The offence
NRAR took action against a landowner and contractor in relation to unlawful controlled activities at a property in the Lismore local government area. The landholder engaged the contractor to remove vegetation and soil along the fifth order stream without first obtaining approval. This included the removal of trees, shrubs and grasses in the riparian zone, and creating a stockpile of removed soil.
The outcome
The landholder and the contractor were issued with penalty infringement notices carrying thousands of dollars in fines. The landowner was also issued with a direction to remediate the waterfront land by hiring an aquatic habitat expert to work on reintroducing suitable vegetation to the area and small woody debris to improve fish habitat at the location. They were also directed to remove the stockpile of soil.
The harm
The removal of the vegetation at this location impacted on fish habitat and created the potential for erosion and destabilisation of creek banks in an area of high rainfall. The soil stockpile also created an extra erosion risk. NRAR's actions will benefit the creek environment and act as a reminder to seek permission before undertaking work in and around waterways.
In its simplest term waterfront land is defined as the bed of a waterway and the land 40m from the mean high bank. Undertaking work on waterfront land can threaten the health of the waterway, presenting risks to ecosystems and impacts on other water users up and down stream.
To protect our waterways, work on waterfront land that might alter water flows or lead to erosion are defined as controlled activities and require prior approval. Examples of controlled activities would be construction of retaining walls, buildings or crossings, and works that involve excavating or depositing of materials, such as vegetation removal, channel realignment and soil, sand or gravel extraction.
Approvals will contain conditions to minimise impacts on the waterway and adjoining land. It is an offence to carry out controlled activities without an approval and fines can be issued.
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.
Where a person, such as a contractor, causes, conspires or in some ways assists another person to commit an offence, that person can be liable to the same penalties as the person who engaged them.
Find out more about controlled activity approvals and NRAR’s regulatory response to non-compliance.