Water Act 2007
No. 137, 2007
Compilation No. 37
Compilation date: 1 July 2026
Includes amendments: Act No. 111, 2023 and F2026L00815
This compilation is in 2 volumes
Volume 1: | Parts 1 to 10A |
| sections 1 to 239W |
Volume 2: | Parts 11 to 12 |
| sections 241 to 256 |
| Schedules |
| Endnotes |
Each volume has its own contents
About this compilation
This compilation
This is a compilation of the Water Act 2007 that shows the text of the law as amended and in force on 1 July 2026 (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. The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au).
Application, saving and transitional provisions
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.
Presentational changes
The Legislation Act 2003 provides for First Parliamentary Counsel to make presentational changes to a compilation. Presentational changes are applied to give a more consistent look and feel to legislation published on the Register, and enable the user to more easily navigate those documents.
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. Any modifications affecting the law are accessible on the Register.
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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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…
Overview
The Water Act 2007 was enacted by the Commonwealth Parliament to address the pressing issue of managing the water resources of the Murray-Darling Basin in a way that promotes sustainable use and addresses the environmental, economic, and social challenges faced by the basin. The overarching policy objective of the Act is to enable the Commonwealth, in conjunction with the Basin States, to effectively manage these critical water resources in the national interest. The Act establishes the Murray-Darling Basin Authority and provides for its functions, powers, and duties, including the preparation of a Basin Plan that sets out rules for the sustainable use of water resources, taking into account the ecological, social, and economic outcomes. It also provides for the protection of critical human water needs, environmental water management, and the implementation of water trading reforms. By setting out clear guidelines and rules for water resource management and trading, the Act aims to improve water security and ensure the long-term sustainability of the Basin's water resources.
Scope and Application
The Water Act 2007, as amended up until July 1, 2026, applies to the management of water resources within the Murray-Darling Basin, a major river system in Australia. This Act primarily aims to facilitate cooperation between the Commonwealth and the Basin States in managing the water resources of the Murray-Darling Basin, and it provides for the establishment of the Murray-Darling Basin Authority and other entities to implement the provisions of the Act. The Act applies to a wide range of persons and entities, including the Murray-Darling Basin Authority, the Basin Community Committee, the Commonwealth Environmental Water Holder, and any agencies or bodies involved in the management of Basin water resources. It also applies to infrastructure operators, water access rights holders, and any persons or entities engaged in water trading or other water-related activities within the Basin. The Act's jurisdiction extends to the Commonwealth, the Basin States, and the external territories of Australia, with certain provisions specifically addressing the application of the Act in the Australian Capital Territory and the Northern Territory. Notably, the Act does not apply to the taking of water for urban water supply purposes beyond the point at which the water is removed from a water resource. The Act's application can be further extended or restricted through subordinate legislation, such as regulations and protocols, which may specify particular classes of water resources or activities to which the provisions of the Act apply.
Key Provisions
- The Water Act 2007 primarily deals with the management of the Murray-Darling Basin's water resources and sets up various frameworks and bodies to oversee and enforce water-related regulations. The Act requires the creation of a Basin Plan, which outlines limits on the sustainable diversion of water and sets up protocols for environmental watering and water trading. It also establishes the Murray-Darling Basin Authority and the Basin Community Committee to oversee the implementation of the Basin Plan and water resource plans, respectively. These plans and the associated rules must be consistent with relevant international agreements and state laws. The Act mandates that any changes to the Basin Plan must go through a specific review process involving consultations with various stakeholders, including the Murray-Darling Basin Ministerial Council and the Basin States.
- The obligations imposed by the Act on the parties and entities it governs include the requirement for the Authority and the Basin Community Committee to consult with the Murray-Darling Basin Ministerial Council and other stakeholders when preparing the Basin Plan and water resource plans. The Authority is tasked with managing water access rights and environmental assets within the Murray-Darling Basin, while the Basin States must align their water management laws with the provisions of the Act. Furthermore, the Act requires the Minister to adopt the Basin Plan and manage water resources in a way that aligns with the Murray-Darling Basin Agreement and other relevant international agreements. The Murray-Darling Basin Ministerial Council is also obligated to provide advice and recommendations to the Minister regarding water management and the implementation of the Basin Plan.
- The Act includes various offences and penalties for breaches, which can result in both civil and criminal consequences. For instance, taking water from a water resource when not permitted under state law can result in fines up to 1,000 penalty units for individuals and 5,000 penalty units for corporations. Failure to comply with water charge rules or the Basin Plan can also result in fines, with the exact penalties depending on the nature and severity of the offence. Additionally, there are provisions for public warning notices and the imposition of infringement notices for minor breaches, with penalties for non-compliance ranging from fines to imprisonment. The Act also provides for the possibility of criminal charges for more serious offences, including those related to the misuse of water resources or the obstruction of authorised officers carrying out their duties. These offences can lead to imprisonment, substantial fines, or both, depending on the severity of the breach.
- Area of Law
- Environmental Law
- Property Law
- Instrument
- Act
- Concepts
- Definitions & Interpretation
- Commencement Provisions
- Regulatory Standards
- Enforcement
- Penalties & Sanctions
- Consultation Requirements
- Monitoring & Reporting
- International Cooperation