New South Wales Consolidated Acts

MINING ACT 1992 - SECT 212

212 Right of access to water

(1) If land subject to a mineral claim includes the surface of any land, a landholder who is entitled to use the land for stock watering or water drainage purposes is entitled to free and uninterrupted access, for those purposes, to the water in any stream (whether perennial or intermittent) or any lagoon or swamp (whether permanent or temporary) on or adjacent to the land.

(2) If a dispute arises between the holder of the mineral claim and any such landholder concerning the right of access, the holder of the mineral claim or the landholder may apply to the Land and Environment Court for a determination on the matter.