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.
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 we take non-compliance 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
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 notices for failing to keep appropriate logbooks.
Overdrawn accounts
Two water access licence holders near Wentworth have been issued penalty notices for taking water that they had not ordered prior to
