Generic selectors
Exact matches only
Search in title
Search in content
Post Type Selectors

Register of Foreign Ownership of Water

August 23, 2017

The Australia Government has introduced a new Foreign Ownership of Water Register.

Any foreign person (including a temporary resident or a foreign non-resident) must register their interest in the following with the Australian Taxation Office (ATO):

  • Registrable water entitlement; and
  • Contractual water right.

The interest must be registered before 30 November 2017 (stocktake period).

A foreign person is generally:

  • An individual who is not ordinarily resident in Australia;
  • A foreign government or foreign government investor;
  • A corporation, trustee of a trust or general partner of a limited partnership where an individual is not ordinarily resident in Australia, foreign corporation or foreign government holding a substantial interest of at least 20%;
  • A corporate trustee of a trust or general partnership of a limited partnership in which two or more persons hold an aggregate substantial interest of at least 40%.

A registrable water entitlement is:

  • An irrigation right;
  • A right to hold water from a water resource in Australia;
  • A right to take water from a water resource in Australia;
  • A contract with an Irrigation Infrastructure Operator allowing an irrigator to take water; and
  • includes a water licence, water access licence and water allocation.

A contractual water right is an agreement or deed that entitles a person to take the water from another person’s registrable water entitlement, and includes:

  • a lease;
  • a term transfer;
  • another form of water supply agreement;.

Contractual water rights need only be registered if the term (including any option) exceeds five years.

The following water rights are not required to be registered:

  • stock and domestic rights, and harvestable rights used for stock and domestic purposes
  • riparian rights
  • annual water allocations

From 1 December 2017, a foreign person must register their interest, within 30 days of the end of the final year in which the relevant event happened, if:

  • They acquire or dispose of a registrable water entitlement or contractual water right
  • They become a foreign person while holding a registrable water entitlement or contractual water right
  • They stop being a foreign person
  • The volume of their registrable water entitlement or contractual water right changes.

If you have any queries regarding the new register or require assistance to register, please contact Michael Cowley or Jo Thompson or visit https://www.ato.gov.au/General/Foreign-investment-in-Australia/Water-register/?=redirected

You might also like:

High Court Decision on Trust Capital Distribution Could Provide Opportunities for Asset Planning

The High Court recently considered whether a trustee can make a distribution of capital to beneficiaries from what’s known as an asset revaluation reserve.  The […]

July 15, 2016

Are we there yet? Children, separated families and long distance travel

As family lawyers in a rural community, we understand the unique challenges that separating families living in rural and remote Australia often face.  A scenario […]

December 13, 2021

New smoke alarm requirements for Qld property owners

Do you own a rental property in Queensland or intend on selling your property soon? Changes to the Queensland smoke alarm legislation mean that from […]

March 29, 2021

Subscribe to news

Stay up to date with the latest news from the Fox and Thomas team by subscribing to our newsletter by clicking the button below.

Subscribe Now

Team Specialists

The team at Fox and Thomas are trusted legal experts with many years of combined experience acting on a wide range of matters for clients including individuals, small business, family owned enterprises and national and international companies.

Learn more

Have Any Questions?

Contact Our Team