New guideline released on spring exemptions

  • New guideline provides information for landowners and occupiers of land to determine whether a spring exemption applies under legislation
  • Guideline informed by public consultation held over a five-month period in late 2021 and early 2022

A new guideline to provide clarity on spring exemptions has been released, along with a field guide to assist landowners.

The new guideline will help landowners and occupiers of land to understand requirements under existing legislation to determine if they are eligible for a spring exemption.

The information will guide landowners and occupiers of land on the requirements for determining whether a spring rising on a property is exempt from regulation under section 5(1)(a) of the Rights in Water and Irrigation Act (RIWI) 1914.

During the development of the guideline, extensive community engagement was conducted and this feedback along with field testing shaped the final guideline.

The guideline and field guide provide explanations, diagrams and a step-by-step process for landholders. This will help guide self-assessment of the sometimes-complex hydrological considerations to determine whether a spring exemption may apply.

It includes information on how to identify and measure the flow from a spring and how this can be used to inform dam construction that is exempt from regulation under the spring exemption.

For more information and to view the guideline and field guide, please visit

https://www.wa.gov.au/service/natural-resources/water-resources/water-resources

As stated by Water Minister Simone McGurk:

"The guideline and field guide will provide guidance to landowners and occupiers of land so they can assess whether a spring exemption applies on their property under existing legislation.

"We encourage those who are considering utilising spring water on their properties to use the guideline and field guide to determine their eligibility for a spring exemption.

"We thank all those who provided feedback during the public consultation process, for their contribution in developing this guideline."

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