We issue several types of water licences and permits in accordance with the Rights in Water and Irrigation Act 1914 (RiWI Act).
The name of the licence or permit, such as 5C or 26D, refers to the section of the RiWI Act where it is described.
Where licences or permits are required, they include those to:
- take water (a 5C groundwater or surface water licence)
- construct wells, including bores and soaks (a 26D licence)
- interference or obstruction of a watercourse (a section 11,17, or 21A surface water permit).
Read more about each type of water licence and permit below.
5C groundwater or surface water licence
Show moreA 5C licence to take water allows the licence holder to take a specified amount of water (the entitlement) from a proclaimed, and in certain circumstances an unproclaimed groundwater or surface water resource.
Surface water may be drawn from a watercourse (river, stream) or water body (lake, dam). Groundwater may be drawn from a well (bore) from an underground source or an excavation into the water table (soak).
A 5C groundwater or surface water licence authorises the ‘take or use’ of water for circumstances that include:
- abstraction of artesian (confined) groundwater in ALL locations of the state
- abstraction of non-artesian (shallow unconfined) groundwater in proclaimed areas of the state
- abstraction of surface water in proclaimed areas of the state.
A licence to take water:
- is a legal document with terms, conditions and limits which must be complied with
- does not give the licence holder ownership of the water resource. All water is vested in the Crown and we grant access to this water for use for the licence duration
- may be transferred to another user, or the entitlement may be traded or leased to another person, subject to our approval.
Read more about applying for a new water licence or permit under the Rights in Water and Irrigation Act 1914.
If you are a licence holder we recommend you:
- keep your licence in a secure place where it can be regularly checked to ensure you are complying with the terms and conditions of your licence
- apply to renew your licence prior to the licence expiry date
- apply to amend your licence if you want to change the volume (entitlement), activity or location of the water source on your licence.
Exemptions
Unless a person holds a licence, any unauthorised taking of water is prohibited except where a person has another right to do so (e.g. a ‘riparian right’).
The RiWI Act and Rights in Water and Irrigation Regulations 2000 also contain provisions for exemptions from water licenses and permits. These exemptions may apply to certain stock and domestic and dewatering and monitoring well situations.
For more information go to Water licensing exemptions.
How to apply
26D licence to construct or alter a well
Show moreA 26D licence allows for the construction or alteration of wells (bores). It does not allow for the ‘take’ of groundwater (a 5C licence is required).
A 26D licence is needed before you:
- commence, construct, enlarge, deepen or alter an artesian well
- commence, construct, enlarge, deepen or alter any non-artesian well in a proclaimed groundwater area.
A licence would not be required for water table (non-artesian) wells constructed for standard domestic purposes (e.g. a garden bore) or for only monitoring water levels or water quality.
A licence to construct or alter a well:
- is a legal document with terms, conditions and limits which must be complied with
- requires that bores are constructed by a certified driller
- does not authorise you to take or use the water from the well. You will need a separate 5C licence if you want to take or use this water
- is non-renewable.
Exemptions
For more information go to Water licensing exemptions.
How to apply
Assistance
If emergency works are needed for the repair or replacement of a bore, well or excavation, please contact your local department office.
Section 11, 17, or 21A surface water permit
Show moreThe RiWI Act provides for several types of permits:
- section 11 permit – works relating to the taking of water in a proclaimed area where access is via road or Crown reserve
- section 17 permit – works relating to the taking of water in a proclaimed area
- section 21A permit – works relating to the taking of water in an unproclaimed area where access is via road or Crown reserve.
Surface water permits authorise interference or obstruction of the ‘bed and banks’ of a watercourse or wetland (a surface water feature).
Permits are required for all activities that modify bed and banks in proclaimed water resource management areas and in unproclaimed areas where access to a watercourse in via a public road or reserve.
A water permit does not authorise the take of surface water. However, in many instances, persons exercising their Section 10 and 21 rights in proclaimed and unproclaimed areas require a permit to do anything. This includes installing any works or object that causes the obstruction of or interference to a watercourse or wetland or its bed and banks, in order to exercise their right to take water under these sections.
In other circumstances, where no water abstraction is proposed, a permit may also be required in proclaimed areas to authorise the installation of any works or object that causes the obstruction of or interference to a watercourse or wetland or its bed and banks (e.g. bridge maintenance or construction).
A permit to interfere with bed and banks:
- is a legal document with terms, conditions and limits that must be complied with
- does not allow you to take or use the water from the watercourse. You will need a separate licence to take water if you want to take or use this water
Note: Construction activities may require other approvals. We are not obliged to consider the safety of the works when granting a permit.
How to apply
Water licensing exemptions
Show moreRead about Water licensing exemptions.
