Document ID: chunk:federal_register_of_legislation:C2007C00447:clause:6_224:p1
Version: federal_register_of_legislation:C2007C00447
Segment Type: clause
Provision Reference: sch 6 cl 224 (pt 1/3)
Character Range: 138287–140944

224  Application and transitional—mining

Applications for consent to grant of exploration licence

(1) The amendments made by items 104, 108, 109 and 119 apply in relation to applications made under subsection 41(1) of the Aboriginal Land Rights (Northern Territory) Act 1976 after the commencement of those items.

(2) The amendment made by item 111 applies in relation to decisions made by a Land Council after the commencement of that item.

(3) The amendment made by item 116 applies in relation to decisions made by the Minister after the commencement of that item.

(4) If:
 (a) within the period of 12 months before the commencement of this item, an application was made under section 41 of the Aboriginal Land Rights (Northern Territory) Act 1976; and
 (b) immediately before that commencement, the Land Council had not made a decision in relation to the application under subsection 42(1) of that Act;
then subsections 42(13) to (20) of that Act, as inserted by this Act, are taken to apply in relation to the application.

(5) If:
 (a) outside the period of 12 months before the commencement of this item, an application was made under section 41 of the Aboriginal Land Rights (Northern Territory) Act 1976; and
 (b) before that commencement, the applicant and the Land Council concerned had agreed to a period (the agreed period) under paragraph 42(13)(b) of that Act; and
 (c) the day before that commencement was within the agreed period and before the end of that day the Land Council had not made a decision in relation to the application under subsection 42(1) of that Act;
then:
 (d) subject to paragraph (e), subsections 42(13) to (20) of that Act, as inserted by this Act, are taken to apply in relation to the application; and
 (e) on the day this item commences, the applicant and the Land Council concerned are taken to have agreed (under paragraph 42(13)(b) of that Act as inserted by this Act) to a 2 year extension beginning on the day this item commences.

(6) If:
 (a) outside the period of 12 months before the commencement of this item, an application was made under section 41 of the Aboriginal Land Rights (Northern Territory) Act 1976; and
 (b) before that commencement, the Minister had determined a period (the determined period) under paragraph 42(13)(c) of that Act; and
 (c) the day before that commencement was within the determined period and before the end of that day the Land Council had not made a decision in relation to the application under subsection 42(1) of that Act;
then:
 (d) subject to paragraph (e), subsections 42(13) to (20) of that Act, as inserted by this Act, are taken to apply in relation to the