Basinwood Pty Ltd v Chief Executive, Department of Natural Resources [1998] QLC 29

LAND COURT BRISBANE 12 MARCH 1998 Re: A97-59 An appeal from a decision of the Chief Executive, Department of Natural Resources - Water Resources Act 1989 Appellant: Basinwood Pty Ltd DECISION - JURISDICTION OF LAND COURT This appeal is from the decision of the chief executive, Department of Natural Resources, to transfer, renew and amend certain Waterworks Licences on the application by Esplanade Investments Pty Ltd; Elenium Pty Ltd; Darling Downs Piggery Pty Ltd and Danmeat Pty Ltd. On an application by the respondent chief executive, it is necessary to determine whether the Land Court has jurisdiction to hear and determine the appeal. The matter was called on for the hearing of the preliminary jurisdiction issue in Warwick on 3 December 1997. There was no appearance for the appellant at the hearing. However, a number of other appeals against the same decision were called on for hearing of the same preliminary issue and legal argument was heard on behalf of several joint appellants who opposed the application of the chief executive to have the appeals struck out for want of jurisdiction. The decision in those appeals, A97-57 and A97-58 by V.G. & M.A. Nicholls and Others is delivered today and the reasons, in part, are relevant to this matter. The evidence before the Court was that the appellant Basinwood Pty Ltd was not an objector to the application as advertised. The appellant is not the owner of land situated within the prescribed distance within which an owner of land has the right to object to an application about a subartesian bore, not on a watercourse. I found in the before-mentioned decision that the chief executive's decision was made on 29 August, 1997 in response to an application dated 25 March, 1997 which amended an earlier application made before certain amendments to the Water Resources Act 1989, on 9 December 1996. I also found that vested rights of appeal, if any, related to the legislation which came into effect on 9 December 1996. [1998] QLC 29 -- 1 of 2 -- 2 In this appeal I find that the appellant company had no right of appeal under the legislation which existed at the date of the chief executive's decision. The appeal is struck out for want of jurisdiction. RE WENCK MEMBER OF THE LAND COURT -- 2 of 2 --