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Paul v Goulburn Murray Rural Water Corporation

Country/Territory
Australia
Type of court
National - higher court
Date
May 22, 2009
Source
UNEP, InforMEA
Court name
Supreme Court of Victoria
Seat of court
Melbourne
Judge
Dwyer, M.
Potts, I.
Language
English
Subject
Water, Environment gen.
Keyword
Water abstraction Groundwater Groundwater recharge Potable water
Abstract
This case is a preliminary hearing with which the issue of Locus Standi under the Water Act 1989 is challenge by the Respondent. The Tribunal found that Mr Paul's specific circumstances entitled him to standing to seek a review of the decision. The tribunal found that a liberal interpretation should be adopted of an applicant’s interests and whether they are affected but standing is not unlimited. An interest must still be established greater than that of the general public's interest in sustainable use of water. Merely objecting does not create standing. The applicant need not prove their interconnectedness to the matter at hand but standing can be determined by some prima facie assessment of the decision under review, the particular circumstances of the applicant, and the grounds of review.
Full text
COU-156371.pdf