In Shaw v The Minister Administering the Water Management
Act 2000, the Land and Environment Court upheld an appeal by a
landholder against a decision by the Minister to refuse that
landholder's application for a water supply work approval for a
leaky dam.
Facts
In May 2010, Mr & Mrs Shaw constructed a dam on their
property for domestic purposes. The dam, which had a capacity of
4.5 megalitres and which was fed from a small watercourse to the
north, was situated to the west of the ridgeline on the Shaws'
property. The neighbour's property was situated east of this
ridgeline.
In June 2011, a geotechnical engineer, who has been engaged by
the neighbour, prepared a report to the effect that the dam was
leaking into the neighbour's property, damaging pastures and
making parts of the property untrafficable. This report led to an
investigation of the dam by NSW Office of Water and, at this time,
the Shaws lodged the application for a water supply work
approval.
