Purcell Family Partnership v Department of Natural Resources and Water
[2006] QLC 66
•12 October 2006
LAND COURT OF QUEENSLAND
CITATION: Purcell Family Partnership v Department of Natural Resources and Water [2006] QLC 66 PARTIES: Purcell Family Partnership
(appellant)v. Chief Executive, Department of Natural Resources and Water
(respondent)FILE NO: A2004/0037 DIVISION: Land Court of Queensland - General Division PROCEEDING: An appeal against the Review Decision of the Chief Executive, Department of Natural Resources and Water dated 22 December 2003 in relation to Water Licence Application 77491 DELIVERED ON: 12 October 2006 DELIVERED AT: Brisbane HEARD AT: The Papers MEMBER: Mr JJ Trickett, President ORDERS: 1. The appeal is allowed.
2. The Chief Executive issue a licence for the taking of underground water from Isaac River Alluvium under land described as Lot 3 on RP 843017, RN111783 for the purpose of irrigation with a nominal entitlement of 410 megalitres per water year, subject to the following conditions:
1.01 The licensee must notify the Chief Executive of any new or additional works through which water under this water licence is to be taken, prior to taking the water from these new or additional works. The notification must be given in writing and if the new or additional works require development approval, this notification must include details of the relevant development permit(s).
1.10 The water year shall be from 1 July to 30 June.
1.40 The licensee must commence the taking of the water authorised under the water licence within two (2) years from the date this water licence is given.
3. There be no order as to costs.
CATCHWORDS: Water licence application - appeal against review decision - appeal allowed by consent - water licence for purpose of irrigation granted subject to conditions - Water Act 2000 SOLICITORS: McInnes Wilson Lawyers for the appellant
Legal Counsel, Legal Services, Department of Natural Resources and Water for the respondent
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