{"id":"nsw:act-2017-064","name":"Natural Resources Access Regulator Act 2017","slug":"natural-resources-access-regulator-act-2017","collection":"act","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"64 of 2017","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":29336,"registerId":"nsw-act-2017-064-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary\n\nPart 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"#### 1 Name of Act\n\n1 Name of Act\n\n> This Act is the [Natural Resources Access Regulator Act 2017](/view/html/inforce/current/act-2017-064).","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This Act commences on a day or days to be appointed by proclamation.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n3 Definitions\n\n> > (1) In this Act—\n> > \n> > Board means the Board of the Regulator established under this Act.\n> > \n> > enforcement powers, in relation to the natural resources management legislation, means any powers that may be exercised under that legislation in connection with the enforcement of that legislation, including—\n> > \n> > > (a) powers that may be exercised for the purposes of determining whether there has been compliance with or a contravention of that legislation, or\n> > \n> > > (b) the issuing of any notice, order or direction, or the imposition of any penalty or charge, under that legislation.\n> > \n> > function includes a power, authority or duty, and exercise a function includes perform a duty.\n> > \n> > natural resources management legislation means any of the following Acts and the regulations and other instruments made under those Acts—\n> > \n> > > (a) this Act,\n> > \n> > > (b) [Water Management Act 2000](/view/html/inforce/current/act-2000-092),\n> > \n> > > (c) [Water Act 1912](/view/html/inforce/current/act-1912-044),\n> > \n> > > (d) any other Act or part of an Act administered by a relevant Minister that is prescribed by the regulations.\n> > \n> > Regulator means the Natural Resources Access Regulator constituted under this Act.\n> > \n> > relevant Minister means any of the following—\n> > \n> > > (a) the Minister for Primary Industries,\n> > \n> > > (b) the Minister for Regional Water,\n> > \n> > > (c) the Minister for Lands and Forestry.\n> > \n> > Note.\n> > \n> > The [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contains definitions and other provisions that affect the interpretation and application of this Act.\n> \n> > (2) Any regulation prescribing an Act or part of an Act for the purposes of the definition of natural resources management legislation may only be made with the concurrence of the relevant Minister administering that Act or part.\n> \n> > (3) Notes included in this Act do not form part of this Act.","sortOrder":3},{"sectionNumber":"Part 2","sectionType":"part","heading":"Natural Resources Access Regulator","content":"# Part 2 Natural Resources Access Regulator\n\nPart 2 Natural Resources Access Regulator","sortOrder":4},{"sectionNumber":"Division 1","sectionType":"division","heading":"Constitution and management of Regulator","content":"## Division 1 Constitution and management of Regulator\n\nDivision 1 Constitution and management of Regulator","sortOrder":5},{"sectionNumber":"4","sectionType":"section","heading":"Constitution of Regulator","content":"#### 4 Constitution of Regulator\n\n4 Constitution of Regulator\n\n> > (1) There is constituted by this Act a body corporate with the corporate name of the Natural Resources Access Regulator.\n> \n> > (2) The Regulator is a NSW Government agency.\n> > \n> > Note.\n> > \n> > See section 13A of the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) in relation to the status, privileges and immunities of statutory bodies declared to be NSW Government agencies.\n> \n> > (3) The Regulator is not subject to the control and direction of the Minister except to the extent specifically provided for under this or any other Act.","sortOrder":6},{"sectionNumber":"5","sectionType":"section","heading":"Board of Regulator","content":"#### 5 Board of Regulator\n\n5 Board of Regulator\n\n> > (1) There is to be a Board of the Regulator.\n> \n> > (2) The Board is to consist of at least 3, but not more than 5, members appointed by the Minister.\n> \n> > (3) The members of the Board are to be persons who together have experience and expertise in law, natural resources management, compliance and regulation and any other areas the Minister considers relevant.\n> \n> > (4) The Board may establish committees to give advice and assistance to the Board in connection with any particular matter or function of the Board. It does not matter that some or all of the members of any committee are not members of the Board.\n> \n> > (5) Schedule 1 contains provisions relating to the members and procedure of the Board.\n> \n> **s 5:** Am 2022 No 59, Sch 1.26\\[1\\].","sortOrder":7},{"sectionNumber":"6","sectionType":"section","heading":"Role of Board","content":"#### 6 Role of Board\n\n6 Role of Board\n\n> > (1) Any decision relating to the functions of the Regulator is to be made by or under the authority of the Board.\n> \n> > (2) Any act, matter or thing done in the name of, or on behalf of, the Regulator by or under the authority of the Board is taken to have been done by the Regulator.","sortOrder":8},{"sectionNumber":"7","sectionType":"section","heading":"General directions by Minister","content":"#### 7 General directions by Minister\n\n7 General directions by Minister\n\n> > (1) The Minister may give the Regulator a written direction with respect to the functions of the Regulator if the Minister is satisfied that it is necessary to do so in the public interest.\n> \n> > (2) A direction by the Minister may be of a general nature only and may not relate to a specific matter that is being considered or determined by the Regulator.\n> \n> > (3) In particular, a direction by the Minister under this section may not be made in relation to the following—\n> > \n> > > (a) the content of any advice or report given by the Regulator,\n> > \n> > > (b) a decision by the Regulator to commence proceedings under the natural resources management legislation,\n> > \n> > > (c) a determination by the Regulator about whether proceedings under the natural resources management legislation should be instituted by the Crown.\n> \n> > (4) The Regulator must ensure that any direction given to it under this section is complied with.\n> \n> > (5) Any direction given to the Regulator under this section is, as soon as practicable after it is given, to be published on the website of the Public Service agency in which persons are employed to enable the Regulator to exercise its functions. The Regulator must also include in its annual report particulars of each direction given under this section during the year to which the report relates.\n> \n> **s 7:** Am 2025 No 70, Sch 1\\[1\\].","sortOrder":9},{"sectionNumber":"8","sectionType":"section","heading":"Chief Regulatory Officer","content":"#### 8 Chief Regulatory Officer\n\n8 Chief Regulatory Officer\n\n> > (1) The Chief Regulatory Officer of the Regulator is the person employed in the Public Service as the Chief Regulatory Officer.\n> \n> > (2) The Chief Regulatory Officer—\n> > \n> > > (a) is responsible for the day to day management of the activities of the Regulator, and\n> > \n> > > (b) is to report to the Board on those activities.\n> \n> > (3) The Chief Regulatory Officer is entitled to attend and to participate in discussions at meetings of the Board but is not entitled to vote at any such meeting.","sortOrder":10},{"sectionNumber":"9","sectionType":"section","heading":"Staff of Regulator","content":"#### 9 Staff of Regulator\n\n9 Staff of Regulator\n\n> Persons may be employed in the Public Service to enable the Regulator to exercise its functions.\n> \n> Note.\n> \n> Section 59 of the [Government Sector Employment Act 2013](/view/html/inforce/current/act-2013-040) provides that the persons so employed (or whose services the Regulator makes use of) may be referred to as officers or employees, or members of staff, of the Regulator. Section 47A of the [Constitution Act 1902](/view/html/inforce/current/act-1902-032) precludes the Regulator from employing staff.","sortOrder":11},{"sectionNumber":"Division 2","sectionType":"division","heading":"Objectives and functions of Regulator","content":"## Division 2 Objectives and functions of Regulator\n\nDivision 2 Objectives and functions of Regulator","sortOrder":12},{"sectionNumber":"10","sectionType":"section","heading":"Principal objectives of Regulator","content":"#### 10 Principal objectives of Regulator\n\n10 Principal objectives of Regulator\n\n> The principal objectives of the Regulator are—\n> \n> > (a) to ensure effective, efficient, transparent and accountable compliance and enforcement measures for the natural resources management legislation, and\n> \n> > (b) to maintain public confidence in the enforcement of the natural resources management legislation.","sortOrder":13},{"sectionNumber":"11","sectionType":"section","heading":"Functions of Regulator","content":"#### 11 Functions of Regulator\n\n11 Functions of Regulator\n\n> > (1) The Regulator has the following functions—\n> > \n> > > (a) to prepare strategies, policies and procedures relating to enforcement powers under the natural resources management legislation,\n> > \n> > > (b) to advise and report to the Minister or any relevant Minister on any matter relating to the administration of the natural resources management legislation,\n> > \n> > > (c) to provide the Minister or any relevant Minister with such other advice or reports as the Minister or relevant Minister may, by instrument in writing, request,\n> > \n> > > (c1) to commence and conduct proceedings for offences under, and contraventions of, the natural resources management legislation,\n> > \n> > > (d) to publish details of convictions in prosecutions for offences under the natural resources management legislation,\n> > \n> > > (e) such functions under the natural resources management legislation as are specified in Schedule 2,\n> > \n> > > (f) any other functions conferred or imposed on the Regulator (including by way of delegation) by or under the natural resources management legislation or any other Act.\n> \n> > (2) A function specified in Schedule 2 (a specified function) that is conferred on the Regulator by subsection (1) (e) may, despite that conferral, also be exercised by the person (the relevant person) on whom the function is conferred under the natural resources management legislation referred to in that Schedule.\n> \n> > (3) The regulations may amend Schedule 2 by—\n> > \n> > > (a) adding a function under the natural resources management legislation, or\n> > \n> > > (b) amending or removing a specified function,\n> > \n> > but only with the concurrence of the relevant Minister administering the natural resources management legislation (other than this Act) under which the function is conferred.\n> \n> > (4) The regulations may make provision for dealing with matters that are incidental to or consequential on the conferral of a specified function on the Regulator.\n> \n> > (5) In particular, the regulations may—\n> > \n> > > (a) require a reference in the natural resources management legislation to the relevant person or any other person to be construed as (or as including) a reference to the Regulator, and\n> > \n> > > (b) deal with matters arising in connection with the exercise of a specified function by both the Regulator and the relevant person.\n> \n> > (6) If a person has a right to appeal against, or to apply for a review of, a decision of the relevant person in exercising a specified function, the right extends to any decision of the Regulator in exercising that function.\n> \n> **s 11:** Am 2025 No 70, Sch 1\\[2\\].","sortOrder":14},{"sectionNumber":"12","sectionType":"section","heading":"Regulator to determine whether proceedings should be instituted","content":"#### 12 Regulator to determine whether proceedings should be instituted\n\n12 Regulator to determine whether proceedings should be instituted\n\n> > (1) The Regulator determines whether the Crown should institute proceedings for offences under, or contraventions of, the natural resources management legislation.\n> \n> > (2) (Repealed)\n> \n> > (3) In this section, the Crown means the Crown within the meaning of the [Crown Proceedings Act 1988](/view/html/inforce/current/act-1988-070), and includes any officer, employee or agent of the Crown.\n> \n> > (4) Proceedings may not be challenged on the ground that they were instituted in contravention of this section.\n> \n> **s 12:** Am 2025 No 70, Sch 1\\[3\\]–\\[6\\].","sortOrder":15},{"sectionNumber":"12AA","sectionType":"section","heading":"Certain functions and determinations require legal advice","content":"#### 12AA Certain functions and determinations require legal advice\n\n12AA Certain functions and determinations require legal advice\n\n> > (1) The Regulator must not exercise a function under section 11(1)(c1) or make a determination under section 12 without legal advice.\n> \n> > (2) Proceedings may not be challenged on the ground the proceedings were instituted in contravention of this section.\n> \n> **s 12AA:** Ins 2025 No 70, Sch 1\\[7\\].","sortOrder":16},{"sectionNumber":"12A","sectionType":"section","heading":"Register of information about water enforcement action","content":"#### 12A Register of information about water enforcement action\n\n12A Register of information about water enforcement action\n\n> > (1) The Regulator may keep, and may make publicly available, a register of information about enforcement actions taken by or on behalf of the Regulator under the [Water Management Act 2000](/view/html/inforce/current/act-2000-092).\n> \n> > (2) The register may include the following information—\n> > \n> > > (a) the identities of persons on whom administrative penalties have been imposed under the [Water Management Act 2000](/view/html/inforce/current/act-2000-092) and the administrative penalties imposed,\n> > \n> > > (b) the identity of any person to whom a penalty notice has been issued in respect of an offence under that Act and particulars of the offence,\n> > \n> > > (c) particulars of any direction issued by the Regulator under Part 1 of Chapter 7 of that Act and the identities of any persons to whom the direction is given,\n> > \n> > > (d) particulars of any decision to suspend or cancel an access licence under section 78 of that Act or to suspend or cancel an approval under section 109 of that Act,\n> > \n> > > (e) any other information prescribed by the regulations for the purposes of this section.\n> \n> > (3) Regulations may be made for or with respect to the register kept under this section.\n> \n> > (4) Information may be disclosed in accordance with a regulation made under this section despite any prohibition in, or the need to comply with a requirement of, any Act or law (in particular, the [Privacy and Personal Information Protection Act 1998](/view/html/inforce/current/act-1998-133) (other than Part 6 of that Act)).\n> \n> > (5) No liability (including liability for defamation) is incurred by a person or the Crown for publishing in good faith information in a register under this section.\n> \n> **s 12A:** Ins 2018 No 31, Sch 2.3 \\[1\\]. Am 2025 No 70, Sch 1\\[8\\] \\[9\\].","sortOrder":17},{"sectionNumber":"13","sectionType":"section","heading":"Annual report","content":"#### 13 Annual report\n\n13 Annual report\n\n> > (1) The Regulator is, as soon as practicable after 30 June in each year, to prepare and forward to the Minister a report of its work and activities for the 12 months ending on that 30 June.\n> \n> > (2) Without limiting subsection (1), the report must include the following—\n> > \n> > > (a) details of notices, orders and directions issued under the natural resources management legislation in connection with the enforcement of that legislation,\n> > \n> > > (b) such other particulars as may be prescribed by the regulations.\n> \n> > (3) The Regulator is to make copies of its annual report publicly available at no cost.\n> \n> > (4) Any annual report of the Regulator (whether required under this section or under any other Act) may be included in the annual report of the Public Service agency in which the staff of the Regulator are employed.","sortOrder":18},{"sectionNumber":"14","sectionType":"section","heading":"Delegation","content":"#### 14 Delegation\n\n14 Delegation\n\n> The Regulator may delegate any of its functions (other than this power of delegation) to any of the following—\n> \n> > (a) a member of the Board,\n> \n> > (b) a committee of the Board,\n> \n> > (c) the Chief Regulatory Officer or any other Public Service employee,\n> \n> > (d) any person, or any class of persons, authorised for the purposes of this section by the regulations.","sortOrder":19},{"sectionNumber":"Part 3","sectionType":"part","heading":"Miscellaneous","content":"# Part 3 Miscellaneous\n\nPart 3 Miscellaneous","sortOrder":20},{"sectionNumber":"15","sectionType":"section","heading":"Transfer of certain Water NSW staff","content":"#### 15 Transfer of certain Water NSW staff\n\n15 Transfer of certain Water NSW staff\n\n> > (1) In this section—\n> > \n> > relevant Public Service agency means—\n> > \n> > > (a) the Public Service agency in which persons are employed to enable the Regulator to exercise its functions, or\n> > \n> > > (b) any other Public Service agency in which persons are employed in connection with the administration of the natural resources management legislation.\n> > \n> > transferred employee means an employee of Water NSW who is the subject of an order under this section.\n> \n> > (2) The Minister may, by order in writing, transfer to the relevant Public Service agency any person who—\n> > \n> > > (a) is employed by Water NSW, and\n> > \n> > > (b) is designated by the Minister as a person who—\n> > > \n> > > > (i) is required to enable the Regulator to exercise its functions, or\n> > > \n> > > > (ii) is to exercise enforcement powers under the natural resources management legislation.\n> \n> > (3) A transfer under this section does not require the consent of the transferred employee.\n> \n> > (4) On the day specified in the order, the transferred employee—\n> > \n> > > (a) ceases to be employed by Water NSW, and\n> > \n> > > (b) is employed as a Public Service employee under the [Government Sector Employment Act 2013](/view/html/inforce/current/act-2013-040) in the relevant Public Service agency specified in the order.\n> \n> > (5) A transferred employee—\n> > \n> > > (a) retains any rights to annual leave, extended leave, sick leave or other forms of leave accrued or accruing immediately before the transfer, and\n> > \n> > > (b) is not entitled to receive any payment or other benefit (including in the nature of severance pay or redundancy or other compensation) merely because the person ceases to be employed by Water NSW, and\n> > \n> > > (c) is not entitled to claim, both under this Act or any other Act or law, dual benefits of the same kind for the same period of service.\n> \n> > (6) Without limiting subsection (5), a transferred employee is not, despite any other provision of this or any other Act or law, entitled to elect, because of the transfer, to be paid the money value of any annual leave or extended leave accrued by the transferred employee.\n> \n> > (7) Water NSW is liable for the cost of any annual leave or extended leave accrued by a transferred employee immediately before the transfer.\n> \n> > (8) Water NSW is taken to be a government sector agency for the purposes of Part 2 of Schedule 2 to the [Government Sector Employment Regulation 2014](/view/html/inforce/current/sl-2014-0060) in respect of the calculation of a transferred employee’s extended leave.","sortOrder":21},{"sectionNumber":"16","sectionType":"section","heading":"Exchange of information and records between relevant agencies","content":"#### 16 Exchange of information and records between relevant agencies\n\n16 Exchange of information and records between relevant agencies\n\n> > (1) In this section—\n> > \n> > administration of the natural resources management legislation includes the following—\n> > \n> > > (a) the granting of licences or other authorities under the natural resources management legislation and the suspension or revocation of any such licence or other authority,\n> > \n> > > (b) the issuing of any notice, order or direction under the natural resources management legislation,\n> > \n> > > (c) the exercising of enforcement powers under the natural resources management legislation,\n> > \n> > > (d) the institution of proceedings for offences under the natural resources management legislation.\n> > \n> > records includes plans, specifications, maps, reports, books and other documents (whether in writing, in electronic form or otherwise).\n> > \n> > relevant agency means any of the following—\n> > \n> > > (a) the Regulator,\n> > \n> > > (b) the person, statutory body or Public Service agency responsible for the administration of any natural resources management legislation,\n> > \n> > > (c) Water NSW,\n> > \n> > > (d) any other person or body (including an officer or agency of the Commonwealth or another State or Territory) prescribed by the regulations for the purposes of this definition.\n> > \n> > relevant information or records means—\n> > \n> > > (a) information or records obtained by the Regulator in connection with the administration of the natural resources management legislation, or\n> > \n> > > (b) information or records obtained by, or otherwise in the possession of, any other relevant agency to the extent that the information or records relate to the administration of the natural resources management legislation,\n> > \n> > and includes any database or other system containing such information or records.\n> \n> > (2) Relevant information or records held by a relevant agency may be provided to another relevant agency for the purposes of the administration of the natural resources management legislation or the administration or enforcement of the [Water Act 2007](http://www.legislation.gov.au/) of the Commonwealth.\n> \n> > (3) Without limiting subsection (2), the Regulator may, by notice in writing given to Water NSW, require Water NSW, within the time and in the manner specified in the notice, to provide the Regulator with any relevant information or records specified in the notice or with access to any such relevant information or records. Water NSW is required to comply with a notice under this subsection.\n> > \n> > Note.\n> > \n> > Under section 28 (2) of the [Water NSW Act 2014](/view/html/inforce/current/act-2014-074) the Minister may transfer ownership of any specified assets of Water NSW (which would include records and databases) to the Regulator.\n> \n> > (4) A relevant agency may rely on relevant information or records provided to it under this section for the purposes of the administration of the natural resources management legislation.\n> \n> **s 16:** Am 2018 No 31, Sch 2.3 \\[2\\] \\[3\\].","sortOrder":22},{"sectionNumber":"17","sectionType":"section","heading":"Exclusion of personal liability","content":"#### 17 Exclusion of personal liability\n\n17 Exclusion of personal liability\n\n> > (1) Any matter or thing done or omitted to be done by a person who is—\n> > \n> > > (a) a member of the Board or a committee of the Board, or\n> > \n> > > (b) the Chief Regulatory Officer or any other Public Service employee, or\n> > \n> > > (c) acting under the direction of the Board,\n> > \n> > does not, if the matter or thing was done or omitted to be done in good faith in connection with exercising the functions of the Regulator under the natural resources management legislation, subject the person personally to any action, liability, claim or demand.\n> \n> > (2) However, any such liability attaches instead to the Crown.","sortOrder":23},{"sectionNumber":"18","sectionType":"section","heading":"Regulations","content":"#### 18 Regulations\n\n18 Regulations\n\n> > (1) The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.\n> \n> > (2) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of this Act or any Act that amends this Act.\n> \n> > (3) Any such provision may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later date.\n> \n> > (4) To the extent to which any such provision takes effect from a date that is earlier than the date of its publication on the NSW legislation website, the provision does not operate so as—\n> > \n> > > (a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or\n> > \n> > > (b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.","sortOrder":24},{"sectionNumber":"19","sectionType":"section","heading":null,"content":"#### 19\n\n19 (Repealed)","sortOrder":25},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Members and procedure of Board","content":"# Schedule 1 Members and procedure of Board\n\nSchedule 1 Members and procedure of Board\n\n(Section 5 (5))\n\n**sch 1:** Am 2022 No 59, Sch 1.26\\[2\\].","sortOrder":27},{"sectionNumber":"Schedule 2","sectionType":"schedule","heading":"Additional functions of Regulator","content":"# Schedule 2 Additional functions of Regulator\n\nSchedule 2 Additional functions of Regulator\n\n(Section 11 (1) (e))\n\n**sch 2:** Am 2018 (174), cl 6 (1) (2); 2019 (464), Sch 1; 2025 No 70, Sch 1\\[10\\]–\\[14\\].","sortOrder":47}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"Based on the seven amendments between 2017 and 2025, the scope of the Act has likely evolved beyond its original design. The Act was initially created in direct response to the Murray-Darling Basin water theft scandal to establish a dedicated compliance regulator. Subsequent amendments — particularly the significant ones in 2019 and 2023 — suggest the NRAR's powers, jurisdiction, or operational framework have been expanded or refined, possibly to address gaps identified during early implementation or to broaden coverage beyond water to other natural resources."},"complexity_factors":["Creates an independent statutory body (Natural Resources Access Regulator) with its own governance, powers, and accountability structures","Interacts with and cross-references multiple other NSW Acts (Water Management Act 2000, Mining Act 1992, etc.), requiring readers to understand the broader legislative ecosystem","Has been amended seven times since commencement, meaning different versions apply to different time periods — relevant for compliance history and liability","Regulatory enforcement powers (investigation, inspection, prosecution) involve procedural complexity around due process and legal rights","Distinction between the Regulator's independent functions and ministerial oversight creates structural complexity","Only the metadata/status page was provided — the full operative provisions of the Act are not visible, limiting analysis but suggesting the full text would score higher"],"plain_english_summary":"## Natural Resources Access Regulator Act 2017 (NSW)\n\n**What is this law?**\nThis NSW Act established the **Natural Resources Access Regulator (NRAR)** — an independent government body created to enforce rules around how water and other natural resources are accessed and used in New South Wales.\n\n**Why was it created?**\nIt came about largely in response to public outrage over water theft and poor compliance enforcement in the Murray-Darling Basin. The idea was to separate the *regulator* (the cop on the beat) from the *manager* (the policy setter), so there's an independent watchdog making sure people actually follow the rules.\n\n**Who does it affect?**\n- **Farmers and irrigators** who hold water licences or approvals — they are the primary regulated group and face inspections, investigations, and penalties for non-compliance\n- **Mining and resource companies** accessing water\n- **Landholders** near rivers, floodplains, or wetlands\n- **Ordinary NSW residents** — indirectly, because proper water management affects river health, drinking water supplies, and the environment\n\n**What does the NRAR actually do?**\n- Investigates alleged breaches of water laws (like taking more water than your licence allows)\n- Conducts compliance inspections\n- Issues warnings, directions, and penalties\n- Can prosecute serious offenders\n- Reports publicly on compliance activity\n\n**Key point for the public:** This law is about accountability for natural resource use — particularly water. If you hold a water licence in NSW, NRAR has real powers to audit and sanction you. If you're a community member concerned about water theft or environmental damage, NRAR is the body you'd report it to.\n\n**Note:** The Act has been amended multiple times since 2017 (most recently in November 2025), suggesting its powers and scope have been refined and likely expanded over time."},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"The Act as presented has had its scope expanded and adjusted since original enactment by explicit amendments and insertions. Notable scope extensions and changes in the text include: insertion of a public register of water enforcement action (s 12A) and related publication and immunity rules (ins. 2018 No 31, Sch 2.3 [1]; s 12A); addition and amendment of specified functions in Schedule 2 to confer many ministerial enforcement powers under the Water Management Act 2000 on the Regulator (Sch 2; amended 2018, 2019 and 2025 as noted in the schedule header); and the requirement for the Regulator to obtain legal advice before commencing prosecutions or making determinations about instituting proceedings (s 12AA, ins. 2025 No 70, Sch 1[7]). The general directions provision was also amended (s 7: Am 2025 No 70, Sch 1[1]). These amendments materially change who exercises enforcement powers, add public disclosure mechanisms, and introduce procedural checks on prosecutions (see s 11; Sch 2; s 12A; s 12AA)."},"complexity_factors":["Extensive cross‑references to other statutes (Water Management Act 2000, Water Act 1912, Water NSW Act, Privacy and Personal Information Protection Act) requiring concurrent approvals or interacting rules (s 3; s 11(3); s 12A(4)).","Schedule 2 enumerates many discrete enforcement powers transferred or exercisable by the Regulator, expanding substantive scope (Sch 2 and its itemised list).","Multiple governance layers: Board, Chairperson, Chief Regulatory Officer, public service staff and committees with appointment, removal and delegation rules (ss 5–9; Sch 1; s 14).","Delegation and broad delegation targets (Board members, committees, CRO, public servants, persons authorised by regulation) create operational flexibility and compliance pathways (s 14).","Information‑sharing powers and a statutory power to compel Water NSW records impose operational and privacy interfaces (s 16; s 12A(4)).","Amendment history embedded in text (2018, 2019, 2022, 2025) and regulatory powers to alter Schedule 2 add dynamic complexity to scope over time (sch notes; s 11(3)).","Procedural constraints and safeguards (ministerial direction limits, publication/reporting requirements, requirement for legal advice before prosecutions) create conditional decision rules to be followed (s 7; s 12AA).","Transitional and employment mechanics for transferring staff without consent, with specific leave cost allocations, increase administrative complexity for implementation (s 15)."],"plain_english_summary":"### What this law does, in plain terms\n\n- Creates a new statutory body called the Natural Resources Access Regulator (the Regulator) and a Board to run it (ss 4–6). The Regulator is a NSW Government agency and is not generally subject to ministerial control except where this Act says so (s 4(3); s 7). \n\n- Gives the Regulator a set of enforcement and oversight roles for \"natural resources management legislation\" — meaning this Act, the Water Management Act 2000, the Water Act 1912 and any other Acts the regulations add (s 3). The Regulator’s core tasks include preparing enforcement policies, advising Ministers, commencing and conducting enforcement proceedings, publishing conviction details, and exercising specific functions listed in Schedule 2 (ss 10–11; Sch 2). The Board must authorise decisions about the Regulator’s functions (s 6(1)).\n\n- Centralises certain ministerial enforcement powers under the Regulator by listing many Water Management Act powers in Schedule 2 (Sch 2(1) and items listed). This means powers that previously sat with the Minister or another body can be exercised by the Regulator as a specified function (s 11(1)(e); Sch 2).\n\n- Requires that the Regulator decide whether the Crown should institute proceedings for offences under the covered legislation (s 12). The Regulator must obtain legal advice before starting prosecutions or making that determination (new s 12AA).\n\n- Permits the Regulator to keep and publish a public register of water enforcement action, including identities of people fined or penalised, penalty notice information, directions issued, and licence suspensions or cancellations (s 12A). The section allows publication despite other legal restrictions (including most privacy constraints) and limits liability for good‑faith publication (s 12A(4)–(5)).\n\n- Allows the exchange of records and information between the Regulator and other agencies, and gives the Regulator a statutory power to require Water NSW to provide specified records on notice (s 16(2)–(3)).\n\n- Provides staffing and governance arrangements: the Regulator’s Chief Regulatory Officer runs day‑to‑day operations and reports to the Board; staff are employed in the Public Service to enable the Regulator to exercise functions (ss 8–9). The Minister appoints 3–5 Board members with relevant expertise (s 5; Schedule 1).\n\n- Allows delegation of Regulator functions to Board members, committees, the Chief Regulatory Officer or other public service employees and persons authorised by regulation (s 14). The Minister may give written general directions to the Regulator in the public interest, but not about the content of advice or about specific proceedings; such directions must be published and reported in the Regulator’s annual report (s 7).\n\n- Provides transitional and administrative mechanics: the Minister can transfer specified Water NSW employees into the public service to support the Regulator without employee consent (s 15), and regulations can add or alter the functions conferred on the Regulator but (in most cases) only with concurrence of the relevant Minister (s 11(3); s 3(2)).\n\n### Who this affects and who pays\n\n- Affected parties: licence‑holders, water users, landholders and businesses that operate under the Water Management Act 2000 (and any Acts added by regulation) will be subject to enforcement, directions, penalties, licence suspensions/cancellations, compliance audits and public publication of enforcement outcomes (s 11; Sch 2; s 12A(2)).\n\n- Agencies and staff: Water NSW can be required to supply records and may have employees transferred into public service roles to support the Regulator (s 16(3); s 15). Transferred employees keep accrued leave entitlements; Water NSW remains liable for the cost of leave accrued before transfer (s 15(5)–(7)).\n\n- Who pays: the Minister sets Board member remuneration (Sch 1 cl 4). The Crown, not individuals, bears legal liability arising from good‑faith performance of Regulator functions (s 17). Water NSW pays costs for accrued leave when staff are transferred (s 15(7)). The Act does not set an explicit budget line for the Regulator; funding and operating costs will be borne from government appropriations and agency arrangements implied by staffing provisions (ss 8–9; s 15).\n\n### Practical effects on behaviour and private decision‑making\n\n- Regulated entities face stronger centralised enforcement oversight and the possibility of more visible enforcement outcomes because the Regulator can publish enforcement actions and must report enforcement activity in its annual report (s 12A; s 13(2)(a)). Publication may change private behaviour where reputational exposure matters (s 12A(2)).\n\n- The Regulator can exercise an array of powers that can directly limit commercial activity (e.g. stop‑work orders, directions to install metering, suspension or cancellation of access licences, compliance audits listed in Sch 2). Those statutory mechanisms change incentives for investment, compliance spending, and operational decisions by licence‑holders (Sch 2 list).\n\n- Mandatory information‑sharing (s 16) and the power to compel records from Water NSW (s 16(3)) reduce information frictions for enforcement action but also increase compliance and disclosure obligations for agencies and businesses whose data become part of shared records.\n\n### Implementation features, costs, trade‑offs and risks\n\n- Concentrated administrative control: the Board and the Regulator centralise enforcement decision‑making (s 6(1); s 11), which concentrates authority to commence proceedings (s 11(1)(c1); s 12). That centralisation can produce consistent enforcement but increases the consequences of any Regulator policy choice.\n\n- Compliance burden and private costs: the listed enforcement tools (Sch 2) and the public register (s 12A) impose compliance costs on regulated parties (metering, audits, administrative penalties, licence actions). Those are direct costs and potential opportunity costs if businesses must allocate resources to compliance rather than productive investment.\n\n- Bureaucratic discretion and safeguards: the Minister can issue general directions (s 7) and the Regulator can delegate widely (s 14). Controls exist: ministerial directions cannot concern specific matters, the content of advice or decisions to prosecute (s 7(2)–(3)), and regulations adding or changing Schedule 2 functions generally require concurrence of the relevant Minister (s 11(3)). The Regulator must obtain legal advice before prosecuting (s 12AA).\n\n- Privacy and litigation risk: the Act explicitly allows publication of register information despite other legal limits (s 12A(4)) and limits liability for good‑faith publication (s 12A(5)), which reduces legal risk for the Regulator but increases reputational risk for persons disclosed.\n\n- Implementation risk and transition costs: staffing transfers from Water NSW can be done without employee consent and create transition obligations (leave entitlements and payment liabilities) for Water NSW (s 15(2)–(7)). Regulations and concurrent approvals are required to extend the Regulator’s remit to other laws (s 3(2); s 11(3)), creating a process dependency for scope changes.\n\n### Key legal mechanics to watch (section pointers)\n\n- Definitions and scope: what counts as \"natural resources management legislation\" (s 3).  \n- Central enforcement powers and functions: Schedule 2 and s 11 (including the power to commence proceedings s 11(1)(c1)).  \n- Publication of enforcement details: s 12A.  \n- Regulator’s prosecutorial decision and requirement for legal advice: ss 12 and 12AA.  \n- Information sharing and compulsory records from Water NSW: s 16(2)–(3).  \n- Ministerial directions and publication/reporting of directions: s 7(1), (2), (5).  \n- Delegation: s 14.  \n\nThis Act therefore builds a central enforcement agency for water and related natural resources laws, sets governance and staffing arrangements, creates public reporting and information‑sharing powers, supplies statutory mechanisms for compelling records and transferring staff, and places procedural checks (publication of directions, requirement for legal advice before prosecutions, and Ministerial concurrence for regulatory change) around some of those powers."},"kimi_summary":{"content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":true,"description":"The original 2017 Act established NRAR primarily as a compliance and policy body. Significant 2018 and 2025 amendments expanded its scope considerably: (1) added the public enforcement register with privacy law overrides (s 12A); (2) transferred prosecutorial functions from the Director of Public Prosecutions and Crown Solicitor directly to NRAR (s 11(1)(c1), s 12); (3) added the legal advice safeguard (s 12AA); and (4) expanded Schedule 2 functions to include compliance audits, enforcement of undertakings, and evidentiary powers. The body evolved from a coordinator of enforcement to an independent prosecutor and judge of water offences."},"complexity_factors":["Moderate cross-referencing: extensive links to the *Water Management Act 2000*, *Water Act 1912*, *Government Sector Employment Act 2013*, and Commonwealth *Water Act 2007*","Nested conditional logic in Schedule 2: 30+ specific statutory functions transferred from the Minister to NRAR with parallel operation (original power-holders retain concurrent powers)","Multiple safeguards and exceptions: Ministerial directions limited by public interest test and specific prohibitions (s 7); legal advice requirement as a precondition for prosecution (s 12AA); good faith protections (s 17)","Delegated legislative framework: regulations can expand NRAR's functions via Schedule 2 amendments, but only with concurrence of relevant Ministers (s 11(3))","Staff transfer mechanics: detailed transitional provisions for Water NSW employees including leave accrual, severance exclusions, and cost liabilities (s 15)","Information disclosure overrides: explicit carve-out allowing publication despite privacy laws (s 12A(4))"],"plain_english_summary":"This law creates the **Natural Resources Access Regulator** (NRAR) — an independent government body that acts as the 'cop on the beat' for water laws in New South Wales.\n\n**What it does:**\n- **Establishes NRAR** as a corporate body with its own Board (3–5 members) and a Chief Regulatory Officer who handles day-to-day operations.\n- **Gives NRAR enforcement powers** under water laws like the *Water Management Act 2000* and *Water Act 1912*, including:\n  - Issuing fines and penalty notices\n  - Suspending or cancelling water access licences\n  - Issuing stop-work orders\n  - Starting court prosecutions for water theft or illegal water use\n  - Conducting compliance audits and requiring information from water users\n- **Requires legal advice** before NRAR can start court proceedings or make certain decisions (a safeguard added in 2025).\n- **Keeps a public register** of enforcement actions — naming people who've been fined or had licences cancelled, with legal protection for publishing this information.\n- **Allows information sharing** between NRAR, Water NSW, and other agencies to catch rule-breakers.\n- **Protects staff** from personal lawsuits when acting in good faith.\n\n**Who it affects:**\n- Farmers, irrigators, and landholders who take water from rivers or groundwater\n- Water corporations and local councils\n- Anyone with a water access licence or approval in NSW\n\n**Why it matters:**\nBefore this Act, water enforcement was scattered across different agencies. This law centralised it into one specialist regulator with real teeth — prosecutions, public naming-and-shaming, and the power to shut down illegal water use. It was created partly in response to scandals about water theft and mismanagement in the Murray-Darling Basin."}},"importantCases":[],"_links":{"self":"/api/acts/natural-resources-access-regulator-act-2017","history":"/api/acts/natural-resources-access-regulator-act-2017/history","analysis":"/api/acts/natural-resources-access-regulator-act-2017/analysis","conflicts":"/api/acts/natural-resources-access-regulator-act-2017/conflicts","importantCases":"/api/acts/natural-resources-access-regulator-act-2017/important-cases","documents":"/api/acts/natural-resources-access-regulator-act-2017/documents"}}