No. For domestic and stock rights to apply, the landholder can be the owner of the land or a lawful occupier2. A lawful occupier includes a person with a lease, easement or Crown land licence.
You need a water supply work approval to construct a groundwater bore, including to take groundwater under domestic and stock rights.
A water supply work approval for a bore may authorise:
- the construction and use of the bore for any purpose by the landholder, subject to any other relevant authorisations, OR
- the construction of the bore under domestic and stock rights only - in this case the water taken can only be used by the landholder for domestic consumption and stock watering.
You also need a water supply work approval to construct a dam, including to store water taken under domestic and stock rights, unless the dam is constructed under a harvestable right and is within the allowable maximum capacity.
You do not need a water supply work approval for pumps, pipes, troughs or tanks used to take or store water from a river under domestic and stock rights.
A water access licence or water use approval is not required to take or use water under domestic and stock rights3.
Information on water supply work approvals, including how to apply, is available on the WaterNSW approvals webpage.
Use your approval number to check the record of your approval on the NSW Water Register.
If the record says your water supply work approval is for ‘basic rights’, then the approval is for domestic and stock rights only (unless you are also eligible for Native Title rights).
Yes, but you will need to apply for a domestic and stock water access licence.
You may also require a water supply work approval, for example if you intend to construct and use a bore to access groundwater for domestic and stock licence purposes.
More information on water access licences, including domestic and stock licences, is available on the WaterNSW water access licences webpage (see Categories of a water access licence).
Water taken under domestic and stock rights and domestic and stock licences can only be used for domestic consumption and stock watering by the landholder.
Domestic consumption and stock watering are defined in Section 52 of the Water Management Act 2000 and further explained in the Domestic and stock rights FAQs (PDF, 1228.5 KB)
Domestic consumption means the use of water for normal household purposes in and around a domestic premises situated on the land where the water is taken. This includes water for drinking, laundry, or watering a non-commercial garden connected to the household.
Stock watering is providing water to stock animals being raised on the land for drinking, and to maintain health and hygiene.
Stock watering in this context does not mean:
- providing water to stock animals in an intensive commercial operation, where the animals are housed or kept in feedlots or other building types all or most of the time, or
- irrigating feed for stock animals.
You will be notified of any changes to the conditions of your water supply work approval.
Changes are most likely to occur when the water sharing plan is remade (every 10 years) or amended.
All new conditions apply immediately, but only in relation to future activities. There is no impact on past activities as new conditions do not apply retrospectively.
Future activities include:
- bore construction, such as requirements for headworks to enable the control of water flow, requirements if contaminated water is encountered, and requirements to submit information using a “Form A”
- decommissioning bores which are no longer being used to ensure they are safe and contaminated water cannot enter the bore.