Water rights in Queensland
Who holds the right to use water?
Water rights are the legal rights to take and use water. Historically, owning land beside a river carried common-law rights to its water. In Queensland that has been replaced by a statutory system under the Water Act 2000.
Today a landholder’s right to water depends on the kind of water, where it is, and what it will be used for. Some rights come with the land, and others have to be granted, bought or traded.
The starting point
All rights to the use, flow and control of water in Queensland are vested in the State.
Kinds of water rights
How water rights are held
Stock and domestic
Landholders can generally take water for stock and domestic use, such as from a watercourse on or beside their land, without a licence, subject to local rules.
Water allocations
Tradeable water rights held separately from land and recorded on the Water Allocations Register. In Queensland, this is usually what people mean by water rights.
Water licences
A licence to take or interfere with surface water, overland flow water or underground water, usually attached to the land it relates to.
Permits and seasonal assignments
Water permits and seasonal water assignments give the right to water for a set purpose or a single water year.
Key points
What to know
- Water is managed by each state. In Australia each state runs its own water laws, within national arrangements such as the Murray–Darling Basin Plan.
- Land and water can be separate. A water allocation can be bought and sold without the land, so the water on a property may belong to someone else.
- Water plans set the rules. Each catchment’s water plan decides how much water can be taken, traded or relocated, and where.
- Dealings go through the Department and the ROL holder. Water rights advice often means negotiating with the Department, Sunwater or Seqwater, alongside strategic advice on the asset. See water authorisations and water licences.
Talk to us about your water rights
Find out what rights come with your land, what you can trade, and what you need to apply for.