Water Licensing
New access licences
The Water Management Act 2000 governs the issue of new water licences and the trade of water access licences and allocations for those water sources (rivers, lakes and groundwater) in NSW where water sharing plans have commenced.
Water access licences under the Water Management Act 2000 differ from licences under the Water Act 1912. They:
- provide a clearly-defined share of the available water in a particular water source that can be sustainably extracted
- provide a clearly-defined entitlement that is separate from land ownership
- separates the entitlement to access water from the approvals associated with supply works and the use of water
- in the case of 'continuing' water access licences (licences granted in perpetuity), allow for the licence and water allocation available under that licence to be bought and sold fully or in parts and for the licences to be subdivided, consolidated and changed (eg for category, zone, water source)
- are listed on a public Water Access Licence Register .
Note that licences issued for specific purposes such as domestic, stock or aboriginal cultural are not transferable.
Once a water sharing plan commences, all existing Water Act licences are converted to water access licences and approvals under the Water Management Act. For information about this process go to Conversion of water licences to water access licences and approvals (PDF 349 KB).
For information on water access licences and certificates go to the Guide to water access licences and certificates (PDF 126 KB).
Applying for a new water access licence
You can apply for a new water access licence using three options:
- Use the Water Applications online option for an easy to use, interactive option. Applications using the online service can be processed faster and with greater accuracy than those submitted by post. Applicants can also track the progress of their application using a unique log in and password.
Once completed, a copy of the application must be printed out, signed by all applicants, and faxed, emailed (as a scanned attachment), posted or lodged in person at the DWE licensing office indicated in the online application.
When using the online option, application fees can be paid by phone using a credit card or by cheque. - Download an application form as a Word document to complete the application on screen and save it to your personal computer. The form must then be submitted by post or lodged in person at your local DWE licensing office.
Application fees must be paid by cheque made out to the Department of Water and Energy. - Either download an application as a PDF copy from this website or obtain a copy from a DWE office and complete it in handwriting. The form must then be submitted by post or lodged in person at your local DWE licensing office.
Application fees must be paid by cheque made out to the Department of Water and Energy
DWE application form: New specific purpose water access licence (PDF 46 KB) (Word 165 KB)
Apply online – Go to www.wis.dnr.nsw.gov.au
Guide to the application for a new specific purpose water access licence (PDF 35 KB)
DWE application form: New water access licence with a zero share component (PDF 45 KB) (Word 146 KB)
Apply online – Go to www.wis.dnr.nsw.gov.au
Guide to the application for a new water access licence with a zero share component (PDF 34 KB)
DWE application form: New water access licence pursuant to a controlled allocation order (PDF 46 KB) (Word 153 KB)
Apply online – Go to www.wis.dnr.nsw.gov.au
Guide to the application for a new water access licence pursuant to a controlled allocation order (PDF 35 KB).
Generally, new water access licences for commercial purposes (irrigation, industry, and mining) with a share of the available water are no longer being granted. If you need to obtain a permanent share of water you will have to purchase an existing licence on the water market (see the information on Dealings and trade).
However in most water sources it is still possible to apply for:
- specific purpose licences (such as domestic and stock, Aboriginal cultural, or local water utility access licences) depending on the rules in the water sharing plan. Granting of the licence is not automatic and will need to be assessed by the Department of Water and Energy.
- zero share licences. Although this will not provide you with an allocated share component, it allows you to have a water account and to buy allocation water on an annual basis or share component from another licence holder.
Water access licences may also become available under a controlled allocation order. Under this order the Government may make licences available in a specific water source through a tender or auction process.
Do I need to contact the Department?
We suggest you contact your local office to discuss the type of water access licence you require and the most appropriate method for obtaining such a licence. The Department will also advise on the rules in the water sharing plan and the likely conditions on the licence.
To apply for a new specific purpose water access licence you must already have a water supply work approval or have submitted an application for this approval. For more information and a copy of the application form, go to Water supply work and water use approvals.
How do I apply for a specific purpose licence?
You can only apply for a particular category of specific purpose licence if this is allowed for in the relevant water sharing plan or regulations under the Water Management Act 2000 (Water Management (General) Regulation 2000). There is no set period for the term of specific purpose licences – they cease when the purpose for which they were issued ceases.
You will need to complete the Application for a new specific purpose water access licence (PDF 46 KB) (Word 165 KB). In the application you must show that the volume of water applied for is the minimum needed for your purpose. For information on estimating the water needed for domestic and stock purposes go to How much water do I need for my rural property? (PDF 92 KB)
How do I apply for a licence with a zero share component?
You will need to complete the the Application for a new water access licence with a zero share component (PDF 45 KB) (Word 146 KB). However you cannot extract water under this licence until you have either obtained account water via a water allocation assignment, or by purchasing a share component from another water access licence.
What fees apply to licence applications?
For more information on fees set by the Independent Pricing and Regulatory Tribunal (IPART) go to Fees and charges.
The current IPART determination identifies fees for applications for new zero and new specific purpose licences, however, currently there is no fee for applications for new water access licences made pursuant to a controlled allocation order.
Once approved, the Land and Property Information Division of the Department of Lands charges a fee to register the licence on the Water access licence register.
How is the application processed?
If the application is complete it will be registered on the Department's database.
Your application will be assessed against the water sharing plan rules applicable to the relevant water source and provisions of the Water Management Act 2000 and Regulations 2004. You can obtain a copy of the water sharing plan from www.legislation.nsw.gov.au or local Department of Water and Energy office. Assessment may require consultation with Native Title Representatives or local Aboriginal groups. The DWE assessment officer will also check that, in the case of a specific purpose licence, you have the required approvals or have applied for these and that the volume sought is reasonable for the proposed purpose.
DWE staff will either determine to grant the application with appropriate conditions or refuse it.
The Department will advise you by letter of the result of your application, known as the notice of determination. The notice will include the conditions that will apply to the licence.
Registering the licence with Land and Property Information
If an application for a new water access licence is granted, it is the responsibility of the applicant to present the notification to Land and Property Information to register the licence on the Water Access Licence Register. A fee is charged by Land and Property Information to register the new licence.
After registration, Land and Property Information will issue the water access licence certificate to the licence holder. It is important to keep the water access licence certificate as you will need to produce it if you wish to sell your licence or amend it later. For more information go to the Guide to water access licences and certificates (PDF 126 KB)
When can I take water?
The new water access licence becomes legally effective only when it is registered by Land and Property Information. A water allocation account will be established for a specific purpose licence and, if an available water determination has been made, water will be credited to your account.
Once water is credited to the account, you may commence to take water via your nominated water supply work.
For zero share water access licences a water allocation account will also be established, but water will only be credited to the account once you have purchased account water or a share component from someone else.
For more information
Contact the water licensing officer at your local Department of Water and Energy office.
For more information about the registration process and the current registration fee, contact the Land and Property Information by:
phone on:02 9228 6666 or toll free: 1300 052 637
email to: feedback@lands.nsw.gov.au