four Arrows Rural Management Pty Limited (Fourth Applicant) Minister Administering the Water Management Act 2000 (Respondent)

FILE NUMBER(S) : 41275 of 2006; 41283 of 2006

CORAM: Jagot J

KEY ISSUES: Judicial Review :- amendment order - water sharing plan - whether amendment to plan an amendment or a new plan - whether amendment order exceeded the Minister's power - procedural fairness - whether duty applied to making of amendment order - if so, whether amendment order made in breach of duty - content of any duty - amendment order within power - no duty of procedural fairness - alternatively, no breach of duty

Administrative Decisions (Judicial Review) Act 1977 (Cth) Artesian Wells Act 1897 Catchment Management Authorities Act 2003 LEGISLATION CITED: Protection of the Environment (Operations) Act 1997 Water Act 1912 Water Management Act 2000 Water Management (General) Regulation 2004 Water Management (General) Amendment Regulation 2006