Dewatering exemptions

About dewatering exemptions

You do not need a licence or approval for dewatering activities in these circumstances:

• taking less than 3 megalitres per year
• coastal construction of infrastructure
• taking of groundwater or overland flow water for the purpose of carrying out emergency works.

These exemptions only apply to water access licences. Even if you are eligible for an exemption from a water access licence, you must still obtain any other relevant approvals, such as a water supply work approval.

Exemption: taking less than 3 ML

A dewatering exemption applies if you take 3ML or less of groundwater per year from any water source (3ML or less exemption). This exemption applies only to aquifer interference activities where water is not taken for consumption or supply. 

Examples include:

• temporary dewatering to allow safe and efficient excavation during building construction, but not used for irrigation or town water supply
• pumping tests to investigate the water sources production capability, aquifer properties and interference impacts for other water users
• remediation of groundwater contamination
• exploration for minerals, petroleum or coal.

If the temporary dewatering activities are not exempt, you need to apply for water supply work and/or water use approval and have a water access licence to account for the water extracted if the extraction is > 3 ML/year.

Find more information at: Licensing and approvals
 

Exemption: coastal construction of infrastructure

 A dewatering exemption applies to any volume of groundwater taken in connection with the construction (but not ongoing maintenance) of buildings and infrastructure in designated coastal areas.

The exemption applies only for water taken within specified coastal water sharing plan areas (generally to the east of the Great Dividing Range) and is valid until 30 June 2029.

To be eligible for the exemption, construction must occur within the coastal water sharing plan areas and meet all relevant conditions, including that all water taken is recorded and reported. All other licence requirements remain in place and unchanged.

View a map and find more information about the areas affected

• Water Sharing Plan for the Bega River Area Regulated, Unregulated and Alluvial Water Sources 2024
• Water Sharing Plan for the Bellinger River Unregulated and Alluvial Water Sources 2020
• Water Sharing Plan for the Brunswick Unregulated and Alluvial Water Sources 2016
• Water Sharing Plan for the Central Coast Unregulated and Alluvial Water Sources 2022
• Water Sharing Plan for the Clarence River Unregulated and Alluvial Water Sources 2016
• Water Sharing Plan for the Clyde River Unregulated and Alluvial Water Sources 2016
• Water Sharing Plan for the Coffs Harbour Area Unregulated and Alluvial Water Sources 2022
• Water Sharing Plan for the Deua River Unregulated and Alluvial Water Sources 2016
• Water Sharing Plan for the Greater Metropolitan Region Groundwater Sources 2023
• Water Sharing Plan for the Hastings Unregulated and Alluvial Water Sources 2019
• Water Sharing Plan for the Hunter Regulated River Water Source 2016
• Water Sharing Plan for the Hunter Unregulated and Alluvial Water Sources 2022
• Water Sharing Plan for the Lower North Coast Unregulated and Alluvial Water Sources 2022
• Water Sharing Plan for the Macleay Unregulated and Alluvial Water Sources 2016
• Water Sharing Plan for the Nambucca Unregulated and Alluvial Water Sources 2016
• Water Sharing Plan for the North Coast Coastal Sands Groundwater Sources 2016
• Water Sharing Plan for the North Coast Fractured and Porous Rock Groundwater Sources 2016
• Water Sharing Plan for the Paterson Regulated River Water Source 2019
• Water Sharing Plan for the Richmond River Area Unregulated, Regulated and Alluvial Water Sources 2023
• Water Sharing Plan for the Snowy Genoa Unregulated and Alluvial Water Sources 2016
• Water Sharing Plan for the South Coast Groundwater Sources 2016
• Water Sharing Plan for the Towamba River Unregulated and Alluvial Water Sources 2023
• Water Sharing Plan for the Tuross River Unregulated and Alluvial Water Sources 2016
• Water Sharing Plan for the Tweed River Area Unregulated and Alluvial Water Sources 2023

Exemption: emergency works

The emergency works exemption applies to works carried out urgently to remove groundwater or overland flow water to reduce a significant risk in the event of an emergency. For example, it would apply to the removal of water from an excavation that had to be dug to fix a burst water supply pipe or sewer pipe. It does not apply to natural disaster response and recovery activities such as repairing flood damage.

Find more information at: Emergency exemptions
 

How to use this exemption 

You do not need to apply for an exemption for these dewatering activities, but you must record and report your water take.

Taking 3ML or less and construction dewatering

If you are eligible for either of these exemptions and the department is the agency that manages your water licence, you are required to record and report your water take within 28 days of the water year finishing (by 28 July).

You must:

1. Download and complete the Record of groundwater take under exemption (PDF, 275.59 KB) form
2. Send the completed form to nrar.enquiries@nrar.nsw.gov.au or mail to:

Natural Resources Access Regulator
Locked Bag 5022
Parramatta NSW 2124

Emergency works 

You must record certain information before starting the emergency works and after the emergency works are completed. These records must be kept for 5 years. 

Find more information about the recording and reporting requirements in the Frequently Asked Questions at: Emergency works exemption