Document ID: chunk:federal_register_of_legislation:C2004A03484:body:0:p20
Version: federal_register_of_legislation:C2004A03484
Segment Type: other
Provision Reference: 
Character Range: 47947–50662

not be taken to authorise a person to enter or remain, or do any act, on that land unless the Commonwealth has entered into an agreement under seal with the relevant Land Council for the acceptance by the Commonwealth of such terms and conditions as are provided for in the agreement, including terms and conditions relating to the payment to the Land Council by the Commonwealth of an amount or amounts specified in, or ascertained in accordance with, the agreement.
"(2) An agreement under subsection (1) may make provision for the distribution of any money paid to the Land Council under the agreement to or for the benefit of such groups of Aboriginals as are specified in the agreement.
"(3) Where a Land Council, in entering into an agreement under subsection (1), fails to comply with subsection 23 (3) in respect of Aboriginal land to which the agreement relates, that failure does not invalidate the entry by the Land Council into the agreement.
"(4) A payment by the Commonwealth under an agreement under this section shall be made out of money appropriated by the Parliament for the purpose.

Arbitration on required agreement
"48e. (1) Where the Minister is satisfied that:
     (a) a Land Council has refused, or is unwilling, to negotiate with respect of the terms and conditions of an agreement required by subsection 48d (1); or
     (b) the Land Council and the Commonwealth cannot agree on the terms and conditions of the agreement;
the Minister may, after consultation with the Land Council, appoint a person as a Mining Commissioner, in accordance with section 48f, to determine the terms and conditions that, in the opinion of the Mining Commissioner, should be acceptable to both parties for the purposes of this subsection.
"(2) Where the Mining Commissioner has determined the terms and conditions of the agreement and the Commonwealth is willing to enter into the agreement with the Land Council, the Land Council shall enter into the agreement.
"(3) Where the Minister is satisfied that the Land Council has refused, or is unwilling, to enter into the agreement under subsection (2), the Minister may, in the name of, and on behalf of, the Land Council, enter into the agreement.

Appointment as Mining Commissioner
"48f. (1) Where the Minister is required to appoint a Mining Commissioner for purposes relating to an exploration licence, the Minister shall appoint:
     (a) a person who holds, or has held, office as a Judge of the Federal Court of Australia;
     (b) a legal practitioner of at least 5 years standing; or
     (c) a Fellow of the Institute of Arbitrators Australia.
"(2) Where the Minister is required to appoint a Mining Commissioner for purposes relating to a mining