Document ID: chunk:federal_register_of_legislation:C2004A03484:body:0:p19
Version: federal_register_of_legislation:C2004A03484
Segment Type: other
Provision Reference: 
Character Range: 45530–48167

or mining works to which the licence or interest relates in accordance with those terms and conditions; and
     (d) the person and the Land Council are unable to agree whether, or in what respect, the terms and conditions should be varied and the agreement does not contain any provision for variation of the agreement;
either or both of them may, by writing, request the Minister to appoint a Mining Commissioner to determine whether, and in what respect, those terms and conditions should be varied.
"(2) The Minister shall, as soon as practicable, appoint a person under section 48f as a Mining Commissioner, who shall determine the matters referred to in subsection (1).
"(3) Where the Mining Commissioner determines that the terms and conditions should be varied and determines the respects in which they should be so varied, then, if the person is willing to enter into an agreement with the Land Council to vary the terms and conditions in accordance with the determination, the Land Council shall enter into an agreement to that effect.

"(4) Where the Minister is satisfied that the Land Council has refused, or is unwilling, to enter into an agreement in the circumstances referred to in subsection (3), the Minister shall, in the name of, and on behalf of, the Land Council, enter into such an agreement.
"(5) Subsection 46 (12) applies to an agreement under section 46 as varied under this section as it applied to the agreement before it was so varied.

Application of Acts authorising mining on Aboriginal land
"48c. (1) The Atomic Energy Act 1953 or any other Act authorising mining for minerals does not apply in relation to Aboriginal land so as to authorise a person to enter or remain, or do any act, on the land unless:
     (a) the Governor-General has, by Proclamation, declared that both the Minister and the Land Council for the area in which the land is situated have consented to the application of that Act in relation to entry on that land; or
     (b) the Governor-General has, by Proclamation, declared that the national interest requires the application of that Act in relation to entry on that land.

Payments in respect of mining under Acts
"48d. (1) Where, by virtue of a Proclamation under section 48C, the Atomic Energy Act 1953 or any other Act authorising mining for minerals applies, in the manner referred to in that section, in respect of any Aboriginal land, that Act shall not be taken to authorise a person to enter or remain, or do any act, on that land unless the Commonwealth has entered into an agreement under seal with the relevant Land Council for the acceptance by the Commonwealth of