Shaw & anor v The Minister Administering the Water Management Act 2000 & Ors [2013] NSWLEC 1027

Land and Environment Court New South Wales

Medium Neutral Citation: Shaw & anor v The Minister Administering the Water Management Act 2000 & Ors [2013] NSWLEC 1027 Hearing dates: 12 February 2013 Decision date: 20 February 2013 Jurisdiction: Class 1 Before: Fakes C Decision: Appeal upheld subject to conditions Catchwords: WATER; appeal against refusal of an application for water supply works; more than minimal harm to an adjoining property; contributory factors Legislation Cited: Land and Environment Court Act 1979 Water Management Act 2000 Category: Principal judgment Parties: Arthur & Jean Shaw (Applicants) The Minister Administering the Water Management Act 2000 (First Respondent) Jacqueline Dean & Dave Mehrtens (Second Respondents) Representation: Applicant: Mr G O'Reilly (Solicitor) First Respondent: Mr S Vincent (Solicitor) Second Respondent: Ms J Dean (Litigant in person) Solicitors Applicant: O'Reilly & Sochacki Lawyers First Respondent: NSW Department of Trade and Investment, Regional Infrastructure and Services File Number(s): 10584 of 2012

Judgment 1COMMISSIONER: Mr and Mrs Shaw, the applicants in these proceedings, are appealing against the Minister's determination to refuse an application for water supply works (30WA307388), being a dam, on their property at Dulguigan. The appeal to the Court is made under s 368(1)(g) of the Water Management Act 2000 (the Act). 2The applicants contend that there is no basis for the Minister's refusal of the application on the grounds of causing more than minimal harm by degrading land. 3The first and second respondents contend that water leaking from the dam is causing more than minimal harm to the western portion of the second respondents' property that is in close proximity to the applicants' dam.