Water Administration Ministerial Corporation v Wear [2017] NSWCATAD 172

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Water Administration Ministerial Corporation v Wear [2017] NSWCATAD 172 Hearing dates: 3 November 2016 and 10 January 2017 Date of orders: 31 May 2017 Decision date: 31 May 2017 Jurisdiction: Administrative and Equal Opportunity Division Before: S Montgomery, Senior Member Decision: (1) The Tribunal determines that the application for a licence made under Section 10 of the Water Act 1912 by Mangit Singh and Mukhtiar Singh of 407 Central Bucca Road, Bucca NSW 2450 for one dam and one pump on an unnamed watercourse situated on Lot 17 DP 876733, Parish Moonee, County Fitzroy for irrigation purposes should be granted, for a period of five years subject to the conditions set out in paragraphs 112 of these reasons. 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 2012 Water Management Act 2000 Environmental Planning and Assessment Regulation 2000 Cases Cited: Allan v Transurban City Link Ltd (2001) 208 CLR 167 Alphapharm Pty Limited v Smithkline Beecham (Australia) Pty Limited and Smithkline Beecham Laboratories (Australia) Limited and Minister of Family Services (1994) 32 ALD 71 McHattan and Collector of Customs (1977) 18 ALR 154 Water Administration Ministerial Corporation v Wear [2017] NSWCATAD 24 Category: Principal judgment Parties: Water Administration Ministerial Corporation (First Applicant) Mangit Singh & Mukhtiar Singh (Second Applicants) Gaven Wear & Rohan Wear (Respondents) Representation: Counsel: A Cassar (First Applicant) P Tomasetti SC (Second Applicants) G Wear (Respondents)