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Penalty notices

Illegal dam used for irrigation

The offence

Satellite imagery has been used to detect and measure the enlargement of an irrigation dam near the town of Woolgoolga north of Coffs Harbour. The dam was cross-checked against licensing and approval data and found to be unlawful. The dam harvested water from a significant third order stream for use in intensive horticulture. The case began with a public tip off and was followed by site visits and further use of satellite and drone imagery to confirm that the dam was not compliant, and that water use was unlawful.

The outcome

Thousands of dollars in fines resulted from four penalty notices issued to the landholder who was also ordered to remove the dam wall to restore water flows in the creek. The landholder has expressed contrition for the offences and has undertaken to properly remediate the site. NRAR will monitor compliance to ensure all directions are followed.

The harm

Unlawful taking of water from a stream has potential to impact negatively on other downstream users and on the environment. In this case, considerable damage was done to the riparian zone of the creek as well as to natural stream flows and creek ecology. The creek was identified as a key fish habitat by Fisheries NSW. Investigators also noted pesticide pollution and this issue was referred to the Environment Protection Authority and may need further action.