8BExisting interests etc. in parks and reserves

##### 8B Existing interests etc. in parks and reserves (1) Where any land is within a park, reserve or conservation zone: (a) subject to paragraph (b), the prescribed provisions of this Act and of the regulations (other than subsection 8A(13) or regulations made under paragraph 8A(8)(a)) and, in the case of a park or reserve, the provisions of the plan of management do not affect: (i) any interest in respect of that land or in respect of any minerals on, in or beneath that land held immediately before that land was within the park, reserve or conservation zone by any person other than the Commonwealth or the Director; or (ii) the application of any law of a State or Territory in relation to such an interest; and (b) notwithstanding anything to the contrary contained in any law of the Commonwealth or of a State or Territory, an interest referred to in subparagraph (a)(i) (not being an interest in respect of minerals beneath the land concerned) shall not be renewed, and the term of such an interest shall not be extended, except with the consent in writing of the Minister and subject to such conditions as the Minister determines. (2) A person adversely affected by the refusal of the Minister to give consent, or by the imposition of conditions, under paragraph (1)(b) is entitled to be paid reasonable compensation by the Commonwealth. (3) In this section: (a) a reference to land shall be read as including a reference to sea-bed and subsoil; (b) a reference to a prescribed provision shall be read as a reference to a provision that has effect only in relation to: (i) a particular park, reserve or conservation zone; or (ii) parks, reserves and conservation zones, or any of them; (c) a reference to an interest shall be read as including a reference to the exercise of a right arising out of an interest; and (d) a reference to minerals beneath land that is within a park, reserve or conservation zone shall be read as a reference to minerals situated below the depth specified in relation to that land in pursuance of subsection 7(6) or 8A(4), whichever is applicable. (4) This section does not apply in relation to: (a) any interest in respect of any minerals on, in or beneath land within Kakadu National Park; or (b) any other interest in so far as it relates to operations for the recovery of any such minerals.