Document ID: chunk:federal_register_of_legislation:C2004A03484:body:0:p8
Version: federal_register_of_legislation:C2004A03484
Segment Type: other
Provision Reference: 
Character Range: 18120–20831

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 the period referred to in subsection (1).
"(4) Subsections 42 (4) and (5) apply for the purposes of subsection (2) as if the references to exploration proposals and the exploration program were omitted.

Determination of conditions of exploration licences
"44. (1) This section applies to a person (in this section called the 'applicant'), in relation to an area of Aboriginal land, if:
     (a) the Minister has consented under subsection 42 (8) to the grant of an exploration licence to the applicant in respect of the land and subsection 42 (7) applies; 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) Where paragraph 42 (7) (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 an arbitrator agreed upon by the parties.
"(3) A reference to an arbitrator shall be made within 30 days, or such other period as is prescribed, after this section applies to the applicant.
"(4) If:
     (a) paragraph 42 (7) (a) applies and the applicant and the Land Council fail to refer the terms and conditions as provided by subsections (2) and (3); or
     (b) 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 shall, as soon as practicable, appoint a person under section 48f as a Mining Commissioner and that person shall 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 shall notify both parties, in writing, of that opinion and, unless either party objects, shall 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 shall, as soon as practicable, appoint another person under section 48f as a Mining Commissioner and that person shall thereupon determine by arbitration the terms and conditions