Sections 41 and 42 of the ALRA clearly spell out the procedures for consultation and negotiation between Aboriginal owners, defined as ‘traditional owners’, other interested or affected Aboriginal people, and mining companies. The first meetings that take place are known as ‘consent to negotiate’ meetings, and in the Tanami Desert these are convened by the CLC. The CLC is responsible for identifying and bringing together the correct groups of traditional owners (as defined by the ALRA) to consider the mining company’s Exploration Licence Application. The blocks of land that are the subject of such applications are determined by the Northern Territory Government and subsequently offered to one applicant mining company under the Northern Territory Mining Act 1980. The ‘consent to negotiate’ meeting is the point at which Aboriginal people exercise the power of veto over an application. They may reject outright the proposal of a company to explore over a certain application for any number of reasons that do not necessarily have to be disclosed. If an application is approved by traditional owners, an Exploration Licence is granted and an agreement is forged between the CLC on behalf of Warlpiri and the applicant mining company. Such agreements include stipulations regarding protection of Warlpiri land interests (places), financial compensation in the form of royalties, infrastructure development, provision of employment opportunities, and a realistic environmental protection program (Ireland 1996: 2; CLC 1998a). A separate agreement is concluded if the stage is reached where actual mining can proceed and be profitable.

The right of veto through the procedure of consent to negotiate is the key element of the mining provisions of the ALRA that enables Warlpiri people to regulate access to, and potential developments on, their land and places. The right of veto was identified by Woodward (1974) during the Aboriginal Land Rights Commission as the means by which Aboriginal people could be given realistic control over their land and help to establish a meaningful economic base by the subsequent negotiation of royalties and rentals from development on their land. The right of veto has been consistently contested by the majority of the mining industry, and also in some political quarters, on the grounds that it potentially locked up resources and that royalties paid to Aboriginal people would shorten mine life and adversely affect the national economic interest (Altman and Peterson 1984). The record of gold exploration and mining in the Tanami Desert has clearly disproved such a contention.

There have been significant social and economic benefits that have flowed to both traditional owners and the mining industry through the CLC’s execution of the statutory processes of the ALRA in the Northern Territory. In particular, this process has been assisted by the more progressive mining companies that recognise the special nature of the link between Aboriginal people and the land (CLC 1998a: 49). From the more enlightened industry perspective, the success of the agreements made between mining companies and Warlpiri people in the Tanami Desert hinges on a company’s respect for this special link and is the foundation of a workable and mutually beneficial relationship (Ireland 1996: 1).

Manning (1997: 26) has noted that during the last decade there has been a dramatic increase in the total area covered by mineral exploration licences in the Northern Territory. This has been primarily due to negotiations over land in advance and the establishment of protocols between Land Councils and mining companies that have combined to speed up and streamline processes involved in making agreements. Whilst this observation indicates the familiarity that Aboriginal people have developed with the procedures for access to exploration on their lands, it is clear that a comfortable relationship did not develop overnight. The relative ease of gaining access to Aboriginal land for mining companies is in contrast to the operational difficulties experienced by both Warlpiri and mining companies that have been encountered in the actual day-to-day workings of agreements. The process of finding a balance between Warlpiri interests in identifying and protecting their places and the desire of mining companies to maximise the amount of land at their disposal for gold exploration was a difficult one. The introduction of both mining companies and Warlpiri to each other and the Tanami Desert has thrown up intriguing questions as to the contemporary definitions of place, space and jukurrpa (dreamtime) for Warlpiri.