Guideline: Spring exemptions is part of the department’s policy framework. The purpose of the guideline is to clarify interpretation of section 5(1)(a) of the Rights in Water and Irrigation Act 1914 (the Act). There is no change to existing legislation on the spring exemption.
The guideline establishes a voluntary self-assessment process to assess whether section 5(1)(a) applies to a spring on a property. The guideline outlines the relevant considerations that need to be taken into account by landowners and occupiers of land when determining if the circumstances on their property meet the requirements of section 5(1)(a).
Field guide: Spring exemptions has also been established that should be used after you have read and are familiar with the definitions and guidance provided through the guideline.
The department strongly recommends that you complete the self-assessment process in the guideline and compile all relevant evidence to support your determination that your circumstances meet the requirements of section 5(1)(a) before you begin any activities relating to the take of water. This is important as the ordinary meaning of ‘spring’ is different to the definition of ‘spring’ under the Act.
