Document ID: chunk:federal_register_of_legislation:C2004A03484:body:0:p7
Version: federal_register_of_legislation:C2004A03484
Segment Type: other
Provision Reference: 
Character Range: 15663–18358

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 perform its functions under this section within the period that, but for this subsection, would be the negotiating period; and
     (b) in all the circumstances of the case, it is appropriate that a longer negotiating period should apply;

the Minister may, by notice in writing to the applicant, the Land Council and the Northern Territory Mining Minister, determine the negotiating period to be a longer period specified in the notice.
"(15) Where the Land Council makes a request under subsection (14):
     (a) if, within 30 days after receiving the request, the Minister refuses to extend the negotiating period, the negotiating period shall be deemed to include the period up to the end of 7 days after the Land Council receives notice of the refusal; or
     (b) if, at the end of that 30 days, the Minister has not consented, or refused, to extend the negotiating period, the Minister shall be deemed to have refused to extend the negotiating period, but the negotiating period shall be deemed to include the period up to the end of 7 days after that 30 days.

National interest cases
"43. (1) Where the Governor-General has, under paragraph 40 (b), issued a Proclamation relating to the grant of an exploration licence to a person in respect of Aboriginal land, the person (in this section called the 'applicant') and the relevant Land Council shall, within 180 days, or such longer period as is agreed upon in writing between the applicant and the Land Council, after the Proclamation takes effect, try to agree upon the terms and conditions to which the grant will be subject.
"(2) The Land Council shall not agree upon the terms and conditions unless:
     (a) it has, as far as practicable, consulted the traditional Aboriginal owners (if any) of the land concerning the terms and conditions and it is satisfied that they understand the nature and purpose of the terms and conditions and, as a group, consent to them;
     (b) it has, as far as practicable, consulted any other Aboriginal community or group that may be affected by the grant of the licence concerning the terms and conditions and it is satisfied that the community or group has had an adequate opportunity to express its views to the Land Council; and
     (c) it is satisfied that the terms and conditions are reasonable.
"(3) Subsection 42 (14) applies for the purposes of subsection (1) as if the references to the negotiating period were references to