New South Wales water licences may be invalid, affecting prosecution of water theft

A court challenge has questioned hundreds of water licences, raising doubts about the regulator's power to enforce water laws.

Published 30 August 2026 199 words
ENVIRONMENT A2
New South Wales water licences may be invalid, affecting prosecution of water theft

In New South Wales, Australia, the water regulator is unsure if it can prosecute people for stealing water. This is because some important water licences might not be valid. These licences allow people to take huge amounts of water from rivers.

A group of farmers in the north of the state won a court case. They argued that 11 licences for collecting water from flooded land were not given correctly by the old government. The court agreed that the government did not follow the right steps to ask people if they agreed.

This court case, called Emu Rider, makes people question if many other licences are also valid. These licences allow farmers to collect and store water that flows across the land during floods. This water is important for the rivers.

The head of the water regulator, Grant Barnes, explained that these court cases create problems. He said it is difficult to prove someone broke the law when the licences themselves might be wrong. This means the regulator must check each case very carefully.

Another case in a higher court also found that the amount of water allowed by a licence was wrong. The government has to recalculate it. Because of these problems, the government plans to change the rules for collecting water from flooded land.

Vocabulary

regulator — An official group that checks and controls something, like water use.
valid — Something that is legally correct or acceptable.
prosecute — To officially charge someone with a crime and try them in court.
licences — Official documents that give permission to do something, like take water.
flooded land — An area of ground that has a lot of water on it, usually after rain or when a river overflows.
enforce — To make sure that people follow a rule or law.

Discussion Questions

  1. What is floodplain harvesting?
  2. Why are the water licences being questioned?
  3. What does the New South Wales government plan to do about the problem?

Based on an article from The Guardian.

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