Document ID: chunk:federal_register_of_legislation:C2024C00794:section:41:p1
Version: federal_register_of_legislation:C2024C00794
Segment Type: section
Provision Reference: s 41 (pt 1/3)
Character Range: 213763–216476

41  Application for consent to exploration licences
 (1) Where the Northern Territory Mining Minister has given consent, whether before or after the commencement of this section, to a person's entering into negotiations with a Land Council for the consent of the Land Council to the grant to the person of an exploration licence in respect of Aboriginal land (in this section referred to as the affected land), the person may submit to that Land Council an application, in writing, for consent to the grant of that licence.
Note: If the consent of the Northern Territory Mining Minister is withdrawn, then the application is also taken to have been withdrawn: see section 41A.
 (2) The person must make the application:
 (a) within the period (the standard period) of 3 months after the consent of the Northern Territory Mining Minister was given; or
 (b) if before the end of the standard period the person requests, in writing, the Minister to extend the standard period:
 (i) if the Minister grants the request—within the extension period; or
 (ii) if the Minister refuses the request—before the end of the period of 7 days beginning on the day the person receives notice of the refusal.
 (2A) The Minister must decide any extension request within 6 weeks of receiving it. The Minister must, by notice in writing given to the person:
 (a) extend the standard period for a period not exceeding 3 months; or
 (b) refuse to extend the standard period.
 (3) If the application is not made as required by subsection (2), the consent of the Northern Territory Mining Minister under subsection (1) is taken to be withdrawn.
 (4) The Land Council must notify the Northern Territory Mining Minister of the day on which the Land Council receives the application.
 (5) The applicant must cause a copy of the application to be sent to the Minister and the Northern Territory Mining Minister.
 (6) The application must set out a comprehensive proposal which includes, but is not limited to, the following particulars:
 (a) a description of the applicant and of the business activities of the applicant;
 (b) a description of the affected land by reference to a map showing roads, topographical features, residential areas and other relevant features;
 (c) a copy of the instrument by which the consent of the Northern Territory Mining Minister was given and of any conditions relevant to the potential impact of the exploration works on the affected land and on Aboriginals, being conditions that are, under a law of the Northern Territory relating to mining for minerals, likely to be conditions to which the grant of the exploration licence will be subject;
 (d) an outline of the proposed exploration program stating, as