The Natural Resources Access Regulator (NRAR) has begun a prosecution against a Condobolin region farmer who allegedly pumped water from a creek when the meter wasn’t working, and in breach of licence conditions.
The farmer faces a total of six charges in Condobolin Local Court, including:
one count of taking water when the meter was not working
one count of taking water when the meter was not working, while having reasonable grounds to believe the meter was not working
three counts of contravening terms and conditions of water access licences
one count related to failing to supply documents to NRAR investigators (in breach of section 340A(1) of the Water Managment Act 2000)
The potential maximum penalty the Local Court can impose for the offences is $132,000.
The offences are alleged to have taken place between April 2022 and March 2024, involving water allegedly taken from Island Creek, a tributary of the Lachlan River.
NRAR will allege that the farmer took water on two occasions without having obtained an exemption to take water when the meter wasn’t working. NRAR will allege that the second offence was despite repeated reminders and warnings even though they knew that there was a requirement to report the faulty meter to WaterNSW within 24 hours of discovering it.
NRAR will further allege that the farmer also failed to place orders with WaterNSW before pumping, a breach of licence conditions.
NRAR Director Investigations and Enforcement Lisa Stockley said rules requiring reporting faulty water meters were taken seriously by the regulator.
“The purpose of the non-urban metering regulation is to ensure that water taken from our rivers and groundwater sources is accurately measured and accounted for,” Ms Stockley said.
“These rules are crucial to ensure everyone gets a fair share of the State’s water resources,” she said.
Ms Stockley said licence holders could continue to use the water while repairs were undertaken by submitting a section 91I exemption form.
“Once notified that a meter is not working, WaterNSW will email the customer an exemption authority with an expiry date and advice that the customer must follow very carefully,” she said.
“That advice includes, among other things, recording water take in a logbook while the meter is faulty and engaging a qualified person to repair or replace the meter.”
The matter ass listed for first mention on 6 May 2025 before the NSW Local Court at Condobolin.
Press Release (Natural Resources Access Regulator – NRAR).