About Water
Water rights pertain to the legal rights of property owners to access and use bodies of water attached to lands they hold. Different types of water rights exist based on various forms of water that border or exist on a property.
Key points:
Water rights give landowners access to bodies of water adjacent to one's property.
Riparian rights are a type of water rights that give landowners access and usage of flowing bodies of water like rivers and streams.
Littoral rights are a type of water rights that guarantee access to the lakes, seas, and oceans.
Water rights are regulated state-by-state and each municipality can enforce stricter provisions on water access and usage.
Trading Water
Water can be transacted in two ways:
Permanent Trading
Temporary Trading
Permanent trading involves a permanent transfer of the ownership of water of a certain type of water allocation or licences (depending on the state/territory), which acts similarly to the sale of a land title. This allows water owners/buyers to buy or sell water in their water management area/water plan.
Temporary trading is the annual trade of water allocations or licences (depending on the state/territory). For example, an entitlement holder can trade their water allocation or licence (water entitlement) or a portion of the entitlement to another individual/entity based on market prices.
What are water rights?
If you are a water user, it is your responsibility to seek advice or learn what necessary licences or approvals you require.
State/Territory Water Rights
Each state operates differently in terms of its water rights. See below for more details on each state/territories water rights.
-
In Queensland, there are three different types of water rights an individual or company can hold:
Water Allocation
Water Licence
Water Permit
For more information, please visit the Queensland Water page.
-
In New South Wales, you can hold a tradable:
Water Access Licence
Water Allocation
Licence Shares
For more information please visit the NSW Water page.
-
There are multiple types of water entitlements in Victoria, these include:
water shares
water-use licences
delivery shares
works licences
take and use licences
bulk entitlements
approvals for underground disposal
and other rights. Please see the Victoria Water page for more information.
-
The following are some of the water entitlements in the ACT:
water access entitlement
licence to take water
bore owners licence
drillers licence.
See the Australian Capital Territory page for more information.
-
In South Australia, an individual/company can pertain a:
water access entitlement
water allocation
and more that relate to the taking of water and constructions which relate to the taking of water. See the South Australia page for more information.
-
In Western Australia, the following water entitlements exist:
5C licence to take water
26D licence to construct or alter a well
permits for taking water
water allocation.
See the Western Australia page for more information.
-
The following water entitlements exist in the NT:
water extraction licence
water drilling licence
permit to interfere with waterway
bore work permit.
See the Northern Territory water page for more information.
-
The following types of water entitlements exist in Tasmania:
water licence
water allocation
dam permit
and more. See the Tasmania water page for more information.
