WATER ACT 2000 - SECT 5 Meaning of watercourse

WATER ACT 2000 - SECT 5

5 Meaning of watercourse

(1) A
"watercourse" is a river, creek or other stream, including a stream in the form of an anabranch or a tributary, in which water flows permanently or intermittently, regardless of the frequency of flow events—

(a) in a natural channel, whether artificially modified or not; or

(b) in an artificial channel that has changed the course of the stream.

(2) A
"watercourse" includes any of the following located in it—

(a) in-stream islands;

(b) benches;

(c) bars.

(3) However, a
"watercourse" does not include a drainage feature.

(4) Further—

(a) unless there is a contrary intention, a reference to a watercourse in this Act, other than in this part or in the definitions in schedule 4 to the extent they support the operation of this part, is a reference to anywhere that is—

(i) upstream of the downstream limit of the watercourse; and

(ii) between the lateral limits of the watercourse; and

(b) a reference in this Act to, or to a circumstance that involves, land adjoining a watercourse, is a reference to, or to a circumstance that involves, land effectively adjoining a watercourse.

Note for paragraph (b)—

Generally, the non-tidal boundary (watercourse) of land bounded by a watercourse, as provided for under the Survey and Mapping Infrastructure Act 2003 , would not correspond precisely with the line of the outer bank of a watercourse under this Act.

(5) In this section—


"adjoining" includes being bounded by, being adjacent to, or abutting.


"lateral limits" , of a watercourse, are the outer bank on one side of the watercourse and the outer bank on the other side of the watercourse.