Native Title Part 2 Future acts etc. and native title Division 3 Section 26D (b) if at the end of 90 days, or such longer period as the Commonwealth Minister allows, after doing so, the conditions in this section would still not be satisfied—by legislative instrument, revoke the determination. 26D Excluded mining acts: earlier valid acts Renewal of valid mining lease etc. (1) This Subdivision does not apply to an act consisting of the creation of a right to mine if: (a) the creation of the right is done by: (i) the renewal; or (ii) the re-grant or re-making; or (iii) the extension of the term; of an earlier right to mine; and (b) the earlier right: (i) was created on or before 23 December 1996 by an act that is valid (including because of Division 2 or 2A); or (ii) was created by an act to which this Subdivision applied that was not invalid to any extent under section 28; and (c) the area to which the earlier right relates is not extended; and (d) the term of the right is not longer than the term of the earlier right; and (e) no rights are created in connection with the right that were not created in connection with the earlier right. Act contemplated by exploration or prospecting agreement etc. (2) This Subdivision does not apply to an act (the later act) consisting of the creation of a right to mine if: (a) before the later act takes place, an act (the earlier act) consisting of the creation of a right to explore or prospect took place; and (aa) the earlier act took place after the commencement of this section; and Compilation No. 47 Native Title Act 1993 129 Compilation date: 25/09/2021 Registered: 22/10/2021 Authorised Version C2021C00450 registered 22/10/2021