NSWIn ForceAct
National Parks and Wildlife Act 1974
39Existing interests
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#### 39 Existing interests
39 Existing interests
> > (1) In this section, existing interest means any authority, authorisation, permit, lease, licence or occupancy.
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> > (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—
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> > > (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
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> > > (b) the use permitted of those lands under the interest.
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> > (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.
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> > (4) The provisions of subsection (3) do not apply to any authority, lease or licence under the [Mining Act 1992](/view/html/inforce/current/act-1992-029), the [Offshore Minerals Act 1999](/view/html/inforce/current/act-1999-042), the [Fisheries Management Act 1994](/view/html/inforce/current/act-1994-038) or the [Petroleum (Onshore) Act 1991](/view/html/inforce/current/act-1991-084), or any permit or licence under the [Petroleum (Offshore) Act 1982](/view/html/inforce/current/act-1982-023).
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> > (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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> **s 39:** Am 1983 No 183, Sch 6 (4); 1992 No 29, Sch 5; 1994 No 38, Sch 8; 1998 No 5, Sch 2.2 \[1\]; 1999 No 42, Sch 3.12 \[1\]; 2007 No 27, Sch 1.29.