48No further applications within certain periods

48 No further applications within certain periods

(1A) Subsections (1) to (4A) have 3 separate applications as follows: (a) the first application is in relation to petroleum and for this purpose those subsections apply as if: (i) 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 (ii) 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; (b) the second application is in relation to geothermal energy resources and for this purpose those subsections apply as if: (i) 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 (ii) 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; (c) the third application is in relation to minerals other than petroleum or geothermal energy resources and for this purpose those subsections apply as if: (i) 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 (ii) 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. (1) Where a Land Council refuses to consent to the grant of an exploration licence in respect of particular land, a further application under section 41 shall not be made in respect of that land, or an area within that land, by any person except as provided in subsection (2), (3), (4) or (4A). (2) Where a Land Council has refused to consent to the grant of an exploration licence, the applicant may, during the re‑application period, make a further application under section 41 to the Land Council in respect of the same land or an area within that land.

Note: See also the requirement in subsection (4B) (about having a consent to negotiate).

(3) Where: (a) a Land Council has refused to consent to the grant of an exploration licence; (b) at any time after the refusal, the Land Council applies to the Minister under this subsection; and (c) 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: (i) 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; (ii) the circumstances or concern that resulted in the refusal are no longer applicable; and (iii) 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: (d) within 90 days—by the original applicant; or (e) 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.