32Licence to take water—where water may be taken

32 Licence to take water—where water may be taken (1) A licence to take water held by a water utility may authorise the utility to take surface water under the licence from— (a) the water management area stated in the water access entitlement on which the licence is based; or

(b) a place in a waterway that is downstream from the water management area; or (c) any other water management area for which the utility holds a water access entitlement. (2) A licence to take water held by a person other than a water utility may authorise the person to take surface water under the licence from— (a) the water management area stated in the water access entitlement on which the licence is based; or (b) if the water management area is prescribed by regulation for this paragraph—a place in a waterway that is downstream from the water management area; or (c) if the water is to be used for road works, earthworks or other construction, or landscaping—any water management area. (3) A licence to take water must not authorise ground water to be taken under the licence from a water management area other than the water management area stated in the water access entitlement on which the licence is based. water access entitlement includes a surviving allocation. Note Surviving allocation is defined in s 110.