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ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 390H

Prior usage rights relating to conservation zones continue to have effect

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

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

  (b)   provisions of the regulations made for the purposes of this Division   that relate to the zone (whether or not they also relate to another conservation zone).

  (2)   None of the provisions covered by 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 conservation zone 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.


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