Decision Date: June 16, 2004

Panel: Alan Andison

Keywords:  Water Act: s. 40(7); stay application; transfer of appurtenancy

Joanne McClusky and Terry and Joyce Mulligan, on behalf of Area “A” Quality Water Association (the “Appellants”) appealed the decision of the Assistant Regional Water Manager, Land and Water BC Inc. (the “Regional Manager”) transferring the appurtenancy of two conditional water licences on Hotel Lake from the Garden Bay Waterworks District to the Sunshine Coast Regional District (the “Regional District”).  The Appellants requested a stay of the transfer pending a decision on the merits of the appeal.

The Board found that the Appellants raised serious issues about the decision.  In respect of the balance of convenience, the Board concluded that granting a stay would result in the Regional District being unable to meet existing water demands without being out of compliance with its licences and would delay the completion of a housing project, while denying a stay would result in no immediate threats to the environment.

The Board found that the balance of convenience weighed in favour of denying a stay of the Regional Manager’s decision.

The application for a stay was denied.