Document ID: chunk:federal_register_of_legislation:C2004A03933:body:0:p2
Version: federal_register_of_legislation:C2004A03933
Segment Type: other
Provision Reference: 
Character Range: 2677–5513

to mine for

                minerals on that land, while the person holds, under subsection 53 (2a) of that Act, a right to explore for minerals on that land; or

                (ii) if subparagraph (i) does not apply—makes an application for the grant, under regulations made for the purposes of subsection 124 (1) of the Lands Acquisition Act 1989, of a right to mine for, or recover, minerals on that land, while the person holds, under the regulations, a right to explore for minerals on that land;

'mining interest' means:

           (a) any lease or other interest in, or right in respect of, land granted under a law of the Northern Territory relating to mining for minerals (other than a lease or other interest in land, or a right, relating to the mining or development of extractive mineral deposits); or

           (b) if subsections 51 (1a) and 53 (2a) of the Lands Acquisition Act 1955 apply by virtue of subsection 124 (8) of the Lands Acquisition Act 1989—any lease, licence or other right granted under any of those provisions; or

           (c) if regulations have been made for the purposes of subsection 124 (1) of the Lands Acquisition Act 1989—any right granted under those regulations to explore for, mine for, or recover, minerals;

        but does not include, when the expression is used in Part IV, any such lease, licence, interest or right that is an exploration licence or exploration retention lease;";

(c) by inserting the following definition in subsection (1):

        " 'Incorporated Aboriginal Association' has the same meaning as in the Aboriginal Councils and Associations Act 1976;".

Land Trusts

4. Section 4 of the Principal Act is amended by inserting after subsection (1) the following subsection:

"(1aa) A Land Trust to hold any Crown land described in Part 2 or 3 of Schedule 1 must be established not later than 2 years after the commencement of this subsection.".

Functions of Land Council

5. Section 23 of the Principal Act is amended by inserting after paragraph (1) (f) the following paragraph:

"(fa) to negotiate, and enter into agreements, as necessary, for the purposes of subsection 70 (4);".

Application of money of Land Council

6. Section 35 of the Principal Act is amended:

  (a) by omitting paragraph (1) (b) and substituting the following paragraphs:

        "(b) any Incorporated Aboriginal Association whose members live in the area of the Land Council; and

         (c) any association of Aboriginals, or company whose shareholders are all Aboriginals, incorporated under a law of the Northern Territory:

            (i) whose members or shareholders live in the area of the Land Council; and

            (ii) that has been declared by the Minister to be eligible to receive payments under this subsection;";

    (b) by omitting from paragraphs (2) (b)