| (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.
