Event and Time
Event Description
The case involves an appeal by Geoffrey Hugo Barker (the Applicant) against the approval granted by the Water Administration Ministerial Corporation (WAMC) for flood mitigation works proposed by Mr. Paul James Snape and the Snape Farming Co Pty Limited (Second and Third Respondents) at properties known as “Bareese” and “Golden Acres”, located near Curlewis, NSW.
Application and Claims
The appeal concerns three controlled flood works termed Works 1, 2, and 3, which were previously granted consent by the Natural Resource Access Regulator (NRAR). The Applicant contends that the approved works would adversely impact water flows and agricultural productivity at his adjacent property, “Boonery Park.”
Judicial Decisions
The hearing proceedings began on September 9, 2021, and after a site inspection were resumed on April 12, 2022. The dispute was resolved through a judicial review process which allowed the court to assess the application de novo, resulting in the approval of the proposed works with conditions aimed at mitigating potential environmental impacts.
Dispute Points and Legal Basis
Dispute Points
- Applicant’s Arguments:
- The approved works would alter water flow across “Golden Acres,” “Baresse,” and “Boonery Park.” - Alterations would adversely affect the Applicant’s crops and land. - Asserted that the earthworks were constructed without approval. - Claimed inaccuracies in the description of the approved works in the application.
- Respondents’ Arguments:
- Asserted compliance with criteria set out in the Water Act. - Presented expert evidence supporting that proposed works would not have significant negative impacts on water flow or the environment. - Proposed conditions to mitigate any potential water flow disruptions.