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Enforceable undertakings

Lower Namoi irrigator, Pian Jabiru Pty Ltd

Benefits for the community

A fish release was part of an enforceable undertaking (EU) agreed to by NRAR after significant over-extraction of groundwater by Pian Jabiru, an irrigator from the region.

Thousands of native fingerlings have now been released into the Namoi River at both Narrabri & Wee Waa.

The Golden perch fingerlings  were supplied by Narrabri Fish Farm, which specialises in four native fish species - golden perch, Murray cod, eel-tailed catfish and silver perch. - Funding for the release was provided from the EU.

The golden perch were released at multiple sites along the river to maximise survival rates.

Fish stocking can help create new fisheries or increase existing ones, improve the quality of recreational fishing and bring longer term benefits for the surrounding environment and our unique biodiversity.

Pian Jabiru’s enforceable undertaking is on our public register.

Background

A private company, Pian Jabiru Pty Ltd which has more than 30 years' experience in the farming industry owns and operates a 1,239-hectare property in the Lower Namoi area of north-western NSW.

The company grows cotton, wheat, barley, and corn.

The company has water licences and a water approval to operate five bores to irrigate its crops. Water is pumped from the at risk Lower Namoi Groundwater Source.

The company has approval to pump a combined amount of 1,600 megalitres of water per year (known as a bore extraction limit) through the bores.

Bore extraction limits help protect complex and fragile groundwater sources from contamination and depletion while preventing the aquifer from deteriorating. Over-extraction can also affect groundwater-dependent vegetation and ecosystems.

Between 2018 and 2020, the total water pumped from the company’s four bores (one bore was inactive) allegedly exceeded the 1,600 megalitre bore extraction limit by 584.8 megalitres.

NRAR detected the alleged overextractions in a desktop audit of the company’s water allocation account. When notified of the potential breaches, the company worked with NRAR to assist its investigations.

The offences

The alleged over-pumping occurred from the bores between 1 July 2018 and 30 June 2020, potentially breaching Section 91G of the Water Management Act 2000 by exceeding the terms and conditions of approval for the bores.

The undertaking

Pian Jabiru Pty Ltd proposed an enforceable undertaking (EU) as an alternative to other enforcement action such as fines, stop-work orders, charges for the water unlawfully taken or prosecution. The undertaking included:

  • forfeiting the equivalent amount of alleged water improperly pumped (584.8 megalitres)
  • contributing $15,000 towards a fingerling fish stock and placement for the local river to recompense the community for any potential environmental harm caused
  • reimbursing NRAR $10,000 to cover costs of investigation and monitoring the undertaking
  • installing new metering and telemetry equipment on all company bores

The EU commenced in June 2022.  All equipment must be installed within 6 months of commencement and the company must report to NRAR on its compliance within 7 days of installation.