Sharkey v Minister administering the Water Management Act 2000 [2017] NSWLEC 47

Land and Environment Court New South Wales

Medium Neutral Citation: Sharkey v Minister administering the Water Management Act 2000 [2017] NSWLEC 47 Hearing dates: 5 April 2017 Date of orders: 28 April 2017 Decision date: 28 April 2017 Jurisdiction: Class 4 Before: Preston CJ Decision: The Court lists the proceedings for a directions hearing before the Class 4 List Judge on 5 May 2017 Catchwords: WATER – water access licence – entitlement under repealed statute to take water from river converted to access licence under current statute – category of access licence into which entitlement is converted dependent on type of river from which water is taken – whether regulated river or unregulated river – Minister's order declaring part of Murray River to be regulated river – regulated river commences "from the upper limit of storage of Hume Dam" – meaning of expression Legislation Cited: Uniform Civil Procedure Rules 2005 r 28.2 Water Act 1912 s 12 Water Management Act 2000 Ch 3 Pt 2, ss 55A, 403, Sch 9, Sch 10 cll 2, 3, 4, 5(b), Sch 11 Water Sharing Plan for the Murray Unregulated and Alluvial Water Sources 2011 Water Sharing Plan for the New South Wales Murray and Lower Darling Regulated Rivers Water Sources 2003 Category: Principal judgment Parties: Clive Conrad Sharkey (Applicant) Minister administering the Water Management Act 2000 (Respondent) Representation: Counsel: Ms T Jowett (Applicant) Mr P D Herzfeld (Respondent)

Solicitors: Applicant in person Crown Solicitors Office (Respondent) File Number(s): 189771 of 2016 Publication restriction: Nil