Document ID: chunk:federal_register_of_legislation:C2004A03484:body:0:p14
Version: federal_register_of_legislation:C2004A03484
Segment Type: other
Provision Reference: 
Character Range: 33292–36112

"(16) Where:
     (a) the Mining Commissioner has, under this section, determined the terms and conditions; and
     (b) the intending miner has withdrawn the application for the grant of the mining interest because the intending miner is unwilling to accept the terms and conditions so determined;
the Minister shall not consent to the grant to another intending miner of a mining interest that will enable the mining of a mineral deposit on the same land, being a deposit that was delineated by a previous intending miner (whether the first-mentioned intending miner or not), unless the Minister is satisfied that the other intending miner has entered into an agreement described in subsection (17).

"(17) For the purposes of subsection (16), the agreement shall be an agreement with the previous intending miner or with the heirs, successors or assigns of the previous intending miner to reimburse the previous intending miner, or the heirs, successors or assigns of the previous intending miner, an amount equal to the sum of the exploration expenditure reported by the previous intending miner in accordance with the conditions of the exploration licence or exploration retention lease held by the previous intending miner in respect of the land under a law of the Northern Territory relating to mining for minerals.
"(18) Without limiting the generality of the preceding subsections, the terms and conditions of an agreement under this section shall include terms and conditions relating to the payment to the Land Council of an amount or amounts specified in, or determined under, the agreement.

Vitiation of consent
"47. (1) Where:
     (a) a Land Council has consented to the grant of an exploration licence; and
     (b) the Land Council, by notice in writing to the Minister, states that:
         (i) the licence-holder is conducting, or is likely to conduct, exploration works otherwise than in accordance with the proposed exploration program referred to in the application for that consent; and
         (ii) the exploration works are causing, or are likely to cause, a significant impact on the affected land and on Aboriginals, to the extent that the Land Council would not have consented to the grant of the licence (whether or not it actually did so consent);
the Minister shall, within 90 days after the receipt of the notice, consult with the Northern Territory Mining Minister and determine whether subsection (2) applies.
"(2) This subsection applies if the Minister is satisfied that:
     (a) the Land Council was entitled to make a statement under paragraph (1) (b); and
     (b) the national interest does not require that the exploration works should proceed.
"(3) Where an intending miner causes a copy of a statement of mining proposals to be sent to the Minister under subsection 46 (2),