Conviction and fines for unapproved water works

A Bathurst man has been convicted and ordered to pay $11,000 in fines and legal fees for illegally operating a dam without approval during severe drought and bushfires.

The Natural Resources Access Regulator (NRAR) investigated a property in the Upper Lachlan Shire and found the dam to be in breach of the Water Management Act. The dam was being used to store water for irrigation purposes without the necessary water supply work approval.

NRAR Director Investigations and Enforcement, Lisa Stockley said the offence occurred early 2020, during a time when the area was affected by intense drought, which increased the potential harm to the environment and impact on other water users.

“Operating a dam without a water supply work approval when our water sources were already under severe pressure is a serious offence,” Ms Stockley said.

“Water is a limited resource and regardless of drought, fires or floods, we will continue to focus our efforts on unlawful activities that cause harm to the environment and other water users.”

Dams that are not used solely for stock and domestic purposes mostly require a water access licence, a water supply work approval, and a water use approval.

As the leaseholder of the property, the Bathurst man pleaded guilty and was convicted of one offence under section 91B of the Water Management Act 2000 for using a dam without a water supply work approval. He was fined $6,500 and ordered to pay half of the fine to NRAR, with additional legal costs of $4,500.

“The recent judgment highlights how important it is for water users and landholders to understand their legal obligations when it comes to operating a dam,” Ms Stockley said.

“We will take strong action against those who willfully and substantially break the rules.”

In giving judgment in the Bathurst Local Court, Magistrate Ellis noted the importance of water laws in Australia as the driest continent. Her Honour acknowledged that there is now a greater appreciation in the public mind that water is a limited resource.

Visit NRAR's investigation and enforcement page for more information about its other prosecutions.