A Coffs Harbour region farming enterprise and an earth-moving company have together been fined $40,000 in Coffs Harbour Local Court for constructing an irrigation dam on a significant creek without approval.

Blueberry farmer, Pawandeep Dhillon, and contractor Reibel Earthmoving pleaded guilty to two charges each, related to unlawfully extending a dam without the required water supply work approval and carrying out a controlled activity on waterfront land without approval.

Each defendant will pay a total of $20,000 in fines plus costs.

The offences took place between February 2023 and November 2023 on a property at Eungai Creek between Coffs Harbour and Port Macquarie.

The Natural Resources Access Regulator alleged in court that the farmer 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 Investigation and Enforcement Tim O’Connell said the fines sent a clear message about the importance of following the rules for building dams and works on waterfront land.

"Anything constructed on waterfront land is particularly sensitive and carries a risk of potential negative impacts further downstream" he said.

"It is the responsibility of both the landowner and the earthmoving contractor to ensure they have approval to construct any dam before starting work," Mr O’Connell said.

“The licensing and approval system is there for a reason – to ensure that those risks are minimised.”

This is the second successful prosecution by NRAR in the last 12 months relating to unlawful dams on the North Coast.

In February 2025, Kempsey region commercial farming company Greenleaf Australia 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.

A third prosecution related to alleged unlawful dam building is being heard in the NSW Land and Environment Court, with potential total fines up to $6.5 million.