Document ID: chunk:federal_register_of_legislation:C2024C00794:section:44:p1
Version: federal_register_of_legislation:C2024C00794
Segment Type: section
Provision Reference: s 44 (pt 1/2)
Character Range: 233443–236190

44  Determination of conditions of exploration licences
 (1) This section applies to a person (in this section called the applicant), in relation to an area of Aboriginal land, if:
 (a) a Land Council is taken to have consented to the grant of an exploration licence in respect of the land under subsection 42(7) (arbitration of terms and conditions by agreement); or
 (b) section 43 applies to the applicant, but the applicant and the Land Council have failed to agree upon the terms and conditions of the grant of the licence within the period referred to in subsection 43(1).
 (2) If paragraph (1)(a) applies, the applicant and the relevant Land Council may refer the terms and conditions of the grant of the licence to be determined by arbitration in accordance with the Commercial Arbitration (National Uniform Legislation) Act 2011 (NT).
 (3) A reference to an arbitrator must be made within 30 days, or such other period as is prescribed, after this section applies to the applicant.
 (4) If paragraph (1)(b) applies, the applicant or the Land Council, or both, may, in writing, request the Minister to refer the terms and conditions to a person appointed by the Minister as a Mining Commissioner for determination by conciliation or, failing that, by arbitration.
 (5) Where a request is made to the Minister under subsection (4), the Minister must, as soon as practicable, appoint a person under section 48F as a Mining Commissioner and that person must thereupon try to determine the terms and conditions by conciliation.
 (6) If the Mining Commissioner becomes of the opinion that there is no reasonable prospect of determining the terms and conditions by conciliation, he or she must notify both parties, in writing, of that opinion and, unless either party objects, must proceed to determine by arbitration the terms and conditions that should, in his or her opinion, be acceptable to both parties.
 (7) If either party objects under subsection (6), the Minister must, as soon as practicable, appoint another person under section 48F as a Mining Commissioner and that person must thereupon determine by arbitration the terms and conditions that should, in his or her opinion, be acceptable to both parties.
 (8) In determining the terms and conditions, the Mining Commissioner must take into account:
 (a) the effect that the entry on to the relevant land and the carrying out of exploration operations on the land would have on:
 (i) the preservation and protection of the lifestyle, culture and traditions of the traditional owners of the land;
 (ii) the proposals and wishes of those owners about its management, use and control;
 (iii) the development of the social, cultural and economic structures of those owners; and
 (iv) the