How to Get Water Rights in Australia


The control of water in Australia is vested with the state. Individuals only possess a right to access and use water but don't own the water. So, how can you get water rights in Australia, and how do the water rights work
The control of water in Australia is vested with the state. Individuals only possess a right to access and use water but don't own the water. So, how can you get water rights in Australia, and how do the water rights work?

Water rights allow property and land owners access and use water in bodies around them. A water use right or entitlement enables its holder to share the available water in a specific way. The government allocates water against the entitlements periodically. It depends on rainfall and water shortage, and the right chooses how to use the water.

The control of water in Australia is vested with the state. Individuals only possess a right to access and use water but don’t own the water. So, how can you get water rights in Australia, and how do the water rights work?

How do Water Rights Work?

Water rights dictate who can use a water body and how the holder can use the water body. Water is an important natural resource for all life, hence should be used well. Water rights might limit the holder’s ability to sell or divert the water they have ownership over.

How is the Administration of water Rights Done?

Administration of water rights involves issuing new rights, amending existing ones, and approving temporary and permanent transferal or water rights. The processes related to these functions are:

  • Consultation- It involves giving public notices of application and advertising for water rights submission
  • Assessment involves consideration of the application, submissions received, and any rules or guidelines in place. Additionally, it includes collecting any relevant information required during the assessment.
  • Decision Notification- after assessment, a decision has to be made and announced to all the relevant parties.
  • Hearing Appeals- there maybe be appeals of aggrieved parties. Hence there must be a hearing for all requests regarding an administrative decision.
  • Registration- after approvals, a register and other relevant records are maintained.

How can You Get Water Rights in Australia?

Purchasing water rights is easy whether you are an Australian or a foreigner. The details required during registration change depending on the type of water being registered. The water entitlement types and instructions include;

  • Water access entitlement

You can select this option if you own a registrable water entitlement that includes an Australian water access entitlement. The state must issue it to hold or take water from the water resource. You are not required to have licenses and permits, except if they include the right to take and use water.

  • Irrigation Right

You can select this option if you reserve the right to receive water from an irrigation infrastructure operator. It’s crucial to note that you don’t need to provide details of the water access right about your irrigation right.

  • Lease

You can choose this option when you have a contractual right to a water entitlement

  • Water access right

Select this option if your registrable eater entitlement is not a contractual right, a water entitlement, or an irrigation right

After this selection of water entitlement, you are required to provide further relevant information. Then, a declaration is made by checking the declaration and submitting the form. Confirmation is the last step, whereby it is always advisable to print the document for future reference.

How to Get Water Rights for Foreigners in Australia?

Foreign persons can also purchase water rights. They are required to register their interests in registrable water entitlements on the water register as of July 2017.

A foreigner may register at any time during the year. However, they must register within 30 days after the end of the financial year. The instances requiring registration include;

  • When you acquire registrable water entitlement or lease right.
  • When you became a foreigner while holding the registrable entitlement or lease right

It is free to register, and you need to provide the following documentation;

  • Ownership details, including your nationality
  • Water entitlement details, including the type and entitlement number
  • Water resource type
  • Flow control
  • Volume
  • Usage of the resource

It is important to note that you also need regular updates on your existing registration in the event of;

  • You dispose of the registrable water entitlement
  • You are no longer a foreigner
  • The volume of registrable water entitlement changes

You must adhere to these rules and regulations and keep details up to date. Failure to do this may lead to administrative penalties, as outlined in Taxation Administration Act 1953. Acquiring water rights in Australia for both residents and foreigners has been outlined. Ensure that you provide the information needed for a seamless registration process. For example, if you plan on buying a home next to a water body, ensure that you understand the rights and the limits of these rights. At the same time, rights holders must ensure that the water rights are wisely and sparingly.


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