Water Administration Ministerial Corporation v Wear [2017] NSWCATAD 24

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Water Administration Ministerial Corporation v Wear [2017] NSWCATAD 24 Hearing dates: 21 April 2016 Date of orders: 12 January 2017 Decision date: 12 January 2017 Jurisdiction: Administrative and Equal Opportunity Division Before: S Montgomery, Senior Member Decision: The Tribunal determines pursuant to section 11(6C)(a) of the Water Act 1912 that a surface water licence should be granted to the Applicants in respect of the construction of a dam and a pump on the property at Lot 86 DP 134693 Parish Moonee County Fitzroy for a period of five years subject to the conditions set out in paragraphs 14 and 149 of these reasons and the additional requirement that those conditions be reviewed after a period of two years in order to assess their effectiveness in limiting the environmental impact of the proposed construction of a dam and a pump on the property. Catchwords: Inquiry into desirability of grant of a surface water licence - transfer of licence - construction of a dam and a pump – environmental impact – cumulative environmental effect – licence conditions Legislation Cited: Water Act 1912 Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulation 2000 Water Management Act 2000 Cases Cited: Howard v Turner and Petersen [2015] NSWCATAD 247 Category: Principal judgment Parties: Water Administration Ministerial Corporation (First Applicant) Kulbir Singh Atwal and Surinder Kaur Atwal (Second Applicants) Gaven Wear (First Objector) Rohan Wear (Second Objector) Representation: Solicitors: M Keane (First Applicant) Couper Lawyers (Second Applicants) G Wear (First Objector in person) File Number(s): 1510615