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 SUPREME COURT OF QUEENSLAND

REGISTRY: BRISBANE

NUMBER:

APPLICANT:                                           DARLING RIVER ACTION GROUP INC.

                                                                AND

FIRST RESPONDENT:                             DIRECTOR-GENERAL, DEPARTMENT OF

                                                                    NATURAL RESOURCES & ENERGY

APPLICATION FOR REVIEW AND FOR A STATUTORY ORDER OF REVIEW

 Application to review the decision of the Respondent made on a date unknown purportedly under s.40(B) of the Water Resource (Warrego, Paroo, Bulloo and Nebine) Plan 2003 to grant, deal with or sell 8,000 ML of unallocated water from the Upper Warrego Water Management Area and the Lower Warrego Management Water Management Area ("the decision").

THE APPLICANT IS AGGRIEVED BY THE DECISION BECAUSE –

 (a) the Applicant is an incorporated association which has as its objective the improvement of the health of the Darling River in terms of water flow, water quality and riverside environment;

(b) the Darling River is a major downstream tributary of the Warrego River and the flow of water in the Darling River will or may be affected by the decision under review;

(c) the Applicant has a special interest in the environmental health of the Darling River and, therefore, in the decision.

THE GROUNDS OF THE APPLICATION ARE –

 A breach of the rules  of natural justice happened in relation to the making of the decision.

 Particulars

(a) The decision was purportedly made pursuant to s.40(b) of the Water Resource (Warrago, Paroo, Bulloo and Nebine) Plan;

(b) there is an obligation upon the Respondent when making a decision under that provision to provide natural justice to persons who will or may be adversely affected by a decision to sell unallocated water) of natural justice happened in relation to the making of the

Application for a Statutory Order of Review Environmental Defender's Office

Level 9, 193 North Quay

BRISBANE QLD 4000

Form 54 Rule 566

Ph: (07) 321 1 4466

Fax (07) 321 14655                              

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 (c) the Respondent did not inform the Applicant, by advertisement or otherwise, that he was considering making a decision to sell the unallocated water and did not give the Applicant an opportunity to make submissions as to why the sale should not occur.

TIIE APPLICANT CLAIMS –

1        An order setting aside or quashing the decision pursuant to s.30(1) and 41(2) of the Judicial Review Act 1991;

2        a declaration that the decision was unlawful pursuant to s.30(1)(d) and s.47(1) of the Judicial Review Act;

3        an order that the Applicant is to bear only it's own costs of the proceeding, regardless of the outcome of the proceeding pursuant to s.49(1)(e) of the

Judicial Review Act.

4. Such further or other orders as the Court considers appropriate.

TO THE RESPONDENT:

A directions hearing in this application land any claim by the applicant for an interlocutory order) will be heard by the Court at the time, date and place speciified below, If there is no attendance before the Court by you or by your counsel or solicitor, the application may be dealt with and judgment may be given or an order made in your absence. Before any attendance at that time, you may file and serve a notice of address for service.

APPOINTMENT FOR DIRECTIONS HEARING

Time and date: Place: Law Courts Complex, Comer George and Adelaide Streets, Brisbane Qld, 4000

Signed:

Dated:

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PARTICULARS OF THE APPLICANT:

Name:                                                  Darling River Action Group Inc.

Residential or Business Address:          118 Cornish Steet, 

BROKEN Hill

NSW 2880

Applicant's solicitor's name                  Jo Bragg

And firm name:                                   Environmental Defender's Office

Solicitor's Business address:                 Level 9,193 North Quay

BRISBANE QLD 4000

Address for service:                             As above

DX (if any):                                         N/A

Telephone:                                           (07) 3211 4466

Fax:                                                     (07) 3211 4655

E-mail address (if any)                         jbragg@edo.org.au

 Signed:

  Description:                                        Solicitorfor the Applicant

 Dated'.

This application is to be served on:      Director-General, Department of Natural Resources& water

Mineral House

41 George

Brisbane Q 4000