Elliot v Chief Executive, Department of Natural Resources

The appeal by Kent and Lorraine Elliot against the Chief Executive, Department of Natural Resources, to grant Waterworks Licence No 59227 to Ian Allen was heard in the Land Court in Brisbane. The Elliots, owners and occupiers of Portion 55 in the Parish of Glastonbury, appealed the decision on grounds including the lack of an "environmental flow" allowance in the licence, potential degradation of water quality in Jerry Creek, insufficient water availability for another licence on the creek, and inequitable distribution of water. The court examined each ground of appeal, considering the statutory context and factual basis for the grant of the Waterworks Licence. The court concluded that the Chief Executive's decision was supported by the evidence and that the terms of the Waterworks Licence sufficiently addressed environmental concerns. The court found that the Elliots had not demonstrated that the granting of the licence would result in significant environmental detriment or that there was insufficient water in Jerry Creek to support another licence. The appeal was dismissed, and the decision of the Chief Executive to grant Waterworks Licence No G-59227 to Ian Allen was confirmed.