SA Land & Water Rules: What the State Actually Sets
South Australia has the most explicit framing of any state on this site: under the Landscape South Australia Act 2019, nobody owns water in SA, and older riparian rights based on land ownership have been legally extinguished. This article covers what the state actually sets for dams, irrigation, and farm structures, before your specific council's Planning and Design Code requirements layer on top.
SA shares its single state-wide Planning and Design Code with the livestock side of this site's SA coverage — the same statewide zoning consistency applies to dams, irrigation and sheds. Water itself is handled through a distinct framework, the Landscape South Australia Act 2019, with its own "prescribed" area system similar in spirit to WA's proclaimed areas but built on more explicit legal footing.
Dams & water storage: prescribed areas and a live building moratorium
Under the Landscape South Australia Act 2019, all water taken and used from surface water and groundwater in SA is regulated, but the practical requirement depends on whether the specific resource has been "prescribed" — declared under a Water Allocation Plan (WAP) because of high demand. In prescribed areas, a water licence or permit is generally required to take or use water, or to construct, modify or remove a dam. Stock and domestic rights remain exempt from licensing in most situations even within a prescribed area, similar to the pattern in other states.
Where dam-specific thresholds apply (as in the Murraylands and Riverland region, for example), a dam smaller than 5 megalitres with a wall under 3m typically needs a water affecting activity (WAA) permit through the local Landscape Board; a dam larger than 5ML or with a wall 3m or higher needs full development approval through the council instead, who refer it to the Landscape Board. Worth knowing if you're in the Adelaide Hills specifically: most applications for new or enlarged dams in the Mount Lofty Ranges are currently not being approved, due to the existing density of dams and pressure on water-dependent ecosystems in that catchment.
Irrigation & water extraction: licensed in prescribed areas
Taking water for irrigation in a prescribed water resources area needs a water licence issued by the Department for Environment and Water (DEW), which specifies a defined volume that can be taken from a source such as a river, bore or dam. A separate water affecting activity permit may be needed for the physical works themselves — construction relating to a watercourse, such as culverts, crossings or vegetation removal — regardless of the water licence position. Property buyers relying on an existing water access entitlement should confirm it transfers properly with the land through SA's Water Register, since entitlements in prescribed areas are tradeable and tied to specific conditions.
Farm sheds & structures: Accepted Development, not full exemption
SA's planning system uses different terminology from the eastern states: rather than a blanket "exempt development," most small sheds fall under Accepted Development — meaning no planning consent is needed, but Building Consent still is, assessed by council or a private building certifier. A non-habitable shed is commonly treated this way if its floor area is under 15m², its overall height is under 2.5m, and no span exceeds 3m. It can be built right on the boundary in most cases, except where that boundary adjoins a secondary street, where a minimum 900mm setback applies. Genuine farm buildings — hay sheds, machinery sheds, shearing sheds, silos, and similar structures ancillary to an agricultural use — can qualify for more generous exempt development provisions in rural areas, though specifics vary by local government area under Schedules 2 and 4 of the relevant state planning policy.
An important disclaimer, worth taking seriously
The Landscape South Australia Act framework, the prescribed-area licensing system, and the Accepted Development shed thresholds are all verifiable, state-wide facts. But whether your specific water resource is prescribed, whether the Mount Lofty Ranges dam moratorium affects your property, and exactly how your council assesses your specific shed all depend on your individual circumstances. Confirm directly with DEW (or your local Landscape Board) and your council before building a dam, applying for a water licence, or putting up a shed — our SA land & water rules by council tool covers a growing number of them directly.
Frequently Asked Questions
Do I need a water licence to build a dam in SA?
It depends on whether your water resource has been "prescribed" under a Water Allocation Plan. In prescribed areas, a water licence or permit is generally required to construct, modify or remove a dam, though stock and domestic use remains exempt in most cases. Outside prescribed areas, requirements are more limited.
Is it true South Australia has a ban on new dams somewhere?
Yes, currently in the Mount Lofty Ranges - most applications for new or enlarged dams in that catchment are not being approved, due to the high number of existing dams and pressure on water-dependent ecosystems.
What size dam needs council development approval rather than a Landscape Board permit in SA?
In regions like Murraylands and Riverland, a dam smaller than 5 megalitres with a wall under 3 metres generally needs a water affecting activity permit through the Landscape Board; a larger or taller dam needs full development approval through council instead.
What size shed can I build in SA without planning consent?
Under Accepted Development provisions, a non-habitable shed under 15 square metres, 2.5 metres high, with no span over 3 metres commonly needs Building Consent only, not planning consent, and can often sit on the boundary except near a secondary street.
Does anyone own the water on their own land in South Australia?
No. The Landscape South Australia Act 2019 explicitly extinguished older riparian and common law water rights based on land ownership - all rights to take and use water are now defined by the Act itself, not by owning the land the water sits on or crosses.