Minister Administering the Water Management Act 2000 v Sharkey

The Minister Administering the Water Management Act 2000 (NSW) (the Minister) appealed to the Court of Appeal of New South Wales against a decision of the Land and Environment Court concerning the conversion of a water access licence. The dispute centred on the classification of a water access licence held by Mr Sharkey, which had been converted from a licence issued under the repealed *Water Act 1912* (NSW) to a licence under the *Water Management Act 2000* (NSW). The classification of Mr Sharkey's licence depended on whether it permitted the taking of water from a "regulated" or "unregulated" part of the Murray River, as defined by the latter Act.

The primary legal issue before the Court of Appeal was the interpretation of the phrase "the upper limit of the storage of Hume Dam" as it appeared in the *Water Management Act 2000*. This phrase was critical in determining whether the Murray River, for the purposes of Mr Sharkey's licence, was to be considered "regulated" or "unregulated" downstream from that point. The Minister contended for a particular interpretation of this geographical marker, while Mr Sharkey argued for a different understanding.

The Court of Appeal considered the ordinary and natural meaning of the statutory language. It found that the phrase "the upper limit of the storage of Hume Dam" referred to a specific physical location, being the highest point to which water could be stored within the Hume Dam. The Court rejected the Minister's submission that practical considerations or the intended purpose of the legislation justified a departure from this plain meaning. The Court concluded that the Land and Environment Court had correctly interpreted the statutory provision.

Consequently, the Court of Appeal granted the Minister leave to appeal but dismissed the appeal, ordering the Minister to pay Mr Sharkey's costs of the application for leave and the appeal.