Water Resources Act 2007

This section sets out the statutory concepts that structure rights, duties and regulatory outcomes under the Act, and cites the provisions where those concepts are defined or used.

Territory ownership of water and decision allocation

• "Right to the use, flow and control" is vested in the Territory and exercisable by the Minister subject to the Act (s 7). That vests high‑level decision authority in the Minister while delegating many functions to the director‑general and the authority (s 64).

Water types and waterway definitions

• Surface water includes water on or flowing over land (including in a waterway) after precipitation, arising to the surface naturally from underground, or returned following treatment or use; it also includes water collected in dams, reservoirs or rainwater tanks (s 8).
• Ground water is water occurring or obtained from below the surface or beneath a waterway and includes water occurring in or flowing from a bore; but it excludes water in distribution, reticulation, transport, storage or treatment systems (s 9).
• Waterway is defined expansively to include rivers, creeks, streams, stormwater systems, altered channels and lakes, with beds and banks included (s 10(1)-(2)).

ACT water resource plan and instruments

• The ACT water resource plan is an umbrella concept combining environmental flow guidelines, water management area determinations, total amounts determinations, and reasonable amounts guidelines, plus anything prescribed by regulation (s 11A).
• Environmental flow guidelines are Minister‑approved disallowable instruments prepared by the director‑general after consultation and with principal regard to ecological needs (ss 12-15). The consultation period is a minimum of 60 days (s 14(2)) and consultation notice requirements apply (s 14).

Allocation instruments

• Water access entitlements are statutory entitlements to the amount of surface or ground water stated; the amount is the lesser of a percentage of total water available for taking in the stated water management area and a stated maximum volume (ss 19, 22(b)). This means entitlements are shares of a variable total rather than fixed guaranteed volumes (s 19(2); s 22 note).
• The Minister must determine water management areas (s 16) and the total amounts available for taking in each area, taking into account environmental flow guidelines, total water resources and director‑general assessments of sustainable yields, and cannot exceed SDLs in the Basin Plan (s 17).
• Guidelines for reasonable amounts for particular uses may be determined by the Minister as disallowable instruments (s 18). Decisionmakers must have regard to those guidelines when granting entitlements or licences (s 21(2)(a)(ii); s 30(2)(c)).

Licences and conditions

• A licence to take water is required to take water from a place unless an exemption applies (s 28). Licences are issued by the authority, and cannot be transferred (s 54).
• Licences are issued only if preconditions are met, including that the applicant holds a water access entitlement, corresponding entitlement or surviving allocation on which to base taking, the water is from the stated management area or permitted area, amounts are reasonable for use, intended use is consistent with the territory plan and not on urban residential property except for water utilities (s 30(2) and (4)).
• Conditions can be imposed by regulation or by the authority (s 31(1)); licence holders must comply with conditions (s 58). Conditions may include metering, recordkeeping, monitoring and maximum rates or amounts (s 31 examples).

Works licences and bore regulation

• Driller’s licences are required for bore work (s 33); bore work licences are required for landowners to allow bore work on their land (s 37); waterway work licences are required where works adversely affect flow, water quality or aquatic habitat unless exempted (s 42); recharge licences are required to construct, operate or alter works to increase ground water (s 47). Each licence class has application, decision and condition provisions (Divs 5.2-5.5).

Surviving allocations and conversion

• Allocations that survived from the repealed Act continue in force (s 110). Survivors cannot be transferred or amended but may be surrendered to obtain water access entitlements under prescribed rules, with special rules for water utilities and holders who are no longer owners/occupiers (pt 13, ss 111-113).

Enforcement and remedies

• Offences are set out in pt 9A with maximum penalties; some offences are strict liability (see ss 77A(3,5), 77C(3), 77E, 77F(3), 77G(6), 77I(4) where applicable).
• Authorised officers have comprehensive powers to enter, inspect, seize and seek warrants, and seizure and return/forfeiture rules are detailed (pt 10, divs 10.2-10.4).
• The authority may give directions to owners or occupiers to modify or remove structures, rectify effects, prevent or rectify bank damage, and to stop unlicensed taking; failure to comply attracts criminal offences and the authority may enter and act if directions are contravened with recovery of reasonable costs as a debt (ss 72-77; s 77(5)).

Administrative architecture

• The director‑general has monitoring, policy leadership and information duties (s 64(1)); the authority regulates use and compiles user information (s 64(2)).
• The coordination group advises the Minister and director‑general on catchment management and the Minister may direct the group to advise on stated matters (ss 67A-67CA).
• The register held by the authority must record entitlements, allocations, licences and transfers and is publicly inspectable subject to copying costs (ss 66-67).

Instrument types and review

• Environmental flow guidelines and Ministerial determinations are disallowable or notifiable instruments as specified (ss 12(2); s 14(3); s 16(2); s 17(6)). The Legislation Act rules about notifiability and disallowability apply as modified by ss 11A and 100.
• Reviewable administrative decisions are listed in schedule 1 and may be reviewed by ACAT (pt 11, ss 94-96; sch 1).

The Act affects multiple classes of stakeholders. This section identifies those groups, sets out the statutory relationship to them, and cites the operative provisions that directly impose duties, confer entitlements or create obligations.

Primary categories of affected parties

• Licence and entitlement holders: persons holding water access entitlements, licences to take water, surviving allocations, bore work licences, driller’s licences, waterway work licences and recharge licences are directly regulated by application, condition, amendment and disciplinary regimes (ss 19-27; Divs 5.1-5.5; pt 6).
  • Licence holders must comply with conditions and with disciplinary and enforcement provisions; licence conditions include metering, recordkeeping and allowing inspections (ss 31, 58; pt 6).
  • Licence holders face offences and penalties for noncompliance, including strict liability in specified cases (pt 9A).
• Landowners and occupiers: owners and occupiers of land with waterways or bores are subject to express duties to prevent damage to beds or banks and to comply with directions to take remediation or preventive action (ss 74-76). Owners or occupiers must hold bore work licences to allow bore work on their land (s 37(1)).
• Water utilities: defined as utilities licensed under the Utilities Act 2000 (dict), water utilities are treated differently in several respects:
  • They may be exempt from restrictions that apply to urban residential use in the allocation and licensing rules (s 21(3); s 30(4)(a)).
  • Surviving allocations held by a water utility are automatically surrendered and converted to water access entitlements if not surrendered within six months after commencement under s 112.
• Businesses carrying or extracting water: those operating commercially to carry or extract water are captured by specific offences where licences are required (s 77A(4)). Corporations and their executive officers may attract criminal liability under s 104 where relevant offences are committed and the officer failed to take reasonable steps to prevent the commission of the offence.
• Drillers, contractors and operators of pumping equipment: driller’s licences are required for bore work (s 33) and bore work licences are required for bore works on land (s 37). The Act also creates offences for unauthorised use or presence of pumping equipment used to take water from waterways (s 75).
• Public servants and advisory members: the director‑general, the authority and members of the coordination group are assigned functions (ss 64; 67B) and procedural obligations (ss 67D-67J). The director‑general prepares environmental flow guidelines and must principally consider ecological needs while being permitted to consider economic and social impacts (s 13).
• The public and third parties: the register must be publicly available for inspection (s 67). The Act prescribes public consultation procedures for environmental flow guidelines including a minimum 60‑day consultation period and requirements for consultation notices and public notice (ss 14-15).

Who makes decisions and how they are held to account

• The Minister holds statutory power to determine water management areas and amounts available for taking (ss 16-17). The Minister also approves environmental flow guidelines (s 12(1)) and determines environmental values for waterways (s 15A).
• The authority does front‑line regulatory work: issuing licences, imposing conditions, maintaining the register and taking disciplinary action (ss 30-31; 66; pt 6). The director‑general prepares guidelines and conducts monitoring (ss 13; 68).
• Review rights are provided to applicants and affected persons via ACAT for a defined list of reviewable decisions (pt 11; sch 1). The authority must give reviewable decision notices to the entities listed in column 4 of schedule 1 (s 95).

Financial and compliance burdens

• The Minister may determine fees for the Act (s 107). Nonpayment of fees permits suspension or cancellation of entitlements or licences after 30 days (s 106).
• Licence holders may incur metering, monitoring and recordkeeping costs as conditions of licences (s 31 examples). Failure to meet those conditions can attract offences for strict liability in many cases (see s 77G and s 77F).

Indirect and temporal impacts

• Holders of surviving allocations are affected by transitional settings: surrender and conversion paths are time‑limited in certain cases and conditional in others (ss 111-113).
• Environmental flow guidelines and determinations may change the total pool available and therefore change the realisable volume under water access entitlements because entitlements are percentage based (s 19(2); s 17(2)).

Stakeholder notification and participation

• Applicants must disclose the place they intend to access water and the basis of their right to access it; the Minister or authority may require additional information and can refuse to proceed if not supplied (ss 20(2)(f); 20(3)-(4); 29(2)-(3)). Environmental flow guideline preparation is subject to public consultation and reporting to the Minister (ss 13-15).

This section lists the principal statutory duties, rights and procedural steps created by the Act, with references to operative provisions. It focuses on actionable compliance obligations and on statutory entitlements.

Rights and entitlements

• Right to water vested in Territory: the broad right to use, flow and control all water is vested in the Territory and exercisable by the Minister subject to the Act (s 7).
• Water access entitlements: a statutory entitlement to a stated amount of surface or ground water, stated as lesser of a percentage of total available and a maximum volume (ss 19, 22(b)). An applicant may apply to the Minister for a water access entitlement (s 20(1)).
• Licence entitlement: applicants may apply to the authority for a licence to take water from a stated place; the authority must either issue or refuse to issue (s 30(1)). The holder of a licence may apply to renew (s 53).
• Register access: the public may inspect the register and obtain copies on payment of reasonable copying costs (ss 66(3)-(4); 67(1)-(2)).

Preconditions and duties when applying

• Applications for water access entitlements must include name, type (surface or ground), amount sought, water management area, intended use and place where water will be accessed and basis for access (s 20(2)(a)-(f)).
• The Minister or authority may require further information and can refuse to consider an application if the applicant fails to supply required documentation (s 20(3)-(4); s 29(2)-(3)).
• For licences to take water, the authority must be satisfied that the applicant holds a water access entitlement, corresponding entitlement or surviving allocation, unless exempted by regulation (s 30(2)(a)).

Use limitations and site constraints

• Water access entitlements cannot be granted for urban residential property use except where the applicant is a water utility (s 21(2)(b); s 30(2)(d); s 30(4)(a)).
• Licences must not authorise ground water to be taken from a water management area different to that stated in the water access entitlement (s 32(3)).

Conditions and obligations of licence and entitlement holders

• Licence holders must comply with all licence conditions, including those imposed by regulation or by the authority (s 31(1); s 58).
• Common conditions may require installation and maintenance of water meters, records to be kept, routine inspections, monitoring and reporting (s 31 examples; s 31(1) examples).
• Water access entitlements are subject to conditions imposed on grant, by regulation, or by later amendment by the authority and these are taken to be conditions of any licence based on the entitlement (ss 23(1)-(2); 24).

Transfer and amendment regimes

• Water access entitlements may be transferred, in whole or in part, only with authority approval and subject to tests about intended use, consistency with the territory plan or approval in the receiving jurisdiction and the environmental record of the transferee (s 26(1)-(2)). Transfers of part units must be in units no smaller than 0.5 ML (s 26(4)).
• Licences themselves are not transferable (s 54). Transferring the whole of an entitlement results in automatic cancellation of associated licence; transferring for a limited period suspends the licence; partial transfers adjust authorised volumes (s 27).

Duties to prevent damage and to comply with directions

• Owners and occupiers of land with waterways must take reasonable steps to prevent damage to the bed or banks of a waterway; the authority may direct corrective or preventative action and must set compliance periods (s 74(1)-(4)).
• The authority may give directions to owners or occupiers to modify or remove water structures, rectify unauthorised work, stop unlicensed taking or require action in relation to bores; those directions are legally enforceable and failure to comply is an offence (ss 72-76; pt 9A offences per ss 77H-77I).

Disciplinary and administrative processes

• The authority may take disciplinary action against holders of entitlements, allocations or licences where grounds are made out, including reprimand, training requirements, amendment of entitlements/licences, suspension, cancellation and disqualification for periods (pt 6, ss 60-62).
• Before taking disciplinary action the authority must give a disciplinary notice stating proposed action, grounds and giving 14 days to respond; the authority must consider responses (s 62(1)-(3)).

Monitoring and inspection obligations

• The director‑general must continuously monitor and assess water resource condition and may construct and operate gauging and monitoring stations, drill bores, sample and analyse water (s 68). The director‑general may enter land for monitoring with notice for works and subject to limits for residential premises (s 68A).
• The authority may investigate use of water taken from waterways and exercise powers under pt 10; authorised officers may enter premises to carry out inspections, take samples or seize things when authorised (ss 68B; 79-84).

Rights to review and judicial processes

• Reviewable decisions are enumerated in schedule 1 and can be taken to ACAT by entities listed at schedule 1 column 4 or by any person whose interests are affected (ss 94-96; sch 1).
• Evidentiary certificates signed by the authority are admissible in prosecutions to prove particular factual matters such as licence status or presence of water structure (s 103).

Liability and executive officer obligations

• Executive officers of corporations can be criminally liable where a corporation commits a relevant offence and the officer was reckless, able to influence the corporation and failed to take reasonable steps to prevent the offence (s 104). The court must consider whether the officer arranged compliance assessments, implemented recommendations and ensured employees had reasonable knowledge and understanding of requirements (s 104(2)).

Compensation and costs

• Persons may claim compensation from the Territory for loss or expense caused by compliance with directions to modify or remove structures, or because of exercise of functions under specified provisions including enforcement and investigation powers; courts may order reasonable compensation where just (s 99).
• Where the authority acts to enforce a notice or direction contravened by a person, reasonable costs incurred by the authority are a debt owing to the Territory by the person (s 77(5)).

This section summarises the enforcement architecture, the range and types of penalties in the Act, the roles of authorised officers, and the procedural safeguards and remedies provided by the Act.

Criminal offences and maximum penalties

• Taking water without a licence is an offence with maximum penalties set out in s 77A:
  • General unauthorised taking: up to 50 penalty units, imprisonment for 6 months or both (s 77A(1)).
  • Owner or occupier taking ground water from a bore without licence: up to 50 penalty units, strict liability (s 77A(2)-(3)).
  • Commercial business carrying or extracting water without licence: up to 50 penalty units, strict liability (s 77A(4)-(5)).
• Bore work without a driller’s licence or bore work licence carries penalties up to 50 penalty units and/or imprisonment for 6 months depending on the subsection and offender (s 77B).
• Waterway work done without a licence where the work adversely affects flow, water quality or aquatic habitat is punishable by up to 100 penalty units and imprisonment for 1 year, or both; a lesser maximum applies where work does not adversely affect those matters (s 77C(1)-(2)).
• Contravening directions or notices issued under the Act is an offence with maximum penalties up to 100 penalty units and imprisonment for 1 year for certain categories (ss 77H-77I).
• Offences relating to licence condition contraventions, meter tampering, failure to produce a licence, and other breaches carry specified caps; many are strict liability offences (ss 77E-77G; 77J).

Strict liability and evidentiary rules

• The Act identifies a number of strict liability offences, including certain unauthorised takings, contravening specified licence conditions and failure to produce licences (see ss 77A(3,5), 77C(3), 77E, 77F(3), 77G(6), and other applicable subsections). This reduces the prosecution threshold for fault for those offences, while the Criminal Code remains applicable to general criminal responsibility and defences (s 5 note 1).

Authorised officers: powers and limits

• Authorised officers may enter premises for inspections related to licences, bores and in accordance with warrants; they must produce identity cards if asked and cannot remain without doing so (ss 79-81).
• On entry, authorised officers may inspect, take measurements and samples, take photographs and recordings and require reasonable assistance (s 82). Failure to comply with a lawful assistance requirement can attract penalty up to 50 penalty units (s 82(2)).
• Seizure powers are broad where authorised officers have consent, a warrant, or reasonable grounds that a thing is connected with an offence or poses a risk to health, safety or the environment; seized things can be removed or access restricted and interfering with seized things is an offence (ss 83-84).
• Search warrants are issued by magistrates on oath and set time limits and scope; urgent telephonic applications are permitted with a written follow‑up (ss 85-87). Procedural protections for occupiers during execution of warrants are included, subject to reasonable exceptions (ss 87-89).

Enforcement actions for contravened notices or directions

• If a person contravenes a notice prohibiting or restricting taking of water or a direction given under the Act, an authorised officer or someone authorised by the authority may enter relevant land and take the action stated in the notice or direction and do anything necessary to give effect to it, subject to limits on residential premises and identity requirements (s 77(2)-(4)). Costs incurred by the authority in taking such action are recoverable as a debt from the person who was given the notice or direction (s 77(5)).

Search and seizure return and forfeiture

• Receipts for seized things must be given promptly and include description, reasons and contact details (s 90). Seized things may be moved for examination for up to 72 hours with magistrate extensions (s 91). Owners may inspect seized items and take extracts or copies of documents (s 92).
• Seized items must be returned or reasonable compensation paid if no prosecution is commenced or if proceedings do not result in conviction within specified timeframes; otherwise items may be forfeited and disposed of by the authority (s 93).

Administrative penalties and nonpayment of fees

• The Act enables suspension or cancellation of entitlements or licences for nonpayment of fees after 30 days (s 106). The Minister determines fees by disallowable instrument (s 107).

Disciplinary measures

• The authority may take disciplinary action against holders for false or misleading information, contravention of licence conditions or other statutory breaches. Sanctions include reprimand, training requirements, amendment, suspension, cancellation and disqualification, after a required disciplinary notice and opportunity to respond (pt 6, ss 60-63).

Liability of corporations and executive officers

• Executive officers of corporations may be criminally liable for corporate offences where they were reckless, in a position to influence the corporation, and failed to take reasonable steps to prevent the offence; courts must consider steps taken to ensure compliance and implementation of recommendations (s 104). Corporations may be prosecuted and executive officers separately liable regardless of corporate prosecution (s 104(5)).

Procedural protections and evidentiary provisions

• The Criminal Code applies to general criminal responsibility and defences (s 5 note 1). Self‑incrimination is limited: persons cannot rely on common law privileges to refuse to give information or documents required under the Act, but such material is not admissible in criminal proceedings against the person except for proceedings for falsity or for the failure to provide the information (s 105).
• Evidentiary certificates from the authority are admissible in prosecutions to prove certain facts such as licence status or presence of water structures (s 103).

Compensation and cost recovery

• Persons may claim compensation where they suffer loss or expense because of compliance with certain directions or because of exercise of investigative, enforcement or monitoring powers; courts may award reasonable compensation where just (s 99).
• The authority may recover reasonable costs as a debt where it acts to enforce a contravened notice or direction (s 77(5)).

The Act expressly cross‑refers to, adopts or preserves interactions with Commonwealth and Territory instruments and other Territory Acts. This section catalogues those interactions and their legal consequences as stated in the Act.

Commonwealth water law and Basin Plan

• The Act explicitly incorporates the Basin Plan SDLs as an upper limit on the Minister’s determination of total available amounts for surface and ground water (s 17(3); definitions in s 17(7) reference the Basin Plan). Section 7A treats surface water of the Googong Dam Area as if in the ACT in line with the Water Act 2007 (Cwlth) and places national land under the Act for water resources (s 7A(1)-(2)). The Act therefore ties its allocation ceilings and certain area treatments to Commonwealth instruments.

Planning, development and land use law

• The Act requires that the intended use of water be consistent with the territory plan as a precondition for granting water access entitlements and licences (ss 21(2)(c); 30(2)(e)). Section 46 expressly states that the waterway work division does not affect the operation of the Planning Act 2023. Part 20 transitional provisions and subsequent amendments referenced in the amendment history indicate specific consequential amendments linking planning legislation changes to water regulation (endnotes).

Environment Protection Act and authorised officers

• The authority is the environment protection authority and authorised officers are those under the Environment Protection Act 1997, s 14(3) (dict; s 41 refers to "authorised officer"). Authorised officers under the Environment Protection Act have powers exercised under this Act, and the two Acts are operationally linked for enforcement and monitoring (ss 64(2)(c), 68B; dict).

Utilities Act and water utilities

• Water utilities are defined by reference to the Utilities Act 2000 and receive special treatment in certain licensing and allocation rules. For example, the urban residential property prohibition on entitlement or licence use does not apply to water utilities (s 21(3); s 30(4)(a); dict definition).

Emergencies Act

• The Emergencies Act 2004 and designated relevant persons are referenced for exemptions for taking water in emergency exercise of functions such as fire control and protection of life and property (s 28(2)(d); s 28(3) list of relevant persons).

Legislation Act and instrument types

• The Act establishes various instruments as disallowable or notifiable and cross‑references the Legislation Act for the legal status of notes and instrument notification. Notably, s 11A disapplies the Legislation Act s 47(6) in relation to a law or instrument applied, adopted or incorporated as in force from time to time, so that incorporated instruments need not be separately notified under s 47(6) (s 11A(2)-(3)). Section 100 allows statutory instruments under the Act to apply, adopt or incorporate other laws or instruments as in force from time to time; the Legislation Act provisions about notification are modified for certain adopted laws, standards and documents (s 100(1)-(2)).

Administrative review and tribunal law

• Review of specified administrative decisions under the Act is to ACAT as indicated by the reference to the ACAT and the requirement to give reviewable decision notices (pt 11; ss 94-96; sch 1). The Act references the ACT Civil and Administrative Tribunal Act 2008 and Magistrates Court Act 1930 in procedure for disputing infringement notices and in return of seized things (s 93(1)(c)).

Criminal Code and evidentiary law

• The Criminal Code ch 2 applies to offences against the Act (s 5 note 1). The Act specifies evidentiary procedures such as admissibility of authority certificates (s 103) and constrains the use of compelled information under self‑incrimination rules (s 105), in a way that interacts with Legislation Act provisions on privilege and evidence (s 105 note).

Intergovernmental cooperation and corresponding laws

• The Act permits the director‑general and the authority to liaise and cooperate with Commonwealth and State counterparts on monitoring, policy development and investigations where shared interests exist, and defines "corresponding law" for that purpose (s 69). Section 64(1)(e) and (f) requires progression of national water resource measures and exchange of information with corresponding entities, reflecting horizontal regulatory cooperation.

Transitional and repealed law

• Surviving allocations from the repealed Water Resources Act 1998 continue and specific surrender and conversion processes are set out (pt 13, ss 110-113). The Endnotes list multiple amending Acts and show how the Water Resources Act has been synchronised with other Territory legislative changes over time (endnotes 3-4).

Statutory instruments and standards

• Section 100 allows incorporation of external documents and standards and makes specific provision that certain categories (laws of other jurisdictions, Australian Standards and Australian/New Zealand Standards) do not require notification under the Legislation Act s 47(5) and (6) when adopted under the Act. This affects how regulatory detail and technical standards may be imported into the Act’s implementation.

The Act has been amended repeatedly since its enactment in 2007. The Endnotes in the republished Act provide a granular chronology of amendments and the mechanical effect of many changes. This section synthesises the amendment record in the Act’s endnotes and links specific legislative changes to the text provisions they altered.

Key amendment milestones and mechanical effects (sourced from endnotes 3 and 4)

• 2007: Original enactment as Water Resources Act 2007 A2007‑19, notified 20 June 2007, with remainder commencing 1 August 2007 (legislation history).
• 2010: Water Resources Amendment Act 2010 A2010‑31 inserted s 7A addressing application to national land and Googong Dam Area (s 7A ins A2010‑31 s 4), relocated certain offence provisions into part 9A, restructured offences and licensing provisions (amendment notes in endnotes).
• 2013: Amendments via multiple Acts refined definitions, added procedural changes and offences (various amending Acts A2013‑4; A2013‑15; A2013‑19; Water Resources Amendment Act 2013 A2013‑27). For example, s 41 definitions were amended A2013‑19 (amdt 3.509) and waterway work licence decision criteria were adjusted (A2013‑27).
• 2015: Water Resources (Catchment Management Coordination Group) Amendment Act 2015 A2015‑25 inserted part 7A, establishing the ACT and region catchment management coordination group (ss 67A-67J) with functions, membership rules and reporting obligations (s 67A-67J ins A2015‑25 s 4).
• 2017-2019: Various "red tape" reforms and technical amendments adjusted consultation processes, renewal mechanics, and other details (A2017‑17; A2017‑20; A2018‑33; Water Resources Amendment Act 2019 A2019‑15).
• 2020-2021: Emergency powers amendments and administrative updates (Emergencies Amendment Act 2020 A2020‑47; Statute Law Amendment Act 2021 A2021‑12).
• 2023: Water Resources Amendment Act 2023 A2023‑26 and Planning (Consequential Amendments) Act 2023 A2023‑36 introduced significant procedural changes: environmental flow guideline preparation and submission processes were amended (s 13 sub A2023‑26 s 4), the environmental values part 3A and s 15A were added by A2023‑36 (pt 3A hdg ins A2023‑36 amdt 1.412; s 15A ins A2023‑36 amdt 1.412), and pt 8 was restructured to emphasise monitoring and investigation functions (s 68 sub A2023‑26 s 23).
• 2024: Planning, Building and Environment legislative adjustments via A2024‑21 and Environment Protection Legislation Amendment Act 2024 A2024‑35 made further technical changes (A2024‑21 sch 1 pt 1.4; A2024‑35 pt 4).
• 2025: Statute Law Amendment Act 2025 A2025‑29 made further amendments to environmental flow guideline provisions and other sections; the republication is effective to 26 November 2025 with penultimate amendments recorded in endnote 4 (A2025‑29 sch 3 pt 3.105, sch 4 pt 4.192).

Mechanical examples of amendment effects (textual cross‑references)

• Insertion of s 7A (A2010‑31 s 4) extended the Act’s geographic reach to national land and Googong Dam Area for water resource purposes, cross‑linking to the Water Act 2007 (Cwlth).
• Part 7A establishing the coordination group was added by A2015‑25 and sets out membership, reporting and Ministerial direction powers (ss 67A-67J ins A2015‑25 s 4; subsequent amendments adjusted membership and reporting mechanics).
• Environmental flow guideline procedures were substantially rewritten over time. Section 13 was substituted by A2023‑26 s 4 so that the director‑general prepares draft guidelines principally considering ecological needs and consults with the authority (s 13 sub A2023‑26 s 4). Section 14 consultation requirements have been amended repeatedly to refine public consultation mechanics and notice requirements (A2009‑20 amdt 3.227; A2013‑19 amdt 3.508; A2015‑33 amdt 1.259; A2023‑26 s 5, s 6; A2025‑29 amdt 4.195).
• The ACT water resource plan construct was added by A2019‑15 s 4 (s 11A ins A2019‑15 s 4) and later amended to permit incorporation of laws or instruments as in force from time to time (s 11A(2)-(3) am A2024‑35 s 59, s 60).

How amendment history affects implementation

• Many of the 2010-2025 amendments altered operational procedures rather than changing the core allocation hierarchy. Examples include revised consultation timelines, recordkeeping and evidentiary procedures, instrument status adjustments, and the insertion of the coordination group to formalise advisory practices.
• The Act’s dependence on external instruments (Basin Plan, standards) was reinforced by amendment powers permitting incorporation of instruments as in force from time to time (s 11A; s 100), creating ongoing linkage between the Act’s mechanics and changing external standards.

For practitioners, the endnotes provide the authoritative amendment trace. The sections cited above include the specific endnote references and amending Acts at the end of the republication, enabling precise point‑in‑time legal research.

The Act’s text and republished version do not record any judicial decisions or litigation. The statutory materials provided here contain no named court decisions or case law, and do not cite precedents. The Act instead provides administrative review mechanisms and references to tribunal and court procedures.

What the Act does provide about dispute resolution and review

• Review by ACAT: Schedule 1 enumerates reviewable decisions and pt 11 establishes that affected entities may apply to ACAT for review of a reviewable decision; the authority must issue reviewable decision notices to the entities listed in schedule 1 column 4 for the listed decisions (ss 94-96; sch 1). Items include refusals to issue licences and refusals to approve transfers, imposition or amendment of conditions, disciplinary actions under pt 6 and various directions under pt 9 (sch 1).
• Magistrates Court procedures: The Act cross‑references the Magistrates Court Act 1930 in relation to disputing liability for infringement notices and sets time limits for return of seized items tied to Magistrates Court procedures (s 93(1)(c)). That creates an interface for contested infringement notices to proceed in the Magistrates Court if liability is disputed.
• Evidentiary certificates and prosecutions: The Act provides for evidentiary certificates by the authority to be evidence of specified matters in prosecutions under the Act (s 103), which will shape evidentiary strategies in any litigation or prosecution.

Absence of recorded cases in the republished Act

• The republished Act does not list or summarise past litigation, judicial determinations, or interpretative rulings. Practitioners seeking judicial interpretations must consult court databases, tribunal records and administrative decisions outside the text of this republished Act.

Points of likely litigation or administrative dispute based on statutory structure

• The Act creates multiple discretionary decision points that commonly generate review applications: grant or refusal of entitlements (s 21), licence issuance or refusal (s 30), approval of transfers (s 26), imposition of licence conditions and disciplinary action (pt 6), and directions to owners and occupiers (ss 72-76). Each is reviewable under schedule 1 and may give rise to ACAT proceedings.
• Strict liability offences, evidentiary certificates and compulsory information requirements (s 105) are features that may be litigated in prosecutorial contexts, including disputes over admissibility and the scope of compelled evidence.

If a practitioner requires reported decisions interpreting specific provisions, the Act does not supply them; external legal research in court and tribunal decisions will be required.

This section flags statutory features that commonly cause practical surprises, compliance risks or transactional complications for holders and advisers. Each point cites the section that gives rise to the risk and explains the concrete mechanism.

1. Entitlement is a percentage share, not a guaranteed volume (s 19(2); s 22(b))

• Water access entitlements state the amount as the lesser of a percentage of the total water available for taking in the management area and a stated maximum volume. Because the percentage is applied to the total amount determined under s 17, holders do not have a guaranteed volume; if total available amounts change due to environmental flow guidelines, SDL constraints or updated assessments, the practical volume available may vary. This has commercial consequences for water security in supply contracts or investment.

2. Ministerial determinations of total available amounts can reduce volumes (s 17(1), (3), (4))

• The Minister’s determination of total amounts available for taking must take environmental flow guidelines and sustainable yields into account and cannot exceed SDLs from the Basin Plan (s 17(2)-(3)). The Minister may reserve amounts for future use and reduce reserved amounts with stated reasons (s 17(4)-(5)). Changes in these determinations can affect the denominator to which entitlement percentages apply and therefore the volume available to holders.

3. Transfer approval hurdle and licence cancellation on transfer (ss 26; 27)

• Transfers of water access entitlements require authority approval and the authority must be satisfied about intended use, place of use and the transferee’s environmental record (s 26(2)). A full absolute transfer of the whole entitlement results in automatic cancellation of the associated licence (s 27(1)). Parties must therefore coordinate entitlement transfers with licence arrangements and consider the authority’s assessment criteria.

4. Licences are not transferable even when entitlements are (s 54)

• Unlike entitlements, licences themselves are non‑transferable (s 54). Transferring an entitlement may suspend or cancel the associated licence depending on how the transfer is structured (s 27), which complicates operational continuity when entitlements are traded.

5. Urban residential prohibition with a water utility carve out (ss 21(2)(b); 30(2)(d), (4))

• The Act forbids granting entitlements and licences for water intended for urban residential property use except where the applicant is a water utility (s 21(2)(b); s 30(2)(d); s 30(4)(a)). This exclusion can catch parties who assume entitlement or licence can support urban development; water utilities are separately regulated and treated differently.

6. Surviving allocations are restricted, conversion is conditional and time‑sensitive (pt 13, ss 110-113)

• Surviving allocations cannot be transferred or amended (s 111(1)) and the conversion pathway to water access entitlements is governed by specified rules. Water utilities’ surviving allocations are taken to be surrendered if not surrendered within six months after commencement (s 112). Holders who are no longer owners or occupiers face strict time windows with loss of conversion rights if they fail to act (s 113(3)). Transactions involving surviving allocations must consider these temporal mechanics.

7. Wide enforcement powers and seizure rules (pt 10)

• Authorised officers can seize things connected with an offence or that pose a risk to health or the environment (s 83). Seized items may be forfeited if proceedings do not proceed within specified timeframes (s 93). Parties conducting bore works or possessing pumping equipment should be vigilant about compliance and recordkeeping because routine inspections and seizures are possible.

8. Strict liability offences reduce prosecution burden (see s 77A(3,5) and others)

• Several offences are strict liability, which removes fault elements for prosecution. This is an elevated compliance risk because ordinary defences about lack of intention will not succeed for strict liability offences. Practitioners must plan compliance systems accordingly.

9. Compulsory production and limited privilege (s 105)

• Persons required to give information or produce documents under the Act cannot rely on common law self‑incrimination or civil penalty exposure privilege to refuse; however, such material is generally not admissible in criminal proceedings against the person except for proceedings for failure to produce or falsity (s 105). Compelled provision can still have regulatory consequences and may be used in administrative processes.

10. Authority discretion to amend entitlements and licences with short consultation periods (ss 24; 55)

• The authority may amend entitlements and licences but must give written notice and at least 14 days for written comments (ss 24(2)(b); 55(2)(b)). Where the holder consents or applies for the amendment these rules do not apply (ss 24(3); 55(3)). Short statutory comment periods can present timing risks in commercial transactions or compliance changes.

11. Metering obligations and tampering offences (ss 31; 77G; 77J)

• Licence conditions may require metering and meter data reporting (s 31 examples; s 77G). Tampering with meters is an offence (s 77J). Technical and operational compliance with metering regimes is necessary to avoid criminal exposure.

12. Costs of enforcement recoverable as debt (s 77(5))

• If the authority acts to enforce a contravened notice or direction, reasonable costs incurred become a debt owing to the Territory by the person to whom the notice or direction was given. This can produce immediate financial exposure beyond criminal penalties.

13. Executive officer liability in corporate settings (s 104)

• Executive officers of corporations can be criminally liable where a corporation commits a relevant offence and the officer was reckless and failed to take reasonable steps. Corporate compliance programs and demonstrable evidence of reasonable steps are therefore crucial.

14. Incorporation of external instruments as in force from time to time (ss 11A(2)-(3); 100)

• The power to apply or incorporate external laws and standards as in force from time to time means regulatory requirements can change without separate notification under some circumstances. Practitioners must track incorporated instruments and standards continuously rather than relying solely on the Act’s text.

This section outlines concrete compliance actions, permitting and administrative steps that statutory actors and regulated parties should follow to operate lawfully under the Act. Each step cites relevant provisions.

1. Establish whether a licence is required and which licence class applies

• Determine whether taking water, doing bore work, waterway work or recharge works requires a licence under the Act. The general rule is that a licence to take water is required unless an exemption applies (s 28). Bore work requires a driller’s licence and a bore work licence where applicable (ss 33; 37). Waterway work requires a waterway work licence where the work adversely affects flow, quality or habitat unless captured by specified exemptions (s 42).

2. Secure the foundational statutory entitlement before applying for a licence

• For licences to take water, ensure you hold a water access entitlement, corresponding entitlement or surviving allocation that can lawfully support the licence (s 30(2)(a)). If you do not hold a corresponding entitlement, consider applying for one from the Minister under s 20 and follow the application requirements in s 20(2) (name, surface/ground, amount, management area, intended use, place and basis for access).

3. Prepare and lodge complete applications with required supporting material

• Applications must include specified details and be responsive to any written information requests from the Minister or authority; failure to provide information may result in refusal to consider the application (ss 20(2); 20(3)-(4); 29(2)-(3)). Include evidence of lawful access to the place where water will be taken and any planning approvals required under the Planning Act 2023 if relevant to the development (s 30(2)(f)-(g)).

4. Address environmental flow and reasonable amount criteria

• Ensure that the amount sought is available in the water management area and not more than a reasonable amount for the intended use, having regard to any Ministerial determination under s 18 and to environmental flow guidelines under s 12. The director‑general must have principally considered ecological needs when preparing guidelines (s 13(2)(a)). Where necessary, include environmental assessments and address potential impacts on environmental flows (s 30(3)(b)(i)).

5. Prepare for meter and recordkeeping obligations

• Anticipate standard licence conditions requiring installation and maintenance of water meters, periodic reading and reporting of meter data, recordkeeping, and allowing inspections (s 31 examples; s 77G).