Water licensing in Western Australia
Water licensing process
There are five stages to applying for a new licence or permit, or in making changes to an existing licence.
Stage 1 Applying for a licence or permit
Stage 2 Validating an application
Stage 3 Assessing an application
Stage 4 Making a recommendation
Stage 5 Making a decision
See the water licensing process as a diagram.
See our water register to understand water availability in your area.
The Western Australian water in mining guideline outlines the department's licence assessment process and where it aligns with other assessment processes, such as those under the Environmental Protection Act 1986 (WA).
Note: An application for a licence or permit does not guarantee access to water.
Types of licences
The Department of Water and Environmental Regulation issues licences and permits under the Rights in Water and Irrigation Act 1914 to
- Take water
- Construct wells (including bores and soaks)
- Interfere with the bed and banks of a watercourse
The department also grants permits under the Country Areas Water Supply Act 1947 to clear native vegetation near water and provides exemptions for water utilities from licensing under the Water Services Act 2012.
The relevant Acts can be found on the State Law Publisher's website.
Water licensing under the RiWI Act
The department is responsible for managing the state's water resources. By issuing licences and permits, the department protects the state's water resources and promotes the sustainable and efficient use of water.
5C licences to take water
A 5C licence allows the licence holder to take water from a watercourse, well, and or, underground source.
Unless a person holds a licence, any unauthorised taking of water is prohibited except where a person has another right to do so, or is exempt from licensing.
Apply for a 5C licence to take groundwater
Apply for a 5C licence to take surface water
26D licences to construct or alter a well
A 26D licence is issued under the provisions of Section 26D of the Rights in Water and Irrigation Act 1914 to construct or alter wells. A 26D licence is required to:
- commence, construct, enlarge, deepen or alter an artesian well [26A(1)]
- commence, construct, enlarge, deepen or alter any non-artesian well in a proclaimed groundwater area [26B (3) (a)].
A licence would not be required for water table (non-artesian) wells constructed for domestic purposes or for monitoring water levels or water quality. Refer to the exemptions page for further details
Section 11/17/21A permits
Permits are granted by the department to authorise interference or obstruction of the bed and banks of a watercourse or wetland.
Water cannot be 'taken' under a permit, however, in many instances, persons exercising their Section 10 and 21 rights in proclaimed and unproclaimed areas require a permit to do anything. This includes installing any works or object that causes the obstruction of or interference to a watercourse or wetland or its bed and banks, in order to exercise their right to take water under these sections.
Permits can be issued under the Rights in Water and Irrigation Act 1914 under the following sections:
- Section 11 permit – works relating to the taking of water in a proclaimed area where access is via road or Crown reserve.
- Section 17 permit – works relating to the taking of water in a proclaimed area
- Section 21A permit – works relating to the taking of water in an unproclaimed area where access is via road or Crown reserve.
Exemptions
The Rights in Water and Irrigation Act 1914 contains provisions for exemptions from licenses and permits. These exemptions may apply to certain stock and domestic and dewatering and monitoring well situations.
Applying for a new licence or permit
Applying for a licence or permit does not guarantee access to water. You are encouraged to view our water register to understand the water availability in your area.
Are you looking to find:
- Whether a licence or permit is required for your proposal
- How to apply online
- Paper application forms
- How to complete a paper application form
- Where to lodge your completed paper application form and supporting documents
Do you have a question?
- FAQ Water licensing in Western Australia
- FAQ Do I need a licence or permit?
- FAQ How to apply for a licence or permit
For further assistance in obtaining a licence or permit call 1800 508 885 or email
licence.enquiry@water.wa.gov.au.
Amending or renewing an existing licence
Your licence to take water has an expiry date. It is your responsibility to make sure you have applied to renew your licence before the expiry date of your existing licence.
Are you looking to find:
- How to apply online
- Paper application forms
- How to complete a paper application form
- Where to lodge your completed paper application form and supporting documents
Do you have a question?
For further assistance in obtaining a licence or permit call 1800 508 885 or email licence.enquiry@water.wa.gov.au.
Transferring or trading your existing licence
Please note that a $200 fee applies.
Are you looking to find:
- How to apply online
- A paper application form
- How to complete a paper application form
- Where to lodge your completed paper application form and supporting documents
Do you have a question?
For further assistance in transferring or trading an existing licence, please contact your regional Department of Water and Environmental Regulation office.
Agreements to take water under an existing licence for a limited period
Please note that a $200 fee applies.
Are you looking to find:
- Low to apply online
- A paper application form
- How to complete a paper application form
- Where to lodge your completed paper application form and supporting documents
Do you have a question?
For further assistance on water agreements, please contact your regional Department of Water and Environmental Regulation office.
Obligations and responsibilities of a licensee
Do you have a question?
FAQ What are my responsibilities as a licence or permit holder?
Making a submission to a licence application or making a complaint
Do you want to make a submission to an application to take water or make a complaint about the taking of water or disturbance to bed and banks?
FAQ Making submissions and complaints
Compliance and enforcement undertaken by the Department of Water and Environmental Regulation
Visit our compliance and enforcement page to find out more about the department's compliance and enforcement activities.
Licences under Country Areas Water Supply Act 1947
The clearing of native vegetation in Western Australia is primarily authorised by the granting of a permit under the Environmental Protection Act 1986 administered by the Department of Water and Environmental Regulation.
If an EP Act exemption applies in a Country Area Water Supply Act 1947 controlled catchment, or if compensation has previously been paid to retain the subject vegetation, a Country Area Water Supply Act 1947 clearing licence is required.
Land owners, or occupiers, considering clearing native vegetation in the catchments listed below should in the first instance contact the department to find out whether an Environmental Protection Act 1986 Permit or Country Area Water Supply Act 1947 licence is required.
How to apply
If a Country Area Water Supply Act 1947 licence is required, contact the nearest Department of Water and Environmental Regulation regional office for a Form 1 Application for licence.
Map of CAWS Act controlled catchments
- Mundaring Weir catchment area
- Wellington Dam catchment area
- Harris River Dam catchment area
- Warren River water reserve
- Kent River water reserve
- Denmark River catchment area
Frequently asked questions
- Why does the department issue licences and permits?
- What types of water licences and permits does the department issue?
- What does a licence to construct or alter a well allow me to do?
- What does a permit to interfere with bed and banks allow me to do?
- What does a licence to take water allow me to do?
- Why are water resources proclaimed?
Why does the department issue licences and permits?
The Department of Water and Environmental Regulation is the state's water resource management agency. We manage and allocate water in Western Australia through licences and permits issued under the Rights in Water and Irrigation Act 1914.
What types of water licences and permits does the department issue?
The department issues the following types of licences and permits under the Rights in Water and Irrigation Act 1914:
- A licence to construct or alter a well
- A permit to interfere with bed and banks
- A licence to take water
To determine whether you need a water licence or permit, refer to FAQ Do I need a licence or permit? or contact the Department of Water and Environmental Regulation on 1800 508 885 or email licence.enquiry@water.wa.gov.au
What does a licence to construct or alter a well allow me to do?
A licence to construct or alter a well allows you to construct, alter or deepen a bore, well or excavation to access groundwater and may include exploratory, monitoring or production bores.
A licence to construct or alter a well:
- is a legal document with terms, conditions and limits which must be complied with
- requires that bores are constructed by a certified driller
- does not authorise you to take or use the water from the well. You will need a separate licence to take water if you want to take or use this water
- is non-renewable.
For more information see FAQ Responsibilities of licence and permit holders.
If emergency works are needed for the repair or replacement of a bore, well or excavation, please contact your local Department of Water and Environmental Regulation office.
What does a permit to interfere with bed and banks allow me to do?
A permit to interfere with bed and banks allows you to alter, obstruct or interfere with the bed or banks of a watercourse as specified in the permit under 'authorised activities', subject to any terms, conditions and restrictions.
Permits are required for all activities that modify bed and banks in proclaimed water resource management areas and in unproclaimed areas where access to a watercourse in via a public road or reserve.
A permit to interfere with bed and banks:
- is a legal document with terms, conditions and limits that must be complied with
- does not allow you to take or use the water from the watercourse. You will need a separate licence to take water if you want to take or use this water for non-riparian purposes in proclaimed water resource management areas
- may be required (proclaimed and unproclaimed areas) where access to the watercourse is via a public road or reserve, subject to approval from the authority responsible for the road or reserve
Note: Construction activities may require other approvals. The department is not obliged to consider the safety of the works when granting a permit.
For more information see FAQ Responsibilities for licence and permit holders.
What does a licence to take water allow me to do?
A Licence to Take Water allows you to take a specified amount of water (the entitlement from a proclaimed (and in certain circumstances an unproclaimed) groundwater or surface water resource.
A licence to take water:
- is a legal document with terms, conditions and limits which must be complied with
- does not give you ownership of the water resource. All water is vested in the Crown and the department grants you access to this water for your use for the licence duration
- may be transferred to another user, or the entitlement may be traded or leased to another person, subject to the department's approval. FAQ Transfers, trades and agreements.
It is recommended that you:
- keep your licence in a secure place where it can be regularly checked to ensure you are complying with the terms and conditions of your licence
- apply to renew your licence prior to the licence expiry date
- apply to amend your licence if you want to change the volume (entitlement), activity or location of the water source on your licence.
Why are water resources proclaimed?
The Department of Water and Environmental Regulation is Western Australia's government agency responsible for ensuring the state's water resources are planned, managed and developed to meet community requirements, now and in the future.
Through the proclamation of certain groundwater and surface water areas, the department can actively manage our water resources by:
- defining the volume of water available for licensing purposes from a particular resource
- Issuing licences and permits under the Rights in Water and Irrigation Act 1914 for various activities, such as the taking and use of water
