A Spotted Legal History of the EDO (WA) by historyman

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									           A Spotted Legal History
              of the EDO (WA)

                                               • Have a go!
                                               • No go!
                                               • A fair go!




31/10/05          Spotted History of the EDO              1
              1. Have a go!!




• First injunction: Oct 1994
• EDO formed: Oct 1995
• Justice Templeman: Full Court – 1997
 31/10/05         Spotted History of the EDO   2
                  2. NO GO!!
           Environmental Water Allocations




31/10/05            Spotted History of the EDO   3
                 “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.
 31/10/05                    Spotted History of the EDO         4
            Water Consumption
 Water Corporation newspaper advertisement: 8 May 2004




31/10/05            Spotted History of the EDO           5
       State of the water resource




           Gnangara Mound superficial aquifer depletion; 1979 – 2004

31/10/05                      Spotted History of the EDO               6
       Defining water availability !!




31/10/05         Spotted History of the EDO   7
       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 DoE’s 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

31/10/05                Spotted History of the EDO   8
               3. A fair go!!
            - The Law of Standing
• Wheeler J in Re MacTiernan; ex parte
  Coogee Coastal Action Coalition, 06/2005
     – Paragraph 6:
     – Wheeler J’s real concern
• Templeman J in Re WAPC; ex parte Sth
  Fremantle / Hamilton Hill Residents
     – Security for costs
     – Undertaking as to damages

31/10/05            Spotted History of the EDO   9

								
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