Timm v The Commissioner of Water Resources

Eric Joseph Timm and Judith Beth Timm appealed against the Commissioner of Water Resources' decisions to grant Waterworks Licenses to N.F. and E.A. Manwaring and G.A. Bucholz for water harvesting and irrigation purposes from Washpool Gully. The licenses expired on 31 July 1987 and 28 February 1988, respectively. The appeals were heard on 19 August 1985 and adjourned with specific conditions, one of which was the installation of meters on the pumps permitted with the licenses. The appellants sought further adjournments until March 1989 when they requested the matter be heard as soon as possible. The court questioned its jurisdiction to hear and determine the appeals as the licenses had expired. The court received submissions on the jurisdictional issue and decided that the licenses issued to Manwaring and Bucholz were issued following due process and inquiry under s. 12 of the Act. The appellants had the right to object and appeal the decision, and the court had jurisdiction to hear and determine the appeals.

The court considered the arguments of both parties and held that the licenses were valid from the moment of their issue. The court found that the licenses were renewed after their expiration, and the renewal constituted an extension of an existing license. The court held that the original licenses terminated with renewal, and the rights of the appellants terminated with them. The court concluded that the appeals should be struck out as the licenses had expired, and unprosecuted appeal rights terminate with the license. The appeals were accordingly struck out.