Nature Conservation Council of New South Wales Inc v The Minister Administering the Water Management Act 2000 [2005] NSWCA 9

Reported Decision : 137 LGERA 320

New South Wales Court of Appeal

Nature Conservation Council of New South Wales Inc v The Minister Administering the Water Management Act 2000 [2005] NSWCA 9 CITATION: This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 3/11/04, 4/11/04, 5/11/04, 6/11/04

JUDGMENT DATE: 9 February 2005

JUDGMENT OF: Spigelman CJ at 1; Beazley JA at 97; Tobias JA at 98

DECISION: Appeal dismissed with costs

CATCHWORDS: CONSTRUCTION AND INTERPRETATION - Minister's water management plan - definition of "performance indicators" - whether "performance indicator" must be in the form of a "target" or "standard" - s 50 Water Management Act 2000 - CONSTRUCTION AND INTERPRETATION - Minister's water management plan - rule expressed in terms of "extraction limit" - whether a rule for the "identification, establishment and maintenance of water" within the meaning of the Act - STATUTES - Construction - Acts done in breach of form requirements regulating a statutory power - Whether invalid - Substance-based test. - WATER RIGHTS - whether management plan invalid for failing to provide environmental water rules required under the Act - s 8 Water Management Act 2000 - WATER RIGHTS - Whether amendments to Act invalidate Plan - WORDS AND PHRASES - Performance Indicators, Water

Interpretation Act 1987: s30(1)(c) Local Government Act 1993: s36(3)(c) State Water Management Outcomes Plan 2002 LEGISLATION CITED: Water Management Act 2000 Water Management Amendment Act 2004 Water Sharing Plan for the Gwydir Regulated River Water Source 2003

Nature Conservation Council of New South Wales Inc v Minister for Sustainable Natural Resources [2004] NSWLEC 33 CASES CITED: Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355 Seaton v Mosman Municipal Council (1996) 93 LGERA 1