A prominent Barwon-Darling irrigator has pleaded guilty to three charges of breaching New South Wales water management rules, the first prosecutions following a major exposé by the ABC’s Four Corners 16 months ago alleging water theft under the Murray-Darling Basin plan.
Anthony Barlow pleaded guilty in the land and environment court to all three offences alleged against him by WaterNSW. These included one offence of pumping during an embargo on pumping, and two offences of pumping while metering equipment was not working.
He will be sentenced after further submissions, but faces a maximum fine of $247,500 for each offence.
Four Corners raised serious questions about NSW’s commitment to enforcing water rules that are designed to ensure irrigators only take their entitlements and that environmental flows are protected as they move down the river system.
Although the Murray-Darling Basin plan is a national plan, the states retain responsibility for policing licences and prosecuting breaches.
The Four Corners program raised serious doubts about NSW’s commitment to enforcement and an independent report recommended urgent changes, including the establishment of a new Natural Resources Access Regulator, separate from WaterNSW which is responsible for licensing and managing the state’s water assets.
The current charges were brought by WaterNSW, which had responsibility for enforcement during the period.
Peter Harris, another cotton grower named in the Four Corners program, is also facing charges. He has said he will defend the charges and his has been adjourned until next year.
The chief executive of WaterNSW, David Harris, said the result was the culmination of a long period of hard work.
“Today’s result sends a strong message to those water users who do not follow the rules – your actions will have serious consequences. Equally, it is important to note that allegations against a small number of irrigators do not reflect on the vast majority of water users who conscientiously follow the rules,” Harris said.
“Today’s result should also serve to reassure the broader community that water regulatory authorities are serious about managing water resources and ensuring equity and fairness,” he said.
