land held by a Land Trust for an estate in fee simple; or

land the subject of a deed of grant held in escrow by a Land Council.

Aboriginal people or Aboriginal person: see Aboriginal.

Aboriginal tradition means the body of traditions, observances, customs and beliefs of Aboriginals or of a community or group of Aboriginals, and includes those traditions, observances, customs and beliefs as applied in relation to particular persons, sites, areas of land, things or relationships.

Account means the Aboriginals Benefit Account continued in existence by section 62.

adult Aboriginal means an Aboriginal who has attained the age of 18 years.

alienated Crown land means Crown land in which a person (other than the Crown) has an estate or interest, but does not include land in a town.

approved entity means a body approved by the Minister: under subsection 3AA(1) as an approved entity; or under subsection 3AA(2) as an approved entity for an area of land.

under subsection 3AA(1) as an approved entity; or

under subsection 3AA(2) as an approved entity for an area of land.

area means an area for which the Council is established under this Act.

Authority means an authority established by or under a law of the Commonwealth or a law of the Northern Territory.

Commissioner means an Aboriginal Land Commissioner holding office under Part V.

Commonwealth Electoral Roll means the Rolls kept under the Commonwealth Electoral Act 1918.

community living area has the same meaning as in the Stronger Futures in the Northern Territory Act 2012.

community purpose means a purpose that is calculated to benefit primarily the members of a particular community or group.

conservation zone has the meaning given by the Environment Protection and Biodiversity Conservation Act 1999.

Crown Land means land in the Northern Territory that has not been alienated from the Crown by a grant of an estate in fee simple in the land, or land that has been so alienated but has been resumed by, or has reverted to or been acquired by, the Crown, but does not include: land set apart for, or dedicated to, a public purpose under an Act; or land the subject of a deed of grant held in escrow by a Land Council.

land set apart for, or dedicated to, a public purpose under an Act; or

land the subject of a deed of grant held in escrow by a Land Council.

Director has the meaning given by the Environment Protection and Biodiversity Conservation Act 1999.

Electoral Commissioner has the same meaning as in the Commonwealth Electoral Act 1918.

excludable matter means any of the following: a matter relating to a member of the staff of a Land Council or to any other person assisting a Land Council in the performance of its functions or in the exercise of its powers; a matter involving personal hardship suffered by a person; a trade secret or other information having a commercial value the disclosure of which would, or could reasonably be expected to, affect a person adversely in respect of the person’s lawful business, professional, commercial or financial affairs; any matter the divulging or communicating of which is prohibited by section 23E; information the disclosure of which would found an action for breach of confidence; information of such a nature that it would be privileged from being disclosed in legal proceedings on the ground of legal professional privilege; information the disclosure of which would, or could reasonably be expected to, prejudice the enforcement or proper administration of the law; a matter affecting the security of a Land Council, its members, its staff or its property; information that is considered sacred or otherwise significant by a particular group of Aboriginals, the disclosure of which would be inconsistent with the views or sensitivities of those Aboriginals.

a matter relating to a member of the staff of a Land Council or to any other person assisting a Land Council in the performance of its functions or in the exercise of its powers;

a matter involving personal hardship suffered by a person;

a trade secret or other information having a commercial value the disclosure of which would, or could reasonably be expected to, affect a person adversely in respect of the person’s lawful business, professional, commercial or financial affairs;

any matter the divulging or communicating of which is prohibited by section 23E;

information the disclosure of which would found an action for breach of confidence;

information of such a nature that it would be privileged from being disclosed in legal proceedings on the ground of legal professional privilege;

information the disclosure of which would, or could reasonably be expected to, prejudice the enforcement or proper administration of the law;

a matter affecting the security of a Land Council, its members, its staff or its property;

information that is considered sacred or otherwise significant by a particular group of Aboriginals, the disclosure of which would be inconsistent with the views or sensitivities of those Aboriginals.

Executive Director means the Executive Director of Township Leasing referred to in section 20B.

exploration licence includes:

(b) a permit in respect of land under the Petroleum (Prospecting and Mining) Act 1954 of the Northern Territory; and

(c) a permit granted under the Petroleum Act 1984 of the Northern Territory; and

(ca) a mineral exploration licence granted under the Mineral Titles Act 2010 (NT); and

(cb) a geothermal exploration permit granted under the Geothermal Energy Act 2009 (NT); and

a right to explore for minerals under:

(i) if subsection 53(2A) of the Lands Acquisition Act 1955 applies by virtue of subsection 124(8) of the Lands Acquisition Act 1989—the first-mentioned subsection; or

(ii) if subparagraph (i) does not apply—regulations made for the purposes of subsection 124(1) of the Lands Acquisition Act 1989;

but does not include an extractive mineral exploration licence granted under the Mineral Titles Act 2010 (NT).

exploration retention licence means an exploration retention licence granted under a law of the Northern Territory relating to mining for minerals and includes the following: (a) a retention licence granted under the Petroleum Act 1984 (NT); (b) a geothermal retention licence granted under the Geothermal Energy Act 2009 (NT); (c) a mineral exploration licence in retention issued under the Mineral Titles Act 2010 (NT); but does not include any of the following granted under the Mineral Titles Act 2010 (NT): an extractive mineral exploration licence; an extractive mineral lease; an extractive mineral permit.

(a) a retention licence granted under the Petroleum Act 1984 (NT);

(b) a geothermal retention licence granted under the Geothermal Energy Act 2009 (NT);

(c) a mineral exploration licence in retention issued under the Mineral Titles Act 2010 (NT);

but does not include any of the following granted under the Mineral Titles Act 2010 (NT):

an extractive mineral exploration licence;

an extractive mineral lease;

an extractive mineral permit.

extractive mineral means:

soil; or

sand, gravel, clay or stone, being sand, gravel, clay or stone that is suitable for use in construction or building works.

extractive mineral deposit means a deposit of extractive minerals.

Finance Minister means the Minister who administers the Public Governance, Performance and Accountability Act 2013.

geothermal energy resources has the meaning given by section 4 of the Geothermal Energy Act 2009 (NT).

grant, in relation to an interest in land (including any interest referred to in a paragraph of subsection (2) of this section), includes the doing of any action by reason of which the interest arises.

intending miner, in respect of Aboriginal land, means:

a person who makes application, under a law of the Northern Territory relating to mining for minerals, for the grant of a mining interest in respect of that land, while the person:

holds an exploration licence under that law in respect of that land; or

being a person who has held an exploration licence in respect of that land, holds under that law an exploration retention licence, or has made an application for the grant of an exploration retention licence, in respect of that land or a part of that land; or

a person who:

(i) if subsections 51(1A) and 53(2A) of the Lands Acquisition Act 1955 apply by virtue of subsection 124(8) of the Lands Acquisition Act 1989—makes an application, under subsection 51(1A) of the first-mentioned Act for the grant of a lease or licence to mine for minerals on that land, while the person holds, under subsection 53(2A) of that Act, a right to explore for minerals on that land; or

(ii) if subparagraph (i) does not apply—makes an application for the grant, under regulations made for the purposes of subsection 124(1) of the Lands Acquisition Act 1989, of a right to mine for, or recover, minerals on that land, while the person holds, under the regulations, a right to explore for minerals on that land.

Jabiru Town Development Authority means the Jabiru Town Development Authority established by the Jabiru Town Development Act 1978 (NT).

Jabiru town land has the meaning given by section 3AC.

Kakadu Aboriginal Land Trust means the Land Trust of that name established by the Minister by notice published in the Gazette under subsection 4(1).

Land Council means an Aboriginal Land Council established by or under this Act.

Land Trust means an Aboriginal Land Trust established under this Act.

law of the Northern Territory means a law made under, or having effect in the Northern Territory by virtue of, the Northern Territory (Self-Government) Act 1978.

mine includes extract.

mineral royalties means royalties payable to the Commonwealth or the Northern Territory in respect of the mining of minerals.

minerals includes:

gold, silver, copper, tin and other metals;

coal, shale, petroleum and valuable earths and substances;

mineral substances;

gems and precious stones; and

ores and other substances containing minerals;

whether suspended in water or not, and includes water and geothermal energy resources but does not include extractive minerals.

mining interest means:

any lease or other interest in, or right in respect of, land granted under a law of the Northern Territory relating to mining for minerals (other than a lease or other interest in land, or a right, relating to exploration for, or the mining or development of, extractive mineral deposits); or

(b) if subsections 51(1A) and 53(2A) of the Lands Acquisition Act 1955 apply by virtue of subsection 124(8) of the Lands Acquisition Act 1989—any lease, licence or other right granted under any of those provisions; or

(c) if regulations have been made for the purposes of subsection 124(1) of the Lands Acquisition Act 1989—any right granted under those regulations to explore for, mine for, or recover, minerals;

but does not include, when the expression is used in Part IV, any such lease, licence, interest or right that is an exploration licence or exploration retention licence.

mission means a religious society or association the purposes of which are, or include, furthering the spiritual, cultural or economic welfare of Aboriginals, and includes a trustee or trustees empowered to hold land on behalf of such a society or association.

Northern Territory Mining Minister means the person holding ministerial office under section 36 of the Northern Territory (Self-Government) Act 1978 who is responsible for the administration of the law of the Northern Territory relating to mining for minerals.

NT mining authority means an authority, issued under a law of the Northern Territory relating to mining for minerals, that empowers the holder to take possession of, mine or occupy land, or take any other action in relation to land, for any purpose in connection with mining.

petroleum has the meaning given by subsection 5(1) of the Petroleum Act 1984 of the Northern Territory.

qualifying area means an area that: is wholly included in the area of a Land Council; or is partly included in the area of one Land Council and partly included in the area of one or more other Land Councils.

is wholly included in the area of a Land Council; or

is partly included in the area of one Land Council and partly included in the area of one or more other Land Councils.

sacred site means a site that is sacred to Aboriginals or is otherwise of significance according to Aboriginal tradition, and includes any land that, under a law of the Northern Territory, is declared to be sacred to Aboriginals or of significance according to Aboriginal tradition.

town has the same meaning as in the law of the Northern Territory relating to the planning and developing of towns and the use of land in or near towns, and includes any area that, by virtue of regulations in force under that law, is to be treated as a town.

township, in relation to a Land Trust, has the meaning given by section 3AB.

traditional Aboriginal owners means a local descent group of Aboriginals who: have common spiritual affiliations to a site on the land, being affiliations that place the group under a primary spiritual responsibility for that site and for the land; and are entitled by Aboriginal tradition to forage as of right over that land.

have common spiritual affiliations to a site on the land, being affiliations that place the group under a primary spiritual responsibility for that site and for the land; and

are entitled by Aboriginal tradition to forage as of right over that land.

traditional land claim means a claim by or on behalf of the traditional Aboriginal owners of the land arising out of their traditional ownership.

unalienated Crown land means Crown land in which no person (other than the Crown) has an estate or interest, but does not include land in a town.

a mining interest;

(b) an interest arising out of the operation of the Atomic Energy Act 1953 or any other Act authorizing mining for minerals;

a lease or other interest in land, or a right granted in respect of land, under a law of the Northern Territory relating, in whole or in part, to exploration for, or the mining or development of, extractive mineral deposits;

an interest arising out of the taking possession, mining or occupation of land by virtue of an NT mining authority; or

an interest by way of the occupation or use, with the licence or permission of the Crown, of land by an Authority or a mission.

the Commonwealth;

(b) a Commonwealth authority (within the meaning of the Lands Acquisition Act 1989).

Approval of Aboriginal and Torres Strait Islander corporations

the Land Council for the area in which the area of land is situated has nominated the corporation under subsection (4) to be an approved entity for the area of land known by that name; and

a majority of the members of the corporation are either:

the traditional Aboriginal owners of land that constitutes, or forms part of, the area of land known by that name; or

Aboriginal people who live in the area of land known by that name; and

any conditions determined under subsection (9) for the purposes of this paragraph are satisfied.

be given to the Minister in writing; and

specify the name by which the area of land is known; and

describe the area of land (but need not delineate the area); and

set out the names of the corporation’s members; and

contain a declaration to the effect that the Land Council is satisfied the corporation satisfies the condition in paragraph (2)(b); and

set out a description of any consultation by the Land Council with the following persons in relation to the nomination:

traditional Aboriginal owners of land that constitutes, or forms part of, the area of land;

Aboriginal people who live in the area of land;

any other Aboriginal community or group that may be affected by the nomination; and

contain any other information determined under subsection (9) for the purposes of this paragraph.

Matters to which Minister must or may have regard

must have regard to any matters determined under subsection (9) for the purposes of this paragraph; and

may have regard to:

any matters determined under subsection (9) for the purposes of this subparagraph; and

any other matters the Minister considers relevant.

Revoking an approval

conditions for the purposes of paragraph (2)(c); and

information for the purposes of paragraph (5)(g); and

matters for the purposes of paragraph (6)(a) or subparagraph (6)(b)(i).

all Land Trusts for the purposes of subsection (2); or

a particular Land Trust for the purposes of subsection (3).

Kakadu Aboriginal Land Trust

(a) the Minister establishes a Land Trust (the new Land Trust) under subsection (1) for the purpose of it holding land that is to be transferred to it under subsection 19(4) by another Land Trust; and

the other Land Trust advises the Minister in writing that it is no longer going to transfer the land;

the Minister may, by written notice, abolish the new Land Trust.

the traditional Aboriginal owners of an area of land constituting the whole or a part of the land that is held by a Land Trust are also the traditional Aboriginal owners of an area of land constituting the whole or a part of land that is held by another Land Trust or in which an estate in fee simple would be likely, but for the operation of this subsection, to be granted to another Land Trust; and

those traditional Aboriginal owners are in favour of the amalgamation, within a single Land Trust, of the areas of which they are the traditional owners;

the Land Council or Land Councils in the area or areas of which the areas of land proposed for amalgamation are situated may request the Minister, in writing, to take action under subsection (1C) to effect that amalgamation.

(a) by notice published in the Gazette vary the specifications of the boundaries of a Land Trust established to hold affected land, with effect from the day upon which a new deed of grant, or new deeds of grant, relating to the land that that Land Trust was established to hold is or are delivered by the Governor-General in accordance with the recommendations of the Minister under subsection 10(2A) or 11(1B), so that the boundaries as so varied of the land to be held by that Land Trust relate:

to all the land that is proposed to be amalgamated; or

to any affected land that was held by that Land Trust but that is not proposed to be amalgamated with other land; or

(b) by notice published in the Gazette pursuant to subsection (1), establish a new Land Trust:

to hold all the land that is proposed to be amalgamated; or

to hold any affected land that is not proposed to be amalgamated with other land.

specify the name of the Land Trust; and

set out the boundaries of the land to be held by the Land Trust.

Anindilyakwa Land Trust

because of a determination under subsection 10(2AA) or subparagraph 11(1)(c)(ii), (1AD)(d)(ii) or (1AE)(c)(ii); or

because of a proposed grant of an estate in fee simple, in the land described under the heading “JABIRU” in Part 4 of Schedule 1, to the Kakadu Aboriginal Land Trust in accordance with this Act; or

because of a proposed transfer under subsection 19(4).

The variation takes effect on the day, or on the occurrence of an event, specified in the notice.

Legal status of Land Trust

is a body corporate, with perpetual succession;

shall have a common seal;

subject to this Part, may acquire, hold and dispose of real and personal property; and

may sue and be sued in its corporate name.

Common seal of Land Trust

if the Trust consists of 4 or more members—at least 3 of those members; or

if the Trust consists of 3 members—at least 2 of those members.

to hold title to land vested in it in accordance with this Act;

to exercise its powers as owner of land referred to in paragraph (a) for the benefit of the Aboriginals concerned; and

where the Land Trust is named as the grantee of land in a deed of grant held in escrow by a Land Council—to acquire, as and when practicable, the estates and interests of other persons in the land with a view to the surrender to the Crown of those estates and interests and the delivery to the Land Trust of the deed of grant held by the Land Council.

shall not exercise its functions in relation to land held by it except in accordance with a direction given to it by the Land Council for the area in which the land is situated; and

where such a direction is given to it—shall take action in accordance with that direction.

a determination that the Land Trust shall not have a Chair but shall consist of such number of members, not being less than 3, as the Minister specifies in the determination; or

a determination that the Land Trust shall consist of a Chair and 2 other members;

and, where a determination is so made in relation to a Land Trust, the Land Trust shall be constituted in accordance with the determination.

either:

a Land Trust has been established in respect of land constituting, or included within, an area of land described in Schedule 1 (other than an area of land described under the heading ‘JABIRU’ in Part 4 of Schedule 1); or

the Minister has, under subsection (2AA), determined that a specified existing Land Trust should hold a specified area of land described in Schedule 1; and

subsection (2) does not apply in relation to that land or applies in relation to a part only of that land;

the Minister shall recommend to the Governor-General that a grant of an estate of fee simple in that land, or in the part of that land to which subsection (2) does not apply, be made to that Land Trust.

either:

a Land Trust has been established in respect of land constituting, or included within, an area of land described in Schedule 1 (other than an area of land described under the heading ‘JABIRU’ in Part 4 of Schedule 1); or

the Minister has, under subsection (2AA), determined that a specified existing Land Trust should hold a specified area of land described in Schedule 1; and

a person (other than the Crown) has an estate or interest in the whole or a part of that land;

the Minister shall recommend to the Governor-General that the Governor-General execute a deed of grant of an estate in fee simple in that land, or that part of that land, to that Land Trust and deliver it to the Land Council for the area in which that land, or that part of that land, is situated to be held in escrow until all of the estates and interests in that land, or that part of that land, held by a person (other than the Crown) have come to an end, whether by surrender to the Crown or otherwise, and then to be delivered by the Land Council to that Land Trust.

(2AA) The Minister may, by a determination in writing, specify an existing Land Trust, and an area of land described in Schedule 1, for the purposes of subparagraph (1)(a)(ii) or (2)(a)(ii). The determination is not a legislative instrument.

(2AB) The Minister must recommend to the Governor-General that a grant of an estate in fee simple in the land described in paragraphs (a) and (c) under the heading “JABIRU” in Part 4 of Schedule 1 be made to the Kakadu Aboriginal Land Trust.

(2AC) The Minister must recommend to the Governor-General that a grant of an estate in fee simple in the Jabiru town land be made to the Kakadu Aboriginal Land Trust.

if that area of land is wholly to be held by another Land Trust—a new deed of grant of an estate in fee simple in that area to that other Land Trust; or

if that area of land is to be held, as to part of that area, by that existing Land Trust and as to part of that area, by another Land Trust—new deeds of grant of estates in fee simple in the respective parts of that area to the respective Land Trusts that are to hold those respective parts of that area.

that the Governor-General execute, in lieu of the former deed:

if that area of land is wholly to be held by another Land Trust—a new deed of grant of an estate in fee simple in that area to that other Land Trust; or

if that area of land is to be held, as to part of that area, by that existing Land Trust and as to part of that area, by another Land Trust—new deeds of grant of estates in fee simple in the respective parts of that area to the respective Land Trusts that are to hold those respective parts of that area; and

that the Governor-General deliver the new deed or the new deeds to that Land Council upon the same terms as the former deed was delivered.

(a) a Commissioner has, before the commencement of the Aboriginal Land Rights Legislation Amendment Act 1982, recommended, or, after the commencement of that Act, recommends, to the Minister in a report made to the Minister under paragraph 50(1)(a) that an area of Crown land should be granted to a Land Trust for the benefit of Aboriginals entitled by Aboriginal tradition to the use or occupation of that area of land, whether or not the traditional entitlement is qualified as to place, time, circumstance, purpose or permission; and

(b) the Minister is satisfied that the land (the divisible land), or a part (also the divisible land) of the land, should be granted to one or more new or existing Land Trusts so that each Land Trust holds the land granted to it for the benefit of Aboriginals who are the relevant Aboriginals in relation to the land granted to it;

the Minister shall:

do either or both of the following:

establish the one or more Land Trusts under section 4;

make a determination in writing specifying the one or more existing Land Trusts;

that are to hold the divisible land or parts of the divisible land for the benefit of Aboriginals who are the relevant Aboriginals in relation to the divisible land or the parts of the divisible land; and

if the divisible land or a part of the divisible land proposed to be held by a Land Trust referred to in paragraph (c) is not, and does not include, alienated Crown land—recommend to the Governor-General that a grant of an estate in fee simple in that land or part be made to that Land Trust; and

if the divisible land or a part of the divisible land proposed to be held by a Land Trust referred to in paragraph (c) is, or includes, alienated Crown land:

ensure that the estates and interests in that land or part of persons (other than the Crown) are acquired by the Crown by surrender or otherwise; and

after any acquisition referred to in subparagraph (i) has been effected, recommend to the Governor-General that a grant of an estate in fee simple in that land or part be made to that Land Trust.

(1AA) Where the Minister has, before the commencement of this subsection, taken action, or, after that commencement, takes action, in pursuance of subsection (1) in relation to a part or parts of the area of land to which a recommendation that is contained in a report made to the Minister by a Commissioner under paragraph 50(1)(a) relates, the taking of that action does not preclude the Minister from taking further action in pursuance of subsection (1) in relation to any other part or parts of the land to which the recommendation relates.

(1AB) Where the Minister:

after taking action in pursuance of subsection (1), whether before or after the commencement of this subsection, to establish a Land Trust to hold part only of an area of land to which a recommendation that is contained in a report made by a Commissioner to the Minister under paragraph 50(1)(a) relates; or

after taking action in relation to a Land Trust in accordance with paragraph (c) of this subsection by virtue of a previous application of this subsection;

is satisfied that the Land Trust (in this subsection referred to as the previously established Land Trust) should hold another part of the area of land to which the recommendation relates for the benefit of Aboriginals who are the relevant Aboriginals in relation to that other part of that area of land, the Minister shall:

(c) by notice published in the Gazette, declare that that previously established Land Trust is to be treated, for all purposes of this Act or any other law of the Commonwealth, of a State or of a Territory, as if it had also been established under section 4 to hold title to that other part of the area of land to which the recommendation relates for the benefit of Aboriginals who are relevant Aboriginals in relation to that other part of that area of land;

where the land to be held by the previously established Land Trust is, or includes, alienated Crown land, ensure that the estates and interests in that alienated Crown land of persons (other than the Crown) are acquired by the Crown by surrender or otherwise; and

after any acquisition referred to in paragraph (d) has been effected in relation to the land to be held by the previously established Land Trust, recommend to the Governor-General that a grant of an estate in fee simple in that land be made to that previously established Land Trust.

(1AC) Upon the publication in the Gazette of a notice under paragraph (1AB)(c) the declaration contained in that notice has effect according to its tenor.

(1AD) Where:

a Commissioner has, whether before or after the commencement of this subsection, in a report made to the Minister under paragraph 50(1)(a), made 2 or more recommendations to the Minister that areas of Crown land should be granted to Land Trusts for the benefit of Aboriginals entitled by Aboriginal tradition to the use or occupation of those respective areas of land, whether or not that traditional entitlement is qualified as to place, time, circumstance, purpose or permission;

in respect of each of at least 2 of those recommendations the Minister has not taken action under subsection (1) or (1AB) in respect of the land, or any part of the land, to which the recommendation relates; and

(c) the Land Council for the area in which all the land (the recommended land) to which the recommendations in respect of which the Minister has taken no action relate is situated applies in writing to the Minister for the Minister to take action under this subsection in relation to that land;

the Minister shall, if he or she is satisfied that it is appropriate to do so:

do either or both of the following:

establish one or more Land Trusts under section 4;

make a determination in writing specifying one or more existing Land Trusts;

that are to hold the recommended land or a part or parts of the recommended land for the benefit of Aboriginals who are the relevant Aboriginals in relation to the recommended land or the part or parts of the recommended land; and

if the recommended land or a part of the recommended land proposed to be held by a Land Trust referred to in paragraph (d) is not, and does not include, alienated Crown land—recommend to the Governor-General that a grant of an estate in fee simple in that land or part be made to that Land Trust; and

if the recommended land or a part of the recommended land proposed to be held by a Land Trust referred to in paragraph (d) is, or includes, alienated Crown land:

ensure that the estates and interests in that land or part of persons (other than the Crown) are acquired by the Crown by surrender or otherwise; and

after any acquisition referred to in subparagraph (i) has been effected, recommend to the Governor-General that a grant of an estate in fee simple in that land or part be made to that Land Trust.

(1AE) Where:

a Commissioner recommends to the Minister in two or more reports made under paragraph 50(1)(a) that areas of Crown land should be granted to two or more Land Trusts for the benefit of Aboriginals entitled by Aboriginal tradition to the use or occupation of those respective areas of land, whether or not the traditional entitlement is qualified as to place, time, circumstance, purpose or permission; and

the Minister is satisfied that the areas of land or parts of the areas of land to which each of at least two of those reports respectively relate should be granted to a single Land Trust to be held for the benefit of Aboriginals who are the relevant Aboriginals in relation to each of those areas or each of those parts;

the Minister shall:

do either of the following:

establish a single Land Trust under section 4;

make a determination in writing specifying a single existing Land Trust;

that is to hold those areas or those parts of those areas for the benefit of Aboriginals who are the relevant Aboriginals in relation to those areas or parts; and

if those areas or those parts of those areas are not, and do not include, alienated Crown land—recommend to the Governor-General that a grant of an estate in fee simple in those areas or parts be made to the Land Trust; and

if those areas or those parts of those areas are, or include, alienated Crown land:

ensure that the estates and interests in those areas or parts of persons (other than the Crown) are acquired by the Crown by surrender or otherwise; and

after any acquisition referred to in subparagraph (i) has been effected, recommend to the Governor-General that a grant of an estate in fee simple in those areas or parts be made to that Land Trust.

(1AF) Where land that is contiguous to Aboriginal land would have been the subject of a recommendation by the Minister under subsection (1), (1AB), (1AD) or (1AE) but for the existence on that land of a stock route (other than a stock route to which subsection 50(2E) applies), then, if the land ceases to be a stock route, the Minister may, on the application of the Land Council for the area in which the land is situated, recommend to the Governor-General that a grant of an estate in fee simple in that land or part of that land be made to the Land Trust that holds, or to one of the Land Trusts that hold, contiguous Aboriginal land.

if that area of land is wholly to be held by another Land Trust—a new deed of grant of an estate in fee simple in that area to that other Land Trust; or

if that area of land is to be held, as to part of that area, by that existing Land Trust and as to part of that area, by another Land Trust—new deeds of grant of estates in fee simple in the respective parts of that area to the respective Land Trusts that are to hold those respective parts of that area.

the traditional Aboriginal owners of the relevant land understand the nature and purpose of the proposed grant and, as a group, consent to it;

any Aboriginal community or group that may be affected by the proposed grant has been consulted and has had adequate opportunity to express its view to the Land Council; and

the terms and conditions on which the proposed grant is to be made are reasonable.

a mining interest; and

a licence granted in respect of that land.

a road over which the public had a right of way existed on land that is contiguous to Aboriginal land; and

the Minister would have made a recommendation about the land under section 10 or subsection 11(1), (1AB), (1AD) or (1AE) but for that public right of way; and

that public right of way ceases to exist.

in the case of a recommendation under subsection 10(1) or (2A), section 11 or 11B, not being a recommendation that includes a recommendation under subsection 11(5)—execute a deed of grant of an estate in the land in accordance with the recommendation and deliver it to the grantee;

in the case of a recommendation under section 11 that includes a recommendation under subsection 11(5)—execute a deed of grant of an estate in the land in accordance with the recommendation and, if the Governor-General is satisfied that the condition specified in the recommendation has been complied with, deliver it to the grantee; or

in the case of a recommendation under subsection 10(2) or (2B)—execute a deed of grant of an estate in the land in accordance with the recommendation and deliver it to the Land Council referred to in the recommendation on the condition that it be held by the Land Council in escrow, and subsequently delivered to the grantee, in accordance with the recommendation.

(1AA) Subject to this section, on the receipt of a recommendation under subsection 10(2AB) with respect to land, the Governor-General may execute a deed of grant of an estate in fee simple in that land to the Kakadu Aboriginal Land Trust.

(1AB) If:

a deed of grant of an estate in fee simple in land is executed under subsection (1AA); and

the Minister is satisfied that:

a lease under section 19 granted by the Kakadu Aboriginal Land Trust to the Director has been varied to cover the whole of that land; and

the variation is expressed to take effect on the date that a deed of grant of an estate in fee simple in that land to that Land Trust is delivered to that Land Trust;

then the Governor-General may deliver that deed of grant to the Kakadu Aboriginal Land Trust.

(1AC) Subject to this section, on the receipt of a recommendation under subsection 10(2AC) with respect to land, the Governor-General may execute a deed of grant of an estate in fee simple in that land to the Kakadu Aboriginal Land Trust.

(1AD) If:

a deed of grant of an estate in fee simple in land is executed under subsection (1AC); and

the Minister is satisfied that subsection (1AH) applies;

then the Governor-General may deliver that deed of grant to the Kakadu Aboriginal Land Trust.

(1AH) This subsection applies if:

the Kakadu Aboriginal Land Trust has entered into a lease, under section 19A, covering the whole of the Jabiru town land; and

the lease is expressed to take effect on the date that a deed of grant of an estate in fee simple in that land to that Land Trust is delivered to that Land Trust.

(1AI) If a deed of grant is delivered to the Kakadu Aboriginal Land Trust under subsection (1AB) or (1AD), subsection (2A) applies to the estate in fee simple in the land held by the Director, but does not apply to any other estate or interest in the land held by the Director.

that existing deed of grant shall be taken, by force of this subsection, to have been revoked;

any Land Trust that had been established to hold land to which that existing deed of grant related, being a Land Trust established to hold only areas of land to which the new deed of grant relates or the new deeds of grant relate and not being a Land Trust the boundaries of which have been varied, shall be taken to be dissolved;

any right, title or other interest in an area of land to which the existing deed of grant related is preserved as a right, title or interest in that area in the new deed of grant or in such of the deeds of grant as relate to that area; and

any reference in any document to the existing deed shall be read as a reference to the new deed or to the new deeds, as the case requires.

the right to any minerals existing in their natural condition, or in a deposit of waste material obtained from any underground or surface working, on or below the surface of the land, being minerals all interests in which are vested in the Commonwealth, remains with the Commonwealth;

the right to any minerals existing in their natural condition, or in a deposit of waste material obtained from any underground or surface working, on or below the surface of the land, being minerals all interests in which are vested in the Northern Territory, remains with the Northern Territory; and

(c) rights to explore for minerals, and leases or licences to mine for minerals, on or below the surface of the land may be granted under Lands Acquisition Act 1989.section 124 of the

(2AAA) Where a deed of grant executed before the commencement of the Lands Acquisition Act 1989 is expressed to be subject to a reservation that rights to explore for minerals, and leases or licences to mine for minerals, on or below the surface of the land may be granted under subsections 51(1A) and 53(2A) of the Lands Acquisition Act 1955, that reservation has effect on and after the commencement of the Lands Acquisition Act 1989 as if it were a reservation to the effect that such rights, leases or licences may be granted in accordance with section 124 of the Lands Acquisition Act 1989.

(2AA) For the purposes of the operation of subsection (2), any interest in minerals vested in a person, other than the Commonwealth or the Northern Territory, shall be disregarded, and any reservation inserted in a deed of grant in accordance with that subsection is subject to such an interest.

any land described in Schedule 1 under the heading of “Alligator Rivers (No. 1)” or “Alligator Rivers (No. 2)”; or

any land described in Schedule 1 under the heading “Kakadu”;

not being land constituting, or forming part of, the land described in Schedule 2 known as the Ranger Project Area, is subject to the condition that the Land Council in the area of which the land is situated shall enter into an agreement with the Director under which the Land Council agrees to direct the Land Trust concerned to grant a lease of the land, or such part of the land as the Director specifies, to the Director, being a lease the terms and conditions of which are set out in the agreement, so as to enable the Director to hold the land for the purposes of Environment Protection and Biodiversity Conservation Act 1999.Division 4 of Part 15 of the

shall identify any land on which there is, at the time of the execution of the deed of grant, a road over which the public has a right of way; and

shall be expressed to exclude such land from the grant.

any land on which there was, at the time of the commencement of section 3, a road over which public had, at that time, a right of way; and

any land on which there is, at the time of the execution of the deed of grant, a road over which the public has a right of way.

where a deed is delivered by the Governor-General to the grantee—on the date on which it is so delivered; or

in any other case—on the date on which it is delivered by a Land Council to the grantee in accordance with the condition subject to which it was delivered to the Land Council by the Governor-General.

execute a deed of grant to the Anindilyakwa Land Trust of an estate in fee simple in so much of the land in the area of the Anindilyakwa Land Council as was included in any Arnhem Land type 1 deed (regardless of whether the deed also included other land); and

deliver it to the Anindilyakwa Land Trust.

The deed of grant is not a legislative instrument.

Delayed grant of land to Anindilyakwa Land Trust

execute a deed of grant to the Anindilyakwa Land Trust of an estate in fee simple in so much of the land in the area of the Anindilyakwa Land Council as was included in any Arnhem Land type 2 deed; and

deliver it to the Anindilyakwa Land Council on the condition that the Council hold it in escrow and deliver it to the Anindilyakwa Land Trust when all of the estates and interests in that land held by a person (other than the Crown) have come to an end, whether by surrender to the Crown or otherwise.

The deed of grant is not a legislative instrument.

Application of other provisions of this Act

an Arnhem Land type 1 deed or an Arnhem Land type 2 deed that included land in the area of the Anindilyakwa Land Council (regardless of whether the deed also included other land); and

the boundaries of the land that is held by the Arnhem Land Aboriginal Land Trust.

in the area of the Anindilyakwa Land Council; and

included in an Arnhem Land type 1 deed or an Arnhem Land type 2 deed.

Definitions

a deed of grant executed under paragraph 12(1)(a) to the Arnhem Land Aboriginal Land Trust; or

a deed of grant executed under paragraph 12(1)(b) to the Arnhem Land Aboriginal Land Trust that took effect before the commencement of this section.

Arnhem Land type 2 deed means a deed of grant executed under paragraph 12(1)(b) to the Arnhem Land Aboriginal Land Trust that has not taken effect before the commencement of this section.

land on which there was, at the time of the commencement of section 3, a road over which the public had, at that time, a right of way; or

land on which there was, at the time of the execution of the deed of grant, a road over which the public had, at that time, a right of way.

land on which there was, at the time of the commencement of section 3, a road over which the public had, at that time, a right of way; or

land on which there was, at the time of the execution of the deed of grant, a road over which the public had, at that time, a right of way.

call in the deed of grant; and

enter on the deed of grant and in the register book a memorandum setting out the terms of the agreement or order, as the case may be.

requires the Land Council or Land Trust concerned to take any action that it is not authorized to take by, or under, this Act or any other Act or by, or under, a law of the Northern Territory; or

(b) requires the Director to take any action that the Director is not authorized to take by, or under, the Environment Protection and Biodiversity Conservation Act 1999 or any other Act or by, or under, a law of the Northern Territory.

land is the subject of a deed of grant held in escrow by a Land Council on the condition that the Land Council deliver the deed to a Land Trust when all of the estates and interests in the land held by a person (other than the Crown) have come to an end; and

(b) a person (the proponent) desires to obtain an estate or interest in the land;

the proponent may make representations to the Land Council concerning the proponent’s plans for the land.

the traditional Aboriginal owners (if any) of the land understand the nature and purpose of the proposed grant and, as a group, consent to it; and

any Aboriginal community or group that may be affected by the proposed grant has been consulted and has had adequate opportunity to express its view to the Land Council; and

the terms and conditions on which the proposed grant is to be made are reasonable.

where the grant is made in consequence of the exercise by a person of a right, under a law of the Northern Territory, to require the grant to be made;

where:

the grant is made in consequence of an application by a person having a right, under a law of the Northern Territory, to make that application for a renewal of the person’s estate or interest in the land for a further period or a conversion of the person’s estate or interest in the land into another estate or interest;

a copy of the application is served on the Land Council for the area in which the land is situated; and

an arbitrator appointed by the Minister is satisfied, after hearing both the views of the applicant and the views of the Land Council on the matter, that the hardship that would be occasioned to the applicant by a refusal of his or her application would be greater than the hardship that would be occasioned to the Aboriginal communities or groups interested in the land by an approval of the application;

where the Land Council for the area in which the land is situated consents to the grant.

is of a kind referred to in subsection (1); and

is part of land that is leased to an approved entity under section 19A;

nothing in this section prevents the approved entity granting a sublease of the applicable land to the Commonwealth, the Northern Territory or an Authority, as the case may be.

an occupation or use of land by the Crown for forestry purposes shall be deemed to be an occupation or use for a purpose that is not a community purpose; and

the economic value of land shall not include the value of any royalties that are, or may be, payable in connexion with forestry operations on the land.

a mission ceases, by virtue of a notice served on it under subsection (2), to be entitled to occupy or use land; and

there are on the land buildings or other improvements that were erected, wholly or partially, by or at the expense of the mission before the service of that notice;

the Land Council shall pay to the mission an amount equal to:

where the buildings or other improvements referred to in paragraph (b) were erected wholly by or at the expense of the mission—the value, as agreed by the Land Council and the mission, or, in the absence of such agreement, as determined by the Minister, of those buildings or other improvements when the mission ceased to be entitled to occupy or use the land; or

in any other case—such part of the value referred to in paragraph (c) as is attributable to the action of the mission.

the person is entitled to continue that occupation or use during the period commencing on that vesting and ending on:

the entering into an agreement with respect to the vested land under subsection 44(2); or

(ii) the granting of an authority under the Atomic Energy Act 1953 with respect to the vested land;

whichever last occurs; and

(b) any fixtures or other improvements constructed or erected on the vested land by the person before 17 May 1978 shall, during the period commencing at the commencement of the period referred to in paragraph (a) and ending when the authority under the Atomic Energy Act 1953, referred to in subparagraph (a)(ii), or any extension or renewal of that authority, is revoked or otherwise ceases to operate, be deemed to be the property of that person.

has a right to occupy or use land during a period; or

has, during a period, a title to fixtures or other improvements constructed or erected on land;

may, with the consent of the Minister, transfer that right or title to another person and may, subject to any conditions or restrictions applicable by or under a law of the Commonwealth or of the Northern Territory, demolish or remove any such fixtures or other improvements during, or within 3 months after the expiration of, that period.

the person is entitled to continue that occupation or use during the period commencing on that vesting and ending:

(i) when the person or another person, having obtained a grant in respect of the land under the Atomic Energy Act 1953 or any other Act authorizing mining for minerals or any law of the Northern Territory, becomes, as such grantee, entitled, whether at the time of the grant or subsequently, to occupy or use the land; or

(ii) when the Minister, by notice in the Gazette, declares that he or she is satisfied that no grant of a kind referred to in subparagraph (i) will be made to any person; and

any fixtures or other improvements constructed or erected on the vested land by the person before 17 May 1978, shall, during the period commencing at the commencement of the period referred to in paragraph (a) and ending:

where a grant referred to in subparagraph (a)(i) is made—when that grant, or any extension or renewal of that grant, is revoked or otherwise ceases to operate; or

(ii) where the Minister makes a declaration under subparagraph (a)(ii)—when that declaration is published in the Gazette;

be deemed to be the property of that person.

has a right to occupy or use land during a period; or

has, during a period, a title to fixtures or other improvements constructed or erected on land;

may, with the consent of the Minister, transfer that right or title to another person and may, subject to any conditions or restrictions applicable by or under a law of the Commonwealth or of the Northern Territory, demolish or remove any such fixtures or other improvements during, or within 3 months after the expiration of, that period.

any estate or interest in land vested in it; or

the land described under the heading “JABIRU” in Part 4 of Schedule 1.

for use for residential purposes by:

the Aboriginal and his or her family; or

an employee of the Aboriginal or the corporation, as the case may be;

for use in the conduct of a business by the Aboriginal or the corporation, not being a business in which a person who is not an Aboriginal has an interest that entitles him or her to a share in, or to a payment that varies in accordance with, the profits of the business; or

for any community purpose of the Aboriginal community or group for whose benefit the Land Trust holds the land.

enter into the lease on behalf of the Commonwealth; and

administer the lease.

transfer to another Land Trust, or surrender to the Crown, the whole of its estate or interest in the whole, or any part of, the land vested in it.

(4AA) Any right, title or other interest in land transferred under subsection (4) that existed immediately before the transfer is preserved as a right, title or interest in that land after the transfer.

(4AB) Any agreement in respect of land transferred under subsection (4) that was entered into by the transferor Land Trust and that is in force immediately before the transfer is taken to have the same force and effect, after the transfer, as the agreement would have had if it had been entered into by the transferee Land Trust.

the traditional Aboriginal owners (if any) of that land understand the nature and purpose of the proposed grant, transfer or surrender and, as a group, consent to it;

any Aboriginal community or group that may be affected by the proposed grant, transfer or surrender has been consulted and has had adequate opportunity to express its view to the Land Council; and

in the case of a grant of an estate or interest—the terms and conditions on which the grant is to be made are reasonable.

be general; or

be expressed to be limited to a specified person or a person included in a specified class.

a reference to a licence granted in respect of that land including, but without limiting the generality of the foregoing, a licence granted under a law of the Northern Territory relating to exploration for, or the mining or development of, extractive mineral deposits; or

a reference to a lease or other interest in that land, or a right granted in respect of that land, under such a law.

the Minister consents, in writing, to the grant of the lease; and

the Land Council for the area in which the land is situated directs, in writing, the Land Trust to grant the lease; and

if the approved entity is an Aboriginal and Torres Strait Islander corporation—some or all of an area of land for which the corporation is approved under subsection 3AA(2) falls within the area of the township.

A consent or direction under this subsection is not a legislative instrument.

the traditional Aboriginal owners (if any) of the land understand the nature and purpose of the proposed lease and, as a group, consent to it; and

any Aboriginal community or group that may be affected by the proposed lease has been consulted and has had adequate opportunity to express its view to the Land Council; and

the terms and conditions of the proposed lease (except those relating to matters covered by this section) are reasonable.

with the written approval of the Minister; and

in accordance with the terms and conditions of the lease; and

in the case where the other approved entity is an Aboriginal and Torres Strait Islander corporation—only if some or all of an area of land for which the corporation is approved under subsection 3AA(2) falls within the area of the township.

An approval under paragraph (a) is not a legislative instrument.

transfer a lease granted under this section in accordance with subsection (8); or

acquire a lease that is transferred in accordance with subsection (8).

Lease not to be used as security

(a) any right, title or interest, or any thing, that was registered under the Land Title Act 2000 (NT) in relation to the land (the relevant land) the subject of the lease immediately before the time the lease takes effect, other than:

the estate in fee simple in the relevant land held by the Director; and

any right, title or interest, or any thing, held by the Jabiru Town Development Authority in relation to the relevant land;

has full force and effect in accordance with its terms at and after that time; and

any right, title or interest in relation to the relevant land that was granted:

under any right, title or interest, or any thing, covered by paragraph (a); or

under any right, title or interest, or any thing, held by the Jabiru Town Development Authority in relation to the relevant land;

and that existed immediately before the time the lease takes effect, has full force and effect in accordance with its terms at and after that time, subject to subsection (11GA); and

any right, title or interest:

(i) in relation to a facility (within the meaning of the Telecommunications Act 1997) that is on, over or under the relevant land and is owned or operated by a carrier (within the meaning of that Act); and

that existed immediately before the time the lease takes effect;

has full force and effect in accordance with its terms at and after that time; and

any right, title or interest in relation to the trust assets (see subsection (11C)) that existed immediately before the time the lease takes effect, has full force and effect in accordance with its terms at and after that time; and

any right, title or interest, or any thing, in relation to the relevant land, specified in a legislative instrument made by the Minister under this paragraph, has full force and effect in accordance with its terms at and after the time the lease takes effect.

subsection (11B) applies in relation to a right, title, interest or thing; and

(b) immediately before the time the lease (the new lease) mentioned in subsection (1B) takes effect, that right, title, interest or thing is, in accordance with its terms, contingent on the existence of the lease of the Jabiru town land by the Director to the Jabiru Town Development Authority;

then, for the purposes of subsections (11B) to (11F), at the time the new lease takes effect, those terms are taken to have been modified so that the right, title, interest or thing is contingent on the existence of the new lease.

(11GA) Despite subsections (11B), (11F) and (11G), a right, title or interest that relates to the relevant land mentioned in subsection (11B) and was granted under a lease (a Director-JTDA lease) of the Jabiru town land by the Director to the Jabiru Town Development Authority ceases to have effect at the earlier of the following times (or either of them if they are the same):

the time the Director-JTDA lease that ceases to exist because of subsection 12(2AB) would have expired if it had not ceased to exist under subsection 12(2AB);

the time the right, title or interest would have expired had the Director-JTDA lease not ceased to exist under subsection 12(2AB).

(11GB) Subsection (11GA) does not prevent the right, title or interest from ceasing to have effect according to its terms (as affected by subsections (11F) and (11G)) before the time worked out under subsection (11GA).

subsection (11) or (11F) applies in relation to a right, title, interest or thing; and

the lease is transferred in accordance with this section; and

the right, title, interest or thing existed immediately before the time the transfer takes effect;

then, at that time, the right, title, interest or thing has effect as if it were granted by the transferee on the same terms and conditions as existed immediately before that time.

Subleases

prepare estimates, in such form and for such periods as the Minister directs, of its expenditure to meet its costs of:

acquiring leases, or administering leases granted or transferred to the approved entity, under section 19A; or

the payment of amounts under leases granted or transferred to the approved entity under section 19A; and

submit those estimates to the Minister for the Minister’s approval not later than such date as the Minister directs.

the grant of a lease to an approved entity under section 19A; or

the extension of the term of a lease granted under that section (as mentioned in subsection 19A(4A)) if the lease is held by an approved entity at the time of the variation mentioned in that subsection; or

the transfer of a lease to an approved entity in accordance with that section.

Taxes

granted to an approved entity under section 19A; or

transferred to an approved entity in accordance with that section.

planning; or

infrastructure; or

the subdivision or transfer of land; or

other prescribed matters;

to the extent that the law applies to land the subject of the lease.

negotiate with the person with respect to the terms and conditions of the lease; and

if agreement is reached on terms and conditions, direct the Land Trust to grant the lease on those terms and conditions;

and the Land Trust shall comply with that direction.

a Land Council has refused, or is unwilling, to negotiate with respect to the terms and conditions of a lease to which a person has become entitled by virtue of subsection (1); or

the Land Council and that person cannot agree on the terms and conditions of the lease;

the Minister may, after consultation with the Land Council and with the person, appoint an Arbitrator, being a person whom the Minister considers to be in a position to deal with the matter impartially, to determine terms and conditions of the lease that, in the opinion of the Arbitrator, should be acceptable to the Land Council and to the person.

the name of the Council; and

the boundaries of the area for which the Council is established.

one or more adult Aboriginals living in the qualifying area;

an Aboriginal and Torres Strait Islander corporation, the majority of whose members live in the qualifying area;

an association of Aboriginals, or a company whose shareholders are all Aboriginals, incorporated under a law of the Northern Territory and the majority of whose members or shareholders live in the qualifying area;

any other body prescribed by the regulations, the majority of whose members live in the qualifying area.

set out the boundaries of the qualifying area; and

specify a name for the proposed new Land Council; and

include an estimate of the number of Aboriginals living in the qualifying area and an explanation of how the estimate was arrived at; and

specify the proposed management structure for the proposed new Land Council; and

specify the proposed arrangements for consulting and representing Aboriginals living in the qualifying area on issues affecting that area; and

include details of any consultation that has occurred with Aboriginals living in the qualifying area on the proposed establishment of the new Land Council; and

include any other information prescribed by the regulations.

state that he or she supports the establishment of the new Land Council and that he or she will request the Australian Electoral Commission to hold a vote on the matter; or

refuse the application.

the qualifying area is an appropriate area for the establishment of a new Land Council; and

the proposed new Land Council will be able to satisfactorily perform the functions of a Land Council.

the person is an adult Aboriginal; and

either:

the person’s name is on the Commonwealth Electoral Roll and the person’s place of living as shown on the Roll is in the qualifying area; or

the person is entitled to vote under rules made under subsection (4).

deal with the timing of the vote; and

for the purposes of subparagraph (3)(b)(ii)—deal with those persons entitled to vote; and

confer powers on the Electoral Commissioner or a member of the staff of the Australian Electoral Commission.

Minister may establish new Land Council if a 55% positive vote

a person authorised under subsection (7) is satisfied that it is on an authentic ballot paper; and

it indicates the voter’s preference for either being in favour or against the proposal; and

it does not have upon it any writing or another mark by which, in the opinion of a person authorised under subsection (7), the voter can be identified (not including writing or another mark placed on the ballot paper, whether or not in contravention of any law, by a person involved in conducting the vote).

specify the name of the new Land Council (which must be the name specified in the application under section 21A); and

set out the boundaries of the area for which the new Land Council is established.

Redrawing of boundaries of other Land Council areas

ceases to be part of the area of one of those Councils; and

becomes part of the area of the other Council.

the traditional Aboriginal owners (if any) of the land in the specified area understand the nature and purpose of the proposed variation and, as a group, consent to it; and

any Aboriginal community or group that may be affected by the proposed variation has been consulted and has had adequate opportunity to express its view to the Council.

Variation

is a body corporate, with perpetual succession;

shall have a common seal;

may acquire, hold and dispose of real and personal property; and

may sue and be sued in its corporate name.

to ascertain and express the wishes and the opinion of Aboriginals living in the area of the Land Council as to the management of Aboriginal land in that area and as to appropriate legislation concerning that land; and

to protect the interests of traditional Aboriginal owners of, and other Aboriginals interested in, Aboriginal land in the area of the Land Council; and

to assist Aboriginals in the taking of measures likely to assist in the protection of sacred sites on land (whether or not Aboriginal land) in the area of the Land Council; and

to consult with traditional Aboriginal owners of, and other Aboriginals interested in, Aboriginal land in the area of the Land Council with respect to any proposal relating to the use of that land; and

where the Land Council holds in escrow a deed of grant of land made to a Land Trust under section 12:

to negotiate with persons having estates or interests in that land with a view to the acquisition of those estates or interests by the Land Trust; and

until those estates or interests have been so acquired, to negotiate with those persons with a view to the use by Aboriginals of the land in such manner as may be agreed between the Land Council and those persons; and

to negotiate with persons desiring to obtain an estate or interest in land in the area of the Land Council:

where the land is held by a Land Trust or is the subject of a deed of grant made to a Land Trust under section 12 that the Land Council holds in escrow—on behalf of traditional Aboriginal owners (if any) of that land and of any other Aboriginals interested in the land; and

where the land is the subject of an application referred to in paragraph 50(1)(a)—on behalf of the traditional Aboriginal owners of that land or on behalf of any other Aboriginals interested in the land; and

to assist Aboriginals in the area of the Land Council to carry out commercial activities (including resource development, the provision of tourist facilities and agricultural activities), in any manner that will not cause the Land Council to incur financial liability or enable it to receive financial benefit; and

for land that is a community living area and in the area of the Land Council—to assist the owner of the land, if requested to do so, in relation to any dealings in the land (including assistance in negotiating leases of, or other grants of interests in, the land); and

to assist Aboriginals claiming to have a traditional land claim to an area of land within the area of the Land Council in pursuing the claim, in particular, by arranging for legal assistance for them at the expense of the Land Council; and

to negotiate, and enter into agreements, as necessary, for the purposes of subsection 70(4); and

to compile and keep:

a register recording the names of the members of the Land Council; and

a register recording the names of the members of the Land Trusts holding, or established to hold, Aboriginal land in its area and descriptions of each area of such Aboriginal land; and

to supervise, and provide administrative or other assistance for, Land Trusts holding, or established to hold, Aboriginal land in its area; and

such other functions as are prescribed by the regulations.

the protection of sacred sites;

access to Aboriginal land; and

schemes for the management of wildlife on Aboriginal land.

the traditional Aboriginal owners (if any) of that land understand the nature and purpose of the proposed action and, as a group, consent to it; and

any Aboriginal community or group that may be affected by the proposed action has been consulted and has had adequate opportunity to express its view to the Land Council.

time limits under this Act; or

time limits under another law of the Commonwealth or a law of the Northern Territory that are relevant to the performance of its functions.

Maintenance of organisational structures and processes

maintains organisational structures and administrative processes that promote the satisfactory representation by the Council of, and promote effective consultation with, the traditional Aboriginal owners of, and other Aboriginals interested in, Aboriginal land in the area of the Council; and

ensures that the structures and processes operate in a fair manner.

to furnish to the authorized person, by writing signed by the person liable, or, if the person liable is a body corporate, by a competent officer of the body corporate, within the time and in the manner specified in the notice, such information in the possession of the person liable as is specified in the notice; or

to furnish to the authorized person, within the time and in the manner specified in the notice, such documents in the possession of the person liable as are specified in the notice;

being information or documents that:

relates, or relate, to:

uranium mining operations in the Alligator Rivers Region; or

any action taken to comply with any requirement of or having effect under a prescribed instrument so far as the requirement relates to the effect of those operations on the environment; and

(d) is, or are, relevant to the question whether or not the Land Council should exercise the power conferred on it by Environment Protection (Northern Territory Supreme Court) Act 1978 to make application to the Supreme Court of the Northern Territory of Australia for the making of an order under that section.section 4 of the

is or are in the possession of, or available to, the person against whom the order is sought; and

is or are information or documents of a kind referred to in paragraphs 23A(2)(c) and (d);

the Court may make an order requiring the person against whom the order is sought to furnish to the Land Council concerned, within the time and in the manner specified in the order, the information or documents as to which the Court is so satisfied.

relates to:

uranium mining operations in the Alligator Rivers Region; or

any action taken to comply with any requirement of or having effect under a prescribed instrument so far as the requirement relates to the effect of those operations on the environment; and

(b) is relevant to the question whether or not the Land Council should exercise the power conferred on it by Environment Protection (Northern Territory Supreme Court) Act 1978 to make application to the Supreme Court of the Northern Territory of Australia for the making of an order under that section.section 4 of the

an authorized person;

a member of a Land Council; or

a member of the staff of a Land Council.

(a) to the Supreme Court of the Northern Territory of Australia in support of an application made by the Land Council under Environment Protection (Northern Territory Supreme Court) Act 1978; orsection 4 of the

to the Minister, to the Secretary of the Department that deals with matters arising under this Act or to an officer of that Department approved by the Secretary of that Department; or

to a person to whom, in the opinion of the Minister, it is in the public interest that the information be communicated or the document produced.

(a) information is communicated to the person (the first person) in accordance with paragraph (3)(b) or (ba); and

(b) the information is communicated by a person (the second person) to whom this section applies; and

the second person acquired the information because of his or her membership of, or employment by, a Land Council or his or her activities as an authorised person; and

the information concerns the affairs of a third person; and

the first person, either directly or indirectly, makes a record of, or divulges or communicates the information to any other person.

Aboriginals;

Land Trusts; and

Aboriginal and Torres Strait Islander corporations and any other incorporated Aboriginal groups.

employ staff;

obtain the advice and assistance of persons who are expert in any matter with which the Council is concerned (including assistance in connection with the administration of the affairs of the Council);

give lawful directions to Land Trusts holding land in its area concerning the performance of their functions; and

receive moneys due and owing to Land Trusts holding, or established to hold, land in its area and give a valid discharge for those moneys.

the Chair or another member of the Council;

a member of the staff of the Council;

any of the Council’s functions or powers under this Act other than the following:

the giving or withholding of consent in relation to the acquisition or grant of an estate or interest in Aboriginal land under an agreement or agreements:

that will have effect for a period that exceeds, or for periods that together exceed, 2 years; or

in respect of which the approval of the Minister is required by subsection 27(3);

the making of a request under section 21E;

the making of determinations under section 35;

the giving or refusing of a consent under subsection 42(1);

the giving of a consent under section 48C;

any function or power prescribed by the regulations.

Delegation to Council committee

the making of a request under section 21E;

the making of determinations under section 35;

any function or power prescribed by the regulations.

Functions and powers that depend on satisfaction of certain matters

the traditional Aboriginal owners (if any) of the land affected by the performance of the function or the exercise of the power understand the nature and purpose of the act or thing and consent to it; and

any Aboriginal community or group that may be affected by the doing of the act or thing has been consulted and has had adequate opportunity to express its views to the Land Council;

then, if that function or power is delegated, the delegate may perform the function or exercise the power if the delegate is satisfied:

of the matter referred to in paragraph (a); and

that any Aboriginal community or group that may be affected by the doing of the act or thing has been consulted and has had adequate opportunity to express its views to the delegate.

is convicted of an offence against a law of the Commonwealth, a State or a Territory (not involving dishonesty) and sentenced to a period of imprisonment of 12 months or more; or

is convicted of an offence against a law of the Commonwealth, a State or a Territory involving dishonesty and sentenced to a period of imprisonment of 3 months or more; or

is convicted of 2 or more offences against a law of the Commonwealth, a State or a Territory, is sentenced to a period or periods of imprisonment in respect of the offences and is required (or would have been required if the sentence or sentences had not been suspended) to serve a term of imprisonment of 12 months or more; or

is convicted of 2 or more offences against a law of the Commonwealth, a State or a Territory involving dishonesty, is sentenced to a period or periods of imprisonment in respect of the offences and is required (or would have been required if the sentence or sentences had not been suspended) to serve a term of imprisonment of 3 months or more.

This subsection applies whether or not the person is also fined in respect of the offence or offences.

if the person serves a term of imprisonment—2 years beginning on the day the person is released from prison; or

if the person does not serve a term of imprisonment—2 years beginning on the day the person is convicted.

the kinds of interests to be disclosed; and

the manner in which, and the times at which, disclosures are to be made; and

the form in which the register is to be kept.

the name of each committee member; and

if the committee is appointed in relation to a particular area of the Land Council—that area.

Number of committee members

the traditional Aboriginal owners of Aboriginal land in the area of the Council; or

any Aboriginal living in the area of the Council;

to inspect, at any reasonable time without charge:

rules made under subsection (4); or

the minutes of committee meetings (other than any part of the minutes that relates to an excludable matter).

where the number of members of the Land Council at the time of the meeting is an even number—one-half of that last-mentioned number; or

any other case—one-half of the number that is less by 1 than the number of members of the Land Council at the time of the meeting;

and, except where the meeting has been convened under subsection (3), includes the Chair or the Deputy Chair.

the traditional Aboriginal owners of Aboriginal land in the area of the Council;

any Aboriginal living in the area of the Council.

the traditional Aboriginal owners of Aboriginal land in the area of the Council;

any Aboriginal living in the area of the Council.

the total amount of fees it expects to receive under section 33A or 33B during the period to which those estimates relate; and

the total amount of other income it expects to receive during the period to which those estimates relate in relation to performing functions or exercising powers under this Act.

a payment made to a Land Council as mentioned in subsection 35(2), (3), (4) or (4B); or

interest received by a Land Council as mentioned in subsection 35(11) in relation to such a payment.

the cost of providing services for which the Council may charge a fee under section 33A; and

expenses for which the Council may charge a fee under section 33B; and

the cost of paying remuneration and allowances that are payable under this Act to:

a member of the Council; or

a member of a Land Trust holding land, or established to hold land, in the area of the Council.

money paid to the Council under subsection 64(1);

fees the Council receives under section 33A or 33B;

other income the Council receives in relation to performing functions or exercising powers under this Act.

a payment made to a Land Council as mentioned in subsection (2), (3), (4) or (4B); or

interest received by a Land Council as mentioned in subsection (11) in relation to such a payment.

be applied by the Land Council in accordance with the agreement; or

if the agreement makes no provision in relation to the application of the money—be paid to any Aboriginal and Torres Strait Islander corporations whose members are affected by the agreement, in such proportions as the Land Council determines.

a Land Council receives a payment as mentioned in subsection (4); and

the payment is made by the Commonwealth, the Northern Territory or an Authority; and

the payment is of a kind prescribed by the regulations for the purposes of this subsection; and

under subsection (4), the Land Council pays an amount equal to that payment to a person;

the Land Council must, at the time it pays that amount, advise the person in writing that the amount is an accountable amount.

the determination shall have effect, for all purposes of this Act, as if it were a determination that had been duly made by the Land Council; and

subject to this section, the Land Council shall cause the amount to which the determination relates to be disbursed forthwith in accordance with the determination.

a body corporate spends an amount it received under a determination under subsection (2), (3) or (6); and

the Land Council concerned is satisfied that the body corporate has not complied with section 35C in respect of the financial year in which the body corporate spent the amount;

the Land Council may, by notice in writing given to the body corporate, suspend payments under a determination under subsection (2), (3) or (6) of this section, as the case may be, to the body corporate until the body corporate does so comply.

hold an amount that would have been paid to the body corporate, apart from the giving of that notice, in trust for the body corporate; and

hold the amount in trust until it is paid to the body corporate.

vary a determination under subsection (2), (3) or (6) of this section, as the case may be, so that the determination no longer applies in respect of the body corporate and instead applies in respect of another body corporate; or

revoke a determination under subsection (2), (3) or (6) of this section, as the case may be, in respect of the body corporate and make a new determination under subsection (2) or (3) of this section, as the case may be, in respect of another body corporate.

any report:

(i) of an evaluation or audit conducted under paragraph 193X(1)(cb) of the Aboriginal and Torres Strait Islander Act 2005 in relation to the body; and

that was given to the Minister administering Part 4B of that Act in the period of 5 years before the time when the Council began to consider making the determination;

if the body was required to comply with section 35C for one or more of the previous 5 financial years—whether the body has so complied.

under a determination under subsection 35(2), (3) or (6); or

under subsection 35(3) in accordance with an agreement mentioned in that subsection; or

under subsection 35(4), but only if the Land Council concerned has advised, under subsection 35(4A), that the amount the body corporate received is an accountable amount; or

under subsection 35(4B); or

under subsection 35(11) in relation to an amount covered by paragraph (a), (b), (c) or (d) of this subsection; or

under subsection 67B(6), but only if the Land Council concerned has advised, under subsection 67B(7), that the amount the body corporate received is an accountable amount.

a copy of the financial statements that the body is required, under the law under which it is incorporated, to give in respect of the reporting year; and

a written report setting out:

the purpose for which that amount was spent (including details of any relevant project); and

each recipient of that amount; and

the amount paid to each recipient and the day or days the amount was paid.

the total fees the Council received under section 33A of this Act during that period for services the Council provided under Part IV (whether in that period or the previous period); and

the total fees the Council received under section 33A of this Act during that period for any other services the Council provided (whether in that period or the previous period); and

the total fees the Council received under section 33B of this Act during that period.

Section 35 determinations

particulars of any determinations made by the Council under subsection 35(2) or (3) during that period; and

particulars of any determinations made by the Minister under subsection 35(6) during that period.

Details of amounts paid

under a determination made under subsection 35(2); or

under a determination made under subsection 35(6) (in so far as that determination was made because the Council did not make a determination under subsection 35(2)); or

under subsection 35(4) that the Council has advised, under subsection 35(4A), is an accountable amount; or

under subsection 35(4B); or

under subsection 35(11) in relation to an amount covered by paragraph (a), (b), (c) or (d) of this subsection; or

under subsection 67B(6) that the Council has advised, under subsection 67B(7), is an accountable amount;

the following details:

the recipient of the amount;

the subsection under which the amount was paid;

the total of the amount paid.

Details of amounts held in trust

paid to the Council, in any financial year, as mentioned in subsection 35(2) or (3); and

in trust as mentioned in subsection 35(6B), (8) or (9);

the report must include the following details:

the amount paid to the Council and the financial year in which the amount was paid;

the amount held in trust;

the mining operations concerned.

Details of approved entities

the name of the township;

the name of the approved entity;

the name of any other party to the lease.

Details of section 29A committees

each consultant engaged by the Council during that period to do work in relation to the Council’s performance of functions or exercise of powers under this Act; and

the amount paid to the consultant by the Council during that period for that work.

this Act or the regulations under this Act; or

(b) the Public Governance, Performance and Accountability Act 2013, or any legislative instruments made under that Act.

(a) within the period (the standard period) of 3 months after the consent of the Northern Territory Mining Minister was given; or

if before the end of the standard period the person requests, in writing, the Minister to extend the standard period:

if the Minister grants the request—within the extension period; or

if the Minister refuses the request—before the end of the period of 7 days beginning on the day the person receives notice of the refusal.

extend the standard period for a period not exceeding 3 months; or

refuse to extend the standard period.

a description of the applicant and of the business activities of the applicant;

a description of the affected land by reference to a map showing roads, topographical features, residential areas and other relevant features;

a copy of the instrument by which the consent of the Northern Territory Mining Minister was given and of any conditions relevant to the potential impact of the exploration works on the affected land and on Aboriginals, being conditions that are, under a law of the Northern Territory relating to mining for minerals, likely to be conditions to which the grant of the exploration licence will be subject;

an outline of the proposed exploration program stating, as far as practicable, the location, and likely effect, of proposed exploration works, and including details of:

the anticipated period of activity upon such works;

proposed and possible exploration techniques;

the extent to which exploration activities will, or are likely to, affect the environment inside and outside the affected land;

the proposed method and amount of vehicular access to and within the affected land with reference to any proposals to construct roads, landing strips or other access facilities;

the maximum number of people likely to be on the affected land from time to time;

the proposed water, timber or other requirements to be obtained from the affected land; and

proposals for minimising the effect of the proposed exploration works on the affected land;

the estimated cost of exploration;

the estimated geological potential of the area;

a proposal in relation to payments for exploration activities;

the term of the exploration period;

proposals for rehabilitation; and

proposals for minimising social impact;

a description, expressed as fully as practicable, of the various methods for the recovery of any minerals found as a result of the exploration;

the name, position and qualifications of the person or persons, not exceeding 3 in number, who will represent the applicant at meetings convened under subsection 42(4) or, if any such person is unable so to represent the applicant, of any substitute authorised to represent the applicant.

the applicant;

the Minister;

the Northern Territory Mining Minister.

specifies the concerns; and

invites the applicant to vary the application to address the concerns; and

specifies a period of at least 14 days after the date of the notice within which the applicant may give the Land Council the varied application.

a copy of the varied application and the notice given by the Land Council under subsection (10) or (13) (as the case requires); and

for a variation under subsection (11)—written notice of the date on which the varied application was given to the Land Council.

by notice in writing, either consent, or refuse to consent, to the grant of an exploration licence authorising the proposed exploration program in respect of that land or of a part of that land; and

notify the applicant, the Minister and the Northern Territory Mining Minister, in writing, of its decision and of the day on which the decision is made.

(1AA) The Land Council must notify the applicant, the Minister and the Northern Territory Mining Minister of its decision within 7 days of making the decision.

consulted the traditional Aboriginal owners (if any) of the land to which the application relates concerning:

the exploration proposals; and

the terms and conditions to which the grant of the licence may be subject; and

consulted any Aboriginal community or group that may be affected by the grant of the licence to ensure that the community or group has had an adequate opportunity to express to the Land Council its views concerning the terms and conditions.

subject to subsection (4A), convene such meetings with them, after the Land Council determines under subsection 41(7) that it is satisfied the application complies substantially with subsection 41(6), as the Land Council considers appropriate for the purposes of considering the exploration proposals and the terms and conditions; and

give reasonable notice to:

the applicant before any meeting the applicant is entitled to attend; and

the Minister before any meeting a person authorised under subsection (4D) is entitled to attend.

the substantive content of the exploration program;

the terms and conditions.

so much of the first meeting (if any) at which the matter mentioned in paragraph (4A)(a) is discussed as is appropriate for the purposes of presenting and explaining the exploration proposals (including any information required to be given to the Northern Territory Mining Minister); and

so much of the first meeting (if any) at which the matter mentioned in paragraph (4A)(b) is discussed as is appropriate for the purposes of outlining the applicant’s views concerning the terms and conditions; and

so much of any subsequent meeting as is appropriate for any of the purposes referred to in paragraph (a) or (b) of this subsection unless the traditional Aboriginal owners, as a group, decide and, through the Land Council, notify the applicant, that the representatives may not attend.

a meeting referred to in paragraph (4C)(a) or (b); and

any subsequent meeting, unless the traditional Aboriginal owners, as a group, decide and, through the Land Council, notify the Minister, that the person may not attend.

it is satisfied that the traditional Aboriginal owners (if any) of the land understand the nature and purpose of the terms and conditions and, as a group, consent to them;

it is satisfied that the terms and conditions are reasonable; and

it has agreed with the applicant upon the terms and conditions.

appoint a person agreed upon by the parties; or

request the Minister in writing to appoint a person as a Mining Commissioner;

to try to determine the terms and conditions by conciliation.

the period of 22 months beginning on 1 January in the calendar year after the calendar year in which the application is first received by the Council; or

if, before the end of that 22 month period, the applicant and the Council agree in writing to extend that period by 2 years—that 2 year period; or

(c) if, before the end of the following period (the agreed period):

that 2 year period;

any 12 month period applicable under any application or applications of this paragraph;

the applicant and the Council agree in writing to extend the agreed period by 12 months—that 12 month period.

Notification of extension agreed between the applicant and the Land Council

(a) a person makes an application (the original application) under section 41; and

subsection (1B) of this section applies in relation to the original application; and

the person makes a later application under section 41 and the comprehensive proposal set out in the later application as first received by the Land Council is substantially the same as the comprehensive proposal set out in the original application (including as varied under subsection 41(11) or (13));

the negotiating period for the later application is the period determined by the Minister under subsection (18).

subsection (17) applies; and

the matters mentioned in paragraphs (4A)(a) and (b) were discussed at one or more meetings held in relation to the original application;

then the Land Council is not required to hold any further meeting of the kind referred to in subsection (4) in relation to the later application.

Notice of determination

the applicant; and

the Land Council; and

the Northern Territory Mining Minister.

Determination not a legislative instrument

it has, as far as practicable, consulted the traditional Aboriginal owners (if any) of the land concerning the terms and conditions and it is satisfied that they understand the nature and purpose of the terms and conditions and, as a group, consent to them;

it has, as far as practicable, consulted any other Aboriginal community or group that may be affected by the grant of the licence concerning the terms and conditions and it is satisfied that the community or group has had an adequate opportunity to express its views to the Land Council; and

it is satisfied that the terms and conditions are reasonable.

Consultation obligations

the Council must convene such meetings with them as are necessary for the purpose of considering the terms and conditions; and

the Council must give reasonable notice to the applicant and the Minister before each meeting which the applicant and the Minister are entitled to attend; and

the representatives of the applicant may attend so much of the first meeting at which the terms and conditions are discussed as is appropriate for the purpose of outlining the applicant’s views concerning the terms and conditions; and

the representatives of the applicant may attend so much of any subsequent meeting as is appropriate for the purpose referred to in paragraph (c) unless the traditional Aboriginal owners as a group:

decide that the representatives must not attend; and

notify the applicant, through the Council, of that decision.

Minister’s representative may attend meetings

may attend the meeting referred to in paragraph (3)(c); and

may attend any subsequent meeting unless the traditional Aboriginal owners as a group:

decide that the representative must not attend; and

notify the Minister, through the Council, of that decision.

Negotiating period

the period of 180 days after the Proclamation referred to in subsection (1) takes effect; or

such longer period as is agreed upon in writing between the applicant and the Land Council.

the Land Council, within the period applicable under paragraph (5)(a) or (b), requests the Minister to extend that period; and

the Minister, after consulting the Northern Territory Mining Minister, is satisfied that:

it is not reasonably practicable for the Council to perform its functions under this section within that period; and

it is appropriate to extend that period in all the circumstances;

the Minister may, by notice in writing given to the applicant, the Land Council and the Northern Territory Mining Minister, determine the negotiating period to be a specified longer period.

a Land Council is taken to have consented to the grant of an exploration licence in respect of the land under subsection 42(7) (arbitration of terms and conditions by agreement); or

section 43 applies to the applicant, but the applicant and the Land Council have failed to agree upon the terms and conditions of the grant of the licence within the period referred to in subsection 43(1).

the effect that the entry on to the relevant land and the carrying out of exploration operations on the land would have on:

the preservation and protection of the lifestyle, culture and traditions of the traditional owners of the land;

the proposals and wishes of those owners about its management, use and control;

the development of the social, cultural and economic structures of those owners; and

the freedom of access of those owners and their freedom to carry out, in accordance with tradition, rites, ceremonies and other activities on the land;

the applicant’s capacity, in carrying out the proposed exploration operations, to minimise any disturbance to those owners and the land;

the best practicable industry practices for minimising the impact of proposed exploration works upon the land and upon Aboriginals living on that land;

the nature and location of the exploration works proposed to be carried out; and

usual industry technology for carrying out exploration works of the kind proposed.

the value of minerals removed or proposed to be removed from the land;

deprivation of the use of the land or a part of the land;

deprivation of the use of improvements on the land as permitted by the agreement;

severance of the land from other land having the same traditional Aboriginal owners as the land concerned.

the exploration licence;

if an exploration retention licence is applied for or granted in respect of the whole or a part of the land to which the exploration licence relates—that application or exploration retention licence; or

if an exploration retention licence granted in respect of the whole or a part of the land to which the exploration licence relates is renewed—that exploration retention licence as so renewed;

is held by the applicant or by the heirs, successors or assigns of that person and such period (if any) immediately following that period as is specified in the agreement.

a comprehensive proposal in relation to the mining works that the intending miner proposes to conduct on the land which includes, but is not limited to, the following particulars:

the anticipated period of activity of the mining works;

the proposed mining techniques;

the extent to which the mining and related activities will, or are likely to affect the environment inside and outside the affected land;

the proposed method and amount of vehicular access to and within the affected land with reference to any proposals to construct roads, landing strips or other access facilities;

the maximum number of people likely to be on the affected land from time to time;

the water, timber and other requirements to be obtained from the affected land;

proposals for minimising the effect of the proposed mining works on the affected land;

any other information of the kind that would, under the law of the Northern Territory relating to the protection of the environment, be required to be included in an environmental impact statement in relation to the proposed mining works;

proposals for rehabilitation;

proposals for minimising social impact;

projected production capacity and scale of operations;

infrastructure requirements; and

terms and conditions relating to payment;

the name, position and qualifications of the person or persons, not exceeding 3 in number, who will represent the intending miner at meetings convened pursuant to subsection (5) or, in the event that that person or any of those persons is unable so to represent the intending miner, of any other person authorised to represent the intending miner in lieu of the person who is unable so to represent the intending miner.

it has, as far as practicable, consulted the traditional Aboriginal owners (if any) of the land concerning the terms and conditions and it is satisfied that they understand the nature and purpose of the terms and conditions and, as a group, consent to them;

it has, as far as practicable, consulted any other Aboriginal community or group that may be affected by the grant of the mining interest concerning the terms and conditions and it is satisfied that the community or group has had an adequate opportunity to express its view to the Land Council; and

it is satisfied that the terms and conditions are reasonable.

the Land Council shall convene such meetings with them as it considers necessary to consider the intending miner’s mining proposals and discuss the terms and conditions;

the Land Council shall give reasonable notice to the applicant and the Minister before each meeting which the applicant and the Minister are entitled to attend;

the representatives of the intending miner may attend so much of the first meeting as is appropriate in order to present and explain the intending miner’s mining proposals and to outline the intending miner’s views concerning the terms and conditions; and

except where the traditional Aboriginal owners as a group decide, and, through the Land Council, notify the intending miner that the representatives of the intending miner may not attend a subsequent meeting that is so convened—the representatives may attend so much of that subsequent meeting as is appropriate in order further to explain those mining proposals or further to discuss the terms and conditions.

attend the first meeting; and

attend any subsequent meeting.

decide that the person must not attend; and

notify the Minister, through the Land Council, of that decision.

the Mining Commissioner has, under this section, determined the terms and conditions; and

the intending miner has withdrawn the application for the grant of the mining interest because the intending miner is unwilling to accept the terms and conditions so determined;

the Minister shall not consent to the grant to another intending miner of a mining interest that will enable the mining of a mineral deposit on the same land, being a deposit that was delineated by a previous intending miner (whether the first-mentioned intending miner or not), unless the Minister is satisfied that the other intending miner has entered into an agreement described in subsection (17).

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

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

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

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:

consult the Northern Territory Mining Minister; and

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

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

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

the exploration licence is cancelled under this subsection.

Mining works or activities

consult the Northern Territory Mining Minister; and

determine, in writing, whether the Minister is satisfied that:

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

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

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

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

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

if the mining interest applied for has not yet been granted—the application must not be granted; and

if the mining interest has been granted—the interest is cancelled under this subsection.

Determination not a legislative instrument

the first application is in relation to petroleum and for this purpose those subsections apply as if:

a reference to a refusal to consent to the grant of an exploration licence were a reference to a refusal to consent to the grant of an exploration licence in relation to petroleum; and

a reference to an application under section 41 in respect of particular land or an area within that land were a reference to an application under section 41 in relation to petroleum in respect of that land or an area within that land;

the second application is in relation to geothermal energy resources and for this purpose those subsections apply as if:

a reference to a refusal to consent to the grant of an exploration licence were a reference to a refusal to consent to the grant of an exploration licence in relation to geothermal energy resources; and

a reference to an application under section 41 in respect of particular land or an area within that land were a reference to an application under section 41 in relation to geothermal energy resources in respect of that land or an area within that land;

the third application is in relation to minerals other than petroleum or geothermal energy resources and for this purpose those subsections apply as if:

a reference to a refusal to consent to the grant of an exploration licence were a reference to a refusal to consent to the grant of an exploration licence in relation to minerals other than petroleum or geothermal energy resources; and

a reference to an application under section 41 in respect of particular land or an area within that land were a reference to an application under section 41 in relation to minerals other than petroleum or geothermal energy resources in respect of that land or an area within that land.

a Land Council has refused to consent to the grant of an exploration licence;

at any time after the refusal, the Land Council applies to the Minister under this subsection; and

the Minister, after consultation with the Commonwealth Minister responsible for mineral resources matters and the Northern Territory Mining Minister, is satisfied on reasonable grounds that:

the refusal was for a reason or reasons other than a desire to maximise the amount of financial compensation to be received, whether at the exploration or the mining stage;

the circumstances or concern that resulted in the refusal are no longer applicable; and

the public interest requires that a further application under section 41 be made in respect of the same land or an area within that land;

the Minister shall, subject to subsection (3A), authorise such an application to be made:

within 90 days—by the original applicant; or

if the original applicant fails to apply within that period or notifies the Minister that he or she does not intend to apply—by any other person.

the refusal under paragraph (3)(a) is in relation to a body corporate; and

at the time the Minister is satisfied of the matters referred to in paragraph (3)(c), the body corporate has been wound up and has not assigned its rights in relation to this section;

then the Minister may, under subsection (3), authorise an application in respect of the land concerned or an area within that land to be made by any person under section 41 within the period applicable under subsection 41(2).

a Land Council has refused to consent to the grant of an exploration licence in respect of particular land; and

the applicant:

has failed during the re-application period to make an application under subsection (2); or

has notified the Minister in writing within that period of the intention not to make such an application;

a person other than the applicant may apply to the Land Council for consent under section 41 in respect of the first-mentioned land or an area within that land.

the refusal under paragraph (4)(a) is in relation to a body corporate; and

at the start of the re-application period, the body corporate has been wound up and has not assigned its rights in relation to this section;

then an application in respect of the land concerned or an area within that land may be made by any person under section 41 within the period applicable under subsection 41(2).

a reference to a person, in the case of a person who has died or been wound up or has assigned his or her rights under this Part, includes a reference to the heirs, successors or assigns of the person; and

a reference to the re-application period, in relation to a refusal by a Land Council to consent to the grant of an exploration licence, means the period of 30 days commencing 5 years after the day on which the refusal decision was made.

under the law of the Northern Territory relating to mining, holds an exploration licence in relation to land that is the subject of an application referred to in paragraph 50(1)(a) and is in the area of that Land Council; and

has lodged an application, under that law, for the grant of a mining interest in respect of that land;

setting out the terms and conditions to which, if the land becomes Aboriginal land before the grant of that mining interest, the grant of that mining interest will be subject.

the traditional Aboriginal owners of the land understand the nature and purpose of the agreement and, as a group, consent to it; and

any Aboriginal community or group that may be affected by the agreement has been consulted and has had an adequate opportunity to express its views to the Land Council.

the consent of the Land Council to the grant of the exploration licence is not required; and

the agreement shall be taken, for all purposes, to be an agreement under section 44 as to terms and conditions to which the grant of that exploration licence will be subject.

the person shall be treated as an intending miner; and

the agreement shall be taken, for all purposes, to be an agreement under section 46 as to the terms and conditions to which the grant of that mining interest will be subject.

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

if:

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

any land within the boundaries so prescribed becomes Aboriginal land;

that Aboriginal land.

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

cause a copy of the proposal to be sent to the Minister.

(a) an agreement setting out the terms and conditions subject to which an exploration licence or mining interest will be granted to a person (in this section called the person) has been entered into by or on behalf of a Land Council with the person;

the licence or interest has been granted to the person;

for reasons (other than financial reasons) outside the control of the person it is not practicable for the person to carry out the exploration or mining works to which the licence or interest relates in accordance with those terms and conditions; and

the person and the Land Council are unable to agree whether, or in what respect, the terms and conditions should be varied and the agreement does not contain any provision for variation of the agreement;

either or both of them may, by writing, request the Minister to arrange for a person to be appointed as a Mining Commissioner to determine whether, and in what respect, those terms and conditions should be varied.

the Governor-General has, by Proclamation, declared that both the Minister and the Land Council for the area in which the land is situated have consented to the application of that Act in relation to entry on that land; or

the Governor-General has, by Proclamation, declared that the national interest requires the application of that Act in relation to entry on that land.

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

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.

a person who holds, or has held, office as a Judge of the Federal Court of Australia; or

a legal practitioner of at least 5 years standing; or

a Fellow of the Institute of Arbitrators and Mediators Australia; or

a person prescribed by the regulations.

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

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.

a notice referred to in subsection (2) is given with respect to a Proclamation; and

at the expiration of the period during which a resolution disapproving of the declaration in the Proclamation could have been passed:

the notice has not been withdrawn and the relevant motion has not been called on; or

the relevant motion has been called on, moved and seconded and has not been withdrawn or otherwise disposed of;

the declaration in the Proclamation shall be deemed to have been disapproved of.

neither House of the Parliament passes a resolution in accordance with subsection (2) disapproving of the declaration in a Proclamation; and

the declaration in the Proclamation has not been deemed to have been disapproved of under subsection (3);

the Proclamation takes effect on the day immediately following the last day upon which a resolution disapproving of the declaration in the Proclamation could have been passed.

the House of Representatives is dissolved or expires, or the Parliament is prorogued; and

a resolution for the disapproval of the declaration in the Proclamation has not been passed by the first-mentioned House;

the copy of the Proclamation shall, for the purposes of this section, be deemed to have been laid before that first-mentioned House on the first sitting day of that first-mentioned House after the dissolution, expiry or prorogation, as the case may be.

in the case of a natural person—a fine of not more than 120 penalty units or imprisonment for not more than 2 years, or both; or

in the case of a body corporate—a fine of not more than 600 penalty units.

in the case of a natural person—a fine of 60 penalty units or imprisonment for 12 months, or both; or

in the case of a body corporate—a fine of 300 penalty units.

on an application being made to the Commissioner by or on behalf of Aboriginals claiming to have a traditional land claim to an area of land, being unalienated Crown land or alienated Crown land in which all estates and interests not held by the Crown are held by, or on behalf of, Aboriginals:

to ascertain whether those Aboriginals or any other Aboriginals are the traditional Aboriginal owners of the land; and

to report his or her findings to the Minister and to the Administrator of the Northern Territory, and, where the Commissioner finds that there are Aboriginals who are the traditional Aboriginal owners of the land, to make recommendations to the Minister for the granting of the land or any part of the land in accordance with sections 11 and 12;

to inquire into the likely extent of traditional land claims by Aboriginals to alienated Crown land and to report to the Minister and to the Administrator of the Northern Territory, from time to time, the results of his or her inquiries;

to establish and maintain a register of the traditional land claims referred to in paragraph (b);

to advise the Minister in connexion with any other matter relevant to the operation of this Act that is referred to the Commissioner by the Minister; and