Version No. 146
Water Act 1989
No. 80 of 1989
Version incorporating amendments as at
22 October 2025
TABLE OF PROVISIONS
Section Page
Part 1—Preliminary
1Purposes
2Commencement
3Definitions
4Power to declare lake, lagoon, swamp or marsh
4AThe Environmental Water Reserve
4BEnvironmental Water Reserve Objective
5Certain provisions to bind Crown
5ARelationship with the Traditional Owner Settlement Act 2010
6Interstate groundwater agreements to prevail over Act
6AAExtraterritorial operation of Act
6APower to declare water systems
6BPower to declare zones in water systems
6CPower to declare rationing areas
Part 2—Rights and liabilities
Division 1—Rights
7Continuation of the Crown's rights to water
8Continuation of private rights to water
8ATraditional owner agreement for natural resources
9Authorities' rights to water
9ARights to water of Water Holder
9BRights subject to certain restrictions and prohibitions
10Right to construct or operate works
11Allocation of water right on subdivision
12Authorisation may be conditional
Division 2—Liabilities
14Application
15Civil liability for unauthorised taking or use of water or for unauthorised works
16Liability arising out of flow of water etc.
17Protection from liability
18Liability for damage caused by escape of water from private dam
19Jurisdiction of Tribunal
20Matters to be taken into account in determining whether flow is reasonable or not reasonable
21Matters to be taken into account with respect to public works
Part 3—Assessment of and accounting for water
Division 1—Role of Minister
22Role of Minister
Division 1A—Permissible consumptive volumes
22APermissible consumptive volumes
Division 1B—Sustainable water strategies
22BPreparation of a Sustainable Water Strategy
22CContents of a Sustainable Water Strategy
22DConsultative committee—Sustainable Water Strategy
22EPreparation of a draft Sustainable Water Strategy
22FAppointment of Panel
22GConsideration of draft Strategy by the Minister
22HPublication of Sustainable Water Strategy
22IReview of Sustainable Water Strategy
22JReport on Sustainable Water Strategies
Division 1C—Long-term water resources assessments
22KCommencement of long-term water resources assessments
22KATransitional provision—uncompleted long‑term water resources assessment—Water and Catchment Legislation Amendment Act 2019
22LContents of a long-term water resources assessment
22MPreparation of a draft long-term water resources assessment
22NReview by Environment Protection Authority
22OConsideration and publication of long-term water resources assessment
22PReview following long-term water resources assessment
22PATime for completion of reviews etc. following long‑term water resources assessment
22QConsultative committee for review
22RReview process
22SReporting of panel
22TConsideration and publication of review
22UAnnual report on long-term water resources assessment
22VProgram of implementation of review
Division 2—Water resources assessment program
23Powers of Minister in relation to assessment program
24Drilling for groundwater
25Giving of information to Minister
26Reports on assessment program
Division 3—Water supply protection areas
27Declaration of water supply protection area
28Amendment or abolition of water supply protection area
29Consultative committee
30Guidelines for preparation of draft management plans
31Preparation of draft management plan
32Overlapping management plans to be taken into account
32AManagement plan
32BAdministration and enforcement of management plan
32CReport on administration and enforcement of management plan
32DPublic availability of report
32ECertain plans deemed to be approved management plans
32FCompensation in certain circumstances
32GAmendment or revocation of approved management plan
32HPlan must be available for inspection
Division 4—Minister's powers to qualify rights
33Definitions
33AAATemporary qualification of rights to…