Snowy River Alliance Inc v Water Administration Ministerial Corporation [2011] NSWSC 652

Supreme Court New South Wales

Medium Neutral Citation: Snowy River Alliance Inc v Water Administration Ministerial Corporation [2011] NSWSC 652 Hearing dates: 14 March 2011 Decision date: 30 June 2011 Jurisdiction: Common Law - Administrative Law Before: Hislop J Decision: Summons dismissed. Legislation Cited: Snowy Hydro Corporation Act 1997 Cases Cited: Project Blue Sky Inc v Australian Broadcasting Authority [1998] HCA 28; (1998) 194 CLR 355 Lockwood v The Commonwealth (1954) 90 CLR 177 Category: Principal judgment Parties: Snowy River Alliance Inc (Plaintiff) Water Administration Ministerial Corporation (1st Defendant) Snowy Hydro Limited (2nd Defendant) Representation: Counsel: S Free (Plaintiff) C Norton (1st Defendant) I R Pike (2nd Defendant) Solicitors: The Environmental Defender's Office (Plaintiff) NSW Office of Water (1st Defendant) Mallesons Stephen Jaques (2nd Defendant) File Number(s): 2010/245123

Judgment

Introduction 1By summons filed on 23 July 2010 the plaintiff sought the following relief: "1. A declaration that the review culminating in the "Final Report Five-year Review of the Snowy Hydro Water Licence" published by the Water Administration Ministerial Corporation in November 2009 was not, for the purposes of the Snowy Hydro Corporatisation Act 1997 and the Snowy water licence issued thereunder, a review of the kind referred to in s 25(1) and s 25(2)(a) of the Act and cl 10.1 of the licence. 2. A declaration that the purported variation to the Snowy water licence by the Water Administration Ministerial Corporation issued on 29 April 2010 (with effect from 1 May 2010) was void and of no effect. 3. An order setting aside the purported variation to the Snowy water licence by the Water Administration Ministerial Corporation issued on 29 April 2010 (with effect from 1 May 2010). 4. An order that the First and Second Defendants pay the Plaintiff's costs of the proceedings." 2The defendants oppose the orders and declarations sought.