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31/10/05Spotted History of the EDO1 A Spotted Legal History of the EDO (WA) Have a go! No go! A fair go!

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Presentation on theme: "31/10/05Spotted History of the EDO1 A Spotted Legal History of the EDO (WA) Have a go! No go! A fair go!"— Presentation transcript:

1 31/10/05Spotted History of the EDO1 A Spotted Legal History of the EDO (WA) Have a go! No go! A fair go!

2 31/10/05Spotted History of the EDO2 1. Have a go!! First injunction: Oct 1994 EDO formed: Oct 1995 Justice Templeman: Full Court – 1997

3 31/10/05Spotted History of the EDO3 2. NO GO!! Environmental Water Allocations

4 31/10/05Spotted History of the EDO4 “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.

5 31/10/05Spotted History of the EDO5 Water Consumption Water Corporation newspaper advertisement: 8 May 2004

6 31/10/05Spotted History of the EDO6 State of the water resource Gnangara Mound superficial aquifer depletion; 1979 – 2004

7 31/10/05Spotted History of the EDO7 Defining water availability !!

8 31/10/05Spotted History of the EDO8 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

9 31/10/05Spotted History of the EDO9 3.A fair go!! - The Law of Standing Wheeler J in Re MacTiernan; ex parte Coogee Coastal Action Coalition, 06/2005 –Paragraph 6: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


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