We may enter into an enforceable undertaking as an alternative to court proceedings or other potential charges.
If a company or a person significantly breaks water laws, they may suggest an enforceable undertaking to us (NRAR).
An enforceable undertaking is a legally binding agreement. It is between NRAR and the person or the company that proposes the undertaking.
An enforceable undertaking must offer actions to address laws that were broken. It must also acknowledge the wrongdoing. The specific activities outlined in the undertaking must be carried out. The activities may be substantial.
Before deciding to accept an enforceable undertaking, we review;
- the nature and seriousness of the broken laws
- the compliance history of the company or person.
We will only consider an enforceable undertaking if it's the best regulatory option. It must also serve the public interest.
Download the NRAR Enforceable Undertaking Guidelines
To propose an enforceable undertaking, please contact us via eucoordination@nrar.nsw.gov.au.
Case studies
Tahmoor Coal Pty Ltd
Compensation of $200,000 and a strict water monitoring and reporting regime are among the actions to be carried out by a mining company.
Illawarra Coal Holdings Pty Ltd
Mining company to contribute millions towards a community project after allegedly taking surface water without a licence over a five-year
Boggabri Coal Operations Pty Ltd
Miner to install meters and report on water use after allegedly unlawfully capturing surface water.
Lachlan Valley Farms
An almond farming enterprise in the Riverina avoided prosecution by self-reporting its non-compliance to NRAR.
Lower Namoi irrigator, Pian Jabiru Pty Ltd
North-western NSW irrigator and cotton grower enters EU with NRAR after allegedly exceeding their bore extraction limit from the Lower Namoi
Overdrawn account in Carrathool
This landowner ignored the rules by overdrawing their water account. Find out how NRAR responded with an enforceable undertaking.
Pegela Pty Ltd
Mayfield Garden enters EU with NRAR after allegedly operating bores without the correct approvals.
Leppington Pastoral Co Pty Ltd
Dairy Farm in South-West Sydney enters into significant EU with NRAR after alleged unauthorised dam construction and water take.
Maules Creek Coal Pty Ltd
Whitehaven Coal-owned mine to take steps outlined in EU with NRAR after unlawfully taking water.
PGH Bricks and Pavers Pty Ltd
Company enters EU with NRAR after capturing water without a licence. Read about how unlawful water was repurposed.
Nimbus 4 Pty Limited
Landholder enters an Enforceable Undertaking with NRAR after unapproved works impacted a watercourse.