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Mining


Rock Introduction
Mining & Exploration under:
Rock The Land Rights Act Rock The Native Title Act


Rock Under the Land Rights Act Rock Exploration Licence Agreement

   
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Exploration Licence Agreement - Process Summary

 
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Exploration Licence Application
The mining company applies to the Northern Territory Department of Mines and Energy (DME) for a licence or permit.

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Consent to Negotiate
The Minister for Mines and Energy grants the mining company 'consent to negotiate' with the NLC.

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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proposal and mining details to the NLC within three months, otherwise the application is deemed to have been withdrawn.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.

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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.

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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.

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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.

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