NRAR starts prosecution over alleged offences near wetland
The Natural Resources Access Regulator (NRAR) has started a prosecution against an irrigator from the Kempsey region after a series of alleged offences near nationally significant wetlands.
NRAR brought the case to Kempsey Local Court for offences including two counts of building dams without approval, four counts of using dams without approval and six counts related to illegal excavations on waterfront land.
The alleged illegal dams have the combined capacity to hold approximately 165 megalitres of water - enough to fill 66 Olympic swimming pools.
The offences are alleged to have occurred within the Kempsey region between December 2017 and February 2021, including a period of very dry conditions.
The Clybucca estuary, including Aboriginal reserves, are near the property and make up a large network of reserved land containing nationally significant wetlands and Aboriginal cultural heritage
The matter came to the attention of NRAR after an anonymous tip off from a member of the public.
NRAR Director Investigation and Enforcement, Lisa Stockley, said the illegal building and use of dams for commercial irrigated agriculture could negatively impact the community.
"On top of that, the carrying out of illegal excavations (controlled activities) on waterfront land at this location also had the potential to cause environmental harm to wetlands near the property," she said.
“Healthy watercourses and waterfront land are vital to the community and environment, so landholders need to get approval before they do any work.
“The rules are there to prevent activities that could alter water flow or quality, destabilise beds or banks of waterways, cause erosion, disturb wildlife habitats and other damage.”
Ms Stockley said irrigated agriculture often included the largest water users within a particular region and NRAR would continue to focus on compliance in this area.
“We are particularly focusing on the Hunter, Murrumbidgee, Murray and Far North Coast areas of the state,” she said.
About 60 per cent of water taken in NSW is used by the irrigated agriculture industry.
The irrigated agriculture water entitlement in NSW is worth about $29 billion and produces around $3-4 billion annually.
The case was listed for mention in Kempsey Local Court on April 6, no plea was entered, and the matter has been adjourned to June 1, 2023.
