WA Land & Water Rules: What the State Actually Sets
WA has a distinctive water framework: extraction is only regulated where an area has been formally "proclaimed" by the Department of Water and Environmental Regulation (DWER) — outside a proclaimed area, there's often no licence requirement at all. This article covers what the state actually sets for dams, irrigation, and farm structures, before your specific council's planning scheme and R-Codes layer their own requirements on top.
WA's water framework differs from every eastern state's in one important way: whether you need a licence at all depends first on whether your area has been "proclaimed" for water management. Sheds work more like Victoria and Queensland's model — a narrow, specific exemption rather than NSW's generous rural allowance. Each is covered as its own section below.
Dams & water storage: it depends on whether your area is "proclaimed"
Under the Rights in Water and Irrigation Act 1914 (RIWI Act), administered by DWER, water extraction from surface water or non-artesian groundwater is only regulated in "proclaimed" areas — a legal process that brings a specific water resource under DWER's licensing system. Outside a proclaimed area, taking water can be unregulated. Where an area is proclaimed, taking water from a watercourse, wetland or underground source needs a 5C licence, and constructing, altering or deepening a well or bore needs a separate 26D licence. A water licence is also generally required to interfere with the beds and banks of a watercourse — including installing a dam or diversion structure — regardless of proclamation status in some circumstances, so checking with DWER before building is worth doing even if you think you're outside a proclaimed area.
A water allocation licence under section 5C of the RIWI Act may also be required specifically for the dam itself, separate from any licence to take water generally, and councils typically want to see DWER's position (licence, exemption, or confirmation an area isn't proclaimed) before assessing a development application for a rural dam.
Irrigation & water extraction: groundwater licence classes
For groundwater specifically, WA uses a distinctive three-class licensing system for bore drilling: Class 1 covers non-flowing, single-aquifer systems; Class 2 adds non-flowing, multiple-aquifer systems; Class 3 extends to flowing (artesian) aquifer systems. Most bores in a proclaimed groundwater area need a groundwater well licence (a "26D"), though some are exempt — checking with your regional DWER office is the only reliable way to confirm this for a specific bore. Taking the water itself for irrigation, once the bore is in, needs the separate 5C licence described above.
Farm sheds & structures: a narrow, specific exemption
WA's shed exemption is narrower than NSW's rural allowance, and closer in spirit to Victoria's and Queensland's models. Under the Building Regulations 2012 (Schedule 4, clause 2(1)), a freestanding Class 10a structure — a garden shed, deck, gazebo and similar — is exempt from a building permit if it's no more than 2.4m high, covers no more than 10m², and isn't located in cyclone wind region C or D. To also avoid needing planning approval, it generally needs to sit in a residential zone, behind the front setback, at least 900mm from any other building, with its floor no more than 500mm above natural ground level, meeting the R-Codes "deemed-to-comply" outbuilding standard. Sheds in non-residential zones, on heritage or bushfire-prone land, or exceeding these thresholds generally need planning approval from your local government in addition to the building permit.
An important disclaimer, worth taking seriously
The RIWI Act framework, the proclaimed-area system, the groundwater licence classes, and the Building Regulations 2012 shed thresholds are all verifiable, state-wide facts. But whether your specific property sits in a proclaimed water area, whether your bore is exempt, and how your council's planning scheme and R-Codes treat your specific shed all depend on your individual circumstances. Confirm directly with DWER and your council before building a dam, drilling a bore, or putting up a shed — our WA 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 WA?
It depends on whether your area is "proclaimed" for water management under the Rights in Water and Irrigation Act 1914. In a proclaimed area, taking water and interfering with a watercourse (including building a dam) generally needs a licence from DWER. Outside a proclaimed area, extraction can be unregulated, though checking with DWER first is still worthwhile.
What's the difference between a 5C and a 26D licence in WA?
A 5C licence authorises taking water from a watercourse, wetland or underground source. A 26D licence authorises constructing or altering a well or bore. You may need both if you're drilling a new bore and taking water from it.
What are WA's groundwater licence classes?
Class 1 covers non-flowing single-aquifer systems, Class 2 adds non-flowing multiple-aquifer systems, and Class 3 extends to flowing (artesian) aquifer systems - each class permits progressively more complex drilling operations.
What size shed can I build in WA without a building permit?
Under the Building Regulations 2012, a freestanding Class 10a structure up to 10 square metres and 2.4 metres high is exempt from a building permit, provided it's not in cyclone wind region C or D. Staying planning-approval-free too generally requires a residential zone, correct setbacks, and meeting R-Codes outbuilding standards.
Where do I check if my property is in a proclaimed water area in WA?
DWER publishes maps of proclaimed surface water and groundwater areas, available through their regional offices or the DWER website - this is the first thing to check before assuming a dam or bore needs (or doesn't need) a licence.