Part 2 Native Title Division 3 Future acts etc. and native title Section 24MB land (or to the land adjoining, or surrounding, the waters) affected; or (b) the effect of the act on the native title in relation to the land or the waters is not such as to cause the native title holders to be in a more disadvantageous position at law than they would be if they instead held ordinary title to the land (or to the land adjoining, or surrounding, the waters). Example 1: An example of a future act covered by paragraph (a) is the making of legislation that permits mining on land in respect of which there is either native title or ordinary title. Example 2: An example of a future act covered by paragraph (b) is the amendment of legislation that permits mining on land that is subject to ordinary title so that it will also permit mining, on the same terms, on land in relation to which native title exists. 24MB Non-legislative acts Freehold test (1) This Subdivision applies to a future act if: (a) it is an act other than the making, amendment or repeal of legislation; and (b) either: (i) the act could be done in relation to the land concerned if the native title holders concerned instead held ordinary title to it; or (ii) the act could be done in relation to the waters concerned if the native title holders concerned held ordinary title to the land adjoining, or surrounding, the waters; and (c) a law of the Commonwealth, a State or a Territory makes provision in relation to the preservation or protection of areas, or sites, that may be: (i) in the area to which the act relates; and (ii) of particular significance to Aboriginal peoples or Torres Strait Islanders in accordance with their traditions. 104 Compilation No. 47 Native Title Act 1993 Compilation date: 25/09/2021 Authorised Version C2021C00450 registered 22/10/2021 Registered: 22/10/2021