Water NSW v Edwards [2017] NSWCATAD 249

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Water NSW v Edwards [2017] NSWCATAD 249 Hearing dates: 2 June 2017 Date of orders: 14 August 2017 Decision date: 14 August 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 Dosanjh Investments Pty Ltd and Golden Eagle Berry Farms Corporation Pty Limited of Lot 262 DP 751383 for a 150mm centrifugal pump on the Orara River for water supply for farming and irrigation purposes should be granted, for a period of five years subject to the conditions set out in paragraph 46 of these reasons. Catchwords: Inquiry into desirability of grant of a surface water licence - transfer of licence - construction of 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: Water Administration Ministerial Corporation v Wear [2017] NSWCATAD 172 Category: Principal judgment Parties: Water NSW (First Applicant) Dosanjh Investments Pty Ltd (Second Applicant) Golden Eagle Berry Farms Corporation Pty Limited (Third Applicant) John Edwards on behalf of Clarence Environment Centre Inc (First Respondent) Douglas McGregor (Second Respondent) Wendy Hedge (Third Respondent) Alan & Glenys Wallbridge (Fourth Respondents) Robyn Cooke (Fifth Respondent) Walter J & Annette M Murray (Sixth Respondents) Rebecca & Aaron Elks (Seventh Respondents) Gary Cropper (Eighth Respondent) Enid Connors (Nineth Respondent) Representation: Solicitors: M Keane (First Applicant)