Facilitating Exploration
While the Land Rights Act is primarily social justice legislation for the granting of traditional Aboriginal land in the Northern Territory for the benefit of Aboriginal people, it is clear that the Land Rights Act facilitates exploration and mining.

Established Process
The Land Rights Act provides an established process which offers certainty for developers and landowners. The Land Council can ensure that the rightful owners are party to the consultations and negotiations; that any agreement is based on presentation of all relevant information in an objective manner; and that any agreement made will be honoured.

Under the Land Rights Act, Aboriginal landowners have the right to say "yes" or "no" to mining and minerals exploration on their land. Justice Woodward said in the findings of his Royal Commission into Aboriginal Land Rights:

If Aboriginal landowners agree to minerals exploration, they are also deemed to have consented to any mining production resulting from that exploration. Therefore, negotiations over exploration agreements often include provisions for actual mining.

Relevant Legislation
The laws governing the granting of exploration licences and petroleum permits on Aboriginal land in the NT are the Northern Territory Mining Act 1980 and the Land Rights Act. An exploration licence or permit which allows the holder to explore for minerals or hydrocarbons cannot be issued by the NT Minister for Mines and Energy unless the applicant and the Land Council have entered into an agreement. Part IV of the Land Rights Act gives a clear procedure for a prospective company to obtain exploration and mining rights on Aboriginal land.

Royalties
An equivalent amount of royalties paid to the Northern Territory and Federal Governments for mining on Aboriginal land is paid to the Aboriginals Benefits Account. The ABA then distributes 30% the royalties to Aboriginal people affected by the mining on their land, 40% of the royalties to Northern Territory Land Councils to administer their statutory responsibilities and a further 30% for the administration of the ABA and for distribution to Aboriginal people throughout the Northern Territory.