Understanding Water Rights in NSW
13th December, 2024
Water rights in New South Wales (NSW) are crucial for landholders, especially those in rural areas. Understanding these rights helps manage water resources, comply with regulations, and avoid penalties. Whether you have a riverfront property or access to groundwater, it’s essential to know your rights.
Types of Water Rights in NSW
NSW offers various types of water rights and licences, each for different needs. Here are the most common:
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Water Access Licences (WALs):
These licences allow landholders to extract a specified volume of water from a water source, such as a river or aquifer. They are typically linked to water availability through a share system.
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Water Supply Work Approvals:
Landholders may need approval to build bores, wells, or dams to extract water. Extracting water without this approval can result in penalties.
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Domestic and Stock Rights:
Under the Water Management Act 2000, landholders can take water for domestic and stock use without a licence. This applies to household or farming purposes. However, water extraction is limited, and bores require approval.
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Harvestable Rights:
Landholders can capture rainfall runoff from their land without a licence, subject to limits.
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Specific Purpose Access Licences:
These are issued for specific uses, such as town water supply, cultural purposes, or commercial use by Aboriginal groups.
Key Considerations for Rural Landholders
If your property has a water source, it’s important to understand the rules surrounding its use. Here are some key points:
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Water Use Regulations:
If you plan to use water for irrigation, livestock, or domestic needs, you may need a water access licence or approval. Always check with the relevant authorities (Water NSW or the NSW Department of Climate Change, Energy, the Environment and Water).
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Basic Landholder Rights (BLR):
Landholders with access to groundwater or riverfront land are often granted BLR to take water for domestic or stock use. However, constructing a bore or water supply work requires approval.
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Harvestable Rights Dams:
You can build dams to capture rainfall runoff under harvestable rights, but there are restrictions on where they can be located, especially near rivers and streams.
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Environmental Impact:
Water use must not harm the environment. Over-extraction from aquifers or rivers can damage ecosystems. Always adhere to extraction limits and guidelines.
Understanding and managing water rights in NSW can be complex. Our experienced team of legal professionals is here to help you navigate the process, apply for licences, and ensure compliance. Whether you need assistance with water access licences, work approvals, or harvestable rights, we offer tailored legal advice to suit your needs.
Contact us today for a consultation. We can help protect your water resources and ensure your operations remain legally compliant. At Bangalow Conveyancing, we provide expert conveyancing services, including advice on water rights, across the following areas: Lismore, Ballina, Bangalow, Byron Bay, Murwillumbah, Alstonville and all the rural villages in between!
For more information, please check out the many resources available on Water NSW.
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