Kangaroo Island
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Water Affecting permits – frequently asked questions

Information on this pages includes:

  • Do I need a permit to build or modify a dam?
  • Do I need approval for dam repairs, maintenance or desilting?
  • What is the process for obtaining a WAA permit?
  • Penalties may apply
  • Why are dams regulated?
  • How can dams impact the environment?
  • Need help?

Do I need a permit to build or modify a dam?

Yes.

Before constructing, modifying enlarging or removing a dam, you will need to get approval under either the Landscape South Australia Act 2019 via the Kangaroo Island Landscape Board or under the Planning, Development and Infrastructure Act 2016 via the Kangaroo Island Council.

The criteria for determining which act your dam works falls under are:

  • If the dam is smaller than five (5) megalitres (ML) and has a wall height less than three (3) metres, you will need to apply for a permit for a water affecting activity (WAA) through the landscape board.
  • If the dam is bigger than five (5) ML, or has a wall height greater than three (3) metres you must apply for development approval from your local council (development applications will be referred to the Kangaroo Island Landscape Board by the council for direction).

Do I need approval for dam repairs, maintenance or desilting?

Desilting dams, minor repairs and maintenance do not require approval provided the dam is not made bigger in the process.

If you are uncertain whether a permit is needed, make sure you check with the Board’s Water Officer before starting any work.

What is the process for obtaining a WAA permit?

The exact time taken to process the application depends on the nature of the activity, the time of year and the information provided in the proposal.

You need to apply for your permit at least a month before you intend to start the construction works.

Permits are valid for two years from date of issue.

Step 1: Permit application form

Download a permit application form or contact the Water Officer.

Step 2: Complete your application

Provide information about the proposed activity in accordance with the application form.

Clear and detailed information helps us to assess your application as soon as possible.

Applications should include:

  • a site plan
  • any other plans, photographs and detailed drawings of the proposed activity
  • consultant or engineering reports (where applicable)
  • supporting information as required under the water affecting activities control policy or relevant water allocation plan

Step 3: Lodge your application

Permit applications, accompanied by the prescribed fee, must be lodged with the landscape board. Information about the fee and lodging instructions are included on the application form.

Step 4: provide additional information

When you apply for a permit you may be requested to provide additional information in writing. The timeframe to assess the application and make a decision may be extended to take account of any delays in obtaining additional information.

Step 5: Site assessment

A representative of the landscape board may visit your property to assess the application and identify any possible impacts that may result from the proposed activity.

Step 6: Permit notification and conditions

The landscape board will notify you of the decision in writing. You may be required to undertake additional actions in accordance with the conditions of an approved permit. If your permit application is not approved, or you disagree with any of the permit conditions, you may appeal to the Environment, Resources and Development Court within 6 weeks of the decision.

Step 7: Site audit

You must advise the Water Officer within two weeks of completing the works. The Water Officer may conduct a further site visit to ensure the permit conditions have been met.

Penalties may apply

Please ensure you are not in breach of the Landscape South Australia Act 2019.

Undertaking a water affecting activity without a permit or, in breach of the permit conditions is an offence under the Act. If you are unsure whether the works you are proposing will require a permit, call the Water Officer for advice before undertaking any works.

If you are unsure whether the work you propose to do will require a permit, contact the Water Officer for advice before conducting any works.

Breaches can result in protection orders or criminal/civil enforcement notices being served by the Kangaroo Island Landscape Board or the Department for Environment and Water

Financial penalties or prosecution may also apply.

Note: a permit may not be required if the activity has been authorised under other legislation, for example the Planning, Development and Infrastructure Act 2016, the Environment Protection Act 1993 or the Native Vegetation Act 1991.

Please check with the Kangaroo Island Landscape Board to confirm.

Why are dams regulated?

Dams are considered water affecting activities (WAAs) because they can impact the flow, quality, and availability of water for other users and the environment. By regulating dams, we can balance the needs of landholders, communities, and the environment.

The development of a new dam can impact existing water users and the environment and must be managed in a way that balances existing and future needs.

Regulating the development of dams means that we can manage and prevent:

  • reduced flows to downstream users
  • reduced flows or changes to the timing of flows to ecosystems that depend on a certain flow regime
  • erosion and sedimentation, and
  • increased salinity.

This approach is needed to ensure water is shared equitably between all users and the environment.

Please encourage your neighbours and other community members to comply with this legislation and policy requirements. The Board regularly conducts aerial imagery surveys, across the island, identifying new and enlarged dams which may result in formal compliance action.

Your support and cooperation will help to ensure works completed across Kangaroos Island’s watercourses, lakes and floodplains are constructed in a way that minimises impacts on neighbouring properties and the health of precious water resources within our pristine environment.

How can dams impact the environment?

Poorly planned dams can alter natural water flow, reduce water quality, and harm aquatic ecosystems. They can also reduce the amount of water available downstream, affecting other users and the environment.

Need help?

Please contact the Kangaroo Island Landscape Board during business hours, we are here to help: