Do you own the water that occurs on your roof when it rains?

Does Government have the right to regulate your use of water from your roof?

First of all, let’s get plumbing and building regulations out of the way.

No question that the law requires you to plumb your rainwater tank in compliance with the plumbing regulations; and you must install your rainwater tank in compliance with building and town planning regulations.

However, the Queensland and South Australian Governments have taken Government regulation one step further. These Governments now require you to install a rainwater tank and to use the water for purposes nominated by the Government if you want permission to build a house. If you do not collect and use rainwater as stipulated, you are not permitted to build a house.

There is no question that the Government can refuse you permission to build your house if you cannot demonstrate that the house will have an adequate water supply. But does that give Government the legal right to regulate where and how you use the water that occurs on your own roof?

So, who does own the water?

Queensland is the only State to confirm that the Government does not own water collected from roofs for rainwater tanks. All other States (except Victoria, which has not indicated a position) propose that water flowing off a roof is the same thing as water flowing over land which is surface water. Surface water is owned by the State. Therefore, the Governments infer that the State owns water collected from roofs for rainwater tanks. This is how the State Governments replied:

“Based on the definition of water in the Water Act 2000, water collected in rainwater tanks does not fall within the ownership of the State under Section 19 of the Water Act 2000” - Hon Henry Palaszczuk, 26 October, 2005. Section 19 is “All rights to the use, flow and control of all water in Queensland are vested in the State”. The meaning of “overland flow water” “does not include water collected from roofs for rainwater tanks”

“Section 124 of the Natural Resources Management Act 2004SouthAustralia sets our rights and responsibilities in relation to the taking of water. This includes surface water which is defined by the NRM Act to include water flowing over land (except in a water course) after having fallen as rain of hale or having precipitated in any other manner and land is defined as including any buildings or structures attached to the land. Therefore, any rain that becomes runoff from roofs is surface water for the purposes of the NRM Act and the rights to take that water as set out in Section 124 apply” - Hon John Hill, 15 September, 2005.

“The Premier has received your e-mail dated 23 March 2006 in relation to the collection of rainwater in tanks from roofs. He has asked me to reply on his behalf. The Cabinet Office is not in a position to provide you with advice as to your legal rights on the questions you have raised” - R G Wilkins, Director-General, The Cabinet Office, NSW, 29 June, 2006.

“The [Western Australian] Rights in Water and Irrigation Act 1914 vests the rights to the use flow and controls of water in water courses and ground water systems in the Crown. The Act does not prevent the landowner collecting rainwater from roofs or intercepting overland flows on the property unless the collection diminishes the flows or quality of water in water courses or wetlands or damages the ecology of water courses or wetlands. In practical terms, the collection of rainwater from a roof is unlikely to have any of these adverse effects and the owner is free to collect the runoff and use it how he or she chooses. This water is not vested in the Crown” – Hon John Kobelke, 29 May, 2006.

“The land owner or occupier [in Tasmania] has a right to take and use rainwater. Once the water has been “taken” in accordance with the Act, the rights as to the use of that water vest in the owner or occupier” – Hon David Llewellyn, 16 May, 2006.

Greg Cameron

Good info from GC ,

Even a move in the right direction can be a wrong move if the method is flawed .
It boggles the mind .
A tool box full of carrots & still the reds can’t help but go for the bashing stick every time .

In his article Malcolm Turnbull essentially suggests , Let’s just let go a bit for the sake of better outcomes .

Fat chance !

Perseus , My answer to your last question would have to be no , so long as a bloke is free to be an individual & make up his own mind . Beyond that I’d have to check for regulations governing independent thought .

One shouldn’t be flippant I know but after reading Gregs last posts I can’t help it . Even when they do cotton onto a good idea the Marxists will stuff it every time by trying to control it .

Is it lack of faith in fellow man or lack of imagination or fear of being left behind or all three .

Get out of our way .

I asked Mr Beattie and Mr Springborg “Is it your policy that water collected from roofs for rainwater tanks in Queensland is owned by the building owner?” Replies will be posted.

Greg Cameron

Perseus,
I live on Tablelands of NSW and have my own water supply for the house and seperate supply for yard and garden. 700ml rainfall.
I consider there are some failings in your figures based on actual experiance, but still see rainwater tanks as a usefull suplimentary supply to reticulated supply in most cases.

Firstly I think your average house catchment is more like 200sq m.
Secondly, no one yet has mentioned the need for a presure system, which is necessary for showers and dishwashers, etc.

Your house tank size is far too small. One needs 3 mths storage on coastal fringe and 5 mts storage on Tablelands and at least 6 mts storage further West. This is to allow for periods of little or no rainfall.

750 litres PER DAY, for each 100 sq metre of yard, is regquired for garden/yard to keep it barely alive during the summer.

If you add this up for 4 people in house and a lawn of 200 sq m you need 2800lts per day. Say 150 days storage equals 225000lts storage, without any reticulated town supply.

So I consider that rainwater tanks are a usefull suplimentary supply but question the economics and space requirements if a reticulated supply is available. I would not drink water from a town supply. Mine is far superior.

It would be interesting and worthwhile to see the average normal use for each household in places like Bathurst or Goulburn. Figures from Eastern rainfall belt are not usefull anywhere else.

In South Australia, the legislation controlling rights to water is the Natural Resources Management Act 2004. Under Section 124, rights at common law in relation to the taking of "naturally occurring water" are abolished. Instead, the occupier of land is entitled to take surface water from the land for any purpose. The meaning of land includes any building or structure fixed to land and the meaning of surface water includes water flowing over land after having fallen as rain.

A rainwater tank is a tank that contains water collected from a roof. Legally, a tank that contains water that has touched the ground is not a rainwater tank. Water that is on the ground is surface water. The Government claims that water that is on a roof also is surface water. Whereas water on a roof can be collected in a rainwater tank, water that is on the ground cannot be collected in a rainwater tank. How is it possible to claim that a roof and the ground surface are the same thing?

Under recent changes to the SA Development Act 1993, the occupier of land on which a new house it to be built, or an existing house is to be renovated, is not entitled to use the water collected from the roof for any purpose. This is because roofwater must be collected in a rainwater tank and must be used for either hot water, laundry or toilet. If the occupier of the land does not agree to collect roofwater and to use it for one of the three mandatory uses, they are refused permission to build their house or renovate their existing house. The occupier of vacant land who is refused permission to build a house, obviously, cannot collect roofwater.

In NSW, the State Government overcame this anomalous situation by mandating reduced mains drinking water consumption for new houses, and renovations, with the voluntary use of rainwater tanks being one way to comply.

Is the SA Government’s objective to reduce mains drinking water consumption, or is it to own rainwater collected from roofs?

Greg Cameron