Coulthard v State of South Australia (Adnyamathanha, Ngadjuri and Wilyakali Overlap Claim)
[2018] FCA 1993
•14 December 2018
FEDERAL COURT OF AUSTRALIA
Coulthard v State of South Australia (Adnyamathanha, Ngadjuri and Wilyakali Overlap Claim) [2018] FCA 1993
File number: SAD 6001 of 1998 Judge: WHITE J Date of judgment: 14 December 2018 Catchwords: NATIVE TITLE – consent determination – requirements under s 87 of the Native Title Act 1993 (Cth) – one single society made up of three groups which hold native title – agreement of parties – determination of native title by consent. Legislation: Native Title Act 1993 (Cth) ss 55, 56, 66, 67, 87, 87A, 94A, 223, 225 Cases cited: Akiba v Queensland (No 3) [2010] FCA 643; (2010) 204 FCR 1
Budby on behalf of the Barada Barna People v State of Queensland (No 7) [2016] FCA 1271
Daniel v Western Australia [2004] FCA 849; (2004) 138 FCR 254
Eringa, Eringa (No 2), Wangkangurru/Yarluyandi and Irrwanyere Mt Dare Group Claims [2008] FCA 1370
Far West Coast Native Title Claim v State of South Australia (No 7) [2013] FCA 1285
King on behalf of the Eringa Native Title Claim Group v State of South Australia [2011] FCA 1386; (2011) 285 ALR 454
Lovett on behalf of the Gunditjmara People v State of Victoria [2007] FCA 474
McNamara on behalf of the Gawler Ranges People v State of South Australia [2011] FCA 1471
Members of the Yorta Yorta Aboriginal Community v State of Victoria [2002] HCA 58; (2002) 214 CLR 422
Munn (for and on behalf of the Gunggari People) v Queensland [2001] FCA 1229; (2001) 115 FCR 109
Risk v Northern Territory of Australia [2006] FCA 404
Sampi on behalf of the Bardi and Jawi People v State of Western Australia [2005] FCA 777
Smith v State of Western Australia [2000] FCA 1249; (2000) 104 FCR 494
Date of hearing: 14 December 2018 Registry: South Australia Division: General Division National Practice Area: Native Title Category: Catchwords Number of paragraphs: 44 Counsel for the Adnyamathanha Applicants: Mr G Harbord with Mr R Bradshaw Solicitor for the Adnyamathanha Applicants: Johnston Withers Counsel for the Ngadjuri Applicants: Mr A Beckworth Solicitor for the Ngadjuri Applicants: South Australian Native Title Services Counsel for the Wilyakali Applicants: Ms B Lena Solicitor for the Wilyakali Applicants: South Australian Native Title Services Counsel for the for the State of South Australia: Mr P Tonkin Solicitor for the State of South Australia: Crown Solicitor for the State of South Australia Counsel for the Pastoralists, Apiarists and Local Government interests: Mr T Mellor with Ms C Divakaran Solicitor for the Pastoralists, Apiarists and Local Government interests: Mellor Olsson Counsel for Boss Uranium and Epic Energy: Mr E Vickery Solicitor for Boss Uranium and Epic Energy: Minter Ellison Counsel for the Kalkaroo Pastoral Co: Ms A Steed Solicitor for the Kalkaroo Pastoral Co: Steed Lawyers Counsel for the remaining parties: The remaining parties were excused from appearing ORDERS
SAD 6001 of 1998 BETWEEN: VINCENT COULTHARD AND OTHERS NAMED IN THE SCHEDULE (Adnyamathanha No 1 Native Title Claim (SAD6001/1998))
First Applicant
VINCENT BRANSON AND OTHERS NAMED IN THE SCHEDULE (Ngadjuri Native Title Claim (SAD147/2010))
Second Applicant
BEVERLEY BATES AND OTHERS NAMED IN THE SCHEDULE (Wilyakali No 2 Native Title Claim (SAD417/2015))
Third Applicant
AND: STATE OF SOUTH AUSTRALIA AND OTHERS NAMED IN THE SCHEDULE
Respondent
JUDGE:
WHITE J
DATE OF ORDER:
14 DECEMBER 2018
THE COURT NOTES THAT:
A.This determination covers the whole area of the Adnyamathanha, Ngadjuri and Wilyakali Overlap Claim (SAD 6001 of 1998) which is a combination of the remaining undetermined Adnyamathanha No 1 Native Title Determination Application (SAD 6001 of 1998) (Adnyamathanha No 1 claim), the whole of the Ngadjuri Nation Native Title Determination Application (SAD 147 of 2010) (Ngadjuri claim) and the whole of the Wilyakali No 2 Native Title Determination Application (SAD 417 of 2015) (Wilyakali No 2 claim). The determination area is described in Schedule 1 of this determination.
B.The Parties have now reached agreement as to the terms of a determination of native title to be made in relation to the Determination Area. They have signed this agreement in writing which will be filed with this Court pursuant to section 87(1) of the Native Title Act 1993 (Cth) to seek the making of consent orders for a determination.
C.The Parties acknowledge that the effect of the making of this determination will be that the three native title claimant groups in combination will be recognised as the native title holders for the Native Title Land as defined at paragraph 3 of this Order with the determination area split into three areas as follows:
(a)a combination of the Adnyamathanha people and the Ngadjuri people will be recognised as the native title holders for the West area of the Determination Area;
(b)a combination of all three peoples will be recognised as the native title holders for the Central area of the Determination Area; and
(c)a combination of the Adnyamathanha people and the Wilyakali people will be recognised as the native title holders for East area of the Determination Area.
D.The Parties agree that the effect of the determination is not to increase the burdens on other interest holders and third parties (including future interest holders and third parties) in the Determination Area by reason of the fact that the native title holding group is a combination of three groups and, for this reason, there will be a single Registered Native Title Body Corporate with single processes for future acts or Aboriginal heritage purposes. In addition, the terms agreed in Order 17 are to ensure that all necessary existing Native Title Mining Agreements relating to the Determination Area remain in force with the Registered Native Title Body Corporate taking the place of the native title party in each.
E.The Parties have reached agreement as to the extinguishing effect of the various tenures granted in the Determination Area for the purposes of the making of consent orders. The Parties agree that native title is extinguished over those parcels set out in Schedule 3 to these Orders.
F.The Parties have requested that the Court make a determination over the Determination Area without a trial.
BY CONSENT THE COURT MAKES THE FOLLOWING DETERMINATION OF NATIVE TITLE PURSUANT TO SECTION 87 OF THE NATIVE TITLE ACT:
Interpretation
1.In this determination, including its schedules:
(a)unless the contrary intention appears, the words and expressions used have the same meaning as they are given in Part 15 of the Native Title Act;
(b)in the event of an inconsistency between a description of an area in a schedule and the depiction of that area on the maps in Schedule 1 and Annexure A, the written description shall prevail.
Determination Area
2.Schedule 1 describes the external boundaries of the Determination Area which is divided up as follows:
(a)West Area means that part of the Determination Area as is described in Part 1 of Schedule 1 (and shown as “West Area” in the maps forming part of that Schedule);
(b)Central Area means that part of the Determination Area as is described in Part 2 of Schedule 1 (and shown as “Central Area” in the maps forming part of that Schedule);
(c)East Area means that part of the Determination Area as is described in Part 3 of Schedule 1 (and shown as “East Area” in the maps forming part of that Schedule).
Existence of Native Title
3.Subject to items 1, 2, 3 and 4 of Schedule 3, native title exists in the lands and waters described in Schedule 2 (‘Native Title Land’).
4.Native title has been extinguished in those areas described in Schedule 3.
5.Public Works constructed, established or situated after 23 December 1996 have had such effect as has resulted from Part 2, Division 3, of the Native Title Act.
The Native Title Holders
6.The Native Title Holders hold the Native Title Rights and Interests in the Native Title Land as follows:
(a)in relation to that Native Title Land within the West Area of the Determination Area, those living Aboriginal persons who are described in Schedules 4 and 5 who:
(i)identify as Adnyamathanha or Ngadjuri; and
(ii)are recognised by other Native Title Holders under the respective Adnyamathanha or Ngadjuri traditional laws and customs as having maintained an affiliation with, and continuing to hold native title rights and interests in, Part 1 of the Determination Area; and
(b)in relation to that Native Title Land within the Central Area of the Determination Area, those living Aboriginal persons who are described in Schedules 4, 5 and 6 who:
(i)identify as Adnyamathanha or Ngadjuri or Wilyakali; and
(ii)are recognised by other Native Title Holders under the respective Adnyamathanha or Ngadjuri or Wilyakali traditional laws and customs as having maintained an affiliation with, and continuing to hold native title rights and interests in, Part 2 of the Determination Area.
(c)in relation to that Native Title Land within the East Area of the Determination Area, those living Aboriginal persons who are described in Schedules 4 and 6 who:
(i)identify as Adnyamathanha or Wilyakali; and
(ii)are recognised by other Native Title Holders under the respective Adnyamathanha or Wilyakali traditional laws and customs as having maintained an affiliation with, and continuing to hold native title rights and interests in, Part 3 of the Determination Area.
Native title rights and interests
7.Subject to Paragraphs 8, 9 and 10, the nature and extent of the Native Title Rights and Interests held by the Native Title Holders are rights to use, stay on and enjoy the land and waters of the Native Title Land in their respective Part of the Determination Area, being:
(i)The right to access and move about;
(ii)The right to live, to camp and to erect shelters;
(iii)The right to hunt and fish;
(iv)The right to gather and use the natural resources such as food, plants, timber, resin, ochre and soil;
(v)The right to cook and to light fires for cooking and camping purposes;
(vi)The right to use the natural water resources;
(vii)The right to distribute, trade or exchange the natural resources;
(viii)The right to conduct ceremonies and hold meetings;
(ix)The right to engage and participate in cultural activities including those relating to births and deaths;
(x)The right to carry out and maintain burials of deceased native title holders and of their ancestors;
(xi)The right to teach on the Native Title Land the physical and spiritual attributes of locations and sites;
(xii)The right to visit, maintain and preserve sites and places of cultural or spiritual significance to Native Title Holders under their traditional laws and customs;
(xiii)The right to be accompanied on the Native Title Land by those people who, though not Native Title Holders, are:
(i)spouses of Native Title Holders; or
(ii)people required by traditional law and custom for the performance of ceremonies or cultural activities on the Native Title Land; or
(iii)people who have rights in relation to the Native Title Land according to the traditional laws and customs acknowledged by the Native Title Holders.
General Limitations
8.The Native Title Rights and Interests do not confer possession, occupation, use and enjoyment of the Determination Area on the Native Title Holders to the exclusion of others.
9.The Native Title Rights and Interests are for personal, domestic and non-commercial communal use.
10.The Native Title Rights and Interests are subject to and exercisable in accordance with:
(a)the traditional laws and customs of the Native Title Holders;
(b)the valid laws of the State and Commonwealth, including the common law.
For the avoidance of doubt, the native title rights and interests expressed in Paragraph (vi) are subject to the Natural Resources Management Act 2004 (SA).
Other rights and interests and Relationship with Native Title
11.The nature and extent of the other rights and interests in relation to the Determination Area are:
(a)the rights and interests within the Determination Area created by the pastoral leases described in Schedule 7;
(b)the interests of the Crown in right of the State of South Australia;
(c)the interests of persons to whom valid or validated rights and interests have been granted or recognised by the Crown in right of the State of South Australia or by the Commonwealth of Australia pursuant to statute or otherwise in the exercise of executive power;
(d)rights or interests held by reason of the force and operation of the laws of the State or of the Commonwealth;
(e)the rights to access land by an employee or agent or instrumentality of the State, Commonwealth or other statutory authority as required in the performance of his or her statutory or common law duties (in accordance with any valid legislation);
(f)the rights relating to the Automatic Weather Station located within the external boundaries of Section 1436, Out of Hundreds Olary, CR Volume 5337 Folio 560;
(g)the rights and interests of each of: The Flinders Ranges Council, District Council of Orroroo/Carrieton and District Council of Peterborough and:
(i)under the Local Government Act 1934 (SA) or the Local Government Act 1999 (SA);
(ii)as an entity exercising statutory powers in respect of land and waters within the Determination Area; and
(iii)in relation to dedicated land placed under its care, control and management pursuant to the Crown Land Act 1929 (SA) or the Crown Land Management Act 2009 (SA);
(h)the rights, interests and entitlements of SA Power Networks (a partnership of Spark Infrastructure SA (No.1) Pty Ltd, Spark Infrastructure SA (No.2) Pty Ltd, Spark Infrastructure SA (No.3) Pty Ltd, CKI Utilities Development Limited and PAl Utilities Development Limited) and its related and successor entities, including its rights, interests and entitlements:
(i)to exercise its entitlements and discharge its obligations as the owner and/or operator of electricity infrastructure (as defined in the Electricity Act 1996 (SA)) and telecommunications facilities and infrastructure within the Determination Area including but not limited to the electricity infrastructure identified in Schedule 10 (“Existing Infrastructure”);
(ii)to exercise its entitlements and discharge its obligations as the holder of a licence under the Electricity Act and/or as an electricity entity under the Electricity Act;
(iii)to exercise its entitlements and discharge its obligations as the holder of a carrier licence under the Telecommunications Act 1997 (Cth);
(iv)to install new electricity and telecommunications infrastructure on the Determination Area (New Infrastructure) and modify, maintain and repair Existing Infrastructure;
(v)under Easements, leases or licences (whether registered, unregistered, statutory or otherwise) relating to Existing Infrastructure or New Infrastructure on the Determination Area;
(vi)to provide its employees, agents or contractors with access to Existing Infrastructure, New Infrastructure and the Easements on the Determination Area; and
(vii)to the extent permitted by law, to restrain any person from performing any act, or compel any person to perform any act, for the purposes of ensuring that SA Power Networks complies with its obligations under any law, including, but not limited to, excluding any person from entering an area containing Existing Infrastructure or New Infrastructure for the purposes of maintaining the safety of any person and the security and protection of such infrastructure.
(i)the rights and interests of Epic Energy South Australia Pty Ltd (formerly Tenneco Gas South Australia Pty Ltd):
(i)as:
1)holder of Pipeline Licence No. 1 (PL1) issued pursuant to the Petroleum Act 1940 (SA) on 12 March 1969 and renewed on 27 March 1990 pursuant to the Petroleum Act 1940 (SA) and continuing in force by the operation of clause 2 of the Schedule to the Petroleum and Geothermal Energy Act 2000 (SA);
2)owner of the pipeline the subject thereof by virtue of having been a purchaser of the pipeline (as purchaser is defined in section 16 of the Natural Gas Authority Act 1967 (SA) as amended by the Pipelines Authority (Sale of Pipelines) Amendment Act 1995 (SA) (Sale Legislation)) from the former Pipeline Authority of South Australia (now the Natural Gas Authority of South Australia) pursuant to a Sale Agreement dated 30 June 1995 under the Sale Legislation; and
(ii)where the licensed pipeline was established pursuant to the Natural Gas Authority Act 1967 (SA) and is located within a statutory easement established by section 9 of the Sale Legislation and section 28 of the Sale Legislation provides:
1)the creation of the statutory easement under this Act, or the grant of a pipeline lease, does not affect any native title that may exist in the land to which the easement or lease relates;
2)The statutory easement under this Act does not derogate from pre-existing rights of Aboriginal people to enter, travel across or stay on land subject to the easement or lease”;
(iii)the statutory easement entitles Epic, inter alia, to install, maintain and operate the pipeline and to carry out authorised purposes including the installation, operation, inspection, extension, alteration, repair and removal of the pipeline or associated equipment and the carrying out of maintenance work on the pipeline or associated equipment;
(iv)for Epic, its employees, agents and contractors (or any of them) to enter the Determination Area to access Epic’s rights and interests and to do all things necessary to exercise those rights and interests and perform all obligations in the vicinity of the Determination Area in performance of their duties;
(j)the rights, interests and entitlements of Boss Uranium Pty Ltd (ACN 069 420 462) (including any of its related entities and successors in title from time to time) as described in the instruments listed below:
(i)as owner and operator of the Honeymoon Uranium Mine under Mining Lease Number 6109 granted pursuant to the Mining Act 1971 (SA) and any subsequent licence; and
(ii)as the holder of exploration licences and associated licences granted pursuant to the Mining Act from time to time
for its employees, agents and contractors to enter the Determination Area to access and operate its facilities in, and in the vicinity of, the Determination Area; and, to the extent permitted by law, to restrain any person from performing any act, or compel any person to perform any act, for the purposes of ensuring that Boss Uranium Pty Ltd complies with its obligations under any law, including but not limited to, excluding any person from entering the mine area for the purposes of maintaining the safety of any person and protection of the mine area and its operations.
(k)the rights, interests and entitlements of Benagerie Gold & Copper Pty Ltd (ACN 131 124 427) (Benagerie) and Consolidated Mining & Civil Pty Ltd (ACN 094 428 109) (CMC) (including any of their respective related entities and successors in title from time to time) as described in the instruments listed below:
(i)as owner and operator of the Portia – North Portia Mine under Mining Lease Number 6346 granted pursuant to the Mining Act 1971 (SA) and any subsequent licence
for its employees, agents and contractors to enter the Determination Area to access and operate its facilities in, and in the vicinity of, the Determination Area; and, to the extent permitted by law, to restrain any person from performing any act, or compel any person to perform any act, for the purposes of ensuring that Benagerie and CMC comply with their respective obligations under any law, including but not limited to, excluding any person from entering the mine area for the purposes of maintaining the safety of any person and protection of the mine area and its operations.
(l)the rights, interests and entitlements of Kalkaroo Copper Pty Ltd (ACN 111 129 812) (Kalkaroo) and/or Havilah Resources Ltd (ACN 077 435 520) (Havilah) (including any of their respective related entities and successors in title from time to time) as described in the instruments listed below:
(i)Kalkaroo - as proponent for the Kalkaroo Mine pursuant to any Mining Lease which may be granted in respect of Mineral Claim numbers 3826, 3827, 3828, 4368 and 4369 granted pursuant to the Mining Act 1971 (SA) and any subsequent licence; and
(ii)Havilah as the holder of exploration licences 5179, 5800, 5915, 5396, 5421, 5422, 5488, 5802, 5803, 5904, 5502, 5393, 5396, 5578, 5703, 5956, 6054 and 6194 and associated licences granted pursuant to the Mining Act from time to time
for its employees, agents and contractors to enter the Determination Area to access and operate its facilities in, and in the vicinity of, the Determination Area; and, to the extent permitted by law, to restrain any person from performing any act, or compel any person to perform any act, for the purposes of ensuring that Kalkaroo and Havilah comply with their respective obligations under any law, including but not limited to, excluding any person from entering the mine area for the purposes of maintaining the safety of any person and protection of the mine area and its operations.
(m)the rights, interests and entitlements of Exco Operations (SA) Pty Ltd (ACN 105 161 564) (Exco) and Polymetals (White Dam) Pty Ltd (ACN 130 423 684) (Polymetals) (including any of their respective related entities and successors in title from time to time) as described in the instruments listed below:
(i)as owner and operator of the White Dam Mine under Mining Lease Numbers 6275 and 6395 granted pursuant to the Mining Act 1971 (SA) and any subsequent licence; and
(ii)as the holder of exploration licences and associated licences granted pursuant to the Mining Act from time to time
for its employees, agents and contractors to enter the Determination Area to access and operate its facilities in, and in the vicinity of, the Determination Area; and, to the extent permitted by law, to restrain any person from performing any act, or compel any person to perform any act, for the purposes of ensuring that Exco and Polymetals comply with their respective obligations under any law, including but not limited to, excluding any person from entering the mine area for the purposes of maintaining the safety of any person and protection of the mine area and its operations.
(n)the rights and interests of Telstra Corporation Limited (ACN 051 775 556):
(i)as the owner or operator of telecommunications facilities within the Determination Area;
(ii)created pursuant to the Post and Telegraph Act 1901 (Cth), the Telecommunications Act 1975 (Cth), the Australian Telecommunications Corporation Act 1989 (Cth), the Telecommunications Act 1991 (Cth) and the Telecommunications Act 1997 (Cth), including rights:
1) to inspect land;
2) to install and operate telecommunications facilities; and
3)to alter, remove, replace, maintain, repair and ensure the proper functioning of its telecommunications facilities;
(iii)for its employees, agents or contractors to access its telecommunication facilities in and in the vicinity of the Determination Area in the performance of their duties; and
(iv)under any lease, licence, access agreement or easement relating to its telecommunications facilities in the Determination Area;
(o)The rights and interests of the parties to the Native Title Mining Agreements listed in Schedule 8 as they are amended by the order recorded at Order 17 below.
12.Subject to paragraphs 13 and 15 below, the relationship between the Native Title Rights and Interests in the Determination Area that are described in Paragraph 7 and the other rights and interests that are referred to in Paragraph 11 (“the Other rights and interests”) is that:
(a)the Other rights and interests co-exist with the native title rights and interests;
(b)in the event of inconsistency, the Other rights and interests prevail over the native title rights and interests and any exercise of the native title rights and interests, but do not extinguish them;
(c)the existence of the native title rights and interests does not prevent the doing of any activity required or permitted to be done by, in accordance with or under the Other rights and interests.
13.The relationship between the native title rights and interests described in paragraph 7 and the rights relating to the Proclamation of the Bimbowrie Conservation Park is that:
(a)the rights relating to the Proclamation co-exist with the native title rights and interests;
(b)to the extent that the rights relating to the Proclamation are inconsistent with the continued existence, enjoyment or exercise of the native title rights and interests, the native title rights and interests continue to exist in their entirety and prevail over the rights relating to the Proclamation, to the extent of any inconsistency, during the currency of the Proclamation; and otherwise,
(c)the doing of any activity required or permitted to be done in accordance with the Proclamation does not prevent the enjoyment or exercise of the native title rights and interests, and the native title rights and interests prevail over the doing of any such activity, to the extent of any inconsistency, during the currency of the Proclamation.
14.The relationship between the native title rights and interests referred to in paragraph 7 and the Automatic Weather Station referred to in paragraph 11(f) is that the Automatic Weather Station is:
(a)wholly inconsistent with the continued existence, enjoyment or exercise of the native title rights and interests;
(b)the native title continues to exist but has no effect in relation to the Automatic Weather Station;
(c)if the Automatic Weather Station or its effects are wholly removed or otherwise wholly cease to operate the native title rights and interests again have full effect;
(d)if the Automatic Weather Station or its effects are removed to an extent or otherwise cease to operate only to an extent, the native title rights and interests again have effect to that extent.
AND THE COURT MAKES THE FOLLOWING FURTHER ORDERS:
15.The native title is not to be held in trust.
16.Ngadjuri Adnyamathanha Wilyakali Native Title Aboriginal Corporation (Aboriginal Corporation”) is to:
(a)be the prescribed body corporate for the purposes of section 57(2) of the Native Title Act; and
(b)perform the functions mentioned in section 57(3) of the Native Title Act after becoming the registered native title body corporate in relation to the Determination Area.
17.The Court notes that each of the Native Title Mining Agreements listed in Schedule 8, has, subject to the making of this Order, been novated in terms of the clauses set out in Schedule 9 so that the RNTBC stands in the place of the Native Title Party (as defined in the Mining Act 1971) and its associated entities (who executed each agreement) in each of those agreements in so far as they relate to land within the Determination Area. The novation takes place with effect from the registration of the RNTBC by the National Native Title Tribunal (NNTT).
18.The Parties have liberty to apply on 14 days’ notice to a single judge of the Court for the following purposes:
(a)to establish the precise location and boundaries of any public works and adjacent land and waters referred to in Paragraphs 3 and 4 of Schedule 3 of this Order; or
(b)to establish the effect on native title rights and interests of any public works referred to in Paragraph 5 of this Order.
19.Any party (including a Continuing Party under Schedule 9) have liberty to apply on 14 days’ notice to a single judge of the Court to rectify the terms of a Native Title Mining Agreement novated under Schedule 9 as referred to in paragraph 6.4 of Schedule 9.
Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
SCHEDULE 1 – DESCRIPTION AND MAPS OF THE DETERMINATION AREA
Schedule 1, Determination Area
Comprises the following areas:
Part 1: West Area [Adnyamathanha / Ngadjuri]
Part 2: Central Area [Adnyamathanha / Ngadjuri / Wilyakali]
Part 3: East Area [Adnyamathanha / Wilyakali]
External Boundary Description
Commencing at Longitude 138.602767 East, Latitude 32.736300 South (west of the Town of Orroroo), then generally northerly passing in straight lines through the following coordinate points:-
Longitude East Latitude South 138.606084 32.722854 138.617221 32.692713 138.618012 32.676753 138.615067 32.661502 138.607519 32.632771 138.605832 32.622485 138.600809 32.614163 138.597909 32.609359 138.590416 32.602262 138.585818 32.590201 138.587458 32.581690 138.585760 32.566794 138.582393 32.549414 138.575646 32.508270 138.563515 32.472799 138.557664 32.458255 138.548834 32.414627 138.549620 32.396540 138.557852 32.367108 138.566088 32.339449 138.575596 32.321721 138.608716 32.280596 138.623991 32.244429 138.621437 32.219600 138.617665 32.205767 138.613052 32.187677 138.609718 32.183065 138.587661 32.164257 138.547271 32.121679 138.527273 32.095779 138.525168 32.084429 138.516462 32.070776
[being along a portion of the eastern portion of the Nukunu Native Title Claim external boundary].
Then easterly in a straight line to the south-west corner of Allotment 50 in Filed Plan 251955, Three Creeks Pastoral Lease (PE2324); generally easterly along the southern boundary of Allotment 50; generally south-easterly and generally northerly along the southern and eastern boundaries of Allotment 700 in Filed Plan 251677, Holowilena South Pastoral Lease (PE2260A) to the south-east corner of Allotment 500 in Filed Plan 251778, Holowilena Pastoral Lease (PE2260) [being along a southern and eastern portion of Adnyamathanha No 1 – Stage 2 Native Title Determination Area external boundary].
Then generally northerly along the eastern boundary of Allotment 500; generally north-easterly along the south-eastern boundary of Block 849, OH(Parachilna), Bibliando Pastoral Lease (PE2262) to the south-west corner of Block 1218, OH(Parachilna), Glen Warwick Pastoral Lease (PE2307A) [being along a south-eastern portion of Adnyamathanha People No. 1 (Stage 1) Native Title Determination Area external boundary].
Then generally north-easterly along the southern boundary of Block 1218; southerly along a portion of the eastern boundary of Allotment 403 in Deposited Plan 42207, Curnamona Pastoral Lease (PE2326); generally easterly along the southern boundary of Allotment 403; south-easterly along a portion of the southern boundary of Block 910, OH(Curnamona), Glenorchy Pastoral Lease (PE2205) to its intersection with Longitude 139.719547 East [being a point on the northern portion of Ngadjuri Nation Native Title Claim external boundary and the western portion of Native Title Claim Wilyakali #2 external boundary]; generally north-easterly passing in straight lines through the following coordinate points:-
Longitude East Latitude South 139.833014 31.824022 140.139892 31.495675
and north-easterly to an eastern corner of Adnyamathanha No 1 – Stage 2 Native Title Determination Area at Longitude 140.574604 East, Latitude 31.337067 South [being along a southern and south-eastern portion of Adnyamathanha No 1 – Stage 2 Native Title Determination Area external boundary].
Then south-easterly in a straight line toward the point defined as Longitude 140.633846 East, Latitude 31.514914 South until it intersects Latitude 31.476883 South [being along a portion of the western portion of Native Title Claim Malyankapa Peoples external boundary].
Then generally south-easterly and generally south-westerly in straight lines passing through the following coordinate points:-
Longitude East Latitude South 140.633846 31.514914 140.662150 31.593447 140.704037 31.721444 140.752229 31.859829 140.781565 32.000311 140.783661 32.056922 140.766900 32.090470
and south-westerly in a straight line to the intersection of the southern boundary of the Barrier Highway road corridor with Longitude 140.761034 East (near the intersection of the Barrier Highway with Wompinie Road, east of the Town of Mingary); generally south-westerly along the southern boundary of the Barrier Highway road corridor to its intersection with the production southerly of the eastern boundary of Block 651, OH(Olary), Abminga Pastoral Lease (PE2273) (east of the Town of Olary) [being a point on the southern portion of Ngadjuri Nation Native Title Claim external boundary and the southern portion of Native Title Claim Wilyakali #2 external boundary]; south-westerly along the southern boundary of the Barrier Highway road corridor to its intersection with Longitude 140.361215 East (east of the Town of Olary) [being along a portion of the western portion of Native Title Claim Wilyakali external boundary].
Then generally south-westerly along the southern boundary of the Barrier Highway road corridor to its intersection with the centreline of Yunta Creek at approximately Longitude 139.572680° East (east of the Town of Yunta) [being along a portion of the western portion of Native Title Claim Wilyakali external boundary and a portion of the northern portion of Native Title Claim Ngadjuri Nation #2 external boundary].
Then south-westerly along the southern boundary of the Barrier Highway road corridor to its intersection with Longitude 139.568233 East (east of the Town of Yunta) [being a point on the southern portion of Ngadjuri Nation Native Title Claim external boundary and the southern portion of Native Title Claim Wilyakali #2 external boundary]; generally south-westerly and generally westerly passing in straight lines through the following coordinate points:-
Longitude East Latitude South 139.476249 32.618871 139.377774 32.658711 139.245777 32.692260 139.115874 32.717423 138.992257 32.732101 138.868639 32.736296 138.734545 32.736297 138.636070 32.738395 138.618260 32.736300
and in straight line to the point of commencement [being along a portion of the northern portion of Native Title Claim Ngadjuri Nation #2 external boundary].
Part 1: West Area [Adnyamathanha people / Ngadjuri people]
External Boundary Description
Commencing at Longitude 138.602767 East, Latitude 32.736300 South (west of the Town of Orroroo), then generally northerly passing in straight lines through the following coordinate points:-
Longitude East Latitude South 138.606084 32.722854 138.617221 32.692713 138.618012 32.676753 138.615067 32.661502 138.607519 32.632771 138.605832 32.622485 138.600809 32.614163 138.597909 32.609359 138.590416 32.602262 138.585818 32.590201 138.587458 32.581690 138.585760 32.566794 138.582393 32.549414 138.575646 32.508270 138.563515 32.472799 138.557664 32.458255 138.548834 32.414627 138.549620 32.396540 138.557852 32.367108 138.566088 32.339449 138.575596 32.321721 138.608716 32.280596 138.623991 32.244429 138.621437 32.219600 138.617665 32.205767 138.613052 32.187677 138.609718 32.183065 138.587661 32.164257 138.547271 32.121679 138.527273 32.095779 138.525168 32.084429 138.516462 32.070776
[being along a portion of the eastern portion of the Nukunu Native Title Claim external boundary].
Then easterly in a straight line to the south-west corner of Allotment 50 in Filed Plan 251955, Three Creeks Pastoral Lease (PE2324); generally easterly along the southern boundary of Allotment 50; generally south-easterly and generally northerly along the southern and eastern boundaries of Allotment 700 in Filed Plan 251677, Holowilena South Pastoral Lease (PE2260A) to the south-east corner of Allotment 500 in Filed Plan 251778, Holowilena Pastoral Lease (PE2260) [being along a southern and eastern portion of Adnyamathanha No 1 – Stage 2 Native Title Determination Area external boundary].
Then generally northerly along the eastern boundary of Allotment 500; generally north-easterly along the south-eastern boundary of Block 849, OH(Parachilna), Bibliando Pastoral Lease (PE2262) to the south-west corner of Block 1218, OH(Parachilna), Glen Warwick Pastoral Lease (PE2307A) [being along a south-eastern portion of Adnyamathanha People No. 1 (Stage 1) Native Title Determination Area external boundary].
Then generally north-easterly along the southern boundary of Block 1218; southerly along a portion of the eastern boundary of Allotment 403 in Deposited Plan 42207, Curnamona Pastoral Lease (PE2326); generally easterly along the southern boundary of Allotment 403; south-easterly along a portion of the southern boundary of Block 910, OH(Curnamona), Glenorchy Pastoral Lease (PE2205) to its intersection with Longitude 139.719547 East [being along a southern portion of Adnyamathanha No 1 – Stage 2 Native Title Determination Area external boundary].
Then south-westerly in a straight line to the south-west corner of Block 929, OH(Olary), Tin Hut Pastoral Lease (PE2376); south-westerly in a straight line to an eastern corner of Section 1012, OH(Orroroo) at Latitude 32.270269 South; south-westerly in a straight line to the north-east corner of Section 302, Hundred of Waroonee; southerly in a straight line to the intersection of the southern boundary of Section 278, Hundred of Waroonee with Longitude 139.346575 East; southerly in a straight line to the south corner of Section 267, Hundred of Waroonee; generally south-easterly passing in straight lines through the following coordinate points:-
Longitude East Latitude South 139.376731 32.536398 139.420760 32.570485 139.491775 32.586108
and easterly in straight line to the intersection of the southern boundary of the Barrier Highway road corridor with Longitude 139.568233 East (east of the Town of Yunta) [being along a portion of the western portion of Native Title Claim Wilyakali #2 external boundary].
Then generally south-westerly and generally westerly passing in straight lines through the following coordinate points:-
Longitude East Latitude South 139.476249 32.618871 139.377774 32.658711 139.245777 32.692260 139.115874 32.717423 138.992257 32.732101 138.868639 32.736296 138.734545 32.736297 138.636070 32.738395 138.618260 32.736300
and in straight line to the point of commencement [being along a portion of the northern portion of Native Title Claim Ngadjuri Nation #2 external boundary].
Part 2: Central Area [Adnyamathanha / Ngadjuri / Wilyakali]
External Boundary Description
Commencing at the intersection of the southern boundary of the Barrier Highway road corridor with Longitude 139.568233 East (east of the Town of Yunta); generally north-westerly passing in straight lines through the following coordinate points :-
Longitude East Latitude South 139.491775 32.586108 139.420760 32.570485 139.376731 32.536398
north-easterly in a straight line to the south corner of Section 267, Hundred of Waroonee; northerly in a straight line to the intersection of the southern boundary of Section 278, Hundred of Waroonee with Longitude 139.346575 East; northerly in a straight line to the north-east corner of Section 302, Hundred of Waroonee; north-easterly in a straight line to an eastern corner of Section 1012, OH(Orroroo) at Latitude 32.270269 South; north-easterly in a straight line to the south-west corner of Block 929, OH(Olary), Tin Hut Pastoral Lease (PE2376); north-easterly in a straight line to the intersection of the southern boundary of Block 910, OH(Curnamona), Glenorchy Pastoral Lease (PE2205) with Longitude 139.719547 East [being along a portion of the western portion of Native Title Claim Wilyakali #2 external boundary].
Then south-easterly along the southern boundary of Block 910; generally north-easterly along a portion of the western boundary of Allotment 113 in Filed Plan 250354, Plumbago Pastoral Lease (PE2250); generally south-easterly along the northern boundary of Allotment 113; generally south-easterly and generally south-westerly along the northern and eastern boundaries of Allotment 1 in Filed Plan 219181, Bimbowrie Conservation Park; generally southerly along the eastern boundary of Block 651, OH(Olary), Abminga Pastoral Lease (PE2273) to the south-east corner of Block 651; southerly along the production southerly of the eastern boundary of Block 651 to its intersection with the southern boundary of the Barrier Highway road corridor (east of the Town of Olary) [being along a portion of the northern portion and the eastern portion of Ngadjuri Nation Native Title Claim external boundary].Then south-westerly along the southern boundary of the Barrier Highway road corridor to its intersection with Longitude 140.361215 East (east of the Town of Olary) [being along a portion of the western portion of Native Title Claim Wilyakali external boundary].
Then generally south-westerly along the southern boundary of the Barrier Highway road corridor to its intersection with the centreline of Yunta Creek at approximately Longitude 139.572680° East (east of the Town of Yunta) [being along a portion of the western portion of Native Title Claim Wilyakali external boundary and a portion of the northern portion of Native Title Claim Ngadjuri Nation #2 external boundary].
Then south-westerly along the southern boundary of the Barrier Highway road corridor to the point of commencement [being along a portion of the northern portion of Native Title Claim Ngadjuri Nation #2 external boundary].
Part 3: East Area [Adnyamathanha / Wilyakali]
External Boundary Description
Commencing at the intersection of the southern boundary of the Barrier Highway road corridor with the production southerly of the eastern boundary of Block 651, OH(Olary), Abminga Pastoral Lease (PE2273) (east of the Town of Olary).
Then northerly across the Barrier Highway along the said production to the south-east corner of Block 651; generally northerly along the eastern boundary of Block 651; generally north-easterly and generally north-westerly along the eastern and northern boundaries of Allotment 1 in Filed Plan 219181, Bimbowrie Conservation Park; generally north-westerly along the northern boundary of Allotment 113 in Filed Plan 250354, Plumbago Pastoral Lease (PE2250); generally south-westerly along a portion of the western boundary of Allotment 113 to the south corner of Block 910, OH(Curnamona), Glenorchy Pastoral Lease (PE2205); north-westerly along a portion of the southern boundary of Block 910 to its intersection with Longitude 139.719547 East [being along the eastern portion and a portion of the northern portion of Native Title Claim Ngadjuri Nation external boundary].
Then generally north-easterly passing in straight lines through the following coordinate points:-
Longitude East Latitude South 139.833014 31.824022 140.139892 31.495675
and north-easterly to an eastern corner of Adnyamathanha No 1 – Stage 2 Native Title Determination Area at Longitude 140.574604 East, Latitude 31.337067 South [being along a southern and south-eastern portion of Adnyamathanha No 1 – Stage 2 Native Title Determination Area external boundary].
Then south-easterly in a straight line toward the point defined as Longitude 140.633846 East, Latitude 31.514914 South until it intersects Latitude 31.476883 South [being along a portion of the western portion of Native Title Claim Malyankapa Peoples external boundary].
Then generally south-easterly and generally south-westerly in straight lines passing through the following coordinate points:-
Longitude East Latitude South 140.633846 31.514914 140.662150 31.593447 140.704037 31.721444 140.752229 31.859829 140.781565 32.000311 140.783661 32.056922 140.766900 32.090470
and south-westerly in a straight line to the intersection of the southern boundary of the Barrier Highway road corridor with Longitude 140.761034 East (near the intersection of the Barrier Highway with Wompinie Road, east of the Town of Mingary); generally south-westerly along the southern boundary of the Barrier Highway road corridor to the point of commencement [being along a portion of the western portion of Native Title Claim Wilyakali external boundary].
Reference datum
Geographical coordinates have been provided by the NNTT Geospatial services and geographical coordinates are referenced to the Geocentric Datum of Australia 1994 (GDA94), in decimal degrees.Watercourses and water-bodies referenced to 1:250,000 Topographic Mapping Series 3 – sourced from Geoscience Australia.
Use of Coordinates
Where coordinates are used within the description to represent cadastral or topographical boundaries or the intersection with such, they are intended as a guide only. As an outcome of the custodians of cadastral and topographical data continuously recalculating the geographic position of their data based on improved survey and data maintenance procedures, it is not possible to accurately define such a position other than by detailed ground survey.SCHEDULE 2 – NATIVE TITLE LAND (AREAS WHERE NATIVE TITLE IS RECOGNISED IN THIS CD)
DCDBID HUNDRED_NAME TITLEREF Locality CD_Area H340100S294 BENDLEBY CR5762/245 West Area H340100S295 BENDLEBY CR5768/235 West Area H340100S297 BENDLEBY CR5762/247 West Area H340100S298 BENDLEBY CR5768/236 West Area H360100S250 CAVENAGH CR5762/867 West Area H360100S251 CAVENAGH CR5762/868 West Area H360100S252 CAVENAGH CR5762/869 West Area H360100S253 CAVENAGH CR5762/870 West Area H360100S256 CAVENAGH CR5762/871 West Area H310300S282 ERSKINE CR5761/490 West Area H310300S283 ERSKINE CR5761/491 West Area H310300S284 ERSKINE CR5761/492 West Area H310300S287 ERSKINE CR5761/494 West Area H310400S815 EURELIA CR5762/751 West Area H310400S819 EURELIA CR5762/754 West Area H340200S312 EURILPA CR5762/248 West Area H340200S313 EURILPA CR5762/249 West Area H340200S314 EURILPA CR5762/250 West Area H340200S315 (portion) EURILPA CR5762/251 West Area H340200S316 EURILPA CR5762/252 West Area H340200S318 EURILPA CR5354/111 West Area H340300S65 MCCULLOCH CR5768/238 West Area H340300S71 MCCULLOCH CR5762/812 West Area H340300S72 MCCULLOCH CR5762/813 West Area H340300S73 MCCULLOCH CR5762/814 West Area H340300S74 MCCULLOCH CR5762/815 West Area H360300S269 MINBURRA CR5768/276 West Area H360300S270 MINBURRA CR5768/277 West Area H360300S304 MINBURRA CR5762/879 West Area H360300S305 MINBURRA CR5762/880 West Area H360300S306 MINBURRA CR5759/748 West Area H360300S307 MINBURRA CR5759/749 West Area H360300S308 MINBURRA CR5762/881 West Area F250191A102 OH(CURNAMONA) CL6160/319 PE002216 Boolcoomata Pastoral Lease East Area H834800B1121 OH(CURNAMONA) CL6162/839 PE002278 Kalkaroo Pastoral Lease East Area H834800B1157 OH(CURNAMONA) CL6180/93 PE002380 Peters Pastoral Lease East Area H834800B1158 OH(CURNAMONA) CL6179/964 PE002379 Lignum Pastoral Lease East Area H834800B120 OH(CURNAMONA) CL6183/78 PE002300 Billeroo West Pastoral Lease East Area H834800B121 OH(CURNAMONA) CL6181/746 PE002359 Benagerie Pastoral Lease East Area H834800B890 OH(CURNAMONA) CL6179/987 PE002232 Strathearn Pastoral Lease East Area H834800B896 OH(CURNAMONA) CL6180/12 PE002478 Mooleulooloo Pastoral Lease East Area H834800B910 OH(CURNAMONA) CL6161/302 PE002205 Glenorchy Pastoral Lease East Area H834800B926 OH(CURNAMONA) CL6169/869 PE002357 Kalabity Pastoral Lease East Area H834800B947 OH(CURNAMONA) CL6169/870 PE002365 Telechie Pastoral Lease East Area H834800B979 OH(CURNAMONA) CL6179/994 PE002279 Yarramba Pastoral Lease East Area H834800B984 OH(CURNAMONA) CL6181/747 PE002360 Mulyungarie Pastoral Lease East Area F219181A1 OH(OLARY) CR6052/83 Bimbowrie Conservation Park Central Area F250353A114 OH(OLARY) CL6161/903 PE002212 Mount Victor Pastoral Lease Central Area / West Area F250354A113 OH(OLARY) CL6161/904 PE002250 Plumbago Pastoral Lease Central Area F251052A100 OH(OLARY) CL6174/65 PE002398 Wompinie Pastoral Lease East Area F251333Q200 OH(OLARY) CL6176/449 PE002200 Bindarrah Pastoral Lease East Area H835400B1105 OH(OLARY) CL1629/99 PE002535 Florina Pastoral Lease Central Area H835400B1209 OH(OLARY) CL6161/299 PE002504 Morialpa Pastoral Lease Central Area H835400B646 OH(OLARY) CL1629/99 PE002535 Florina Pastoral Lease Central Area H835400B647 OH(OLARY) CL1629/99 PE002535 Florina Pastoral Lease Central Area H835400B651 OH(OLARY) CL1285/20 PE002273 Abminga Pastoral Lease Central Area H835400B656 OH(OLARY) CL6176/449 PE002200 Bindarrah Pastoral Lease East Area H835400B897 OH(OLARY) CL6196/752 PE002363 Bulloo Creek Pastoral Lease East Area H835400B904 OH(OLARY) CL6160/605 PE002261 Weekeroo Pastoral Lease Central Area H835400B909 OH(OLARY) CL1279/29 PE002238 Outalpa Pastoral Lease Central Area H835400B924 OH(OLARY) CL6190/401 PE002255 Winnininnie Pastoral Lease Central Area H835400B925 OH(OLARY) CL6161/299 PE002504 Morialpa Pastoral Lease Central Area H835400B929 OH(OLARY) CL6161/303 PE002376 Tin Hut Pastoral Lease Central Area / West Area H835400S1091 (portion) OH(OLARY) CR6051/110 Central Area / West Area H835400S1117 OH(OLARY) CR5539/577 Central Area H835400S1130 OH(OLARY) CR5764/623 Central Area H835400S1133 OH(OLARY) CR5764/625 Central Area H835400S1134 OH(OLARY) CR5759/755 Central Area H835400S1436 OH(OLARY) CR5337/560 Central Area / West Area H835400S317 OH(OLARY) CR5757/313 Central Area H835400S335 OH(OLARY) CL6161/299 PE002504 Morialpa Pastoral Lease Central Area H835400S336 OH(OLARY) CL6161/299 PE002504 Morialpa Pastoral Lease Central Area H835400S784 OH(OLARY) CR5750/442 East Area H835400S785 OH(OLARY) CR5750/442 East Area H835400S89 OH(OLARY) CR5750/441 Central Area T835402A49 OH(OLARY) CR5769/203 Central Area T835402A50 OH(OLARY) CR5769/204 Central Area T835402A51 OH(OLARY) CR5748/7 Central Area T835402A52 OH(OLARY) CR5748/8 Central Area T835402A53 OH(OLARY) CR5769/205 Central Area T835402A54 OH(OLARY) CR5769/206 Central Area T835402A55 OH(OLARY) CR5769/207 Central Area T835402A56 OH(OLARY) CR5769/208 Central Area T835402A57 OH(OLARY) CR5769/209 Central Area T835402A58 OH(OLARY) CR5769/210 Central Area T835402A59 OH(OLARY) CR5769/211 Central Area T835402A60 OH(OLARY) CR5769/212 Central Area T835402A61 OH(OLARY) CR5769/213 Central Area T835402A62 OH(OLARY) CR5769/214 Central Area T835402A63 OH(OLARY) CR5769/215 Central Area T835402A64 OH(OLARY) CR5769/216 Central Area T835402A65 OH(OLARY) CR5769/217 Central Area T835402A66 OH(OLARY) CR5427/568 Central Area T835402A67 OH(OLARY) CR5427/569 Central Area T835402A68 OH(OLARY) CT5503/136 Central Area T835402A69 OH(OLARY) CT5503/136 Central Area T835403A100 OH(OLARY) CR5770/582 East Area T835403A101 OH(OLARY) CR5770/583 East Area T835403A102 OH(OLARY) CR5770/584 East Area T835403A31 OH(OLARY) CR5764/631 East Area T835403A32 OH(OLARY) CR5764/632 East Area T835403A33 OH(OLARY) CR5769/225 East Area T835403A34 OH(OLARY) CR5769/226 East Area T835403A35 OH(OLARY) CR5769/227 East Area T835403A36 OH(OLARY) CR5769/228 East Area T835403A37 OH(OLARY) CR5769/229 East Area T835403A38 OH(OLARY) CR5769/230 East Area T835403A39 OH(OLARY) CR5769/231 East Area T835403A40 OH(OLARY) CR5769/232 East Area T835403A47 OH(OLARY) CR5769/233 East Area T835403A49 OH(OLARY) CR5769/234 East Area T835403A50 OH(OLARY) CR5769/235 East Area T835403A51 OH(OLARY) CR5769/236 East Area T835403A52 OH(OLARY) CR5769/237 East Area T835403A53 OH(OLARY) CR5770/540 East Area T835403A54 OH(OLARY) CR5770/541 East Area T835403A55 OH(OLARY) CR5770/542 East Area T835403A56 OH(OLARY) CR5770/543 East Area T835403A57 OH(OLARY) CR5770/544 East Area T835403A58 OH(OLARY) CR5770/545 East Area T835403A59 OH(OLARY) CR5770/585 East Area T835403A60 OH(OLARY) CR5770/546 East Area T835403A61 OH(OLARY) CR5770/547 East Area T835403A62 OH(OLARY) CR5770/548 East Area T835403A63 OH(OLARY) CR5770/549 East Area T835403A64 OH(OLARY) CR5770/550 East Area T835403A65 OH(OLARY) CR5770/551 East Area T835403A67 OH(OLARY) CR5770/552 East Area T835403A68 OH(OLARY) CR5770/553 East Area T835403A69 OH(OLARY) CR5770/554 East Area T835403A70 OH(OLARY) CR5770/555 East Area T835403A71 OH(OLARY) CR5770/556 East Area T835403A72 OH(OLARY) CR5770/557 East Area T835403A73 OH(OLARY) CR5770/558 East Area T835403A74 OH(OLARY) CR5770/559 East Area T835403A75 OH(OLARY) CR5770/560 East Area T835403A76 OH(OLARY) CR5770/561 East Area T835403A77 OH(OLARY) CR5770/562 East Area T835403A78 OH(OLARY) CR5770/563 East Area T835403A79 OH(OLARY) CR5764/633 East Area T835403A80 OH(OLARY) CR5764/634 East Area T835403A81 OH(OLARY) CR5770/564 East Area T835403A82 OH(OLARY) CR5770/565 East Area T835403A83 OH(OLARY) CR5770/566 East Area T835403A84 OH(OLARY) CR5770/567 East Area T835403A85 OH(OLARY) CR5770/568 East Area T835403A86 OH(OLARY) CR5770/569 East Area T835403A87 OH(OLARY) CR5770/570 East Area T835403A88 OH(OLARY) CR5770/571 East Area T835403A89 OH(OLARY) CR5770/572 East Area T835403A90 OH(OLARY) CR5770/573 East Area T835403A92 OH(OLARY) CR5770/574 East Area T835403A93 OH(OLARY) CR5770/575 East Area T835403A94 OH(OLARY) CR5770/576 East Area T835403A95 OH(OLARY) CR5770/577 East Area T835403A96 OH(OLARY) CR5770/578 East Area T835403A97 OH(OLARY) CR5770/579 East Area T835403A98 OH(OLARY) CR5770/580 East Area T835403A99 OH(OLARY) CR5770/581 East Area T835404A42 OH(OLARY) CR5770/586 Central Area T835404A43 OH(OLARY) CR5770/587 Central Area T835404A46 OH(OLARY) CR5770/588 Central Area T835404A47 OH(OLARY) CR5770/589 Central Area T835404A48 OH(OLARY) CR5770/590 Central Area T835404A49 OH(OLARY) CR5770/591 Central Area T835404A50 OH(OLARY) CR5770/592 Central Area T835404A51 OH(OLARY) CR5770/593 Central Area T835404A52 OH(OLARY) CR5770/594 Central Area T835404A53 OH(OLARY) CR5770/595 Central Area T835404A54 OH(OLARY) CR5770/596 Central Area T835404A55 OH(OLARY) CR5770/597 Central Area T835404A56 OH(OLARY) CR5524/76 Central Area T835404A57 OH(OLARY) CR5524/77 Central Area T835404A58 OH(OLARY) CR5524/78 Central Area T835404A59 OH(OLARY) CR5527/742 Central Area T835404A60 OH(OLARY) CR5524/79 Central Area T835404A61 OH(OLARY) CR5524/80 Central Area D42208A490 OH(ORROROO) CL6172/508 PE002207 Minburra Pastoral Lease West Area F251182A500 OH(ORROROO) CL6175/286 PE002203 Melton Pastoral Lease Central Area / West Area F251254A510 OH(ORROROO) CL6175/813 PE002309 Koonamore Pastoral Lease Central Area / West Area F36647A1 OH(ORROROO) CR5296/706 West Area F36647A10 OH(ORROROO) CR5296/715 West Area F36647A11 OH(ORROROO) CR5296/981 West Area F36647A12 OH(ORROROO) CR5296/982 West Area F36647A13 OH(ORROROO) CR5296/983 West Area F36647A14 OH(ORROROO) CR5296/984 West Area F36647A15 OH(ORROROO) CR5296/985 West Area F36647A17 OH(ORROROO) CR5296/987 West Area F36647A18 OH(ORROROO) CR5296/988 West Area F36647A19 OH(ORROROO) CR5296/989 West Area F36647A2 OH(ORROROO) CR5296/707 West Area F36647A20 OH(ORROROO) CR5296/990 West Area F36647A21 OH(ORROROO) CR5296/991 West Area F36647A22 OH(ORROROO) CR5296/992 West Area F36647A23 OH(ORROROO) CR5296/993 West Area F36647A26 OH(ORROROO) CR5296/996 West Area F36647A27 OH(ORROROO) CR5296/997 West Area F36647A28 OH(ORROROO) CR5296/998 West Area F36647A29 OH(ORROROO) CR5296/999 West Area F36647A3 OH(ORROROO) CR5296/708 West Area F36647A30 OH(ORROROO) CR5297/1 West Area F36647A32 OH(ORROROO) CR5297/3 West Area F36647A33 OH(ORROROO) CR5297/4 West Area F36647A34 OH(ORROROO) CR5297/5 West Area F36647A35 OH(ORROROO) CR5297/6 West Area F36647A36 OH(ORROROO) CR5297/7 West Area F36647A37 OH(ORROROO) CR5297/8 West Area F36647A38 OH(ORROROO) CR5297/9 West Area F36647A39 OH(ORROROO) CR5297/10 West Area F36647A4 OH(ORROROO) CR5296/709 West Area F36647A40 OH(ORROROO) CR5297/11 West Area F36647A41 OH(ORROROO) CR5297/12 West Area F36647A42 OH(ORROROO) CR5297/13 West Area F36647A43 OH(ORROROO) CR5297/14 West Area F36647A44 OH(ORROROO) CR5297/15 West Area F36647A45 OH(ORROROO) CR5297/16 West Area F36647A46 OH(ORROROO) CR5297/17 West Area F36647A47 OH(ORROROO) CR5297/18 West Area F36647A48 OH(ORROROO) CR5297/19 West Area F36647A49 OH(ORROROO) CR5297/20 West Area F36647A50 OH(ORROROO) CR5297/21 West Area F36647A51 OH(ORROROO) CR5299/405 West Area F36647A54 OH(ORROROO) CR5299/406 West Area F36647A55 OH(ORROROO) CR5299/407 West Area F36647A56 OH(ORROROO) CR5299/408 West Area F36647A58 OH(ORROROO) CR5299/409 West Area F36647A7 OH(ORROROO) CR5296/712 West Area F36647A8 OH(ORROROO) CR5296/713 West Area F36647A9 OH(ORROROO) CR5296/714 West Area F59159A100 OH(ORROROO) CR6145/277 Central Area / West Area H835300B1151 OH(ORROROO) CL6173/243 PE002358 North Hillls Pastoral Lease West Area H835300B843 OH(ORROROO) CL1402/37 PE002474 Witchitie Pastoral Lease West Area H835300S1011 (portion) OH(ORROROO) CR5769/172 West Area H835300S1012 OH(ORROROO) CR5308/929 West Area H835300S1433 (portion) OH(ORROROO) CR5308/928 West Area H835300S304 OH(ORROROO) CR5759/730 West Area H835300S378 OH(ORROROO) CR5308/930 West Area H835300S982 OH(ORROROO) CR5759/731 West Area H835300S983 OH(ORROROO) CR5759/731 West Area H835300S984 OH(ORROROO) CR5759/732 West Area D42206A54 OH(PARACHILNA) CL6184/17 PE002269 Baratta Pastoral Lease West Area H310700S297 OLADDIE CR5762/773 West Area H310700S299 OLADDIE CR5762/774 West Area H310700S300 OLADDIE CR5767/20 West Area H310700S301 OLADDIE CR5762/775 West Area H310700S322 OLADDIE CR5762/776 West Area T310701A1 OLADDIE CR5762/777 West Area T310701A2 OLADDIE CR5762/778 West Area T310701A20 OLADDIE CR5555/670 West Area T310701A26 OLADDIE CR5767/22 West Area T310701A27 OLADDIE CR5767/23 West Area T310701A29 OLADDIE CR5767/24 West Area T310701A37 OLADDIE CR5767/26 West Area T310701A38 OLADDIE CR5767/27 West Area T310701A39 OLADDIE CR5767/28 West Area T310701A42 OLADDIE CR5767/30 West Area T310701A45 OLADDIE CR5767/31 West Area T310701A46 OLADDIE CR5767/32 West Area T310701A47 OLADDIE CR5767/33 West Area T310701A48 OLADDIE CR5767/34 West Area T310701A5 OLADDIE CR5767/21 West Area H360500S317 PARATOO CR5762/897 West Area D28233A1 WALLOWAY CR5753/657 West Area D43342A13 WALLOWAY CR5328/216 West Area D85597A36 WALLOWAY CR6076/277 West Area H311000S311 WALLOWAY CR5746/420 West Area H311000S336 (portion) WALLOWAY CR5755/853 West Area H311000S337 (portion) WALLOWAY CR6076/277 West Area H311000S338 WALLOWAY CR6076/277 West Area H311000S340 (portion) WALLOWAY CR5755/854 West Area H311000S341 WALLOWAY CR5755/855 West Area H311000S345 WALLOWAY CR6076/277 West Area H311000S347 (portion) WALLOWAY CR6076/277 West Area H311000S348 (portion) WALLOWAY CR6076/277 West Area H311000S361 WALLOWAY CR5755/858 West Area H311000S362 WALLOWAY CR5755/853 West Area H311000S425 WALLOWAY CR5762/805 West Area H311000S428 WALLOWAY CR5762/808 West Area H311000S500 WALLOWAY CR5762/811 West Area T311001A178 WALLOWAY CR5755/860 West Area H360600S329 WAROONEE CR5762/899 West Area H360600S330 WAROONEE CR5762/900 West Area H340500S141 WIRREANDA CR5756/583 West Area H311100S336 YALPARA CR5762/166 West Area H311100S337 YALPARA CR5759/903 West Area H311100S338 YALPARA CR5759/904 West Area H311100S339 YALPARA CR5762/167 West Area H311100S340 YALPARA CR5762/168 West Area H340600S353 YANYARRIE CR5768/262 West Area H340600S354 YANYARRIE CR5768/263 West Area H340700S106 YEDNALUE CR5756/585 West Area H340700S107 YEDNALUE CR5756/586 West Area H340700S108 YEDNALUE CR5756/587 West Area
SCHEDULE 3 - LAND AND WATERS WHERE NATIVE TITLE HAS BEEN EXTINGUISHED
1. Native title rights and interests have been extinguished in:
(a) minerals, as defined in section 6 of the Mining Act 1971 (SA); and
(b)petroleum, as defined in section 4 of the Petroleum and Geothermal Energy Act 2000 (SA); and
(c)a naturally occurring underground accumulation of a regulated substance as defined in section 4 of the Petroleum and Geothermal Energy Act 2000 (SA), below a depth of 100 metres from the surface of the earth; and
(d)a natural reservoir, as defined in section 4 of the Petroleum and Geothermal Energy Act 2000 (SA), below a depth of 100 metres from the surface of the earth; and
(e)geothermal energy, as defined in section 4 of the Petroleum and Geothermal Energy Act 2000 (SA) the source of which is below a depth of 100 metres from the surface of the earth.
For the purposes of this item 1 and the avoidance of doubt:
(f)a geological structure (in whole or in part) on or at the earth's surface or a natural cavity which can be accessed or entered by a person through a natural opening in the earth's surface, is not a natural reservoir;
(g)thermal energy contained in a hot or natural spring is not geothermal energy as defined in section 4 of the Petroleum and Geothermal Energy Act 2000 (SA);
(h)the absence from this order of any reference to a natural reservoir or a naturally occurring accumulation of a regulated substance, as those terms are defined in section 4 of the Petroleum and Geothermal Energy Act 2000 (SA), above a depth 100 metres below the surface of the earth or geothermal energy the source of which is above a depth of 100 metres below the surface of the earth is not, of itself, to be taken as an indication of the existence or otherwise of native title rights or interests in such natural reservoir, naturally occurring accumulation of a regulated substance or geothermal energy.
2.Native title rights and interests have been extinguished in the areas covered by public works (including the land defined in section 251D of the Native Title Act) which were constructed, established or situated prior to 23 December 1996 or commenced to be constructed or established on or before that date.
3.Public Works constructed, established or situated after 23 December 1996 have had such effect as has resulted from Part 2, Division 3, of the Native Title Act.
4.Native title rights and interests have been extinguished over all roads which have been delineated in a public map pursuant to section 5(d)(II) of the Crown Lands Act 1929 (SA) or section 70(3) or (4) of the Crown Land Management Act 2009 (SA) or which have otherwise been validly established pursuant to South Australian statute or common law.
5.In addition to the extinguishment effected pursuant to the items in this Schedule, native title rights and interests have been extinguished in those parcels or parts of parcels set out below:
DCDBID HUNDRED_NAME TITLEREF Locality CD_Area D24328A1 BENDLEBY CR5753/152 West Area D24328A2 BENDLEBY CT5993/556 West Area D26528A1 BENDLEBY CT5999/768 West Area D68280A2 BENDLEBY CT6020/919 West Area D68281A1 BENDLEBY CT6020/919 West Area D72882A50 BENDLEBY CT6035/839 West Area D84448A1 BENDLEBY CT6070/160 West Area D84448A2 BENDLEBY CT6070/161 West Area H340100S1 BENDLEBY CT6020/919 West Area H340100S10 BENDLEBY CT5999/768 West Area H340100S100 BENDLEBY CT6035/839 West Area H340100S101 BENDLEBY CT6035/839 West Area H340100S102 BENDLEBY CT6020/919 West Area H340100S104 BENDLEBY CT6035/839 West Area H340100S105 BENDLEBY CT6035/839 West Area H340100S106 BENDLEBY CT6035/839 West Area H340100S107 BENDLEBY CT6035/839 West Area H340100S108 BENDLEBY CT6035/839 West Area H340100S109 BENDLEBY CT6035/839 West Area H340100S11 BENDLEBY CT5999/768 West Area H340100S110 BENDLEBY CT6035/839 West Area H340100S110C BENDLEBY CT5821/643 West Area H340100S111 BENDLEBY CT6035/839 West Area H340100S112 BENDLEBY CT6035/839 West Area H340100S113 BENDLEBY CT6035/839 West Area H340100S114 BENDLEBY CT6070/162 West Area H340100S115 BENDLEBY CT6070/162 West Area H340100S116 BENDLEBY CT6070/162 West Area H340100S117 BENDLEBY CT6070/162 West Area H340100S118 BENDLEBY CT5999/768 West Area H340100S119 BENDLEBY CT6070/162 West Area H340100S12 BENDLEBY CT5999/768 West Area H340100S120 BENDLEBY CT6070/162 West Area H340100S121 BENDLEBY CT6035/839 West Area H340100S122 BENDLEBY CT6035/839 West Area H340100S123 BENDLEBY CT6035/839 West Area H340100S124 BENDLEBY CT5993/556 West Area H340100S126 BENDLEBY CT6035/839 West Area H340100S127 BENDLEBY CT6035/839 West Area H340100S128 BENDLEBY CT6035/839 West Area H340100S129 BENDLEBY CT6035/839 West Area H340100S13 BENDLEBY CT5999/768 West Area H340100S130 BENDLEBY CT6035/839 West Area H340100S131 BENDLEBY CT6035/839 West Area H340100S132 BENDLEBY CT6035/839 West Area H340100S133 BENDLEBY CT6035/839 West Area H340100S134 BENDLEBY CT6035/839 West Area H340100S136 BENDLEBY CT6035/839 West Area H340100S136C BENDLEBY CT5835/605 West Area H340100S138 BENDLEBY CT6035/839 West Area H340100S139 BENDLEBY CT6035/839 West Area H340100S14 BENDLEBY CT5999/768 West Area H340100S140 BENDLEBY CT5993/556 West Area H340100S141 BENDLEBY CT5993/556 West Area H340100S142 BENDLEBY CT6070/162 West Area H340100S143 BENDLEBY CT6070/162 West Area H340100S144 BENDLEBY CT6070/162 West Area H340100S145 BENDLEBY CT5993/556 West Area H340100S145C BENDLEBY CT5660/781 West Area H340100S146 BENDLEBY CT5993/556 West Area H340100S147 BENDLEBY CT6035/839 West Area H340100S148 BENDLEBY CT6035/839 West Area H340100S149 BENDLEBY CT6070/162 West Area H340100S15 BENDLEBY CT5999/768 West Area H340100S150 BENDLEBY CT6070/162 West Area H340100S151 BENDLEBY CT6070/162 West Area H340100S152 BENDLEBY CT5999/768 West Area H340100S153 BENDLEBY CT6035/839 West Area H340100S154 BENDLEBY CT5303/805 West Area H340100S155 BENDLEBY CT5303/805 West Area H340100S156 BENDLEBY CT5993/556 West Area H340100S158 BENDLEBY CT5993/556 West Area H340100S159 BENDLEBY CT6035/839 West Area H340100S16 BENDLEBY CT5999/768 West Area H340100S160 BENDLEBY CT6035/839 West Area H340100S162 BENDLEBY CT5893/990 West Area H340100S163 BENDLEBY CT5893/990 West Area H340100S164 BENDLEBY CT5881/283 West Area H340100S165 BENDLEBY CT5893/990 West Area H340100S167 BENDLEBY CT6009/564 West Area H340100S168 BENDLEBY CT6009/564 West Area H340100S169 BENDLEBY CT5993/556 West Area H340100S17 BENDLEBY CT5999/768 West Area H340100S170 BENDLEBY CT5993/556 West Area H340100S171 BENDLEBY CT5993/556 West Area H340100S172 BENDLEBY CT5993/556 West Area H340100S173 BENDLEBY CT5993/556 West Area H340100S174 BENDLEBY CT5993/556 West Area H340100S175 BENDLEBY CT5303/805 West Area H340100S176 BENDLEBY CT5993/556 West Area H340100S177 BENDLEBY CT5303/805 West Area H340100S178 BENDLEBY CT5999/768 West Area H340100S179 BENDLEBY CT5999/768 West Area H340100S18 BENDLEBY CT5999/768 West Area H340100S180 BENDLEBY CT5999/768 West Area H340100S181 BENDLEBY CT6035/839 West Area H340100S182 BENDLEBY CT6035/839 West Area H340100S183 BENDLEBY CT6035/839 West Area H340100S184 BENDLEBY CT6035/839 West Area H340100S185 BENDLEBY CT6035/839 West Area H340100S186 BENDLEBY CT6035/839 West Area H340100S187 BENDLEBY CT6035/839 West Area H340100S188 BENDLEBY CT6035/839 West Area H340100S189 BENDLEBY CT6035/839 West Area H340100S19 BENDLEBY CT5999/768 West Area H340100S190 BENDLEBY CT6035/839 West Area H340100S191 BENDLEBY CT6035/839 West Area H340100S192 BENDLEBY CT6035/839 West Area H340100S193 BENDLEBY CT6035/839 West Area H340100S194 BENDLEBY CT6035/839 West Area H340100S195 BENDLEBY CT6035/839 West Area H340100S196 BENDLEBY CT6035/839 West Area H340100S197 BENDLEBY CT6035/839 West Area H340100S198 BENDLEBY CT6035/839 West Area H340100S199 BENDLEBY CT6035/839 West Area H340100S2 BENDLEBY CT6020/919 West Area H340100S20 BENDLEBY CT5713/11 West Area H340100S200 BENDLEBY CT6035/839 West Area H340100S201 BENDLEBY CT6035/839 West Area H340100S202 BENDLEBY CT6035/839 West Area H340100S203 BENDLEBY CT6035/839 West Area H340100S204 BENDLEBY CT6035/839 West Area H340100S205 BENDLEBY CT6035/839 West Area H340100S206 BENDLEBY CT6035/839 West Area H340100S207 BENDLEBY CT6035/839 West Area H340100S208 BENDLEBY CT6035/839 West Area H340100S209 BENDLEBY CT6035/839 West Area H340100S21 BENDLEBY CT6018/699 West Area H340100S210 BENDLEBY CT6035/839 West Area H340100S211 BENDLEBY CT6035/839 West Area H340100S212 BENDLEBY CT6035/839 West Area H340100S213 BENDLEBY CT6035/839 West Area H340100S214 BENDLEBY CT6035/839 West Area H340100S215 BENDLEBY CT6035/839 West Area H340100S216 BENDLEBY CT6035/839 West Area H340100S217 BENDLEBY CT6035/839 West Area H340100S218 BENDLEBY CT6035/839 West Area H340100S219 BENDLEBY CT6035/839 West Area H340100S22 BENDLEBY CT5999/768 West Area H340100S220 BENDLEBY CT6035/839 West Area H340100S221 BENDLEBY CT6035/839 West Area H340100S222 BENDLEBY CT6035/839 West Area H340100S223 BENDLEBY CT6035/839 West Area H340100S224 BENDLEBY CT6035/839 West Area H340100S225 BENDLEBY CT6035/839 West Area H340100S226 BENDLEBY CT6035/839 West Area H340100S227 BENDLEBY CT6035/839 West Area H340100S228 BENDLEBY CT6035/839 West Area H340100S229 BENDLEBY CT6035/839 West Area H340100S23 BENDLEBY CT6018/698 West Area H340100S230 BENDLEBY CT6035/839 West Area H340100S231 BENDLEBY CT6035/839 West Area H340100S232 BENDLEBY CT6035/839 West Area H340100S233 BENDLEBY CT6035/839 West Area H340100S234 BENDLEBY CT6035/839 West Area H340100S235 BENDLEBY CT6035/839 West Area H340100S236 BENDLEBY CT6035/839 West Area H340100S237 BENDLEBY CT6035/839 West Area H340100S24 BENDLEBY CT6018/698 West Area H340100S240 BENDLEBY CT6035/839 West Area H340100S241 BENDLEBY CT6035/839 West Area H340100S242 BENDLEBY CT6035/839 West Area H340100S243 BENDLEBY CT6035/839 West Area H340100S244 BENDLEBY CT6035/839 West Area H340100S245 BENDLEBY CT6035/839 West Area H340100S246 BENDLEBY CT6035/839 West Area H340100S25 BENDLEBY CT6020/919 West Area H340100S250 BENDLEBY CT6035/839 West Area H340100S251 BENDLEBY CT6035/839 West Area H340100S252 BENDLEBY CT6035/839 West Area H340100S253 BENDLEBY CT6035/839 West Area H340100S254 BENDLEBY CT6035/839 West Area H340100S255 BENDLEBY CT6035/839 West Area H340100S256 BENDLEBY CT6035/839 West Area H340100S257 BENDLEBY CT6018/698 West Area H340100S258 BENDLEBY CT6070/162 West Area H340100S259 BENDLEBY CT6020/919 West Area H340100S26 BENDLEBY CT6020/919 West Area H340100S260 BENDLEBY CT6035/839 West Area H340100S261 BENDLEBY CT6035/839 West Area H340100S262 BENDLEBY CT6035/839 West Area H340100S264 BENDLEBY CT5993/556 West Area H340100S265 BENDLEBY CT5993/556 West Area H340100S266 BENDLEBY CT6035/839 West Area H340100S267 BENDLEBY CT5943/943 West Area H340100S268 BENDLEBY CT5943/943 West Area H340100S269 BENDLEBY CT5943/943 West Area H340100S27 BENDLEBY CT6020/919 West Area H340100S270 BENDLEBY CT6035/839 West Area H340100S271 BENDLEBY CT6035/839 West Area H340100S272 BENDLEBY CT6035/839 West Area H340100S273 BENDLEBY CT6035/839 West Area H340100S274 BENDLEBY CL1429/39 OM015333 West Area H340100S275 BENDLEBY CL1429/39 OM015333 West Area H340100S276 BENDLEBY CT6035/839 West Area H340100S28 BENDLEBY CT6020/919 West Area H340100S280 BENDLEBY CT5993/556 West Area H340100S282 BENDLEBY CT6035/839 West Area H340100S283 BENDLEBY CT6035/839 West Area H340100S284 BENDLEBY CT6035/839 West Area H340100S287 BENDLEBY CT5893/990 West Area H340100S288 BENDLEBY CT5989/324 West Area H340100S289 BENDLEBY CT5989/324 West Area H340100S29 BENDLEBY CT6020/919 West Area H340100S290 BENDLEBY CT5999/768 West Area H340100S291 BENDLEBY CT6018/698 West Area H340100S292 BENDLEBY CT6009/564 West Area H340100S296 BENDLEBY CR5762/246 West Area H340100S299 BENDLEBY CT5998/403 West Area H340100S3 BENDLEBY CT6020/919 West Area H340100S30 BENDLEBY CT6020/919 West Area H340100S300 BENDLEBY CT5999/768 West Area H340100S301 BENDLEBY CT5989/324 West Area H340100S302 BENDLEBY CT5999/768 West Area H340100S303 BENDLEBY CT6020/919 West Area H340100S31 BENDLEBY CT6020/919 West Area H340100S32 BENDLEBY CT6020/919 West Area H340100S33 BENDLEBY CT6020/919 West Area H340100S34 BENDLEBY CT6020/919 West Area H340100S35 BENDLEBY CT6020/919 West Area H340100S36 BENDLEBY CT6020/919 West Area H340100S38 BENDLEBY CT5943/943 West Area H340100S39 BENDLEBY CT5943/943 West Area H340100S4 BENDLEBY CT6020/919 West Area H340100S40 BENDLEBY CT5943/943 West Area H340100S42 BENDLEBY CT5999/768 West Area H340100S43 BENDLEBY CT6018/699 West Area H340100S44 BENDLEBY CT5999/768 West Area H340100S45 BENDLEBY CT5999/768 West Area H340100S46 BENDLEBY CT5999/768 West Area H340100S47 BENDLEBY CT5999/768 West Area H340100S49 BENDLEBY CT5999/768 West Area H340100S50 BENDLEBY CT5999/768 West Area H340100S51 BENDLEBY CT5999/768 West Area H340100S52 BENDLEBY CT5999/768 West Area H340100S53 BENDLEBY CT5999/768 West Area H340100S54 BENDLEBY CT5999/768 West Area H340100S55 BENDLEBY CT6035/839 West Area H340100S56 BENDLEBY CT6018/699 West Area H340100S58 BENDLEBY CT5943/943 West Area H340100S59 BENDLEBY CT5943/943 West Area H340100S6 BENDLEBY CT6018/698 West Area H340100S60 BENDLEBY CT6035/839 West Area H340100S61 BENDLEBY CT6035/839 West Area H340100S62 BENDLEBY CT6020/919 West Area H340100S63 BENDLEBY CT6020/919 West Area H340100S64 BENDLEBY CT6020/919 West Area H340100S65 BENDLEBY CT6020/919 West Area H340100S66 BENDLEBY CT6020/919 West Area H340100S67 BENDLEBY CT6020/919 West Area H340100S68 BENDLEBY CT6020/919 West Area H340100S69 BENDLEBY CT6035/839 West Area H340100S7 BENDLEBY CT6018/698 West Area H340100S70 BENDLEBY CT6035/839 West Area H340100S71 BENDLEBY CT6035/839 West Area H340100S72 BENDLEBY CT6035/839 West Area H340100S73 BENDLEBY CT6035/839 West Area H340100S74 BENDLEBY CT6035/839 West Area H340100S75 BENDLEBY CT6035/839 West Area H340100S76 BENDLEBY CT6035/839 West Area H340100S77 BENDLEBY CT6035/839 West Area H340100S78 BENDLEBY CT6035/839 West Area H340100S8 BENDLEBY CT5999/768 West Area H340100S81 BENDLEBY CT5999/768 West Area H340100S82 BENDLEBY CT5999/768 West Area H340100S83 BENDLEBY CT5999/768 West Area H340100S84 BENDLEBY CT5999/768 West Area H340100S85 BENDLEBY CT5999/768 West Area H340100S86 BENDLEBY CT6070/162 West Area H340100S87 BENDLEBY CT6070/162 West Area H340100S88 BENDLEBY CT6070/162 West Area H340100S89 BENDLEBY CT6035/839 West Area H340100S9 BENDLEBY CT5999/768 West Area H340100S90 BENDLEBY CT6035/839 West Area H340100S91 BENDLEBY CT6035/839 West Area H340100S92 BENDLEBY CT6035/839 West Area H340100S93 BENDLEBY CT6035/839 West Area H340100S94 BENDLEBY CT6035/839 West Area H340100S95 BENDLEBY CT6035/839 West Area H340100S96 BENDLEBY CT6035/839 West Area H340100S97 BENDLEBY CT6020/919 West Area H340100S98 BENDLEBY CT6020/919 West Area H340100S99 BENDLEBY CT6020/919 West Area R788AT BENDLEBY West Area R788AT1 BENDLEBY West Area R788AU BENDLEBY West Area R788AV BENDLEBY West Area H360100S1 CAVENAGH CT6022/615 West Area H360100S100 CAVENAGH CT6002/551 West Area H360100S101 CAVENAGH CT6002/551 West Area H360100S102 CAVENAGH CT5886/212 West Area H360100S103 CAVENAGH CT5989/66 West Area H360100S103C CAVENAGH CT5580/812 West Area H360100S106 CAVENAGH CT6026/665 West Area H360100S107 CAVENAGH CT5989/66 West Area H360100S109 CAVENAGH CT5989/66 West Area H360100S110 CAVENAGH CT5989/66 West Area H360100S111 CAVENAGH CT5989/66 West Area H360100S112 CAVENAGH CT5886/212 West Area H360100S113 CAVENAGH CT6002/551 West Area H360100S114 CAVENAGH CT5886/212 West Area H360100S115 CAVENAGH CT6002/551 West Area H360100S116 CAVENAGH CT6002/551 West Area H360100S117 CAVENAGH CT6002/551 West Area H360100S118 CAVENAGH CT6002/551 West Area H360100S119 CAVENAGH CT5999/207 West Area H360100S120 CAVENAGH CT5999/207 West Area H360100S121 CAVENAGH CT5999/207 West Area H360100S122 CAVENAGH CT5999/207 West Area H360100S123 CAVENAGH CT5999/207 West Area H360100S124 CAVENAGH CT5999/207 West Area H360100S125 CAVENAGH CT5999/207 West Area H360100S126 CAVENAGH CT5999/207 West Area H360100S127 CAVENAGH CT5999/207 West Area H360100S128 CAVENAGH CT5999/207 West Area H360100S129 CAVENAGH CT5999/207 West Area H360100S130 CAVENAGH CT5999/207 West Area H360100S131 CAVENAGH CT5999/207 West Area H360100S132 CAVENAGH CT5999/207 West Area H360100S133 CAVENAGH CT5999/207 West Area H360100S134 CAVENAGH CT5999/207 West Area H360100S135 CAVENAGH CT5999/207 West Area H360100S136 CAVENAGH CT5999/207 West Area H360100S137 CAVENAGH CT5999/207 West Area H360100S138 CAVENAGH CT5999/207 West Area H360100S139 CAVENAGH CT5999/207 West Area H360100S140 CAVENAGH CT6002/551 West Area H360100S141 CAVENAGH CT6002/551 West Area H360100S142 CAVENAGH CT6002/551 West Area H360100S143 CAVENAGH CT5886/214 West Area H360100S144 CAVENAGH CT5999/207 West Area H360100S145 CAVENAGH CT5997/769 West Area H360100S146 CAVENAGH CT5989/66 West Area H360100S147 CAVENAGH CT5989/66 West Area H360100S149 CAVENAGH CT5989/66 West Area H360100S150 CAVENAGH CT6026/665 West Area H360100S151 CAVENAGH CT5989/66 West Area H360100S152 CAVENAGH CT5969/891 West Area H360100S153 CAVENAGH CT5886/214 West Area H360100S154 CAVENAGH CT5886/214 West Area H360100S155 CAVENAGH CT5999/207 West Area H360100S156 CAVENAGH CT5999/207 West Area H360100S157 CAVENAGH CT5999/207 West Area H360100S158 CAVENAGH CT5999/207 West Area H360100S159 CAVENAGH CT5999/207 West Area H360100S160 CAVENAGH CT5999/207 West Area H360100S161 CAVENAGH CT5999/207 West Area H360100S162 CAVENAGH CT5999/207 West Area H360100S163 CAVENAGH CT5999/207 West Area H360100S165 CAVENAGH CT5999/207 West Area H360100S166 CAVENAGH CT5999/207 West Area H360100S167 CAVENAGH CT5999/207 West Area H360100S168 CAVENAGH CT5999/207 West Area H360100S169 CAVENAGH CT5999/207 West Area H360100S170 CAVENAGH CT5999/207 West Area H360100S171 CAVENAGH CT5999/207 West Area H360100S172 CAVENAGH CT5999/207 West Area H360100S173 CAVENAGH CT5999/207 West Area H360100S174 CAVENAGH CT5999/207 West Area H360100S175 CAVENAGH CT5999/207 West Area H360100S176 CAVENAGH CT5999/207 West Area H360100S177 CAVENAGH CT5886/214 West Area H360100S179 CAVENAGH CT5886/214 West Area H360100S180 CAVENAGH CT5969/891 West Area H360100S181 CAVENAGH CT6026/665 West Area H360100S182 CAVENAGH CT6026/665 West Area H360100S183 CAVENAGH CT6026/665 West Area H360100S184 CAVENAGH CT6026/665 West Area H360100S185 CAVENAGH CT6026/665 West Area H360100S186 CAVENAGH CT5969/891 West Area H360100S187 CAVENAGH CT5969/891 West Area H360100S188 CAVENAGH CT6008/173 West Area H360100S189 CAVENAGH CT6008/173 West Area H360100S191 CAVENAGH CT5999/207 West Area H360100S192 CAVENAGH CT5999/207 West Area H360100S193 CAVENAGH CT5999/207 West Area H360100S194 CAVENAGH CT5999/207 West Area H360100S195 CAVENAGH CT5999/207 West Area H360100S196 CAVENAGH CT5999/207 West Area H360100S197 CAVENAGH CT5434/364 West Area H360100S198 CAVENAGH CT5999/207 West Area H360100S199 CAVENAGH CT5999/207 West Area H360100S2 CAVENAGH CT6022/615 West Area H360100S20 CAVENAGH CT5851/661 West Area H360100S200 CAVENAGH CT5434/364 West Area H360100S201 CAVENAGH CT5999/207 West Area H360100S202 CAVENAGH CT5999/207 West Area H360100S203 CAVENAGH CT5999/207 West Area H360100S204 CAVENAGH CT5999/207 West Area H360100S205 CAVENAGH CT5999/207 West Area H360100S206 CAVENAGH CT5999/207 West Area H360100S207 CAVENAGH CT5999/207 West Area H360100S208 CAVENAGH CT5999/207 West Area H360100S209 CAVENAGH CT5999/207 West Area H360100S21 CAVENAGH CT5851/661 West Area H360100S210 CAVENAGH CT5999/207 West Area H360100S212 CAVENAGH CT5434/364 West Area H360100S213 CAVENAGH CT5999/207 West Area H360100S214 CAVENAGH CT5999/207 West Area H360100S215 CAVENAGH CT5999/207 West Area H360100S216 CAVENAGH CT5999/207 West Area H360100S217 CAVENAGH CT5999/207 West Area H360100S218 CAVENAGH CT5999/207 West Area H360100S219 CAVENAGH CT5969/891 West Area H360100S22 CAVENAGH CT5783/30 West Area H360100S220 CAVENAGH CT5969/891 West Area H360100S221 CAVENAGH CT5969/891 West Area H360100S222 CAVENAGH CT5969/891 West Area H360100S223 CAVENAGH CT6026/665 West Area H360100S224 CAVENAGH CT6026/665 West Area H360100S225 CAVENAGH CT6026/665 West Area H360100S226 CAVENAGH CT6026/665 West Area H360100S227 CAVENAGH CT5999/207 West Area H360100S228 CAVENAGH CT5999/207 West Area H360100S229 CAVENAGH CT5961/61 West Area H360100S23 CAVENAGH CT5783/30 West Area H360100S230 CAVENAGH CT5937/364 West Area H360100S231 CAVENAGH CT5353/657 West Area H360100S232 CAVENAGH CT6022/797 West Area H360100S233 CAVENAGH CT5969/891 West Area H360100S234 CAVENAGH CT6022/797 West Area H360100S235 CAVENAGH CL1565/29 OP020281 West Area H360100S236 CAVENAGH CR5768/268 West Area H360100S237 CAVENAGH CR5768/269 West Area H360100S238 CAVENAGH CR5768/270 West Area H360100S239 CAVENAGH CR5768/271 West Area H360100S24 CAVENAGH CT5961/61 West Area H360100S241 CAVENAGH CT5999/207 West Area H360100S242 CAVENAGH CT6022/615 West Area H360100S243 CAVENAGH CT5783/30 West Area H360100S245 CAVENAGH CT5434/364 West Area H360100S246 CAVENAGH CT6026/665 West Area H360100S247 CAVENAGH CT6022/797 West Area H360100S248 CAVENAGH CT5999/207 West Area H360100S249 CAVENAGH CT5925/525 West Area H360100S25 CAVENAGH CT5961/61 West Area H360100S254 CAVENAGH CR5768/272 West Area H360100S255 CAVENAGH CR5768/273 West Area H360100S257 CAVENAGH CR5696/845 West Area H360100S258 CAVENAGH CT512/62 West Area H360100S259 CAVENAGH CT5999/207 West Area H360100S26 CAVENAGH CT5961/61 West Area H360100S260 CAVENAGH CT5999/207 West Area H360100S261 CAVENAGH CT6022/797 West Area H360100S262 CAVENAGH CT6022/797 West Area H360100S263 CAVENAGH CT5877/966 West Area H360100S264 CAVENAGH CT5852/938 West Area H360100S265 CAVENAGH CT5999/207 West Area H360100S267 CAVENAGH CT5999/207 West Area H360100S268 CAVENAGH CT5999/207 West Area H360100S269 CAVENAGH CT5850/698 West Area H360100S27 CAVENAGH CT6022/615 West Area H360100S270 CAVENAGH CT6026/665 West Area H360100S271 CAVENAGH CT5989/66 West Area H360100S272 CAVENAGH CT5989/66 West Area H360100S273 CAVENAGH CT5886/214 West Area H360100S274 CAVENAGH CT5886/214 West Area H360100S275 CAVENAGH CT5874/145 West Area H360100S276 CAVENAGH CT5874/145 West Area H360100S277 CAVENAGH CT5504/473 West Area H360100S278 CAVENAGH CT6008/173 West Area H360100S28 CAVENAGH CT6022/615 West Area H360100S289 CAVENAGH CT5999/207 West Area H360100S290 CAVENAGH CT5826/968 West Area H360100S291 CAVENAGH CT5999/207 West Area H360100S292 CAVENAGH CT5999/207 West Area H360100S293 CAVENAGH CT5999/207 West Area H360100S294 CAVENAGH CT5999/207 West Area H360100S295 CAVENAGH CT5999/207 West Area H360100S296 CAVENAGH CT5999/207 West Area H360100S297 CAVENAGH CT5999/207 West Area H360100S298 CAVENAGH CT5999/207 West Area H360100S299 CAVENAGH CT5999/207 West Area H360100S3 CAVENAGH CT6022/615 West Area H360100S30 CAVENAGH CT6022/615 West Area H360100S300 CAVENAGH CT5999/207 West Area H360100S301 CAVENAGH CT5999/207 West Area H360100S302 CAVENAGH CT5999/207 West Area H360100S303 CAVENAGH CT5999/207 West Area H360100S304 CAVENAGH CT5999/207 West Area H360100S305 CAVENAGH CT5999/207 West Area H360100S306 CAVENAGH CT5999/207 West Area H360100S307 CAVENAGH CT5999/207 West Area H360100S308 CAVENAGH CT5999/207 West Area H360100S309 CAVENAGH CT5999/207 West Area H360100S31 CAVENAGH CT6022/615 West Area H360100S310 CAVENAGH CT5999/207 West Area H360100S311 CAVENAGH CT5999/207 West Area H360100S312 CAVENAGH CT5999/207 West Area H360100S313 CAVENAGH CT5999/207 West Area H360100S314 CAVENAGH CT5999/207 West Area H360100S315 CAVENAGH CT5999/207 West Area H360100S316 CAVENAGH CT5999/207 West Area H360100S317 CAVENAGH CT5999/207 West Area H360100S318 CAVENAGH CT5999/207 West Area H360100S319 CAVENAGH CT5999/207 West Area H360100S32 CAVENAGH CT5937/364 West Area H360100S320 CAVENAGH CT5999/207 West Area H360100S321 CAVENAGH CT5999/207 West Area H360100S322 CAVENAGH CT5999/207 West Area H360100S323 CAVENAGH CT5999/207 West Area H360100S324 CAVENAGH CT5999/207 West Area H360100S325 CAVENAGH CT5999/207 West Area H360100S326 CAVENAGH CT5999/207 West Area H360100S327 CAVENAGH CT5999/207 West Area H360100S328 CAVENAGH CT5999/207 West Area H360100S329 CAVENAGH CT5999/207 West Area H360100S330 CAVENAGH CT5999/207 West Area H360100S331 CAVENAGH CT5999/207 West Area H360100S332 CAVENAGH CT5999/207 West Area H360100S333 CAVENAGH CT5999/207 West Area H360100S334 CAVENAGH CT5999/207 West Area H360100S335 CAVENAGH CT5999/207 West Area H360100S336 CAVENAGH CT5999/207 West Area H360100S337 CAVENAGH CT5999/207 West Area H360100S338 CAVENAGH CT5999/207 West Area H360100S339 CAVENAGH CT5999/207 West Area H360100S33E CAVENAGH CT5709/935 West Area H360100S340 CAVENAGH CT5999/207 West Area H360100S341 CAVENAGH CT5999/207 West Area H360100S342 CAVENAGH CT5999/207 West Area H360100S343 CAVENAGH CT5999/207 West Area H360100S344 CAVENAGH CT5999/207 West Area H360100S345 CAVENAGH CT5999/207 West Area H360100S346 CAVENAGH CT5999/207 West Area H360100S347 CAVENAGH CT5999/207 West Area H360100S348 CAVENAGH CT5999/207 West Area H360100S349 CAVENAGH CT5999/207 West Area H360100S34N CAVENAGH CT5701/986 West Area H360100S34S CAVENAGH CT5709/935 West Area H360100S350 CAVENAGH CT5999/207 West Area H360100S351 CAVENAGH CT5999/207 West Area H360100S352 CAVENAGH CT5999/207 West Area H360100S353 CAVENAGH CT5999/207 West Area H360100S354 CAVENAGH CT5999/207 West Area H360100S355 CAVENAGH CT5999/207 West Area H360100S356 CAVENAGH CT5999/207 West Area H360100S357 CAVENAGH CT5999/207 West Area H360100S358 CAVENAGH CT5999/207 West Area H360100S359 CAVENAGH CT5999/207 West Area H360100S360 CAVENAGH CT5999/207 West Area H360100S361 CAVENAGH CT5999/207 West Area H360100S362 CAVENAGH CT5999/207 West Area H360100S363 CAVENAGH CT5999/207 West Area H360100S364 CAVENAGH CT5999/207 West Area H360100S365 CAVENAGH CT5999/207 West Area H360100S366 CAVENAGH CT5999/207 West Area H360100S367 CAVENAGH CT5999/207 West Area H360100S368 CAVENAGH CT5999/207 West Area H360100S369 CAVENAGH CT5999/207 West Area H360100S37 CAVENAGH CT6022/797 West Area H360100S370 CAVENAGH CT5999/207 West Area H360100S371 CAVENAGH CT5999/207 West Area H360100S372 CAVENAGH CT5999/207 West Area H360100S373 CAVENAGH CT5999/207 West Area H360100S374 CAVENAGH CT5999/207 West Area H360100S375 CAVENAGH CT5999/207 West Area H360100S376 CAVENAGH CT5999/207 West Area H360100S377 CAVENAGH CT5999/207 West Area H360100S378 CAVENAGH CT5999/207 West Area H360100S379 CAVENAGH CT5999/207 West Area H360100S38 CAVENAGH CT6022/797 West Area H360100S380 CAVENAGH CT5999/207 West Area H360100S381 CAVENAGH CT5999/207 West Area H360100S382 CAVENAGH CT5783/30 West Area H360100S383 CAVENAGH CT5989/66 West Area H360100S384 CAVENAGH CT5989/66 West Area H360100S385 CAVENAGH CT5989/66 West Area H360100S386 CAVENAGH CT6022/615 West Area H360100S387 CAVENAGH CT6022/797 West Area H360100S388 CAVENAGH CT6026/665 West Area H360100S39 CAVENAGH CT6022/797 West Area H360100S4 CAVENAGH CT6022/615 West Area H360100S40 CAVENAGH CT6022/797 West Area H360100S42 CAVENAGH CT6022/797 West Area H360100S43 CAVENAGH CT5353/657 West Area H360100S44 CAVENAGH CT6022/797 West Area H360100S45 CAVENAGH CT5997/768 West Area H360100S46 CAVENAGH CT5997/768 West Area H360100S47 CAVENAGH CT5997/768 West Area H360100S48 CAVENAGH CT5352/562 West Area H360100S49 CAVENAGH CT5783/30 West Area H360100S5 CAVENAGH CT5933/882 West Area H360100S50 CAVENAGH CT5783/30 West Area H360100S51 CAVENAGH CT5783/30 West Area H360100S52 CAVENAGH CT5999/207 West Area H360100S53 CAVENAGH CT5852/938 West Area H360100S54 CAVENAGH CT5852/938 West Area H360100S55 CAVENAGH CT5852/938 West Area H360100S56 CAVENAGH CT5850/698 West Area H360100S57 CAVENAGH CT5850/698 West Area H360100S59 CAVENAGH CT5852/938 West Area H360100S60 CAVENAGH CT5852/938 West Area H360100S62 CAVENAGH CT5999/207 West Area H360100S63 CAVENAGH CT5999/207 West Area H360100S64 CAVENAGH CT5999/207 West Area H360100S65E CAVENAGH CT5353/657 West Area H360100S65W CAVENAGH CT5353/657 West Area H360100S66 CAVENAGH CT5353/657 West Area H360100S67 CAVENAGH CT5353/657 West Area H360100S68 CAVENAGH CT5353/657 West Area H360100S69 CAVENAGH CT6022/797 West Area H360100S70 CAVENAGH CT5701/986 West Area H360100S71 CAVENAGH CT5877/966 West Area H360100S72 CAVENAGH CT5937/364 West Area H360100S73 CAVENAGH CT5937/364 West Area H360100S74 CAVENAGH CT5701/986 West Area H360100S75 CAVENAGH CT6022/797 West Area H360100S75C CAVENAGH CT5453/170 West Area H360100S76 CAVENAGH CT6002/551 West Area H360100S77 CAVENAGH CT5997/769 West Area H360100S78 CAVENAGH CT5353/657 West Area H360100S79 CAVENAGH CT5353/657 West Area H360100S8 CAVENAGH CT5859/212 West Area H360100S80 CAVENAGH CT5353/657 West Area H360100S81 CAVENAGH CT5353/657 West Area H360100S82 CAVENAGH CT5353/657 West Area H360100S83 CAVENAGH CT5999/207 West Area H360100S84 CAVENAGH CT5999/207 West Area H360100S85 CAVENAGH CT5999/207 West Area H360100S86 CAVENAGH CT5852/938 West Area H360100S87 CAVENAGH CT5852/938 West Area H360100S88 CAVENAGH CT5852/938 West Area H360100S89 CAVENAGH CT5999/207 West Area H360100S90 CAVENAGH CT5999/207 West Area H360100S91 CAVENAGH CT5999/207 West Area H360100S92 CAVENAGH CT5999/207 West Area H360100S93 CAVENAGH CT5999/207 West Area H360100S94 CAVENAGH CT5999/207 West Area H360100S95 CAVENAGH CT5999/207 West Area H360100S96 CAVENAGH CT5999/207 West Area H360100S97 CAVENAGH CT5353/657 West Area H360100S98 CAVENAGH CT6002/551 West Area H360100S99 CAVENAGH CT6002/551 West Area H310200S313 COOMOOROO CT5966/960 West Area D68705A1 ERSKINE CT6046/566 West Area H310300S100 ERSKINE CT6046/566 West Area H310300S101 ERSKINE CT6046/566 West Area H310300S102 ERSKINE CT6026/665 West Area H310300S103 ERSKINE CT6026/665 West Area H310300S104 ERSKINE CT6026/665 West Area H310300S105 ERSKINE CT6026/665 West Area H310300S106 ERSKINE CT6046/566 West Area H310300S107 ERSKINE CT6046/566 West Area H310300S108 ERSKINE CT6046/566 West Area H310300S109 ERSKINE CT6011/290 West Area H310300S110 ERSKINE CT6011/290 West Area H310300S111 ERSKINE CT5196/875 West Area H310300S112 ERSKINE CT5196/875 West Area H310300S113 ERSKINE CT5892/695 West Area H310300S114 ERSKINE CT5892/695 West Area H310300S115 ERSKINE CT5977/85 West Area H310300S116 ERSKINE CT5807/548 West Area H310300S117 ERSKINE CT5892/695 West Area H310300S118 ERSKINE CT5532/654 West Area H310300S119 ERSKINE CT6026/165 West Area H310300S120 ERSKINE CT5892/695 West Area H310300S121 ERSKINE CT5456/864 West Area H310300S122 ERSKINE CT6026/165 West Area H310300S123 ERSKINE CT6026/165 West Area H310300S124 ERSKINE CT5196/875 West Area H310300S125 ERSKINE CT6011/290 West Area H310300S126 ERSKINE CT6011/290 West Area H310300S127 ERSKINE CT5969/957 West Area H310300S128 ERSKINE CT5969/957 West Area H310300S129 ERSKINE CT6046/566 West Area H310300S130 ERSKINE CT6046/566 West Area H310300S131 ERSKINE CT6026/665 West Area H310300S132 ERSKINE CT6026/665 West Area H310300S133 ERSKINE CT6026/665 West Area H310300S134 ERSKINE CT6026/665 West Area H310300S135 ERSKINE CT5942/935 West Area H310300S137 ERSKINE CT5196/874 West Area H310300S138 ERSKINE CT5196/874 West Area H310300S139 ERSKINE CL1427/10 OM015356 West Area H310300S140 ERSKINE CT6019/40 West Area H310300S141 ERSKINE CT6019/40 West Area H310300S142 ERSKINE CT5930/763 West Area H310300S143 ERSKINE CT6026/165 West Area H310300S144 ERSKINE CT6026/165 West Area H310300S145 ERSKINE CT6026/165 West Area H310300S146 ERSKINE CT6026/165 West Area H310300S147 ERSKINE CT5532/655 West Area H310300S148 ERSKINE CT6010/800 West Area H310300S149 ERSKINE CT5354/430 West Area H310300S150 ERSKINE CT6026/165 West Area H310300S151 ERSKINE CT5930/763 West Area H310300S152 ERSKINE CT6019/40 West Area H310300S153 ERSKINE CT6019/40 West Area H310300S154 ERSKINE CT5930/763
SCHEDULE 10 - ASSETS OF SA POWER NETWORKS
CONDUCTORS
ASSET TYPE OPERATING
VOLTAGE
PARCEL ID CT REF HUNDRED CD Area Overhead High Voltage Conductor 19kV H360100S250 CR5762 867 CAVENAGH West Area Overhead High Voltage Conductor 19kV H360100S251 CR5762 868 CAVENAGH West Area Overhead High Voltage Conductor 11kV H311000S311 CR5746 420 WALLOWAY West Area Underground Low Voltage Service Conductor 433V H311000S336 CR5755 853 WALLOWAY West Area Underground Low Voltage Conductor 433V H311000S336 CR5755 853 WALLOWAY West Area Overhead High Voltage Conductor 11kV H311000S336 CR5755 853 WALLOWAY West Area Overhead High Voltage Conductor 11kV H311000S337 CR6076 277 WALLOWAY West Area Underground Low Voltage Service Conductor 433V H311000S340 CR5755 854 WALLOWAY West Area Overhead Low Voltage Conductor 433V H311000S340 CR5755 854 WALLOWAY West Area Overhead High Voltage Conductor 11kV H311000S345 CR6076 277 WALLOWAY West Area Overhead High Voltage Conductor 11kV H311000S348 CR6076 277 WALLOWAY West Area Overhead High Voltage Conductor 11kV H311000S348 CR6076 277 WALLOWAY West Area Overhead High Voltage Conductor 11kV H311000S362 CR5755 853 WALLOWAY West Area Underground Low Voltage Service Conductor 433V H311000S362 CR5755 853 WALLOWAY West Area Overhead High Voltage Conductor 19kV H311000S425 CR5762 805 WALLOWAY West Area Overhead High Voltage Conductor 11kV H311000S500 CR5762 811 WALLOWAY West Area Overhead Low Voltage Conductor 240V H311000S500 CR5762 811 WALLOWAY West Area TRANSFORMERS
DCDBID TITLE REF CD Area Name TF TYPE ASSET TYPE INPUT (V) OUTPUT (V) COUNT H311000S362 CR5755/853 West Area WALLOWAY Pole Mounted Pole Mounted Transformer 11kV 433V 1 H311000S500 CR5762/811 West Area WALLOWAY Pole Mounted Pole Mounted Transformer 11kV 240V 1 REASONS FOR JUDGMENT
WHITE J:
Each of the Adnyamathanha, Ngadjuri and Wilyakali Peoples have lodged applications for the determination of native title in respect of large areas of land in the east of South Australia. To varying extents, the areas claimed in each application overlapped. The parties have now agreed that there is one single society made up of the three groups which holds native title over the area and join in asking the Court to make a determination of native title by consent.
These reasons explain why I consider it appropriate to give effect to the parties’ agreement.
The applications
The first application in time is the Adnyamathanha No 1 Native Title Determination application (SAD6001/1998). This application was made in respect of extensive areas of land in the north and east of South Australia. A number of consent determinations have previously been made over separate areas of the land claimed in that application.
The Ngadjuri Nation Native Title Determination application was lodged on 12 October 2010 (SAD147/2010).
The Wilyakali No 2 Native Title Determination application was lodged on 25 November 2015 (SAD417/2015).
By an order of the Court made on 26 February 2018, the claims were combined into a single overlap proceeding in order to give effect to s 67 of the Native Title Act 1993 (Cth) (the NT Act).
The Overlap Proceeding has proceeded in Action SAD6001/1998.
The effect of the determination is that there will be a determination of native title in respect of the whole of the undetermined parts of the Adnyamathanha application and in respect of the whole of the areas claimed in the Ngadjuri and Wilyakali applications.
The Determination Area
The area which is the subject of the determination is described in its Schedule 1. Looked at very generally, it has a rectangular shape and is on a southwest‑northeast axis. The southern boundary follows a reasonably direct line from a point just west of Orroroo in the southwest to Mingary at the eastern most point (in part following the alignment of the Barrier Highway). The western boundary follows the alignment of RM Williams Way between Orroroo and Cradock at the north‑western point of the determination area. The eastern boundary runs north‑north west from Mingary to the south‑eastern most point of the Adnyamathanha No 1 Claim. The north eastern part of the claim area adjoins the area claimed by the Malyankapa Peoples. The northern boundary of the determination area (which is not in a continuous straight line) follows generally the boundaries of pastoral leases.
The determination area is divided into three areas (West, Central and East) which reflect the areas of different responsibilities of the applicant groups. These areas are identified with precision in the maps forming part of Schedule 1.
A combination of Adnyamathanha People and Ngadjuri People will be recognised as the native title holders for the West area; a combination of all three People will be recognised as the native title holders for the Central area; and a combination of Adnyamathanha People and Wilyakali People will be recognised as the native title holders for the East area.
The Court’s power
Section 87 of the NT Act permits the Court to make a determination by consent, and without conducting a trial, if it is satisfied of a number matters:
(a)the period specified in the notice given under s 66 of the NT Act has ended (s 87(1));
(b)there is agreement between the parties on the terms of an order of the Court in relation to the proceedings (s 87(1)(a)(i));
(c)the terms of the agreement are in writing, signed by or on behalf of the parties, and filed with the Court (s 87(1)(b));
(d)the Court is satisfied that an order in, or consistent with, the terms agreed upon by the parties is within the power of the Court (s 87(1)(c)); and
(e)the Court is satisfied that it is appropriate to make the orders sought (ss 87(1) and (2)).
The first three of these requirements are of a more formal or procedural kind. They are satisfied in the present case. For the reasons which I will elaborate below, I am satisfied that the terms of the proposed determination are within the Court’s power and that it is appropriate to make the determination.
Matters of approach
The requirement that the Court be satisfied that it is appropriate to make a proposed determination reflects the fact that a determination of native title, even when made by consent, binds the community generally, and not just the parties to the proceeding in which the determination is made: Munn (for and on behalf of the Gunggari People) v Queensland [2001] FCA 1229; (2001) 115 FCR 109 at [22].
The NT Act encourages parties to reach agreement with respect to claims of native title. That is an aspect of the overall policy of the Act and there are, in addition, the advantages for all in the avoidance of the need for a trial. Sections 87 and 87A of the NT Act allow the Court to give effect to agreements by the making of consent determinations.
When considering a request by parties for a consent determination, the Court has regard to the policy just mentioned and of course to the parties’ agreement. The Court also places particular reliance on State and Territory parties to native title proceedings. In Smith v State of Western Australia [2000] FCA 1249; (2000) 104 FCR 494 at [38], Madgwick J said:
… State governments are necessarily obliged to subject claims for native title over lands and waters owned and occupied by the State and State agencies, to scrutiny just as careful[ly] as the community would expect in relation to claims by non-Aborigines to significant rights over such land. …
In King on behalf of the Eringa Native Title Claim Group v State of South Australia [2011] FCA 1386; (2011) 285 ALR 454 at [19], Keane CJ spoke of the role of the States and Territories as follows:
[19]More recently, the Court has been prepared to rely upon the processes of the relevant State or Territory about the requirements of s 223 being met to be satisfied that the making of the agreed orders is appropriate. That is because each State and Territory has developed a protocol or procedure by which it determines whether native title (as defined in s 223) has been established. It acts in the public interest and as the public guardian in doing so. It has access to anthropological, and where appropriate, archaeological, historical and linguistic expertise. It has a legal team to manage and supervise the testing as to the existence of native title in the claimant group. Although the Court must, of course, preserve to itself the question whether it is satisfied that the proposed orders are appropriate in the circumstances of each particular application, generally the Court reaches the required satisfaction by reliance upon those processes. They are commonly explained in the joint submissions of the parties in support of the orders agreed. ...
In Lovett on behalf of the Gunditjmara People v State of Victoria [2007] FCA 474, North J said:
[36]… The Act is designed to encourage parties to take responsibility for resolving proceedings without the need for litigation. Section 87 must be construed in this context. The power must be exercised flexibly and with regard to the purpose for which the section is designed.
[37]In this context, when the Court is examining the appropriateness of an agreement, it is not required to examine whether the agreement is grounded on a factual basis which would satisfy the Court at a hearing of the application. The primary consideration of the Court is to determine whether there is an agreement and whether it was freely entered into on an informed basis: Nangkiriny v State of Western Australia (2002) 117 FCR 6; [2002] FCA 660, Ward v State of Western Australia [2006] FCA 1848. Insofar as this latter consideration applies to a State party, it will require the Court to be satisfied that the State party has taken steps to satisfy itself that there is a credible basis for an application: Munn v Queensland (2001) 115 FCR 109; [2001] FCA 1229. There is a question as to how far a State party is required to investigate in order to satisfy itself of a credible basis for an application. One reason for the often inordinate time taken to resolve some of these cases is the overly demanding nature of the investigation conducted by State parties. The scope of these investigations demanded by some States is reflected in the complex connection guidelines published by some States.
Consistently with the approach stated in these authorities, the Court does not, on an application pursuant to s 87 or s 87A, examine the underlying evidence with a view to satisfying itself that it would justify a determination following a full hearing. Instead, the Court considers whether the agreement was freely entered into on an informed and rational basis, that the parties were acting in good faith, and that the State or Territory party has taken steps to satisfy itself that there is a credible basis for the application.
The Court is aware that the State of South Australia has developed a rigorous process for assessing evidence in native title claims against the requirements of the NT Act. The process is outlined in a policy document published by the State entitled “Consent Determinations in South Australia: A Guide to Preparing Native Title Reports” (the CD Policy).
In the present case, the State has, in accordance with the CD Policy, conducted a lengthy and rigorous assessment of the evidence provided by the applicants in support of the claim. This has involved it assessing anthropological and historical evidence submitted by the claimants as well as making its own independent enquiries.
The Court accepts that the State has had regard to a large volume of material. It had previously considered some of that material in relation to the consent determinations in respect of portions of the Adnyamathanha No 1 Claim. The joint submissions of the parties indicate that the State has had regard to some 18 reports from anthropologists, nine statements from members of the Ngadjuri People, 29 statements from members of the Adnyamathanha People, interviews with members of the Ngadjuri People conducted in October 2010, as well as other materials in the nature of submissions, position statements, and photographs.
Mandatory requirements
Section 94A of the NT Act requires that a determination of native title set out details of the matters mentioned in s 225. Section 225 provides:
225 Determination of native title
A determination of native title is a determination whether or not native title exists in relation to a particular area (the determination area) of land or waters and, if it does exist, a determination of:
(a)who the persons, or each group of persons, holding the common or group rights comprising the native title are; and
(b)the nature and extent of the native title rights and interests in relation to the determination area; and
(c)the nature and extent of any other interests in relation to the determination area; and
(d)the relationship between the rights and interests in paragraphs (b) and (c) (taking into account the effect of this Act); and
(e)to the extent that the land or waters in the determination area are not covered by a non‑exclusive agricultural lease or a non‑exclusive pastoral lease—whether the native title rights and interests confer possession, occupation, use and enjoyment of that land or waters on the native title holders to the exclusion of all others.
Note:The determination may deal with the matters in paragraphs (c) and (d) by referring to a particular kind or particular kinds of non‑native title interests.
The term “native title rights and interests” used in s 225(b) is defined in s 223(1) of the NT Act relevantly as follows:
Common law rights and interests
(1)The expression native title or native title rights and interests means the communal, group or individual rights and interests of Aboriginal peoples or Torres Strait Islanders in relation to land or waters, where:
(a)the rights and interests are possessed under the traditional laws acknowledged, and the traditional customs observed, by the Aboriginal peoples or Torres Strait Islanders; and
(b)the Aboriginal peoples or Torres Strait Islanders, by those laws and customs, have a connection with the land or waters; and
(c) the rights and interests are recognised by the common law of Australia.
Hunting, gathering and fishing covered
(2)Without limiting subsection (1), rights and interests in that subsection includes hunting, gathering, or fishing, rights and interests.
Section 223(1) was considered by the High Court in Members of the Yorta Yorta Aboriginal Community v State of Victoria [2002] HCA 58; (2002) 214 CLR 422 and by Mansfield J in Risk v Northern Territory of Australia [2006] FCA 404. It is established that there must be a recognisable group or society which presently recognises and observes traditional laws and customs in the area of the proposed determination. Matters bearing upon the identification of that group or society include:
(a)that the members of the society are united in and by their acknowledgement and observance of a body of accepted laws and customs;
(b)the present day body of accepted laws and customs of the society is in essence the same body of laws and customs acknowledged and observed by the ancestors of members of the society adapted to modern circumstances; and
(c)the acknowledgement and observance of those laws and customs has continued substantially uninterrupted by each generation since sovereignty and the society has continued to exist throughout the period as a body united in and by its acknowledgement and observance of those laws and customs.
Accordingly, the present applicants must possess rights and interests under the traditional laws acknowledged and the traditional customs observed by them and, by those laws and customs, have a connection to the land and waters of the determination area: Far West Coast Native Title Claim v State of South Australia (No 7) [2013] FCA 1285 at [38]‑[39].
As already indicated, originally each of the applicant groups put forward their own claim in respect of the claim area. However, in late 2010, the three groups came together to provide anthropological evidence indicating that a single society made up of the three groups holds native title over the area. There followed mediation and conferences convened by the Court. Anthropologists engaged by each of the applicants, Mr Graham, Ms Jarvis and Dr Vachon, accept that the society which existed at the time of sovereignty comprised or included people who today identify as Adnyamathanha, Ngadjuri and Wilyakali bound together by mutually observed laws and customs and thus form a single society. The group shares key laws and customs including a matrilineal moiety system and mura which facilitate agreeable interactions between them, with the consequence that they may be treated as component parts of one society. As the joint submissions indicated, the position is analogous to that of the Torres Strait Islander People discussed by Finn J in Akiba v Queensland (No 3) [2010] FCA 643; (2010) 204 FCR 1 at [488].
The anthropologist retained by the State, Mr McCaul, agrees that a determination reflecting the three groups as one society is appropriate. Independent counsel retained by the State who has reviewed the material supports the same conclusion.
In October 2016, the State distributed a position paper describing the process it had undertaken and the reasons for the recommendation by the Crown Solicitor’s Office for a consent determination. Since that time, the principal parties have engaged in further negotiations concerning, in particular, native title mining agreements. It is appropriate to add that, on two separate occasions, the Court had put in place a timetable for a trial of the issues in the Overlap Proceedings.
Although they are not frequent, there have been a number of cases in which composite communities or groups have been found to constitute a wider society acknowledging traditional laws and observing traditional customs from which native title rights and interest of members of the composite group have derived. These include Daniel v Western Australia [2004] FCA 849, (2004) 138 FCR 254; Sampi on behalf of the Bardi and Jawi People v State of Western Australia [2005] FCA 777; Eringa, Eringa (No 2), Wangkangurru/Yarluyandi and Irrwanyere Mt Dare Group Claims [2008] FCA 1370; McNamara on behalf of the Gawler Ranges People v State of South Australia [2011] FCA 1471; Budby on behalf of the Barada Barna People v State of Queensland (No 7) [2016] FCA 1271; and Far West Coast Native Title Claim v State of South Australia (No 7) [2013] FCA 1285.
Turning to more specific matters, cl 2 of the Determination identifies, with appropriate particularity, the determination area, including the areas comprising the West, Central and East areas. The State has conducted a thorough tenure assessment and the parties are agreed as to the effect on native title of various tenures granted in the determination area.
Clause 4 of the Determination identifies, by reference to Schedule 3, the areas in which it is agreed that native title has been extinguished.
Clause 6 of the Determination identifies the native title holders, as required by s 225(a). As indicated earlier, in respect of the West area, the holders are members of the Adnyamathanha and the Ngadjuri; in respect of the Central area, the holders are members of the Adnyamathanha, Ngadjuri and Wilyakali; and in respect of the East area, the holders are members of the Adnyamathanha and the Wilyakli. Clause 6 provides, by reference to Schedules 4, 5 and 6, the criteria by which the native title holders in respect of each area are determined.
In relation to the requirements in s 225(b), cll 7‑10 inclusive of the determination identifies the nature and extent of the native title rights and interests held by the native title holders in their respective parts of the determination area.
In relation to s 225(c), cl 11 of the determination identifies with appropriate particularity the other rights and interests in relation to the determination area. Clauses 12‑14 identifies, as required by s 225(d), the relationship between the native title rights and interests, and the other interests.
Clause 8 of the determination provides that the native title rights and interests do not confer possession, occupation, use and enjoyment of the determination area on the native title holders to the exclusion of others.
Sections 55 and 56 of the NT Act require that the Court determine whether the native title be held on trust and, if so, by whom. Clause 15 of the determination provides that the native title is not be held on trust.
It is appropriate to refer to some remaining discretionary matters.
All but one of the parties consenting to the determination have had independent legal advice in the proceedings. The one party which has not had legal representation, Bush Heritage Australia, has had the assistance of a legal practitioner and there is no reason to believe that it has been disadvantaged by the lack of formal representation.
The parties have also agreed that the fact that the native title group is a combination of three groups, should not have the effect of increasing the burdens on other interest holders and third parties (including future interest holders and third parties). For this purpose, there will be a single Registered Native Title Body Corporate with single processes for future acts or Aboriginal heritage purposes.
There has been compliance with all of the requirements of the NT Act.
As indicated earlier, it is important to have regard to the fact that the applicants and the State, through competent legal representation, are satisfied that a consent determination is appropriate in the terms contained in the determination.
Conclusion
For the reasons stated above, I am satisfied that it is appropriate to make the determination on which the parties have agreed.
It is appropriate to emphasise that the determination is not in the nature of the grant of a new interest in land to the native title holders. Instead, it is a declaration that the native title rights and interests exist and that they have always existed, at least since European settlement.
I certify that the preceding forty-four (44) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice White. Associate:
Dated: 14 December 2018
SCHEDULE
SAD 6001 of 1998
First Applicant
Adnyamathanha No 1 Native Title Claim (SAD6001/1998)
First Applicant: ANGELINA STUART
First Applicant: BEVERLEY PATTERSON
First Applicant: THATHY (GERALDINE) ANDERSON
First Applicant: MARK MCKENZIE (SNR)
Second Applicant
Ngadjuri Native Title Claim (SAD147/2010)
Second Applicant: ELLA HARRADINE
Third Applicant
Wilyakali No 2 Native Title Claim (SAD417/2015)
Third Applicant: JANET CROWE
Third Applicant: RICHARD EDGE
Third Applicant: ELIZABETH HUNTER
Third Applicant: BRIAN BATES
Third Applicant: MAUREEN O'DONNELL
Respondents
Respondent: COMMONWEALTH OF AUSTRALIA
Respondent: DISTRICT COUNCIL OF ORROROO/CARRIETON
Respondent: THE FLINDERS RANGES COUNCIL
Respondent: AESTAS PTY LTD
Respondent: ALPANA PTY LTD
Respondent: FREDERICK SPENCER HOWE DOMAN
Respondent: MARGARET CAMPBELL DOMAN
Respondent: THOMAS ALASTAIR DOMAN
Respondent: HGM PASTORAL PTY LTD
Respondent: IAN C FERGUSON NOMINEES PTY LTD
Respondent: JILL LARRITT
Respondent: ELSPETH MARY DOMAN
Respondent: ANDREW SPENCER DOMAN
Respondent: CR & S PTY LTD
Respondent: COMMODORE STATION PTY LTD
Respondent: RICHARD BURY
Respondent: DENIS F BEST
Respondent: FRANCIS CAPOWIE PTY LTD
Respondent: MOOLOOLOO PROPRIETORS PTY LTD
Respondent: JAMES RANEMBE MORGAN
Respondent: MUTOOROO PASTORAL COMPANY PTY LTD
Respondent: ANNE NEED
Respondent: NILPENA PARTNERS
Respondent: BRENTON JOHN LUCKRAFT
Respondent: ORATANA PTY
Respondent: PARTACOONA PAST CO PTY LTD
Respondent: QUINYAMBIE PASTORAL CO PTY LTD
Respondent: GRAHAM ANDREW RAGLESS
Respondent: OLARY INVESTMENTS PTY LTD
Respondent: PAULINE ANN RAGLESS
Respondent: RICHARD WILLIAM RAGLESS
Respondent: RETEP PTY LTD
Respondent: PHILLIP LEONARD SEARLE
Respondent: SOUTH AUSTRALIAN FARMERS FEDERATION
Respondent: GRISELDA SPRIGG
Respondent: DOUGLAS P SPRIGG
Respondent: MARGARET SPRIGG
Respondent: TEETULPA PASTORAL CO PTY LTD
Respondent: DAVID JOHN WARWICK
Respondent: RICHARD MARCHANT WARWICK
Respondent: WITCHELINA PTY LTD
Respondent: WOODLENE PTY LTD
Respondent: WINNIFRIED FARGHER
Respondent: REX FARGHER
Respondent: WILLIAM RESCHKE
Respondent: CATHERINE DRIVER
Respondent: DARREL FARGHER
Respondent: WARREN FARGHER
Respondent: JA SMITH
Respondent: PO SMITH
Respondent: DJ SMITH
Respondent: JO SMITH
Respondent: PA SMITH
Respondent: JULIE RESCHKE
Respondent: ROY DRIVER
Respondent: EPIC ENERGY SOUTH AUSTRALIA PTY LTD
Respondent: SOUTH AUSTRALIAN APIARISTS ASSOCIATION INC
Respondent: TELSTRA CORPORATION LIMITED
Respondent: SA POWER NETWORKS (FORMERLY KNOW AS ETSA UTILITIES)
Respondent: DISTRICT COUNCIL OF PETERBOROUGH
Respondent: AJ & PA MCBRIDE LIMITED
Respondent: BOSS URANIUM PTY LTD
Respondent: WILLIAM CRAWFORD
Respondent: BILLEROO WEST PTY LTD
Respondent: BUSH HERITAGE AUSTRALIA
Respondent: BENAGERIE GOLD AND COPPER PTY LTD
Respondent: YARRAMBA PASTORAL PTY LTD
Respondent: KALKAROO PASTORAL CO PTY LTD
3
17
1