Continuation of private rights to water
8 Continuation of private rights to water
A person has the right to take water, free of charge, for that person's domestic and stock use from a waterway or bore to which that person has access—
by a public road or public reserve; or
because that person occupies the land on which the water flows or occurs; or
(c) in the case of a waterway, because that person occupies land adjacent to it and the bed and banks of the waterway have remained the property of the Crown by virtue of section 385 of the Land Act 1958[3] or any corresponding previous enactment; or
S. 8(1)(d) amended by No. 5/2002 s. 6(1).
subject to section 33C, in the case of a bore, because that person occupies it.
If required to do so by the regulations, a person taking water under subsection (1) must give the Minister, in accordance with the regulations, written notice of the amount taken.
S. 8(3) substituted by No. 32/2010 s. 4.
A person has the right to use water taken by that person from a waterway under subsection (1)(a), if the water is being used at the place at which it is taken.
S. 8(3A) inserted by No. 32/2010 s. 4.
A person has the right to use water taken by that person from a waterway under subsection (1)(b), (c) or (d).
S. 8(3B) inserted by No. 32/2010 s. 4.
A person has the right to use water taken by that person from a bore under subsection (1).
S. 8(3C) inserted by No. 32/2010 s. 4.
A person has the right to use, while it is within the waterway or bore, water which that person has the right to take under subsection (1).
A person has the right to use—
water taken or received by that person in accordance with a licence or other authority issued to that person under this Act or any corresponding previous enactment; or
water lawfully taken or received by that person from the works of an Authority or of any other person; or
rainwater or other water that occurs or flows (otherwise than in a waterway or bore) on land occupied by that person or, with the permission of the other person, on land occupied by another person.
Water referred to in subsection (4)(c) may be used for any purpose and on any land.
S. 8(5A) inserted by No. 5/2002 s. 6(2).
Subsections (4)(c) and (5) do not apply to the use, other than domestic and stock use, of water from a spring or soak or water from a private dam (to the extent that it is not rainwater supplied to the dam from the roof of a building).
A right conferred by this section is limited only to the extent to which an intention to limit it is expressly (and not merely impliedly) provided in—
S. 8(6)(a) substituted by No. 99/2005 s. 6.
this Act, any regulations or by-laws under this Act, or any permission, authority or agreement made under this Act; or
any other Act or in any permission or authority granted under any other Act; or
the conditions of a licence issued under this Act; or
S. 8(6)(d) amended by No. 5/2002 s. 6(3).
the prescriptions contained in an approved management plan drawn up under Division 3 of Part 3 for a water supply protection area.
The rights to water conferred by or under this Act on a person who has an interest in land replace any rights[4]—
to take or use water; or
to obstruct or deflect the flow of water[5]; or
to affect the quality of any water; or
to receive any particular flow of water; or
to receive a flow of water of any particular quality—
that the person might otherwise have been able to enforce against the Crown or any other person because of, or as an incident to, that interest.
This section does not authorise any act or omission that may—
cause any water to be polluted; or
obstruct the flow of any water in a waterway; or
erode or otherwise damage the surrounds of any waterway.
S. 8A inserted by No. 62/2010 s. 131, amended by No. 4/2013 s. 34(2), substituted by No. 67/2016 s. 35.
This provision refers to the regulations (the regulations
, any regulations
). Made under this Act:
- Water (Drillers' Licences) Regulations 2022 · under section 324
- Water (General) Regulations 2021 · under sections 119 and 324
- Water (Infringements) Regulations 2020 · under section 324
4 more instruments made under this Act are listed on the Act’s overview.
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