Compliance
What is State Water's role in relation to Compliance?
State Water is responsible and committed to monitoring and reporting non-compliance activities and must take appropriate action when a potential breach is identified.
State Water:
- reports to the NSW Office of Water (the Office) any circumstances in which it believes there might be non-compliance with NSW water legislation; and
- within its range of functions and interests, exercises conferred compliance powers, in particular, imposes statutory penalties for taking water illegally.
State Water's conferred compliance powers include:
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Minister may charge for water illegally taken
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section 60G refers to the penalties that can be imposed for extracting water illegally. Penalties can include a monetary penalty of five times the value of the water taken or account debiting five times the water taken
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Taking water when metering equipment not working
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section 91I empowers State Water to give written authorisation for a person to take water by a work when the meter is not working
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Directions to install and maintain metering equipment
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section 326 empowers State Water to direct that measures be taken to install and maintain metering equipment
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A protocol for managing compliance has been developed and implemented to ensure an effective and strategic working relationship between State Water and the NSW Office of Water Compliance officers.
The Office receives reports of alleged breaches from external sources including members of the public, local councils, other government departments and from State Water. All alleged breaches detected or reported are recorded, assessed and considered for action in accordance with the Water Management Act 2000 or the Water Act 1912.
