We may issue Penalty Notices (PNs) for a substantial breach of the Water Management Act 2000. These breaches usually do not warrant prosecution.
Before issuing a PN, we will consider a variety of factors, including:
- the seriousness of the offence
- whether the breach is of a technical nature only
- the environmental and community impact
- the degree of responsibility of the alleged offender
- any prior breaches of the legislation.
To help understand the types of offences that may result in a PN, we have published some case studies.
Case studies
Illegal rock banks on the Macintyre
Rock block banks built across a river on the NSW-QLD border were at the centre of a breach of NSW water laws.
Landholder ordered to restore creek area
A landholder in the Lismore LGA engaged a contractor to unlawfully remove vegetation and soil along a stream.
Illegal dam used for irrigation
Case study on the use of satellite imagery to detect an illegal dam being used for irrigation in Woolgoolga.
Logbook breach
A landholder near Walgett received multiple penalty infringement notices for failing to keep appropriate logbooks.
Overdrawn accounts
Two water access licence holders near Wentworth have been issued penalty infringement notices for taking water that they had not ordered
