17th November 2025
The Nature Conservation Council NSW (NCC) has welcomed the passing of the Water Management Legislation Amendment (Stronger Enforcement and Penalties) Bill 2025, describing it as a historic step to protect rivers, wetlands and communities across NSW.
The new laws give the Natural Resources Access Regulator (NRAR) stronger enforcement powers and massively increase penalties for illegal water take, sending a clear message that stealing water will no longer be treated as a cost of doing business.
"Water theft undermines trust in our water system, harms communities and damages ecosystems that depend on every drop," NCC Chief Executive Officer Jacqui Mumford said.
"This bill is laser-focused on where water theft is happening - the big end of town. There are 39,000 water licence holders in NSW, but just 400 of them take 65% of the water. And of those 400, a majority - 57% - are large irrigation corporations, agribusinesses and mining companies. There are no mum-and-dad farmers in this group. These are big players who need real deterrents."
A landmark case investigated by NRAR in 2020 shows why the changes were needed. A major agribusiness was caught taking massive volumes of water without approval. The company was fined just $102,693.50 under the laws at the time. Under the new legislation, the penalty would have been closer to $10 million - reflecting the true scale of the offence.
"For too long, small fines for stealing massive volumes of water were a minor cost of business for powerful companies. Those days are over," Ms Mumford said.
"This is a game-changer for water justice in NSW. When penalties are strong enough to strip away unlawful profits, we protect the rights of all water users and the health of our rivers."
The NCC said the new laws are a win for the environment, communities, and honest farmers who do the right thing.
"Strong laws, fair enforcement, and real penalties mean our water can finally be managed for the public good - not exploited for private gain," Ms Mumford said.
These changes to enforcement alongside the recent cease to pump rules shows this government is taking water management seriously. NCC strongly recommends that the NSW Government ensures NRAR is adequately funded and resourced to enforce the law.
