Martin v Chief Executive, Primary Industries Corporation

Martin v Chief Executive, Primary Industries Corporation is an appeal against a decision to reduce the water allocation authorised by the Waterworks Licences Nos. R-05238 and R-33687 from 147 megalitres to 80 megalitres. The appellants, Ernest Ross Martin and May Ross Martin, argue that the decision is contrary to the applicants' understanding of the Commission's and the Minister's published opinions, places a contingency upon the prospect of success of a leaseholding entered into with another, and is based too much upon expediency, as opposed to the reasonable justice of the measures usually adopted by the Commissioner. The legal issues in the case are whether the respondent acted with procedural fairness and whether the respondent improperly exercised his power in reducing the nominal allocation to 80 megalitres.

The court found that the rules of natural justice were complied with and that the appellants were given ample opportunity to be heard. However, the duty of the respondent extends further than that. It clearly extends to giving consideration to all relevant matters. The court found that although the respondent regarded lack of water use as the principal and overriding criterion, he took other things into account. He gave some consideration to the alleged promises made by the regional engineer in 1991. Again in considering the effect of the lease of the farm, he indicated that some arrangement might be made. The court found that the Chief Executive had ample reason to make a reduction in water allocation, however, in the circumstances of this case, a reduction to 100 megalitres would be more appropriate.

The appeal is allowed, and the decision of the Chief Executive is varied and the water allocation authorised by Waterworks Licence Nos. R-05238 and R-33687 is reduced from 147 megalitres to 100 megalitres.