(b) occuring naturally on the surface of the ground; and
(c) conserved by any works, except to the extent that is otherwise provided by this Enactment or to the extent that the right is divested by the exercise of a function of the Council or the Director.
(2) The right conferred by subsection (1) prevails over any right conferred by or under another Enactment.
(3) In the exercise of the right conferred by subsection (1) or of any other function, the Council or the Director may take such measures as the Council or the Director thinks fit for__
(a) the orderly development and beneficial use of water;
(b) ensuring equitable access to water;
(c) improving the quality of water and protecting the quality of water from degradation;
(d) preventing interference with the flow or availability of water or the making of changes to the course of a water body, without authorisation;
(e) preventing the unauthorised installation and use of measures or works which require authorisation under this Enactment;
(f) the mitigation and control of floodwaters; or
(g) protection of the aquatic environment.
16. (1) The owner or occupier of land or premises may, free of charge and without requiring a licence under this Enactment, exercise a private right to take, use and control, sufficient for household and subsistence agricultural purposes__
(a) groundwater under the land or premises; or
(b) where the land or premises has frontage to a water body, water directly from that water body.
(2) The right conferred in subsection (1) may be exercised provided that any work for taking and using the water does not__
(a) cause a significant obstruction to or diversion of the flow of water in a water body;