Landholder and contractor fined for unlawful bore and water take

A Queensland-based earthmoving company and a landowner who contracted it to build several unlawful bores were both convicted and fined more than $30,000 and will pay $40,000 in associated legal fees.

The Natural Resources Access Regulator (NRAR) brought the case to the Tenterfield Local Court for offences that took place during a period of severe drought in 2019.

NRAR Chief Regulatory Officer Grant Barnes said NRAR keeps a close eye on watercourses and waterfront land to ensure activities undertaken there don’t cause harm to the community and environment.

“What we do in and around waterways can harm the environment. That’s why it's so important for landowners to apply for approval for any works before they start,” Mr Barnes said.

“These approvals often contain conditions to protect our watercourses and contractors need to be equally aware of the types of conditions that might apply.

“We use monitoring and investigative tools such as satellite imagery and drones to ensure landowners are following those conditions. If they don’t, they can expect to hear from us,” Mr Barnes said.

The landowner was convicted of one offence of using water without approval and two offences of constructing or using a bore without approval, facing $23,000 in fines. They were also ordered to publicise their offences in the local media.

The earthmoving company plead guilty and was convicted of four offences relating to the unlawful bores. It received a fine of $8,000 for one of these offences and no financial penalty for the other offences.

Both were ordered to make payments to cover NRAR's legal costs, with the landowner contributing $25,000 and the company a further $15,000.

Magistrate Prowse acknowledged the severity of the environmental harm caused given the actions occurred during severe drought.

Visit NRAR’s website for more information about its other prosecutions.