Document ID: chunk:federal_register_of_legislation:C2024C00794:section:46:p2
Version: federal_register_of_legislation:C2024C00794
Segment Type: section
Provision Reference: s 46 (pt 2/4)
Character Range: 242618–245348

of the statement or, if a longer period is agreed upon, in writing, between the intending miner and the Land Council, that longer period, to agree upon the terms and conditions to which the grant of the mining interest will be subject.
 (4) Subject to subsections (7) to (11), inclusive, the Land Council shall not agree upon the terms and conditions unless:
 (a) it has, as far as practicable, consulted the traditional Aboriginal owners (if any) of the land concerning the terms and conditions and it is satisfied that they understand the nature and purpose of the terms and conditions and, as a group, consent to them;
 (b) it has, as far as practicable, consulted any other Aboriginal community or group that may be affected by the grant of the mining interest concerning the terms and conditions and it is satisfied that the community or group has had an adequate opportunity to express its view to the Land Council; and
 (c) it is satisfied that the terms and conditions are reasonable.
 (5) In order to facilitate consultation between the Land Council and the traditional Aboriginal owners:
 (a) the Land Council shall convene such meetings with them as it considers necessary to consider the intending miner's mining proposals and discuss the terms and conditions;
 (b) the Land Council shall give reasonable notice to the applicant and the Minister before each meeting which the applicant and the Minister are entitled to attend;
 (c) the representatives of the intending miner may attend so much of the first meeting as is appropriate in order to present and explain the intending miner's mining proposals and to outline the intending miner's views concerning the terms and conditions; and
 (d) except where the traditional Aboriginal owners as a group decide, and, through the Land Council, notify the intending miner that the representatives of the intending miner may not attend a subsequent meeting that is so convened—the representatives may attend so much of that subsequent meeting as is appropriate in order further to explain those mining proposals or further to discuss the terms and conditions.
 (6) The Minister may, in writing, authorise a specified person, or any person included in a specified class of persons, to:
 (a) attend the first meeting; and
 (b) attend any subsequent meeting.
 (6A) However, a person covered by subsection (6) must not attend any subsequent meeting if the traditional Aboriginal owners as a group:
 (a) decide that the person must not attend; and
 (b) notify the Minister, through the Land Council, of that decision.
 (7) If the intending miner and the Land Council fail, within the period referred to in subsection (3), to agree upon the terms and conditions, either or both of