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Licensing floodplain harvesting

Probity reviews into floodplain harvesting licensing

An independent legal consultant was engaged to review the approvals and farm scale validation processes associated with the Healthy Floodplains Project.

Bushland creek

Independent reviews of our processes

The department has commissioned independent reviews of the floodplain harvesting works approvals process to provide stakeholder confidence in the implementation of the NSW Floodplain Harvesting Policy.

2023 probity review

Maddocks law firm were engaged by the department to undertake a probity review into the process for determining and issuing replacement floodplain harvesting access licences in the Gwydir Valley. These licences were granted in February 2022.

As part of the review, Maddocks were asked to consider whether the process:

  • was properly documented and transparent
  • was fair and afforded landholders procedural fairness
  • enabled the department to obtain relevant information to support evidence-based recommendations to the decision-maker
  • managed any conflicts of interest appropriately.

Summary of findings

The 2023 probity review found that the process for determining and issuing replacement floodplain harvesting access licences in the Gwydir Valley was properly documented and any conflicts of interest were managed appropriately. The review also found that the process provided landholders procedural fairness and enabled the department to obtain relevant information to support recommendations to the decision-maker.

2021 probity review

In 2021, the department commissioned the legal firm, Maddocks, to complete another probity review of the Healthy Floodplains Project. The review provides probity advice on the work undertaken by the department and the Natural Resources Access Regulator on the farm scale validation process since the completion of the 2019 probity review. The 2021 probity review focuses on the processes used to gather information to determine share components of individual replacement floodplain harvesting access licences, including:

  • departmental processes for gathering sufficient information under the farm scale validation process
  • processes the Healthy Floodplains Review Committee used to consider submissions
  • membership and processes relating to the appointment of the Committee members

Summary of findings

The 2021 probity review found that the farm scale validation process enabled the gathering and testing of sufficient information to allow the Minister (or the Minister’s delegate) to make an evidence-based determination of the share component of replacement floodplain harvesting access licences in a way that afforded procedural fairness to the owners of eligible properties. It also found that the farm scale validation process was appropriately documented, and a system was in place to manage conflicts of interest.

2019 probity review

In 2018, the department commissioned a legal firm, Maddocks, to complete a probity review of the floodplain harvesting works approvals process. The review provides probity advice on certain aspects of implementing the Healthy Floodplains Project. These include:

  • registration of interest process
  • irrigator behaviour questionnaire
  • water infrastructure plan processes

Summary of findings

The 2019 probity review found that the licensing processes were lawful and well-documented, and the eligibility criteria were consistently applied.

Contact us

If you require assistance in reading these documents, please contact 1300 081 047 or  water.enquiries@dpie.nsw.gov.au