Document ID: chunk:federal_register_of_legislation:C2004A03484:body:0:p16
Version: federal_register_of_legislation:C2004A03484
Segment Type: other
Provision Reference: 
Character Range: 38356–41103

the Minister, after consultation with the Commonwealth Minister responsible for mineral resources matters and the Northern Territory Mining Minister, is satisfied on reasonable grounds that:
         (i) the refusal was for a reason or reasons other than a desire to maximise the amount of financial compensation to be received, whether at the exploration or the mining stage;
         (ii) the circumstances or concern that resulted in the refusal are no longer applicable; and
         (iii) the public interest requires that a further application under section 41 be made in respect of the same land or an area within that land;

the Minister shall authorise such an application to be made:
     (d) within 90 days—by the original applicant; or
     (e) if the original applicant fails to apply within that period or notifies the Minister that he or she does not intend to apply—by any other person.
"(4) Where:
     (a) a Land Council has refused to consent to the grant of an exploration licence in respect of particular land; and
     (b) the applicant:
         (i) has failed during the re-application period to make an application under subsection (2); or
         (ii) has notified the Minister in writing within that period of the intention not to make such an application;
a person other than the applicant may apply to the Land Council for consent under section 41 in respect of the first-mentioned land or an area within that land.
"(5) Where an exploration licence or mining interest in respect of particular land is cancelled under subsection 47 (6) or (7), 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 lease 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