Sargood v Chief Executive, Department of Natural Resources

The appeal in this matter was brought by Leonard E and Helen G Sargood against the decision of the Chief Executive, Department of Natural Resources, to grant Waterworks Licence No G 43994 to CD and JA Clift in respect of a compacted earth and rock embankment on Gumholes Creek. The Land Court was required to decide whether it had jurisdiction to hear and determine the appeal and, if it did, whether the appellants should be permitted to amend the notice of appeal by substituting more detailed grounds of appeal. The Court found that it did not have jurisdiction to hear the appeal as the appellants did not object to the waterworks licence application within the required timeframe, and therefore were not "dissatisfied persons" within the meaning of the Water Resources Act 1989. The Court also found that the appellants' rights were not protected by the Legislative Standards Act 1992 or the Acts Interpretation Act 1954. The appeal was ultimately struck out for want of jurisdiction.