NSW and Queensland fail to make irrigators comply with Murray-Darling Basin Plan, review finds

NSW and Queensland are failing the Murray-Darling Basin Plan but South Australian isn’t, a review has found.

NSW and Queensland regularly fail to make sure irrigators comply with the Murray-Darling Basin Plan, a review has found.

NSW and Queensland regularly fail to make sure irrigators comply with the Murray-Darling Basin Plan and aren’t transparent about these failures, a review has found.

The Murray-Darling Basin Authority was asked four months ago to undertake an independent review of compliance with water use rules following allegations of theft by rogue irrigators.

The review has found NSW and Queensland are particularly bad at making sure people comply with basin rules, often don’t punish breaches, and aren’t transparent about this failure.

And Victoria doesn’t have a glowing record either.

While there’s a “culture of compliance”, penalties for breaking the rules need work and the compliance system is about as opaque as it is in NSW and Queensland.

SA irrigator Sam Dodd (at lectern left), SA Premier Jay Weatherill (at lectern right), along with Senator Penny Wong, Senator Nick Xenophon, Senator Cory Bernadi, Senator Sarah Hanson-Young and SA water minister Ian Hunter demanding a judicial review into water use in the Murray Darling Basin in July. Picture: AAP

“The specific issue ... in Victoria is the lack of a full suite of penalties and sanctions, which means compliance action can only occur administratively with limited penalties and sanctions, or by criminal prosecution requiring a very high standard of proof suited to serious breaches”, the review released on Saturday said.

Meanwhile, problems in NSW and Queensland were put down to a lack of compliance officers, as well as “patchy metering, the challenges of measuring unmetered take and the lack of real-time, accurate water accounts”.

This is all because the MDBA isn’t committed to compliance.

“Without a commitment to the function, compliance has no voice in an organisation’s budget debate; the work does not attract the interest and attention of management; and the necessary systems and transparency are not developed,” the review said.

It’s also difficult to prove when irrigators break the rules. “Even for low-level breaches, offences must be proven and commonly those responsible are given an opportunity to take remedial action,” the report says.

In a media release from the Murray-Darling Basin Authority Authority Chief Executive, Phillip Glyde, and independent Panel member Allan Holmes said the review would form a basis for stronger compliance across the Basin.

“The illegal take of water is theft—and both reports have found that state regulators must play a more active and assertive role in policing it,” Mr Glyde said.

“We know there are many irrigators across the Basin who do the right thing and abide by the rules—and they deserve to have confidence that their commitment to compliance is not being undermined by those who are breaking the law.

“Our review found that Basin states—particularly New South Wales and Queensland—must do more to increase the robustness, transparency and consistency of compliance and enforcement across the Basin.

Phillip Glyde, Chief Executive of Murray-Darling Basin Authority. Picture Kym Smith

“Of particular importance is the implementation of a ‘no meter, no pump’ policy, more transparency of compliance activities, and a more comprehensive suite of penalties that are actually used rather than just sitting on the shelf.

“The independent Panel says the MDBA needs to be more assertive. This starts today. We’re committed to acting on all of the recommendations and actions in the Review that are within our remit,” Mr Glyde said.

Mr Holmes added: “We are calling for greater commitment and goodwill from all those involved in implementing the Basin Plan.

“The 30 June 2019 deadline for revising state water resource plans must be kept, and these plans must ensure that rules are in place to ensure the adequate protection of environmental flows.

“We can’t allow a situation where taxpayer funds are used to recover water for the environment only to have that water extracted further downstream because of a lack of resolve.”

Originally published as NSW and Queensland fail to make irrigators comply with Murray-Darling Basin Plan, review finds