Native Title Part 2 Future acts etc. and native title Division 3 Section 33 subsection 31(1) applies as if the notice did not include such a statement. 33 Negotiations to include certain things 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. 34 No agreement if determination An agreement of the kind mentioned in paragraph 31(1)(b) has no effect in relation to the act for the purposes of this Subdivision if it is made after the making of a determination under section 36A or 38. Compilation No. 47 Native Title Act 1993 141 Compilation date: 25/09/2021 Registered: 22/10/2021 Authorised Version C2021C00450 registered 22/10/2021