Commonwealth Consolidated Acts Commonwealth Consolidated ActsMinister may confer rehabilitation authority
(1) If a person or persons apply under section 41CB the Minister may, in writing, confer on the person or persons an authority (a rehabilitation authority ) to carry on any of the following:
(a) specified operations relating to the protection, rehabilitation, remediation or monitoring of the whole, or a specified part, of the land in the Ranger Project Area;
(b) specified operations of another kind in relation to the whole, or a specified part, of the land in the Ranger Project Area.
(2) However, a rehabilitation authority (whether as originally conferred or as varied in accordance with this Act) must not authorize the carrying on of mining - related operations in relation to any part of the land in the Ranger Project Area.
Note: For mining - related operations , see subsection 5(1).
(3) There is no limit on the number of rehabilitation authorities that may be conferred on a person or persons under this section.
Applicant must agree to terms of rehabilitation authority
(4) The Minister must not confer a rehabilitation authority on a person or persons under this section unless:
(a) before the Minister confers the rehabilitation authority, the Minister gives the person or persons written notice of the proposed terms of the authority, including:
(i) the operations that are to be authorized by the authority; and
(ii) the period for which the authority is to be in force; and
(iii) any conditions or restrictions to which the authority is to be subject; and
(iv) any requirements that are to be imposed by the authority (including any rehabilitation requirements that are to be imposed in accordance with section 41CE); and
(b) before the Minister confers the rehabilitation authority, the persons or persons notify the Minister in writing that the person or persons agree to those proposed terms; and
(c) the terms of the rehabilitation authority that is conferred on the person or persons are the same as the proposed terms agreed to by the person or persons under paragraph (b).
Agreement with Land Council must be in force
(5) The Minister must not confer a rehabilitation authority under this section unless, at the time when the rehabilitation authority is conferred, the following conditions are satisfied in relation to each area of land to which the authority relates:
(a) an agreement between the Commonwealth and the Land Council for the area of land, of the kind referred to in subsection 44(2) of the Aboriginal Land Rights (Northern Territory) Act 1976 (as that Act applies in relation to the Ranger Project Area), is in force;
(b) that agreement relates to:
(i) the area of land; and
(ii) the whole of the period for which the rehabilitation authority is to be in force in relation to the area of land (as that period is specified in the rehabilitation authority at the time when it is conferred).
Note: The version of subsection 44(2) of the Aboriginal Land Rights (Northern Territory) Act 1976 that applies in relation to the Ranger Project Area is the version in force immediately before the commencement of the Aboriginal Land Rights (Northern Territory) Amendment Act (No. 3) 1987 : see section 8 of that amendment Act.
Consultation with Land Council
(6) The Minister must not confer a rehabilitation authority under this section unless, before conferring the authority, the Minister consults on the proposed authority with the Land Council for each area of land to which the authority relates.
When rehabilitation authority is in force
(7) Subject to Division 3, a rehabilitation authority is in force for the period specified in the authority unless, before the end of that period, the authority:
(a) is varied to extend the period for which the authority is in force; or
(b) terminates under a provision of this Act or under a provision of the authority; or
(c) is revoked under a provision of the authority.
Note: Division 3 allows the Minister to declare that a Part III authority, or specified provisions of a Part III authority, are no longer in force in relation to a specified area of land.
Copies of the rehabilitation authority
(8) If the Minister confers a rehabilitation authority under this section, the Minister must give a copy of the authority to each of the following:
(a) the person or persons on whom the authority has been conferred;
(b) the Land Council for each area of land to which the authority relates;
(c) the Minister who administers the Environment Protection and Biodiversity Conservation Act 1999 ;
(d) the Northern Territory Mining Minister.