Sydney
32.1 Other statutory surface water rights

Other statutory surface water rights in the Sydney region are made up of two main categories: cultural rights and riparian right (described below).

 

Cultural basic right allows abstraction of water for anyone who holds native title with respect to water, as determined under the Native Title Act 1993 (Cwlth). The right holders can take and use water for a range of needs without holding a water access licence. This includes accessing water for personal, domestic and non-commercial communal purposes such as:

• manufacturing traditional artefacts
• hunting, fishing and gathering
• recreation
• cultural
• ceremonial.

As recorded by the NSW Office of Water, there is a 27 ML (based on a 0.073 ML/d rate) cultural basic right available to abstract water from the Kangaroo River water source in the Sydney region (Water Sharing Plan for the Kangaroo River Water Source). No cultural basic rights are estimated to occur in other areas of the region.

 

Under the Water Management Act 2000 (NSW), a riparian right (also defined as a basic right) allows an owner or occupier of land that is overlaying an aquifer or has river, estuary or lake frontage to take water without a licence under a domestic and stock right to meet basic requirements for household purposes (non-commercial uses in and around the house and garden) and for watering of stock. This water cannot be used for irrigating crops or garden produce that will be sold or bartered, washing down machinery sheds or intensive livestock operations.

As recorded by the NSW Office of Water, there is 32,528 ML riparian right available in the Sydney region.

Breakdown of the riparian and cultural rights by river source

Water source	Estimated water use for the 2010–11 year (ML/yr)
	Riparian right	Cultural basic right	Total
Shoalhaven River	4,840	0	4,840
Illawarra River	1,467	0	1,467
Upper Nepean and Upstream Warragamba rivers	7,676	0	7,676
Hawkesbury and Lower Nepean rivers	9,279	0	9,279
Southern Sydney rivers	4,825	0	4,825
Northern Sydney rivers	4,059	0	4,059
Kangaroo River	382	27	409
Total	32,528	27	32,555

New South Wales Government, the NSW Office of Water: Water Sharing Plan for the Kangaroo River Water Source, Draft Water Sharing Plan – Greater Metropolitan Unregulated River Water Sources.

NSW Office of Water.

Values as stated in the Water Sharing Plan for the Kangaroo River Water Source and the Draft Water Sharing Plan – Greater Metropolitan Unregulated River Water Sources.

No cultural basic rights are estimated to occur in areas other than Kangaroo River System.

Estimated uncertainty is +/– 10% to 50% based on established practice and professional judgment within the NSW Office of Water.