If someone takes water unlawfully, NRAR can charge them under section 60G and/or section 91O of the Water Management Act 2000. The amount can be as much as five times the value of the water taken.

Under section 60G, NRAR can also decide to debit a person’s water licence account by up to 5 times the volume of water taken unlawfully.

When section 60G or section 91O applies

We may apply a section 60G charge when someone takes water unlawfully under a licence.

A section 91O charge is similar to a section 60G charge, but for water taken unlawfully in connection with approval offences. This charge usually costs more than a penalty notice and is therefore a stronger deterrent.

If NRAR plans to use a section 60G or section 91O charge, we must tell the person in writing and consider any additional information they provide.

Method for valuing water taken unlawfully

The method for valuing water taken unlawfully is specified in the Water Management (General) Regulation 2025.

It is based on the average price of water in the NSW water market at the time when it was taken and the location it was taken from. The method uses multiple steps to determine the most representative average price based on the water trading data available.

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