Water NSW v Edwards
[2017] NSWCATAD 249
At a glance
Source factsCourt
NCAT Administrative and Equal Opportunity
Decision date
2017-06-02
Before
Walter J, Adam J
Source
Original judgment source is linked above.
Judgment (12 paragraphs)
H Dosanjh, Agent (Second and Third Applicants) Self-represented (Various Respondents) File Number(s): 2016/00378472
REASONS FOR DECISION
- Dosanjh Investments Pty Ltd and Golden Eagle Berry Farms Corporation Pty Limited ("the Applicants") applied for a Surface Water Licence ("the Licence") under section 10 of the Water Act 1912 ("the Water Act"). The application relates to a 150mm centrifugal pump on the Orara River ("the Proposed Work"). The Proposed Work is for water supply for farming and irrigation purposes to be located on Lot 262 DP 751383 ("the Premises"). The Applicants own and occupy the Premises.
- The Water Administration Ministerial Corporation ("the Ministerial Corporation") initially considered the Application. However, various functions that were previously undertaken by the Ministerial Corporation are now undertaken by Water NSW. These functions include those under sections 10 - 12 of the Water Act.
- The Licence Application has been referred to the Tribunal pursuant to section 11(5)(a) of the Water Act. The function of the Tribunal is to inquire into the desirability of granting the Licence. If the Tribunal determines that the Licence should be granted, it must also recommend the period, terms, limitations and conditions to be applied to the Licence: section 11(6C) of the Water Act.