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Parliamentary Questions


Question Without Notice No. 366 asked in the Legislative Council on 17 April 2020 by Hon Peter Collier

Parliament: 40 Session: 1

DEPARTMENT OF WATER AND ENVIRONMENTAL REGULATION — SPRING WATER RIGHTS

366. Hon PETER COLLIER to the minister representing the Minister for Water:

My question is asked on behalf of Hon Dr Steve Thomas who is on urgent parliamentary business.

I refer to recent and current action by the Department of Water and Environmental Regulation to regulate spring water rights.

(1) Does the Minister for Water support farmers' rights to water flowing from any spring on their land without interference by DWER?

(2) Does section 5 of the Rights in Water and Irrigation Act create an exemption for the regulation of springs or remove springs from the control of DWER?

(3) Does the minister support farmers' rights to spring water rising naturally to the surface without first obtaining consent from DWER?

(4) Does the definition of a watercourse under the Rights in Water and Irrigation Act include an underground flow of water?

(5) Will the minister support the rights of farmers in the south west to continue to draw water from springs arising naturally on their land?

Hon DARREN WEST replied:

I thank the member for some notice of the question. On behalf of the Minister for Regional Development representing the Minister for Water, I provide the following answer.

(1) The Department of Water and Environmental Regulation is responsible for administering the Rights in Water and Irrigation Act 1914, which provides for the regulation, management, use and protection of water resources in Western Australia.

(2) Section 5 of the act outlines circumstances whereby regulation of the take of water does not apply. Specifically, if the natural rising and flowing of underground water on a property meets the exemption under the act.

(3) Landowners should contact the Department of Water and Environmental Regulation prior to taking water. The department will work with the landholder to review and assess whether the natural rising and flowing of underground water on a property is exempt or requires regulation.

(4) The act provides for the regulation of underground flow of water.

(5) The department will continue to work with landholders to determine in individual cases whether the natural rising and flowing of underground water on a property requires regulation as per part 3 of the act or is exempt under section 5.