Overlapping federal and state regulations mean landholders in Queensland face significant legal and policy dilemmas over water usage on their properties, according to leading legal firm Creevey Horrell Lawyers.
Principal Dan Creevey said water security can make or break a farm because both state and federal regulations are complex and ever-changing.
“Farmers must navigate a web of licenses, plans, and federal schemes to access and use water, while the Queensland Water ACT (2000) governs every rural landholder’s relationship with water on their property,” he said.
“The Water Act impacts landholders, focusing on the Murray-Darling Basin plan, government buybacks, and the turbulent issue of overland flow.
“Despite these challenges, landholders do have rights and avenues to advocate for their interests, including making submissions on water plans, appealing licensing decisions, and seeking advice from legal professionals.”
Mr Creevey said under Queensland law, landowners do not automatically own the water on or under their land – the state does.
“Practically, this means you need a licence or allocation for most uses of water, whether pumping from a creek or capturing runoff,” he said.
“The Water Act 2000 requires anyone who wants to take or interfere with water in Queensland to obtain a licence, unless an exemption in a water plan applies.
“There are small exceptions such as reasonable domestic and stock watering from a watercourse without a licence, but any significant irrigation or dam construction will trigger the licensing regime. These licences and allocations define how much water you can take, from where, and for what purpose.”
Mr Creevey said another complex and conflict-ridden aspect of the Water Act is its treatment of overland flow – the water that runs across the land after rain or during floods.
“Many landowners have historically built dams or levee banks to capture this precious floodwater,” he said.
“However, Queensland law now tightly regulates such practices.
“Overland flow is treated just like river water in that you generally need authorisation to intercept it.
“Each regional water plan can impose limits on overland flow harvesting.
“This has become a legal battleground on the floodplains.
“Landholders upstream who capture big flows can inadvertently deprive downstream neighbours of water – a recipe for conflict.”
Mr Creevey said landowners should stay informed, exercise their voice, document their water use, seek expert advice, and build alliances.
“Armed with knowledge and a commitment to advocacy, you can help shape a water management system that respects both the environment and rural livelihoods,” he said.
