Document ID: chunk:federal_register_of_legislation:C2024C00794:section:42:p3
Version: federal_register_of_legislation:C2024C00794
Segment Type: section
Provision Reference: s 42 (pt 3/4)
Character Range: 225864–228564

is satisfied that the terms and conditions are reasonable; and
 (c) it has agreed with the applicant upon the terms and conditions.
 (7) If, at any time within the negotiating period, the Land Council notifies the Minister in writing that the Council and the applicant agree that the terms and conditions should be dealt with by arbitration, the Council is, for the purposes of this Part, taken to have consented to the grant of the licence on the day of the notification.
 (11) If subsection (7) 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 must, as soon as practicable, appoint a person under section 48F as a Mining Commissioner and that person must try to determine the terms and conditions by conciliation.

Standard negotiating period
 (13) Subject to subsections (15) and (17), the negotiating period for an application is the period beginning on the day the application is first received by the Land Council and ending at the end of:
 (a) the period of 22 months beginning on 1 January in the calendar year after the calendar year in which the application is first received by the Council; or
 (b) if, before the end of that 22 month period, the applicant and the Council agree in writing to extend that period by 2 years—that 2 year period; or
 (c) if, before the end of the following period (the agreed period):
 (i) that 2 year period;
 (ii) any 12 month period applicable under any application or applications of this paragraph;
  the applicant and the Council agree in writing to extend the agreed period by 12 months—that 12 month period.

Notification of extension agreed between the applicant and the Land Council
 (14) The Land Council must notify the Minister and the Northern Territory Mining Minister of any extension agreed under paragraph (13)(b) or (c).

Ministerial deadline
 (15) At any time during a period applicable under paragraph (13)(b) or (c), the Minister may, in writing, determine that a specified day is to be the end of the negotiating period (which must be a day at least 12 months after the day of the determination).

Consultation
 (16) The Minister must, before making a determination under subsection (15), consult the applicant, the Land Council and the Northern Territory Mining Minister. The Minister may conduct the consultation during the period applicable under paragraph (13)(a).

Special negotiating period for some