(1) If a Mining Commissioner is to be appointed for purposes relating to an exploration licence, the Minister shall appoint:
(a) a person who holds, or has held, office as a Judge of the Federal Court of Australia; or
(b) a legal practitioner of at least 5 years standing; or
(c) a Fellow of the Institute of Arbitrators and Mediators Australia; or
(d) a person prescribed by the regulations.
(2) If a Mining Commissioner is to be appointed for purposes relating to a mining interest, the Minister shall notify the Attorney-General who shall, after consultation with the Commonwealth Ministers respectively responsible for Aboriginal affairs matters and mineral resources matters, appoint a person who holds, or has held office, as a Judge of the Federal Court of Australia.
(3) The Minister shall not appoint a Mining Commissioner for a purpose relating to an exploration licence unless the Minister has submitted the names of not less than 3 persons having the qualifications set out in subsection (1) to the Land Council and the applicant referred in section 42 or 44, or to the Land Council and the person referred to in section 48B, as the case may be.
(4) Where the Minister has submitted the names of persons to a Land Council, or to a Land Council and another person, under subsection (3), the Minister shall appoint as a Mining Commissioner:
(a) if the Minister is satisfied that the Land Council, or that the Land Council and that other person, as the case requires, agree to the appointment of one of the persons whose names have been so submitted--the person so agreed upon; or
(b) if the Minister is satisfied that there is no reasonable prospect that the Land Council or the Land Council and that other person, as the case requires, will so agree--a person having the qualifications set out in subsection (1) whom the Minister considers suitable to be so appointed.
(5) In the performance by a Mining Commissioner of an arbitration function relating to an exploration licence, the Mining Commissioner shall be assisted by 2 persons appointed for that purpose by the Minister.
(6) Of the persons appointed under subsection (5), one shall be nominated, in writing, by the Land Council concerned and the other shall be nominated, in writing, by the Northern Territory Minerals Council (Incorporated).