We may issue Penalty Notices (PNs) for a substantial breach of the Water Management Act 2000. These breaches usually do not warrant prosecution.
Before issuing a PN, we will consider a variety of factors, including:
- the seriousness of the offence
- whether the breach is of a technical nature only
- the environmental and community impact
- the degree of responsibility of the alleged offender
- any prior breaches of the legislation.
To help understand the types of offences that may result in a PN, we have published some case studies.
Case studies
Illegal rock banks on the Macintyre
Rock block banks built across a river on the NSW-QLD border were at the centre of a breach of NSW water laws.
![Unauthorised rock block banks built across the Macintyre River.](https://www.nrar.nsw.gov.au/__data/assets/image/0011/485138/pins-case-study-1-367-x-220.jpg)
Landholder ordered to restore creek area
A landholder in the Lismore LGA engaged a contractor to unlawfully remove vegetation and soil along a stream.
![Murray river early in the morning with river gum trees on both banks, NSW.](https://www.nrar.nsw.gov.au/__data/assets/image/0003/485139/pins-case-study-2-367-x-220.jpg)
Illegal dam used for irrigation
Case study on the use of satellite imagery to detect an illegal dam being used for irrigation in Woolgoolga.
![](https://www.nrar.nsw.gov.au/__data/assets/image/0005/509450/Illegal-Dam-Woolgoolga-generic.jpg)
Logbook breach
A landholder near Walgett received multiple penalty infringement notices for failing to keep appropriate logbooks.
![](https://www.nrar.nsw.gov.au/__data/assets/image/0007/509452/Log-book-breach-barwon-generic.jpg)
Overdrawn accounts
Two water access licence holders near Wentworth have been issued penalty infringement notices for taking water that they had not ordered
![](https://www.nrar.nsw.gov.au/__data/assets/image/0006/509451/Overdrawn-accounts-wentworth-generic.jpg)