What is a water licence?

A water licence section 51 grants the holder the right to take and use water from:

• waterways both regulated and unregulated;
• dams both onstream and offstream;
• springs and soaks;
• works of an authority; and
• groundwater.

In order to access water under a section 51 take and use licence, a person will also need to operate works. This may involve bore or dam construction and/or the use of pumping equipment. In order to do this a section 67 works licence is also required and the two licences are normally incorporated into the one licence document. Separate licences will be required to construct, alter, remove or decommission any works on a waterway or a bore.

Both a section 51 and a section 67 licence can be refused on the grounds that they may adversely impact on the existing entitlements, the environmental water reserve, drainage or a waterway/aquifer.

Who can hold a water licence?

Any person can apply to hold a water licence including associations, partnerships and corporations.

The holder of a licence may also apply for that licence to be transferred (traded) to another person on a permanent or temporary basis (section 62).

Guidance in relation to licence applications is provided by the overarching Ministerial Policies for Managing Take and Use Licences. In addition, tailored guidelines that refer to specific licence types (eg. urban water corporations' applications for a licence for access to groundwater for urban supply, or surface water licence applications for irrigation and commercial use) are also available:

Ministerial Policies for Managing Take and Use Licences (PDF~1.2mb)Ministerial Guidelines for Licensing Irrigation and Commerical Use - Surface Water (PDF~345kb)Ministerial Guidelines for Licensing Groundwater for Urban Supply (PDF~114kb)

What rights and responsibilities are granted under a water licence?

Any entitlement to water is an entitlement to an amount of water that can be taken under specific conditions/specifications up to a maximum volume. Conditions may relate to (section 56):

• protection of a waterway or aquifer;
• the purposes for which water may be used;
• the maximum volume of water to be taken in a given period or given circumstances;
• protecting the environment;
• the maintenance of the environmental water reserve (for example a Water Supply Protection Area Management Plan);
• efficient water use;
• the protection or control instream water uses; and
• the installation and use of meters and pumps.

Penalties may be imposed for non-compliance with licence conditions including revocation.

Licences are issued from between 1 year and 15 years. Licence conditions may be changed at the time of renewal or on transfer or to ensure compliance with a management plan for a Water Supply Protection Area.

Is a licence required for construction of a farm dam?

All farm dams used for irrigation or commercial purposes that were built before 2002 need to be registered in accordance with section 51(1A) of the Water Act 1989, or licenced.

A licence to take and use water is required for all new farm dams supplying water for irrigation and commerical uses.

A licence is also required for all domestic and stock dams that are built on waterways.

A licence is not required for farm dams that are not on a waterway that are used for domestic and stock supplies.

A works licence is required for farm dams for public safety reasons (section 67(1A) of the Water Act 1989.