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Queensland’s Water Act 2000 governs every rural landowner’s relationship with water on their property.
The old saying, if it falls on my land, its mine and I can do what I like with it, no longer holds true and is out of step with legal reality.
Water is not just a resource but a very regulated right.
From bores to most farm dams, all water is legally considered a public resource – “all rights to the use, flow and control of all water in Queensland are vested in the State”. This means farmers must navigate a web of licenses, plans, and federal schemes to access and use water. The stakes are high: water security can make or break a farm, yet regulations are complex and often changing. Below, we explore how the Water Act impacts landholders, focusing on the Murray-Darling Basin plan, government buybacks, and the turbulent issue of overland flow.
Under Queensland law, landowners do not automatically own the water on or under their land – the State does. Practically, this means you need a licence or allocation for most uses of water, whether pumping from a creek or capturing runoff. The Water Act 2000 requires anyone “who wants to take or interfere with water in Queensland” to obtain a licence, unless an exemption in a water plan applies. There are small exceptions (for example, reasonable domestic and stock watering from a watercourse is allowed without a licence), but any significant irrigation or dam construction will trigger the licensing regime. These licences and allocations define how much water you can take, from where, and for what purpose.
Queensland’s southwest forms part of the Murray-Darling Basin, so local water use is also governed by federal agreements. The Basin Plan (under the Water Act 2007 (Cth)) sets overall limits and requires Queensland to contribute to environmental water recovery. For landholders in areas like the Condamine–Balonne, this has meant big changes. In recent years the Commonwealth has bought water entitlements from Queensland irrigators to send more flow downstream for the environment. For example, in 2017 the federal government purchased 28.7 billion litres of overland flow water from two huge properties in the Condamine–Balonne for $78.9 million. As part of that deal, the farms had to decommission their levees and dams so that floodwaters could once again flow off the farms into the river system.
Another complex and conflict-ridden aspect of the Water Act is its treatment of overland flow – the water that runs across the land after rain or during floods. Many landowners have historically built dams or levee banks to capture this precious floodwater. However, Queensland law now tightly regulates such practices. Overland flow is treated just like river water in that you generally need authorisation to intercept it. Each regional Water Plan can impose limits on overland flow harvesting. This has become a legal battleground on the floodplains. Landholders upstream who capture big flows can inadvertently deprive downstream neighbours (and ecosystems) of water – a recipe for conflict.
With overlapping state and federal rules, Queensland landowners face significant legal and policy complexity. It’s not just a matter of rain on your land = your water; it’s far more intricate. Some of the key complexities include changing Water Plans, federal–state intersections, overland flow regulations, and compliance enforcement. Despite these challenges, landholders do have rights and avenues to advocate for their interests, including making submissions on water plans, appealing licensing decisions, and seeking advice from legal professionals.
We understand how bewildering and frustrating water regulation can be. Landholders are asked to conserve water for the greater good – a noble aim – but must also be able to sustain their businesses. Achieving this balance requires continued vigilance and advocacy. Landowners should stay informed, exercise their voice, document their water use, seek expert advice, and build alliances. Armed with knowledge and a commitment to advocacy, you can help shape a water management system that respects both the environment and rural livelihoods.
This blog is part of a two-part series exploring Queensland’s water laws. In Part 2, we’ll dive deeper into how these regulations impact agribusinesses, including water trading, competing interests, and legal strategies to safeguard water access. Stay tuned!
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