Environment Protection Authority v Rashleigh. País/Territorio Australia Tipo de la corte Nacional - corte superior Fecha Jul 30, 2004 Fuente UNEP, InforMEA Nombre del tribunal Court of Appeal of the Australian Capital Territory Sede de la corte Canberra Juez Gray, Connolly and Marshal. Número de referencia [2005] ACTCA 42 Idioma Inglés Materia Agua, Cuestiones jurídicas, Agricultura y desarrollo rural Palabra clave Derechos tradicionales/derechos consuetudinarios Captación de agua Derechos de agua Resumen The appellant and his wife were Crown lessees and installed a water bore. Later in that year legislation was passed which required a person to obtain a licence for a bore. The appellants right to access the water was however preserved. It was held that even if the right to extract water was one of the bundle of rights that go to make up property, the imposition of a regime to regulate access to underground water does not amount to an acquisition of that property. The prohibition or control of use is not the same thing as an acquisition. It is not enough that the legislation adversely affects or terminates the pre-existing right. The appellants rights were not interfered with. Texto completo COU-156948.pdf