NSW farmers praise ‘common sense’ bushfire water regulation changes

NSW farmers have praised ‘common sense’ regulation changes allowing landholders in a bushfire emergency to use surface and groundwater on their property without needing a water licence.

Under previous rules, farmers could have faced jail time and $1m-plus fines for fighting fires using water on their own properties. Picture: Alex Coppel

NSW farmers have backed “commonsense” rules allowing landholders to fight bushfires using surface and groundwater on their own property without needing a licence and prior ­approval.

The Minns government will remove red tape that previously resulted in offenders facing two years’ jail and fines of more than $1m for fighting fires using water on their own properties.

The change broadens what is considered stock and domestic water usage so landholders can use water on their property for training and controlled burns when carried out under the authority of a firefighting agency.

It also allows landholders to prepare for the threat of bushfires by storing the water in a tank or dam for future firefighting with a maximum volume for each property of 100,000 litres.

Farm owner and chair of the NSW Farmers Association’s water task force, Richard Bootle, has been fighting fires as part of the West Bogan bush fire brigade for more than 30 years and welcomed the change as “a really good step forward”.

“What we’re seeing in California right now obviously we don’t want to be seeing across NSW,” Mr Bootle said. “We just need to be able to grab the water where we can get it, as fast as we can get it, and get to a fire.”

Chair of NSW Farmers Association's water task force, Richard Bootle on his Nyngan farm in central NSW.

Mr Bootle said farmers who had used water on their property in the past were probably unaware that they had even been in breach of the law.

“I think the reality is probably everyone has just grabbed the water as they needed it and I think a lot of people probably wouldn’t even have been aware that they were in breach. Although it may well have prohibited some of the more regulated entities like fire brigades.”

Natural Resources Access Regulator director of investigation and enforcement Lisa Stockley said that, under past legislation, these farmers could have faced fines of more than $1m.

“NRAR is a firm but fair regulator which takes appropriate enforcement action in accordance with its Regulatory Policy. This means that NRAR will consider each case on its merits, including whether there are any mitigating circumstances and whether enforcement action is in the public interest,” Ms Stockley said.

Despite arguing the exemption should have been in place from the beginning, Mr Bootle was hopeful it was the first step in modernising a water usage system that has remained largely unchanged since it was first codified in 1880.

“I’m hopeful that this is the first of steps towards this government modernising what a stock and domestic right for farmers needs to be,” he said.

Acting Water Minister Jodie Harrison said the change was “common sense” and that the priority was fast and easy water access in fire situations.

“Rules to protect the state’s water security are important – but the fact is, when there is a fire, no one should need to stop and think if they are allowed to access water to keep themselves and their property safe,” Ms Harrison said.

Emergency Services Minister Jihad Dib added that the Minns government had been proactive in exploring other fire safety changes, which also included a trial to make it easier for farmers to keep firefighting vehicles on their properties.