Two farmers have been penalized with a fine of $100,000 for constructing an unauthorized dam on their property in Bucca, located north of Coffs Harbour.
Fortunately for the farmers, they have now obtained the necessary regulatory approval for the dam, and there were no directives issued for its removal or destruction.
The Natural Resources Access Regulator (NRAR) emphasizes the importance of compliance with regulations, advising farmers to perform thorough due diligence.
The NSW Land and Environment Court imposed the fine on the two blueberry farmers after they admitted to building the dam without the required permissions. This action followed an investigation initiated by a report to the NRAR hotline.
Harpreet Pannu and Satvinder Pannu both acknowledged their guilt regarding the unauthorized construction of water supply works and other illegal activities on waterfront property between December 2022 and May 2023. Additionally, earthmoving contractor Murray John Gray pleaded guilty to similar offenses and was fined $30,000.
During sentencing, Justice Richard Beasley characterized the defendants as “hardworking, decent people,” noting that the offense was an isolated lapse in judgment.
The court learned that Mr. Gray was initially hired to work on an expansion of an existing dam. However, after the wall of that dam failed, Mr. and Mrs. Pannu directed him to construct a different dam on another section of their property. This new dam lacked approval from WaterNSW and resulted in the removal of approximately 1.8 hectares of native vegetation along the waterfront.
Justice Beasley noted Mr. Gray’s conduct as negligent but expressed doubt that he would reoffend, stating that he was unaware of the illegal nature of his actions during the dam’s construction and the vegetation clearance.
Having since obtained the necessary regulatory approval for the dam, Mr. and Mrs. Pannu expressed remorse in court, indicating that their decision to build the dam was made impulsively without fully considering the ramifications.
Catherine Jones, Secretary of the Bellingen Environment Centre, commented on the situation, stating that “regulations need to be strengthened.” She expressed concern that while a fine of $130,000 may seem substantial, the potential environmental damage could be far more significant. “We need to be very careful with what we’re doing with dams,” she added.
Tim O’Connell, NRAR’s Director of Investigations and Enforcement, acknowledged that illegal dams are not a primary focus of their investigations, but they still pose a concern when proper approvals are absent. He noted that there are currently over 200 active investigations in New South Wales, with 13 specifically related to blueberry farms.
Mr. O’Connell urged farmers and contractors to familiarize themselves with regulations, encouraging landholders to conduct due diligence and utilize the NSW government’s Water Assist tool to ensure they understand the necessary approvals required for their projects.
