Aboriginal Land Rights (Northern Territory) Amendment Act (No. 3) 1987

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ABORIGINAL LAND RIGHTS (NORTHERN TERRITORY) AMENDMENT ACT (No. 3) 1987 No. 75, 1987
Making Information (Assented to 5 June 1987)
ABORIGINAL LAND RIGHTS (NORTHERN TERRITORY) AMENDMENT ACT (No. 3) 1987 No. 75 of 1987 - TABLE OF PROVISIONS
TABLE OF PROVISIONSSection 1. Short title etc. 2. Commencement 3. Interpretation 4. Application of money of Land Council 5. Repeal of Part IV and substitution of new Part: PART IV - MINING 40. Grants of exploration licences 41. Application for consent to exploration licences 42. Response of Land Council and Minister to application 43. National interest cases 44. Determination of conditions of exploration licences 44A. Terms and conditions of exploration licences 45. Mining interest not to be granted in certain circumstances 46. Terms and conditions to which grant of mining interest subject 47. Vitiation of consent 48. No further applications within certain periods 48A. Land Council may enter agreement concerning exploration or mining of land subject to claim 48B. Variation of terms and conditions 48C. Application of Acts authorising mining on Aboriginal land 48D. Payments in respect of mining under Acts 48E. Arbitration on required agreement 48F. Appointment as Mining Commissioner 48G. Proclamations to be laid before Parliament 48H. Agreements for entry on Aboriginal land 48J. Offence in connection with mining interest 6. Consents of traditional Aboriginal owners 7. Transitional 8. Savings ABORIGINAL LAND RIGHTS (NORTHERN TERRITORY) AMENDMENT ACT (No. 3) 1987 No. 75 of 1987 - SECT 1 Short title etc.
1. (1) This Act may be cited as the Aboriginal Land Rights (Northern Territory) Amendment Act (No. 3) 1987. (2) The Aboriginal Land Rights (Northern Territory) Act 1976*1* is in this Act referred to as the Principal Act.
(Minister's second reading speech made in - Senate on 7 May 1987 House of representatives on 3 June 1987) *1*No. 191, 1976, as amended. For previous amendments, see Nos. 21, 70 and 83, 1978; No. 189, 1979; No. 12, 1980; No. 92, 1981; Nos. 16 and 80, 1982; Nos. 63 and 72, 1984; Nos. 63 and 93, 1985; and Nos. 0 and 0, 1987. ABORIGINAL LAND RIGHTS (NORTHERN TERRITORY) AMENDMENT ACT (No. 3) 1987 No. 75 of 1987 - SECT 2 Commencement
2. This Act shall come into operation on the day on which it receives the Royal Assent. ABORIGINAL LAND RIGHTS (NORTHERN TERRITORY) AMENDMENT ACT (No. 3) 1987 No. 75 of 1987 - SECT 3 Interpretation
3. Section 3 of the Principal Act is amended:
(a) by inserting after the definition of "exploration licence" in subsection (1) the following definition:
"'exploration retention lease' means an exploration retention lease granted under a law of the Northern Territory relating to mining for minerals and includes a retention licence granted under the Petroleum Act 1984 of the Northern Territory as amended from time to time;"; (b) by inserting after the definition of "Incorporated Aboriginal Association" in subsection (1) the following definition: "'intending miner', in respect of Aboriginal land, means a person:
(a) who makes application, under a law of the Northern Territory relating to mining for minerals, for the grant of a mining interest in respect of that land; and (b) who, on the day on which the person lodges that application: (i) holds an exploration licence in respect of that land; or (ii) being a person who has held an exploration licence in respect of that land, holds an exploration retention lease, or an application for the grant of such a lease, in respect of that land or a part of that land; (c) by adding at the end of the definition of "mining interest" in subsection (1) ", but in Part IV does not include an exploration licence or
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exploration retention lease"; and (d) by inserting after the definition of "National Parks Act" in subsection (1) the following definition: "'Northern Territory Mining Minister' means the person holding ministerial office under section 36 of the Northern Territory (Self-Government) Act 1978 who is responsible for the administration of the law of the Northern Territory relating to mining for minerals;".
ABORIGINAL LAND RIGHTS (NORTHERN TERRITORY) AMENDMENT ACT (No. 3) 1987 No. 75 of 1987 - SECT 4 Application of money of Land Council
4. Section 35 of the Principal Act is amended by omitting from subsection (3) "43 or 44" and substituting "42, 43, 44, 46, 48A, 48B or 48D".
ABORIGINAL LAND RIGHTS (NORTHERN TERRITORY) AMENDMENT ACT (No. 3) 1987 No. 75 of 1987 - SECT 5
5. Part IV of the Principal Act is repealed and the following Part is substituted:
"PART IV - MINING Grants of exploration licences "40. An exploration licence shall not be granted to a person in respect of Aboriginal land unless: (a) both the Minister and the Land Council for the area in which the land is situated have consented, in writing, to the grant of the licence; or (b) the Governor-General has, by Proclamation, declared that the national interest requires that the licence be granted; and the Land Council and the person have entered into an agreement under section 44 as to the terms and conditions to which the grant of the licence will be subject. Application for consent to exploration licences "41. (1) Where the Northern Territory Mining Minister has given consent, whether before or after the commencement of this section, to a person's entering into negotiations with a Land Council for the consent of the Land Council to the grant to the person of an exploration licence in respect of Aboriginal land (in this section referred to as the 'affected land'), the person shall submit to that Land Council an application, in writing, for consent to the grant of that licence. "(2) The application shall be made:
(a) if the applicant received the consent of the Northern Territory Mining Minister before the commencement of this section, but has not previously applied to the Land Council under this section in relation to the affected land - within 6 months after that commencement; (b) if the applicant received the consent of the Northern Territory Mining Minister before that commencement and has previously applied to the Land Council under this section in relation to the affected land - within 3 months after that commencement; or (c) if the applicant has received the consent of the Northern Territory Mining Minister after that commencement - within 3 months after the consent was given. "(3) If the application is not made as required by subsection (2), the consent of the Northern Territory Mining Minister under subsection (1) shall be deemed to be withdrawn.
"(4) Where, upon receiving a request from the applicant and having consulted with the Northern Territory Mining Minister, the Minister is satisfied at any time that:
(a) it is not reasonably practicable for the applicant to make an application within the relevant period prescribed by subsection (2); and (b) in all the circumstances of the case it is appropriate that a longer period should apply; the Minister may, by notice in writing to the applicant, the Land Council and the Northern Territory Mining Minister, extend the period to such longer period as is specified in the notice. "(5) The applicant shall cause a copy of the application to be sent to the Minister.
"(6) The application shall set out a comprehensive proposal which includes, but is not limited to, the following particulars:
(a) a description of the applicant and of the business activities of the applicant; (b) a description of the affected land by reference to a map showing roads, topographical features, residential areas and other relevant features; (c) a copy of the instrument by which the consent of the Northern Territory Mining Minister was given and of any conditions relevant to the potential impact of the exploration works on the affected land and on Aboriginals, being conditions that are, under a law of the Northern Territory relating to mining for minerals, likely to be conditions to which the grant of the exploration licence will be subject; (d) an outline of the proposed exploration program stating, as far as practicable, the location, and likely effect, of proposed exploration works, and including details of: (i) the anticipated period of activity upon such works; (ii) proposed and possible exploration techniques; (iii) the extent to which exploration activities will, or are likely
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to, affect the environment inside and outside the affected land; (iv) the proposed method and amount of vehicular access to and within the affected land with reference to any proposals to construct roads, landing strips or other access facilities; (v) the maximum number of people likely to be on the affected land from time to time; (vi) the proposed water, timber or other requirements to be obtained from the affected land; and (vii) proposals for minimising the effect of the proposed exploration works on the affected land; (viii) the extimated cost of exploration; (ix) the estimated geological potential of the area; (x) a proposal in relation to payments for exploration activities; (xi) the term of the exploration period; (xii) proposals for rehabilitation; and (xiii) proposals for minimising social impact; (e) a description, expressed as fully as practicable, of the various methods for the recovery of any minerals found as a result of the exploration; (f) the name, position and qualifications of the person or persons, not exceeding 3 in number, who will represent the applicant at meetings convened under subsection 42 (4) or, if any such person is unable so to represent the applicant, of any substitute authorised to represent the applicant. "(7) The Land Council shall, within 30 days after receiving the application, cause notice of the application to be sent to any Aboriginal community or group that may be affected by the grant of the licence.
Response of Land Council and Minister to application "42. (1) Where a Land Council receives an application under section 41 for consent to the grant of an exploration licence in respect of particular land, it shall, before the end of the negotiating period in respect of that application: (a) either consent, or refuse to consent, to the grant of an exploration licence authorising the proposed exploration program in respect of that land or of a part of that land; and (b) notify the applicant, the Minister and the Northern Territory Mining Minister, in writing, of its decision. "(2) The Land Council shall not consent to the grant of the licence unless it has, before the end of the negotiating period, to the extent practicable:
(a) consulted the traditional Aboriginal owners (if any) of the land to which the application relates concerning:
(i) the exploration proposals; and (ii) the terms and conditions to which the grant of the licence may be subject; and (b) consulted any Aboriginal community or group that may be affected by the grant of the licence to ensure that the community or group has had an adequate opportunity to express to the Land Council its views concerning the terms and conditions. "(3) The Land Council shall not refuse to consent to the grant of the licence unless it has, before the end of the negotiating period, to the extent practicable, consulted the traditional Aboriginal owners (if any) of the land to which the application relates concerning the matters referred to in paragraph (2) (a).
"(4) In order to facilitate consultation between the Land Council and the traditional Aboriginal owners:
(a) the Land Council shall convene such meetings with them as are necessary for the purpose of considering the exploration proposals and the terms and conditions; (b) the Land Council shall give reasonable notice to the applicant and the Minister before each meeting which the applicant and the Minister are entitled to attend; (c) the representatives of the applicant may attend so much of: (i) the first meeting at which the substantive content of the exploration program is discussed; and (ii) the first meeting at which the terms and conditions are discussed; as is appropriate for the purposes of presenting and explaining the exploration proposals (including any information required to be given to the Northern Territory Mining Minister) and outlining the applicant's views concerning the terms and conditions; and (d) the representatives of the applicant may attend so much of any subsequent meeting as is appropriate for any of the purposes referred to in paragraph (c) unless the traditional Aboriginal owners, as a group, decide and, through the Land Council, notify the applicant, that the representatives may not attend. "(5) A representative of the Minister:
(a) may attend the meeting, or each meeting, referred to in paragraph (4)(a); and (b) may attend any subsequent meeting unless the traditional Aboriginal owners, as a group, decide, and, through the Land Council, notify the Minister, that the representative may not attend. "(6) Subject to subsection (7), the Land Council shall not consent to the
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grant of the licence unless: (a) it is satisfied that the traditional Aboriginal owners (if any) of the land understand the nature and purpose of the terms and conditions and, as a group, consent to them; (b) it is satisfied that the terms and conditions are reasonable; and (c) it has agreed with the applicant upon the terms and conditions. "(7) If:
(a) at any time within the negotiating period, the Land Council notifies the Minister in writing that the Land Council and the applicant agree that the terms and conditions should be dealt with by arbitration; or (b) at the end of the negotiating period, the Land Council has neither consented, nor refused to consent, to the grant of the licence; the Land Council shall, for the purposes of this Part, be deemed to consent to the grant of the licence. "(8) Where the Land Council consents to the grant of the licence, the Minister shall determine whether he or she also consents to the grant, and shall notify the applicant and the Land Council, in writing, accordingly, within 30 days, or such other period as is prescribed, after:
(a) the receipt by the Minister of the notice under subsection (1); or (b) the day on which the Land Council was, under subsection (7), deemed to consent to the grant of the licence. "(9) If the Minister fails to comply with subsection (8), the Minister shall be deemed to consent to the grant of the licence.
"(10) Where the Minister consents to the grant of the licence, he or she shall notify the applicant, the Northern Territory Mining Minister and the Land Council, in writing, accordingly.
"(11) If paragraph 42(7)(a) does not apply, the applicant and the Land Council may at any time during the negotiating period:
(a) appoint a person agreed upon by the parties; or (b) request the Minister in writing to appoint a person as a Mining Commissioner; to try to determine the terms and conditions by conciliation. "(12) Where a request is made to the Minister under paragraph (11)(b), the Minister shall, as soon as practicable, appoint a person under section 48F as a Mining Commissioner and that person shall try to determine the terms and conditions by conciliation.
"(13) In this section:
'negotiating period' means whichever of the following periods is the longest: (a) 12 months; (b) if, before the end of that period of 12 months, the applicant and the Land Council agree in writing on a longer period - that longer period; (c) if the Minister determines a longer period under subsection (14) - that longer period; or (d) if the period is extended by subsection (15) - the period as so extended; after the application is received by the Land Council. "(14) Where, upon receiving a request from the Land Council within what would otherwise be the negotiating period and having consulted with the Northern Territory Mining Minister, the Minister is satisfied that:
(a) it is not reasonably practicable for the Land Council to perform its functions under this section within the period that, but for this subsection, would be the negotiating period; and (b) in all the circumstances of the case, it is appropriate that a longer negotiating period should apply; the Minister may, by notice in writing to the applicant, the Land Council and the Northern Territory Mining Minister, determine the negotiating period to be a longer period specified in the notice. "(15) Where the Land Council makes a request under subsection (14):
(a) if, within 30 days after receiving the request, the Minister refuses to extend the negotiating period, the negotiating period shall be deemed to include the period up to the end of 7 days after the Land Council receives notice of the refusal; or (b) if, at the end of that 30 days, the Minister has not consented, or refused, to extend the negotiating period, the Minister shall be deemed to have refused to extend the negotiating period, but the negotiating period shall be deemed to include the period up to the end of 7 days after that 30 days. National interest cases "43. (1) Where the Governor-General has, under paragraph 40(b), issued a Proclamation relating to the grant of an exploration licence to a person in respect of Aboriginal land, the person (in this section called the 'applicant') and the relevant Land Council shall, within 180 days, or such longer period as is agreed upon in writing between the applicant and the Land Council, after the Proclamation takes effect, try to agree upon the terms and conditions to which the grant will be subject. "(2) The Land Council shall not agree upon the terms and conditions unless:
(a) it has, as far as practicable, consulted the traditional Aboriginal owners (if any) of the land concerning the terms and conditions and it is satisfied that they understand the nature and purpose of the terms and
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conditions and, as a group, consent to them; (b) it has, as far as practicable, consulted any other Aboriginal community or group that may be affected by the grant of the licence concerning the terms and conditions and it is satisfied that the community or group has had an adequate opportunity to express its views to the Land Council; and (c) it is satisfied that the terms and conditions are reasonable. "(3) Subsection 42 (14) applies for the purposes of subsection (1) as if the references to the negotiating period were references to the period referred to in subsection (1).
"(4) Subsections 42 (4) and (5) apply for the purposes of subsection (2) as if the references to exploration proposals and the exploration program were omitted.
Determination of conditions of exploration licences "44. (1) This section applies to a person (in this section called the 'applicant'), in relation to an area of Aboriginal land, if: (a) the Minister has consented under subsection 42 (8) to the grant of an exploration licence to the applicant in respect of the land and subsection 42 (7) applies; or (b) section 43 applies to the applicant, but the applicant and the Land Council have failed to agree upon the terms and conditions of the grant of the licence within the period referred to in subsection 43 (1). "(2) Where paragraph 42 (7) (a) applies, the applicant and the relevant Land Council may refer the terms and conditions of the grant of the licence to be determined by an arbitrator agreed upon by the parties.
"(3) A reference to an arbitrator shall be made within 30 days, or such other period as is prescribed, after this section applies to the applicant.
"(4) If:
(a) paragraph 42 (7) (a) applies and the applicant and the Land Council fail to refer the terms and conditions as provided by subsections (2) and (3); or (b) paragraph (1) (b) applies; the applicant or the Land Council, or both, may, in writing, request the Minister to refer the terms and conditions to a person appointed by the Minister as a Mining Commissioner for determination by conciliation or, failing that, by arbitration. "(5) Where a request is made to the Minister under subsection (4), the Minister shall, as soon as practicable, appoint a person under section 48F as a Mining Commissioner and that person shall thereupon try to determine the terms and conditions by conciliation.
"(6) If the Mining Commissioner becomes of the opinion that there is no reasonable prospect of determining the terms and conditions by conciliation, he or she shall notify both parties, in writing, of that opinion and, unless either party objects, shall proceed to determine by arbitration the terms and conditions that should, in his or her opinion, be acceptable to both parties.
"(7) If either party objects under subsection (6), the Minister shall, as soon as practicable, appoint another person under section 48F as a Mining Commissioner and that person shall thereupon determine by arbitration the terms and conditions that should, in his or her opinion, be acceptable to both parties.
"(8) In determining the terms and conditions, the Mining Commissioner shall take into account:
(a) the effect that the entry on to the relevant land and the carrying out of exploration operations on the land would have on:
(i) the preservation and protection of the lifestyle, culture and traditions of the traditional owners of the land; (ii) the proposals and wishes of those owners about its management, use and control; (iii) the development of the social, cultural and economic structures of those owners; and (iv) the freedom of access of those owners and their freedom to carry out, in accordance with tradition, rites, ceremonies and other activities on the land; (b) the applicant's capacity, in carrying out the proposed exploration operations, to minimise any disturbance to those owners and the land; (c) the best practicable industry practices for minimising the impact of proposed exploration works upon the land and upon Aboriginals living on that land; (d) the nature and location of the exploration works proposed to be carried out; and (e) usual industry technology for carrying out exploration works of the kind proposed. "(9) Where the applicant is willing to enter into an agreement with the Land Council setting out the terms and conditions determined under this section, the Land Council shall enter into that agreement.
"(10) Where the Minister is satisfied that the Land Council has refused, or is unwilling, to enter into an agreement in the circumstances referred to in subsection (9), the Minister shall, in the name of, and on behalf of, the Land Council, enter into such an agreement.
"(11) Nothing in this Part shall be taken to imply that the applicant must enter into an agreement with the Land Council to give effect to any terms and conditions determined by the Mining Commissioner under this section, but if
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the applicant does not enter into the agreement within 90 days after the determination or such longer period as the Minister may determine on application, within that period of 90 days, by either party, the consent of the Northern Territory Mining Minister under subsection 41 (1) shall be deemed to be withdrawn. Terms and conditions of exploration licences "44A. (1) The terms and conditions agreed upon under section 42 or 43, or determined under section 44, shall include terms and conditions requiring the payment by the applicant of compensation for damage or disturbance caused to the relevant Aboriginal land, and to the traditional Aboriginal owners of the land, by exploration activities undertaken on the land, but shall not include compensation for the value of minerals removed or proposed to be removed from the land or for any other purpose or consideration for giving consent to the grant of the exploration licence. "(2) Where an agreement is entered into under this section concerning the terms and conditions, the terms and conditions shall remain in force during the period that:
(a) the exploration licence; (b) if an exploration retention lease is applied for or granted in respect of the whole or a part of the land to which the exploration licence relates - that application or lease; or (c) if an exploration retention lease granted in respect of the whole or a part of the land to which the exploration licence relates is renewed - that exploration retention lease as so renewed; is held by the applicant or by the heirs, successors or assigns of that person. "(3) Without limiting the generality of references in subsection (1) to compensation for damage or disturbance caused to land, those references include references to compensation for:
(a) deprivation of the use of the land or a part of the land; (b) deprivation of the use of improvements on the land as permitted by the agreement; or (c) severance of the land from other land having the same traditional Aboriginal owners as the land concerned. Mining interest not to be granted in certain circumstances "45. A mining interest shall not be granted to an intending miner in respect of Aboriginal land unless: (a) the relevant Land Council and the intending miner have entered into an agreement under section 46 as to the terms and conditions to which the grant of the mining interest will be subject; and (b) the Minister has consented, in writing, to the grant of that mining interest. Terms and conditions to which grant of mining interest subject "46. (1) An intending miner who seeks the grant of a mining interest in respect of Aboriginal land in respect of which that intending miner holds or held an exploration licence or an exploration retention lease (whether that licence or lease was granted before or after the land became Aboriginal land) shall submit to the relevant Land Council a statement, in writing, setting out: (a) a comprehensive proposal in relation to the mining works that the intending miner proposes to conduct on the land which includes, but is not limited to, the following particulars:
(i) the anticipated period of activity of the mining works; (ii) the proposed mining techniques; (iii) the extent to which the mining and related activities will, or are likely to affect the environment inside and outside the affected land; (iv) the proposed method and amount of vehicular access to and within the affected land with reference to any proposals to construct roads, landing strips or other access facilities; (v) the maximum number of people likely to be on the affected land from time to time; (vi) the water, timber and other requirements to be obtained from the affected land; (vii) proposals for minimising the effect of the proposed mining works on the affected land; (viii) any other information of the kind that would, under the law of the Northern Territory relating to the protection of the environment, be required to be included in an environmental impact statement in relation to the proposed mining works; (ix) proposals for rehabilitation; (x) proposals for minimising social impact; (xi) projected production capacity and scale of operations; (xii) infrastructure requirements; and (xiii) terms and conditions relating to payment; (b) the name, position and qualifications of the person or persons, not exceeding 3 in number, who will represent the intending miner at meetings convened pursuant to subsection (5) or, in the event that that person or any of those persons is unable so to represent the intending miner, of any other person authorised to represent the intending miner in lieu of the person who is unable so to represent the intending miner.
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"(2) The intending miner shall cause a copy of the statement to be sent to the Minister.
"(3) Where the intending miner submits the statement to the Land Council, the intending miner and the Land Council shall try, within 12 months after receipt by the Land Council of the statement or, if a longer period is agreed upon, in writing, between the intending miner and the Land Council, that longer period, to agree upon the terms and conditions to which the grant of the mining interest will be subject.
"(4) Subject to subsections (7) to (11), inclusive, the Land Council shall not agree upon the terms and conditions unless:
(a) it has, as far as practicable, consulted the traditional Aboriginal owners (if any) of the land concerning the terms and conditions and it is satisfied that they understand the nature and purpose of the terms and conditions and, as a group, consent to them; (b) it has, as far as practicable, consulted any other Aboriginal community or group that may be affected by the grant of the mining interest concerning the terms and conditions and it is satisfied that the community or group has had an adequate opportunity to express its view to the Land Council; and (c) it is satisfied that the terms and conditions are reasonable. "(5) In order to facilitate consultation between the Land Council and the traditional Aboriginal owners:
(a) the Land Council shall convene such meetings with them as it considers necessary to consider the intending miner's mining proposals and discuss the terms and conditions; (b) the Land Council shall give reasonable notice to the applicant and the Minister before each meeting which the applicant and the Minister are entitled to attend; (c) the representatives of the intending miner may attend so much of the first meeting as is appropriate in order to present and explain the intending miner's mining proposals and to outline the intending miner's views concerning the terms and conditions; and (d) except where the traditional Aboriginal owners as a group decide, and, through the Land Council, notify the intending miner that the representatives of the intending miner may not attend a subsequent meeting that is so convened - the representatives may attend so much of that subsequent meeting as is appropriate in order further to explain those mining proposals or further to discuss the terms and conditions. "(6) A representative of the Minister:
(a) may attend the first meeting; and (b) may attend any subsequent meeting unless the traditional Aboriginal owners as a group decide, and, through the Land Council, notify the Minister, that the representative may not attend. "(7) If the intending miner and the Land Council fail, within the period referred to in subsection (3), to agree upon the terms and conditions, either or both of them may, by writing, request the Minister to refer the matters in dispute to a person appointed by the Minister as a Mining Commissioner for resolution of those matters by conciliation, or, failing that, by arbitration.
"(8) Where a request is made to the Minister under subsection (7), the Minister shall, as soon as practicable, appoint a person, in accordance with section 48F, as a Mining Commissioner and that person shall thereupon try, by conciliation, to assist the intending miner and the Land Council to resolve the matters in dispute.
"(9) If the Mining Commissioner becomes of the opinion that there is no reasonable prospect, by conciliation, of assisting the intending miner and the Land Council to resolve any matters in dispute between them, he or she shall notify both parties, in writing, that he or she is so satisfied and, unless either party objects, proceed, by arbitration of the matters in dispute, to determine the terms and conditions that should, in his or her opinion, be acceptable to both parties.
"(10) If either party objects under subsection (9), the Minister shall, as soon as practicable, appoint another person under section 48F as a Mining Commissioner and that person shall, by arbitration of the matters in dispute, determine the terms and conditions that should, in his or her opinion, be acceptable to both parties.
"(11) The Mining Commissioner shall determine terms and conditions that are fair and reasonable and that, in his or her opinion, should have been negotiated by the parties in commercial arms' length negotiations conducted in good faith.
"(12) Where the intending miner is willing to enter into an agreement with the Land Council setting out the terms and conditions determined under this section, the Land Council shall enter into that agreement.
"(13) Where the Minister is satisfied that the Land Council has refused, or is unwilling, to enter into an agreement in the circumstances referred to in subsection (12), the Minister shall, in the name of, and on behalf of, the Land Council, enter into such an agreement.
"(14) Where an agreement is entered into under this section concerning the terms and conditions, the terms and conditions are binding upon the parties and their heirs, successors or assigns.
"(15) Nothing in this Part shall be taken to imply that the intending miner must enter into an agreement with the Land Council to give effect to any terms
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and conditions determined by the Mining Commissioner under this section, but, if the intending miner does not enter into the agreement, within 90 days after the determination or such longer period as the Minister may determine on application, within that period of 90 days, by either party, the licence or lease referred to in subsection (1) is cancelled. "(16) Where:
(a) the Mining Commissioner has, under this section, determined the terms and conditions; and (b) the intending miner has withdrawn the application for the grant of the mining interest because the intending miner is unwilling to accept the terms and conditions so determined; the Minister shall not consent to the grant to another intending miner of a mining interest that will enable the mining of a mineral deposit on the same land, being a deposit that was delineated by a previous intending miner (whether the first-mentioned intending miner or not), unless the Minister is satisfied that the other intending miner has entered into an agreement described in subsection (17). "(17) For the purposes of subsection (16), the agreement shall be an agreement with the previous intending miner or with the heirs, successors or assigns of the previous intending miner to reimburse the previous intending miner, or the heirs, successors or assigns of the previous intending miner, and amount equal to the sum of the exploration expenditure reported by the previous intending miner in accordance with the conditions of the exploration licence or exploration retention lease held by the previous intending miner in respect of the land under a law of the Northern Territory relating to mining for minerals.
"(18) Without limiting the generality of the preceding subsections, the terms and conditions of an agreement under this section shall include terms and conditions relating to the payment to the Land Council of an amount or amounts specified in, or determined under, the agreement.
Vitiation of consent "47. (1) Where: (a) a Land Council has consented to the grant of an exploration licence; and (b) the Land Council, by notice in writing to the Minister, states that: (i) the licence-holder is conducting, or is likely to conduct, exploration works otherwise than in accordance with the proposed exploration program referred to in the application for that consent; and (ii) the exploration works are causing, or are likely to cause, a significant impact on the affected land and on Aboriginals, to the extent that the Land Council would not have consented to the grant of the licence (whether or not it actually did so consent); the Minister shall, within 90 days after the receipt of the notice, consult with the Northern Territory Mining Minister and determine whether subsection (2) applies. "(2) This subsection applies if the Minister is satisfied that:
(a) the Land Council was entitled to make a statement under paragraph (1) (b); and (b) the national interest does not require that the exploration works should proceed. "(3) Where an intending miner causes a copy of a statement of mining proposals to be sent to the Minister under subsection 46 (2), the Minister shall, within 90 days after receiving the notice, determine whether subsection (4) of this section applies.
"(4) This subsection applies if the Minister is satisfied that:
(a) the proposed mining works or related activities are not in accordance with the description set out under paragraph 41 (6) (e) in respect of the application relating to the relevant exploration licence;

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