A NSW Government website

Enforceable undertakings

If a company or individual has been found to have breached water laws in a significant manner, they may propose to NRAR that they enter an enforceable undertaking to remedy the breach as an alternative to court action. An enforceable undertaking must propose actions to address the conduct and acknowledge the breach of the Water Management Act 2000. An enforceable undertaking is legally binding.

NRAR will consider the nature and seriousness of the breach and the compliance history of the party when deciding whether the enforceable undertaking is likely to achieve the most effective regulatory outcome. An enforceable undertaking will not be accepted unless NRAR considers it is the most appropriate regulatory response and is in the public interest.

Download the NRAR Enforceable Undertaking Guidelines

To draft an enforceable undertaking, use this template.

Case studies

Pegela Pty Ltd

Read about the local community benefits.

Pegela Pty Ltd enforceable undertaking

PGH Bricks and Pavers

Read about how unlawful water was repurposed.

PGH Bricks enforceable undertaking

Maules Creek Coal

Read about the environmental benefits.

Satellite map of Maules creek.