Document ID: chunk:federal_register_of_legislation:C2004A03933:body:0:p3
Version: federal_register_of_legislation:C2004A03933
Segment Type: other
Provision Reference: 
Character Range: 5243–8144

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) and (3) (b) "incorporated Aboriginal communities or groups" and substituting "Incorporated Aboriginal Associations";

    (c) by omitting from subsection (9) "incorporated Aboriginal community or group" and substituting "Incorporated Aboriginal Association";

    (d) by omitting subsection (12) and substituting the following subsection:

    "(12) Where an Aboriginal community or group that is not an Incorporated Aboriginal Association was, before the commencement of this subsection, entitled to be paid an amount under this section, the community or group is taken, for the purposes of this section, to be an Incorporated Aboriginal Association.".

Grants of exploration licences

7. Section 40 of the Principal Act is amended by inserting "(including Aboriginal land in a conservation zone)" after "Aboriginal land".

Terms and conditions of exploration licences

8. Section 44a of the Principal Act is amended by adding at the end of subsection (2) "and such period (if any) immediately following that period as is specified in the agreement.".

9. After section 48a of the Principal Act the following section is inserted:

Special provisions relating to specified areas

"48aa. (1) This section applies to:

    (a) the Aboriginal land described in Schedule 3, being the land known as the Eastern Areas on Groote Eylandt; and

    (b) if:

        (i) the boundaries of the area known as the Coronation Hill Project Area are prescribed for the purposes of this section; and

        (ii) any land within the boundaries so prescribed becomes Aboriginal land;

    that Aboriginal land.

"(2) Except as otherwise provided in this section, the preceding provisions of this Part do not apply to Aboriginal land to which this section applies.

"(3) An exploration licence in respect of Aboriginal land to which this section applies must not be granted unless the applicant for the licence has entered into an agreement in writing with the relevant Land Council on the terms and conditions of the grant of the licence.

"(4) The applicant shall:

    (a) submit to the Land Council, in writing, a comprehensive proposal including, but not limited to, the particulars set out in paragraphs 41 (6) (a) to (f), inclusive; and

    (b) cause a copy of the proposal to be sent to the Minister.

"(5) Where the applicant and the Land Council fail to agree upon the terms and conditions within 12 months after receipt of the proposal by the Land Council, the applicant or the Land Council, or both, may, in writing, request the Minister to refer the terms and conditions to a person appointed by the Minister as a Mining Commissioner