Failure to check old meters ends in fines for Wee Waa farmer

Failing to ensure old water meters were working properly on three bores has resulted in fines totalling just under $25,000 for a Wee Waa farming enterprise.

Lidokew Pty Ltd was sentenced in the NSW Land and Environment Court this week on three charges under the Water Management Act 2000 for taking water when a meter wasn't working properly.

The company will pay a $8,333 fine for each offence and must lodge a public notice of the case's result in The Land and the North Western Courier newspapers.

The matter was brought to court by the Natural Resources Access Regulator (NRAR) for offences that occurred between January and April 2019 during the severe 2017-20 drought.

In her judgment, Justice Sandra Duggan said that the offences were at the "low end of the range of criminality" and were the result of "inaction" rather than deliberate activities.

"While the defendant should have ascertained the accuracy of the metering equipment as they are obliged to do in order to meet their obligations under the Water Management Act, the failure to do so was not a positive action, but inaction over a period of many years resulting in fair wear and tear rendering the meters inaccurate in the recording of water taken," she said.

However, Justice Duggan said the criminal conduct demonstrated in the case had a significant negative impact on the water management regime in NSW.

"I accept that the criminal conduct demonstrated in the proceedings undermines the efficient and equitable sharing or water and further undermines the capacity for sound future decision making with respect to future allocation of water.”

NRAR Director Investigation and Enforcement, Lisa Stockley, said the result sent two strong messages.

“The first is that it is the responsibility of the licence holder to regularly maintain and check the accuracy of the meters on their approved pumping equipment,” Ms Stockley said.

“It’s not enough to just presume everything is OK,” she said.

“Even more importantly, this judgment reinforces NRAR’s position that when people fail to accurately account for the water they use, there is a serious negative impact on the functioning of the whole water management system.”

Ms Stockley said public confidence in water regulation was underpinned by commitment to accurate measurement.

“Achieving our vision of sustainable and fair water regulation for NSW depends on it,” she said.

Read the full judgment