AN Oz Group blueberry grower and an earth moving company owner faced court in Macksville last week, each pleading guilty to two charges relating to dam construction on a Eungai Creek property.
Pawandeep Dhillon and Jack Reibel faced charges of extending a dam without permission and carrying out a controlled activity on waterfront land without approval in the Macksville Local Court on 20 November, 2025.
All parties agreed to attend by audio visual link in Coffs Harbour Court on 11 February 2026 for sentencing.
The maximum penalty that could be imposed by the Local Court is $22,000 per offence.
The charges were brought about by the Natural Resources Access Regulator (NRAR) which alleged that Mr Dhillon engaged the earthmoving company to substantially increase the size and capacity of a small existing dam on Kesbys Creek without first getting approval.
Kesbys Creek is a third order stream and part of the catchment of Warrell Creek which joins the Nambucca River near its mouth at Nambucca Heads.
NRAR Director of Investigation and Enforcement Lisa Stockley said in a statement to NOTA that the regulator took rules related to building dams and works on waterfront land very seriously.
“It is the responsibility of both the landowner and the earthmoving contractor to ensure they have approval to construct any dam before starting work,” Ms Stockley said.
“Anything constructed on waterfront land is particularly sensitive and carries a risk of potential negative impacts further downstream,” she said.
This is the second prosecution by NRAR on the North Coast this year relating to unlawful dams.
In February a Kempsey region commercial farming company and one of its directors were together fined close to $300,000 for constructing and using dams without approval and undertaking prohibited activity in a wetland.
Green Leaf Australia Pty Ltd and one of its directors were sentenced in Kempsey Local Court after each being found guilty of twelve charges including four of using dams without approval, two of extending dams without approval, and six of constructing dams within a wetland.
Mr Dhillon’s Eungai Creek farm operates under the Oz Group Co-op which has previously been vocal in Nambucca Valley Council meetings defending the conduct of its members.
Oz Group did not respond to requests for comment on the matter.
By Ned COWIE
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