Department of Primary Industries NSW | water Four Comers aac Tv 20 July 2017 FOUR CORNERS - ABC TY ‘Tho Murray Dang Basin (MDB) is Australas most important agrcutral region and freducoe ane third ofthe county’ food cupply. Ae with ether somplx vcr atom around the word, thece area wide variety of competing uses fora variable and imited supoy of ater. Governance arrangements fo recove these competing usos inthe interes fal ‘Austaian continue fo evoWve in response fo the comploxy of the MOB syste, “The NSW Government is commited to ensuring the Murray-Daring Basin Plans delered Ina way that balances economic, envignmental and socio-economic cancers, and puts local communes font and cere, [NSW continues to push for pragmatic, "Yoa-norl decision making in ll aspects of the Bs Plan, ftom Water recovery strataies that achiove the intended outcomes ofthe plan with rmiimum socio-economic impact to how we consi with stakeholders and communes, “The commitment ofa states tothe Murray Daring Basin Plan was confimed a recent moctng ofthe Counel of Ausralan Governments (COAG), whare Ministers welcomed the ‘COAG plan fr delivering the Basin Plan package developed by the Muray-Dating Basin Ministerial Counc, In dlvring this comment the NSW Government remains facused on gating the best eal for NSW communities In response to your specie questions, please find below 1 ponses. How does the NSW Government defend the 2012 Water Sharing Plan for the Barwon- Darling whieh, ithas beon put to us, has effectively granted more reliable access to ator fo major wator-usors than existed prior to 20127 ‘Tho goal of water sharing plan sto protect water sources, dependant ecosystems and basic water right, and within the context fo ehare potenti avaliable water ay and tient betwoon tho categoros of users. Implementing these goals roquios regular rviow and rseting of sharing res. [Atwater sharing plans are subject to a comprehensive consultation and review process to tensue ter complance with relovant State and Commonwealth water pocy ar legislation, Inthe caso ofthe 2012 Barwen-Dating Water Sharing Pian llensed waterusers were Pubic comment was invited on the daft plan va newspapers advertsoments nd detaied Information provided on the tan NSW Oe of Water (NOW) webste,Puble mectings were also held al Beowanina, Bourke and Wleannia on 1,2 and 3 November 2011 respectvely. ‘total of 24 submissions were received as a reel ofthe public extn. These were reviowed by NOW withthe key Issues considered by the Interagency Regional Penal (RP) fd appropriate changes to the drat WSP were recommended Line! acute Toney, 10Vsene Ave, Panama NS 280 | Locked ag #128 Parana NSW 2124 "(02 6026856] wut ow govFurthr consultation vith the Barwor- Daring peak water user association and Mungind- Meningee Advieory Counc was het in Bourke on“ Marah 2072, 0 dlecuss te RP revised recommendations following pubbeexhbibon ‘Do you consult equitably with all sections of the NSW community affected by water policy and particularly the Murray Darling Basin Plan? LPI Water consuls with abroad range of stakeholders when developing water poly. This ‘covers stakeholders wth varied interests, including Isgators, environmental groups, land ‘managers and other sates and jursdetons Consultation for major water poy changes, such a the Muay Daring Basin Plan is offen supporod by formal, pubic consultation processes and submissions. Information i made availabe onthe DPI Water webste and consultation is edveried through regional newspapers Have you over secretly or confidentially supplied or offered to secretly oF confidentially supply departmental Information to irigators andor thelr presentatives outside of oielal channels such as the Government Information (Public Access) Act 20087 As pat of developing polly, DPI Water can conduct targeted consultation with oy iigator Tepresentaives, as wel as other representative bodes, to ensure our Viws ae wo informs Targeted consultation can be undertaken wth Key representatives selected by rigator or othe representative organieation fo represent her views, ‘These dscussions are carefully managed under our protocols so that market snsive Information net released Have you ever sought assurances of secrecy andlor confidentiality from Frigators and, thelr representatives with regard o the consultations you have undertaken with ther? {Asis the case vith many other complex public policy issues, fom time to timo, cortain ‘lscussions are requested to remain confidential which alws fo tank Conversaons to ‘Sometimes the request fr confidentiality comes fom the partis wth whom we consult Tis could include, for example, reports af potential nar-complance by other water wets. ‘These dscussions are carfuly managed under our protocols 6 that market sensitive Information i not released. Have you ever discussed with irrigators andlor thelr representatives plans for NSW to walk away trom the Murray Daring Basin Plan? ‘Yes its prudent fr the NSW Government to conser all possible scenarios forthe implementation of the Basin Pan, and to ensue to best passe outcome fs chleved for NSW ingators, the environment and regional communities. ‘While NSW has considered atenatve scanarios, we have aso public advocated the benefits ofthe Basin Plann ts curent form. In particular, we have explained t stakeholder ‘groups the importance of seeing the plan thoughWith respect tothe organisational restructure you oversaw which came into effect in 2016, did the Bulk Water Review recommend shifting DP Water's investigative funetion to Water NSW? Ifo, please provide detalls not, why was this decision taken nonetheless? ‘Annumber of reviews, repo, debates and workshops over many years, shaped the eventual ‘water reforms which Saw @numoer of functions tanstered fram DPI Water to WaterNSW. Incline wih best practi, investigative functions should ret ith the organisation responsible {orthat specie area of water icencing. This ensures the organisation responsble for ‘eaulaton has the detaled understancing of what a regulated ently should and should nt be doing and therefore is in @ much stronger postion to determine f eomptance is beng met Italso enables the organisation to develop fi-for purpose and targeted education programs, monitoring regimes and compliance operons. ‘Tips the same model as appa wth urban water supply, where the Stale or oca counc body that runs the water suppl is alse responsible for compliance and enforcament ofthe ‘customer contract Following recent water markat governance reforms within the NSW Government, DPI Wat has retuned its investigative functions for te vator Users we ervce and regu -nluding waler ublbes, mining companies and state stpnificant developments Eflecively WateNSW rogulats the majotiy of private users of water and DPI Water guises the water utfies, goverment enttes, mining companies and sate significant Gevelopmenis, This also enables OPI Water to focus’ on commitmnts with interstate ‘blgations. The division of regulatory functone is sot out in the Water NSW operating Scenes availabe t wists com au In the lead upto the transfer ofthe compliance functions of DP! Water last year to Water NSW, by how many did the numbor of Investigators (by which I mean actual filled full-time positions as opposed to FTEs) in the DP! Water Strategic Investigations Unit fall? ‘There wore sx offcorsin the Strategic Investigations Unit immediately before he transfer of functions (On 1 July 2016, fur ofcors were transferred to WaterNSW and two offers remained wth Der Water Prior to current FTE numbers, a small number of adational potions were funded by the ‘Commaniealth fo undertake a proactive regulatory campaign That funding ana those roles finished inthe 2015/2016 fanelal year “Theres no longer a separate SIL In DPA Water, Compliance and enforcement a DPI We continue to be performed by Water Regulaton Offer, “There axe currently 47 Water Regulation Ofcers in DPI Water. “These staf are all authorised ofcers under the Act o undertake compliance axes. The Regulation team undertakes 2 ange of aces, including loeneng, approvals nd ls based compliance,Is Itthe case that this decision to transfer compliance and the fallin the rumbor of SIU Investigators occurred during a pried in which a number of Investigators Inte legatlons of non-compliance In northern NSW were underway? “This is incorect. Thore was no reduction in SIU offcers. In any glen year there ae inthe order of S00 investigations being carried out ‘Any investigations that were underway during the changes were transfered to WalorNSW or ‘continued by DPI Water depending on were responsibly forthe issue was ood Is Itthe case thatthe transfer of compliance and the fallin the numberof S1U Investigators had a deleterious impact onthe progress of those investigaions? No. As staff resources remained aligned with caseload, there was no impact on resourcing of investigations, Is tthe case that a any point you were asked to approve, but dl not approve, investigative operations in northern NSW associatod with those mattors? [PI Water has estabshed protocols for receiving, prising, investigating ane deciding on the appropriate requatory response on each of fh arge numberof mates that come fe Inthe response below you can see that thousands of indviual matters are fired for ‘Sppropiate action, ad that hundreds ar ullmatoly the subject ofa range of outcomes Inaluding wamings, notices, orders and prosecutions. Given the records reloased by Water NSW under the Government information (Publle ‘Access) Act 2009 which show significant extraction of wator by Peter Haris on WALS ‘35398 and 39692 in excoss of his logal entitlement, and given that these events took place about two years ago, please explain why there has been sucha significant delay Inany enforcement activity against hr Harris? [DPI Water doos not ciscuss individual ogulatory cases. The regulatory responsibilty forthe ‘ae weld now reside wth WiatoNSW. ‘thas been alleged that your department does not adequately monitor and investigate compliance breaches, takes a lax approach to breaches and falls to prosecute when ‘vidance of breaches arises. Do you agree and what is your policy on investigating ‘and prosecuting breaches for non-compliance with the law? [DPI Water takes the iesue of compliance eeriously and undertakes enforcamert action, ‘neluding prosecutons, when lconsidors I appropiate to 80, [DPI Wator undertakes risk-based regulation to ensure those issues of highest impact onthe ‘rater resources are given the appropiate regulator response. Every report of 3 breach In ‘eahaton is considered and carefully reviewed Dedicated resources ae focused on ensuring compliance with ieence contions and ther ‘components ofthe Act and water sherng plans CCompllance isa citeal omponent to DPI Water's overall management of water resources ‘and ensuring the equlabie and sustainable sharing of water between water users 1 Water's complance action targets deliberate and high-k uniwul behaviour. Pity is ‘den where the rk of pac on water users andthe envrenment is greatestDPI Wistar uses a range oftolso respond te non-compliance, such as wari laters, stop ‘work onder and oil penas, Prosecutions ar undertaken where appropriate [PI Water sls promotes vluntary compliance wih legislation through education and engagement DPI Waters Compliance Potcy is avaiable on our webs. Since 2010, large numberof investigations Were undertaken and aise, resulting in a0 aceon tors 30 remediation noticos {377 stop work orders £369 pera notions 27 prosecutions | Flowing recent water market governance reforms, changes have been madate compliance ‘and regulation In NSW ffectvely Wate-NSWV regulates the majoriy of privat users cf water and DPI Water regulates the water utes, goverment entities, mining compa iss and state ‘Significant developments, This enables DP! Water fo focus on commitments wih teria ‘blaatons, aIn the February round of Sustaining the Gasin, OPI announced that, forthe fist time, @ functioning water meter was no longer requlted in order to quality for funding under tho scheme, How do you justify this decision? ‘Applcants are required to have a functioning water meter and comply wih linus metering requirements and terms an conditons applicable to ther works approvals issued Under te Wator Management Act 2000. “Amendments to funding requlrements for Sustaining the Basin: Irgated Farm Node projec tober rfctcirent metering pocy ware agreed toby the Commonweath Government on 15 February 2017 “These changes donot absolve an applicant fom complying with he requirements ofthe "National Framewerk or non-urban water metering or specie metering requitements as ‘Stpulated nthe landhlder cence conditions ts It toga for water account holders to pump water while thelr water accounts are in deficit? 7 Iti an offence under the Water Managament At 2000 fr a person to take warn excess of the water allocation fr their access leance. ‘thas been put tous that several large account holders have pumped water while their accounts are In dfick. Please explain why no regulatory action has been taken’ \WaterNSW acts on alagations of unauthorised extractions that ar brought fo atenon, {and alo investigates regularities uncovered by ts complanes actives, \wout specie detale ofthe eases in question, tis ifcu to comment futher