Fact sheet: Water Use Compliance

Managing water fairly for all users

Water is a precious and limited resource. It is critical to our economy, environment, and communities. This is why water needs to be managed fairly for all water users.

Victoria has zero tolerance for water theft which supports equity of access to our limited water resources and protects those who comply with the Water Act 1989 (the Act).

What is a Penalty Infringement Notice?

Rural water corporations can issue a Penalty Infringement Notice (PIN) to water users who have committed a water infringement offence. All infringement notices are governed by the Infringements Act 2006

More information can be found at our Penalty Infringement Notices webpage.

Who can be fined?

Water users that can be fined by rural water corporations include customers with an irrigation connection, a stock and domestic connection and/or a Take and Use Licence.  

What offences can be fined?

 Under the Act and Water (Infringements) Regulations 2020, rural water corporations can issue a fine (through a Penalty Infringement Notice) for the following water infringement offences, where the unauthorised take of water is up to 10 megalitres:

  • Taking water without a water share in a declared system
  • Taking or using water without a Take and Use Licence from a non-declared system
  • Wrongful take of water, interfering with flow of water in any waterway, aquifer or works without any authorisation
  • Breaching conditions of a Take and Use Licence
  • Breaching conditions of a works licence
  • Contravening a restriction or prohibition in a permanent water savings plan

Goulburn Murray Water (GMW) and Lower Murray Water (LMW) will fine customers who take too much water or water without a water share.

Who has the power to issue a fine?

Under the Act, rural water corporations – such as GMW and LMW – are responsible for the compliance and enforcement of rules and legislative requirements surrounding the take and use of water and construction of works.

An Authorised Water Officer (AWO), appointed by the rural water corporation under Section 291Aof the Act, has the power to issue a PIN to a water user whom the officer has reason to believe has committed a water infringement offence (Section 295Aof the Act). 

How is my use monitored and when are fines issued?

Given Victoria’s extensive non-urban water metering and telemetry, rural water corporations proactively monitor customer account balances, where even small volumes of water theft are identified, enabling swift compliance and enforcement response.

GMW and LMW will actively use fines as part of their compliance strategy. This means that once a potential breach has been identified, water users must rectify the issue very promptly or may receive a fine if the amount of unauthorised take is below 10 ML.

 If the water user has committed multiple offences over a specific period, they may be fined more than once.

 We can issue fines within 12 months after the day on which the water infringement offence occurred. 

If the amount of water taken exceeds 10 ML, GMW or LMW will look to use other enforcement tools such as prosecution and/or locking down meters, outlets or pumps until account balances have been brought back into compliance.

How much will I be fined? 

From 1 July 2022 to 30 June 2023, the maximum penalty for an individual is $2,219 and $11,095 for a body corporate per offence. Penalties are up to five times higher for body corporates than for individuals.

Victoria’s Water (Infringement) Regulations 2020 set gradual penalties, which increase with the amount of water taken and the nature of the offence.

What are my options if I receive a fine?

As a rural water corporation, we will issue PINs to water users via the mail or email. If you receive a PIN, it will include information about the offence; the amount owed and how it can be paid; and the fine due date.

You must pay the fine or request a review of the PIN. 

Information on how to pay and to assess eligibility for payment arrangements can be viewed on the Fines Victoria website.  

If you fail to pay by the specified due date, Fines Victoria will issue reminder notices and additional costs may be applied.  If you ignore reminders the matter will become more serious. 

If you would like to request an internal review, please visit www.fines.vic.gov.au.

In addition to paying the fine, you must also bring your account balance back into compliance by purchasing or trading in additional water to your account.

Reporting Non-Compliance

If you wish to report an alleged offence or breach of the Water Act 1989, you can contact us:

Goulburn Murray Water

Lower Murray Water

Reports can be received anonymously.

More information

GMW and LMW have compliance and enforcement strategies for water theft to support their zero-tolerance approach.

Specific information for GMW customers can be found at their Water Use Compliance webpage and LMW can be found their Rural Compliance webpage.