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May 2006

Unlawful Taking of Water

Is an employer liable for acts of his employee conducted without the employer’s authority?  This issue was considered in the March 2005 decision of Murray Irrigation Limited v ICW Pty Ltd and Meares Nominees Pty Limited.

Farm Debt Mediation

The Farm Debt Mediation Act 1994 ("the Act") provides for mediation to take place before a creditor under a farm mortgage (which by definition must cover "farm property") may take enforcement action against a farmer who is in default under the farm mortgage.

Co-Held Water Access Licences

Co-held water access licences in part replace authorities for joint water supply schemes ("Authorities") under the old Water Act 1912. Under the old Act, one of a number of holders of an Authority could not exit the Authority without the consent of all of the other members. This has now changed for co-held access licences under the Water Management Act 2000 ("the Act") as a result of amendments to the Act effective in January this year which introduced Section 74 into the Act.

Was Clearing of Native Vegetation Permitted?

The December 2005 decision of the NSW Land & Environment Court in Hanwood Pastoral Co Pty Limited v Director General Department of Natural Resources is an example of the technical issues that can come into play in determining whether a developer (Hanwood) could clear certain native vegetation in accordance with a development consent for a rural residential subdivision given by the local council but nonetheless be in breach of the Native Vegetation Conservation Act 1997.

Newsletter R May2006.pdf

All Kemp Strang Briefs are intended to keep readers abreast of legal and firm developments current on issue of the Brief. They are not to be relied upon as a substitute for professional advice. Before acting on any specific matter please contact us.