Prosecution starts for alleged repeated unlawful pumping during drought

The Natural Resources Access Regulator (NRAR) has started a prosecution against irrigators from the Snowy-Monaro region after they allegedly breached the conditions of their water licence 16 times in 34 days.

The offences to be heard in the NSW Land and Environment Court are alleged to have occurred between November 20 and December 23, 2019, during a period of intense drought.

The amounts allegedly taken totalled more than 107 megalitres (ML).

NRAR will allege the irrigators pumped water on 16 occasions when daily flows in the Murrumbidgee River at the Billilingra gauge near Bredbo were significantly less than 27 ML. This breached the conditions of their water licence which stipulates they can’t pump when the river is that low.

NRAR Director Investigation and Enforcement, Lisa Stockley, said the allegations highlighted the importance of water users knowing and following the conditions of their water licence which are detailed on the NSW Water Register.

“The Billilingra river gauge is one of many across the state which continuously monitors water flow in rivers and streams,” Ms Stockley said.

“The data can be used by water licence holders to determine when they can pump. If river levels fall below a certain level, pumping must stop,” Ms Stockley said.

“It is the responsibility of the landholder to know and act on the data relevant to their licence – in this case WaterNSW provides real time data on WaterInsights.

“It’s particularly concerning that these offences are alleged to have occurred at the time when the entire region was struggling with the dry conditions including communities, the environment and other water-users.

“Clearly there’s much more water around now, and even too much in some areas, but water users must still know and follow the rules that apply to them. The rules are always important. Even when there is lots of water, it needs to be shared and accurately measured.”

NRAR started the investigation as a result of a public tip off. The case is listed for mention in the Land and Environment Court on February 3.