Document ID: chunk:federal_register_of_legislation:C2024C00794:section:42:p1
Version: federal_register_of_legislation:C2024C00794
Segment Type: section
Provision Reference: s 42 (pt 1/4)
Character Range: 220847–223595

42  Response of Land Council and Minister to application
 (1) Where a Land Council receives an application under section 41 for consent to the grant of an exploration licence in respect of particular land, it must, before the end of the negotiating period in respect of that application:
 (a) by notice in writing, either consent, or refuse to consent, to the grant of an exploration licence authorising the proposed exploration program in respect of that land or of a part of that land; and
 (b) notify the applicant, the Minister and the Northern Territory Mining Minister, in writing, of its decision and of the day on which the decision is made.
 (1AA) The Land Council must notify the applicant, the Minister and the Northern Territory Mining Minister of its decision within 7 days of making the decision.
 (1A) A notice under paragraph (1)(a) is not a legislative instrument.
 (1B) If the Land Council does not make a decision under paragraph (1)(a) before the end of the negotiating period, the consent of the Northern Territory Mining Minister referred to in subsection 41(1) is taken to be withdrawn at the end of that period.
 (2) The Land Council must not consent to the grant of the licence unless it has, before the end of the negotiating period, to the extent practicable:
 (a) consulted the traditional Aboriginal owners (if any) of the land to which the application relates concerning:
 (i) the exploration proposals; and
 (ii) the terms and conditions to which the grant of the licence may be subject; and
 (b) consulted any Aboriginal community or group that may be affected by the grant of the licence to ensure that the community or group has had an adequate opportunity to express to the Land Council its views concerning the terms and conditions.
 (3) The Land Council must not refuse to consent to the grant of the licence unless it has, before the end of the negotiating period, to the extent practicable, consulted the traditional Aboriginal owners (if any) of the land to which the application relates concerning the matters referred to in paragraph (2)(a).
 (4) To facilitate consultation between the Land Council and the traditional Aboriginal owners, the Land Council must:
 (a) subject to subsection (4A), convene such meetings with them, after the Land Council determines under subsection 41(7) that it is satisfied the application complies substantially with subsection 41(6), as the Land Council considers appropriate for the purposes of considering the exploration proposals and the terms and conditions; and
 (b) give reasonable notice to:
 (i) the applicant before any meeting the applicant is entitled to attend; and
 (ii) the Minister before any meeting a person authorised under subsection (4D) is entitled to