Enforceable undertakings

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;

1. the nature and seriousness of the broken laws
2. 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