January 2022
Background
Leppington Pastoral Co Pty Ltd (LPC) operates a dairy farm located at The Northern Road at Oran Park in Sydney’s south-west. The property is in in the South Creek catchment.
The property has three large capacity dams that can hold around 1,680 megalitres (ML) of water, which is an amount that could fill 672 Olympic-sized swimming pools.
The dams were constructed in the 1980s.
Irrigation to grow dairy feed has occurred at the property over recent decades, with irrigation water use estimates varying between 1,000 and 2,000 ML annually.
LPC did not hold a water access licence (WAL) for the water take or a water management works approval for the dams and pumps.
On 17 October 2019, after NRAR’s intervention, LPC obtained the necessary Works Approvals and a zero share Water Access License.
On 20 May 2020, LPC purchased its initial water allocation for the site.
The offences
LPC faced potential prosecution under Sections 60A and 91B of the Water Management Act 2000 (WM Act). The breaches included:
- taking water without an access licence
- constructing or using a water supply work without an approval
The undertaking
Negotiations began in early October 2021 and an LPC offer was accepted by NRAR in November of the same year.
The $425,000 undertaking is one of NRAR’s largest EUs to date and included:
- $300,000 for water take
- $100,000 for NRAR’s legal and investigation costs
- a $25,000 donation to Landcare for work on South Creek
- complementary works with timeframes to restore South Creek
- removal of one of the large dams with timeframes, returning 990 megalitres of water to South Creek
There are several community benefits from the enforceable undertaking:
- benefits to the South Creek corridor, through both a donation to Landcare for revegetation work along South Creek and restoration of an area alongside South Creek in Oran Park
- the removal of one of the dams on the site will return water to South Creek
- LPC will make a substantial payment for water allegedly taken unlawfully.
The Leppington Pastoral Company enforceable undertaking is on the NRAR website public register.