JONES v THE WATER ADMINISTRATION MINISTERIAL CORPORATION [2004] NSWSC 1039

New South Wales Supreme Court

CITATION : JONES v THE WATER ADMINISTRATION MINISTERIAL CORPORATION [2004] NSWSC 1039 HEARING DATE(S) : 16 October 2003 JUDGMENT DATE : 9 November 2004

JUDGMENT OF : Levine J DECISION : 1. I declare that decisions made by the defendant under Part 5 Division 3 of the Water Act 1912 on 28 February 2002 to refuse the plaintiff's applications 70BL227196 and 70BL227197 for licences under Part 5 Division 3 are null and void and of no effect.; 2. I order that the defendant in accordance with s115(1) of the Water Act 1912, on payment of the prescribed fee by the plaintiff, issue a licence to the plaintiff in the prescribed form, subject to such limitations and conditions as the defendant may deem fit and proper in respect of the bore licence applications 70BL227196 and 70BL227197 in the Lower Lachlan Ground Water Management Area (GWMA 012).; 3. I declare that the decisions made by the defendant after 28 February 2002 to advertise the plaintiff's applications 70BL227196 and 70BL227197 for licences under Part 5 Division 3 of the Water Act 1912 are null and void and of no effect and that they be quashed.; 4. I declare that the decision made by the defendant on or about 11 February 2003 to refuse the plaintiff's applications 70BL227196 and 70BL227197 for licences under Part 5 Division 3 of the Water Act 1912 is null and void and of no effect and is quashed.; 5. I order the defendant to pay the plaintiff's costs.; 6. The exhibits are to be returned.

CATCHWORDS : Administrative law - prerogative relief - Water Act 1912 - Water Management Act 2000 - non-formation of opinion to do an act - consequential accruing right - decision not to form opinion not revocable - aquifer licences - bores Interpretation Act 1987 LEGISLATION CITED : Water Act 1912 Water Management Act 2000 Minister for Immigration v Bhardwaj [2002] 209 CLR 597 Collector of Customs (NSW) v Brian Lawlor Automotive Pty Ltd (1979) 41 FLR 338 Forbes v New South Wales Trotting Club Ltd (1979) 143 CLR 242 CASES CITED : Minister for Immigration & Ethnic Affairs v Kurtovic (1990) 21 FCR 193 Minister for Local Government & Anor v South Sydney City Council (2002) 55 NSWLR 381 Re Minister for Immigration and Multicultural Affairs; Ex parte "A" (2001) 185 ALR 489 Reg v Bristol City Council; Ex parte Pearce (1984) 83 LGR 711 Reg v Secretary of State for Health, Ex parte United States Tobacco International Inc (1992) 1 QB 353 DONALD JONES (Plaintiff)