Document ID: chunk:federal_register_of_legislation:C2024C00794:section:48:p2
Version: federal_register_of_legislation:C2024C00794
Segment Type: section
Provision Reference: s 48 (pt 2/4)
Character Range: 255222–257901

the re‑application period, make a further application under section 41 to the Land Council in respect of the same land or an area within that land.
Note: See also the requirement in subsection (4B) (about having a consent to negotiate).
 (3) Where:
 (a) a Land Council has refused to consent to the grant of an exploration licence;
 (b) at any time after the refusal, the Land Council applies to the Minister under this subsection; and
 (c) the Minister, after consultation with the Commonwealth Minister responsible for mineral resources matters and the Northern Territory Mining Minister, is satisfied on reasonable grounds that:
 (i) the refusal was for a reason or reasons other than a desire to maximise the amount of financial compensation to be received, whether at the exploration or the mining stage;
 (ii) the circumstances or concern that resulted in the refusal are no longer applicable; and
 (iii) the public interest requires that a further application under section 41 be made in respect of the same land or an area within that land;
the Minister shall, subject to subsection (3A), authorise such an application to be made:
 (d) within 90 days—by the original applicant; or
 (e) if the original applicant fails to apply within that period or notifies the Minister that he or she does not intend to apply—by any other person.
Note: See also the requirement in subsection (4B) (about having a consent to negotiate).
 (3A) However, if:
 (a) the refusal under paragraph (3)(a) is in relation to a body corporate; and
 (b) at the time the Minister is satisfied of the matters referred to in paragraph (3)(c), the body corporate has been wound up and has not assigned its rights in relation to this section;
then the Minister may, under subsection (3), authorise an application in respect of the land concerned or an area within that land to be made by any person under section 41 within the period applicable under subsection 41(2).
 (4) Subject to subsection (4A), if:
 (a) a Land Council has refused to consent to the grant of an exploration licence in respect of particular land; and
 (b) the applicant:
 (i) has failed during the re‑application period to make an application under subsection (2); or
 (ii) has notified the Minister in writing within that period of the intention not to make such an application;
a person other than the applicant may apply to the Land Council for consent under section 41 in respect of the first‑mentioned land or an area within that land.
Note: See also the requirement in subsection (4B) (about having a consent to negotiate).
 (4A) However, if:
 (a) the refusal under paragraph (4)(a) is in relation to a body corporate; and
 (b)