MP Stephen Pty Ltd v Chief Executive, Primary Industries Corporation

MP Stephen Pty Ltd appealed against decisions of the Chief Executive, Primary Industries Corporation (DPI) relating to the imposition of certain conditions on the renewal of Waterworks Licences for Oakey Creek. The licenses in question allowed the diversion of water for irrigation and water harvesting purposes. The appeal focused on the conditions imposed on the licenses, particularly those related to water harvesting flow rates and volumetric entitlements. The court had to determine whether the conditions imposed by DPI were lawful and reasonable, considering the management of the water resource and the rights of the licensee. The court found that the DPI's approach, which involved a democratic process with user participation, was lawful and reasonable. The arrangements were designed to manage the water resource effectively, taking into account the available water supply and the needs of all users. The court allowed the appeals and varied the conditions of the licenses to align with the new guidelines implemented by DPI, which included volumetric entitlements and the installation of meters to monitor water use.