The offence
Rock block banks built across the Macintyre River on the NSW-QLD border were at the centre of a breach of NSW water laws. The banks had been built without approval to boost access to irrigation water for two nearby farms and had been in place for several decades when they came to the attention of NSW Fisheries and NRAR in 2020.
The outcome
The case was finalised in 2021 after one landholder admitted to building the bank in the riverbed near his property. He was issued with an order to remove it, and a penalty infringement notice for failing to obtain the required approvals. The second bank was built prior to the current owner of the property taking over and will be removed by NSW and QLD authorities when river conditions allow.
The harm
The rock block banks were impeding the migration of native fish especially during low-to-moderate flows. Murray cod, golden perch, silver perch, freshwater catfish, and many other smaller native species are known to migrate along this river. Fish undertake migrations for several reasons including reproducing, feeding and seeking refuge. Migration is a critical part of their lifecycle and essential for healthy fish populations.
Works constructed to take water from a river, lake or aquifer are termed ‘water supply works’ and include block banks, irrigation channels, pumps, water bores, dams, weirs and levees.
Approval is needed for these works to ensure they don’t harm water sources or the ecosystems dependent on them. Approvals also ensure the works don’t affect access to water by other water users by setting out conditions for the construction and use of the works.
It is an offence to construct or use water supply works without an approval. Find out more about water supply work approvals and which agency to contact to obtain an approval if needed.
When NRAR identifies works have been undertaken that may impact the health of a waterway we can issue a Direction to protect the water source from further harms. The Direction may include the requirement to undertake remediation works, such as removing structures, installing sediment and erosion controls or revegetating riparian areas.
It is an offence to not comply with such a direction issued by NRAR. Find out more about NRAR’s regulatory response to non-compliance.