All foreign persons (including foreign government investors) are required by 30 November 2017 to register their Australian registrable water entitlements and contractual water rights (water entitlements) on the new Water Register regardless of value and the industry sector the water entitlement is used for.
From 1 December 2017 all foreign persons must then update their information on the Water Register no later than 30 July each year.
Why has the Water Register been introduced?
The Water Register is part of the Australian Commonwealth Government’s measures to provide a transparent picture of foreign investment in Australian water entitlements and give the Australian community greater confidence in the foreign investment regime.
What types of water entitlements need to be registered?
Registrable water entitlements and contractual water rights need to be registered on the Water Register.
A registerable water entitlement is:
- an irrigation right which a person has against an irrigation infrastructure operator to receive water, but excludes a water access right or a water delivery right
- a right conferred by or under a law of an Australian State or Territory to hold water from a water resource, to take water from a water resource or do both.
A contractual water right is a contractual right that a person holds in respect of another person’s registerable water entitlement.
Stock and domestic rights, riparian rights and annual water allocations therefore do not need to be registered on the Water Register.
How are water entitlements registered?
Registration of water entitlements are made online. There is no charge to register.