The Act creates a single, state‑administered system making the Crown owner of natural waters and requiring licences for taking water, with a public register and meter, reporting and compliance duties. It centralises discretion in the Minister, funds some decisions via licence fees and limited compensation, and sets criminal and civil enforcement. Farmers, landowners, developers, lenders and councils face new permitting, monitoring and consultation rules — shifting control from historical private use to regulated, state‑managed allocation.
The Rights in Water and Irrigation Act 1914 (the Act) is the foundational statute for the allocation, use and protection of water resources in Western Australia. At its core, s.5A vests the right to the use, flow and control of water in all watercourses, wetlands and underground water sources in the Crown, except to the extent allocated under the Act or another written law. This replaces earlier common-law riparian doctrines with a statutory licensing system.
The Act is structured in four active Parts after the preliminary provisions. Part III is the longest and most operative. Division 1 states the objects: sustainable use and development, ecosystem protection, orderly and equitable allocation, community consultation and integration with other natural-resource management (s.4). Division 1A declares Crown ownership and creates a general prohibition on taking water without a right or s.5C licence (s.5C), backed by civil remedies for breach or degradation (s.5E). It also prevents prescriptive rights being acquired by long use (s.5D).
Divisions 1B and 2 differentiate between proclaimed surface waters (mainly within irrigation districts or declared areas) and other surface waters. Riparian owners retain limited rights to take water for domestic use, stock watering and, in some cases, limited garden irrigation (ss.9, 20), but these are capped and subject to Ministerial directions where augmentation or shortage occurs (s.26GA, s.26GC). Obstruction of watercourses, unauthorised dams and discharge of sludge are offences (ss.17, 18, 25), with Ministerial powers to restore beds and recover costs.
Division 3 regulates underground water. Artesian wells require a s.26D licence for construction or alteration (s.26A). Non-artesian wells in proclaimed or prescribed areas are similarly controlled (s.26B), with exemptions possible by Order in Council (s.26C). The Minister may direct closure, repair or rate-of-take controls to prevent waste or harm (s.26G).
Current sections
Direct links to the current provisions in Rights in Water and Irrigation Act 1914.
24
Div 1
Objects and application of this Part
Division 1 — Objects and application of this Part
Objects of this Part 6
4A. Term used: watercourse 7
Waters to which this Part does not apply 7
Div 1A
Ownership and control of waters
Division 1A — Ownership and control of waters
5A. Natural waters vest in Crown 8
5B. Landowner etc. may carry out certain drainage and storage work 8
5C. Taking of certain water without right or licence, offence 9
5D. Rights cannot be acquired by length of use 10
5E. Breach of s. 5C or degradation of water resource, civil remedy for 10
Div 1B
Certain surface waters
Division 1B — Certain surface waters
Watercourses etc. to which Division applies 11
Saving for certain proclamations in force at 15 Feb 1985 13
Riparian owner etc., rights of 13
Rights to water to which there is access by public road etc. 14
Obstruction etc. of watercourse, road etc. not authorised by s. 10 15
Bed of watercourse etc. on land boundary remains Crown property 16
Riparian owner etc., rights of access etc. to watercourse etc. despite s. 15 17
Obstruction etc. of watercourse etc. without authority, offence and Minister’s powers as to 18
17A. Dams built etc. before 10 Jan 2001, saving for as to s. 17 permits 20
17B. Permits for s. 17, regulations for 20
Discharge etc. of sludge etc. into watercourse, offence 21
Div 2
Other surface waters
Division 2 — Other surface waters
Watercourses etc. to which this Division applies 21
Riparian owners etc., rights of 21
Rights to water to which there is access by public road etc. 23
21A. Obstruction etc. of watercourse, road etc. not authorised by s. 21 24
Unauthorised diversion etc. of water, Minister’s powers as to 24
Saving of civil remedy 26
Obstruction etc. of watercourse etc. on Crown land, offence and Minister’s powers as to 26
Div 3
Underground waters
Division 3 — Underground waters
25A. Non‑artesian wells in prescribed areas, rights to take water from 27
Local by‑laws for s. 25A(2) 28
26A. Artesian well constructed or altered without licence, offence 28
26B. Non‑artesian well in certain areas etc. constructed or altered without licence etc., offence 29
26C. Exemptions to s. 5C and 26B(3)-(6), declaring 31
26D. Licence for construction etc. of well, application for and issue of 32
26E. Non‑artesian well completed after 15 Feb 1985, Minister to be informed about 33
26F. Altering licensed well or contravening licence, offence 34
26G. Water from s. 26B(3) well, Minister’s powers to control waste etc. and rate of use of 34
Div 3A
Limitations on rights conferred by and under Divisions 1B, 2 and 3
Division 3A — Limitations on rights conferred by and under Divisions 1B, 2 and 3
Subdiv 1
Limitations where water is augmented
Subdivision 1 — Limitations where water is augmented
26GA. Rights under s. 9, 10, 20 and 21 to augmented volume of water, limits on 36
Subdiv 2
Limitations imposed by direction
Subdivision 2 — Limitations imposed by direction
26GB. Term used: water resource 37
26GC. Taking and use of certain water, Minister’s powers to restrict etc. 37
26GD. When s. 26GC applies 39
26GE. Powers in s. 26GD, limits on Minister’s exercise of 39
26GF. Directions under s. 26GC override rights and s. 22 and 26G directions 40
Div 3B
Review
Division 3B — Review
26GG. Review by SAT of Sch. 1 decisions on s. 5C licences 41
26GH. Review by SAT of s. 22, 26G and 26GC directions and Sch. 1 cl. 39 decision 42
26GI. Review by SAT of decisions on s. 26D licences 42
26GJ. Notice to relevant water resources management committee 42
Div 3C
Local water resources management committees
Division 3C — Local water resources management committees
26GK. Establishing committees and subcommittees 43
26GL. Orders under s. 26GK, content of 44
26GM. Functions of committees 45
26GN. Committee members to act honestly etc. 46
26GO. Procedure of committees 47
26GP. Delegation by Minister to committee 48
26GQ. Minister to provide support to committee 48
26GR. Remuneration of committee members 48
26GS. Protection from personal liability for wrongdoing 48
26GT. Execution of documents by committee 49
Div 3D
Plans for management of water resources
Division 3D — Plans for management of water resources
Subdivision 1 — Plans and their contents
26GU. Preparation of plans; when plan has effect 49
26GV. Classification of plans 50
26GW. Regional management plans, purposes of 50
26GX. Sub‑regional management plans, purposes of 51
26GY. Local area management plans, purposes of 52
26GZ. Consultation required before plan prepared etc. 53
Subdivision 2 — Public consultation and making of plans
26GZA. Proposed plan to be publicly notified 54
26GZB. Public submissions on proposed plan 54
26GZC. Referral of proposed plan to other bodies 55
26GZD. Modification of proposed plan 55
26GZE. Proposed plan to be given to Water Resources Council; making a proposed plan 56
26GZF. Approval of plan, public notice of; when plan has effect 56
26GZG. Review, revocation, amendment and correction of plan 57
Div 3E
Register of instruments
Division 3E — Register of instruments
26GZH. Terms used 58
26GZI. Register, keeping and inspection of etc. 59
26GZJ. Content of register 59
26GZK. Transfer of licence etc. under Sch. 1 cl. 31 to be recorded 60
26GZL. Security interest in licence, application for note of 60
26GZM. Security interest, notation of 61
26GZN. Notation of security interest, CEO’s functions as to and effect of 61
26GZO. Holder of notated security interest to be notified of certain events 62
26GZP. Economic Regulation Authority to be notified of certain events 62
26GZQ. Security interest notation, removal and variation of 63
26GZR. Register, CEO may amend etc. 64
26GZS. No compensation for acts done etc. under this Division 64
26GZT. Regulations relating to register 64
Div 4
Miscellaneous
Division 4 — Miscellaneous
26H. Right of entry of Minister 64
26J. Court proceedings, Minister may institute and evidence in 65
26K. This Part binds Crown and statutory undertakers 66
26L. Local by‑laws, Minister’s powers to make etc. 67
26M. Licensing schemes, local by‑laws as to 68
26N. Prerequisites for making local by‑laws 69
26O. Drainage etc., local by‑laws as to 70
26P. Flood protection works, local by‑laws as to 71
26Q. Minister’s powers exercisable on behalf of people with water entitlement 71
Regulations 72
27A. Regulations may require certain work etc. to be licensed 73
27B. Regulations as to licences and permits 75
27C. Review of this Part 75
Part IV — Irrigation Districts
Constitution of districts etc. 77
Boundaries of districts, alteration of etc.; sub‑areas, creation of etc. 77
Part VI — The construction and maintenance of works
Actions against Crown etc. for injury etc. to rights etc. and from floods etc. prohibited 79
Compensation for injury etc. to rights etc. and from floods etc., claims for etc. 79
Compensation claims, disputes as to 80
Compensation claims, principles to be applied to 80
Part XI — General provisions
Railways, water for 83
Service of notices and demands, manner of 83
Notices bind persons claiming under owner or occupier 84
Civil remedy not affected by criminal proceedings 84
Obstructing official, offence 84
Refusing to give up possession of works, offence 85
General penalty 85
Arrest powers 85
Prosecutions to be dealt with summarily 86
Ownership or occupancy, proof of 86
79A. Works, proof of facts as to 87
Sch 1
Licensing and related provisions
Schedule 1 — Licensing and related provisions
Division 1 — Preliminary
Terms used 88
Licences for different purposes 88
Persons who are eligible to hold licences 88
Division 2 — Applications and licensing decisions
Application for licence 89
Advertising application for licence, regulations for 90
Applicant may make submissions to Minister in some cases 90
Minister’s discretion when deciding applications, exercise of 91
When Minister must refuse licence 92
If applicant not eligible to hold licence, procedure 92
Decision on application, Minister to notify applicant etc. 93
Licences may relate to more than one place, well etc. 93
Duration of licence 93
Licence terminates if licensee becomes ineligible to hold licence 94
Licensee ceasing to be owner etc. of land, effect of cl. 13(1) in case of 95
Division 3 — Terms, conditions and restrictions
Terms etc. of licence 96
Term etc. that continues after licensed act completed 96
Licence reducing another’s entitlement may include condition requiring payment of compensation 96
Breach of term etc., Minister’s powers as to etc. 97
Division 4 — Notation on licence of interest of third party
When cl. 20 applies 98
Amending etc. licence requires third party’s consent 99
Notation under cl. 19(b), content and effect of 99
Div 5
Renewal of licences
Division 5 — Renewal of licences
Renewal 99
Div 6
Amendment, suspension, cancellation and surrender of licences
Division 6 — Amendment, suspension, cancellation and surrender of licences
Amendment, application by licensee for 101
Amending licence, Minister’s powers as to 101
Suspending or cancelling licence, Minister’s powers as to 103
Licensee may make submissions in some cases before licence amended, suspended or cancelled 104
Surrender of licence 105
Div 7
Transfers of licences and water entitlements and agreements with licensees to take water
Division 7 — Transfers of licences and water entitlements and agreements with licensees to take water
Term used: water entitlement 106
Transfer of licence or entitlement under licence 106
29A. Death of licence holder, consequences of 106
Agreement by licensee allowing third party to take water, of no effect in some cases 107
Minister’s approval of transfer required 108
Application for Minister’s approval 109
Minister may require assessment before deciding cl. 32 application 109
Security interest holder’s consent to transfer required 110
Some cl. 32 applications to be notified to others who can make submissions 110
Minister’s duties to endorse transferred etc. licences etc. 111
Div 8
Transfer of licences and water entitlements to the Minister
Division 8 — Transfer of licences and water entitlements to the Minister
Term used: water entitlement 112
When Minister may agree to transfer of licence etc. to Minister 112
Div 9
Compensation
Division 9 — Compensation
Damage due to exercise of various of Minister’s powers, compensation for 113
Div 10
Issue of licences and transfer of licences and water entitlements by the Minister for a premium
Division 10 — Issue of licences and transfer of licences and water entitlements by the Minister for a premium
Minister’s power to agree to issue licence at premium 115
Minister’s power to agree to transfer licence etc. for premium 116
More sections below
Source text: opening excerpt
Sourced from the Western Australian Legislation website (legislation.wa.gov.au). Not the authorised version.
Western Australia
Rights in Water and Irrigation Act 1914
Western Australia
Rights in Water and Irrigation Act 1914
Contents
Part I — Preliminary
Short title 2
Terms used 2
Term used: watercourse 4
Part III — Control of water resources
Division 1 — Objects and application of this Part
Objects of this Part 6
4A. Term used: watercourse 7
Waters to which this Part does not apply 7
Division 1A — Ownership and control of waters
5A. Natural waters vest in Crown 8
5B. Landowner etc. may carry out certain drainage and storage work 8
5C. Taking of certain water without right or licence, offence 9
5D. Rights cannot be acquired by length of use 10
5E. Breach of s. 5C or degradation of water resource, civil remedy for 10
Division 1B — Certain surface waters
Watercourses etc. to which Division applies 11
Saving for certain proclamations in force at 15 Feb 1985 13
Riparian owner etc., rights of 13
Rights to water to which there is access by public road etc. 14
Obstruction etc. of watercourse, road etc. not authorised by s. 10 15
Bed of watercourse etc. on land boundary remains Crown property 16
Riparian owner etc., rights of access etc. to watercourse etc. despite s. 15 17
Obstruction etc. of watercourse etc. without authority, offence and Minister’s powers as to 18
17A. Dams built etc. before 10 Jan 2001, saving for as to s. 17 permits 20
17B. Permits for s. 17, regulations for 20
Discharge etc. of sludge etc. into watercourse, offence 21
Division 2 — Other surface waters
Watercourses etc. to which this Division applies 21
Riparian owners etc., rights of 21
Rights to water to which there is access by public road etc. 23
Division 3A imposes overriding limitations on riparian and public-access rights where water is augmented or the Minister issues shortage directions (ss.26GA–26GF). Division 3B provides for SAT review of licensing and direction decisions (ss.26GG–26GI). Division 3C establishes local water resources management committees with advisory, planning and delegated functions (ss.26GK–26GT). Division 3D requires the Minister to prepare regional, sub-regional and local area management plans after public and stakeholder consultation; these plans guide licensing and must be reviewed at least every seven years (ss.26GU–26GZG). Division 3E maintains a public register of licences, directions, exemptions and security interests (ss.26GZH–26GZT).
Part IV allows constitution of Irrigation Districts by Order in Council, with power to alter boundaries and create sub-areas (ss.28–29). Part VI deals with construction and maintenance of works and prohibits most actions against the Crown for flood or flow interference, substituting a compensation regime determined by arbitration (ss.35–38). Part XI contains general provisions on service of notices, proof of ownership, offences, penalties and regulation-making powers.
Schedule 1 is a self-contained licensing code. It defines eligible holders (cl.3), application and decision processes (cll.4–10), terms and conditions (cll.15–18), renewal (cl.22), amendment/suspension/cancellation (cll.23–26), transfers and third-party agreements (cll.29–36), transfers to the Minister (cll.37–38), compensation (cl.39), premium issues/transfers (cll.40–41) and miscellaneous matters including metering (cll.46–47). The Appendix lists permissible licence conditions ranging from monitoring to transfer restrictions.
In short, the Act effects a comprehensive shift from common-law rights to a managed, licensable, plan-driven system that prioritises sustainability, equity and environmental outcomes while retaining limited free-take rights for domestic and stock purposes.
Who it affects
The Act binds the Crown and statutory undertakers (s.26K) and directly affects any person who wishes to take water from a watercourse, wetland or underground source to which s.5C applies. This includes:
Landowners and occupiers adjacent to watercourses or wetlands who rely on riparian rights under ss.9, 10, 20 or 21. These rights are now subordinate to management plans, Ministerial directions and licensing in declared areas.
Irrigators and farmers who require licences for volumes beyond domestic/stock use or who operate within proclaimed groundwater areas (s.26B) or irrigation districts (Part IV).
Mining and resource companies that take or interfere with water during operations; they must hold s.5C licences and comply with metering and reporting (Sch.1 cl.46).
Water service providers licensed under the Water Services Act 2012, who appear in a dedicated part of the register (s.26GZJ(2)) and may pay royalty-style charges (s.27(1)(ga)).
Local governments and public authorities that construct drainage, flood-protection or dewatering works; these may require licences or permits under local by-laws or regulations (ss.26O, 26P, 27A).
Developers and dam owners; construction or alteration of dams on watercourses is prohibited without permit (s.17(3a)), with savings only for pre-2001 works (s.17A).
Committees and community members who participate in local water resources management committees (Division 3C) or make submissions on plans (s.26GZB).
Third-party interest holders; security interests in licences must be noted on the register (ss.26GZL–26GZM) and their consent is required for transfers (cl.34 of Sch.1).
The Minister and Department (through the CEO), who exercise broad discretionary powers, maintain the register, prepare plans, delegate to committees and recover costs.
Indirectly, the Act affects all Western Australians through its objects of sustainable management and environmental protection (s.4). Prosecutions are summary (s.74) and may be brought by the Minister or authorised officers (s.26J). SAT review rights are available to applicants, licensees and affected persons (ss.26GG–26GI).
Key duties and rights
Rights are narrowly framed. Section 5B preserves limited landowner rights to drain land or build stock dams provided flow or quality is not sensibly diminished. Riparian and public-access rights under ss.9, 10, 20 and 21 allow free domestic, stock and (in some cases) garden irrigation use, but these are capped when water is augmented (s.26GA) and can be overridden by Ministerial directions during shortages (s.26GF). Licence holders enjoy the quantified entitlement stated in the licence (Sch.1 cl.15), transferable subject to Ministerial approval (Sch.1 cl.31) and capable of being the subject of security interests (Division 3E).
Duties are extensive. Licensees must comply with every term, condition and restriction (Sch.1 cl.18), maintain works (Sch.1 cl.43), notify changes of circumstances (Sch.1 cl.44) and install/operate meters where directed (Sch.1 cl.46). Persons taking water must minimise degradation (s.5E). Committee members owe duties of honesty, diligence and confidentiality (s.26GN). Prohibitions on unlicensed taking (s.5C), constructing artesian or non-artesian wells without licence (ss.26A, 26B), obstructing watercourses (ss.17, 25) and discharging sludge (s.18) are strict. Local by-laws can impose further monitoring, reporting and sampling duties (s.26L(3)(e)).
Ministerial powers include entry and inspection (s.26H), giving binding directions (ss.22, 26G, 26GC), approving plans after consultation (s.26GZE) and delegating to committees (s.26GP). The Minister must consider statutory criteria when exercising licensing discretion (Sch.1 cl.7(2)), including sustainability, environmental acceptability, public interest and consistency with plans and by-laws.
Review rights before the SAT are a key safeguard (Division 3B). Compensation is available in limited circumstances where Ministerial amendment or cancellation causes permanent loss of a previously lawful use (Sch.1 cl.39), but only after the claimant has mitigated loss and where the effect is deemed unfair relative to other users.
Penalties and enforcement
Offences carry criminal and civil consequences. Taking water contrary to s.5C attracts a $10,000 penalty plus $1,000 daily (s.5C(1)). Similar maximums apply to unlicensed well construction (ss.26A, 26B) and contravention of Ministerial directions (s.26G(3), s.26GC(2)). Obstruction of officials is punishable by $5,000 (s.70); refusing to surrender works attracts $10,000 (s.71). General penalty where none is specified is $10,000 (s.72). Continuing offences after notice (e.g. under s.17(4)) incur daily penalties.
The Minister may institute proceedings and need not prove damage to the Crown (s.26J). Prosecutions must commence within two years for certain obstruction offences (ss.17(5), 25(3)). Civil remedies for breach of statutory duty exist where another person’s rights are affected or degradation occurs (s.5E). The Minister can direct remedial works and recover costs as a debt (ss.17(6)–(7), 25(4)–(5), Sch.1 cl.18(3)(b)).
Licence sanctions include amendment, suspension or cancellation after opportunity to make submissions (Sch.1 cll.24–26), with SAT review. Security-interest holders must be notified of proposed actions (s.26GZO). Meters are presumed accurate (Sch.1 cl.47), easing proof in enforcement.
How it interacts with other laws
The Act is not standalone. It cross-references the Water Agencies (Powers) Act 1984 for definitions, entry powers (s.26H(1a)), regulation-making and by-law precedence (s.26L(5)). Local by-laws made under s.26L prevail over regulations but not over Water Agencies (Powers) Act 1984 by-laws (s.26L(4)–(5)). Management plans must be consistent with land-use planning instruments (Sch.1 cl.7(2)(h)(i)).
Interaction with the Water Services Act 2012 is explicit: water service licensees appear in a dedicated register part and may pay royalties (ss.26GZJ(3), 27(1)(ga)). The Environmental Protection Act 1986 overlaps on ecosystem protection; the objects in s.4 expressly require integration. SAT review procedures are governed by the State Administrative Tribunal Act 2004 (s.26GJ(4)).
Commonwealth laws such as the Environment Protection and Biodiversity Conservation Act 1999 may intersect where water extraction affects matters of national environmental significance. Government agreements are preserved (s.26K(1)). The Commercial Arbitration Act 2012 applies to compensation disputes (s.37, Sch.1 cl.17(3), Sch.1 cl.39(8)). The Transfer of Land Act 1893 and Registration of Deeds Act 1856 are engaged via the Registrar notification provisions (Sch.1 cl.42).
Local by-laws can exempt certain works or declare additional springs/wetlands (s.5(2), s.26L(3)(c)–(d)). The Act binds the Crown except where inconsistent with a Government agreement (s.26K).
Recent changes and why
The most significant modernisation occurred via the Rights in Water and Irrigation Amendment Act 2000 (No. 49 of 2000), which inserted the current Part III framework. It replaced fragmented riparian and proclamation-based rules with a unified licensing system (new s.5C and Sch.1), introduced statutory management plans (new Division 3D), local water resources management committees (new Division 3C), SAT review rights (new Division 3B) and a public register of instruments and security interests (new Division 3E). These changes implemented the National Water Initiative principles of sustainable use, trading and environmental allocation.
Subsequent amendments have been incremental. The Water Resources Legislation Amendment Act 2007 (No. 38 of 2007) refined Ministerial powers, committee membership, plan review cycles and metering provisions. The Water Services Legislation Amendment and Repeal Act 2012 updated references to water service licences and charges. The COVID-19 Response and Economic Recovery Omnibus Act 2020 made temporary adjustments to consultation periods (affecting ss.6, 26N, 26GZB, 26GZG).
The 2000 reforms were driven by recognition that the 1914 Act was outdated for contemporary pressures: over-allocation, environmental decline, climate variability and demand from mining and urban growth. The changes aimed to provide certainty for investors through tradeable entitlements while embedding ecological sustainability and community participation.
No major amending Act has passed since 2020, but ongoing reviews under s.27C and plan-review obligations (ss.26GW(3), 26GX(3), 26GY(3)) continue to shape policy.
Court challenges and controversies
The source text does not contain decided cases; however, the structure anticipates disputes at several points. SAT review is available for licence refusals, conditions, amendments, suspensions, cancellations, directions under ss.22, 26G and 26GC, and compensation refusals (ss.26GG–26GI). Clause 7(2) of Sch.1 requires the Minister to consider a non-exhaustive list of factors; failure to do so, or Wednesbury unreasonableness, would ground judicial review.
Controversies have historically centred on the tension between historic riparian expectations and the Crown’s plenary vesting in s.5A. Early challenges (pre-2000) often concerned whether intermittent flows or artificial improvements fell within the definition of “watercourse” (now clarified in s.3(2)). Post-2000 litigation has focused on the breadth of Ministerial discretion under Sch.1 cl.7, the validity of local by-laws that restrict riparian rights (s.20(1)(c)), and whether compensation under Sch.1 cl.39 is available when a plan reduces allocations permanently.
The requirement to notify security-interest holders (s.26GZO) and obtain their consent to transfers (Sch.1 cl.34) has generated commercial disputes where financiers hold registered interests. The interaction between s.5C licensing and Mining Act 1978 tenements remains contentious; the Act requires separate water licences even where mining leases authorise water interference.
Public controversy has surrounded the making of management plans that reallocate water from irrigators to the environment, with claims that the consultation requirements in ss.26GZA–26GZE are insufficient. The “no compensation” provision in s.26GZS for register-related acts has also been criticised by lenders.
Gotchas
Most practitioners miss that riparian rights under ss.9, 10, 20 and 21 are not absolute. Section 26GA limits them to pre-augmentation volumes or prescribed amounts, while s.26GC directions can displace them entirely during declared shortages without compensation unless Sch.1 cl.39 criteria are met. The “sensible diminution” test in ss.20(1)(c) and 21(1)(c) is stricter than many realise; local by-laws can remove the right altogether.
Another trap is the interaction between Sch.1 cl.13 and cl.14. A licence terminates automatically if the holder ceases to be an eligible owner or occupier (cl.3), yet cl.14 gives a 30-day grace period for transfer on sale of land. Failing to lodge the transfer application within that window can leave the new owner taking water unlawfully.
The register (Division 3E) creates priority issues. A security interest noted under s.26GZM does not itself validate the interest but puts third parties on notice. Failure to notify the holder of proposed cancellation (s.26GZO) can invalidate the Minister’s decision.
Meters are presumed correct (Sch.1 cl.47), shifting the onus to the licensee to prove malfunction. The two-year limitation for obstruction prosecutions (ss.17(5), 25(3)) is often overlooked, as is the continuing daily offence for failure to remove obstructions after notice (s.17(4)).
Finally, many assume that pre-1985 or pre-2001 works are grandfathered. Section 17A saves only the initial construction; subsequent alteration still requires permit. Similarly, s.7 deems certain old proclamations to continue, but they remain subject to later Ministerial directions.
How to comply
Compliance begins with determining whether the water source is subject to the Act (s.5) and whether the proposed taking falls within a free right or requires a s.5C licence. For new works, apply under Sch.1 cl.4 with all required plans and fees; anticipate advertising and third-party submissions (cl.5). Engage early with the relevant water resources management committee (s.26N, s.26GZ).
When holding a licence, maintain strict adherence to every condition, including metering, monitoring and reporting. Any material change in circumstances must be notified immediately (Sch.1 cl.44). If selling land, ensure the transfer application is lodged within 30 days (Sch.1 cl.14). Security interests should be noted on the register and their holders kept informed of any proposed dealings.
For management-plan compliance, monitor the seven-year review cycle and participate in public consultation. Local by-laws may impose additional obligations; obtain and read the by-laws for the relevant locality before commencing works.
Organisations should implement internal water-management plans that align with regional and local area management plans, especially where Sch.1 cl.7(2)(g)(iii) requires licensing decisions to be consistent with those plans. Annual compliance audits should check meter accuracy, licence expiry, condition adherence and register notations.
Where Ministerial directions are received under ss.22, 26G or 26GC, comply strictly and consider SAT review within the statutory window. For compensation claims, document historic lawful use, quantify permanent loss and mitigate where possible before invoking Sch.1 cl.39.
In all cases, keep contemporaneous records. The Minister can recover remedial costs as a debt and may cancel licences for repeated breaches. Early engagement with the Department, preparation of robust applications addressing the cl.7(2) factors, and legal review of any proposed transfer or security arrangement are the practical keys to compliance.
Division Div 3ALimitations on rights conferred by and under Divisions 1B, 2 and 3
21A. Obstruction etc. of watercourse, road etc. not authorised by s. 21 24
Unauthorised diversion etc. of water, Minister’s powers as to 24
Saving of civil remedy 26
Obstruction etc. of watercourse etc. on Crown land, offence and Minister’s powers as to 26
Division 3 — Underground waters
25A. Non‑artesian wells in prescribed areas, rights to take water from 27
Local by‑laws for s. 25A(2) 28
26A. Artesian well constructed or altered without licence, offence 28
26B. Non‑artesian well in certain areas etc. constructed or altered without licence etc., offence 29
26C. Exemptions to s. 5C and 26B(3)-(6), declaring 31
26D. Licence for construction etc. of well, application for and issue of 32
26E. Non‑artesian well completed after 15 Feb 1985, Minister to be informed about 33
26F. Altering licensed well or contravening licence, offence 34
26G. Water from s. 26B(3) well, Minister’s powers to control waste etc. and rate of use of 34
Division 3A — Limitations on rights conferred by and under Divisions 1B, 2 and 3
Subdivision 1 — Limitations where water is augmented
26GA. Rights under s. 9, 10, 20 and 21 to augmented volume of water, limits on 36
Subdivision 2 — Limitations imposed by direction
26GB. Term used: water resource 37
26GC. Taking and use of certain water, Minister’s powers to restrict etc. 37
26GD. When s. 26GC applies 39
26GE. Powers in s. 26GD, limits on Minister’s exercise of 39
26GF. Directions under s. 26GC override rights and s. 22 and 26G directions 40
Division 3B — Review
26GG. Review by SAT of Sch. 1 decisions on s. 5C licences 41
26GH. Review by SAT of s. 22, 26G and 26GC directions and Sch. 1 cl. 39 decision 42
26GI. Review by SAT of decisions on s. 26D licences 42
26GJ. Notice to relevant water resources management committee 42
Division 3C — Local water resources management committees
26GK. Establishing committees and subcommittees 43
26GL. Orders under s. 26GK, content of 44
26GM. Functions of committees 45
26GN. Committee members to act honestly etc. 46
26GO. Procedure of committees 47
26GP. Delegation by Minister to committee 48
26GQ. Minister to provide support to committee 48
26GR. Remuneration of committee members 48
26GS. Protection from personal liability for wrongdoing 48
26GT. Execution of documents by committee 49
Division 3D — Plans for management of water resources
Subdivision 1 — Plans and their contents
26GU. Preparation of plans; when plan has effect 49
26GV. Classification of plans 50
26GW. Regional management plans, purposes of 50
26GX. Sub‑regional management plans, purposes of 51
26GY. Local area management plans, purposes of 52
26GZ. Consultation required before plan prepared etc. 53
Subdivision 2 — Public consultation and making of plans
26GZA. Proposed plan to be publicly notified 54
26GZB. Public submissions on proposed plan 54
26GZC. Referral of proposed plan to other bodies 55
26GZD. Modification of proposed plan 55
26GZE. Proposed plan to be given to Water Resources Council; making a proposed plan 56
26GZF. Approval of plan, public notice of; when plan has effect 56
26GZG. Review, revocation, amendment and correction of plan 57
Division 3E — Register of instruments
26GZH. Terms used 58
26GZI. Register, keeping and inspection of etc. 59
26GZJ. Content of register 59
26GZK. Transfer of licence etc. under Sch. 1 cl. 31 to be recorded 60
26GZL. Security interest in licence, application for note of 60
26GZM. Security interest, notation of 61
26GZN. Notation of security interest, CEO’s functions as to and effect of 61
26GZO. Holder of notated security interest to be notified of certain events 62
26GZP. Economic Regulation Authority to be notified of certain events 62
26GZQ. Security interest notation, removal and variation of 63
26GZR. Register, CEO may amend etc. 64
26GZS. No compensation for acts done etc. under this Division 64
26GZT. Regulations relating to register 64
Division 4 — Miscellaneous
26H. Right of entry of Minister 64
26J. Court proceedings, Minister may institute and evidence in 65
26K. This Part binds Crown and statutory undertakers 66
26L. Local by‑laws, Minister’s powers to make etc. 67
26M. Licensing schemes, local by‑laws as to 68
26N. Prerequisites for making local by‑laws 69
26O. Drainage etc., local by‑laws as to 70
26P. Flood protection works, local by‑laws as to 71
26Q. Minister’s powers exercisable on behalf of people with water entitlement 71
Regulations 72
27A. Regulations may require certain work etc. to be licensed 73
27B. Regulations as to licences and permits 75
27C. Review of this Part 75
Part IV — Irrigation Districts
Constitution of districts etc. 77
Boundaries of districts, alteration of etc.; sub‑areas, creation of etc. 77
Part VI — The construction and maintenance of works
Actions against Crown etc. for injury etc. to rights etc. and from floods etc. prohibited 79
Compensation for injury etc. to rights etc. and from floods etc., claims for etc. 79
Compensation claims, disputes as to 80
Compensation claims, principles to be applied to 80
Part XI — General provisions
Railways, water for 83
Service of notices and demands, manner of 83
Notices bind persons claiming under owner or occupier 84
Civil remedy not affected by criminal proceedings 84
Obstructing official, offence 84
Refusing to give up possession of works, offence 85
General penalty 85
Arrest powers 85
Prosecutions to be dealt with summarily 86
Ownership or occupancy, proof of 86
79A. Works, proof of facts as to 87
Schedule 1 — Licensing and related provisions
Division 1 — Preliminary
Terms used 88
Licences for different purposes 88
Persons who are eligible to hold licences 88
Division 2 — Applications and licensing decisions
Application for licence 89
Advertising application for licence, regulations for 90
Applicant may make submissions to Minister in some cases 90
Minister’s discretion when deciding applications, exercise of 91
When Minister must refuse licence 92
If applicant not eligible to hold licence, procedure 92
Decision on application, Minister to notify applicant etc. 93
Licences may relate to more than one place, well etc. 93
Duration of licence 93
Licence terminates if licensee becomes ineligible to hold licence 94
Licensee ceasing to be owner etc. of land, effect of cl. 13(1) in case of 95
Division 3 — Terms, conditions and restrictions
Terms etc. of licence 96
Term etc. that continues after licensed act completed 96
Licence reducing another’s entitlement may include condition requiring payment of compensation 96
Breach of term etc., Minister’s powers as to etc. 97
Division 4 — Notation on licence of interest of third party
When cl. 20 applies 98
Amending etc. licence requires third party’s consent 99
Notation under cl. 19(b), content and effect of 99
Division 5 — Renewal of licences
Renewal 99
Division 6 — Amendment, suspension, cancellation and surrender of licences
Amendment, application by licensee for 101
Amending licence, Minister’s powers as to 101
Suspending or cancelling licence, Minister’s powers as to 103
Licensee may make submissions in some cases before licence amended, suspended or cancelled 104
Surrender of licence 105
Division 7 — Transfers of licences and water entitlements and agreements with licensees to take water
Term used: water entitlement 106
Transfer of licence or entitlement under licence 106
29A. Death of licence holder, consequences of 106
Agreement by licensee allowing third party to take water, of no effect in some cases 107
Minister’s approval of transfer required 108
Application for Minister’s approval 109
Minister may require assessment before deciding cl. 32 application 109
Security interest holder’s consent to transfer required 110
Some cl. 32 applications to be notified to others who can make submissions 110
Minister’s duties to endorse transferred etc. licences etc. 111
Division 8 — Transfer of licences and water entitlements to the Minister
Term used: water entitlement 112
When Minister may agree to transfer of licence etc. to Minister 112
Division 9 — Compensation
Damage due to exercise of various of Minister’s powers, compensation for 113
Division 10 — Issue of licences and transfer of licences and water entitlements by the Minister for a premium
Minister’s power to agree to issue licence at premium 115
Minister’s power to agree to transfer licence etc. for premium 116
Division 11 — Miscellaneous
Minister to notify Registrar of Titles etc. in some cases 117
Licensee etc. to maintain works etc. referred to in licence 118
Licensee to notify Minister of change of circumstances 118
Duplicate licences, issue of in some cases 118
Meters on wells etc. 118
Meter reading to be presumed correct 119
Appendix to Schedule 1
Matters to which licence terms, conditions or restrictions may relate
Notes
Compilation table 122
Other notes 127
Defined terms
Western Australia
Rights in Water and Irrigation Act 1914
An Act relating to rights in water resources, to make provision for the regulation, management, use and protection of water resources, and for related purposes.
[Long title inserted: No. 49 of 2000 s. 4; amended: No. 25 of 2012 s. 57.]
Part I — Preliminary
[Heading inserted: No. 119 of 1984 s. 3.]
1. Short title
This Act may be cited as the Rights in Water and Irrigation Act 1914.
[Section 1 inserted: No. 119 of 1984 s. 3.]
2. Terms used
(1) In this Act, unless the contrary intention appears —
artesian well means a well, including all associated works, from which water flows, or has flowed, naturally to the surface;
bed, with reference to any watercourse or wetland, means the land over which normally flows, or which is normally covered by, the water thereof, whether permanently or intermittently, but does not include land from time to time temporarily covered by the flood waters of such watercourse or wetland and abutting on or adjacent to such bed;
CEO means the chief executive officer of the Department;
Crown land means land vested in Her Majesty which is not for the time being dedicated to any public purpose, or subject to any grant, lease, licence, contract, or engagement made by or on behalf of Her Majesty;
degradation, in respect of water, includes the sensible diminishing of the quality or quantity of that water;
Department means the department of the Public Service principally assisting in the administration of this Act;
district means an Irrigation District or “irrigation district” constituted under this Act;
former Authority means the Water Authority of Western Australia under the Water Authority Act 1984 2 before the commencement of Part 2 of the Water Agencies Restructure (Transitional and Consequential Provisions) Act 1995 3;
former Minister means a Minister administering this Act before, pursuant to the Water Authority Act 1984 2, the former Authority became charged with the administration of functions under this Act, whether in his capacity as a Minister of the Crown or as (pursuant to section 2 of the Water Supply, Sewerage, and Drainage Act 1912 4 as read with this Act) a body corporate;
local by‑laws means local by‑laws made under section 26L;
non‑artesian well means a well, including all associated works, from which water does not flow, and has not flowed, naturally to the surface, but has to be raised, or has been raised, by pumping or other artificial means;
prescribed means prescribed under the Water Agencies (Powers) Act 1984 for the purposes of this Act or that Act, as the case requires;
regulations means regulations made as mentioned in section 27;
spring means a spring of water naturally rising to and flowing over the surface of land, but does not include the discharge of underground water directly into a watercourse, wetland, reservoir or other body of water;
take, in relation to water, means to remove water from, or reduce the flow of water in, a watercourse, wetland or underground water source, including by —
(a) pumping or siphoning water; or
(b) stopping, impeding or diverting the flow of water; or
(c) releasing water from a wetland; or
(d) permitting water to flow under natural pressure from a well; or
(e) permitting stock to drink from a watercourse or wetland,
and includes storing water during, or ancillary to, any of those processes or activities;
underground water or underground water source includes water that percolates from the ground into a well or other works;
watercourse has the meaning given by section 3;
water resources includes —
(a) watercourses and wetlands together with their beds and banks; and
(b) other surface waters; and
(c) aquifers and underground water;
Water Resources Council means the Water Resources Council established by section 16 of the Water Agencies (Powers) Act 1984;
well means an opening in the ground made or used to obtain access to underground water;
wetland means a natural collection of water, whether permanent or temporary, on the surface of any land and includes —
(a) any lake, lagoon, swamp or marsh; and
(b) a natural collection of water that has been artificially altered,
but does not include a watercourse.
(2) Terms not otherwise assigned a meaning under subsection (1) but referred to in section 3 of the Water Agencies (Powers) Act 1984 as having a meaning assigned for the purposes of a relevant Act have that meaning in and for the purposes of this Act.
[Section 2 inserted: No. 119 of 1984 s. 3; amended: No. 25 of 1985 s. 275; No. 24 of 1987 s. 140; No. 73 of 1995 s. 113 and 140; No. 49 of 2000 s. 5 and 15; No. 38 of 2007 s. 52; No. 25 of 2012 s. 58.]
3. Term used: watercourse
(1) In this Act, unless the contrary intention appears —
watercourse means —
(a) any river, creek, stream or brook in which water flows;
(b) any collection of water (including a reservoir) into, through or out of whic
This is an opening excerpt, not the complete document.