Commonwealth Numbered Acts

ABORIGINAL LAND RIGHTS (NORTHERN TERRITORY) AMENDMENT ACT 1989 No. 2 of 1990 - SECT 9

9. After section 48A of the Principal Act the following section is inserted:
Special provisions relating to specified areas

"48AA. (1) This section applies to:

   (a)  the Aboriginal land described in Schedule 3, being the land known as
        the Eastern Areas on Groote Eylandt; and

   (b)  if:

   (i)  the boundaries of the area known as the Coronation Hill Project Area
        are prescribed for the purposes of this section; and

   (ii) any land within the boundaries so prescribed becomes Aboriginal land;
that Aboriginal land.

"(2) Except as otherwise provided in this section, the preceding provisions of
this Part do not apply to Aboriginal land to which this section applies.

"(3) An exploration licence in respect of Aboriginal land to which this
section applies must not be granted unless the applicant for the licence has
entered into an agreement in writing with the relevant Land Council on the
terms and conditions of the grant of the licence.

"(4) The applicant shall:

   (a)  submit to the Land Council, in writing, a comprehensive proposal
        including, but not limited to, the particulars set out in paragraphs
        41 (6) (a) to (f), inclusive; and

   (b)  cause a copy of the proposal to be sent to the Minister.

"(5) Where the applicant and the Land Council fail to agree upon the terms and
conditions within 12 months after receipt of the proposal by the Land Council,
the applicant or the Land Council, or both, may, in writing, request the
Minister to refer the terms and conditions to a person appointed by the
Minister as a Mining Commissioner for determination by conciliation, or,
failing that, by arbitration.

"(6) Where such a request is made, subsections 44 (5) to (11) (inclusive)
apply.

"(7) Section 44A applies, with the necessary changes, to terms and conditions
agreed upon or determined under this section.

"(8) A mining interest in respect of Aboriginal land to which this section
applies must not be granted to an applicant unless the relevant Land Council
and the applicant have entered into an agreement in writing as to the terms
and conditions of the grant of the interest.

"(9) Section 46 applies, with the necessary changes, to the grant of a mining
interest in respect of the land.".