A NSW Government website

How we ensure compliance

How we operate and investigate

We approach investigations on a case-by-case basis. We use our discretion to determine the appropriate response.

We are a risk-based regulator. We prioritise investigating cases that could cause the most harm to the environment or the community.

It takes technology, diligence and smart data to investigate potential non-compliance.

What prompts an investigation?

Investigations can be prompted by:

The lifecycle of an investigation

Follow an NRAR investigation from detection to prosecution.

How are investigations conducted?

Once a matter has been assessed, an investigator gathers further evidence.

Our investigators have the power to enter premises and gather evidence. They can require an individual or company to provide records and answer questions relating to an investigation.

Some of the tools in our state-of-the-art technology suite that assist us in our investigations are:

  • satellite and spatial imagery
  • drones
  • acoustic profiler boats
  • flow meters

We might also visit sites to inspect and collect evidence and interview farm owners and managers. We may engage experts to assist in these processes.

What happens if a breach is uncovered?

Gathering and submitting evidence takes time. So, we may put interim measures in place to avoid ongoing harm. This can include a stop work order or a direction to remove a work. These stay in place while the investigation continues.

Where there is evidence of a breach, we decide on an appropriate enforcement action based on:

  • The degree of harm to the environment, community or individual.
  • The responsibility of the offender and their compliance history.
  • The attitude of the offender and whether they’re willing to cooperate and comply.
  • The level of public interest.

We respond to breaches of water laws in a number of ways. We aim to do more than apply a punishment. First, we ensure that users know the rules and why they exist. This approach encourages them to take the rules seriously and helps prevent future breaches of the law.