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Top bureaucrat faces misconduct proceedings over Murray-Darling water theft allegations

This article is more than 6 years old

Interim report finds an urgent fix is needed in NSW to repair an ‘ineffectual’ water compliance and enforcement system

New South Wales’s top water bureaucrat, Gavin Hanlon, is facing misconduct proceedings after an interim report into allegations of water theft in the Murray-Darling Basin was submitted to the state government.

The report released on Monday found an urgent fix was needed in NSW to repair an “ineffectual” water compliance and enforcement system.

In July, the ABC’s Four Corners revealed recordings of the NSW deputy director general of the NSW Department of Primary Industries, Gavin Hanlon, allegedly offering to share internal “debranded” government information with a group of irrigators via a Dropbox account. Hanlon has referred the matter to the NSW Independent Commission Against Corruption (Icac).

The NSW government appointed the former head of the National Water Commission Ken Matthews to investigate the claims and his team has since met with almost 40 people and received more than 3,000 documents.

Matthews on Monday recommended a set of reforms to help overhaul the system – which he labeled “ineffectual” and in need of significant and urgent improvement – saying no change was not an option.

The interim report found that allegations of breaches of licence conditions and water theft were not adequately investigated nor has there been appropriate compliance and enforcement action on these matters.

The state’s regional water minister paid tribute to Matthews after the report was released. “The report acknowledges several matters where he has provided investigative material to appropriate authorities who have the powers needed to bring them to conclusion,” Niall Blair said.

“The secretary has advised Mr Gavin Hanlon that he is commencing misconduct procedures as set out in the government sector employment legislation. Under the legislation, all employees who may have committed misconduct must be given an opportunity to be presented with a case to answer, before decisions are made. Mr Hanlon has been stood down while these procedures are completed.”

Blair said he accepted the principles set out in the water management compliance improvement package and would act on the issues identified in the report.

“I have already asked the Department of Industry to investigate the creation of a new natural resource asset division and a new independent natural resource access regulator,” Blair said.

“I will commence discussions … on the policy and structural recommendations proposed for basin-wide reforms, some of which may require legislation.

“Where they do not exist, urgent installation of water meters for all large users in NSW within 12 months will be a top priority.”

Along with the Matthews probe, the allegations of water theft had been referred to the state’s independent commission against corruption.

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