Aboriginal Lands Trust Act 2013

If, in relation to an application under section 53—

the Trust refuses permission to carry out mining operations or regulated activities on Trust Land; or

the Trust grants its permission to carry out mining operations or regulated activities on Trust Land subject to conditions that are unacceptable to the applicant; or

the applicant has not, within 4 months after the date of the application, received notice of a determination under section 53(6), the applicant may, in a manner and form determined by the Minister to whom the administration of the relevant mining Act is committed, request that

If the Minister to whom the administration of the relevant mining

At least 21 days before an arbitrator is appointed under subsection (2), the Minister to whom the administration of the relevant mining Act is committed must—

inform the Trust of whom he or she proposes to appoint;

consider any submissions of the Trust in relation to the proposed appointment.

The arbitrator—

must be—

a judge, or retired judge, of the High Court, the Federal Court of

a legal practitioner of at least 7 years standing;

has the powers of a commission of inquiry under the

may refer a question of law for the opinion of the Court of

After hearing the evidence and submissions of—

the Trust; and

the applicant; and

the Minister to whom the administration of the relevant mining Act is committed; and

the Minister to whom the administration of this Act is committed, and any other evidence and submissions he or she thinks fit to receive, the arbitrator may—

affirm, vary or reverse the determination of the Trust in respect of the application for permission; or

if no determination has been made by the Trust in respect of the application for permission—determine the application as the arbitrator thinks fit.

The arbitrator may, if he or she thinks fit, award against the applicant and in favour of the Trust an amount that represents, in the arbitrator's opinion, the reasonable costs and expenses incurred by the Trust in relation to the arbitration.

An amount awarded under subsection (6) may be recovered by the Trust as a debt.

In determining an arbitration under this section, the arbitrator must have regard to—

the effect of granting the relevant mining authority on—

Aboriginal persons with an interest in, and any other residents on, the Trust Land; and

the activities of the Trust; and

the suitability of the applicant to carry out the proposed mining operations or regulated activities and capacity, in carrying out those operations, to minimise disturbance to the Trust Land; and

the preservation of the natural environment; and

the economic and other significance of the operations to the State and Australia, and may have regard to any other matter the arbitrator thinks appropriate.

The arbitrator must hear and determine the arbitration as expeditiously as possible.

A determination under this section is binding on the Trust, the applicant and the Crown.

The Arbitration Act 1891 does not apply to an arbitration under this section.

The regulations may make further provision in relation to an arbitration under this section.