Document ID: chunk:federal_register_of_legislation:C2004A03484:body:0:p2
Version: federal_register_of_legislation:C2004A03484
Segment Type: other
Provision Reference: 
Character Range: 2874–5602

a law of the Northern Territory relating to mining for minerals, for the grant of a mining interest in respect of that land; and
            (b) who, on the day on which the person lodges that application:
               (i) holds an exploration licence in respect of that land; or
               (ii) being a person who has held an exploration licence in respect of that land, holds an exploration retention lease, or an application for the grant of such a lease, in respect of that land or a part of that land;
     (c) by adding at the end of the definition of "mining interest" in subsection (1) ", but in Part IV does not include an exploration licence or exploration retention lease"; and
     (d) by inserting after the definition of "National Parks Act" in subsection (1) the following definition:
         " 'Northern Territory Mining Minister' means the person holding ministerial office under section 36 of the Northern Territory (Self-Government) Act 1978 who is responsible for the administration of the law of the Northern Territory relating to mining for minerals;".

Application of money of Land Council
4. Section 35 of the Principal Act is amended by omitting from subsection (3) "43 or 44" and substituting "42, 43, 44, 46, 48a, 48b or 48d".

5. Part IV of the Principal Act is repealed and the following Part is substituted:

"PART IV—MINING

Grants of exploration licences
"40. An exploration licence shall not be granted to a person in respect of Aboriginal land unless:
     (a) both the Minister and the Land Council for the area in which the land is situated have consented, in writing, to the grant of the licence; or
     (b) the Governor-General has, by Proclamation, declared that the national interest requires that the licence be granted;
and the Land Council and the person have entered into an agreement under section 44 as to the terms and conditions to which the grant of the licence will be subject.

Application for consent to exploration licences
"41. (1) Where the Northern Territory Mining Minister has given consent, whether before or after the commencement of this section, to a person's entering into negotiations with a Land Council for the consent of the Land Council to the grant to the person of an exploration licence in respect of Aboriginal land (in this section referred to as the 'affected land'), the person shall submit to that Land Council an application, in writing, for consent to the grant of that licence.
"(2) The application shall be made:
     (a) if the applicant received the consent of the Northern Territory Mining Minister before the commencement of this section, but has not previously applied to the Land Council under this section in relation to the affected