Commonwealth Consolidated Acts

NATIVE TITLE ACT 1993 - SECT 33

Profits, income etc.

  (1)   Without limiting the scope of any negotiations, they may, if relevant, include the possibility of including a condition that has the effect that native title parties are to be entitled to payments worked out by reference to:

  (a)   the amount of profits made; or

  (b)   any income derived; or

  (c)   any things produced;

by any grantee party as a result of doing anything in relation to the land or waters concerned after the act is done.

Existing rights, interests and use

  (2)   Without limiting the scope of any negotiations, the nature and extent of the following may be taken into account:

  (a)   existing non - native title rights and interests in relation to the land or waters concerned;

  (b)   existing use of the land or waters concerned by persons other than native title parties;

  (c)   the practical effect of the exercise of those existing rights and interests, and that existing use, on the exercise of any native title rights and interests in relation to the land or waters concerned.