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Water law in Perth, Western Australia, governs the management, allocation, and use of water resources such as rivers, groundwater, wetlands, and water infrastructure. Regulated by the Western Australian government, water law aims to ensure the sustainable use and protection of water sources for urban, agricultural, industrial, recreational, and environmental needs. The legislation sets out who can take and use water, establishes licensing frameworks, and regulates water quality and access to ensure fairness and ecological balance.
A water law lawyer in Perth can help navigate complex legal and regulatory frameworks related to water use. Legal advice can be essential in situations such as:
Lawyers provide critical support to ensure your interests are protected, you comply with legal obligations, and you are equipped to resolve water-related disputes.
In Perth, water law is primarily governed by Western Australian statutes such as the Water Services Act 2012, the Rights in Water and Irrigation Act 1914, and the Metropolitan Water Supply, Sewerage, and Drainage Act 1909. These acts cover the key legal principles in water management:
Local councils may also set additional by-laws affecting water usage, drainage, irrigation, and flood prevention. Failure to follow these laws can result in fines, loss of licenses, or remediation orders.
A water license is required if you wish to take water from a river, bore, or dam for purposes other than basic household or stock use. This typically affects commercial farmers, industrial users, mining operations, and land developers.
You must apply to the Department of Water and Environmental Regulation. The process involves providing information about your intended water use, location, quantities, and potential environmental impacts.
In some cases, water entitlements or allocations can be transferred between parties, particularly within irrigation districts. Transfers must be approved by DWER to ensure no negative impact on other users or the environment.
Landowners generally have limited rights to water found on their property, such as for domestic use. Most significant use of water requires a license and is regulated to maintain broader environmental and community interests.
Try to resolve the issue amicably first. If this is not successful, seek legal advice. A lawyer can explain your rights, negotiate on your behalf, or represent you in mediation or court if necessary.
Yes. Unlawful water use, such as taking water without a license or exceeding allocations, can lead to significant fines, prosecution, or orders to repair environmental harm.
Building or clearing near rivers, wetlands, or drainage lines may require permits from DWER and local council. Approvals ensure that natural watercourses are protected and that development does not increase flood risks or degrade habitats.
Water quality is regulated to ensure it is safe for consumption, irrigation, and environmental sustainability. The DWER and local councils monitor compliance, and breaches can result in enforcement action.
A license is required to drill and use a bore in most cases, especially if the bore is for purposes other than domestic use. Conditions apply regarding the amount of water extracted and the impacts on local aquifers.
You have the right to receive reasons for refusal and can request a review or appeal through the State Administrative Tribunal. Legal advice can help you prepare and present your case effectively.
For further information or assistance, consider contacting these resources:
If you need legal advice or assistance regarding water law in Perth:
Legal professionals can help you understand your obligations, protect your water rights, and resolve any disputes efficiently and effectively.
