Water Licensing
Groundwater licences under the Water Act 1912 – Frequently asked questions
The issue of licences to install a bore and take water from groundwater sources in those areas where water sharing plans have not commenced is governed by the Water Act 1912 and managed by the NSW Office of Water. Groundwater supplies are limited and in some of the heavily used groundwater aquifers, there may be embargoes in place for some water uses to ensure that the aquifer can be sustainably used by those that rely on it.
To find out where water sharing plans have commenced, go to Which Act applies? Water access licences and approvals to take and use water from water sources governed by water sharing plans are granted according to the Water Management Act 2000.
Note that the term 'bore' is used here to mean any bore or well, or any excavation or other work, connected or proposed to be connected with sub-surface water sources to access it either by natural flows or by a pump or other artificial means (refer to s. 105 Water Act 1912).
You must obtain a bore licence before constructing a bore on your property and apply for the licence using an Application for a groundwater licence (under Part 5 of the Water Act 1912) form (PDF 240 KB). The application must be completed in the name of the lawful occupier or registered owner of the land but may be signed by the owner, occupier or an authorised agent.
Do I need a licence for domestic and stock use?
While landholders do not need a licence for domestic and stock use (as this use is part of their domestic and stock right), a water licence is still required to construct a bore to take groundwater for domestic or stock use if the water source is not governed by a water sharing plan.
You must only use this water for household purposes (non-commercial uses in and around the house and garden) and for watering of stock. This water cannot be used for irrigating crops or garden produce that will be sold or bartered, for washing down machinery sheds or for intensive livestock operations.
In times of limited supply, there may be restrictions on taking water for domestic and stock use.
What is the quality of groundwater like?
The quality of groundwater varies greatly across the State. In some places the water is good quality, in other places it can be saline or contaminated and cannot be used for watering gardens or irrigation. Laboratories registered with the National Association of Testing Authorities can provide groundwater tests.
Is there a charge for licences issued under the Water Act 1912?
Industrial and irrigation bore licences are subject to both licence application fees and annual water charges.
While application fees apply for stock and domestic artesian bore licences, there is currently no licence fee for non-artesian stock and domestic bores. There are no annual water charges for any stock and domestic bores.
For more information go to Fees under the Water Act 1912 or contact a water licensing officer.
What happens after I receive a licence?
If you are engaging a bore driller, you are responsible for ensuring that the works are drilled by a person who holds a current driller's licence issued by the NSW Office of Water for the class of work and drilling method to be used. You should check the driller's licence and its classification before you engage them. Drillers are required to carry their licence with them.
You must provide the driller with a copy of the groundwater licence and conditions sheets so that the driller is aware of any special construction requirements. NSW Office of Water strongly advises that you obtain a written agreement (contract) from the drilling contractor for the work to be undertaken.
The bore must be constructed to the minimum requirements set out in guidelines developed by the National Groundwater Committee: Minimum Construction Requirements for Water Bores in Australia.
On completion of the bore, the NSW Office of Water recommends conducting a single rate pumping test for a minimum period of six hours for domestic and stock use and longer for commercial uses. A pump test will allow determination of the safe yield, optimum pump rate and pump depth for the bore.
After the bore has been constructed, as part of their licence requirements, drillers must complete all three copies of the NSW Office of Water 'Form A' including details of the location of the bore on your property, construction details of the bore, as well as information on the quality of the bore water. You must send a copy of the Form A to the NSW Office of Water, together with any other additional information required in the licence conditions, within two months of completion of the bore.
Why do I require a licence?
Groundwater sources (aquifers) are often connected to surface flows and it is important to manage them sustainably and to protect the water quality and groundwater dependent ecosystems.
The NSW Office of Water uses records from licences and the Form A received after drilling to ensure that the available water is shared fairly between water users taking it for domestic and stock use, for farming, industry, towns and other uses and the environment. Commercial groundwater licences are generally metered and have an annual extraction limit. They are normally renewable every five years.
The Office may also use contact details for groundwater licence holders to inform them of requirements caused by reduced water quality or, in some circumstances, to inform them of changes to their licence conditions.
My property already has a bore, how do I find out if it's licensed?
NSW Office of Water water licensing officers can advise you whether a bore on your property is licensed. If your bore is unlicensed they will advise you whether you can obtain a licence.
My bore collapsed or failed, can I construct a replacement bore on my current licence?
You must have your licence amended or apply to the NSW Office of Water for a replacement bore licence.
What are the penalties for illegal activities?
It is illegal to construct a bore without first obtaining a groundwater licence. It is also illegal for a driller to construct a bore without a driller's licence. Under the Water Act there are penalties of up to $22,000 for constructing a bore illegally.
More information on the NSW Office of Water Compliance Policy.
Where do I get more information?
Contact the NSW Office of Water water licensing enquiries telephone information line on 1800 353 104 or your local water licensing officer.