BROKEN SYSTEM: NSW AGENCIES CAUGHT OUT UNDER THEIR OWN WATER REGULATIONS

19/08/2025

Government mismanagement has forced a complete halt to environmental watering in NSW, exposing the Minns Labor Government’s tangled bureaucracy.

Commonwealth Environmental Water Holder, Dr Simon Banks stated that the decision to pause environmental watering was made “due to a recent shift in how held environmental water is interpreted under various NSW water-sharing and policy frameworks.”

He added that this shift has caused “significant complexity and uncertainty, impacting [their] ability to deliver Commonwealth environmental water in NSW.”

“The Minns Labor Government said it was committed to simplifying our water laws, yet even the Commonwealth Environmental Water Holder is struggling to comply with this government’s convoluted metering rules,” Ms Cooke said.

“This is no longer about irrigators, it is about government agencies themselves being caught out mismanaging, misreporting, and potentially misappropriating water. When the very departments responsible for setting the rules can’t comply with them, the system is broken beyond repair.”

Recent media reports indicate that Minister for Water, Rose Jackson, has refused to comment on the uncertainty her management of the regulations has caused.

This comes a week after the Natural Resources Access Regulator issued a stop-work order at Toorale National Park, which is operated by the NSW Department of Climate Change, Energy, the Environment and Water, because it had not adhered to reporting obligations under its water license.

These issues are particularly relevant as the Water Management Legislation Amendment (Stronger Enforcement and Penalties) Bill 2025 is due to be debated in the NSW Parliament.

“We have the Commonwealth Environmental Water Holder saying our laws aren’t fit-for-purpose at the same time the Minns Labor Government is seeking to introduce a new environmental civil penalty regime that raises serious questions in respect to the rule of law,” Ms Cooke said.

“This government’s approach has become so focused on red tape that even its own regulations are making it difficult to deliver water to the environment which is the very purpose of the state’s water compliance rules. The Minister must take accountability, tell us how she intends to untangle the mess her government has created, and explain to the people of NSW why they should trust government agencies caught breaking their own rules.”