Fisheries Officers Gain More Power to Search, Detain and Arrest; Fines or Jail for Buying Fish from Unauthorised Sellers or Trafficking Protected Species; New Rules for Water Sharing Plans and Bore Drilling
Water Legislation Amendment Bill 2026
1st House
2nd House
Assent
Topics
aquaculture commercial fishing criminal penalties environmental protection information sharing law enforcement police powers water management
Introduced by: The Hon Rose Jackson (ALP) — Minister for Homelessness, Minister for Housing, Minister for Mental Health, Minister for Water, Minister for Youth
Links to official parliament websites
Effects of this bill
If this bill passes, it means that:
Fisheries officers have more powers to investigate fishing offences. They can record interactions, use surveillance equipment, and request information from Transport for NSW about people, boats, or vehicles involved in offences.
Fisheries officers can detain and search vehicles if they suspect a fishing offence or illegal commercial fishing. People who refuse to comply can be fined up to 50 penalty units (2026: $5,500).
Fisheries officers can arrest people without a warrant in certain situations listed in the Act.
Fisheries officers can require people to produce records of the fish they possess, answer questions, or hand over items. People who fail to produce fish possession records can be fined up to 200 penalty units (2026: $22,000) for individuals or 1,000 penalty units (2026: $110,000) for companies.
Buying fish from an unauthorised seller is an offence. Individuals can be fined up to 200 penalty units (2026: $22,000) or jailed for 6 months. In serious cases, fines increase to 400 penalty units (2026: $44,000) and jail time increases to 12 months.
Trafficking in protected or high-value fish species carries a maximum penalty of 800 penalty units (2026: $88,000) or 10 years in jail for individuals, or 4,000 penalty units (2026: $440,000) for companies.
People who interfere with public water land leased for aquaculture can be fined up to 200 penalty units (2026: $22,000) for individuals or 1,000 penalty units (2026: $110,000) for companies, with higher penalties for repeat offences.
People who are not authorised agents can be fined up to 200 penalty units (2026: $22,000) for individuals or 1,000 penalty units (2026: $110,000) for companies if they collect or pay fishing fees for others for a reward.
If a person is on a boat identified as a commercial fishing boat, the law presumes they are engaged in commercial fishing activities.
The Minister for Water can extend water sharing management plans for up to 10 years if the Natural Resources Commission recommends it, or for 2 years without a recommendation.
The Minister for Water cannot create or extend a water sharing management plan without first considering and publishing a review report from the Natural Resources Commission.
The Natural Resources Commission must review water sharing management plans every 5 years. If the report suggests reducing water allocations, the Commission must explain if this is due to climate change and drought or better scientific knowledge.
The Minister for Water can change the expiry date of a management plan by up to 5 years, but only if the Minister for the Environment agrees.
The maximum term and renewal period for public water land leases used for aquaculture increases from 15 to 30 years. However, lessees are no longer automatically entitled to a first renewal.
Building or shutting down a water bore is banned unless the person has a bore driller's licence or a specific exemption. People with licences must follow all licence conditions or face penalties.
Old irrigation corporation licences for drainage or flood works are treated as official drainage or flood work approvals.
Legal proceedings for fishing offences must be started within 3 years.
The Minister for Water must return seized boats or vehicles to their owners if no legal proceedings start within 90 days.
News articles and press releases
Second Reading Speech, Water Legislation Amendment Bill 2026
Hon. Rose Jackson MLC, NSW Minister for Water — 2026-09-17
The Water Legislation Amendment Bill 2026 proposes targeted amendments to the Water Management Act 2000 to address issues relating to water management planning, the authorisation of irrigation corporations' historical water management works including flood works, and the licensing of water bore drillers.