Part 2 Native Title Division 3 Future acts etc. and native title Section 26A high-water mark of the sea. A reference to an act to which this Subdivision applies is to be read as referring to the act to that extent only. 26A Approved exploration etc. acts (1) If the conditions in this section are satisfied, the Commonwealth Minister may, by legislative instrument, determine that an act, or that each act included in a class of acts, is an approved exploration etc. act. First condition (2) The first condition is that the act, or acts included in the class, consist of the creation or variation of a right to mine, where the right as so created or varied is a right to explore, a right to prospect or a right to fossick. Second condition (3) The second condition is that the Minister is satisfied that the act or acts are unlikely to have a significant impact on the particular land or waters concerned. Drilling and second condition (4) If the act or acts authorise drilling, this does not mean that the second condition cannot be satisfied. Third condition (5) The third condition is that the Minister has: (a) notified any relevant representative Aboriginal/Torres Strait Islander bodies, and notified the public in the determined way, of the proposed determination; and (b) invited submissions from them about the proposed determination; and (c) considered any submissions made in response to the invitation. 120 Compilation No. 47 Native Title Act 1993 Compilation date: 25/09/2021 Authorised Version C2021C00450 registered 22/10/2021 Registered: 22/10/2021