Contemporary water management recognises the principle of user-pays with water licensing fees paid by licensees. This is applied in all other Australian states. Water licensees in Western Australia derive benefit from the regulatory service, and the cost of the service has to be covered either by the tax-payer or through user-payments.

Western Australia is experiencing a drying climate, requiring us to become more focused about how we use our water. With ground and surface water resources being affected by reduced rainfall, we are implementing new approaches to licensing to streamline assessment times and make information about water resources more available to ensure greater security for those with businesses reliant on water.

Part of this approach is the management of water allocation to make sure total water entitlements are within the allocation limit.
The government recognises that many private irrigators and other water users have funded their own infrastructure. It is important to ensure that this investment is safeguarded through the provision of more secure entitlement. Licensing, monitoring and compliance activities are important to delivering greater security to water users, and it is appropriate that as beneficiaries, they meet this cost.

The fees proposed are to recover the costs associated with assessing water license and permit applications. It is not a volumetric charge for a water entitlement.

Three tiers have been selected that best represent the effort in delivering the licensing service.

Who has to pay?

The fees apply to the mining and public water supply sectors.

Why the mining and public water supply sectors?

The mining and water supply sectors are important users of water that recognise the need to meet the costs involved in managing the water licensing system from which they derive a benefit. These sectors use the most amount of water which requires greater effort in assessing licence applications.

When will fees come in?

The Rights in Water and Irrigation Amendment Regulations (No.2) 2018 were gazetted on 30 October 2018. On the fourteenth day after this date, any applications submitted for assessment (either through the Department of Water and Environmental Regulation’s Water Online system or by lodging a hard copy application form to the department) by mining and water supply sectors may attract a fee. This includes new applications as well as renewals of existing licences.

How often are licences renewed?

Licences to take water must be renewed before the expiry date shown on the licence. The maximum period is 10 years.

Licences to construct or alter wells are issued for a period long enough to complete the proposed work, and cannot be renewed. This is typically around 12 months.

What will I be charged for my water licence?

The table below details the fee structure. Fees are based on an Assessment level which is determined by the type of application, the volume of water being applied for and the applicable allocation status of the water resource.

For applications that are for a volume of 1500kL or less per annum, an exemption exists within the Regulations and the fee payable will be $200. For all other applications the table below is applicable. DWER-initiated amendments will not incur an application fee.

Application type

Risk assessment level

Old fee ($)

New fee ($)

New 5C licence (take water)
assessment fee

Low

Medium

High

5 357

7 143

8 929

Renew existing 5C licence
assessment fee

Low

Medium

High

4 001

5 335

6 668

Trades, transfers or agreements
application fee (non-refundable)

Not applicable

200

Amend 5C licence
assessment fee

Low

Medium

High

4 407

5 876

7 345

Construct and alter well licence
assessment fee

Low

Medium

High

172

215

269

Permit for bed and banks
assessment fee

Low

Medium

High

2 477

3 302

4 128

In addition to the new fee schedule above, the existing Rights in Water and Irrigation Regulations 2000 pertaining to fees still apply to all business sectors as per below.

Part 1 — Fees relating to licences and permits

Item	Fee
Application for approval of transfer of a licence, water entitlement or agreement referred to in clause 30 of Schedule 1 to the Act (cl. 32(1)(c) of that Schedule)	$200 (included in the list above)
Fee for certified duplicate of a licence (cl. 45 of Schedule 1 to the Act and reg. 22(1))	$50
Maximum amount for meter test (reg. 44(4))	$500

Part 2 — Registration of instruments in the register and access to the register

Registration	Fee
Application for notation of security interest	$70
Removal of notation of security interest	$70
Variation of notation of security interest	$70
*Access to register*	Fee
Copy of an entry in, or an extract from, the register (s. 26GZI(4))	$25 for the first page, $1 for each additional page

How is the assessment level determined?

Fees are based on an assessment level which is determined by the type of application, the volume of water being applied for and the allocation status of the water resource. If the volume of water being taken is 1500kL or less per annum, the low volume exemption applies and the fee will be $200. For any higher volume the Applicable fee tables apply.

Determining the applicable fee level

Once your application is submitted an initial review will be undertaken to determine the fee required. The department will then notify you of the amount and the payment process through BPOINT.

You can estimate the fee you will be required to pay with the following steps:

Search the Water Register for the location of your application. The Water Register will identify the water resources at your location.
The applicable allocation status of your water resource for the determination of fees is available here
Note: This report is updated as at the end of the previous day. The report outlines the allocation of the entire water resource and may not represent water available for your specific application.
Use the applicable allocation status of the water resource to determine your assessment level, utilising Tables 1-3, dependent upon your application type.
Use the Assessment level to determine your fee with the fee information detailed here
If the report or the register are unclear on your assessment level, you may be within an unproclaimed area or in a resource where no allocation limit is set. You can check if you are in an unproclaimed area on these maps
- Unproclaimed groundwater map
- Unproclaimed surface water map
You may still require a licence in an unproclaimed area in certain instances. You can confirm your requirements with the department on 1800 508 885.
There may be specific applications where the applicable water resource allocation status is not relevant to the assessment (for example Managed Aquifer Recharge schemes), in these cases, the assessment level defaults to Low.

Table 1. Assessment levels associated with applications for licences to take water (5C applications Form 3G or 3S)

	Applicable allocation status of water resource
Volume of application	<30% allocated	>30% and ≤70%	>70% and ≤100%	>100%	No allocation limit
0 - 50,000 kL per annum	low	low	medium	high	low
50 000 - 500 000 kL pa	low	medium	high	high	low
>500 000 kL pa	high	high	high	high	low

Table 2. Assessment levels associated with applications to construct or alter a well (s26D) – Form 1

Applicable allocation status of water resource
<30%	>30% and ≤70%	>70% and ≤100%	>100%	No allocation limit
low	low	medium	high	low

Table 3. Assessment levels associated with applications to interfere with beds and banks – Form 3P

Applicable allocation status of water resource
<30%	>30% and ≤70%	>70% and ≤100%	>100%	No allocation limit
low	low	medium	high	low

Why a $200 for trades, transfers or agreements?

A conservative fee consistent with the existing application fee for trades, transfers or agreements remains unchanged to continue to support an effective water trading market.

The existing process whereby your Transfer of a licence to a new property owner within 30 days of the land ownership change still applies. If the transfer is not completed within this time frame, you will need to apply for a New licence and be required to pay the applicable fee for a new licence.

How do I know if I need a licence?

A licence to construct a well is not required if:

the development is within the water table (non-artesian) aquifer
the well is required for monitoring water level or water quality.

A licence is not required for dewatering purposes if:

the development is within the water table (non-artesian) aquifer
water is taken from the well solely for the purpose of removing underground water to facilitate construction or other activity (that is, dewatering)
the water is taken at a pump rate not exceeding 10 litres per second over a period of less than 30 consecutive days
the volume of water taken over the period does not exceed 25 000 kilolitres.

Will my application be prioritised over non-fee paying applications?

The prioritisation for licence assessments is based on the order in which the department received validated applications. The new fees will not change this approach.

In addition, as part of the Department’s assessment process, you may still be required to supply additional information to support your application. Please see the licensing information available on the Department’s website for the kinds of information and summary of the assessment process that will be followed.

What happens if my application is refused?

The licence fee is for the assessment and is non-refundable regardless of the assessment outcome.

Upon receiving an application, the Department will provide advice to the applicant on the fee required and a licensee will be given the opportunity to withdraw their application before assessment is undertaken.

Will fees go to other water use sectors?

Fees are only being charged to mining and public water supply sectors. The Department is currently consulting on possible fees to other water use sectors and you can access the discussion paper on this here

How will revenue be used?

Additional revenue raised between 2018/19 and 2021/22 will be used for implementing the department’s licensing requirements and strengthening compliance activities.

What happens if I need to change my licence?

A fee will be required if the amendment to your licence requires the Department to undertake an assessment of the impacts to the water resource.

When will I have to pay the fee?

Fees for mining and water supply sectors will be payable early in the assessment process. Assessment will not progress until payment is made.

Can I get my fee refunded?

The Department of Water and Environmental Regulation will refund fees in the following circumstances:

The licensee has paid more than the amount required due to an administrative over-payment.
The licensee has paid when not required to pay a fee.
When an application is withdrawn before assessment has been undertaken.

What if I use less water than my licence entitlement?

Licence fees are based on the effort to assess a water licence application. The effort will take into account the requested water allocation. Not using the full entitlement under your water licence will not reduce the fee payable for the assessment.

Don’t I own the water on my property?

Water resources are owned by the Crown, and the government is responsible for sustainably managing the availability and quality of water to support the state's growth and development as well as the environment. While some land titles included ownership of land to a certain depth, this does not include groundwater (Rights in Water and Irrigation Act 1914) nor minerals (Mining Act 1978).

Who decides how much to pay?

The Department of Water and Environmental Regulation will advise you the fee payable shortly after your application is received Or after you submit your application.

Fees are outlined in the fee structure and are based on the allocation status of the water resource and the volume of water applied for if applicable. It is more complex and time-consuming to assess a water licence with a large entitlement in water resources with a high water resource allocation status than a smaller one and the fee bands reflect this.

What about Riparian rights?

Licences are not required when taking water for riparian rights, which allow land owners/occupiers to take water for non-commercial stock and domestic needs associated with a dwelling. This means that water can be taken from the watercourse for domestic purposes only. A permit to interfere with bed and banks is still required.

How long do I have to pay the fee?

All applications require payment of the fee within 30 days of the applicant being notified by the department of the assessment fee amount.

What happens if I don’t pay the fee on time?

Fees for new applications will need to be paid within 30 days of the applicant being notified. If the fee is not paid within 30 days, the application will be returned and not assessed.

For licence renewals, if the fee is not paid within 30 days of the applicant being notified, the application and previous licence will become invalid.

How often do I have to pay the fee?

The mining and public water supply sectors will be required to pay a fee for each application made in accordance with the fee schedule.

How can I pay the fee?

Payments can be made via the ‘Make a payment’ page on the department’s website. You will be advised what biller code and description of payment to use at the same time that you are notified how much you have to pay.