Garthe v Chief Executive, Department of Natural Resources

In the matter of Garthe v Chief Executive, Department of Natural Resources, the appellants, Aaron B Garthe and Ann M Bundesen-Garthe, sought an appeal against the decision of the Chief Executive to grant an increased water allocation for their property, "Ellerslie", located in Bowenville, Queensland. The Chief Executive had approved a new subartesian bore licence to replace a collapsed bore, but refused to increase the water allocation beyond its current level of 31 megalitres. The key legal issue in this case was whether the Chief Executive's decision to maintain the water allocation cap on the Lower Oakey Creek Alluvial Aquifer was justified under the Water Resources Act 1989.

The court examined the legislation and found that the Chief Executive had the power to control access to underground water supplies and was responsible for protecting the water resources of Queensland. The court also considered the Chief Executive's duty to manage, monitor, and review the water supply system in an area, as well as the need to consider relevant policies and community consultation when making decisions.

The court found that the Chief Executive had undertaken his responsibilities in a fair and reasonable manner by implementing the water allocation cap on the Lower Oakey Creek Alluvial Aquifer in consultation with the community. The court accepted the Chief Executive's evidence that the sub-aquifers of Oakey Creek and the Condamine River were hydrologically connected, and that further depletion of existing water resources would negatively impact surrounding property owners.

The court concluded that the Chief Executive's decision to maintain the water allocation cap was justified under the Water Resources Act 1989, and dismissed the appeal. The decision of the Chief Executive to retain the former annual allocation at 31 megalitres was confirmed.