Park revamp funded from NRAR enforcement action

Driving into Hay just got a lot more interesting thanks to the transformation of a small park, made possible by the Natural Resources Access Regulator (NRAR).

The improvements were delivered by Hay Shire Council and are partly funded by an enforceable undertaking (EU) finalised by NRAR after a Carathool irrigator overdrew their water accounts.

Owners of the mixed cropping operation agreed to the legally binding agreement after overdrawing the accounts by 2,280 ML between October 2018 and November 2020 including a period of severe drought.

An $80,000 contribution to the park redevelopment was part of that agreement.

Among improvements to the Murray Street Park have been the addition of an eye-catching new Hay sign and installation of public art in the form of a trio of steel emus created by local company, Ruberto’s Engineering.

The funding has supported wheelchair accessible pathways, planting and pruning of trees, landscaping garden beds, and mulching of large areas, with a picnic table and a bin to follow.

NRAR Chief Regulatory Officer, Grant Barnes, said enforceable undertakings were designed to benefit the community and the environment.  

"They typically deliver real benefits to local communities and often this happens close to where the offending is alleged to have happened," Mr Barnes said.  

"We are delighted that this EU has resulted in real improvements to facilities for the people of the Hay Shire," he said.  

"We use EUs when a company or individual breaches NSW water laws in a significant way.  

“An EU is sometimes proposed to NRAR to remedy a breach as an alternative to court action."  

Mr Barnes said an EU should contain actions to address the rule breaking and to acknowledge the breach of the Water Management Act 2000 and was legally binding.  

"When we decide if an EU is the right course of action, we consider what happened, how serious it was and whether there is a history of rule breaking.    

“An EU will not be accepted unless NRAR considers it can deliver positive outcomes in the public interest in accordance with our guidelines."  

Five EUs were finalised in the 2021-22 financial year with a range of outcomes and conditions, such as the improvements to Hay Park and an environmental program for children at some remote western NSW primary schools.

Other enforceable undertakings are under consideration.