The Land and Environment Court has fined a Moree company operating in Brewarrina $252,000 after it was convicted of constructing and using a channel to convey water without approval.
In the case brought by the Natural Resources Access Regulator (NRAR), the company was convicted for breaching Section 91B(1) of the Water Management Act 2000.
NRAR’s Chief Regulatory Officer Grant Barnes said the regulator does not choose to prosecute lightly. “In times of scarce supply, every drop counts, and we will continue to take strong regulatory action when required to deliver effective, transparent and accountable enforcement of our water laws,” he said.
The Honourable Justice Moore noted in his judgement that where a substantial enterprise has constructed unlawful works, it is necessary to send a strong deterrence message. “Whilst it is, clearly, not appropriate to impose a disproportionate penalty on the company for its offending conduct, I am satisfied that it is appropriate to have regard to the need for an element of general deterrence in the penalty which I am to impose,” he said.
The company must also publish a public notice outlining the judgement in The Land and the Moree Champion. The offence carries a maximum penalty of $1.1 million. An appeal against the sentence and publication order has been lodged in Land and Environment Court.
You can read the judgement here.
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