(1) Where the Minister is satisfied that:
(a) a Land Council has refused, or is unwilling, to negotiate with respect of the terms and conditions of an agreement required by subsection 48D(1); or
(b) the Land Council and the Commonwealth cannot agree on the terms and conditions of the agreement;
the Minister may, after consultation with the Land Council, arrange for a person to be appointed as a Mining Commissioner, in accordance with section 48F, to determine the terms and conditions that, in the opinion of the Mining Commissioner, should be acceptable to both parties for the purposes of this subsection.
(2) Where the Mining Commissioner has determined the terms and conditions of the agreement and the Commonwealth is willing to enter into the agreement with the Land Council, the Land Council shall enter into the agreement.
(3) Where the Minister is satisfied that the Land Council has refused, or is unwilling, to enter into the agreement under subsection (2), the Minister may, in the name of, and on behalf of, the Land Council, enter into the agreement.