Native Title Part 2 Future acts etc. and native title Division 3 Section 26C that a specified area of land or waters within a particular State or Territory is an approved opal or gem mining area for the purposes of this section. First condition (3) The first condition is that the relevant State Minister or Territory Minister has requested the Commonwealth Minister in writing to make such a determination in relation to the area. Second condition (4) The second condition is that the Commonwealth Minister is satisfied, having regard to: (a) any mining rights conferred in the past in the area; and (b) any other relevant matter; that in the future at least some rights will be conferred to mine in the area that will: (c) allow: (i) mining for opals or gems (other than mining consisting of exploring, prospecting or puddling) only in an area no larger than 5 hectares; or (ii) mining consisting of puddling in respect of opals or gems only in an area no larger than 5 hectares; or (iii) mining consisting of exploration or prospecting for opals or gems in an area no larger than 500 hectares; and (d) be conferred for a period of no more than 5 years; and (e) if the rights are renewed one or more times—be renewed for a period of no more than 5 years each time. Compilation No. 47 Native Title Act 1993 127 Compilation date: 25/09/2021 Registered: 22/10/2021 Authorised Version C2021C00450 registered 22/10/2021