Document ID: chunk:federal_register_of_legislation:C2004A03484:body:0:p10
Version: federal_register_of_legislation:C2004A03484
Segment Type: other
Provision Reference: 
Character Range: 23141–25886

of exploration licences
"44a. (1) The terms and conditions agreed upon under section 42 or 43, or determined under section 44, shall include terms and conditions requiring the payment by the applicant of compensation for damage or disturbance caused to the relevant Aboriginal land, and to the traditional Aboriginal owners of the land, by exploration activities undertaken on the land, but shall not include compensation for the value of minerals removed

or proposed to be removed from the land or for any other purpose or consideration for giving consent to the grant of the exploration licence.
"(2) Where an agreement is entered into under this section concerning the terms and conditions, the terms and conditions shall remain in force during the period that:
     (a) the exploration licence;
     (b) if an exploration retention lease is applied for or granted in respect of the whole or a part of the land to which the exploration licence relates—that application or lease; or
     (c) if an exploration retention lease granted in respect of the whole or a part of the land to which the exploration licence relates is renewed—that exploration retention lease as so renewed;
is held by the applicant or by the heirs, successors or assigns of that person.
"(3) Without limiting the generality of references in subsection (1) to compensation for damage or disturbance caused to land, those references include references to compensation for:
     (a) deprivation of the use of the land or a part of the land;
     (b) deprivation of the use of improvements on the land as permitted by the agreement; or
     (c) severance of the land from other land having the same traditional Aboriginal owners as the land concerned.

Mining interest not to be granted in certain circumstances
"45. A mining interest shall not be granted to an intending miner in respect of Aboriginal land unless:
     (a) the relevant Land Council and the intending miner have entered into an agreement under section 46 as to the terms and conditions to which the grant of the mining interest will be subject; and
     (b) the Minister has consented, in writing, to the grant of that mining interest.

Terms and conditions to which grant of mining interest subject
"46. (1) An intending miner who seeks the grant of a mining interest in respect of Aboriginal land in respect of which that intending miner holds or held an exploration licence or an exploration retention lease (whether that licence or lease was granted before or after the land became Aboriginal land) shall submit to the relevant Land Council a statement, in writing, setting out:
     (a) a comprehensive proposal in relation to the mining works that the intending miner proposes to conduct on the land