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ABORIGINAL LAND RIGHTS (NORTHERN TERRITORY) ACT 1976 - SECT 41

Application for consent to exploration licences

             (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 may submit to that Land Council an application, in writing, for consent to the grant of that licence.

Note:          If the consent of the Northern Territory Mining Minister is withdrawn, then the application is also taken to have been withdrawn: see section 41A.

             (2)  The person must make the application:

                     (a)  within the period (the standard period ) of 3 months after the consent of the Northern Territory Mining Minister was given; or

                     (b)  if before the end of the standard period the person requests, in writing, the Minister to extend the standard period:

                              (i)  if the Minister grants the request--within the extension period; or

                             (ii)  if the Minister refuses the request--before the end of the period of 7 days beginning on the day the person receives notice of the refusal.

          (2A)  The Minister must decide any extension request within 6 weeks of receiving it. The Minister must, by notice in writing given to the person:

                     (a)  extend the standard period for a period not exceeding 3 months; or

                     (b)  refuse to extend the standard period.

             (3)  If the application is not made as required by subsection (2), the consent of the Northern Territory Mining Minister under subsection (1) is taken to be withdrawn.

             (4)  The Land Council must notify the Northern Territory Mining Minister of the day on which the Land Council receives the application.

             (5)  The applicant must cause a copy of the application to be sent to the Minister and the Northern Territory Mining Minister.

             (6)  The application must set out a comprehensive proposal which includes, but is not limited to, the following particulars:

                     (a)  a description of the applicant and of the business activities of the applicant;

                     (b)  a description of the affected land by reference to a map showing roads, topographical features, residential areas and other relevant features;

                     (c)  a copy of the instrument by which the consent of the Northern Territory Mining Minister was given and of any conditions relevant to the potential impact of the exploration works on the affected land and on Aboriginals, being conditions that are, under a law of the Northern Territory relating to mining for minerals, likely to be conditions to which the grant of the exploration licence will be subject;

                     (d)  an outline of the proposed exploration program stating, as far as practicable, the location, and likely effect, of proposed exploration works, and including details of:

                              (i)  the anticipated period of activity upon such works;

                             (ii)  proposed and possible exploration techniques;

                            (iii)  the extent to which exploration activities will, or are likely to, affect the environment inside and outside the affected land;

                            (iv)  the proposed method and amount of vehicular access to and within the affected land with reference to any proposals to construct roads, landing strips or other access facilities;

                             (v)  the maximum number of people likely to be on the affected land from time to time;

                            (vi)  the proposed water, timber or other requirements to be obtained from the affected land; and

                           (vii)  proposals for minimising the effect of the proposed exploration works on the affected land;

                          (viii)  the estimated cost of exploration;

                            (ix)  the estimated geological potential of the area;

                             (x)  a proposal in relation to payments for exploration activities;

                            (xi)  the term of the exploration period;

                           (xii)  proposals for rehabilitation; and

                          (xiii)  proposals for minimising social impact;

                     (e)  a description, expressed as fully as practicable, of the various methods for the recovery of any minerals found as a result of the exploration;

                      (f)  the name, position and qualifications of the person or persons, not exceeding 3 in number, who will represent the applicant at meetings convened under subsection 42(4) or, if any such person is unable so to represent the applicant, of any substitute authorised to represent the applicant.

             (7)  The Land Council must determine whether it is satisfied the application complies substantially with subsection (6) and give the following written notice of the Council's determination:

                     (a)  the applicant;

                     (b)  the Minister;

                     (c)  the Northern Territory Mining Minister.

             (8)  If the Land Council determines it is not satisfied the application complies substantially with subsection (6), the application is taken not to be a valid application.

             (9)  The Land Council may, by written notice, request the applicant to give the Land Council specified information, in the form (if any) and within a period of at least 14 days specified in the notice, for the purpose of making the determination.

           (10)  If the Land Council has concerns about whether the application complies substantially with subsection (6), the Land Council may give the applicant a written notice that:

                     (a)  specifies the concerns; and

                     (b)  invites the applicant to vary the application to address the concerns; and

                     (c)  specifies a period of at least 14 days after the date of the notice within which the applicant may give the Land Council the varied application.

           (11)  The applicant may vary the application in response to the invitation by giving the Land Council the varied application before the end of the period specified under paragraph (10)(c).

           (12)  If the Land Council determines that it is satisfied the application complies substantially with subsection (6), the applicant may request, in writing, the Land Council to agree to a variation of the application in so far as it sets out the comprehensive proposal. The request must be accompanied by a copy of the application as proposed to be varied.

           (13)  The application is varied under this subsection if the Land Council agrees to the request by written notice given to the applicant. The Land Council may agree to the request only if it is satisfied that the application as proposed to be varied complies substantially with subsection (6).

           (14)  If the application is varied under subsection (11) or (13), the applicant must give the Minister and the Northern Territory Mining Minister:

                     (a)  a copy of the varied application and the notice given by the Land Council under subsection (10) or (13) (as the case requires); and

                     (b)  for a variation under subsection (11)--written notice of the date on which the varied application was given to the Land Council.



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