Exploration
Licence Application
The mining company applies to the Northern Territory Department
of Mines and Energy (DME) for a licence or permit.
Consent to
Negotiate
The Minister for Mines and Energy grants the mining company
'consent to negotiate' with the NLC.
Application
for Consent
The mining company must submit its application including exploration
proposal and mining details to the NLC within
three months, otherwise the application is deemed to have
been withdrawn. The exploration proposal must describe all
aspects of the exploration activity including possible impact
on the environment and the social impacts.
Consultation
Having ensured that the proposal provides adequate information
for traditional landowners to make a decision, the NLC
informs traditional owners and affected groups and communities
within 30 days, and organises a meeting at which the applicant
presents its proposal. A representative of the Federal
Minister for Aboriginal Affairs may also attend the meeting.
The traditional landowners have the right to
instruct the NLC to refuse consent to an exploration
proposal that affects their land. Refusal freezes the application
for five years after which the same company may re-apply.
Alternatively, traditional landowners may instruct the NLC to negotiate an agreement with the company.
Negotiation
of Agreement
Negotiations must be concluded within 12 months. The
NLC provides the company with a draft exploration
agreement containing fundamental clauses, and the company
is invited to use this document as a basis for negotiations.
A liaison committee of traditional landowners can be involved
in negotiations. The negotiated agreement is then presented
at a meeting of traditional landowners for their consideration.
Agreement
Once the traditional landowners have instructed the Northern
NLC to enter into the Agreement, their decision
must be considered by the NLC Full Council to ensure
that due process has been adhered to. The NLC must
then seek the approval of the Federal Minister for Aboriginal
and Torres Strait Islander Affairs to enter into the Agreement.
Once the Agreement has been executed by all
parties, the NLC then notifies the Northern Territory
Minister for Mines and Energy who subsequently issues
the exploration licence for a period of six years, with an
ability to extend for a further four years.