Precautionary principle and its application to water catchments

Introduction

The Victorian Civil and Administrative Tribunal (VCAT) has recently delivered a leading decision on the application of the precautionary principle to the protection of proclaimed water catchments. This legal update summarises the decision of Rozen v Macedon Ranges Shire and Western Water [2009] VCAT 2746.

Background

In 2003 Maurice and Esther Rozen (Permit Applicants) applied for a permit to develop four dwellings on land in Woodend (Land). The Land had a total area of 72.35 hectares and was divided into four existing Crown Allotments which each had their own Certificate of Title. A separate dwelling was proposed to be constructed on each of the four allotments, three of which abutted the upper reaches of the Campaspe River with the fourth being approximately 250 metres from its closest point.