Prestidge v Department of Water and Environmental Regulation (WA)

COURT OR TRIBUNAL

State Administrative Tribunal of Western Australia

DATE FILED (OR FIRST HEARING DATE)

06/01/2022

LITIGATION TYPE

Project Approval - Adaptation

SUBJECT MATTER

Water

REVIEW TYPE

Merits review

SUMMARY

(Catchwords)

Water licensing - Licence to take water - Licence condition - Farm dam - Watercourse - Bypass flows - Winter take period - Whether condition consistent with water allocation plan - Whether condition practical to comply with - Annual water entitlement - Whether condition restricts taking of annual water entitlement - Sustainable diversion limit - Sustainable yield - Transitional flows - Shoulder flows - Ecological water requirements - River ecology - Ecological values - Social and cultural values - Downstream environment - Recreational users - Ecologically sustainable - Environmentally acceptable - Government policy-making - Application of policy - Consistently applied policy - Current and future needs for water - Public interest - Community consultation - Stakeholder engagement - Licence duration

CASE DOCUMENTS

Prestidge v Department of Water and Environmental Regulation (WA) [2023] WASAT 9