The Howard Government's response to the 1996 High Court Wik judgment was alarmist and discriminatory, predicated on winding back native title rights previously recognised by this judgment.

The Government's response was formulated in Howard's '10-Point Plan' which set out 10 principles for amending the Native Title Act 1993:

1. The National Native Title Tribunal holds absolute authority over claims for Native Title
2. State governments are empowered to extinguish Native Title over crown lands for matters of 'national interest'
3. Lands providing public amenities exempt from Native Title claims
4. Mining and pastoral leases allowed to co-exist with Native Title
5. The National Native Title Tribunal can create access to traditional lands rather than granting full Native Title
6. A registration test imposed on all claimants
7. Removal of the right to claim Native Title in or around urban areas
8. Permits government to manage land, water and air issues in any site
9. Very strict time limits placed on all claims
10. Creation of Indigenous Land Use Agreements to promote co-existence

In contrast to the 1993 Act, the 10-Point Plan and the resulting Native Title Act Amendment Bill were drawn up without the consent of, or consultation with, Indigenous people. The eventual passage of the Native Title Amendment Act 1998 was facilitated by a deal between the Howard Government and independent Senator Brian Harradine, also without Indigenous involvement or consent.

The Native Title Amendment Act resulted in the winding back of Indigenous rights and the outright extinguishment of native title in some instances. At the same time, non-indigenous land interests secured windfall gains.

The most concerning elements of the NTAA relate to:

• 'right to negotiate' provisions;
• validation provisions;
• 'confirmation' of extinguishment provisions;
• primary production upgrade provisions.

The 1998 amendments were referred to the United Nations Committee for the Elimination of Racial Discrimination (CERD) and found to be in breach of Australia's international human rights obligations.

A discriminatory aspect of the Commonwealth's approach to native title which has received comparatively little consideration is the ongoing extinguishment of native title caused as a result of the deliberately inadequate resources provided to indigenous bodies charged with protecting native title.