Document ID: chunk:federal_register_of_legislation:C2004A02273:body:0:p4
Version: federal_register_of_legislation:C2004A02273
Segment Type: other
Provision Reference: 
Character Range: 6931–9643

the action that has resulted in the proposed contract, complied with any duty imposed on it by subsection 23(3).".

Payments in respect of granting of mining interests
6. Section 43 of the Principal Act is amended by adding at the end thereof the following sub-section:
"(5) Where a Land Council, in entering into an agreement under subsection (1) or (2), fails to comply with sub-section 23(3), with respect to the Aboriginal land to which the agreement relates, that failure does not invalidate the entering into the agreement by the Land Council.".

Payments in respect of mining under Acts
7. Section 44 of the Principal Act is amended by inserting after sub-section (3) the following sub-section:
"(3a) Where a Land Council, in entering into an agreement under subsection (1) or (2), fails to comply with sub-section 23(3), with respect to the Aboriginal land to which the agreement relates, that failure does not invalidate the entering into the agreement by the Land Council.".

8. After section 46 of the Principal Act the following section is inserted:

Agreements for entry on Aboriginal land
"46a. (1) An agreement under section 43, 44, 45 or 46 may include provisions regulating or authorizing the entry of persons on Aboriginal land for purposes relating to the subject matter of the agreement.
"(2) Without affecting the generality of sub-section (1), an agreement referred to in that sub-section may provide for the issue of permits by the Land Council concerned to persons wishing to enter on Aboriginal land for purposes relating to the subject matter of the agreement.
"(3) The issuing and revocation of permits referred to in sub-section (2) shall be in accordance with the terms of the relevant agreement and not otherwise.".

Consent of Land Council to reflect views of traditional Aboriginal owners
9. Section 48 of the Principal Act is amended by adding at the end thereof the following sub-section:
"(2) Where a Land Council, in giving a consent referred to in sub-section (1), fails to comply with that sub-section, that failure does not invalidate the giving of that consent.".

Deed of grant delivered before the commencement of this section
10. (1) Where, before the commencement of this section, a deed of grant of land that was, or formed part of, an area of land described in Schedule 1 to the Aboriginal Land Rights (Northern Territory) Act 1976 (in this section referred to as "the first deed of grant" in relation to the land) has been delivered by the Governor-General to the grantee or to the Land Council concerned, the Minister shall, as soon as practicable after the commencement of this section, recommend to the Governor-General that a grant of an estate in fee simple in