Document ID: chunk:federal_register_of_legislation:C2024C00794:section:46:p3
Version: federal_register_of_legislation:C2024C00794
Segment Type: section
Provision Reference: s 46 (pt 3/4)
Character Range: 245118–247820

(b) notify the Minister, through the Land Council, of that decision.
 (7) If the intending miner and the Land Council fail, within the period referred to in subsection (3), to agree upon the terms and conditions, either or both of them may, by writing, request the Minister to refer the matters in dispute to a person appointed as a Mining Commissioner for resolution of those matters by conciliation, or, failing that, by arbitration.
 (8) Where a request is made to the Minister under subsection (7), the Minister shall, as soon as practicable, arrange for a person to be appointed as a Mining Commissioner under section 48F and that person shall thereupon try, by conciliation, to assist the intending miner and the Land Council to resolve the matters in dispute.
 (9) If the Mining Commissioner becomes of the opinion that there is no reasonable prospect, by conciliation, of assisting the intending miner and the Land Council to resolve any matters in dispute between them, he or she shall notify both parties, in writing, that he or she is so satisfied and, unless either party objects, proceed, by arbitration of the matters in dispute, to determine the terms and conditions that should, in his or her opinion, be acceptable to both parties.
 (10) If either party objects under subsection (9), the Minister shall, as soon as practicable, arrange for another person to be appointed as a Mining Commissioner under section 48F and that person shall, by arbitration of the matters in dispute, determine the terms and conditions that should, in his or her opinion, be acceptable to both parties.
 (11) The Mining Commissioner shall determine terms and conditions that are fair and reasonable and that, in his or her opinion, should have been negotiated by the parties in commercial arms' length negotiations conducted in good faith.
 (12) Where the intending miner is willing to enter into an agreement with the Land Council setting out the terms and conditions determined under this section, the Land Council shall enter into that agreement.
 (13) 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 (12), the Minister shall, in the name of, and on behalf of, the Land Council, enter into such an agreement.
 (14) Where an agreement is entered into under this section concerning the terms and conditions, the terms and conditions are binding upon the parties and their heirs, successors or assigns.
 (15) Nothing in this Part shall be taken to imply that the intending miner must enter into an agreement with the Land Council to give effect to any terms and conditions determined by the Mining