New South Wales Consolidated Acts

WATER MANAGEMENT ACT 2000 - SECT 392

392 State's water rights

(1) For the purposes of this Act, the rights to the control, use and flow of--

(a) all water in rivers, lakes and aquifers, and

(b) all water conserved by any works that are under the control or management of the Minister, and

(c) all water occurring on or below the surface of the ground (including overland flow water flowing over or lying there for the time being) other than water referred to in subsection (1A),

are the
"State's water rights" .

(1A) Subsection (1) (c) does not include any of the following--

(a) water that is collected from a roof (including water collected from a roof using a rainwater tank),

(b) water occurring on or below the surface of the ground in such other circumstances as may be prescribed by the regulations.

(2) The State's water rights are vested in the Crown, except to the extent to which they are divested from the Crown by or under this or any other Act.

(3) The State's water rights prevail over any authority conferred by or under any other Act or law, except to the extent to which this or any other Act expressly so provides.

(4) The State's water rights are not to be exercised in contravention of--

(a) the powers conferred by section 15 of the Fire and Rescue NSW Act 1989 and section 26 of the Rural Fires Act 1997 on an officer in charge at a fire or hazardous material incident, or

(b) the rights and obligations of the Snowy Hydro Company under a Snowy water licence within the meaning of the Snowy Hydro Corporatisation Act 1997 , or

(c) the rights conferred by the Local Land Services Act 2013 with respect to the watering of stock at stock watering places within the meaning of that Act.