17.6 Surface water diversions – other statutory rights

Supporting information

This line item represents surface water diverted under other statutory rights in the Melbourne region. The volume could not be quantified in a way that was complete, neutral and free from material error.

Statutory rights to water are those that come under section 8 of Victoria's Water Act 1989 (the Water Act) Section 8 provides that, in some circumstances, a person has a private right to abstract and use water for domestic and stock use without an entitlement and free of charge.

The Water Act defines domestic and stock use as the 'use of water for household purposes, the watering of animals kept as pets, the watering of cattle or other stock, fire prevention (this is limited to certain sources of water) and irrigation of a kitchen garden'. A kitchen garden is defined in the Water Act as a garden used solely in connection with a dwelling; its size varies depending on when the land was alienated by the Crown and whether the garden is irrigated by surface water, groundwater or both.