ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 359 Prior usage rights relating to Commonwealth reserves continue to have effect

ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 359

  (1)   None of the following provisions affect a usage right that was held by a person (other than the Commonwealth or the Director) in relation to land or seabed immediately before the land or seabed was included in a Commonwealth reserve:

  (a)   provisions of this Division   that relate to the reserve (whether or not they also relate to another Commonwealth reserve);

  (b)   provisions of the regulations made for the purposes of this Division   that relate to the reserve (whether or not they also relate to another Commonwealth reserve);

  (c)   provisions of a management plan for the reserve.

  (2)   None of the provisions described in subsection   (1) affect the application of a law of a State or Territory in relation to the usage right.

  (3)   The usage right may be renewed or have its term extended only:

  (a)   with the Minister's written consent; and

  (b)   subject to any conditions determined by the Minister.

This subsection has effect despite subsections   (1) and (2) and any other law of the Commonwealth, a State or a Territory.

  (4)   Subsections   (1) and (2) apply in relation to a usage right relating to minerals on, in or under land or seabed included in a Commonwealth reserve as if the usage right were a usage right relating to the land or seabed.

  (5)   This section applies to a right arising out of a usage right in the same way as it applies to the usage right.

  (6)   This section does not apply in relation to:

  (a)   a usage right relating to minerals in Kakadu National Park; or

  (b)   a usage right so far as it relates to mining operations for those minerals.