A farmer faced court in Condobolin yesterday (Tuesday 6 May) over allegations they pumped water from a creek while their meter wasn't working.

The Natural Resources Access Regulator (NRAR) is pursuing the farmer on six alleged offences between April 2022 and March 2024.

The prosecutor will allege they took water on two occasions from Island Creek without an exemption from WaterNSW.  

The creek feeds the Lachlan River.

"Metering is the key to having an effective and efficient management of the state's water resources," Lisa Stockley, NRAR Director of Investigations and Enforcement.

"Once notified that a meter is not working, WaterNSW will email the customer an exemption authority with an expiry date and advice that the customer must follow very carefully.

"That advice includes, among other things, recording water take in a logbook while the meter is faulty and engaging a qualified person to repair or replace the meter.

"The metering rules have been around for a long time now, and we want people to comply with them."

NRAR Director of Investigations and Enforcement Lisa Stockley. IMAGE: NRAR

The farmer could be fined up to $132,000 if found guilty on all charges and was listed for a mention at Condobolin Local Court on 6 May.

The charges include:

• one count of taking water when the meter was not working,

• one count of taking water when the meter was not working, while having reasonable grounds to believe the meter was not working,

• three counts of contravening terms and conditions of water access licences,

• one count related to failing to supply documents to NRAR investigators (in breach of section 340A(1) of the Water Managment Act 2000).

The regulator said they gave the farmer repeated reminders and warnings before the second alleged taking.

They also allege that the farmer failed to place orders with WaterNSW before pumping, in what would be a breach of licence conditions.

Ms Stockley said licence holders can continue to use the water while meter repairs are undertaken by submitting a section 91I exemption form.

It's not the first matter of its kind in the Western Plains.

Ms Stockley said a Wee Waa farmer was fined $25,000 after a case in NSW Land and Environment Court, concluded in June 2024, found he took water while his meter wasn't operating properly.