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About the emergency works exemption
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.
What is overland flow water?
Overland flow water includes:
- water from a burst water or sewer main
- water from damaged stormwater infrastructure
- surface water flows.
Overland flow water does not include:
- any flows within a watercourse, river, lake or estuary
- flood flows within a floodplain.
What is an emergency work?
It is a work carried out urgently, as a direct result of an emergency event, to remove groundwater or overland flow water for the purpose of reducing a significant risk to:
- public health or safety
- the environment, including groundwater systems
- infrastructure or the construction of infrastructure.
Emergency works are defined in more detail in the Water Management (General) Amendment (Emergency Works Exemption) Regulation 2025.
What does the exemption do?
It allows a public or private sector entity to carry out urgent dewatering in emergency situations without a water licence or approval. Dewatering refers to removing groundwater to manage or complete construction or excavation activities.
Emergency works are limited to doing only what is necessary to address the significant risk. The activity must clearly be an emergency work as defined in the Regulation and summarised above. It does not apply to any ongoing or secondary use of the water that is removed. Any further works done after the immediate risk has been addressed are not covered by this exemption and requires the relevant water access licences and approvals:
- a water access licence for the water removed
- a water supply works approval for the works used to remove the water
- a water use approval for the use of the water removed
- a controlled activity approval for works undertaken in the vicinity of a watercourse.
How to use this exemption
You do not need to apply for an emergency works exemption in advance of doing the work. Emergencies are unplanned events requiring an urgent response that do not allow for the usual approval process.
However, 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 exemption requirements in the frequently asked questions below.