A Spotted Legal History of the EDO WA

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A Spotted Legal History of the EDO (WA)

• Have a go!
• No go!
• A fair go!

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1. Have a go!!

• First injunction Oct 1994
• EDO formed Oct 1995
• Justice Templeman Full Court 1997

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2. NO GO!!

• Environmental Water Allocations

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Water Availability

• Gnangara Mound Water Level Monitoring Data
  Wanneroo

The dark blue line represents the water
level. The light blue line is the previous
year's level. The red line represents the EWP
water level criteria.
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Water ConsumptionWater Corporation newspaper
advertisement 8 May 2004
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State of the water resource
Gnangara Mound superficial aquifer depletion
1979 2004
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Defining water availability !!
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Adaptive Allocation Regime

• To see on-going and increasing levels of
  non-compliance with environmental conditions
  while levels of groundwater abstraction for
  public and private purposes remain unchanged
  raises questions about the DoEs response under
  the existing conditions. Changing abstraction
  rates is likely to be necessary in the short-term
  but a more adaptive and responsive water
  allocation regime is essential in the
  longer-term.
• EPA, August 2005, re Gnangara Mound

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A fair go!! - The Law of Standing

• Wheeler J in Re MacTiernan ex parte Coogee
  Coastal Action Coalition, 06/2005
• Paragraph 6
• Wheeler Js real concern
• Templeman J in Re WAPC ex parte Sth Fremantle /
  Hamilton Hill Residents
• Security for costs
• Undertaking as to damages