Water Act Amendments
Overview
The Department of Lands, Planning and Environment is committed to reducing its approval timeframes, delivering efficient and effective regulation and supporting economic development to benefit all Territorians
Amendments to the Water Act 1992 have been identified to:
- reduce duplication
- streamline decision making
- modernise provisions
To read more about this visit the Departments information regarding changes to water legislation.
Water Amendment (Aboriginal Water Reserves) Bill 2025
Introduced on 27 March 2025 and commencing May 2025
The amendments will provide simpler and streamlined approval processes so that water can be used for Aboriginal economic development. These amendments will empower eligible Aboriginal landowners to have a more active role in decision-making on water activation for the economic benefit of Aboriginal people and the Territory.
The changes include:
- clarifying the relationship between eligible Aboriginal land and the water resource being managed under a water allocation plan
- clarifying and streamlining consultation requirements
- removing the need for prescriptive consent regulations
- enabling the Controller of Water Resources to grant a water extraction licence if he or she are satisfied that the applicant:
- is an eligible Aboriginal person or
- has an agreement with the eligible Aboriginal people.
This eligibility requirement has not changed since 2017.
These changes remove the NT Government’s role in prescribing a consent process. This allows eligible Aboriginal people to determine how and who gives consent for a person to apply for a water licence from the reserve.
To read more about this visit the Northern Territory Government Northern Territory Legislation page. For more information about Aboriginal Water Reserves visit Aboriginal water reserves | NT.GOV.AU
Third Party merits review
Introduced on 12 February 2025 and commencing 8 April 2025
The amendments remove provisions for third parties to seek a merits review of a broad range of decisions to provide consistency in the application of merits review across NT legislation and provide greater certainty for proponents and investors doing business in the Territory.
Decisions include:
- permits (interfere with a waterway; bore work)
- licences to take water (groundwater, surface water, recharge)
- a waste discharge licence.
Third parties are those who are not directly affected by the decision such as the permit, licence or approval holder.
Third parties will still have the right to seek a judicial review of a decision through the NT Supreme Court.
To read more about this read the Departments fact sheet at Fact sheet: Petroleum, Planning and Water Legislation Amendment Bill 2025
Lands, Planning and Environment Omnibus Bill 2025 – Water Act
Proposed for introduction in May 2025 and commencing in July 2025
The amendments will promote efficiencies and streamline approval and decision-making processes and provide industry with more certainty on water take.
The changes include:
- Removing the requirement to advertise notices of intention and notices of decision in the newspaper
- Streamline amending a licence for administrative changes that do not impact water resource management
- Process to renew a licence in the Water Act to provide certainty to industry on the right to take water beyond the term of the licence
- Allowing licensed trade of water without the requirement of a Water Allocation Plan (accessing the same resource)
Exemption from the Water Act – Dewatering
Proposed for gazettal in May 2025
The exemption will allow dewatering without the requirement of a water extraction licence where environmental impacts are managed under the Environment Protection Act 2019.
This will streamline approvals by reducing the need to seek multiple approvals.