[1] s.2 of the Amendment Act provides for the various groups of amendments to take effect when proclaimed, or within 9 or 12 months after Assent (27 July 1998) if not proclaimed by then. Under the transitional provisions in schedule 5 of the Amendment Act, some of those amendments will be retroactive to 23 December 1996 ( the date of the Wik decision).

[2] s.233.

[3] s.235.

[4] s.23(2).

[5] s.28.

[6] s.236.

[7] s.22.

[8] ss.24 and 25.

[9] s.235(8)(c).

[10] s.13(3).

[11] Probably because it does not address the other difficulties, which could only be satisfactorily addressed by legislation.

[12] ss.26 and 28.pp

[13] By definition, all future acts affect native title - see ss.233, 227.

[14] s.24OA. This section provides for partial invalidity. Compare s.24AA(2), which appears to provide for total invalidity. Section 24AA(2) appears to be intended as an overview of the future act provisions, and will probably not be interpreted as "providing otherwise" as an exception to s.24OA.

[15] For example, s.24HA, covering future acts relating to the management of water and airspace.

[16] For example, s.24LA, covering low impact future acts.

[17] For example, s.28, covering future acts which satisfy the right to negotiate procedures.

[18] s.24AB(2).

[19] s.24AB(1).

[20] ss.24BB, 24CB and 24DB.

[21] ss.24BE, 24CE and 24 DF.

[22] Compare s.33, which expressly permits future act agreements under the right to negotiate procedures to include royalty based payments.

[23] s.24BC.

[24] Where there is an approved determination that native title exists, there must be an entry to that effect on the National Native Title Register under s.193, and a registered native title body corporate which either holds the native title on trust under s.56, or performs certain functions in relation to it under s.57.

[25] s.24BD(1).

[26] ss.24BG(1), 24BI(2)

[27] s.24BH(1).

[28] s.24BI(2) and (3)

[29] s.24BD(1).

[30] s.24CD(2) and (3).

[31] ss.24CG(1).

[32] A representative body must not certify an area agreement unless it is of the opinion that all reasonable efforts have been made to identify the native title holders, and those identified have authorised the agreement - see s.202(8).

[33] ss.24CK and 24CL.

[34] s.24DD.

[35] s.24DE(1) and (3).

[36] s.24DC.

[37] s.24DB(e).

[38] ss.24DH(1).

[39] ss.199A to 199F.

[40] s.199E. Details required to be entered on the register under s.199B(1) must be available to the public.

[41] s.199D.

[42] s.199F.

[43] s.199C.

[44] s.199C(2).

[45] s.24EA.

[46] s.24EB(2).

[47] s.24EB(3).

[48] ss.24EB(4)-(7).

[49] s.24EBA(1)(a).

[50] s.24EBA(1)(b). In some cases, where a non-government person is liable to pay compensation, that person must also be a party to the agreement - s.24EBA(1)(c).

[51] s.239.

[52] s.24EBA(2).

[53] s.24EBA(3).

[54] s.24EBA(5).