Stevenson Finance Corporation v Commissioner of Water Resources

[1990] QLC 20

[1990] QLC 20

 

  LAND COURT,

BRISBANE

9th July, 1990

Stevenson Finance Corporation
  v.
  Commissioner of Water Resources

(A89-56)

D E C I S I O N

By consent the appeal is allowed and the decision of the Commissioner to grant licence No 43358 is varied as follows:

In the description of works - by deleting after the words "Height to top" the figure and letter "3.7m" and by substituting in lieu thereof "4m".

In the schedule of conditions - by inserting after condition 3.007 the following condition:

3.011The 4.m height of the authorised works is not to exceed EL48.16 as determined from the crest EL of the existing weir which is EL 46.16.

By deleting in condition 3.021 all the words following "to the satisfaction of the Commissioner".

By inserting the following additional words in condition 3.021:

"In the event that the applicant's assessment of the effect of the weir on outflows from the Culgoa River into Chinaman's Lagoon proves not to be correct, the Commissioner reserves the right to add a further term to this licence requiring the construction of a regulating structure on the outflow to Chinaman's Lagoon so as to ensure that the outflow of water to the Lagoon does not exceed the outflow that would have occurred prior to the construction of any works in the Culgoa River at the site or in the vicinity of the proposed weir.

Refer to Attachment 1.  "

2.

By adding the following attachment.

Attachment No 1  Table provided by H I D Stevenson (J Grabbe) on                  21 June, 1990.

River Height and Flow Relationship - Culgoa R at Cubbie Station.

Flow Rate M³/s    R L Cubbie Homestead Gauge Board                   R L Cubbie Weir Axis

48  162.830  162.110    
          *        59  163.155  162.435    
         **        94  164.200  163.320    
              > 115  164.890  163.840    

*
                   ** Taken from Nov 1989 Flood Event as gauged by WRC Hydrographers.

Member of the Land Court

LAND COURT,

BRISBANE

9th July, 1990

H.I.D. Stevenson
  v.
  Commissioner of Water Resources

(A89-47)

D E C I S I O N

By consent the appeal is allowed and the decision of the Commissioner to grant licence No 43391 is varied as follows:

In the description of works - By deleting the figure and letter "3.5m" after the words "Height to top" and by inserting in lieu thereof the figure and letter "4m".

In the schedule of conditions -  By inserting after condition 3.007 the following condition -

"3.011The 4m height of that part of the authorised works which is located in the main channel of the Culgoa River is not to exceed EL17.41m as determined from the WRCTBM, which is a nail in a bench at the base of a blazed coolibah tree near the boundary fence junction on the left bank of the Culgoa River at the site.  The level of the WRCTBM as installed is EL19.67m.

The height of that part of the authorized works which is located in the unnamed outbreak channel on the Left Bank of the Culgoa River shall be in accordance with plans and specifications as approved by the Commissioner under term, 3.021.  " 

By deleting condition 3.021 and by inserting the following condition -

"3.021The licensee shall provide plans and specifications for the works before construction is commenced for approval by the Commissioner so that occurrence of flow in the unnamed outbreak channel on the left bank of the Culgoa River is maintained in the same relationship to flow in the Culgoa River that would have occurred prior to construction of the works in the Culgoa River as already provided by the Commissioner.

Refer Attachment No. 2.  "

2.

By inserting after condition 3.021 the following condition -

"3.022The licensee shall construct, operate and maintain the works in accordance with the plans and specifications approved by the Commissioner.  "

By adding the following Attachment No. 2:

Water Height - Flow Rate Relationship for Design of Barneedoo Weir

Estimated WL            Estimated WL            Flow in River        Breakout Flow
  U/S of Breakout        At Weir Axis              U/S Breakout
   metres   metres   m³/s  m³/s   

16.08   15.66   10   0
   16.93   16.53   20   0
   17.54   17.14   30   0.5
   18.04   17.64   40   1.2
   18.45   18.04   50   2.7
   18.83   18.39   60   4.6
   19.20   18.71   70   7.1
   19.53   19.02   80   9.1
   19.90   19.42   90   13.4

*  Table assumes a "No Weir" situation.

**  No Stream gauging done at this site; Results based on May 1988 Flood Heights.

Member of the Land Court