The Natural Resources Access Regulator (NRAR) has sought to clarify its position on the enforcement of water laws following a vote in the NSW Upper House.
The Legislative Council disallowed a law which allowed irrigators to harvest flood-plain water without a licence.
The disallowance motion did not ban the practice of flood plain harvesting but did create uncertainty for Murray-Darling water users, as legislation reverted back to the Water Act (1912) and the Water Management Act (2000).
Chief Regulatory Officer at NRAR, Grant Barnes said the Regulator would continue to investigate alleged water law breaches on a case by case basis.
“NRAR was established in 2018 as an independent, transparent and effective regulator responsible for the enforcement of water management legislation in NSW,” Mr Barnes said.
“Following the disallowance last month, we understand water users and landholders across the State are facing uncertainty regarding floodplain harvesting,” he said.
“Water management laws are complex, this is why NRAR approaches all investigations on a case by case basis, including assessing each individual landholder’s circumstances.”
Mr Barnes said NRAR’s regulatory priorities remained focused on unlawful water take rather than eligible structures which may be licensed within months.
“NRAR doesn’t make the law, we enforce it,” he said.
“As it currently stands, the law will be enforced in the event of serious, substantiated and wilful non-compliance.”
He said NRAR would consider the ambiguous environment the disallowance created during its investigations, alongside its key regulatory principles of severity, culpability and attitude to non-compliance.
Mr Barnes said that until floodplain harvesting licences were issued in July 2021, NRAR would continue to enforce the law.
He said most water users wanted to do the right thing and the Regulator would continue to work with those who may need assistance to become compliant.
