Under the Water Act 2000, you may need a water licence for taking or interfering with surface water or underground water, or for taking overland flow water.

Your water licence describes what you are entitled to, including any limits and conditions that apply. You also need to comply with any rules that apply to your water licence under the Water Regulation 2016, water plan or water management protocol.

Surface water

Water licences for taking or interfering with water in a watercourse, lake or spring are generally required for purposes such as:

• irrigation
• industrial or commercial use
• storing water behind a weir
• impounding water behind a storage structure
• diverting water from a watercourse
• storing water in excavations that are within or connected to a watercourse
• stock or domestic use on lands that do not adjoin a watercourse, lake or spring.

Overland flow water

In some areas of Queensland, you may need a water licence to take or interfere with overland flow water. These areas are identified in moratorium notices and water plans.

Underground water

Generally, you will need a water licence to take underground water in groundwater areas established through the Water Regulation 2016 or a water plan.

Limits on taking water under a water licence

Water licences to take water will either state a maximum volume of water that may be taken in a year or will state a maximum area of land that may be irrigated in a water year (area based water licence). Water licences may be subject to measurement requirements outlined in the Water Regulation 2016.

For an area based licence, you can:

• irrigate a single area, or multiple areas that do not exceed the licensed area when combined.
• irrigate multiple crops where the growing seasons overlap if the total cropped area does not exceed the licensed area.

Under an area based licence, irrigating multiple areas on alternate days or weeks is not allowed if the total area will exceed your licensed area. Additionally, other approvals may be required if you are changing the size of the pump associated with an area based water licence.

Water use in excess of your licensed area is an offence under the Water Act 2000 and may result in compliance action.

Offences

If you are unsure about how to interpret the limits and conditions of your licence, contact your local business centre for assistance.

Failure to ensure you have the required licence or failure to follow the rules and requirements of your licence may result in prosecution under the Water Act 2000 for the following offences:

• unauthorised taking or supplying of water
• unauthorised interfering with water
• contravening a condition of a water licence
• tampering with a device used under the Water Act 2000 to measure the volume of water taken, or the rate and time of taking of water.

The department undertakes routine property audits to ensure compliance with water licences.

Find out more on how we approach water resource compliance and enforcement.

To hold a water licence in Queensland, as defined in section 104 of the Water Act 2000, you need to be either:

• an owner of land
• a prescribed entity.

If you are considering applying for a water licence or participating in an unallocated water release process, you need to be eligible to hold a water licence.

Prescribed entities

A prescribed entity can apply for a water licence as long as they don't own the land attached to the licence, as defined in section 104 of the Act.

To become a prescribed entity, under the regulation, you need to make a request in writing to the Chief Executive of the Department of Local Government, Water and Volunteers. Contact 13 QGOV (13 74 68) for more information regarding this process.

Your request should include the following information:

• why a water licence is required
• the location(s) where a water licence may be required
• short-term and future requirements for obtaining a water licence
• project and/or development information to support the requirement for a water licence
• evidence of legal status (i.e. if you are a company, you must provide evidence of registration of a company under the Corporations Act 2001 (Cwlth)).

Your request to become a prescribed entity will initially be considered by the Chief Executive. You will be contacted if further information is required to make a decision.

In order for a successful request to be finalised, the entity must be prescribed by being listed in Schedule 4 of the Water Regulation 2016. This process requires Governor in Council approval and timeframes may vary. Once listed you may apply for a water licence as a prescribed entity.

To apply for a water licence, you must be the owner of the land or a prescribed entity as defined under the Water Act 2000 (e.g. a local government or a water authority).

Generally, a water licence is attached to land. The water you take or interfere with can only be used on the land to which the licence is attached. A water licence that is not attached to land may be granted to an entity such as a local government or a water authority.

Water licence dealings include renewals, reinstatements, transfers, subdivisions and some amendments and amalgamations, as well as surrenders, cancellations or repeals.

Forms and fees

You must apply for a new water licence or a water licence dealing using approved water licence forms and pay the prescribed fee.

Public notices of licence applications

When the department receives an application for a new water licence or certain water licence dealings, we will publish a public notice, where required. This notice allows submissions on the application to be made within 30 business days.

In certain circumstances, you may be requested to publish a copy of this notice. You will be supplied with the notice, including information about publishing. If you are required to publish a notice, your application will lapse if the notice is not published within the specified time.

Your application will lapse if the notice is not published within the required time. The notice allows for submissions to be made within 30 business days.

Assessment of your application

Your application for a water licence will be assessed against criteria in the Act, including:

• existing water entitlements and authorities
• relevant water plans
• public interest.

Any submissions made in response to a public notice will be taken into consideration when your application is being assessed.

Contents of water licence

Your water licence will state:

• an expiry date of 30 June 2111 (unless a different expiry date is stated in a water plan or water management protocol)
• the water to which the licence relates
• the location from, or at, which the water may be taken or interfered with
• conditions that you must meet.

You must meet the conditions stated on your water licence. For example, you may be required to carry out and report on a stated monitoring program.

Right of review and appeal

Under the Act, the applicant for a water licence and persons who make a proper submission about an application have the right to seek an internal review of a decision and, if necessary, to appeal the review decision.

This does not apply for water licence dealings that do not require a public notice.

Applicants and submitters are advised when a decision has been made on a water licence application. You will be advised about how to seek an internal review and the appeal process.

Public requests for information

You can request information relating to water licences, interim water allocations and associated information or approvals that are attached to a property.

To submit a request, complete the Request for water entitlement data attached to land online form.

Alternatively, you can access the request form on the forms and fees page. We will contact you to arrange payment of the prescribed fee.

Public notices may be required for new water licence applications and for certain water licence dealings in order to seek public input into the assessment. Current public notices are shown below.

Generally, public notices are not required for new water licences granted for:

• prescribed activities
• a petroleum holder
• taking underground water for stock and domestic purposes.

Current public notices are shown below.

How to make a submission on a public notice

Your submission on a water licence application must:

• be made in writing and signed by each person making the submission
• have the name and address of each person making the submission
• state the grounds of the submission and the supporting facts and circumstances
• include the application reference number
• be received by the chief executive of the Department of Local Government, Water and Volunteers on or before the closing date stated in the notice (minimum 30 business days).

The names and addresses of those who've made submissions will be included on the information notice sent to the applicant and all submitters when they are advised of the outcome of the application.

The notice includes the decision and its reasons, as well as information about rights to seek an internal review and the appeal process.

Submissions are subject to the Right to Information Act 2009 and Information Privacy Act 2009, and may be made available to anyone who makes an information access request under these Acts.

Current public notices

The notice will generally include links to the application and any supporting materials. If not, contact your local business centre to inspect these documents.