Exploration on Aboriginal land

To explore for minerals on Aboriginal land, you must first apply for an exploration licence over that land.

See the application process below.

Consent to enter negotiations

After you apply for an exploration licence over that land, the Department of Industry, Tourism and Trade (DITT) issues a consent to enter negotiations with the relevant land council.

This is done under section 62(1)(b) of the Mineral Title Act 2010.

This consent to negotiate activates processes under part IV of the Aboriginal Land Rights (Northern Territory) Act 1976 (ALRA).

Lodge application

Once consent to negotiate is issued, you have 3 months to:

• lodge an application with the relevant land council and
• provide a copy to the DITT.

Read more about application requirements under section 41(6) of the ALRA.

You should also make contact with the relevant land council as soon as consent to negotiate is issued.

The land councils have guidelines to assist you in preparing your application.

Negotiations or ALRA moratorium

The initial negotiating period starts from the date your application is lodged with the relevant land council.

During the negotiating period, the relevant land council will invite you to attend on-country meetings with the Traditional Owners (TOs).

Read more under section 42 of the ALRA.

The DITT may also attend the on-country meetings. They can provide you with information and make suggestions on how to prepare for them.

For help, get the on-country presentation template PPS (866.0 KB) or call the DITT's land access officer on 08 8999 6357.

In the on-country meetings, you will need to talk to the TOs about your plans for exploration.

After the meeting, they will provide you with one of the following decisions:

• yes - you can enter into negotiations with a view of reaching an agreement or
• no - suspend the application.

If your exploration licence is suspended, it will go into moratorium for 5 years.

You can apply again at the end of this period. Read more under section 48(2) of the ALRA.

At any stage during the 5 years, the TOs through their relevant land council can apply to the DITT to:

• lift the moratorium and
• restart negotiations.

Reaching an agreement and consent to the grant

Under the ALRA, negotiations towards an agreement must occur within set time frames.

If you don’t reach an agreement in the initial negotiating period, you can get an extension if the relevant land council agrees.

In your exploration agreement, you must also outline potential mining activities.

If the TOs says yes to exploration, they also say yes to mining.

Once you reach an agreement with the TOs through their relevant land council and its signed by all parties, you must:

• get the agreement assessed for stamp duty by the Department of Treasury and Finance in the NT
• provide an extract of the agreement to the DITT
• have relevant land council consent to the grant.

The Native Title and Aboriginal Land Rights Unit ensure requirements under the ALRA process are followed.

This is done before your exploration licence is granted.

After grant

After the grant of your exploration licence, the DITT manages your title under the laws and regulations that cover exploration in the NT.

Read more about complying with your mineral title and mining activities.

Contact

For more information, contact the Native Title and Aboriginal Land Rights Unit by calling 08 8999 5322 or emailing ntalrunit@nt.gov.au.