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ABORIGINAL LAND RIGHTS (NORTHERN TERRITORY) ACT 1976 - SECT 48

No further applications within certain periods

          (1A)  Subsections (1) to (4A) have 2 separate applications as follows:

                     (a)  the first application is in relation to petroleum and for this purpose those subsections apply as if:

                              (i)  a reference to a refusal to consent to the grant of an exploration licence were a reference to a refusal to consent to the grant of an exploration licence in relation to petroleum; and

                             (ii)  a reference to an application under section 41 in respect of particular land or an area within that land were a reference to an application under section 41 in relation to petroleum in respect of that land or an area within that land;

                     (b)  the second application is other than in relation to petroleum and for this purpose those subsections apply as if:

                              (i)  a reference to a refusal to consent to the grant of an exploration licence were a reference to a refusal to consent to the grant of an exploration licence other than in relation to petroleum; and

                             (ii)  a reference to an application under section 41 in respect of particular land or an area within that land were a reference to an application under section 41 other than in relation to petroleum in respect of that land or an area within that land.

             (1)  Where a Land Council refuses to consent to the grant of an exploration licence in respect of particular land, a further application under section 41 shall not be made in respect of that land, or an area within that land, by any person except as provided in subsection (2), (3), (4) or (4A).

             (2)  Where a Land Council has refused to consent to the grant of an exploration licence, the applicant may, during the re-application period, make a further application under section 41 to the Land Council in respect of the same land or an area within that land.

Note:          See also the requirement in subsection (4B) (about having a consent to negotiate).

             (3)  Where:

                     (a)  a Land Council has refused to consent to the grant of an exploration licence;

                     (b)  at any time after the refusal, the Land Council applies to the Minister under this subsection; and

                     (c)  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, subject to subsection (3A), 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.

Note:          See also the requirement in subsection (4B) (about having a consent to negotiate).

          (3A)  However, if:

                     (a)  the refusal under paragraph (3)(a) is in relation to a body corporate; and

                     (b)  at the time the Minister is satisfied of the matters referred to in paragraph (3)(c), the body corporate has been wound up and has not assigned its rights in relation to this section;

then the Minister may, under subsection (3), authorise an application in respect of the land concerned or an area within that land to be made by any person under section 41 within the period applicable under subsection 41(2).

             (4)  Subject to subsection (4A), if:

                     (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.

Note:          See also the requirement in subsection (4B) (about having a consent to negotiate).

          (4A)  However, if:

                     (a)  the refusal under paragraph (4)(a) is in relation to a body corporate; and

                     (b)  at the start of the re-application period, the body corporate has been wound up and has not assigned its rights in relation to this section;

then an application in respect of the land concerned or an area within that land may be made by any person under section 41 within the period applicable under subsection 41(2).

Note:          See also the requirement in subsection (4B) (about having a consent to negotiate).

          (4B)  A person cannot make an application under section 41 as provided for in subsection (2), (3), (4) or (4A) of this section unless the person has in force a consent of the Northern Territory Mining Minister referred to in subsection 41(1).

             (5)  Where an exploration licence or mining interest in respect of particular land is cancelled under subsection 47(2) or (4), 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 licence 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 and conditions relating to the payment to the Land Council of an amount or amounts specified in, or determined under, the agreement.

             (9)  In this section:

                     (a)  a reference to a person, in the case of a person who has died or been wound up or has assigned his or her rights under this Part, includes a reference to the heirs, successors or assigns of the person; and

                     (b)  a reference to the re-application period, in relation to a refusal by a Land Council to consent to the grant of an exploration licence, means the period of 30 days commencing 5 years after the day on which the refusal decision was made.

Note:          Paragraph 42(1)(b) requires the Land Council to notify the applicant, the Minister and the Northern Territory Mining Minister of its refusal decision and of the day on which the refusal decision is made.



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