An exploration licence must not be granted to a person in respect of Aboriginal land (including Aboriginal land in a conservation zone) unless:
(a) the Land Council for the area in which the land is situated gives consent under subsection 42(1) to the grant of the licence; or
(b) the Governor - General has, by Proclamation, declared that the national interest requires that the licence be granted;
and the Land Council and the person have entered into an agreement under this Part as to the terms and conditions to which the grant of the licence will be subject.