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Water compliance

Monitoring and enforcing the law

Help stop illegal water activities

The NSW Government manages the State’s water resources to ensure our precious water is shared fairly and sustainably between water users including the environment.

While most water users do the right thing, some people illegally pump or divert water either without a licence or not in compliance with their licence conditions

Illegal water activities threaten the supply of legitimate water users and can damage the environment.

The NSW Government is working hard to prevent, detect and stop illegal water activities by:

better educating the community on the rules,
running targeted compliance operations using specialised investigation officers, and
enforcing tough penalties for offenders.

You can help stop illegal water activities by informing the Department of any suspicious activities, such as:

pumping from a stream during periods when pumping is not permitted,
water flow in a river suddenly stopping,
a dam or earthworks being constructed in a creek or river,
water being diverted from a creek or river,
healthy looking crops particularly during prolonged periods of banned pumping, and
water carriers replenishing from rivers or creeks.

To make a confidential report, please contact the Department on 1800 633 362 or send an email to watercompliance@dwe.nsw.gov.au.

The more information we have the better. Before submitting a report, please try to obtain the following details:

type of activity,
time, date and location of activity,
description, registration numbers and type of any vehicles or plant involved, and
any other information you think is relevant.

The information you provide could help stop illegal water use activities in your local area and ensure a secure, sustainable supply for you and your community.

Penalties

In NSW there are a number of offences for water theft under the Water Act 1912 and water theft, water use, and controlled activities under the Water Management Act 2000.

Under the Water Act 1912 the offences for water theft include:

Section 17B Failing to comply with a licence issued under Part 2 of the Water Act 1912.
Section 21B Constructing, erecting or using a work under Part 2 without, or in contravention of a licence.
Section 117I(b) Taking water from an unlicensed bore.
Section 117I(d) Taking water from a bore in contravention of the licence.

Maximum penalties for corporations are $22,000.
Maximum penalties for other persons are $11,000.

In the case of a continuing offence there are further maximum penalties for sections 17B and 21B. For corporations these are $2,200 for each day the offence continues and for other persons $1,100 for each day the offence continues.

You can get more information about the Water Act 1912 from the NSW legislation site.

Under the Water Management Act 2000 offences for water theft, use and controlled activities include:

Section 341 Unlawful taking of water
Section 342 Using water without a water use approval
Section 343 Constructing or using a water management work without a water management work approval
Section 344 Carrying out a controlled activity without a controlled activity approval

Maximum penalties for corporations are $275,000 and a further maximum penalty of $132,000 in the case of a continuing offence for each day the offence continues.
Maximum penalties for individuals are $132,000 penalty units and a further maximum penalty of $66,000 in the case of a continuing offence for each day the offence continues.

You can get more information about the Water Management Act 2000 from the NSW legislation site.