This is a compilation of the Water Act 2007 that shows the text of the law as amended and in force on 1 July 2025 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.
Self‑repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
Part 1—Preliminary
1 Short title
2 Commencement
3 Objects
4 Definitions
5 Application of the Acts Interpretation Act 1901 to Parts 1A, 2A, 4, 4A, 10A and 11A
6 Planned environmental water
6A Meaning of eligible tradeable water right
7 Infrastructure operators etc.
8 River flow control works
9 Constitutional basis for Act
9A Constitutional basis of Parts 1A, 2A, 4, 4A, 10A and 11A
10 Basis for Basin water charge, water trading and water market rules
11 Reading down provision in relation to the operation of sections 99 and 100 of the Constitution
12 Application to Crown etc.
12A Actions of the Murray‑Darling Basin Ministerial Council
13 The Native Title Act 1993 not affected
Part 1A—The Murray‑Darling Basin Agreement
Division 1—Preliminary
18A Definitions
18B Meaning of referring State
Division 2—The Murray‑Darling Basin Agreement
18C Amendment of Schedule 1
18D Protocols made by the Authority
Division 3—Functions, powers and duties under the Agreement
18E Additional functions, powers and duties of the Authority
18F Additional functions, powers and duties of the Basin Community Committee
18G Management of money and assets
18H Managing water access rights etc. for the Living Murray Initiative
Part 2—Management of Basin water resources
Division 1—Basin Plan
Subdivision A—Introduction
19 Simplified outline
Subdivision B—Basin Plan, its purpose and contents
20 Purpose of Basin Plan
21 General basis on which Basin Plan to be developed
22 Content of Basin Plan
23 Long‑term average sustainable diversion limits
23A Proposing adjustments of long‑term average sustainable diversion limits
23B Adopting proposed adjustments as amendments of Basin Plan
24 Temporary diversion provision
25 Water quality and salinity management plan
26 Water trading and transfer rules
27 Basin Plan to be published on Authority’s website
Subdivision C—Environmental management
28 Environmental watering plan
29 Authority to consult holders and managers of environmental water in implementing environmental watering plan
30 Environmental watering schedules
31 Authority to coordinate delivery of environmental water
32 Authority to identify and account for held environmental water
Subdivision D—Effect of Basin Plan
33 Basin Plan is a legislative instrument
34 Effect of Basin Plan on Authority and other agencies of the Commonwealth
35 Effect of Basin Plan on other agencies and persons
36 Constitutional operation of section 35 (general)
37 Constitutional operation of section 35 (water trading rules)
38 Regulations may provide for exceptions
39 Obligations under both Basin Plan and water resource plans
40 Effect on State laws
Subdivision E—Procedure for making Basin Plan
41 Authority to prepare Basin Plan and give to Minister for adoption
42 Consultations by Authority in preparing Basin Plan
43 Authority to seek submissions on proposed Basin Plan
43A Authority to seek comments from Murray‑Darling Basin Ministerial Council on proposed Basin Plan
44 Minister may adopt Basin Plan
Subdivision F—Amendment of Basin Plan
45 Authority may prepare amendment of Basin Plan
46 Consultations by Authority in preparing amendment of Basin Plan
47 Authority to seek submissions on proposed amendment of Basin Plan
47A Authority to seek comments from Murray‑Darling Basin Ministerial Council on proposed amendment of Basin Plan
48 Minister may adopt amendment of Basin Plan
49 Minor or non‑substantive amendments of Basin Plan
49AA Amendment of the Basin Plan that is the same in effect as an amendment that has been disallowed
Subdivision G—Review of Basin Plan
49A Authority to advise Murray‑Darling Basin Ministerial Council on impacts of Basin Plan
50 Review of Basin Plan—general
51 Authority to prepare discussion paper and seek submissions
52 Review may lead to amendment of Basin Plan
Subdivision H—Annual analysis of Basin Plan’s effectiveness
52A Annual analysis of Basin Plan’s effectiveness
Division 2—Water resource plans for particular water resource plan areas
Subdivision A—Introduction
53 Simplified outline
Subdivision B—Water resource plans
54 Water resource plans for water resource plan areas
55 Content of water resource plan
56 General basis for accrediting and making water resource plans
Subdivision C—Effect of a water resource plan
57 Water resource plan adopted under section 69 is a legislative instrument
58 Effect of water resource plan on Authority and other agencies of the Commonwealth
59 Effect of water resource plan on other agencies and bodies
60 Constitutional operation of section 59 (general)
61 Constitutional operation of section 59 (water trading rules)
62 Regulations may provide for exceptions
Subdivision D—Accrediting water resource plans prepared by Basin States
63 Accrediting water resource plans prepared by Basin States
63A Googong Dam Area to be treated as if located in the Australian Capital Territory
64 Duration of accreditation
65 Accrediting amendments of accredited water resource plans
66 Accrediting minor or non‑substantive amendments of accredited water resource plans
67 Authority may assist Basin State to prepare water resource plan
Subdivision E—Water resource plans prepared by Authority and adopted by Minister
68 Minister may request Authority to prepare water resource plan
69 Minister may adopt water resource plan
70 Duration of plan adopted under section 69
Subdivision F—Reporting obligations
71 Reporting obligations of Basin States
Division 3—Procedures to be followed before taking step‑in action
72 Scope of Division
73 Procedure to be followed before exercising step‑in power
Division 3A—Offences and civil penalty provisions
Subdivision A—Contraventions of laws relating to taking water from a water resource
73A Taking water when not permitted under State law—basic contravention
73B Taking water when not permitted under State law—aggravated contravention
73C Constitutional basis of sections 73A and 73B
73D Additional operation of sections 73A and 73B
73E Restrictions on taking action under Part 8 or 10AA in relation to alleged contravention of section 73A or 73B
Subdivision B—Contraventions of the Basin Plan
73F Failing to give reasons for restricting trade of water delivery right as required by the Basin Plan
73H Trading water access right before water announcement made or generally available in contravention of the Basin Plan
73J Application of sections 73F to 73H
73K Additional application of section 73H
Division 3B—Audits
73L Audits
73M Responses to audit reports including recommendations that an agency take certain action
Division 4—Allocation of risks in relation to reductions in water availability
Subdivision A—Risks arising from reductions in diversion limits
74 Simplified outline
74A States applying the risk assignment framework
75 Basin Plan to specify Commonwealth share of reduction in long‑term average sustainable diversion limit
76 Commonwealth to manage Commonwealth share of reduction in diversion limit
77 Payments to water access entitlement holders
77A Commonwealth may request information for the purposes of this Division
78 Applying Subdivision when transitional or interim water resource plan ends
79 Regulations
Subdivision B—Risks arising from other changes to Basin Plan
80 Simplified outline
81 Basin Plan to specify certain matters if Plan results in change in reliability of water allocations
82 Commonwealth to manage Commonwealth share of change in reliability
83 Payments to water access entitlement holders
84 Applying Subdivision when transitional or interim water resource plan ends
85 Regulations
85A Operation of Subdivision
Division 4A—Annual progress reports relating to water recovery targets and to the Snowy Scheme
85AB Secretary to prepare annual reports
85ABA Secretary to prepare annual reports about water releases from the Snowy Scheme
Division 4B—Increasing water for environmental use by 450 gigalitres
85AC Minister must increase water for environmental use
Division 6—Reports about activities relating to Indigenous people
85E Authority must prepare annual information on consideration of Indigenous matters
85F Secretary to prepare annual reports about activities relating to Indigenous people
Part 2AA—Water for the Environment Special Account
86AA Object of this Part
86AB Water for the Environment Special Account
86AC Credits to the Water for the Environment Special Account
86AD Purposes of the Water for the Environment Special Account
86ADB Consideration of social and economic impact of proposed water purchases relating to the 450 gigalitre target
86AE Commonwealth environmental water holdings
86AF Arrangements to make payments
86AG Amounts to be credited to the Water for the Environment Special Account
86AH Managing surplus money in the Water for the Environment Special Account—transfer to general CRF
86AI Annual report
86AJ Reviews of this Part
Part 2A—Critical human water needs
86A Critical human water needs to be taken into account in developing Basin Plan
86B Basin Plan to provide for critical human water needs
86C Additional matters relating to monitoring, assessment and risk management
86D Additional matters relating to Tier 2 water sharing arrangements
86E Additional matters relating to Tier 3 water sharing arrangements
86F Emergency responses to the reaching of trigger points
86G Effect of this Part on Authority and other agencies of the Commonwealth
86H Effect of this Part on other agencies and persons
86J Additional powers of the Authority
86K Additional functions of the Inspector‑General
86L Functions and powers of the Inspector‑General
Part 3—Productivity Commission inquiries
87 Productivity Commission inquiry—Basin Plan and water resource plans
88 Productivity Commission inquiry—National Water Initiative
89 Stakeholder working group
Part 4—Basin water charge and water market rules
Division 1—Water charge rules
91 Regulated water charges
92 Water charge rules
93 Process for making water charge rules
94 ACCC to monitor water charges and compliance
95 Minister may formulate model water charge rules
96 Transitional provisions relating to water charge rules
Division 2—Water market rules
97 Water market rules
98 Process for making water market rules
99 ACCC to monitor transformation arrangements and compliance
100 Transitional provisions relating to water market rules
Division 3—Miscellaneous
100A Functions and powers of the ACCC
Part 4A—Extended operation of Basin water charge and water market rules
100B Extended operation of Basin water charge rules
100C Extended operation of Basin water market rules
100D Functions and powers of the ACCC
Part 5—Water Markets Intermediaries Code and trust accounting framework
Division 1—Simplified outline of Part
100E Simplified outline
Division 2—Application of Part
100F Constitutional operation
Division 3—Water Markets Intermediaries Code
100G Regulations may prescribe Water Markets Intermediaries Code
100H Incorporation of instruments, etc.
100J Water Markets Intermediaries Code may prescribe pecuniary penalties
100K Water Markets Intermediaries Code may provide for civil penalties
100L Functions and powers of ACCC under Water Markets Intermediaries Code
Division 4—Contravention of Water Markets Intermediaries Code
100M Contravention of Water Markets Intermediaries Code
100N Ancillary contravention of Water Markets Intermediaries Code—operation in addition to section 154A
Division 5—Statutory trust accounting framework for eligible water markets intermediaries
100P Application of this Division
100Q Exception to the application of this Division: State or Territory laws
100R Obligation for eligible water markets intermediaries to maintain trust account
100S Obligation to notify the ACCC of trust account and appoint an auditor
100T Obligations in relation to trust account money
100U Trust account money not available to pay debts, etc.
100V Requirement to prepare trust account statements
100W Requirement to provide trust account statement
100X Time of providing trust account statement or trust account audit report
100Y Provision of false or misleading information
100Z Auditor’s right of access to records, information etc.
Division 6—Public warning notices
100ZA ACCC may issue a public warning notice
Division 7—Orders to redress loss or damage suffered by non‑parties etc.
100ZB Orders to redress loss or damage suffered by non‑parties, etc.
100ZC Determining whether to make an order
Division 8—Power to require information, etc.
100ZD ACCC may require eligible water markets intermediary to give information or produce documents
100ZE Extending periods for complying with notices
100ZF Compliance with notices
100ZG False or misleading information etc.
Division 9—Application of Part to partnerships, unincorporated associations and trusts
100ZH Application to partnerships
100ZJ Application to unincorporated associations
100ZK Application to trusts
Part 6—Commonwealth Environmental Water Holder
Division 1—Establishment and functions
104 Establishment
105 Functions
106 Limitation on disposal of water and Commonwealth environmental water holdings
107 Limitation on directions to Commonwealth Environmental Water Holder
108 Meaning of Commonwealth environmental water holdings
109 Operating rules
110 Application of State laws to the Commonwealth Environmental Water Holder
Division 2—Environmental Water Holdings Special Account
111 Establishment of the Environmental Water Holdings Special Account
112 Credits of amounts to the Account
113 Purpose of the Account
Division 3—Reporting requirements
114 Annual report
Division 4—Appointment, staff and delegation
115 Appointment
116 Staff
117 Delegation
Part 7—Water information
Division 1—Application of this Part
118 Geographical application of this Part
119 Application of this Part limited to certain legislative powers
Division 2—Functions and powers of the Bureau and Director of Meteorology
120 Additional functions of the Bureau
121 Contents of the National Water Account
122 Publishing water accounts
123 Publishing water information
Division 3—Water information
124 Object of this Division
125 Meaning of water information etc.
126 Giving of water information to the Bureau
127 Director of Meteorology may require water information
128 Prohibitions on disclosure of information do not apply
129 Ownership etc. of information unaffected by its disclosure
Division 4—National Water Information Standards
130 National Water Information Standards
131 Adoption of other standards
132 Consultations in preparing National Water Information Standards
133 Compliance notices
Division 5—Miscellaneous
134 Delegation by Director of Meteorology
135 Directions by Minister
Part 7A—Water markets information
Division 1—Simplified outline of Part
135A Simplified outline
Division 2—Application
135B Constitutional operation
Division 3—Functions and powers of the Bureau and Director of Meteorology
135C Additional functions of the Bureau
135D Publishing water markets information
Division 4—Water markets information
135E Object of this Division
135F Giving of water markets information to the Bureau
135G Director of Meteorology may require water markets information
135H Collecting, generating or recording water markets information
Division 5—Water Markets Data Standards
135J Water Markets Data Standards
135K Adoption of other standards
135L Consultations in preparing Water Markets Data Standards
Division 6—Information to be made available
135M Information about trades etc. to be reported
135N Records to be kept about information provided