Person v Chief Executive, Primary Industries Corporation

The Land Court in Brisbane heard an appeal against the decision of the Chief Executive, Primary Industries Corporation, to grant a waterworks licence for a dam on Rocky Creek. The appellants, riparian landowners, argued that the dam would significantly impact their already fragile water supply. The appeal centred on whether the dam's construction and operation would detrimentally affect the availability and sufficiency of water to the appellants, as required by the Water Resources Act of 1989.

The court needed to determine if the dam's operation, under the conditions specified in the licence, would adversely impact the water supply to the appellants. This required examining the dam's capacity, the flow conditions imposed by the licence, and the overall impact on the water resources in the region. The court also considered the appellants' concerns about their existing water supply and the potential for further deterioration due to the dam's operation.

The court found that the evidence overwhelmingly supported the view that the dam's operation, under the specified conditions, would not significantly affect the availability and sufficiency of water for the appellants. The court acknowledged that the appellants had a fragile water supply but concluded that the dam's capacity of 40 megalitres was insufficient to cause a measurable reduction in downstream water supply. The conditions imposed on the licence, including the requirement to maintain a downstream flow, were designed to mitigate any potential adverse effects. The court also noted that the appellants could pursue further enlargement of the dam through formal processes if necessary.

The court confirmed the decision of the Chief Executive to issue the waterworks licence to the licensee, Ms. Mellick, under the conditions specified in the Licence. The court found no basis to conclude that the respondent had erred in granting the licence.