Original language
English
Country
Australia
Date of text
Status
Unknown
Type of court
National - higher court
Sources
Court name
Court of Appeal of the Australian Capital Territory
Seat of court
Canberra
Reference number
[2005] ACTCA 42
Files
Justice(s)
Gray, Connolly and Marshal.
Abstract
The appellant and his wife were Crown lessees and installed a water bore. Later in that year legislation was passed which required a person to obtain a licence for a bore. The appellants right to access the water was however preserved. It was held that even if the right to extract water was one of the bundle of rights that go to make up property, the imposition of a regime to regulate access to underground water does not amount to an acquisition of that property. The prohibition or control of use is not the same thing as an acquisition. It is not enough that the legislation adversely affects or terminates the pre-existing right. The appellants rights were not interfered with.