Document ID: chunk:federal_register_of_legislation:C2024C00598:clause:1_359
Version: federal_register_of_legislation:C2024C00598
Segment Type: clause
Provision Reference: sch 1 cl 359
Character Range: 1076922–1078570

359  Prior usage rights relating to Commonwealth reserves continue to have effect
 (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.