Blueberry growers and an earthmoving contractor in Australia are facing court proceedings over alleged unauthorised water infrastructure at a farm on the NSW north coast. If found guilty, the parties involved could face combined fines of up to US$6.5 million.
Two blueberry farm owners and a construction contractor based in Coffs Harbour have been charged with multiple water-related offences. The alleged breaches include constructing an unauthorised dam without approval and carrying out unauthorised works on waterfront land.
The Natural Resources Access Regulator said it will argue in court that the works amounted to an intentional breach of laws aimed at protecting waterways. Investigation and enforcement director Lisa Stockley stated that the alleged actions were deliberate. "This is a situation where we allege they actively took actions that were contradictory to the rules," Stockley told AAP. "They were aware of it, and they did something different because it suited their business needs."
The Coffs Harbour matter represents the regulator's third dam-related prosecution on the NSW north coast within a year. Earlier in 2025, a commercial tomato producer from Kempsey was fined close to US$300,000 in the NSW Local Court for constructing and using dams without approval, as well as clearing vegetation around endangered wetlands.
In a separate case, the regulator also charged a blueberry farmer and an earthmoving company from Eungai Creek, north of Kempsey, over the alleged construction of an irrigation dam on a major creek without approval. That matter is scheduled for sentencing in the Local Court in February, with a maximum penalty of about US$660,000.
According to the regulator, such offences are relatively common in the NSW north coast, a key horticultural production area. The authority is currently handling 16 active investigations into unauthorised water works. Some cases stem from public reports, while others have been identified through its monitoring programme.
The regulator uses satellite imagery, spatial data, and drones under its "eyes in the skies" system to track changes to waterways and surrounding land. Stockley said waterfront land requires strict oversight. "Waterfront land is extremely sensitive, and so when people do work, it can have serious effects on downstream users and also the environment," she said. "We require people to seek approvals for work on waterfront land, making sure they're entitled to have that dam on their property and to hold that water."
The Coffs Harbour case is scheduled for a directions hearing in the Land and Environment Court on February 13.
Source: The Border Mail
