Part 2 Native Title Division 3 Future acts etc. and native title Section 26C 26C Excluded opal or gem mining Mining other than exploring or prospecting (1) This Subdivision does not apply to an act consisting of the creation or variation of a right to mine, if the right, as so created or varied: (a) is not a right to explore or prospect; and (b) relates solely to land or waters wholly within an approved opal or gem mining area (see subsection (2)); and (c) allows: (i) mining (other than puddling) only for opals or gems; or (ii) mining consisting of puddling in respect of opals or gems; and (d) allows that mining only in an area no larger than 5 hectares; and (e) is conferred for a period of no more than 5 years; and (f) if the right is able to be renewed one or more times—is able to be renewed for no more than 5 years each time. Exploring or prospecting (1A) This Subdivision also does not apply to an act consisting of the creation or variation of a right to mine that is a right to explore or prospect, if the right, as so created or varied: (a) relates solely to land or waters wholly within an approved opal or gem mining area (see subsection (2)); and (b) allows exploration or prospecting only for opals or gems; and (c) allows that exploration or prospecting in an area no larger than 500 hectares; and (d) is conferred for a period of no more than 5 years; and (e) if the right is able to be renewed one or more times—is able to be renewed for no more than 5 years each time. Approved opal or gem mining area (2) If the conditions in subsections (3) to (5A) are satisfied, the Commonwealth Minister may, by legislative instrument, determine 126 Compilation No. 47 Native Title Act 1993 Compilation date: 25/09/2021 Authorised Version C2021C00450 registered 22/10/2021 Registered: 22/10/2021