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Media Release - Department of Water and Energy Date: 19 May 2009 FAILURE TO REMOVE ILLEGAL DAM COSTS PORTLAND PROPERTY OWNER $8,800 The NSW Department of Water and Energy today welcomed the conviction of Craig Charles Stewart for failure to comply with a direction to remove an unlawful dam on Pipers Flat Creek, Portland.
“This conviction demonstrates the importance of people being aware of their legal and environmental responsibilities when undertaking activities within NSW water courses,” said David Harriss, NSW Deputy Director General of Water Management.
Lithgow Local Court imposed a fine of $3,800 on Mr Stewart for failure to comply with an order to remove an illegally constructed dam across Pipers Flat Creek. Mr Stewart was also ordered by the Court to pay $5,000 in legal costs.
“In 2006 Mr Stewart constructed a dam across Pipers Flat Creek without holding a valid permit or licence to do so,” Mr Harriss said.
Mr Stewart was ordered to remove the illegal dam, but failed to do so and was subsequently charged under the Water Act 1912.
“The dam detrimentally affects the flow of water in the creek impacting a neighbouring property’s water supply and has resulted in environmental harm through bank erosion in the vicinity of the dam.”
“The creek on which the dam was built is part of the Hawkesbury-Nepean Catchment and is a major river in the Sydney basin.”
Mr Harriss said Mr Stewart’s actions, particularly his failure to comply with the direction to remove the dam, has impacted on a downstream property owners’ ability to provide stock water and in heavy rainfall soil and rock has been washed down from the dam.
“This case highlights the need for individuals to comply with directions issued to them by the Department. Individuals who wish to construct a dam are reminded to make sure they obtain and hold a valid approval whenever the legislation requires them to do so.”
Mr Harriss said recent amendments to the Water Management Act 2000 have increased the maximum penalties for failure to comply with a direction to $1.1 million for a corporation and $247,500 for an individual with additional daily penalties for each day the offence continues.
“The NSW Government is monitoring water use and in-stream activities closely to ensure this precious natural resource is shared fairly and is environmentally sustainable. The government will take legal action against people who break the law,” Mr Harriss said.
To confidentially report suspected illegal water related activities, contact the NSW Department of Water and Energy via free call 1800 633 362 or email watercompliance@dwe.nsw.gov.au
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