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NATIONAL PARKS AND WILDLIFE ACT 1974 - SECT 39
Existing interests
39 Existing interests
(1) In this section,
"existing interest" means any authority, authorisation, permit, lease, licence
or occupancy.
(2) Except as provided in this Act, the reservation of lands
as, or as part of, a national park or historic site does not affect-- (a) the
terms and conditions of any existing interest in respect of those lands from
the Crown or the trustees, current and in force at the time of the
reservation, or
(b) the use permitted of those lands under the interest.
(3)
Subject to subsection (4), no such interest shall be renewed nor shall the
term of any such interest be extended except with the approval of the Minister
and subject to such conditions as the Minister determines.
(4) The provisions
of subsection (3) do not apply to any authority, lease or licence under the
Mining Act 1992 , the Offshore Minerals Act 1999 , the
Fisheries Management Act 1994 or the Petroleum (Onshore) Act 1991 , or any
permit or licence under the Petroleum (Offshore) Act 1982 .
(5) Upon the
termination, surrender, forfeiture or determination of any existing interest
(otherwise than for the purpose of renewing it or extending its term) referred
to in subsection (2), the lands the subject of the interest are, to the extent
to which they would not, but for this subsection, be lands reserved as part of
the national park or historic site within which they are situated, hereby so
reserved.
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