Document ID: chunk:federal_register_of_legislation:C2021A00132:clause:2_36
Version: federal_register_of_legislation:C2021A00132
Segment Type: clause
Provision Reference: sch 2 cl 36
Character Range: 81256–82310

36  Subsection 44A(1)
Repeal the subsection, substitute:
 (1) The terms and conditions agreed under section 42 or 43, or determined under section 44, must include terms and conditions requiring the applicant to pay compensation for damage or disturbance caused to the relevant Aboriginal land, and to the traditional Aboriginal owners of the land, by exploration activities undertaken on the land.
 (1A) Without limiting subsection (1), the terms and conditions may require the applicant to pay compensation for one or more of the following:
 (a) the value of minerals removed or proposed to be removed from the land;
 (b) deprivation of the use of the land or a part of the land;
 (c) deprivation of the use of improvements on the land as permitted by the agreement;
 (d) severance of the land from other land having the same traditional Aboriginal owners as the land concerned.
 (1B) To avoid doubt, the terms and conditions must not require the applicant to pay any amount as consideration for giving consent to the grant of the exploration licence.