Northern Territory Consolidated Acts

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MINING ACT - SECT 16A

Use of GDA in determining grant of exploration licence

16A. Use of GDA in determining grant of exploration licence

(1) On and from 1 January 2000 geographical coordinates specified in an application for an exploration licence that is made before that date are -

(a) firstly - to be taken to be geographical coordinates determined by using AGD; and

(b) secondly - to be read as if the geographical coordinates were determined by using GDA that correspond to those determined by AGD by virtue of paragraph (a).

(2) Geographical coordinates specified in an application for an exploration licence that is made on or after 1 January 2000 are to be read as if the geographical coordinates were determined by using GDA.

(3) An exploration licence that is granted on or after 1 January 2000 is to be granted by reference to geographical coordinates determined by using GDA.

(4) If -

(a) an exploration licence area in respect of an exploration licence granted on or after 1 January 2000 would, if granted by reference to geographical coordinates determined by using AGD, have a common boundary with an exploration licence area in respect of an exploration licence granted before that date; and

(b) because of the grant of the first-mentioned exploration licence by reference to geographical coordinates determined by using GDA - an area of land lies between the exploration licence areas referred to in paragraph (a),

the area of land between the exploration licence areas or any part of it -

(c) may, on application by the holder of the second-mentioned exploration licence granted before the expiry of that licence, be granted to that licensee as part of the exploration licence area under that licence; or

(d) subject to paragraph (c) - is, until the expiry of the second-mentioned exploration licence, to be excluded from the grant of any application for an exploration licence, an exploration retention licence or a mining tenement made in respect of it.

(5) If, on or after 1 January 2000, an exploration licence is granted over a part of the area of land in respect of which an exploration licence that was granted before 1 January 2000 is in force, the holder of the first-mentioned exploration licence must not exercise any powers by virtue of the licence in relation to that part of the land until the second-mentioned exploration licence and any exploration licence, exploration retention licence or mining tenement granted to the person holding it in respect of all or a part of the land held under it as a consequence of its grant ceases to have effect in relation to that land, and nothing in this Act or any other law in force in the Territory is to be taken to permit the holder of the first-mentioned exploration licence to exercise them until that time.

(6) To avoid doubt, nothing in this section affects the requirement in relation to an application for the grant of an exploration licence, an exploration retention licence or a mining tenement to comply with the procedures in relation to Aboriginal land under the Aboriginal Land Rights (Northern Territory) Act 1976 of the Commonwealth or the procedures in relation to native title rights and interests under this Act, the Native Title Act or any other relevant law of the Commonwealth or Territory.



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