Hutchins Pastoral Co Pty Ltd v The Minister administering the Water Management Act 2000

The plaintiffs, Hutchins Pastoral Co Pty Ltd, sought a review of a decision made by the Minister administering the Water Management Act 2000, challenging the calculation of their water entitlements under their water access licences. The plaintiffs argued that the calculation of their entitlements was incorrect due to a formula used in a Water Sharing Plan for the Lower Murrumbidgee Groundwater Sources 2003. They sought a correction to the calculation, asserting that the properties to which their licences relate were not amalgamated, and that the correction was possible if the volume of each entitlement was listed in a schedule to the Water Management (General) Regulation 2004.

The court was required to interpret the relevant legislation and determine whether the list of entitlements in the schedule was a rebuttable presumption subject to the correct application of the calculation formula prescribed by the Water Sharing Plan. The plaintiffs argued that the calculation of their entitlements was incorrect because the properties were not amalgamated, and the correction was possible if the volume of each entitlement was listed in the schedule. The Minister contended that the properties were amalgamated, and the calculation of the plaintiffs' entitlements was correct.

The court found that the properties were not amalgamated, and the calculation of the plaintiffs' entitlements was incorrect. The court held that the list of entitlements in the schedule was a rebuttable presumption, and the correct application of the calculation formula was necessary to determine the entitlements. The court held that the plaintiffs were entitled to a correction of their entitlements, and the decision of the Minister was quashed.

The court ordered that the Minister review the calculation of the plaintiffs' entitlements and determine the correct volume of each entitlement in accordance with the Water Sharing Plan. The court also ordered that the Minister provide the plaintiffs with a written explanation of the calculation of their entitlements and the reasons for the correction.