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

Land Council may enter agreement concerning exploration or mining of land subject to claim

             (1)  A Land Council may enter into an agreement with a person who has, under the law of the Northern Territory relating to mining, made application for an exploration licence in respect of land that is the subject of an application referred to in paragraph 50(1)(a) and is in the area of that Land Council setting out the terms and conditions to which, if the land becomes Aboriginal land before the grant of that licence, the grant of that licence will be subject.

             (2)  A Land Council may enter into an agreement with a person who holds an exploration licence in respect of land that is the subject of an application referred to in paragraph 50(1)(a) and is in the area of that Land Council setting out the terms and conditions subject to which, if the land becomes Aboriginal land, the person may carry out the exploration works authorised by the licence.

             (3)  A Land Council may enter into an agreement with a person who:

                     (a)  under the law of the Northern Territory relating to mining, holds an exploration licence in relation to land that is the subject of an application referred to in paragraph 50(1)(a) and is in the area of that Land Council; and

                     (b)  has lodged an application, under that law, for the grant of a mining interest in respect of that land;

setting out the terms and conditions to which, if the land becomes Aboriginal land before the grant of that mining interest, the grant of that mining interest will be subject.

             (4)  A Land Council shall not enter into an agreement under subsection (1), (2) or (3) in respect of an area of land unless it is satisfied that:

                     (a)  the traditional Aboriginal owners of the land understand the nature and purpose of the agreement and, as a group, consent to it; and

                     (b)  any Aboriginal community or group that may be affected by the agreement has been consulted and has had an adequate opportunity to express its views to the Land Council.

             (5)  An agreement referred to in subsection (1) or (2) is binding on the successors to the Land Council.

             (6)  Where, before an area of land became Aboriginal land, a Land Council had entered into an agreement under subsection (1) with a person who has made application for an exploration licence in respect of that land, then, for the purposes of this Part, when the land becomes Aboriginal land:

                     (a)  the consent of the Land Council to the grant of the exploration licence is not required; and

                     (b)  the agreement shall be taken, for all purposes, to be an agreement under section 44 as to terms and conditions to which the grant of that exploration licence will be subject.

             (7)  Where, before an area of land becomes Aboriginal land, a Land Council had entered into an agreement under subsection (3) with a person who has made application for the grant of a mining interest in that land, then, for the purposes of this Part, when the land becomes Aboriginal land:

                     (a)  the person shall be treated as an intending miner; and

                     (b)  the agreement shall be taken, for all purposes, to be an agreement under section 46 as to the terms and conditions to which the grant of that mining interest will be subject.



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