Donjon Pty Ltd v Chief Executive, Department of Natural Resources and Mines

[2002] QLC 31

LAND COURT

BRISBANE

1 May 2002

Re: Appeal against Water Resources Act 1989

against decision of the Chief Executive,

Department of Natural Resources and Mines

to change the use of a bore to industrial use.

(A2002-0017)

Donjon Pty Ltd

v.

Chief Executive, Department of Natural Resources and Mines

J U D G M E N T

1. This is an appeal by Donjon Pty Ltd against the change of purpose of its Waterworks Licence No. 96117A to “industrial”.  The Licence under appeal issued at Ayr on 14 January 2002.  It attaches to land described as Lot 86 on CP 867364 in the Parish of Selkirk, County of Gladstone. 

2. Consequent upon the issue of a Court Notice setting this matter down for hearing in Ayr on 16 April 2002, the parties conferred and have come to agreement on the matter.

3. On 11 April 2002, a General Application signed by both parties was lodged with the Court.  That application seeks a consent determination in accordance with a two paged document titled Draft Licence No. 96117A. 

4. With the consent of the parties, this appeal is allowed.  The decision of the Chief Executive is varied by substituting in lieu of the licence dated 14 January 2002, the two paged Draft Licence No. 96117A, a copy of which is appended hereto.   

CAC MacDONALD

MEMBER OF THE LAND COURT