Document ID: chunk:federal_register_of_legislation:C2004A03484:body:0:p6
Version: federal_register_of_legislation:C2004A03484
Segment Type: other
Provision Reference: 
Character Range: 13206–15922

agreed with the applicant upon the terms and conditions.
"(7) If:
     (a) at any time within the negotiating period, the Land Council notifies the Minister in writing that the Land Council and the applicant agree that the terms and conditions should be dealt with by arbitration; or
     (b) at the end of the negotiating period, the Land Council has neither consented, nor refused to consent, to the grant of the licence;
the Land Council shall, for the purposes of this Part, be deemed to consent to the grant of the licence.

"(8) Where the Land Council consents to the grant of the licence, the Minister shall determine whether he or she also consents to the grant, and shall notify the applicant and the Land Council, in writing, accordingly, within 30 days, or such other period as is prescribed, after:
     (a) the receipt by the Minister of the notice under subsection (1); or
     (b) the day on which the Land Council was, under subsection (7), deemed to consent to the grant of the licence.
"(9) If the Minister fails to comply with subsection (8), the Minister shall be deemed to consent to the grant of the licence.
"(10) Where the Minister consents to the grant of the licence, he or she shall notify the applicant, the Northern Territory Mining Minister and the Land Council, in writing, accordingly.
"(11) If paragraph 42 (7) (a) does not apply, the applicant and the Land Council may at any time during the negotiating period:
     (a) appoint a person agreed upon by the parties; or
     (b) request the Minister in writing to appoint a person as a Mining Commissioner;
to try to determine the terms and conditions by conciliation.
"(12) Where a request is made to the Minister under paragraph (11) (b), the Minister shall, as soon as practicable, appoint a person under section 48f as a Mining Commissioner and that person shall try to determine the terms and conditions by conciliation.
"(13) In this section:
     'negotiating period' means whichever of the following periods is the longest:
         (a) 12 months;
         (b) if, before the end of that period of 12 months, the applicant and the Land Council agree in writing on a longer period— that longer period;
         (c) if the Minister determines a longer period under subsection (14)—that longer period; or
         (d) if the period is extended by subsection (15)—the period as so extended;
      after the application is received by the Land Council.
"(14) Where, upon receiving a request from the Land Council within what would otherwise be the negotiating period and having consulted with the Northern Territory Mining Minister, the Minister is satisfied that:
     (a) it is not reasonably practicable for the Land Council to