Document ID: chunk:federal_register_of_legislation:C2004A03933:body:0:p4
Version: federal_register_of_legislation:C2004A03933
Segment Type: other
Provision Reference: 
Character Range: 7915–10615

after receipt of the proposal by the Land Council, 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.

"(6) Where such a request is made, subsections 44 (5) to (11) (inclusive) apply.

"(7) Section 44a applies, with the necessary changes, to terms and conditions agreed upon or determined under this section.

"(8) A mining interest in respect of Aboriginal land to which this section applies must not be granted to an applicant unless the relevant Land Council and the applicant have entered into an agreement in writing as to the terms and conditions of the grant of the interest.

"(9) Section 46 applies, with the necessary changes, to the grant of a mining interest in respect of the land.".

Offence in connection with mining interest

10. Section 48j of the Principal Act is amended by omitting from subsection (1) "or subsection (2)".

Functions of Commissioner

11. Section 50 of the Principal Act is amended by omitting paragraph (2e) (b).

Payments into Trust Account

12. Section 63 of the Principal Act is amended by omitting subsection (3) and substituting the following subsections:

"(3) Where, because of an increase in the rate of royalty since the commencement of this section, an amount of royalties received by the Commonwealth in respect of a mining interest in the area of Aboriginal land described in Schedule 5 is higher than the amount that, but for that increase, the Commonwealth would have received in respect of that mining interest, such part only of the increase in the amount of those royalties as is determined by the Minister is to be taken into account in calculating the amount payable into the Trust Account under subsection (2) in respect of those royalties.

"(3a) Where:

    (a) after the commencement of this subsection, a mining interest in respect of Aboriginal land in the Northern Territory has been granted under:

       (i) subsection 51 (1a) of the Lands Acquisition Act 1955 in so far as it applies by virtue of subsection 124 (8) of the Lands Acquisition Act 1989; or

       (ii) regulations made for the purposes of subsection 124 (1) of the Lands Acquisition Act 1989; and

    (b) because of an increase in the rate of royalty since the grant of the mining interest, an amount of royalties received by the Commonwealth in respect of the mining interest is higher than the amount that, but for that increase, the Commonwealth would have received in respect of that mining interest;

such part only of the increase in the amount of those royalties