Document ID: chunk:federal_register_of_legislation:C2021A00132:clause:2_23
Version: federal_register_of_legislation:C2021A00132
Segment Type: clause
Provision Reference: sch 2 cl 23
Character Range: 76995–79708

23  Subsections 42(4) to (5A)
Repeal the subsections, substitute:
 (4) To facilitate consultation between the Land Council and the traditional Aboriginal owners, the Land Council must:
 (a) subject to subsection (4A), convene such meetings with them, after the Land Council determines under subsection 41(7) that it is satisfied the application complies substantially with subsection 41(6), as the Land Council considers appropriate for the purposes of considering the exploration proposals and the terms and conditions; and
 (b) give reasonable notice to:
 (i) the applicant before any meeting the applicant is entitled to attend; and
 (ii) the Minister before any meeting a person authorised under subsection (4D) is entitled to attend.
 (4A) The following matters must be discussed at a meeting convened in accordance with paragraph (4)(a), unless the applicant notifies the Land Council that the applicant does not wish its representatives to attend such a meeting to discuss the matter:
 (a) the substantive content of the exploration program;
 (b) the terms and conditions.
 (4B) To avoid doubt, subsection (4A) does not require a meeting to be convened in relation to the application after it is varied under subsection 41(13) if the matters were discussed at one or more meetings convened in accordance with paragraph (4)(a) of this section before the variation.
 (4C) The representatives of the applicant may attend:
 (a) so much of the first meeting (if any) at which the matter mentioned in paragraph (4A)(a) is 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
 (b) so much of the first meeting (if any) at which the matter mentioned in paragraph (4A)(b) is discussed as is appropriate for the purposes of outlining the applicant's views concerning the terms and conditions; and
 (c) so much of any subsequent meeting as is appropriate for any of the purposes referred to in paragraph (a) or (b) of this subsection unless the traditional Aboriginal owners, as a group, decide and, through the Land Council, notify the applicant, that the representatives may not attend.
 (4D) The Minister may, in writing, authorise a specified person or any person included in a specified class of persons to attend a meeting in accordance with subsection (5).
 (5) A person authorised by the Minister under subsection (4D) may attend:
 (a) a meeting referred to in paragraph (4C)(a) or (b); and
 (b) any subsequent meeting, unless the traditional Aboriginal owners, as a group, decide and, through the Land Council, notify the Minister, that the person may not attend.