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ABORIGINAL LAND RIGHTS (NORTHERN TERRITORY) ACT 1976 - SECT 44A

Terms and conditions of exploration licences

             (1)  The terms and conditions agreed upon under section 42 or 43, or determined under section 44, shall include terms and conditions requiring the payment by the applicant of 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, but shall not include compensation for the value of minerals removed or proposed to be removed from the land or for any other purpose or consideration for giving consent to the grant of the exploration licence.

             (2)  Where an agreement is entered into under this Part concerning the terms and conditions, the terms and conditions shall remain in force during the period that:

                     (a)  the exploration licence;

                     (b)  if an exploration retention licence is applied for or granted in respect of the whole or a part of the land to which the exploration licence relates--that application or exploration retention licence; or

                     (c)  if an exploration retention licence granted in respect of the whole or a part of the land to which the exploration licence relates is renewed--that exploration retention licence as so renewed;

is held by the applicant or by the heirs, successors or assigns of that person and such period (if any) immediately following that period as is specified in the agreement.

             (3)  Without limiting the generality of references in subsection (1) to compensation for damage or disturbance caused to land, those references include references to compensation for:

                     (a)  deprivation of the use of the land or a part of the land;

                     (b)  deprivation of the use of improvements on the land as permitted by the agreement; or

                     (c)  severance of the land from other land having the same traditional Aboriginal owners as the land concerned.



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