Subdivision in a restricted water extraction area

Urban households usually have access to mains water, but this is not always available in rural areas.

If no mains or groundwater is accessible, subdivisions may be considered if the developer provides an alternative water supply. This applies to land located within:

• zone rural living (RL) or rural (R) in the Top End, and
• a restricted water extraction area, as declared by the Minister under the Water Act 1992.

Subdivision rules in restricted water areas

A landowner or occupier generally has the statutory right to take groundwater from beneath the land or from waterways adjoining their land for domestic use.

When applying to subdivide land in a restricted water extraction area, the applicant must decide which new lot will keep groundwater access. The other lot/s must use an alternative water supply.

For example, if a property with groundwater access is split into 2, only one lot will keep the right.

Planning approval will require:

• closing bores on lots without groundwater rights
• adding a notice on new land titles stating that groundwater access is not allowed.

Fig 1: Indicative subdivision arrangement in a restricted water extraction area in zone RL.
On Lot A the owner will not be able to take groundwater and must provide an alternative source of water.
On Lot B the owner will be able to take groundwater for use on the lot.

Fig 2: Indicative subdivision arrangement in a restricted water extraction area in zone R.
On Lot A the owner will not be able to take groundwater and must provide an alternative source of water.
On Lot B the owner will be able to take groundwater for use on the lot.

Alternative water supply - rainwater tanks

An alternative water supply is a different source of water, such as a rainwater tank, which provides a renewable supply for various uses.

Size of rainwater tanks

The amount of water needed for a continuous supply varies by household. To maintain a sustainable water supply using a rainwater tank, you should consider:

• expected water usage
• annual rainfall availability
• adequate catchment area - for example, house and shed roofs
• sufficient tank capacity for storage.

If your tank runs dry, you may be able to access one of Power and Water’s water filling stations - fees apply.

Requirements to install a rainwater tank

Installing a water tank must take into consideration below.

Planning approval

Planning approval is not required for a water tank.

Your water tank must not block or be within firebreak areas, as required under the Bushfires Management Act 2016 and the Fire and Emergency Act 1996. Read more about installing and maintaining firebreaks.

Building permit

If the tank is the source water to a building in a controlled area, all installation work (tanks, gutters, plumbing) must comply with the:

• Building Act 1993
• Building Regulations 1993
• National Construction Code.

It must also be included in the building certification.

Health regulations

The NT has rules to prevent mosquito breeding in rainwater tanks under the Public and Environmental Health Regulations 2014. Failing to comply may result in fines.

Maintaining your rainwater tank

To ensure your rainwater is safe to drink, regularly clean your tank, roof, gutters, inlets and screens. Find out how to maintain your rainwater tank.

For more information, read the Australian Government's guidance on the use of rainwater tanks.