THE NSW government has avoided compliance and enforcement of the Murray-Darling Basin Plan by refusing to submit its Water Resource Plans, the basin's watchdog said in a scathing speech.
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Inspector-General for Water Compliance, Troy Grant, said full compliance of the MDBP could not be achieved without the state's WRP, which are the "foundational cornerstone" of the overall plan, and where the "rubber hits the road".
"I'm the sole enforcement agency for WRPs, but I can't enforce the rules in the plans that don't yet exist," Mr Grant said.
"None, zero, zilch of the 20 WRP have been accredited in NSW. As a result, there's currently no legal basis my office can assess NSW's compliance."
The basin states were given seven years to create and implement their WRPs, which ensure the limits on how much water can be taken from the system in a specific region.
The plans of all states were submitted, accredited by the Murray-Darling Basin Authority and implemented on time, except NSW's, who are now three years overdue.
In 2019-20, Mr Grant said the MDBA register of take identified the NSW Darling Downs region exceeded its surface water take by 32 per cent.
If there was WRP, the state would have to demonstrate the level of take was reasonable and provide a pathway back to sustainable levels, and if they were found non-compliance, the region may have to reduce water take in future years.
"But as it currently stands, NSW is getting a free pass because they are late with their plans," Mr Grant said.
"NSW is responsible for around 50 per cent of the water take, that's currently the lion's share of water removed from the system in any one year without any legislative enforcement capability for failing to comply."
The situation "cannot be allowed to go on forever" and Mr Grant warned if the NSW plans were not accredited soon, the Commonwealth government had the power to step in.
Mr Grant said his first conversation with new Water Minister Tanya Plibersek would be discussing the powers she had to adopt WRPs that are prepared by the MDBA, rather than the states.
Mr Grant said he'd tried to speak with NSW Water Minister Kevin Anderson several times about the issue, however so far has been denied a meeting.
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Mr Anderson said although "our diaries have not aligned at this stage", he was looking forward to a meeting with Mr Grant and Ms Plibersek.
Mr Anderson was asked why the WRPs were three years overdue and if the NSW government was dragging its heels on the plans as a way to avoid compliance and enforcement.
The NSW Water Minister did not answer the question, however said since taking over the water portfolio his focus had "been on meeting with stakeholders and basin communities to ensure we are delivering best possible outcomes for all NSW water users and the environment".
The NSW government recently submitted some draft WRPs to the MDBA, for the second time, to be accredited and is committed to submitting
The NSW government has committed to submitting all 20 draft WRPs to the MDBA, for the second time, by June 30, which Mr Grant hoped would be capable of accreditation.
"Otherwise, there are likely to be questions asked throughout the basin - and rightly so - about the intent of the NSW government," he said.
"And it is also reasonable that the Commonwealth step in."