8.1.2. Laws surrounding water use

In New South Wales, the NSW Office of Water (located within the Department of
Environment Climate Change and Water) administers the management of surface and groundwater.
The office reports to the Minister for Water for water policy and the administration of key water legislation including the Water Management Act 2000, and the Water Act 1912.

In NSW there are three basic rights to access water available to rural landholders:
1. Domestic and stock water – Landholders over an aquifer or with river or lake frontage can access water for domestic (household) purposes or to water stock.
2. Native Water Title – Anyone who owns native title with respect to water, as determined under the Commonwealth Native Title Act 1993, can take water for a range of personal, domestic and non-commercial purposes.
3. Harvesting runoff – Harvestable right water is generally intended for essential stock and household use but can be used for any purpose. Harvestable right water allows for landholders in most rural areas to collect a proportion of the runoff on their property and store it in one or more farm dams up to a certain size. Any amount of water over the harvestable right is subject to licensing. This will be established with the NSW Office of Water.

An excellent publication about the permits, approvals and licences required for works on river and creek frontage blocks is available from Murray Catchment Management Authority.