Document ID: chunk:federal_register_of_legislation:C2024C00794:section:48:p3
Version: federal_register_of_legislation:C2024C00794
Segment Type: section
Provision Reference: s 48 (pt 3/4)
Character Range: 257659–260292

first‑mentioned land or an area within that land.
Note: See also the requirement in subsection (4B) (about having a consent to negotiate).
 (4A) However, if:
 (a) the refusal under paragraph (4)(a) is in relation to a body corporate; and
 (b) at the start of the re‑application period, the body corporate has been wound up and has not assigned its rights in relation to this section;
then an application in respect of the land concerned or an area within that land may be made by any person under section 41 within the period applicable under subsection 41(2).
Note: See also the requirement in subsection (4B) (about having a consent to negotiate).
 (4B) A person cannot make an application under section 41 as provided for in subsection (2), (3), (4) or (4A) of this section unless the person has in force a consent of the Northern Territory Mining Minister referred to in subsection 41(1).
 (5) Where an exploration licence or mining interest in respect of particular land is cancelled under subsection 47(2) or (4), an application under section 41 or 46, as the case may be, in respect of that land, or an area within that land, shall not be made by any person within 5 years of the cancellation except with the consent of the Minister given after consultation with the Northern Territory Mining Minister.
 (6) The Minister shall not give consent under subsection (5) to a person other than the previous holder of the licence or interest unless the other person has entered into an agreement under subsection (7).
 (7) For the purposes of subsection (6), the agreement shall be an agreement with the previous holder or with his or her heirs, successors or assigns to reimburse the previous holder or his or her heirs, successors or assigns, an amount equal to the sum of the exploration expenditure reported by the previous holder in accordance with the conditions of the exploration licence or exploration retention licence held by the previous holder in respect of the land under a law of the Northern Territory relating to mining for minerals.
 (8) Without limiting the generality of the preceding subsections, the terms and conditions of an agreement under this section may include terms and conditions relating to the payment to the Land Council of an amount or amounts specified in, or determined under, the agreement.
 (9) In this section:
 (a) a reference to a person, in the case of a person who has died or been wound up or has assigned his or her rights under this Part, includes a reference to the heirs, successors or assigns of the person; and
 (b) a reference to the re‑application period, in relation to a refusal