The Minns Labor Government is cracking down on water theft with the toughest enforcement powers in NSW history, arming the Natural Resources Access Regulator (NRAR) with new civil penalties of up to $10 million.
For the first time, NRAR will be able to pursue serious breaches of water laws through a natural resources civil penalty regime, giving the Land and Environment Court the ability to impose serious, meaningful penalties on those who steal our state's water.
This is about building a fairer NSW. Labor is making sure our precious water resources are protected for the communities, farmers and environments that rely on them, not exploited by a small number of corporations and individuals who think they can take what isn't theirs.
The new bill gives NRAR greater flexibility to take action either through either civil penalty proceedings or criminal prosecutions, meaning water thieves can be held to account.
This stands in stark contrast to the former Liberal/National Government, whose failure to protect our precious water saw billions of litres go missing under their watch.
For the worst breaches, the Court will be able to impose maximum civil penalties of almost $10 million for corporations and almost $5 million for individuals.
That's a huge step up from what's currently available under criminal proceedings, where the maximum penalties sit at about $2 million for corporations and $500,000 for individuals.
New offences will be introduced for:
- Providing false or misleading information to the NSW Government or an NRAR authorised officer.
- Hindering, intimidating or obstructing an authorised person appointed to complete unfinished works in a direction issued to a landholder.
- Receiving a financial benefit from an offence or contravention proven to have been committed by a related corporation.
- Removing, altering or interfering with something seized by NRAR in connection with a contravention.
The reform will also:
- Introduce a new charge for when a person takes water without an approval, or not in accordance with one.
- Improve NRAR's ability to obtain a monetary benefits order from a court to recover the financial gain from unlawful water takers
- Confirm that NRAR officers are authorised to use drones to exercise their powers of entry.
- Expand suspension and cancellation grounds for licences and approvals.
- Empower courts to prevent a convicted person from holding a licence or approval.
- Enable NRAR to recover some of its costs directly from a person who is given a compliance direction
These changes ensure fairness for the majority of water users who operate lawfully, clarify NRAR's powers and functions, and ensure our water laws continue to evolve alongside the complex and changing nature of non-compliance.
Minister for Water Rose Jackson, said:
"Labor is sending a clear message: if you steal water in NSW, you will be held to account.
"Most water users do the right thing, but it is vital we provide the regulator with all the tools it needs to do its job properly.
"As Minister for Water, I am committed to the protection and independent oversight of our precious water resources.
"A nearly $10 million civil penalty will act as a strong deterrent and send a powerful message to would-be wrongdoers, particularly corporations, that water theft will not be tolerated in New South Wales."
NRAR Chief Regulatory Officer, Grant Barnes, said:
"NRAR is a firm but fair regulator. Our investigations are thorough and tailored to the circumstances of each case.
"We take action when it's warranted - and the changes in this Bill strengthen our ability to respond proportionately and decisively to breaches of water law.
"Water users and communities expect a regulator that is effective and equipped to act. Our ability to safeguard water use and protect the environment from those who choose to take water unlawfully has just been strengthened.
"The penalties for water theft should not be a minor inconvenience or just part of doing business. These reforms close critical gaps in the system, ensuring that those who choose to break the rules face serious consequences."
