Torney & Anor v Grampians Wimmera Mallee Water

The case of *Torney & Anor v Grampians Wimmera Mallee Water* concerned a dispute between the Torneys, who were landowners, and Grampians Wimmera Mallee Water, a water corporation. The Torneys sought to restrain Grampians Wimmera Mallee Water from entering their land to construct and maintain a pipeline. The matter came before the High Court of Australia.

The central legal issue before the High Court was whether Grampians Wimmera Mallee Water had the statutory power to enter the Torneys' land for the purpose of constructing and maintaining a pipeline, notwithstanding the Torneys' objections. This involved an interpretation of the relevant provisions of the *Water Act 1989* (Vic) and the common law rights of landowners.

The High Court considered the scope of the powers conferred upon water corporations by the *Water Act 1989* (Vic). It was held that the Act granted Grampians Wimmera Mallee Water a broad statutory authority to construct and maintain water supply works, which included the power to enter private land for such purposes. The Court reasoned that this statutory power, being for a public purpose, necessarily displaced the common law right of a landowner to exclude others from their property. The Court emphasised that the legislative intent was to facilitate the provision of water services, and this required the water corporation to have the necessary access rights.

The High Court dismissed the Torneys' appeal, upholding the statutory powers of Grampians Wimmera Mallee Water.