River Clyde Irrigation Rights Order 2005 (TAS)

The River Clyde Irrigation Rights Order 2005 was made by the Minister for Primary Industries and Water in Tasmania under section 75 of the Irrigation Clauses Act 1973. The order was published in the Tasmanian Government Gazette on 18 August 2005 and it took effect on the day it was notified. The order specifies the irrigation rights of various landowners in the River Clyde Irrigation District, identifying the property, the owner or occupier, the amount of water allocated, and the source of the allocation.

The primary legal issue in this case was the allocation of irrigation rights to various landowners in the River Clyde Irrigation District, as required by the Irrigation Clauses Act 1973. The court was tasked with confirming the validity of the allocations as specified in the order and ensuring that they were consistent with the provisions of the act. The order itself outlines the specific irrigation rights for each property, including the property identification number, the owner or occupier, the amount of water allocated, and the source of the allocation.

The court reviewed the River Clyde Irrigation Rights Order 2005 and confirmed its validity. The allocations detailed in the order were found to be in compliance with the requirements of the Irrigation Clauses Act 1973. The court determined that the specified irrigation rights were correctly assigned to the relevant landowners, taking into account the property identification numbers, the owners or occupiers, the water allocations, and the sources of the allocations. The order was thus upheld as a legitimate exercise of the powers granted under the act.

The River Clyde Irrigation Rights Order 2005 was upheld as a valid order under the Irrigation Clauses Act 1973, confirming the irrigation rights of the landowners as specified in the order. The allocations of water were deemed consistent with the provisions of the act, and the order was found to be a lawful exercise of the Minister’s powers.