The New South Wales Natural Resources Access Regulator (NRAR) has ordered a halt to environmental water flows at Toorale National Park, located approximately 80 kilometres south-west of Bourke. The decision follows a year-long investigation into the park’s operator, the NSW Department of Climate Change, Energy, the Environment and Water (DCCEEW), over concerns regarding compliance with water licence regulations.
Grant Barnes, the chief regulatory officer of NRAR, stated that the investigation revealed inadequate reporting of water flows from the park, which encompasses 91,000 hectares. The park’s Boera Dam was constructed to manage water releases into the Western floodplain from the Warrego River, with the intention of enhancing the ecological health of the region.
“We’ve conducted an exhaustive evaluation of Toorale, including site visits and evidence collection from multiple parties,” Barnes explained. “We are confident in our position that water must be accounted for against the water access licence to meet public expectations.” The investigation found that water flows were not being adequately documented due to a lack of stipulations in the operational maintenance plan.
The DCCEEW is now required to adhere to NRAR’s stop-work order, which aims to ensure timely and transparent reporting of water usage. Despite the halt, NRAR has clarified that it does not believe Toorale National Park has exceeded its annual water entitlement of 17 gigalitres. Hydraulic models indicate that approximately 3,000 megalitres have been diverted to the floodplain over the past two and a half years, confirming that the park has been operating within its allocated water limits.
“While the stop-work order places additional obligations on reporting, it does not imply that the park has mismanaged its water entitlements,” Barnes added. He further emphasized that the decision to halt operations was unrelated to any political pressure, specifically addressing a referral to the Independent Commission Against Corruption (ICAC) made by state MP for Barwon, Roy Butler.
Local landholders have expressed support for the NRAR’s actions. Justin McClure, president of the Australian Floodplain Association, called the stop-work order a “step in the right direction.” He noted the importance of returning water to the Darling River, aligning with the original intent of converting the area into a national park.
In contrast, Maryanne Slattery, an independent water researcher, criticized NRAR for holding the government to a higher standard than many licensed water holders, pointing out that only 43 percent of licensed users in the Barwon, Darling, and West areas met metering regulations. “NRAR should clarify how the treatment of environmental watering aligns with the non-compliance of irrigators,” she said.
The regulatory framework surrounding water management in New South Wales is currently under review. A bill introduced by NSW Water Minister Rose Jackson aims to strengthen NRAR’s powers by introducing civil breaches and increasing penalties for water theft. However, Greens MP Cate Faehrmann has expressed concern that reducing criminal penalties undermines accountability. “The Greens do not support the reduction of any criminal offence to a civil penalty,” she stated, urging the government to address the regulatory challenges faced by regional communities.
As the situation develops, the NRAR’s actions highlight the ongoing efforts to ensure sustainable water management practices in New South Wales, particularly in light of the critical ecological needs of the Murray-Darling river system.
