Water compliance inspector-general Troy Grant’s scathing rebuke of NSW’s ‘inaction’ on water

The inspector-general of water compliance has issued the NSW Government an ultimatum to deliver on their 20 Water Resource Plans.

The inspector-general of water compliance has delivered a scathing rebuke of NSW government “inaction” on water regulation and has handed the state an ultimatum to deliver on its promises or have the Commonwealth Government step in.

Water compliance inspector-general Troy Grant called out the NSW Government and Water Minister Kevin Anderson at the Murray Darling Basin Authority annual conference today.

“None, zero, zilch of the 20 Water Resource Plans have been delivered in NSW.

Mr Grant labelled the NSW Government’s failure to produce the plans “the most critical failure of the (Basin) Plan to date”.

Troy Grant, inspector-general water compliance, has delivered a scathing rebuke of the NSW Government. Picture: NCA NewsWire / Gary Ramage

Without them, he said his office was unable to oversee water take across the basin.

“The absence of any accredited WRPs in NSW means that the inspector-general of water compliance is unable to establish noncompliance (under the Basin Plan), and therefore unable to enforce the SDL (Sustainable Diversion Limits) in NSW,” he said.

“This is about integrity … As inspector-general, it is appropriate I call out repeated behaviours and actions that lead to noncompliance.

“Across the Basin, NSW is responsible for around 50 per cent of the water take. That is currently the lion’s share of water removed from the system in any one year without any legislative enforcement capability for failing to comply.”

Mr Grant told the conference NSW had had seven years to produce Water Resource Plans, and was now three years behind the 2019 deadline when the WRPs were supposed to take effect.

“NSW’s level of accountability under the Basin Plan is not equal to that of other Basin states and the territory, each of whom have accredited WRPs. They’re all in place in Victoria, Queensland, the ACT and South Australia,” Mr Grant said.

“As it currently stands, NSW are getting a free pass because they are late with their plans. It really isn’t a fair playing field across the basin until all WRPs are accredited,” he said.

Mr Grant said NSW had already used above its agreed level of take in previous years, but agencies had been powerless to act.

In 2019 and 2020, the MDBA register of take identified NSW had exceeded their SDL by 32 per cent in the Barwon-Darling surface water SDL resource unit, he said.

“If there was an accredited WRP in the Barwon Darling, NSW would have to demonstrate that this level of take is reasonable, that there is no growth in use in the Barwon-Darling, and provide a pathway back to sustainable levels. If they were found non-compliant, they may even have had to reduce water take in future years,” he said.

NSW Minister for Lands and Water Kevin Anderson at a swearing in ceremony at NSW Government House in Sydney, Tuesday, December 21, 2021. Picture: AAP Image/Mick Tsikas

Mr Grant said his first conversation with incoming Federal Water Minister Tanya Plibersek would be to urge her to use her powers to force the NSW Government to act.

“Where a state fails to produce the WRP capable of being accredited … The Commonwealth Minister may adopt a WRP that is prepared by the MDBA rather than the state.

If the NSW Government fails to provide 20 WRPs capable of being accredited by June 30, “it is reasonable that the Commonwealth step in”, he said.

“I really hope that the NSW Government, especially the NSW Water Minister Kevin Anderson, have produced 20 plans that are capable of accreditation under the Basin Plan. Otherwise, there are likely to be significant questions being asked throughout the basin, and rightly so, about the intent of the NSW Government to implement the Basin Plan in their state.”

The NSW Government submitted 20 Water Resource Plans to the Murray Darling Basin Authority last year but they were rejected by the authority. The state is due to submit revised plans by June 30.

NSW Water Minister Kevin Anderson said in a statement he would “ensure we are delivering best possible outcomes for all NSW water users and the environment”.

"While our diaries have not aligned at this stage I am looking forward to a meeting with the Inspector General, as I am looking forward to meeting with the new Commonwealth Water Minister,” he said.

Incoming Federal Water and Environment Minister Tanya Plibersek addressed the MDBA conference in a prerecorded message today.

“We will work with basin governments and stakeholders to put the plan in place as was agreed 10 long years ago,” Ms Plibersek said in her message.

“We will increase compliance across the basin and improve metering and monitoring. We will restore integrity and confidence by working with stakeholders to reform water markets and to make river modelling available where we can.”

NSW Water Minister Kevin Anderson said in a statement he would “ensure we are delivering best possible outcomes for all NSW water users and the environment”.

“While our diaries have not aligned at this stage I am looking forward to a meeting with the Inspector General, as I am looking forward to meeting with the new Commonwealth Water Minister,” he said.