Commonwealth Consolidated Acts

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Variation of terms and conditions

             (1)  Where:

                     (a)  an agreement setting out the terms and conditions subject to which an exploration licence or mining interest will be granted to a person (in this section called the person ) has been entered into by or on behalf of a Land Council with the person;

                     (b)  the licence or interest has been granted to the person;

                     (c)  for reasons (other than financial reasons) outside the control of the person it is not practicable for the person to carry out the exploration or mining works to which the licence or interest relates in accordance with those terms and conditions; and

                     (d)  the person and the Land Council are unable to agree whether, or in what respect, the terms and conditions should be varied and the agreement does not contain any provision for variation of the agreement;

either or both of them may, by writing, request the Minister to arrange for a person to be appointed as a Mining Commissioner to determine whether, and in what respect, those terms and conditions should be varied.

             (2)  The Minister shall, as soon as practicable, arrange for a person to be appointed under section 48F as a Mining Commissioner, who shall determine the matters referred to in subsection (1).

             (3)  Where the Mining Commissioner determines that the terms and conditions should be varied and determines the respects in which they should be so varied, then, if the person is willing to enter into an agreement with the Land Council to vary the terms and conditions in accordance with the determination, the Land Council shall enter into an agreement to that effect.

             (4)  Where the Minister is satisfied that the Land Council has refused, or is unwilling, to enter into an agreement in the circumstances referred to in subsection (3), the Minister shall, in the name of, and on behalf of, the Land Council, enter into such an agreement.

             (5)  Subsection 46(12) applies to an agreement under section 46 as varied under this section as it applied to the agreement before it was so varied.

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