A Spotted Legal History of the EDO (WA)

1. A Spotted Legal History of the EDO (WA) Have a go! No go! A fair go! Spotted History of the EDO

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

3. 2. NO GO!! Environmental Water Allocations Spotted History of the EDO

4. “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. Spotted History of the EDO

5. Water ConsumptionWater Corporation newspaper advertisement: 8 May 2004 Spotted History of the EDO

6. State of the water resource Gnangara Mound superficial aquifer depletion; 1979 – 2004 Spotted History of the EDO

7. Defining water availability !! Spotted History of the EDO

8. 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 Spotted History of the EDO

9. A fair go!! - The Law of Standing • Wheeler J in Re MacTiernan; ex parte Coogee Coastal Action Coalition, 06/2005 • 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 Spotted History of the EDO