Water licence instruments [PDF, 215 KB]

In the Lower Limestone Coast Water Allocation Plan water licence holders have a water licence as one ‘bundled’ instrument that includes:

• A right to take water from the resource.
• Management area that water can be taken from.
• Relevant purposes of use or components.
• The wells and land on which water may be taken and used from.
• Any licence conditions.
• The allocation (annual volume of water).

Under the revised Plan a water licence will become two instruments.

Note: a water licence is distinct from a forest water licence. This only applies to water licences. Forest water licences are addressed in this proposal following water licences.

Under the revised Plan, a water licence will be:

1. A water access entitlement (an ongoing share of the resource):
   • The consumptive pool the licence applies to.
   • Management zone that water can be taken from.
   • The class of water access entitlement.
   • The wells and land on which water may be taken and used from.
   • Any licence conditions.
2. A water allocation. This will be separate to the water access entitlement and will be an annual volume of water.

Transfer of water access entitlements and allocations

A water access entitlement and water allocation are considered assets that can be sold or transferred. A water access entitlement can be transferred permanently or for a limited period. Where a water allocation is attached to a water access entitlement it is also transferred. A water allocation, on its own, can only be transferred for a 12-month period.

Certain classes of water access entitlements (see classes proposal for further information) and their water allocation can also transfer with a forest water licence.

Forest water licences

Forest water licences in the Plan are consistent with the legislation.

A forest water licence includes:

• A right to take water from the resource.
• Management area that water can be taken from.
• Land parcels to which the licence relates.
• Any licence conditions.
• The allocation.

Under the revised Plan this remains the same.

Transfer of a forest water licence or allocation

A forest water licence or allocation can be transferred with a water licence holder permanently.

Feedback

You may provide any feedback you wish on the proposal, but the following questions may be useful in guiding your response. You can provide feedback via email to llcwap@sa.gov.au.

1. How well do you understand the proposed change to a water licence being comprised of a water access entitlement and a water allocation as separate instruments (from bundled water licence to partially unbundled)?
2. Does this change feel mostly administrative, or does it affect how you think about water rights?
3. Do you understand a forest water licence is considered a different instrument and is only comprised of a water allocation?
4. Does separating these instruments increase or reduce flexibility?

Consumptive pools [PDF, 284 KB]

The Lower Limestone Coast Water Allocation Plan has become inconsistent with relevant legislation. A focus area for the amendment process is to produce a revised Lower Limestone Coast Water Allocation Plan (the revised Plan) in alignment with the Landscape South Australia Act 2019 (the Act).

The Act requires that a water allocation plan sets out one or more consumptive pools. Section 53 (1)(c) of the Act states – A water allocation plan: must determine, or provide a mechanism for determining, from time to time, a consumptive pool, or consumptive pools, for the water resource.

Consumptive pools will be defined in the revised Plan to support sustainable water management and use and create alignment with the Act. A consumptive pool is the water that constitutes the resource available for consumptive uses within a prescribed water resource area. Consumptive uses, in terms of how the Act defines consumptive pools, only includes licensed uses that have a water access entitlement.

Examples of consumptive uses (in a consumptive pool) include:

• irrigation
• public water supply.

For the purposes of the revised Plan, a consumptive pool does not include:

• forest water licences
• unlicenced uses such as stock and domestic or farm forestry
• the water required to maintain the condition of the water resource or the ecosystems that depend on it.

Although not in a consumptive pool these uses are still addressed in the revised Plan. Where relevant the revised Plan will apply conditions to these uses.

The unconfined and confined aquifer will have management zones in the revised Plan (currently management areas in the Plan). Consumptive pools do not replace management zones. Management zones will allow principles and settings to occur at a different spatial scale to consumptive pools.

Consumptive pools proposed for the revised Plan

Unconfined aquifer:

• Introduce two consumptive pools:
  • Lower Limestone Coast Unconfined Aquifer Consumptive Pool
  • Lower Limestone Coast Managed Aquifer Recharge Consumptive Pool
• Forest water licences have access to the unconfined aquifer but are outside of the consumptive pools, in alignment with the Act.
• Account for unlicensed use (e.g. stock and domestic and farm forestry) in the water balance.
• Recognise that certain purposes such as road-making, fire-fighting, water for the purpose of the application of chemicals (e.g. spraying crops or pest control) and water for Native Title purposes have a statewide authorisation to take water without the need for a licence or being accounted for.

Note: Proportions are based on current allocations and maybe subject to change in the amendment process. The Lower Limestone Coast Managed Aquifer Recharge Consumptive Pool will start with no allocation but is included for completeness.

Key points:

• All water licences (distinct from forest water licences) will sit within the Lower Limestone Coast Unconfined Aquifer Consumptive Pool.
  • Each water access entitlement on a water licence will refer to the consumptive pool that it relates to.
• Transfers will be possible between forest water licences and the Lower Limestone Coast Unconfined Aquifer Consumptive Pool. Water may not be transferred to or from unlicensed water uses (farm forestry, stock and domestic).
• The volume of water for forest water licences and the Lower Limestone Coast Unconfined Aquifer Consumptive Pool can vary through time due to transfers, reductions (to water access entitlements or forest water licences) or restrictions to allocations.
• The Lower Limestone Coast Managed Aquifer Recharge Consumptive Pool will start with no allocation. The volume of water will change through time as water is added and taken through managed aquifer recharge schemes.

Confined aquifer:

• Introduce one consumptive pool:
  • Lower Limestone Coast Confined Aquifer Consumptive Pool
• Account for unlicenced use (e.g. stock and domestic) in the water balance.
• Recognise that certain purposes such as road-making, fire-fighting, water for the purpose of the application of chemicals (e.g. spraying crops or pest control) and water for Native Title purposes have a statewide authorisation to take water without the need for a licence or being accounted for.

Note: Proportions are based on current allocations and maybe subject to change in the amendment process.

Key points:

• All confined aquifer water licences will sit within the Lower Limestone Coast Confined Aquifer Consumptive Pool.
  • Each water access entitlement on a water licence will refer to the consumptive pool that it relates to.
• Forest water licences do not access the confined aquifer.
• The volume of water in the Lower Limestone Coast Confined Aquifer Consumptive Pool can vary through time due to reductions (to water access entitlements) or restrictions to allocations.

Feedback

You may provide any feedback you wish on the proposal, but the following questions may be useful in guiding your response. Feedback can be provided via email to llcwap@sa.gov.au.

1. How well do you understand the idea of a consumptive pool in this proposal?
2. What concerns, if any, do you have about the proposed consumptive pools?
3. How important is trading between the Lower Limestone Coast Unconfined Aquifer Consumptive Pool and forest water licences?
4. Do you support the current proposal? If not, what would you change and why?

Purpose of the consumptive pool:

The Lower Limestone Coast Confined Aquifer Consumptive Pool would apply to the confined aquifer for the whole of the Lower Limestone Coast Prescribed Wells Area. It would constitute the water resource available to water licence holders in the confined aquifer. Unlicensed uses from the confined aquifer, such as stock and domestic water use, would be included in the Lower Limestone Coast Stock and Domestic Consumptive Pool.

How will the consumptive pool be defined?

The Lower Limestone Coast Confined Aquifer Consumptive Pool would be defined by a maximum number of water access entitlement shares.

A water access entitlement is the entitlement of a water licence holder to gain access to a share of water available in the consumptive pool to which the licence relates. A water access entitlement is expressed as a number of unit shares e.g. one entitlement unit share is equal to one kilolitre (kL).

A water access entitlement will be assigned a class and a management zone.

Within the consumptive pool there will be a maximum number of water access entitlement shares specified for each management zone and for each class in the management zone.

Who can access water in this consumptive pool?

Anyone who currently has a water licence for the confined aquifer. Also, anyone who subsequently purchases a water licence for the confined aquifer.

No new entitlement shares will be available.

Trade within the consumptive pool:

Trade could occur, temporarily or permanently, between management zones where the receiving management zone has capacity to receive the water. Trade would need to be within the trade rules for classes of water access entitlements.

Trade with other consumptive pools:

Trade would be possible from this consumptive pool to the Lower Limestone Coast First Nations Consumptive Pool or to the Lower Limestone Coast Supplementary Environmental Water Consumptive Pool.

Trade would not be possible into this consumptive pool from any other consumptive Pool.

Principles it will be subject to:

A water licence could be subject to reductions.

An adaptive management framework may apply to the Lower Limestone Coast Confined Aquifer Consumptive Pool. A water licence could be subject to restrictions to allocations, depending on the class of water access entitlement and the status of the management zone.

Purpose of the consumptive pool:

The proposed Lower Limestone Coast Unconfined Aquifer Consumptive Pool applies to the unconfined aquifer for the whole of the Lower Limestone Coast Prescribed Wells Area. It constitutes the water resource available to water licence holders (extractive uses), forest water licence holders and an allowance for farm forestry (unlicensed, currently defined on pg. 50 of the Lower Limestone Coast Water Allocation Plan 2013, but may be subject to change in the amendment process). Other unlicensed uses from the unconfined aquifer, such as stock and domestic use, are accounted for in the Lower Limestone Coast Stock and Domestic Consumptive Pool.

How will the consumptive pool be defined?

The Lower Limestone Coast Unconfined Aquifer Consumptive Pool will be defined by a maximum volume of water rather than a maximum number of water access entitlement shares. This is different from the Lower Limestone Coast Confined Aquifer Consumptive Pool as under current legislation a forest water licence does not provide the holder with a water access entitlement. A forest water licence instead provides a volumetric allocation attached to the licence.

The proposed inclusion of both water (taking) and forest water licences in the same consumptive pool is to allow for trade throughout the water use year between the two types of licences. The mechanism and supporting administration for such trades is yet to be confirmed.

A water access entitlement is the entitlement of a water licence holder to gain access to a share of water available in the consumptive pool to which the licence relates. A water access entitlement is expressed as a number of unit shares e.g. one entitlement unit share is equal to one kilolitre (kL).

A water access entitlement will be assigned a class and a management zone.

Within the consumptive pool there will be a maximum volume set for each management zone. A maximum number of Class 1 and Class 2 water access entitlement shares will also be set for each management zone.

The maximum volume for Class 3 licences (water (taking) and forest water licences) is determined as the maximum volume of the consumptive pool, less the volume allowed for unlicensed farm forestry and less the Class 1 and Class 2 annual allocation.

Who can access water in this consumptive pool?

Anyone who currently has a water licence or forest water licence for the unconfined aquifer. Also, anyone who subsequently purchases a water licence or forest water licence for the unconfined aquifer. Anyone who undertakes farm forestry in accordance with the rules of the Plan.

It will not be possible to increase the maximum volume for the consumptive pool.

Trade within the consumptive pool:

Trade could occur, temporarily or permanently, between management zones where the receiving management zone has capacity to receive the water. Trade would need to be within the trade rules for classes of water access entitlements.

Trade with the other consumptive pools:

Trade would be possible from this consumptive pool to the Lower Limestone Coast Supplementary Environmental Water Consumptive Pool or to the Lower Limestone Coast First Nations Consumptive Pool.

Trade would not be possible into this consumptive pool.

Principles it will be subject to:

A water licence could be subject to reductions.

An adaptive management framework may apply to the Lower Limestone Coast Unconfined Aquifer Consumptive Pool. A water licence could be subject to restriction to allocations, depending on the class of water access entitlement and the status of the management zone.

Purpose of the consumptive pool:

The proposed Lower Limestone Coast Stock and Domestic Consumptive Pool is a social and cultural consumptive pool that provides for unlicensed consumptive uses.

These may include:

• domestic purposes
• stock watering, excluding intensive animal keeping
• authorisations under section 105 of the Landscape South Australia Act 2019. Examples include:
  • Native Title purposes / traditional cultural purposes
  • road making
  • fire fighting.

How will the consumptive pool be defined?

Setting a volume allowance for the whole of the Lower Limestone Coast Prescribed Wells Area and management zones for both the confined and unconfined aquifers provides visible accounting for current unlicensed water use and expected increases in those uses for the foreseeable future.

Who can access water in this consumptive pool?

Under the Landscape South Australia Act 2019, Division 1 there are general rights in relation to water. These apply to the Lower Limestone Coast Stock and Domestic Consumptive Pool as water in this consumptive pool is not licensed.

Trade within the consumptive pool:

The proposed stock and domestic consumptive pool does not include any licensed water use and water may not be traded.

Trade with the other consumptive pools:

The proposed stock and domestic consumptive pool does not include any licensed water use and water may not be traded.

Principles it will be subject to:

Unlicensed uses will not be subject to reductions.

An adaptive management framework will not apply to unlicensed uses. Unlicensed uses will not be subject to restrictions to allocations.

Purpose of the consumptive pool:

A Lower Limestone Coast Supplementary Environmental Water Consumptive Pool is proposed to provide water for environmental purposes additional to that required to maintain the resource and dependent ecosystems (which is met through sustainable allocation and adaptive management).

The Lower Limestone Coast Supplementary Environmental Water Consumptive Pool applies to both the confined and the unconfined aquifers for the whole of the Lower Limestone Coast Prescribed Wells Area.

The water is only to be used for environmental purposes and not as a trade-off for unsustainable use. Example uses are:

• Augment winter/spring flows in creeks or into wetlands, to promote an environmental outcome (e.g. seedling recruitment, fish migration, bird breeding).
• Pumping groundwater into creek or connected wetlands to provide refuge for obligate aquatic species when under stress.
• Provide connectivity between wetlands/creeks/watercourses.
• Pumping groundwater into a wetland to maintain critical hydrological condition.
• How will the consumptive pool be defined?

All water in the consumptive pool will be licensed. A water licence gives rise to an entitlement to gain access to a share of the water, expressed as a number of unit shares e.g. one entitlement unit share is equal to one kilolitre (kL).

There is no maximum limit on the number of water access entitlement shares or volume of water in the Lower Limestone Coast Supplementary Environmental Water Consumptive Pool.

It is yet to be determined if the water access entitlements will be designated a class or a management zone, or subject to reductions or to restrictions under adaptive management.

Who can access water in this consumptive pool?

The Lower Limestone Coast Supplementary Environmental Water Consumptive Pool will be managed by the Supplementary Environmental Water Holder in accordance with agreed terms of reference and operating procedures. The LC Landscape Board will act as the Supplementary Environmental Water Holder or delegate the responsibilities to an independent committee or organisation. The Supplementary Environmental Water Holder may receive applications and/or advice regarding the use of water in the consumptive pool.

Water for the consumptive pool may be sourced via donations, lease or purchasing. Water will not be sourced via reductions or restrictions to other licensed water user. Outside of this the initial entitlements and allocation would be zero.

Trade within the consumptive pool:

Trade will depend on whether the water access entitlement is designated a class or management zone.

Trade with the other consumptive pools:

Trade would be possible into this consumptive pool from the Lower Limestone Coast Unconfined Aquifer Consumptive Pool and the Lower Limestone Coast Confined Aquifer Consumptive Pool.

Trade would not be possible from this consumptive pool into any other consumptive pool.

Principles it will be subject to:

Principles will depend on whether it is determined that the licences are to be subject to reductions or restrictions to allocations.

Purpose of the consumptive pool:

The purpose of the Lower Limestone Coast First Nations Consumptive Pool is to increase the involvement and influence of First Nations peoples in water management, including accessing, owning and managing water. This has been recognised at both Federal and State Government level as an area of focus. Identifying a separate consumptive pool for First Nations acknowledges that responsibility and provides visibility around First Nations water access interests.

First Nations peoples are being consulted on this proposal and may advise of alternative means of representing their interests. However, a First Nations consumptive pool provides a positive basis from which to commence consultations.

How will the consumptive pool be defined?

All water in the consumptive pool will be licensed. A water licence gives rise to an entitlement to gain access to a share of the water, expressed as a number of unit shares e.g. one entitlement unit share is equal to one kilolitre (kL).

There is no maximum limit on the number of water access entitlement shares or volume of water in the Lower Limestone Coast First Nations Consumptive Pool.

It is yet to be determined if the water access entitlements will be designated a class. Water access entitlements will be designated a management zone and may be subject to restrictions under adaptive management.

Who can access water in this consumptive pool?

Lower Limestone Coast First Nations Consumptive Pool will be managed by the First Nations Water Holder in accordance with agreed terms of reference and operating procedures.

Water for the consumptive pool may be sourced via donations, lease or purchasing. Water will not be sourced via reductions or restrictions to other licensed water user. Outside of this the initial entitlements and allocation would be zero.

Trade within the consumptive pool:

Permanent trade will not be possible. Temporary trade or leasing may be able to occur between management zones where the receiving management zone has water available to receive the water. Trade would need to be within the trade rules for classes of water access entitlements.

Trade with the other consumptive pools:

Permanent trade into the consumptive pool will be possible from the Lower Limestone Coast Unconfined Aquifer Consumptive Pool and Lower Limestone Coast Confined Aquifer Consumptive Pool.

Whether trade will be possible out of the consumptive pool is yet to be confirmed but may be supported.

Principles it will be subject to:

An adaptive management framework may apply to the Lower Limestone Coast First Nations Consumptive Pool.

A water licence in the Lower Limestone Coast First Nations Consumptive Pool will not be subject to reductions. It could be subject to restrictions to allocations.

Purpose of the consumptive pool:

A managed aquifer recharge consumptive pool is proposed to provide for the licensed take and use of water that has been artificially pumped directly into the aquifer for later metered extraction. It does not include water that would otherwise naturally recharge the aquifer and must comply with the Environment Protection Act 1993 and any authorisations or permits required by the Landscape South Australia Act 2019 or the Limestone Coast Landscape Board’s Water Affecting Activity Control Policy.

The managed aquifer recharge consumptive pool applies to the unconfined aquifer across the whole of the Lower Limestone Coast Prescribed Wells Area.

How will the consumptive pool be defined?

Water licence holders undertaking managed aquifer recharge will be issued a recharge water access entitlement that will be calculated as an available balance, reflecting the proportion of water able to be taken based on the volume drained or discharged into the aquifer.

The proportion of water able to be recovered, where it can be taken from and over what period it may be taken, is yet to be determined. Considerations would include source water, losses during the process, distance between recovery and discharge bores and potential impacts on the resource, dependent ecosystems and other users.

Who can access water in this consumptive pool?

Anyone who obtains a recharge water access entitlement from undertaking a permit process.

Trade within the consumptive pool:

Recharge water licences, water access entitlement shares and allocations may not be traded.

Trade with the other consumptive pools:

Recharge water licences, water access entitlement shares and allocations may not be traded.

Principles it will be subject to:

Principles will depend on whether it is determined that the licences are to be subject to reductions or restrictions to allocations.