Ord River irrigators’ water dispute upheld By Jeremy Fisher, Kingfisher Law
After five years’ litigation, the State Administrative Tribunal of Western Australia has renewed Ord Irrigation Co-operative’s (OIC’s) water licence at the historic annual level of 335 gigalitres, without reduction. The case has wide implications for water licensing in Western Australia, including for: • procedure in the Tribunal’s review jurisdiction;
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• application of statutory provisions for renewal of licenses under the Rights in Water and Irrigation Act 1914 (WA) (RiWI Act); • calculation of water entitlements attached to licences; and • the application of water management plans and recoupment policies.
The water licence decision
On 26 June 2020, the Tribunal delivered its decision in Ord Irrigation
The Overflow - Winter 2020
Co-operative v Department of Water and Environmental Regulation [2020] WASAT 68. Under WA legislation, an affected person has the right to seek a Tribunal review of many government decisions including, in OIC’s case, water licence renewal. In such proceedings, the Tribunal is required to review the government decision and make a fresh ‘correct and preferable’ decision on the merits of the case. This approach was not followed by the Tribunal when it first heard OIC’s
