This case deals with the issue of standing under the Water Act 1989 (Vic)

Mr Paul applied under section 64(1) of the Water Act 1989 to review a decision of Goulburn-Murray Rural Water Corporation (GMW) to grant a groundwater licence under section 51 of the Water Act.

GMW contended that Mr Paul had no standing to bring the application for review and argued that he must demonstrate that his interests (in the sense of an actual benefit accruing to him) were affected by the decision to grant a licence.

The Tribunal found that Mr Paul's specific circumstances entitled him to standing to seek a review of the decision.

The tribunal found that a liberal interpretation should be adopted of an applicant’s interests and whether they are affected but standing is not unlimited. An interest must still be established greater than that of the general public's interest in sustainable use of water. Merely objecting does not create standing. The applicant need not prove their interconnectedness to the matter at hand but standing can be determined by some prima facie assessment of the decision under review, the particular circumstances of the applicant, and the grounds of review.

The substantive proceedings have yet to be heard (current as at 1 September 2009).

This decision is available on Austlii.

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