Purcell Family Partnership v Department of Natural Resources and Water

Purcell Family Partnership sought judicial review of a decision by the Department of Natural Resources and Water to refuse their application for a water licence. The dispute was heard and determined by the Queensland Land Court. The Partnership contended that the Department had incorrectly interpreted the Water Act 2000 in coming to its decision. The legal issues before the court were whether the Department's interpretation of the Act was correct, and whether the Partnership's application was otherwise valid. The court considered the statutory provisions of the Water Act 2000, and concluded that the Department's interpretation was incorrect. It found that the Partnership's application was valid and should be granted subject to certain conditions. The appeal was allowed, and the Chief Executive was directed to issue a water licence for the Partnership's use of 410 megalitres per water year, subject to a number of conditions including the requirement to notify the Chief Executive of any new or additional works through which water is to be taken, and to commence taking water within two years of the issue of the licence. There was no order as to costs.