Burtenshaw v Warrubullen Drainage Board

In the case of Burtenshaw v Warrubullen Drainage Board, the appellants, Garry Frederick Burtenshaw and Rosemary Ann Burtenshaw, appealed against the assessment of rates by the Warrubullen Drainage Board under Section 9.48 of the Water Resources Act 1989. The assessment pertained to a specific parcel of land they owned and was issued for the six months ending 30 June 1994. The appellants argued that the rates imposed were excessive and inequitable as they did not believe their land received any benefit from the drainage works of the Board. They also contended that the basis of the rating and classifications applied was unfair and excessive.

The central legal issue was whether the Warrubullen Drainage Board, in making and levying rates, was required to consider the benefit received by the ratepayers. The appellants relied on Section 9.41 of the Water Resources Act 1989, which mandates that the Board must have regard to the benefit received or likely to be received by a ratepayer when determining the basis for rates. The Board, however, argued that they were operating under By-law No. 2, which was preserved by previous legislative acts and did not require them to consider the benefit to the ratepayer. The court found that the Board's method of assessment, as per By-law No. 2, was valid and that the Court lacked the jurisdiction to review the Board's decision on the grounds of equity or fairness. The appeal was dismissed, and the Board's assessment was affirmed.