Harris v Mathieson (in his capacity as an authorised officer under the Water Management Act 2000 (NSW)

In the case of Harris v Mathieson, the plaintiffs challenged the validity of notices issued to them by the defendant, Mathieson, in his capacity as an authorised officer under the Water Management Act 2000 (NSW). The notices required the plaintiffs to provide certain information and documents as part of an investigation into their water access and use at two farms. The plaintiffs argued that the notices were an improper exercise of power by the defendant and sought to have them set aside.

The central legal issues before the court were whether the defendant was entitled to require the plaintiffs to furnish the stipulated information and documents and whether the information and documents were required for the purpose of ascertaining whether the plaintiffs had contravened identified conditions of the respective access licences. The court considered the statutory framework of the Water Management Act and the scope of the powers granted to authorised officers under the Act.

The court held that the defendant was not entitled to require the plaintiffs to furnish the information and documents as part of the investigation. The court found that the notices went beyond the purpose of determining compliance with the conditions of the access licences and were therefore an improper exercise of power. The court also found that the notices were not limited to the information and documents necessary to ascertain compliance with the conditions, but rather required a broad range of information that was not relevant to the purpose of the investigation. The court set aside the notices issued to the plaintiffs.

The court's decision underscores the importance of ensuring that the powers granted to authorised officers under the Water Management Act are exercised within the scope of the Act and for the purpose intended. The court also highlighted the need for authorised officers to carefully consider the scope and purpose of their investigations to avoid overreaching their statutory authority.