(1) For the purposes of this Act, the 100 - year permanence period for an eligible offsets project is:
(a) 100 years; or
(b) if, at the time when the declaration of the project as an eligible offsets project was made, a greater number of years was specified in the regulations or the legislative rules--that greater number of years.
(2) However, if:
(a) the regulations or the legislative rules specify a number of years that is less than 100 years; and
(b) those regulations or legislative rules, as the case may be, are made after the time when the declaration of a project as an eligible offsets project was made;
then, despite subsection (1), that lesser number of years is the 100 - year permanence period for the eligible offsets project.