Document ID: chunk:federal_register_of_legislation:C2007C00447:clause:1_119:p1
Version: federal_register_of_legislation:C2007C00447
Segment Type: clause
Provision Reference: sch 1 cl 119 (pt 1/2)
Character Range: 93318–96096

119  Subsections 42(13), (14) and (15)
Repeal the subsections, substitute:

Standard negotiating period

 (13) Subject to subsections (15) and (17), the negotiating period for an application is the period beginning on the day the application is received by the Land Council and ending at the end of:
 (a) the period of 22 months beginning on 1 January in the calendar year after the calendar year in which the application is received by the Council; or
 (b) if, before the end of that 22 month period, the applicant and the Council agree in writing to extend that period by 2 years—that 2 year period; or
 (c) if, before the end of the following period (the agreed period):
 (i) that 2 year period;
 (ii) any 12 month period applicable under any application or applications of this paragraph;
  the applicant and the Council agree in writing to extend the agreed period by 12 months—that 12 month period.

Notification of extension agreed between the applicant and the Land Council

 (14) The Land Council must notify the Minister and the Northern Territory Mining Minister of any extension agreed under paragraph (13)(b) or (c).

Ministerial deadline

 (15) At any time during a period applicable under paragraph (13)(b) or (c), the Minister may, in writing, determine that a specified day is to be the end of the negotiating period (which must be a day at least 12 months after the day of the determination).

Consultation

 (16) The Minister must, before making a determination under subsection (15), consult the applicant, the Land Council and the Northern Territory Mining Minister. The Minister may conduct the consultation during the period applicable under paragraph (13)(a).

Special negotiating period for some applications

 (17) If:
 (a) a person makes an application (the original application) under section 41; and
 (b) subsection (1B) of this section applies in relation to the original application; and
 (c) the person makes a later application under section 41 and the comprehensive proposal set out in the later application is substantially the same as the comprehensive proposal set out in the original application;
the negotiating period for the later application is the period determined by the Minister under subsection (18).

 (18) The Minister must, in writing, determine a period for the purposes of subsection (17). The period must not be more than 12 months beginning on the day the later application is received by the Land Council.

 (18A) If:
 (a) subsection (17) applies; and
 (b) any necessary meetings of the kind referred to in subsection (4) were held in relation to the original application;
then the Land Council is not required to hold any further meeting of the kind referred to in subsection (4) in relation to the later application.