JUDICIAL REVIEW — Water Sharing Plan for Lower Murray Groundwater Source made by Minister pursuant to s 50 Water Management Act 2000 and the linked Water Management (General) Amendment (Lower Murray) Regulation 2006 substantially reduce former water extraction entitlements of farmer licence holders — whether Plan and Amending Regulation invalid — whether mandatory for Minister when making the Plan to consider a sound and reliable hydrogeological numeric model to calculate sustainable use and recharge and whether Minister failed to consider that matter — whether Minister when making the Plan had regard to a prohibited irrelevant consideration being an inter-governmental agreement's targeted reductions in water entitlements — whether Plan's adoption of a specified extraction limit was irrational or manifestly unreasonable because the hydrogeological model on which it was based was fundamentally flawed and because the zones in it were hydrogeologically separate from the rest of the water management areas — whether Minister under a duty to have due regard to socio-economic impacts of the proposed Plan and whether breached duty by not assessing socio-economic impacts in a formal study or at the farm-by-farm level or in other respects — whether Plan bad in form because, contrary to 2000 Act, it failed to deal with the requirements for water extraction under access licences — principles of judicial review — admissibility of expert evidence in judicial review proceedings.
Case Details
Citation[2013] NSWLEC 73
CourtNSWLEC
JurisdictionNew South Wales
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