The decision by pastoral company November Foxtrot Sierra Pty Ltd to ignore the direction by The NSW Office of Water to remove an illegal dam on Nowlands Creek near Guyra has resulted in a conviction and fine handed down by Armidale Local Court last week.
The Magistrate found the company guilty of the charge, imposing a fine and costs totalling $58,824.
“Illegal dams can directly impact on licensed downstream water users, stock and domestic users and the environment by substantially reducing the volume of water flowing in Nowlands Creek,” said NSW Water Commissioner, David Harriss.
“Acts of this nature can put the livelihoods of individuals, rural communities and the environment at risk, especially during times of drought, as occurred in this case.
“This ruling shows that the community will no longer tolerate illegal water-related activities in New South Wales.”
Under the relevant legislation, companies can currently receive a maximum penalty of $22,000 for the offence and $11,000 for an individual. It should be noted that, in most cases, costs will also be ordered, which means a company can end up paying an even higher price for non-compliance.
However; under the provisions of the Water Management Act 2000 which will shortly apply across the State, the maximum penalty for the offence of failing to comply with a direction is $1.1 million for a company with continuing daily penalty of $132,000 and $247,500 for an individual with a continuing daily penalty of $66,000.
“The NSW Office of Water takes all allegations of water breaches seriously and will not hesitate to bring cases to court when warranted,” Mr Harriss said.
Anyone wishing to report suspected illegal water activities can do so confidentially on 1800 633 362 or email watercompliance@water.nsw.gov.au
