Water Management Act 2000 No 92
Current version for 1 March 2013 to date (accessed 22 May 2013 at 23:30)
392 State’s water rights
(1) For the purposes of this Act, the rights to the control, use and
flow of:(a) all water in rivers, lakes and aquifers, and
(b) all water conserved by any works that are under the control or
management of the Minister, and
(c) all water occurring naturally on or below the surface of the
ground,
are the State’s water
rights.
(2) The State’s water rights are vested in the Crown, except to
the extent to which they are divested from the Crown by or under this or any
other Act.
(3) The State’s water rights prevail over any authority
conferred by or under any other Act or law, except to the extent to which this
or any other Act expressly so provides.
(4) The State’s water rights are not to be exercised in
contravention of:(a) the powers conferred by section 15 of the Fire Brigades Act 1989 and section
26 of the Rural Fires Act
1997 on an officer in charge at a fire or hazardous material
incident, or
(b) the rights and obligations of the Snowy Hydro Company under a
Snowy water licence within the meaning of the Snowy Hydro Corporatisation Act
1997, or
(c) the rights conferred by the Rural Lands Protection Act 1989
with respect to the watering of stock at stock watering places within the
meaning of that Act.