Native Title Part 2 Future acts etc. and native title Division 3 Section 26B 26B Approved gold or tin mining acts (1) If the conditions in this section are satisfied, the Commonwealth Minister may, by legislative instrument, determine that each act included in a class of acts done by a State or Territory is an approved gold or tin mining act. First condition (2) 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 acts in the class. Second condition (3) The second condition is that acts included in the class consist of the creation or variation of rights to mine, where the rights as so created or varied are rights to mine gold, or tin, in surface alluvium. Third condition (4) The third condition is that, by or under a law of the State or Territory, the only way in which the gold or tin may be recovered from the material that is mined is by a washing or an aeration process. Fourth condition (5) The fourth condition is that, by or under a law of the State or Territory, the persons given the rights to mine will be required to rehabilitate any area of land or waters, in which the mining takes place and in relation to which native title rights and interests may exist, for the purpose of minimising the impact of the mining on the land or waters. Fifth condition (6) The fifth condition is that the Commonwealth Minister has: Compilation No. 47 Native Title Act 1993 123 Compilation date: 25/09/2021 Registered: 22/10/2021 Authorised Version C2021C00450 registered 22/10/2021