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1. Home
2. Water Licensing
3. About licences
4. Water Act 1912

Water Licensing

Licensing under the Water Act 1912

In those water sources (rivers, lakes and groundwater aquifers) in NSW where water sharing plans have not commenced, the Water Act 1912 still governs the issue of new water licences and the trade of water licences and allocations.

To find out whether a river or aquifer is in a water sharing plan go to Which Act applies? or phone licensing enquiries on 1800 353 104 or email information@dwe.nsw.gov.au.

Note that a number of embargo orders apply to water sources outside water sharing plans. For more information, go to Embargo orders applying to groundwater outside water sharing plan areas.

Applying for a new water licence or approval under the Water Act 1912

• Application form: Surface Water Licence (under section 10 of the Water Act 1912) (PDF 154 KB)
• Application form: Joint Water Supply Scheme (under section 20 of the Water Act 1912) (PDF 270 KB) – this form is used for applicants who wish to develop joint works to supply a group of landholders from a surface water source/s
• Application form: Groundwater Licence (under Part 5 of the Water Act 1912) (PDF 240 KB)
• Application form: Approval of controlled work (PDF 194KB) (earthwork, embankment or levee) that is likely to affect the flow of water to or from a lake or river, or prevent land from being flooded, or on a designated floodplain (under Part 8 of the Water Act 1912)

In general a Water Act licence covers both the right to take a specific volume of water as well as the works to be constructed. Most Water Act licences for commercial purposes need to be renewed every five years.

For more information go to:

Applying for a water licence under the Water Act 1912 (PDF 66 KB)
Groundwater licences under the Water Act 1912 – Frequently asked questions

Transfers of water under the Water Act 1912

There are two types of water trades available under the Water Act 1912:

• permanent transfers – the outright purchase of part or all of the volumetric entitlement attached to a licence
• temporary transfers – the purchase of allocation water from another licence holder on a seasonal basis

As a general guide, trading is permitted only:

• where transfers are consistent with the Policy for groundwater transfers in inland NSW outside water sharing plan areas. For more information see the Guidelines to the policy (PDF 85 KB).
• for temporary surface water transfers where usage is metered – in the regulated Peel River, Brogo/Bega River, Iron Pot and Eden Creek systems.

Applying for a permanent transfer

An application for permanent transfers of surface or groundwater must be lodged with the NSW Office of Water.

Application form: Permanent transfer of surface water rights (PDF 116 KB)
Application form: Permanent transfer of groundwater water rights (PDF 91 KB)

Completing the application forms

The application forms need to be completed by both the buyer and the seller. For permanent surface water transfers and some ground water transfers the buyer also needs to submit an application form for a new licence which will be created as part of the transfer.

The NSW Office of Water will check that the application is consistent with the trading rules. If so, procedures for processing a transfer apply, which include environmental assessment and an advertising and objection process. For more information go to Applying for a water licence under the Water Act 1912 (PDF 66 KB).

If the application for the licence is approved the NSW Office of Water will notify both parties and the contracts can be settled. Once settled the new and replacement licences will be issued to the buyer and seller.

Applying for a temporary transfer

Applications for temporary transfers of surface or groundwater should be lodged with State Water.

Assessment of the temporary transfer application

An assessment will be undertaken to check if there are any supply constraints which would prohibit the transfer:

• if the transfer would impact on other water users or the environment
• if the seller has sufficient account water for the transfer
• if the transfer would exceed any account limits for the buyer.

Fees under the Water Act 1912

The NSW Office of Water charges fees to cover the assessment and processing costs of applications for licences and water transfers under the Water Act 1912. For a schedule of fees, go to Fees under the Water Act 1912.

Where do I get more information?

Contact a water licensing officer or phone 1800 353 104 or email: information@dwe.nsw.gov.au
Contact State Water: phone 6841 2000, email: statewater@statewater.nsw.gov.au