The company failed to undertake consultation with the NSW Office of Water and to obtain the Secretary’s approval for a compensatory water supply to the owner of a private property near their Bulli seam coal operations.

The company had consulted with the landowner and provided a compensatory water supply, with which the owner was satisfied. The Department determined that a warning letter was therefore the appropriate enforcement response.

In addition, the Department Compliance Officers inspected the Illawarra International Health Precinct project in Wollongong in November 2015 to ensure that they were meeting the conditions of their approval.

A spokesperson for the Department of Planning and Environment said: “Our compliance officers work closely with the community, local councils and other state and federal government agencies to educate proponents, investigate potential breaches and carry out enforcement where necessary,”

The Department can issue the highest on-the-spot fines in the country for breaches of conditions.

Companies can also be prosecuted in court for breaching conditions, with the most severe breaches attracting fines of up to $5 million.