ABORIGINAL LAND RIGHTS (NORTHERN TERRITORY) ACT 1976 - SECT 47 Cancellation of exploration licence or mining interest

ABORIGINAL LAND RIGHTS (NORTHERN TERRITORY) ACT 1976 - SECT 47

Exploration works

  (1)   If:

  (a)   a Land Council has consented to the grant of an exploration licence (including because of the operation of subsection   42(7)); and

  (b)   the Council, by notice in writing to the Minister, states that:

  (i)   the licence - holder is conducting, or is likely to conduct, exploration works otherwise than in accordance with the proposed exploration program referred to in the application for that consent (including the application as varied under subsection   41(11) or (13)); and

  (ii)   the exploration works are causing, or are likely to cause, a significant impact on the affected land and on Aboriginals, to the extent that the Council would not have consented to the grant of the licence;

the Minister must, within 90 days after receiving the notice:

  (c)   consult the Northern Territory Mining Minister; and

  (d)   determine, in writing, whether the Minister is satisfied that the Council was entitled to make the statement; and

  (e)   determine, in writing, whether the Minister is satisfied that the national interest does not require that the exploration works should proceed.

  (2)   If the Minister determines that he or she is satisfied of the matters in paragraphs   (1)(d) and (e):

  (a)   the Minister must inform the Land Council, the Northern Territory Mining Minister and the licence - holder; and

  (b)   the exploration licence is cancelled under this subsection.

Mining works or activities

  (3)   If an intending miner causes a copy of a statement of mining proposals to be sent to the Minister under subsection   46(2), the Minister must, within 90 days after receiving the statement:

  (aa)   consult the Northern Territory Mining Minister; and

  (a)   determine, in writing, whether the Minister is satisfied that:

  (i)   the proposed mining works or related activities are not in accordance with the description set out under paragraph   41(6)(e) in respect of the application relating to the relevant exploration licence (including the application as varied under subsection   41(11) or (13)); and

  (ii)   the Land Council consented to the grant of the licence (including because of the operation of subsection   42(7)); and

  (iii)   the works or activities are causing, or are likely to cause, a significant impact on the affected land and on Aboriginals, to the extent that the Council would not have consented to the grant of the licence; and

  (b)   determine, in writing, whether the Minister is satisfied that the national interest does not require that the works or activities should proceed.

  (4)   If the Minister determines that he or she is satisfied of the matters in paragraphs   (3)(a) and (b):

  (a)   the Minister must inform the Land Council, the Northern Territory Mining Minister and the intending miner; and

  (b)   if the mining interest applied for has not yet been granted--the application must not be granted; and

  (c)   if the mining interest has been granted--the interest is cancelled under this subsection.

Determination not a legislative instrument

  (5)   A determination under paragraph   (1)(d) or (e) or (3)(a) or (b) is not a legislative instrument.