NSW’s Legislative Council has blocked long-awaited reforms to floodplain harvesting. 

Council members voted 21 to 15 to support the disallowance of the new regulations, which were designed to license, measure, and cap the amount of water taken off floodplains during rain events.

Independent MLC Justin Field moved the disallowance motion. He says the regulations did not have enough detail.

“We need clarity on the removal of structures that won't be licensed,” he said.

“We need certainty on how changes to inflows as a result of climate change will be addressed.”

But the NSW Government says its reforms would have reduced water take and returned 50 gigalitres of water to the Gwydir floodplain in the state's north.

“The guiding principle of this policy has always been if you can't measure it, you can't manage it,” Nationals MLC Sarah Mitchell said.

The NSW Irrigators' Council (NSWIC) had released legal advice before the vote was held, which suggested disallowing the regulations would allow uncapped access to floodplain water.

“It will not be possible to issue access licences to authorise and regulate the extraction of water from the floodplain,” the advice read.

NSWIC chief executive Claire Miller said the regulations should not have been blocked.

“Our communities have worked hard to have proper regulations implemented because it's the right thing to do,” she said.

“It's been on the table for two decades now.

“We have done this in good faith.”

But Mr Field said the irrigation industry is holding downstream communities “hostage”.

“You do nothing but further erode the social licence for your industry,” he said.

“I think you would be well outside the spirit and operation of the law.”