We may issue penalty notices (PNs) for breaches of the Water Management Act 2000.

Penalty notices serve as a way to enforce the law quickly and effectively without resorting to lengthy legal proceedings.

Issuing a penalty notice

Before issuing a penalty notice, we carefully consider several factors including:

• the severity and potential consequences of the breach
• how the breach affects the environment and the community
• whether the offence was committed intentionally
• compliance history and attitudes towards compliance.

If you receive a penalty notice, you can apply to dispute your fine in court through Revenue NSW. Once you begin the court process, it will replace your fine and cannot be stopped. The matter will be decided by a magistrate in the NSW Local Court. It will be up to the court to determine the outcome. If you're found guilty, you may have to pay a penalty plus court costs and you may have a criminal conviction.

Tougher new consequences

From 20 September 2024, the amounts for penalty notices have increased. This adjustment is important for all stakeholders, not just water users. Water is a precious resource for everyone in NSW. It sustains our communities, ecosystems and industries.

The increased penalty amounts make it clear that non-compliance is taken seriously. A strong, independent regulator is crucial to enforcing the rules and applying penalties fairly.

Penalty amounts

For different offences, the penalty amounts range from:

• $3,000 to $7,700 for individuals

• $6,000 to $15,400 for corporations.

Prior to 20 September 2024, penalty notice amounts were set at $750 for individuals and $1,500 for corporations.

Examples of common penalty notices

Below are some examples of some commonly issued penalty notices and the amounts that apply.

Carrying out controlled activity, without, or otherwise than authorised by a controlled activity approval

• $3,000 individuals
• $6,000 for corporations

Taking water for which there is no, or insufficient, water allocation

• $7,700 for individuals
• $15,400 for corporations

Contravention of terms and conditions of an access licence

• $3,000 for individuals
• $6,000 for corporations

Taking water when metering equipment not working

• $7,700 for individuals
• $15,400 for corporations

A list of all the provisions of the Act and the penalty notice amounts that apply can be found in The Water Management (General) Amendment (Miscellaneous) Regulation 2024

Case studies