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Aboriginal Land Rights (Northern Territory) Amendment Act 1989

No. 2 of 1990

An Act to amend the Aboriginal Land Rights (Northern Territory) Act 1976

[Assented to 17 January 1990]

BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:

Short title etc.

1. (1) This Act may be cited as the Aboriginal Land Rights (Northern Territory) Amendment Act 1989.

(2) In this Act, "Principal Act" means the Aboriginal Land Rights (Northern Territory) Act 19761.

Commencement

2. This Act commences on the day on which it receives the Royal Assent.

Interpretation

3. Section 3 of the Principal Act is amended:

    (a) by inserting in the definition of "exploration retention lease" in subsection (1) "or exploration retention licence" after "lease" (second occurring);

    (b) by omitting from subsection (1) the definitions of "exploration licence", "intending miner" and "mining interest" and substituting respectively the following definitions:

" 'exploration licence' includes:

          (a) a prospecting authority; and

            (b) a permit in respect of land under the Petroleum (Prospecting and Mining) Act 1954 of the Northern Territory; and

            (c) a permit granted under the Petroleum Act 1984 of the Northern Territory; and

            (d) a right to explore for minerals under:

               (i) if subsection 53 (2a) of the Lands Acquisition Act 1955 applies by virtue of subsection 124 (8) of the Lands Acquisition Act 1989—the first- mentioned subsection; or

               (ii) if subparagraph (i) does not apply—regulations made for the purposes of subsection 124 (1) of the Lands Acquisition Act 1989;

'intending miner', in respect of Aboriginal land, means:

            (a) a person who makes application, under a law of the Northern Territory relating to mining for minerals, for the grant of a mining interest in respect of that land, while the person:

               (i) holds an exploration licence under that law in respect of that land; or

               (ii) being a person who has held an exploration licence in respect of that land, holds under that law an exploration retention lease or exploration retention licence, or has made an application for the grant of such a lease or licence, in respect of that land or a part of that land; or

            (b) a person who:

               (i) if subsections 51 (1a) and 53 (2a) of the Lands Acquisition Act 1955 apply by virtue of subsection 124 (8) of the Lands Acquisition Act 1989—makes an application, under subsection 51 (1a) of the first-mentioned Act for the grant of a lease or licence to mine for

                minerals on that land, while the person holds, under subsection 53 (2a) of that Act, a right to explore for minerals on that land; or

                (ii) if subparagraph (i) does not apply—makes an application for the grant,