Commonwealth Numbered Acts

ABORIGINAL LAND RIGHTS (NORTHERN TERRITORY) ACT 1976 No. 191 of 1976 - SECT 45

45. (1) Where the Minister is satisfied that a Land Council has refused, or is
unwilling, to give its consent to the grant of a mining interest by reason
that the applicant for the grant will not enter into an agreement proposed by
the Land Council as consideration for the giving of its consent to the grant,
the Minister may, after consultation with the Land Council and with the
applicant for the grant, appoint an Arbitrator, being a person whom the
Minister considers to be in a position to deal with the matter impartially, to
determine the terms and conditions of the agreement that, in the opinion of
the Arbitrator, should be acceptable to the Land Council and to the applicant
as consideration for the giving by the Land Council of its consent to the
grant.

(2) Where the Arbitrator has determined the terms and conditions of an
agreement under sub-section (1) and the applicant for the grant is willing to
enter into that agreement with the Land Council, the Land Council shall enter
into that agreement with the applicant and, in consideration of that
agreement, shall give its consent to the grant sought by the applicant.

(3) Where the Minister is satisfied that a Land Council has refused, or is
unwilling, to comply with sub-section (2), the Minister may, on behalf of the
Land Council, enter into such agreement and give such consent as is required
of the Land Council by that sub-section.

(4) This section applies in relation to a consent referred to in paragraph 41
(1) (a) as if-

   (a)  a reference in this section to the grant of a mining interest were a
        reference to the application, in the manner referred to in section 41,
        to any Aboriginal land of the Atomic Energy Act 1953 or any other Act
        authorizing mining for minerals;

   (b)  the reference in sub-section (1) to consultation with the applicant
        for the grant were omitted; and

   (c)  subject to paragraph (b), a reference in this section to the applicant
        for the grant were a reference to the Commonwealth.