The NSW Department of Climate Change, Energy, the Environment and Water ‘Domestic and stock rights review, what we heard’ report shows the results of a survey completed in 2023.
Following the release of the “tone-deaf” report, NSW Farmers called for “archaic, century-old water rules” to be overhauled.
The report found most water users rejected the need for more red tape, and there was an opportunity to update permitted uses under the basic landholder right.
NSW Farmers water taskforce chair Richard Bootle said the results of the review did not recognise that most farmers in the state today weren’t aware just how outdated the rules have become.
“One fundamental for growing any broadacre crop is being able to control pests and weeds, but the concept of spraying did not exist at the start of the last century — it is crucial that farmers be allowed to use their basic water right for this purpose and other key farm activities,” he said.
“NSW Farmers have been engaging with the state government on this issue for over two years, offering up clear solutions to this problem, and to now have no commitment to updating the rules is not good enough.”
An expansion of essential uses for stock and domestic water under basic landholder rights was essential to ensuring modern farms could continue to produce food and fibre for the future, Mr Bootle said, with NSW Farmers calling for new guidelines to outline a modernised set of water rules.
The report said responses did call for an expansion of legal uses, with five key uses listed:
- Decontamination of infrastructure.
- Fire control.
- Livestock health procedures.
- Maintaining on-farm environmental assets.
- Crop spraying.
NSW Irrigators Council is also urging the NSW Government to modernise water use under domestic and stock rights to allow for essential farming functions such as the above.
“Due to 25 years of government inaction, many farmers are in a situation where they have few practical options for performing vital tasks like spraying pest and fungus controls, cleaning farm equipment or administering medicine to livestock,” NSWIC chair Tom Green said.
“Irrigators in NSW already comply with some of the world’s most stringent metering and compliance standards, and NRAR consistently reports very high rates of compliance.
“NSWIC does not support further onerous regulations on domestic and stock, given the low risk it poses.
“NSWIC is eager to work closely with NSW DCCEEW to find workable solutions that ensure sustainable levels of water take continue and that farmers have ready access to water for fundamental biosecurity and stock use.”
A NSW DCCEEW spokesperson said they were also happy to collaborate further with farmers about water use.
“We are listening carefully to the views of all landholders, and we intend to have a more detailed discussion with them about the concerns held about water use under the Domestic and Stock Rights,” the spokesperson said.
“Since the survey we have made changes to enable landholders to access water to prepare for and fight fires to protect life and property without the need to hold a licence. It’s important to note this activity is not for a commercial benefit.
“To be clear, we cannot simply expand or change the definition of consumption or stock watering because these rights are set out in the legislation.”
They clarified that landholders in urban areas don’t have the same requirements, and can access water without reporting.
“Unlike most other forms of water taken, including domestic water supply in urban areas, landholders do not have to measure, report on, or pay for water taken under this right,” they said.
“This is because it is intended to support the basic needs of the landholder including everyday household purposes such as bathing, washing the clothes, drinking water and pet care, and for drinking water for stock animals that are not for commercial use.”
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