Water Law in NSW: Understanding Water Access Licences and Rights
For farmers and irrigators, water is vital and closely regulated. Understanding water law, NSW rules for taking water — and in particular the water access licence, NSW entitlements — is essential for anyone who relies on water. This guide introduces the key concepts.
Water is a regulated resource
In NSW, the right to take water from rivers, aquifers and other sources is regulated. Rather than being automatic with land ownership, the ability to take water for many purposes depends on holding the correct entitlement and complying with the rules.
Water access licences
A water access licence in NSW gives the holder the right to take a share of the available water, subject to the rules and the water available in a given period. Two features matter: licences can often be traded separately from land, and the amount actually available can vary period to period.
Water sharing plans
Water sharing plans, NSW-wide, set the rules for how water is shared in particular areas and sources — including between users and the environment — and affect how much licence holders can access. Understanding the plan for your area helps you understand your water security.
Frequently asked questions
What is a water access licence in NSW?
It is an entitlement giving the holder the right to take a share of available water, subject to the rules and the water available in a given period. Licences can often be traded separately from land.
Do water rights come with rural land in NSW?
Not necessarily — entitlements can be owned and traded separately from the land, so they may not be included in a property sale.
What is a water sharing plan?
It is a plan setting the rules for sharing water in a particular area or source, including between users and the environment, and affects how much licence holders can access.
Rural water advice from Leyden Legal
Leyden Legal understands how much water matters to rural enterprises. For advice on water rights, Tamworth and district farmers rely on Leyden Legal across the North West to understand their entitlements.
Contact Leyden Legal today for advice on water law.
This article provides general information only and is not legal advice. Water law is complex and fact-specific. Please seek tailored legal advice before acting.
