NSW Fines for Unauthorized Water Take and Interference with Metering Equipment

Water Management Legislation Amendment (Stronger Enforcement and Penalties) Bill 2025

25 Nov 2025: Passed by Parliament and signed off by the governor.

This bill kicks in: TBA

Legislative Council

Legislative Assembly

Assent

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Topics

natural resource regulation water management water rights water sources

Introduced by: The Hon Rose Jackson (ALP); Rose Jackson MLC (ALP); The Hon Steve Whan MP (ALP)

Links to official parliament websites

Official page: progress through parliament

Official page: bill text and explanatory notes

Effects of this bill

If this bill passes, it means that:

People face Tier 2 penalties for taking water without a valid access licence allocation.
Aquifer interference approval holders face Tier 2 or Tier C penalties for activities not authorised by their approval.
Fines apply to anyone who damages or disconnects water management metering equipment.
Co-holders of an access licence or approval are vicariously liable for civil penalties.
Authorised officers must give a receipt within 24 hours of seizing an item.
The Water Minister can direct how forfeited items are disposed of.
The Land and Environment Court settles disputes over financial assurances.
The Natural Resources Access Regulator can appeal criminal sentences to the Court of Criminal Appeal.

News articles and press releases

Water Management Legislation Amendment (Stronger Enforcement and Penalties) Bill 2025

The Hon. ROSE JACKSON, Minister for Water — 2025-06-26

Key to improving deterrence is introducing a civil penalty proceedings regime. This is a first for natural resource management laws in New South Wales. It is also a new tool for NRAR. As the independent regulator, NRAR responds to noncompliance using the regulatory tools that best fit the circumstances of the case—without any interference from me. If water was taken unlawfully, NRAR could respond using the full force of the criminal law, prosecuting the alleged offender through the courts using criminal procedures, proving beyond reasonable doubt that water was taken unlawfully and branding the offender a water criminal. Alternatively, NRAR could issue a fine, but there is a big difference between initiating criminal proceedings and issuing a corporation a $15,400 fine. The civil penalty proceedings introduced in this bill will bridge this gap and give NRAR an added alternative.