Subsection (1) of section 1 shall not apply to any mines and minerals with respect to which a merging order has been made under section 8 of the Act of 1959 (power of Ministry by order to merge all rights to or in relation to mines or minerals in any land which are vested in the Ministry by virtue of section 6 of that Act in the fee simple in that land, where the minerals are of insignificant quantity or value).