Decision Date: October 27, 1999

Panel: Jane Luke, Harry Higgins, Helmut Klughammer

Keywords: Water Act – ss. 1, 9, 12, 39, 41(1); stream; changes in and about a stream; works; water licence; authorization; offence; removal of works

This was an appeal of a decision of the Water Manager refusing the appellant’s application for a water licence on Richards Spring, and ordering that the appellant’s unauthorized works at the Spring be removed and that it be restored to its natural state. The appellant sought an order overturning the decision, granting him the water licence, and allowing him to retain the dug out pond and intake that he had constructed at the Spring.

The Panel agreed with the Water Manager that the drainage system of which Richards Spring is a part, and which includes a creek downstream of the Spring that was fully recorded with water licences pre-dating the appellant’s application for a water licence, had insufficient water to support a licence to the appellant. The Panel also found that it was reasonable for the Water Manager to order removal of the appellant’s works, although it noted that the long delay in processing the appellant’s original application for a licence was unacceptable. The Panel found however that the delay could not negate the reasons for refusal of the licence or for the requirement to remove the works.

The Panel confirmed the decision of the Water Manager. The appeal was dismissed.