Document ID: chunk:federal_register_of_legislation:C2024C00794:section:44a
Version: federal_register_of_legislation:C2024C00794
Segment Type: section
Provision Reference: s 44A
Character Range: 237827–239639

44A  Terms and conditions of exploration licences
 (1) The terms and conditions agreed under section 42 or 43, or determined under section 44, must include terms and conditions requiring the applicant to pay 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.
 (1A) Without limiting subsection (1), the terms and conditions may require the applicant to pay compensation for one or more of the following:
 (a) the value of minerals removed or proposed to be removed from the land;
 (b) deprivation of the use of the land or a part of the land;
 (c) deprivation of the use of improvements on the land as permitted by the agreement;
 (d) severance of the land from other land having the same traditional Aboriginal owners as the land concerned.
 (1B) To avoid doubt, the terms and conditions must not require the applicant to pay any amount as consideration for giving consent to the grant of the exploration licence.
 (2) Where an agreement is entered into under this Part concerning the terms and conditions, the terms and conditions remain in force during the period that:
 (a) the exploration licence;
 (b) if an exploration retention licence 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 exploration retention licence; or
 (c) if an exploration retention licence granted in respect of the whole or a part of the land to which the exploration licence relates is renewed—that exploration retention licence as so renewed;
is held by the applicant or by the heirs, successors or assigns of that person and such period (if any) immediately following that period as is specified in the agreement.