(1) |
An existing lawful water use means a water use— |
(a) |
which has taken place at any time during a period of two years immediately before the date of commencement of this Act and which— |
(i) |
was authorised by or under any law which was in force immediately before the date of commencement of this Act; |
(b) |
which has been declared an existing lawful water use under section 33. |
(2) In the case of—
(a) |
a stream flow reduction activity declared under section 36(1); or |
(b) |
a controlled activity declared under section 38, |
existing lawful water use means a water use which has taken place at any time during a period of two years immediately before the date of the declaration.