Basic landholder rights

Owners or occupiers of land overlaying an aquifer or with river, estuary or lake frontage can take water without a licence for domestic (household) purposes or for stock watering.

Construction and use of basic landholder rights (BLR) bores

Under the Water Management Act 2000 (WMA), landholders can take water under basic landholder rights. Owners or occupiers of land which overlies an aquifer can take water for domestic consumption or stock watering.

• Domestic consumption means the use of water for normal household purposes in domestic premises which are situated on the land.
• Stock watering means the watering of stock animals being raised on the land. It does not include raising stock animals on an intensive commercial basis where the animals are housed or kept in feedlots or buildings.

Approvals required

To access water under BLR, landholders must obtain a water supply works approval to construct a bore, well or spearpoint. It is an offence under the WMA to construct or use a water supply work without an approval. Licensing groundwater works, and monitoring the levels of extraction, helps to sustainably manage groundwater sources, protecting their quality and the ecosystems that depend on them.

Agencies involved

WaterNSW is responsible for processing most water supply work approvals and issuing the approvals.

The NSW Department of Climate Change, Energy, the Environment and Water (NSW DCCEEW) may in limited circumstances, undertake a hydrogeological assessment of the proposed bore and location. This ensures no more than minimal harm is caused to the water source and surrounding ecology. NSW DCCEEW is also responsible for licensing larger water users e.g. state significant developments, mining operations, irrigations corporations and government entities.

Health warning:  The landholder is responsible for ensuring that any water taken under a BLR is safe and suitable to use. NSW Health warns that water from an aquifer can be contaminated with micro-organisms. This water should not be used for drinking or cooking without appropriate treatment.

Harvestable rights allows landholders to capture and store a proportion of the rainfall runoff from their landholding in one or more harvestable rights dams without requiring a water access licence, water supply work approval, or water use approval.

Landholders in NSW can build harvestable rights dams on non-permanent minor streams, hillsides, or gullies (but not on or within 40 metres of a third-order or higher order stream) and capture a percentage of rainfall runoff from their landholding. For further information on where harvestable rights dams can be constructed view NSW DCCEEW frequently asked questions or view the Harvestable rights dams - where can they be built factsheet (PDF, 825.57 KB)

Harvestable rights areas and how harvestable rights water can be used

The proportion of rainfall runoff that may be captured under harvestable rights, and how the water can be used depends upon where a landholding is located. In the:

• coastal-draining and central inland-draining catchments harvestable rights area (previously part of the Eastern and Central Division) - up to 10% of the average annual regional rainfall runoff may be captured and used for any purpose.
• Western Division - all rainfall runoff may be captured and used for any purpose.

Please note that in the coastal-draining and central inland-draining catchment areas certain provisions apply to mixed-rights dams. Mixed-rights dams are those which store harvestable rights water together which any other water that has been lawfully taken from a water source (such as under another form of basic landholder right, a water access licence or an exemption). For more information on the capacity and permitted water uses for mixed-rights dams - see the frequently asked questions.

For further information on the full set of rules and requirements for harvestable rights please refer to the NSW DCCEEW website.

The boundaries of the harvestable rights areas are shown in the map below - view large version.

Anyone who holds native title with respect to water, as determined under the Commonwealth Native Title Act 1993, can take and use water for a range of personal, domestic and non-commercial purposes.

The Water Management Act 2000 recognises the cultural and spiritual importance of water to Aboriginal people in NSW. Anyone who holds native title with respect to water, as determined under the Native Title Act 1993 (Cwlth), can take and use water for a range of needs. These include personal, domestic and non-commercial communal purposes such as manufacturing traditional artefacts, hunting, fishing, recreation, cultural and ceremonial purposes.

For more information, visit the NSW DCCEEW website - Water for Aboriginal communities.