NSW Court of Criminal Appeal upholds $252K fine for water law breach

In good news for the Natural Resources Access Regulator (NRAR) and the state of NSW an appeal against a landmark case was dismissed this month.

In 2020, following proceedings brought by NRAR, the Land and Environment Court imposed, among other penalties, a fine of $252,000 against a Moree-based company for constructing and using a channel to convey water without approval.

The company appealed that fine on 2 February 2022 and the NSW Court of Criminal Appeal dismissed the appeal.

Grant Barnes, Chief Regulatory Officer at NRAR said he was pleased the sentence was upheld because this was an important case for the water regulator.

“We are pleased with the Court's decision and that the fine was upheld,” said Mr Barnes.

“This is an important case for NRAR, not just because it is the largest fine we have secured in the court room to date, but because it sends an important message of deterrence to the defendant and the broader community about the importance of following the water management rules.”

In 2015, the company constructed an unlawful channel during a period of intense drought that was two kilometres long and, at its outside edges, 30 meters wide, to convey water pumped from the Macquarie River.

The offence has a maximum penalty of $1.1M.

The defendant claimed the fine of $252K was ‘manifestly excessive’ in its appeal.

The Court upheld the fine and found that the sentencing judge was, in the absence of sworn testimony, entitled to reach the view that the defendant had failed to show genuine remorse or contrition for constructing the channel.

“This judgment sends a clear message about consequences to those who seek to break the law. You will be held to account,” said Mr Barnes.

View the appeal judgment here.

To make a confidential report on suspected water misuse, visit NRAR’s website nrar.nsw.gov.au/suspicious-activities