Part IV of the Aboriginal Land Rights (Northern Territory) Act 1976 (Cth) is a comprehensive, mandatory regime from which parties cannot contract out. A Land Council consent under para 40(a) cannot be expressed to be conditional upon terms that set aside or override Part IV, including terms requiring a second consent at the mining stage or excluding the statutory right to compulsory conciliation/arbitration under s 46. Contractual provisions in exploration deeds that are inconsistent with Part IV are void.
The full text is available to signed-in members, including the 1 later case that cites this judgment.