Native Title Part 2 Future acts etc. and native title Division 3 Section 24MA (iii) the conferral of a right of exclusive possession over any of the land or waters; or (iv) the excavation or clearing of any of the land or waters; or (v) mining (other than fossicking by using hand-held implements); or (vi) the construction or placing on the land, or in the waters, of any building, structure, or other thing (other than fencing or a gate), that is a fixture; or (vii) the disposal or storing, on the land or in the waters, of any garbage or any poisonous, toxic or hazardous substance. Exclusion for public health or safety etc. (2) Subparagraph (1)(b)(iv) does not apply to: (a) excavation or clearing that is reasonably necessary for the protection of public health or public safety; or (b) tree lopping, clearing of noxious or introduced animal or plant species, foreshore reclamation, regeneration or environmental assessment or protection activities. Validation of act (3) If this Subdivision applies to a future act, the act is valid. Non-extinguishment (4) The non-extinguishment principle applies to the act. Subdivision M—Acts passing the freehold test 24MA Legislative acts This Subdivision applies to a future act if it is the making, amendment or repeal of legislation and: (a) the act applies in the same way to the native title holders concerned as it would if they instead held ordinary title to the Compilation No. 47 Native Title Act 1993 103 Compilation date: 25/09/2021 Registered: 22/10/2021 Authorised Version C2021C00450 registered 22/10/2021