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National Water Act, 1998 (Act No. 36 of 1998)

Chapter 4 : Use of Water

Part 3 : Existing lawful water uses

32. Definition of existing lawful water use

 

(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;
(ii) is a stream flow reduction activity in section 36(1); or
(iii) is a controlled activity contemplated in section 37(1).
(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.