Senator BOLKUS(8.50 p.m.) —Madam Temporary Chair, there is a difference. I would suggest that we put the Democrat-Green and Harradine amendments first, then the Labor amendments and then the government amendments. Our policy is that we do not think it is possible to restore native title where there has been and where there are current opal and gem mining—or mining basically. We believe that the right to negotiate should apply to new areas. As a consequence, we have proposed an additional subsection 5A to limit the exclusory effect of 26C. I think this it is somewhat close to the government's, but I am told that there are some differences of emphasis. That is about as far as it goes.

The position that we have taken is that, in respect of those areas which are currently being mined—the specific areas of mining as opposed to the broader areas of a permit—we should acknowledge that in those cases it is hard to restore native title but, in terms of new areas, we should have the right to negotiate.