Document ID: chunk:federal_register_of_legislation:C2004A03484:body:0:p15
Version: federal_register_of_legislation:C2004A03484
Segment Type: other
Provision Reference: 
Character Range: 35878–38631

(1) (b); and
     (b) the national interest does not require that the exploration works should proceed.
"(3) Where an intending miner causes a copy of a statement of mining proposals to be sent to the Minister under subsection 46 (2), the Minister shall, within 90 days after receiving the notice, determine whether subsection (4) of this section applies.
"(4) This subsection applies if the Minister is satisfied that:
     (a) the proposed mining works or related activities are not in accordance with the description set out under paragraph 41 (6) (e) in respect of the application relating to the relevant exploration licence;

     (b) the Land Council consented to the grant of the exploration licence;
     (c) the works or activities are causing, or are likely to cause, a significant impact on the affected land and on Aboriginals, to the extent that the Land Council would not have consented to the grant of the licence (whether or not it actually did so consent); and
     (d) the national interest does not require that the works or activities should proceed.
"(5) If the Minister determines that subsection (2) or (4) applies, the Minister shall inform the Land Council and the licence-holder or intending miner, as the case may be.
"(6) If the Minister determines that subsection (2) applies, the exploration licence is cancelled by force of this subsection.
"(7) If the Minister determines that subsection (4) applies:
     (a) if the mining interest applied for has not yet been granted—the application shall not be granted; or
     (b) if the mining interest has been granted—the interest is cancelled by force of this subsection.

No further applications within certain periods
"48. (1) Where a Land Council refuses to consent to the grant of an exploration licence in respect of particular land, a further application under section 41 shall not be made in respect of that land, or an area within that land, by any person except as provided in subsection (2), (3) or (4).
"(2) Where a Land Council has refused to consent to the grant of an exploration licence, the applicant may, during 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.
"(3) Where:
     (a) a Land Council has refused to consent to the grant of an exploration licence;
     (b) not less than 2 years from 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