Western Australia
5C Licences to Take Water
A 5C licence allows the licence holder to take water from a watercourse, well, and/or, underground source.
You can have a 5C water licence to take water from groundwater or suface water.
Unless a person holds a licence, any unauthorised taking of water is prohibited except where a person has another right to do so, or is exempt from licensing.
Section 11/17/21A Permits
Permits are granted by the department to authorise interference or obstruction of a watercourses or wetlands bed/banks.
Water cannot be 'taken' under a permit, however, in many instances, persons exercising their Section 10 and 21 rights in proclaimed and unproclaimed areas require a permit to do anything. This includes installing any works or object that causes the obstruction of or interference to a watercourse or wetland or its bed and banks, in order to exercise their right to take water under these sections.
The Rights in Water and Irrigation Act 1914 permits include:
Section 11 permit – works relating to the taking of water in a proclaimed area where access is via road or Crown reserve.
Section 17 permit – works relating to the taking of water in a proclaimed area
Section 21A permit – works relating to the taking of water in an unproclaimed area where access is via road or Crown reserve.
26D Licences to Construct or Alter a Well
A 26D licence is needed in order to:
commence, construct, enlarge, deepen or alter an artesian well; and/or
commence, construct, enlarge, deepen or alter any non-artesian well in a proclaimed groundwater area.
A licence would not be required for water table (non-artesian) wells constructed for domestic purposes or for monitoring water levels or water quality. Refer to the exemptions page for further details
Water Rights in Western Australia
The following water rights refer to the Rights in Water and Irrigation Act 1914 (WA).
Western Australian Water Legislation
The Rights in Water and Irrigation Act 1914 (WA) governs the provision and maintenance of water rights in Western Australia.
The Water Services Act 2012 (WA) is the current water legislation governing water in Western Australia, in conjunction with the Water Act 2007 (Cth).
