The Water Act
What is the Water Act?
The Water Act 1989 is the legislation that governs the way water entitlements are issued and allocated in Victoria. It defines water entitlements and establishes the mechanisms for managing Victoria's water resources.
Who has an entitlement to water?
The water allocation framework is set out in the Water Act 1989.
- Section 7 provides that the Crown has the right to the use, flow and control of all water in a waterway and all groundwater.
- Section 8 provides for an individual’s rights to water.
- Section 9 sets out rights of water corporations to water.
Issued entitlements
There are a range of entitlements that may be issued by the Minister for Water including bulk entitlements, environmental entitlements, water licences and water shares.
What about statutory rights?
Some entitlements to water are not formally issued but exist under the Water Act 1989 for domestic and stock purposes by virtue of an individual’s private ownership of, or access to, land.
The Water Act 1989 allows individuals to take water for domestic and stock purposes from a range of surface water and groundwater sources without a licence. These domestic and stock rights are defined under section 8(1) and section 8(4)(c) of the Water Act 1989 and are not formally issued. They include farm dams for domestic and stock purposes.
Entitlements to access water for domestic and stock purposes via Emergency Water Supply Points are also covered by statutory rights under section 8 of the Water Act 1989.
Other rights to water?
Some rights to water exist under separate legislation. For example, under the Country Fire Authority Act 1958 fire-fighters have the right to use and control the delivery of water for fire-fighting purposes.
The Water Act 1989 also defines water that is set aside for the environment under the Environmental Water Reserve.