Basin state water trading rules

Basin state governments create the majority of rules governing water trade in the Basin. They are responsible for developing and maintaining the rules around water access and use.

The Basin Plan requires all states to provide us with a copy of their trading rules. We have published these rules below to make them easier to find.

The following trading rules have been provided by the states, we have made no changes to the information provided to us. As the responsibility for these rules lies with the states, they are the best source of additional information about these rules.

Australian Capital Territory

The Water Resources Act 2007 (ACT) controls the use of water resources in the Australian Capital Territory, including the allocation of water and water use licensing. Specifically, Section 26 of this Act contains rules for the transfer of water access entitlements.

More information on water trade within Australian Capital Territory is available on their water trade page.

New South Wales

The New South Wales (NSW) water market legislative framework is established through the Water Management Act 2000 (NSW). Chapter 3, Part 2, Division 4 of the Water Management Act 2000 contains the rules for the various trades (dealings) available in NSW. The Water Management Act 2000 (NSW) also provides for the creation of water sharing plans. Water sharing plans set out the water source specific management rules, including the rules that govern trade in any given water source.

Under the Access Licence Dealing Principles Order 2004, the minister may establish general dealing principles to regulate or prohibit the trade of water access licences within NSW. Links to NSW trading rules by water sharing plan area and the corresponding complete water sharing plans are provided below. The water sharing plan links are provided for contextual and supporting information to assist in understanding the rules.

Barwon-Darling

Intersecting Streams

Gwydir

Lachlan

Macquarie-Castlereagh

Murrumbidgee

Interstate Trade

  • Rules that govern interstate trade in the southern-connected Basin are contained in Schedule D of Schedule 1 of the Water Act 2007 (Cwth)

Namoi

NSW Border Rivers

Interstate Trade

  • Rules that govern interstate trade between New South Wales Border Rivers and Queensland Border Rivers are contained in the Intergovernmental Agreement 2008 for the NSW Border Rivers and QLD Border Rivers

NSW Murray and Lower Darling

Interstate Trade

  • Rules that govern interstate trade in the southern-connected Basin are contained in Schedule D of Schedule 1 of the Water Act 2007 (Cwth)

NSW Other

Queensland

The Queensland (Qld) water market legislative framework is established through the Water Act 2000 (QLD). Sections 128-135, 146A-150 and 151-153 of the Act contains the relevant trading rules for all water management areas in Qld.

The Queensland land and title practice manual outlines the conveyance framework for registering permanent trade approvals, or trades not requiring resource manager approval.

Up-to-date market information for trades involving a change in location is also available on the Qld water markets and trading page.

See links to the Qld water resource area trading rules below. We have linked to complete documents for your reference and identified trading rules where relevant.

Border Rivers

  • Rules that govern trade between New South Wales Border Rivers and Queensland Border Rivers are contained in the Intergovernmental Agreement 2008 for the NSW Border Rivers and Qld Border Rivers.
  • The trading rules for the Border Rivers water resource plan area are outlined in Parts 3, 4 and Part 5 Division 2 of the Water Resource (Border Rivers) Plan 2003
  • More specific trading rules for the water supply schemes in the Border Rivers are contained in Border Rivers Resource Operation Plan 2008. To access these rules please refer to:
    • Chapter 9 Part 2, ss251-252 for interstate trading arrangements
    • Chapter 6 Parts 3 and 4 for rules relating to the Border Rivers Water Supply Scheme
    • Chapter 4 Parts 3 and 4 for rules relating to the Macintyre Brook Water Supply Scheme
  • For trading rules that relate to Border Rivers water management areas please refer to Chapters 7 and 9, and Attachments 1, 2, 3A and 3B of the Border Rivers Resource Operations Plan Amendment 2011

Condamine–Balonne

Warrego, Paroo and Nebine

Moonie River

South Australia

The South Australian water market legislative framework is established through the Natural Resources Management Act 2004 (SA). The Act outlines the rules for transfer of water licences and water access entitlements (Section 150) and the transfer of water allocations (Section 157). Water Allocation Plans may also transfer criteria that regulates the trade of water access rights.

See links to the South Australian water resource area trading rules below. We have linked to complete documents for your reference and identified trading rules where relevant.

River Murray Prescribed Watercourse

Interstate Trade

  • Rules that govern interstate trade in the southern-connected Basin are contained in Schedule D of Schedule 1 of the Water Act 2007 (Cwth)

Eastern Mount Lofty Ranges Prescribed Water Resource

SA Prescribed Wells Areas within the Murray-Darling Basin

Victoria

The Victorian water market legislative framework is established through the Water Act 1989 (VIC). Victoria has a set of trading rules for declared systems and a set of trading rules for non-declared systems (groundwater and unregulated surface water).

The Trading rules for declared water systems applies to trade within, into and out of declared water systems. The Policies for managing take and use licences and other related documents contain the trade rules for undeclared systems.

More information about these rules is available on the Victoria trading rules page.