Document ID: chunk:federal_register_of_legislation:C2004A03484:body:0:p18
Version: federal_register_of_legislation:C2004A03484
Segment Type: other
Provision Reference: 
Character Range: 43166–45762

conditions to which, if the land becomes Aboriginal land before the grant of that mining interest, the grant of that mining interest will be subject.
"(4) A Land Council shall not enter into an agreement under subsection (1), (2) or (3) in respect of an area of land unless it is satisfied that:
     (a) the traditional Aboriginal owners of the land understand the nature and purpose of the agreement and, as a group, consent to it; and
     (b) any Aboriginal community or group that may be affected by the agreement has been consulted and has had an adequate opportunity to express its views to the Land Council.
"(5) An agreement referred to in subsection (1) or (2) is binding on the successors to the Land Council.
"(6) Where, before an area of land became Aboriginal land, a Land Council had entered into an agreement under subsection (1) with a person

who has made application for an exploration licence in respect of that land, then, for the purposes of this Part, when the land becomes Aboriginal land:
     (a) the consent of the Land Council to the grant of the exploration licence is not required; and
     (b) the agreement shall be taken, for all purposes, to be an agreement under section 44 as to terms and conditions to which the grant of that exploration licence will be subject.
"(7) Where, before an area of land becomes Aboriginal land, a Land Council had entered into an agreement under subsection (3) with a person who has made application for the grant of a mining interest in that land, then, for the purposes of this Part, when the land becomes Aboriginal land:
     (a) the person shall be treated as an intending miner; and
     (b) the agreement shall be taken, for all purposes, to be an agreement under section 46 as to the terms and conditions to which the grant of that mining interest will be subject.

Variation of terms and conditions
"48b. (1) Where:
     (a) an agreement setting out the terms and conditions subject to which an exploration licence or mining interest will be granted to a person (in this section called 'the person') has been entered into by or on behalf of a Land Council with the person;
     (b) the licence or interest has been granted to the person;
     (c) for reasons (other than financial reasons) outside the control of the person it is not practicable for the person to carry out the exploration or mining works to which the licence or interest relates in accordance with those terms and conditions; and
     (d) the person and the Land Council are unable to agree whether, or in what respect, the terms and conditions should be