Sydney
32.1 Other statutory surface water rights

Supporting Information

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

 

Cultural right

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.

 

Riparian right

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

Quantification Approach

Data Source

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.

Provided by

NSW Office of Water.

Method

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.

Assumptions, Limitations, Caveats and Approximations

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

Uncertainty Information

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