The NSW Government is introducing a clearer and more equitable process for negotiating voluntary agreements with landholders affected by future environmental water deliveries in regional NSW, ensuring better outcomes for all parties and healthier rivers.
The Landholder Negotiation Scheme (LNS), introduced as an amendment to the Water Management (General) Regulation 2018 under the Water Management Act 2000, provides a consistent and fair framework for voluntary negotiations.
It places the onus on the NSW Government to protect the interests of impacted property owners when formally discussing enduring agreements with them.
“This legislation is a significant step forward for environmental water management in NSW, giving landholders greater protection and support in the negotiation process, while helping us deliver the ecological improvements that our rivers and communities need,” NSW DCCEEW Executive Director Infrastructure Development Lisa Hingerty said. “We fully acknowledge that property owners affected by these changes deserve fair compensation, including for flow easements, which is why we have introduced the Landholder Negotiation Scheme that puts their interests front and centre.
Extensive community engagement was conducted in 2024, including face-to-face meetings in Moree, Deniliquin, Wagga Wagga, and Darlington Point, as well as online consultations and webinars, as part of a 10-week statewide public exhibition process.
Feedback from more than 100 stakeholders directly informed improvements to the final LNS. These submissions are detailed in the recently released What We Heard report (PDF, 1443.76 KB).
“We’ve listened carefully to the feedback and gone the extra mile to reflect those views, adding additional time for negotiations, providing mediation and facilitation services and ensuring WaterNSW gives adequate notice to landholders ahead of the declared environmental water release,” Hingerty said. “Now that we have strengthened the legal framework, we can get on with the job of planning the next steps for our environmental water programs to boost the health of waterways and the towns and businesses that rely on them.”
The LNS will support key environmental water programs, including the Reconnecting River Country Program and the Gwydir Reconnecting Watercourse Country Program. These programs are designed to improve ecological outcomes and deliver on our commitments under the Murray-Darling Basin Plan.
The LNS goes above and beyond existing legislation by allowing landholders more time for negotiations, providing them with access to independent facilitation and mediation, and mandating that WaterNSW provide advanced notice to affected landholders of flows where there is a declared environmental water release.
Two supportive legislative amendments passed in 2018 have now commenced alongside the LNS. These amendments clarify administrative arrangements and make it clear that WaterNSW is excluded from civil liability when water is released for environmental purposes in good faith.
Visit our webpage to learn more about the Landholder Negotiation Scheme.
