Enforceable undertaking (EU) guidelines
If a company or individual has been found to have breached water laws in a significant manner, they may propose to NRAR that they enter an enforceable undertaking as an alternative to court action. An enforceable undertaking is voluntary but legally binding.
NRAR will consider the nature and seriousness of the breach and the compliance history of the party when deciding whether the enforceable undertaking is likely to achieve the most effective regulatory outcome. It will not be accepted if we consider it is not the most appropriate regulatory response to the circumstances of the case.
NRAR has prepared guidelines for those wanting to propose an enforceable undertaking. The guidelines explain enforceable undertakings, their purpose, factors that will be taken into account in deciding to accept an enforceable undertaking, and possible terms of any negotiated enforceable undertakings.
To propose an enforceable undertaking, please contact us via eucoordination@nrar.nsw.gov.au.