Commens v Chief Executive, Primary Industries Corporation

Commens v Chief Executive, Primary Industries Corporation involves an appeal by CR and MJ Commens against a decision by the Chief Executive of the Primary Industries Corporation, who limited the water allocation for the appellants' properties under Licences Nos B87033 and B 87277 to 335 megalitres per water year, rather than the 520 megalitres the appellants had applied for. The appeal was heard in the Land Court of Queensland. The legal issue before the court was whether the Chief Executive had the authority to limit the water allocation and if the decision was just and equitable under the Water Resources Act 1989.

The court examined the statutory framework and found that the Chief Executive had the authority to limit water allocations to ensure fair and equitable distribution of resources, particularly in the context of declining groundwater levels. The court acknowledged the appellants' need for an increased allocation to maintain their irrigation enterprise, but also considered the need for conservation in the face of groundwater depletion. The court balanced the appellants' requirements with the need to protect the resource and existing allocations, ultimately deciding that a fair and equitable approach would allow for an increase in the allocation to 400 megalitres per water year.

The court allowed the appeal and varied the decision by substituting "400 megalitres per water year" for "335 megalitres per water year" in Condition 4.031 of each licence. The court ordered that the Department's file be returned to the Primary Industries Corporation.