Douglas on behalf of the Kabi Kabi First Nation Traditional Owners Native Title Claim Group v State of Queensland (No 5)
[2024] FCA 645
•17 June 2024
FEDERAL COURT OF AUSTRALIA
Douglas on behalf of the Kabi Kabi First Nation Traditional Owners Native Title Claim Group v State of Queensland (No 5) [2024] FCA 645
File number(s): QUD 20 of 2019 Judgment of: COLLIER ACJ Date of judgment: 17 June 2024 Catchwords: NATIVE TITLE – consent determination – agreement executed under s 87A Native Title Act 1993 (Cth) - power of Court to make orders – appropriate for Court to make orders Legislation: Australian Maritime Safety Authority Act 1990 (Cth) s 6
Australian Telecommunications Corporation Act 1989 (Cth)
Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Cth)
Native Title Act 1993 (Cth) Pt 15, ss 13, 23B, 23B, 23C, 24IB, 24JA, 24KA, , 47, 47A, 47B, 56, 57, 61, 61A, 67, 81, 87A, 94A, 190A, 212, 223, 224, 225, 251D, 253
Post and Telegraph Act 1901 (Cth)
Telecommunications Act 1975 (Cth)
Telecommunications Act 1991 (Cth)
Telecommunications Act 1997 (Cth)
Ambulance Service Act 1991 (Qld)
Electricity Act 1994 (Qld)
Fire and Emergency Services Act 1990 (Qld)
Fisheries Act 1994 (Qld)
Forestry Act 1959 (Qld)
Land Act 1994 (Qld)
Local Government Regulations 2012 (Qld)
Marine Parks Act 2004 (Qld)
Mineral Resources Act 1989 (Qld)
Native Title Act (Queensland) Act 1993 (Qld) ss 18, 20, 21
Nature Conservation Act 1992 (Qld)
Navigation Act 2012 (Cth) s 190
Petroleum Act 1923 (Qld)
Petroleum and Gas (Production and Safety) Act 2004 (Qld)
Planning Act 2016 (Qld)
South East Queensland Water (Restructuring) Act 2007 (Qld)
Stock Route Management Act2002 (Qld)
Transport Infrastructure Act 1994 (Qld)
Water Act 2000 (Qld)
Water Supply (Safety and Reliability) Act 2008 (Qld)
Cases cited: Clancy on behalf of the Auburn Hawkwood People and State of Queensland [2019] FCA 1908
Kabi Kabi First Nation Traditional Owners Native Title Claim Group v State of Queensland [2023] FCA 615
Ross on behalf of the Cape York United #1 Claim Group v State of Queensland (No 2) (Kuuku Ya’u determination) [2021] FCA 1464
Western Bundjalung People v Attorney General of New South Wales [2017] FCA 992
Division: General Division Registry: Queensland National Practice Area: Native Title Number of paragraphs: 51 Date of last submissions: 29 May 2024 Date of hearing: 17 June 2024 Solicitor for the Applicants: Queensland South Native Title Services Solicitor for the First Respondent: Crown Law Solicitor for the Second Respondent: Australian Government Solicitor Solicitor for the Third, Fourth, Fifth, Sixth, Seventh, Eighth, Ninth, Tenth and Eleventh Respondents: Holding Redlich Solicitor for the Thirteenth Respondent: HopgoodGanim Lawyers ORDERS
QUD 20 of 2019 BETWEEN: MICHAEL DOUGLAS & ORS ON BEHALF OF THE KABI KABI FIRST NATIONAL TRADITIONAL OWNERS NATIVE TITLE CLAIM GROUP
Applicant
AND: STATE OF QUEENSLAND
First Respondent
COMMONWEALTH OF AUSTRALIA
Second Respondent
BUNDABERG REGIONAL COUNCIL (and others named in the Schedule)
Third Respondent
ORDER MADE BY:
COLLIER ACJ
DATE OF ORDER:
17 JUNE 2024
BEING SATISFIED that an order in the terms set out below is within the power of the Court, and it appearing appropriate to the Court to do so, pursuant to s 87A of the Native Title Act 1993 (Cth);
BY CONSENT THE COURT ORDERS THAT:
1.There be a determination of native title in the terms set out below (the determination).
2.The determination will take effect upon the agreement referred to in paragraph 1(a) of Schedule 2 being registered on the Register of Indigenous Land Use Agreements.
3.In the event that the agreement referred to in order 2 is not registered on the Register of Indigenous Land Use Agreements within seven (7) months of the date of this order or such later time as this Court may order, the matter is to be listed for further directions.
4.Each party to the proceedings is to bear its own costs.
BY CONSENT THE COURT DETERMINES THAT:
5.The determination area is the land and waters described in Schedule 4 and depicted in the map attached to Schedule 6 to the extent those areas are within the External Boundary and not otherwise excluded by the terms of Schedule 5 (the Determination Area). To the extent of any inconsistency between the written description and the map, the written description prevails.
6.Native title exists in the Determination Area.
7.The native title is held by the Kabi Kabi People described in Schedule 1 (the Native Title Holders).
8.Subject to orders 9, 10 and 11 below the nature and extent of the native title rights and interests in relation to the land and waters described in Schedule 4 are the non-exclusive rights to:
(a)access, be present on, move about on and travel over the area;
(b)camp on the area, and for that purpose, erect temporary shelters on the area;
(c)take resources of the area for any purpose;
(d)take and use the Water of the area for personal, domestic and non-commercial communal purposes (including cultural and spiritual purposes);
(e)participate in cultural activities on the area;
(f)be buried and bury Native Title Holders within the area;
(g)maintain places of importance and areas of significance to the Native Title Holders under their laws and customs and protect those places and areas from physical harm;
(h)teach on the area the physical and spiritual attributes of the area;
(i)hold meetings on the area; and
(j)light fires on the area for domestic purposes including cooking, but not for the purpose of hunting or clearing vegetation.
9.The native title rights and interests are subject to and exercisable in accordance with:
(a)the Laws of the State and the Commonwealth; and
(b)the traditional laws acknowledged and traditional customs observed by the Native Title Holders.
10.The native title rights and interests referred to in order 8 do not confer on the Native Title Holders:
(a)possession, occupation, use or enjoyment to the exclusion of all others;
(b)any right to access or take:
(i)minerals as defined in the Mineral Resources Act 1989 (Qld); or
(ii)petroleum as defined in the Petroleum Act 1923 (Qld) and the Petroleum and Gas (Production and Safety) Act 2004 (Qld).
11.There are no native title rights in or in relation to minerals as defined by the Mineral Resources Act 1989 (Qld) and petroleum as defined by the Petroleum Act 1923 (Qld) and the Petroleum and Gas (Production and Safety) Act 2004 (Qld).
12.The nature and extent of any other interests in relation to the Determination Area (or respective parts thereof) are set out in Schedule 2 (the Other Interests).
13.The relationship between the native title rights and interests described in order 8 and the Other Interests described in Schedule 2 is that:
(a)the Other Interests continue to have effect, and the rights conferred by or held under the Other Interests may be exercised notwithstanding the existence of the native title rights and interests;
(b)to the extent the Other Interests are inconsistent with the continued existence, enjoyment or exercise of the native title rights and interests in relation to the land and waters of the Determination Area, the native title continues to exist in its entirety but the native title rights and interests have no effect in relation to the Other Interests to the extent of the inconsistency for so long as the Other Interests exist; and
(c)the Other Interests and any activity that is required or permitted by or under, and done in accordance with, the Other Interests, or any activity that is associated with or incidental to such an activity, prevail over the native title rights and interests and any exercise of the native title rights and interests.
DEFINITIONS AND INTERPRETATION
14.In this determination, unless the contrary intention appears:
“External Boundary” means the area described in Schedule 3;
"High Water Mark" means the ordinary high-water mark at spring tides;
"land" and "waters", respectively, have the same meanings as in the Native Title Act 1993 (Cth);
"Laws of the State and the Commonwealth" means the common law and the laws of the State of Queensland and the Commonwealth of Australia, and includes legislation, regulations, statutory instruments, local planning instruments and local laws;
“Local Government Act” has the meaning given in the Local Government Act 2009 (Qld);
“Local Government Area” has the meaning given in the Local Government Act 2009 (Qld);
“Native Title Determination Application” means the Kabi Kabi People native title determination application accepted for filing on 8 November 2023 in QUD20 of 2019;
“Reserve” means a reserve dedicated or taken to be a reserve under the Land Act 1994 (Qld);
"Water" means:
(a) water which flows, whether permanently or intermittently, within a river, creek or stream;
(b) any natural collection of water, whether permanent or intermittent;
(c) water from an underground water source; and
(d) tidal water;
“Water Infrastructure” has the same meaning as:
(a) that phrase in the South-East Queensland Water (Distribution and Retail Restructuring) Act 2009 (Qld); and
(b) “service provider’s infrastructure” in the Water Supply (Safety and Reliability) Act 2008 (Qld); and
“Works” has the same meaning as in the Electricity Act 1994 (Qld).
Other words and expressions used in this determination have the same meanings as they have in Part 15 of the Native Title Act 1993 (Cth).
THE COURT DETERMINES THAT:
15.The native title is held in trust.
16.The Kabi Kabi Peoples Aboriginal Corporation (ICN: 8996), incorporated under the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Cth), is to:
(a)be the prescribed body corporate for the purpose of ss 56(2)(b) and 56(3) of the Native Title Act 1993 (Cth); and
(b)perform the functions mentioned in s 57(1) of the Native Title Act 1993 (Cth) after becoming a registered native title body corporate.
LIST OF SCHEDULES
Schedule 1 – Native Title Holders
Schedule 2 – Other Interests in the Determination Area
Schedule 3 – External Boundary
Schedule 4 – Description of Determination Area
Schedule 5 – Areas Not Forming Part of the Determination Area
Schedule 6 – Map of Determination Area
Schedule 7 – Map of Areas Partly Affected by Public WorksSchedule 1 – Native Title Holders
1.The native title holders are the Kabi Kabi People. The Kabi Kabi People are those people who are descendants of the following apical ancestors:
(a) Maggie Cadenti/Cadente/Cantidi: “Maggie”;
(b) George Parson;
(c) Albert Williams;
(d) Ngimburum;
(e) Kaloma-kuta/Galmaguda/Haloma-kuta/Kal-ma-kuta;
(f) Willie Kina;
(g) Susan Andy;
(h) Jacky Ball (or Baul);
(i) Maggie Cain/Caine;
(j) James Crow/Crowe;
(k) Maggie Palmer;
(l) Emma Dunne;
(m) William/Billy Glenbar;
(n) Annie Laurie;
(o) May Burnett;
(p) Tuppernywoe/"King" Tommy of Noosa;
(q) Dundalli;
(r) Sarah Di:naba Moreton;
(s) Marian/Mary Ann Thompson; or
(t) Towcha
and who identify as and are recognised as members of the Kabi Kabi People in accordance with the system of traditional laws and customs.
Schedule 2 – Other Interests in the Determination Area
The nature and extent of the other interests in relation to the Determination Area are the following as they exist as at the date of the determination:
1.The rights and interests of the parties under the following agreements lodged, or to be lodged, for registration on the Register of Indigenous Land Use Agreements:
(a) Kabi Kabi Peoples Tenure Resolution Indigenous Land Use Agreement between Michael Douglas, Helena Gulash, Cecilia Combo, Melissa Bond, Norman Bond, Kerry Jones and Brian Warner on their own behalf and on behalf of the Kabi Kabi People (the Native Title Parties), the Kabi Kabi Peoples Aboriginal Corporation (ICN 8996) (the PBC) and the State of Queensland, authorised on 12 August 2023 and signed by the Native Title Parties and the PBC on 10 May 2024 (Kabi Kabi People’s Tenure Resolution Indigenous Land Use Agreement).
2.The rights and interests of the parties under the following agreements registered on the Register of Indigenous Land Use Agreements:
(a)Traveston Crossing Dam ILUA registered on 14 April 2008;
(b)Wakka Wakka #2 and Tarong ILUA registered on 8 September 2009;
(c)Yurol and Ringtail ILUA registered on 27 August 2021 and;
(d)Cooloola Great Walk Ecotourism Project ILUA registered on 16 May 2023.
3.The rights and interests of the holders of water allocations granted pursuant to the Water Act 2000 (Qld).
4.The rights and interests of the holders of pipeline licence PPL60 granted pursuant to the Petroleum Act 1923 (Qld) and administered under the Petroleum and Gas (Production and Safety) Act 2004 (Qld).
5.The rights and interests of Telstra Corporation Limited ACN 051 775 556, Amplitel Pty Ltd as trustee of the Towers Business Operating Trust (ABN 75 357 171 746) and any of their successors in title:
(a)as the owners or operators of telecommunications facilities within the Determination Area;
(b)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:
(i) to inspect land;
(ii) to install, occupy and operate telecommunication facilities; and
(iii) to alter, remove, replace, maintain, repair and ensure the proper functioning of its telecommunications facilities;
(c)for their employees, agents or contractors to access their telecommunication facilities in and in the vicinity of the Determination Area in the performance of their duties; and
(d)under any lease, licence, access agreement, permit or easement relating to their telecommunications facilities in the Determination Area.
6.The rights and interests of Energex Limited ABN 40 078 849 055:
(a)as the owner and operator of any Works within the Determination Area;
(b)as an electricity entity under the Electricity Act 1994 (Qld), including but not limited to:
(i) as the holder of a distribution authority;
(ii) to inspect, maintain and manage any Works in the Determination Area; and
(iii) in relation to any agreement or consent relating to the Determination Area existing or entered into before the date these orders are made; and
(c)to enter the Determination Area by its employees, agents or contractors to exercise any of the rights and interests referred to in this clause.
7.The rights and interests of Ergon Energy Corporation Limited ACN 087 646 062:
(a)as the owner and operator of any Works within the Determination Area;
(b)as an electricity entity under the Electricity Act 1994 (Qld), including but not limited to:
(i) as the holder of a distribution authority;
(ii) to inspect, maintain or manage any Works in the Determination Area; and
(iii) in relation to any agreement or consent relating to the Determination Area existing or entered into before the date these orders are made; and
(c)to enter the Determination Area by its employees, agents or contractors to exercise any of the rights and interests referred to in this clause.
8.The rights and interests of Moreton Bay Regional Council, Noosa Shire Council, Sunshine Coast Regional Council, Somerset Regional Council, Bundaberg Regional Council, Fraser Coast Regional Council and Gympie Regional Council (Councils):
(a)under their local government jurisdiction and functions under the Local Government Act, under the Stock Route Management Act2002 (Qld) and under any other legislation, for that part of the Determination Area within the area declared to be their respective Local Government Areas under the Local Government Regulations 2012 (Qld);
(b)as the:
(i) lessor under any leases which were validly entered into before the date on which these orders are made and whether separately particularised in these orders or not;
(ii) grantor of any licences or other rights and interests which were validly granted before the date on which these orders were made and whether separately particularised in these orders or not; and
(iii) holder of any estate or any other interest in land, including as trustee of any Reserves, under access agreements and easements that exist in the Determination Area;
(c)as the owner and operator of infrastructure, structures, earthworks, access works and any other facilities and other improvements located in the Determination Area validly constructed or established on or before the date on which these orders are made, including but not limited to:
(i) undedicated but constructed roads except for those not operated by Councils;
(ii) water pipelines and water supply infrastructure;
(iii) drainage facilities;
(iv) watering point facilities;
(v) recreational facilities;
(vi) transport facilities; and
(vii) community facilities; and
(d)to enter the land for the purposes described in paragraphs 8(a), 8(b) or 8(c) above by their employees, agents or contractors to:
(i) exercise any of the rights and interests referred to in this paragraph or paragraph 9 below;
(ii) use, operate, inspect, maintain, replace, restore and repair the infrastructure, facilities and other improvements referred to in paragraph 8(c) above; and
(iii) undertake operational activities in its capacity as a local government such as feral animal control, weed control, erosion control, waste management and fire management.
9.The rights and interests of the State of Queensland and the Bundaberg Regional Council, Fraser Coast Regional Council, Gympie Regional Council, Moreton Bay Regional Council, Noosa Shire Council, Somerset Regional Council and Sunshine Coast Regional Council to access, use, operate, maintain and control the dedicated roads in the Determination Area and the rights and interests of the public to use and access the roads.
10.The rights and interests of the Australian Maritime Safety Authority as the owner, manager, or operator of aids to navigation pursuant to s 190 of the Navigation Act 2012 (Cth), and in performing the functions of the Authority under s 6(1) of the Australian Maritime Safety Authority Act 1990 (Cth) including to be a national safety regulator, to combat pollution in the marine environment and to provide a search and rescue service.
11.The rights and interests of Australian Gas Networks (Qld) Pty Ltd under Permit to Occupy 0/215701 over Lot 1 on AP4993, Title Reference 40028824.
12.The rights and interests of Northern SEQ Distributor-Retailer Authority trading as Unitywater:
(a) as the:
(i) owner and operator of Water Infrastructure within the Determination Area;
(ii) “Northern SEQ Distributor-Retailer Authority” and “Service Provider” under the South-East Queensland Water (Distribution and Retail Restructuring) Act 2009 (Qld); and
(iii) “Service Provider” under the Water Supply (Safety and Reliability) Act 2008 (Qld);
(b)including rights to inspect, operate, change, maintain, remove, repair, replace or install Water Infrastructure located in the Determination Area;
(c)including rights for its employees, agents or contractors to enter the Determination Area in the performance of their duties; and
(d)under any lease, licence, access agreement, permit or easement relating to its Water Infrastructure in the Determination Area.
13.The rights and interests of Queensland Bulk Water Supply Authority trading as Seqwater:
(a)under the Water Supply (Safety and Reliability) Act 2008 (Qld) including for access, installation, inspection, operation, maintenance, removal, repair, or replacement of infrastructure within the Determination Area;
(b)under the South East Queensland Water (Restructuring) Act 2007 (Qld) including carrying out, supplying and developing water activities, water services, and ancillary activities within the Determination Area;
(c)as the:
(i) lessor under any leases which were validly entered into before the date on which these orders are made and whether separately particularised in these orders or not;
(ii) grantor of any licences or other rights and interests which were validly granted before the date on which these orders were made and whether separately particularised in these orders or not; and
(iii) holder of any estate or any other interest in land, including as trustee of any Reserves, under access agreements and easements that exist in the Determination Area;
(d)as the owner and operator of infrastructure, structures, earthworks, access works and any other facilities and other improvements located in the Determination Area validly constructed or established on or before the date on which these orders are made, including but not limited to:
(i)dams and dam infrastructure;
(ii)water pipelines and water supply infrastructure;
(iii)water treatment plants;
(iv)water pump stations;
(v)reservoirs;
(vi)irrigation channels;
(vii)weirs; and
(viii)water quality facilities including alert stations and irrigation meters;
(e)to enter the land for the purposes described in paragraphs 13(a), 13(b), 13(c) and 13(d) above by their employees, agents or contractors to:
(i)exercise any of the rights and interests referred to in this paragraph; and
(ii)use, operate, inspect, maintain, replace, restore and repair the infrastructure, facilities and other improvements referred to in paragraph 13(d) above; and
(f)under the following Permits to Occupy:
(i)Occupation Permit No. 2308 granted in accordance with the Forestry Act 1959 (Qld);
(ii)Occupation Permit No. 2793 granted in accordance with the Forestry Act 1959 (Qld); and
(iii)Occupation Permit No. 3029 granted in accordance with the Forestry Act 1959 (Qld).
14.The rights and interests of the State of Queensland in Reserves, the rights and interests of the trustees of those Reserves and the rights and interests of the persons entitled to access and use those Reserves for the respective purpose for which they are reserved.
15.The rights and interests of the State of Queensland or any other person existing by reason of the force and operation of the laws of the State of Queensland, including those existing by reason of the following legislation or any regulation, statutory instrument, declaration, plan, authority, permit, lease or licence made, granted, issued or entered into under that legislation:
(a)the Fisheries Act 1994 (Qld);
(b)the Land Act 1994 (Qld);
(c)the Nature Conservation Act 1992 (Qld);
(d)the Forestry Act 1959 (Qld);
(e)the Water Act 2000 (Qld);
(f)the Petroleum Act 1923 (Qld) or Petroleum and Gas (Production and Safety) Act 2004 (Qld);
(g)the Mineral Resources Act 1989 (Qld);
(h)the Planning Act 2016 (Qld);
(i)the Transport Infrastructure Act 1994 (Qld);
(j)the Fire and Emergency Services Act 1990 (Qld) or Ambulance Service Act 1991 (Qld); and
(k)the Marine Parks Act 2004 (Qld).
16.The rights and interests of members of the public arising under the common law, including but not limited to the following:
(a)any subsisting public right to fish; and
(b)the public right to navigate.
17.So far as confirmed pursuant to s 212(2) of the Native Title Act 1993 (Cth) and s 18 of the Native Title Act (Queensland) Act 1993 (Qld) as at the date of this Determination, any existing rights of the public to access and enjoy the following places in the Determination Area:
(a)waterways;
(b)beds and banks or foreshores of waterways;
(c)coastal waters;
(d)beaches;
(e)stock routes; and
(f)areas that were public places at the end of 31 December 1993.
18.Any other rights and interests:
(a)held by the State of Queensland or Commonwealth of Australia; or
(b)existing by reason of the force and operation of the Laws of the State and the Commonwealth.
Schedule 3 – External Boundary
The area of land and waters:
commencing at the intersection of the northern boundary of Berries Road and southern bank of Oaky Creek (Edward Creek) and extending generally northerly and generally north-easterly along southern banks of that creek, and southern banks of Isis River to the western bank of the Burrum River; then easterly to the eastern bank of that river at Latitude 25.212232° South; then generally southerly along banks of that river to Latitude 25.221740° South; then south-westerly to the centreline of Cherwell River at its mouth; then generally south-westerly along the centreline of that river (passing to the north of Lot 20 on CK3227) to Latitude 25.235245° South; then generally south-westerly and generally south-easterly passing through the following co-ordinate points:
Longitude ° (East) Latitude ° (South) 152.524182 25.264640 152.507026 25.316109 152.502329 25.332243 152.496610 25.351442 152.493547 25.369006 152.493138 25.377789 152.492934 25.385754 152.496406 25.422108 152.498857 25.435588 152.503555 25.446412 152.511316 25.453969 152.521732 25.459688 152.537255 25.463568 152.547671 25.471329 152.556453 25.476231 152.597097 25.491957 152.627528 25.497471 152.637127 25.500126 152.641621 25.502985 152.647544 25.508500 152.648987 25.510692
Then southerly to the southern bank of the Mary River, west of Maryborough, at Longitude 152.648966° East; then generally southerly along banks of that river to the centreline of Gutchy Creek; then northerly to the centreline of the Mary River at Longitude 152.520670° East, Latitude 25.768908° South; then generally westerly and generally southerly along the centreline of that river (passing to the east of Lot 62 on USL43380) to Latitude 26.069738° South, then generally easterly, generally south-easterly, generally north-westerly and generally easterly to a point on the Lowest Astronomical Tide at Latitude 26.016775° South passing through the following coordinate points:
Longitude ° (East) Latitude ° (South) 152.540728 26.070082 152.551252 26.068777 152.561681 26.066420 152.572600 26.062148 152.582951 26.058149 152.594555 26.050710 152.605640 26.045363 152.616250 26.040176 152.626855 26.034072 152.637767 26.028579 152.647344 26.025203 152.656885 26.022781 152.670609 26.020952 152.687551 26.022015 152.697621 26.024310 152.710867 26.027329 152.719390 26.029702 152.729950 26.032643 152.739623 26.034682 152.750286 26.039260 152.758524 26.045058 152.768275 26.049636 152.778490 26.056077 152.786275 26.062148 152.795779 26.069840 152.802408 26.075910 152.810093 26.082594 152.816575 26.089550 152.824509 26.097473 152.830175 26.103132 152.839408 26.112352 152.845302 26.118237 152.853244 26.126168 152.859529 26.133404 152.867091 26.142110 152.874534 26.150111 152.880932 26.156989 152.887975 26.164442 152.895990 26.172924 152.902370 26.179376 152.912186 26.189098 152.921646 26.196117 152.931716 26.203441 152.942072 26.207408 152.948144 26.206187 152.952994 26.203746 152.958738 26.197948 152.962658 26.192150 152.964440 26.184520 152.965296 26.174145 152.965262 26.167736 152.963073 26.156445 152.960303 26.150036 152.954480 26.141186 152.947133 26.131421 152.937967 26.122571 152.928801 26.113721 152.917500 26.103651 152.907731 26.095716 152.900462 26.088024 152.892446 26.079542 152.887240 26.072218 152.881716 26.062453 152.881446 26.056024 152.887709 26.046584 152.894669 26.040786 152.904972 26.034988 152.920140 26.029495 152.930892 26.025591 152.942900 26.022781 152.953825 26.019729 152.969307 26.016067 152.981460 26.015152 152.991310 26.014575 153.001796 26.014048 153.012475 26.013512 153.022496 26.012597 153.034629 26.011184 153.047701 26.011490 153.064120 26.012710 153.076282 26.013321 153.089051 26.013931 153.101821 26.014847 153.116412 26.015152 153.127356 26.015457 153.140429 26.016067
Then generally southerly along the Lowest Astronomical Tide to Pumicestone Channel; then south westerly across that Channel to the lowest astronomical tide of the northern coastline of Bribie Island; then generally southerly and generally westerly again along that lowest astronomical tide to the southern end of Pumicestone Channel; then north-westerly across that channel to its intersection with the Lowest Astronomical Tide and onwards to the High Water Mark of the mainland at Sandstone Point at Latitude 27.085939° South; then generally north easterly and generally north westerly along the High Water Mark of Pumicestone Channel, across Ningi Creek, to the southern bank of Elimbah Creek; then southerly to a boundary of Elimbah Creek Catchment Area at Longitude 153.084552° East, Latitude 27.030730° South; then generally southerly and generally westerly along boundaries of that catchment to Longitude 152.961443° East; then generally south westerly passing through the following coordinate points:
Longitude ° (East) Latitude ° (South) 152.953269 27.038824 152.948284 27.040590 152.946461 27.041499 152.943437 27.042164 152.940410 27.044176 152.938143 27.044170 152.933606 27.045504 152.928314 27.046835 152.924535 27.047497 152.922266 27.048163 152.919034 27.048236
Then westerly to a point on the western boundary of Easement A on RP105208 at Latitude 27.048578° South, a point on the eastern external boundary of Native Title Determination QUD6128/98 Jinibara People (QC98/45); then generally northerly, generally south westerly, generally southerly and generally westerly along eastern and northern external boundaries of that native title determination to a point in Lot 7 on AP23765, a point on the northern boundary of former Lot 2 on AP19208 at Longitude 152.476410° East, further described as:
Generally northerly along western boundaries of A on RP105208, B RP105540, A RP105540, B RP169368, A RP104615, A RP104616, A RP104618, A RP104360 A RP104355 and A RP104359 to a southern boundary of Alcock Road; then northerly to the southernmost south-west corner of Lot 15 RP843783, being a northern boundary of Alcock Road; then generally easterly, generally north-easterly, generally northerly and generally north-westerly along boundaries of that road, western boundaries Old Gympie Road, Beerburrum Woodford Road, again Old Gympie Road and Paper Road to the eastern boundary of Mount Mellum Road; then north-easterly to the southern bank of the Mooloolah River at Longitude 152.956365° East; then generally westerly along the southern banks of that river to Longitude 152.918070° East; then generally northerly passing through the following co-ordinate points:
Longitude °
(East)Latitude °
(South)152.918040 26.751710 152.916245 26.748397 152.916522 26.736780 152.916522 26.718249 152.914171 26.705526 152.913756 26.700409 152.913894 26.696952 152.911405 26.686718 152.910022 26.680356 152.905043 26.673165 152.902277 26.664176 152.902001 26.663485 152.899605 26.656017 152.899512 26.650762 152.900341 26.645783 152.903384 26.639007 152.906288 26.635411 152.906979 26.630156 152.908224 26.626975 152.918596 26.617295 152.930489 26.601806 152.934223 26.594477 152.937542 26.587839 152.940723 26.582030 152.941553 26.577743 152.942244 26.572488 152.941691 26.566403 152.939340 26.561978 152.936989 26.557414 152.934223 26.550776 152.933532 26.547595 152.933670 26.546074 152.934361 26.545106 152.935468 26.542478 152.938233 26.539436 152.940584 26.537915 152.945840 26.532245 Then northerly to the western boundary of Bunya Road at Latitude 26.517695° South; then generally north-westerly and generally southerly along southern boundaries of that road, Gold Creek Road, Browns Creek Road and eastern boundaries of Anderson Road to its southernmost eastern corner; then generally southerly to a point on the northern boundary of Lot 1239 on NPW1105 at Longitude 152.887569° East passing through the following co-ordinate point:
Longitude ° (East) Latitude ° (South) 152.887757 26.494490
Then westerly, generally southerly, again westerly and again generally southerly along northern and western boundaries of Lot 1239 on NPW1105, western boundary of Lot 2 on AP19232, western boundary of Lot 1239 on NPW1106, again northern boundaries of Lot 1239 on NPW1105, northern boundaries of Lot 2 on AP19232 and again Lot 1239 on NPW1105, northern and western boundaries of again Lot 2 on AP19232 to the northern boundary of Buckby Road; then generally south-easterly, generally southerly and generally westerly along southern, western and northern boundaries of again Lot 1239 on NPW1105 and western and northern boundaries of Lot 4 on AP19232 to a corner on the eastern boundary of Naranga Road at Longitude 152.836465° East, Latitude 26.522126° South; then south-westerly to again a corner of Lot 1239 on NPW1105 at Longitude 152.816277° East; then westerly, generally south-westerly, southerly and generally easterly along northern and western boundaries that lot, northern boundaries Lot 1 on AP19232 and western and southern boundaries of again Lot 1239 on NPW1105 to Longitude 152.797163° East; then southerly to a corner of the western boundary of Kidaman Creek Road at Latitude 26.654626° South passing through coordinate point:
Longitude ° (East) Latitude ° (South) 152.795978 26.621352
Then generally southerly along western boundaries of Kidaman Creek Road, Suicide Road, again Kidaman Creek Road and Curramore Road to an intersection with Maleny Kenilworth Road; then generally westerly along northern boundaries of that road to intersect the eastern bank of the Mary River; then generally westerly passing through the following coordinate points:
Longitude ° (East) Latitude ° (South) 152.713548 26.728587 152.660839 26.729212 152.641728 26.730950 152.619799 26.734666
Then westerly to a point in Lot 7 on AP23765, a corner on an eastern boundary of former Lot 102 on NPW746 at Longitude 152.598821° East, Latitude 26.740418° South; then generally south westerly along southern boundaries of that former lot to its intersection with the northern boundary of Mt Kilcoy Road; then westerly along the northern boundary of that road to Longitude 152.566192° East; then generally westerly passing through Lot 7 on AP23765 along the northern boundaries of an unnamed track (Jimna Bellthorpe Road), and northern boundaries of former Lot 2 on AP19208 to Longitude 152.476410° East, being a point on the external boundary of Native Title Determination QUD6128/1998 Jinibara People.
Then northerly to the western boundaries of the Mary River Catchment Area at Latitude 26.719721° South and generally north-westerly along western boundaries of that catchment to Longitude 152.425480° East; then generally westerly and generally north-westerly passing through the following co-ordinate points:
Longitude ° (East) Latitude ° (South) 152.417561 26.656021 152.406348 26.656821 152.398339 26.657222 152.389530 26.658423 152.381121 26.658823 152.371910 26.659624 152.366705 26.660425 152.359096 26.660825 152.351236 26.660930 152.343731 26.660880 152.336235 26.659713 152.328721 26.658535 152.323702 26.657370 152.317424 26.656192 152.312348 26.656117 152.308507 26.654920 152.302093 26.653668 152.297129 26.651410 152.292192 26.650290 152.284698 26.647999 152.275454 26.644307 152.274173 26.644283 152.246122 26.624053 152.236321 26.610710 152.226421 26.606219 152.216577 26.599510 152.201827 26.588338 152.194518 26.577218 152.137699 26.539723 Then north westerly to a corner on a western boundary of the Somerset Regional Council at Latitude 26.537032° South, then generally northerly and generally easterly along boundaries of that regional council to a corner at Longitude 152.370763° East; then north-easterly to again a point on the boundary of the Mary River Catchment Area at Longitude 152.370974° East, Latitude 26.461615° South and generally north-easterly, generally north-westerly, generally northerly and again generally north-easterly along boundaries of that catchment area to its intersection with the southern boundary of the Fraser Coast Regional Council; then generally northerly, generally westerly, generally north-westerly and generally north-easterly along boundaries of that regional council to its intersection with the southern boundary of the Bundaberg Regional Council; then northerly and generally north-easterly along boundaries of that regional council back to the commencement point.
In addition, the Determination Area includes Mudjimba Island (Part Lot 509 on NPW594):
The determination area does not include any land and waters within the external boundaries subject to:
·Native Title Determination QUD6128/1998 Jinibara People as determined by the Federal Court 20 November 2012.
·Native Title Determination QUD460/2018 - Butchulla Land & Sea Claim #2 as determined by the Federal Court 13 December 2019.
·Native Title Determination QUD276/2019 - Wakka Wakka People #3 (Part A & B) as determined by the Federal Court 12 April 2022.
·Native Title Determination QUD277/2019 - Wakka Wakka People #4 (Part A) as determined by the Federal Court 12 April 2022.
Note:
Data Reference and source·Determination external boundary complied Queensland South Native Title Services, based in part on spatial data sourced from Commonwealth of Australia, NNTT (March 2023).
·Cadastral data sourced from State of Queensland, Department of Natural Resources (March 2023).
·Lowest Astronomical Tide double Island Point to Caloundra Head based on Australian Maritime Boundaries (AMBIS) 2001, sourced from Commonwealth of Australia, Geoscience Australia.
·Lowest Astronomical Tide Caloundra Head to Point Clontarf based in part on data sourced from State of Queensland, Maritime Safety, Department of Transport and Main Roads (September 2018).
·Local Government Authority boundaries sourced from State of Queensland, Department of Natural Resources (March 2023).
·Location of Mount Bauple sourced from Queensland Place Names Gazetteer.
·Oaky Creek (Edward Creek) alignment taken from Watercourse lines - North East Coast drainage division 1:25,000 dataset from State of Queensland, Department of Natural Resources (5 May 2015).
·Unnamed track – Jimna Bellthorpe Road sourced from Queensland Baseline roads and tracks Department of Resources (June 2021).
·Tracks in part as described through Forest Reserve and State Forest and Oaky Creek taken from 1:100,000 scale Geoscience Australia Map Series.
·Roads, Tracks, Rivers and Creeks where possible are based on cadastral data sourced from State of Queensland, Department of Natural Resources (September 2018). Elsewhere, rivers and creeks based 1:250,000 topographic vector data © Commonwealth of Australia (Geoscience Australia) 2008.
·Catchment boundaries sourced from Drainage basin sub areas – Queensland, sourced from State of Queensland, Department of Natural Resources (June 2020).
Reference datum
Geographical coordinates are referenced to the Geocentric Datum of Australia 1994 (GDA94), in decimal degrees and are based on the spatial reference data acquired from the various custodians at the time.
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 to the custodians of cadastral and topographic 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.
Prepared by Queensland South Native Title Services (September 2023).
Schedule 4 – Description of Determination Area
The determination area comprises all of the land and waters described by lots on plan, or relevant parts thereof, and any rivers, streams, creeks, lakes or tidal waters described in the first column of the table immediately below, and depicted in the maps in Schedule 6, to the extent those areas are within the External Boundary and not otherwise excluded by the terms of Schedule 5.
Non-Exclusive Areas
All of the land and waters described in the following table and depicted in light blue on the determination map contained in Schedule 6:
Area description (current as at 13 March 2023)
Determination Map Sheet Reference
Notes
Lot 1 on Plan AP2739
66
Lot 1 on Plan AP2768
73
Lot 1 on Plan AP3835
37
Lot 1 on Plan AP3844
2
Lot 2 on Plan AP3844
2, 3
Lot 2 on Plan AP4099
131
*
Lot 1 on Plan AP4993
2
Lot 33 on Plan AP6114
103
Lot 1 on Plan AP6562
79
Lot 1 on Plan AP8129
144
*
Lot 1 on Plan AP8130
144
Lot 1 on Plan AP8132
142
Lot 1 on Plan AP8133
141, 142
*
Lot 1 on Plan AP11931
66
That part of Lot 1 on Plan AP14620 excluding former Portion 135v on Plan C311382
119
Lot 2 on Plan AP14620
119
Lot 3 on Plan AP14620
119
Lot 3 on Plan AP14626
12
Lot 59 on Plan AP15500
2
Lot 1 on Plan AP15565
152
Lot 435 on Plan AP15596
197
Lot 452 on Plan AP15708
74
*
Lot 224 on Plan AP15722
64, 65
*
Lot 3 on Plan AP15794
35
*
Lot 12 on Plan AP15866
152
Lot 3 on Plan AP15868
207
Lot 2 on Plan AP15894
216
*
Lot 1 on Plan AP15917
2
Lot 1 on Plan AP15918
7
Lot 2 on Plan AP15918
7
Lot 1 on Plan AP15937
116
Lot 2 on Plan AP15937
116
Lot 7 on Plan AP16213
213
Lot 2 on Plan AP16412
56
Lot 2 on Plan AP16779
2
Lot 42 on Plan AP17184
205, 213
*
Lot 304 on Plan AP17220
86
Lot 305 on Plan AP17220
86
Lot 309 on Plan AP17220
86
Lot 310 on Plan AP17220
86
Lot 311 on Plan AP17220
86
Lot 11 on Plan AP17231
174
Lot 12 on Plan AP17231
174
Lot 13 on Plan AP17231
174
Lot 77 on Plan AP17232
216
*
Lot 150 on Plan AP17916
9
Lot 34 on Plan AP17920
34
Lot 480 on Plan AP17921
27
Lot 1 on Plan AP19201
87, 88, 89
Lot 1 on Plan AP19204
96
Lot 1 on Plan AP19210
172
Lot 1 on Plan AP19217
59, 80, 83
Lot 2 on Plan AP19217
80
Lot 3 on Plan AP19217
76
Lot 2 on Plan AP19219
173
Lot 2 on Plan AP19221
201
Lot 3 on Plan AP19221
197
Lot 1 on Plan AP19296
94, 95
Lot 1 on Plan AP19297
94, 96, 102, 103
Lot 1 on Plan AP19386
156
Lot 792 on Plan AP19386
162
Lot 2 on Plan AP19777
66
Lot 2 on Plan AP21166
216
*
Lot 1 on Plan AP21297
12
Lot 2 on Plan AP22145
181
Lot 39 on Plan AP22145
178
Lot 130 on Plan AP22150
46
Lot 108 on Plan AP22152
66
Lot 4 on Plan AP22153
64
Lot 11 on Plan AP22157
2
Lot 14 on Plan AP22157
2
Lot 26 on Plan AP22157
2
Lot 2 on Plan AP22158
2, 3
Lot 99 on Plan AP22160
66
Lot 1 on Plan AP22457
168, 176
Lot 2 on Plan AP22457
190
That part of Lot 561 on Plan AP22457 excluding former Portion 18 on Plan C31393, former Portion 75 on Plan CG635, former Portions 131 to 133 on Plan CG155, former Portion 270 on Plan CG999 and former Portion 364 on Plan CG887
173, 175, 176, 189, 190, 195, 196, 197, 198, 205
Lot 2 on Plan AP22458
176, 189, 190
Lot 3 on Plan AP22458
190
Lot 4 on Plan AP22458
190
Lot 112 on Plan AP22458
176, 184
Lot 561 on Plan AP22458
176, 190
Lot 632 on Plan AP22460
25
Lot 1 on Plan AP22462
176
Lot 2 on Plan AP22462
205
Lot 3 on Plan AP22462
205
That part of Lot 4 on Plan AP22462 excluding former Portion 17 on Plan CG1285, former Portion 49 on Plan CG2155, former Portion 42 on Plan D13 and former Portion 26 on Plan M115111
205, 210, 213, 216
Lot 10 on Plan AP22462
176
Lot 49 on Plan AP22462
205
That part of Lot 105 on Plan AP22462 excluding former Portion 26 on Plan M115111, former Portion 49 on Plan CG2155, former Portion 49 on Plan CG3485 and areas of former Roads (Esplanades) on Plan CG2155
176, 192, 205, 206, 209, 210
Lot 120 on Plan AP22462
205
Lot 2 on Plan AP22476
205
Lot 24 on Plan AP22476
205
Lot 25 on Plan AP22476
205
Lot 28 on Plan AP22476
205
Lot 128 on Plan AP22476
205
Lot 611 on Plan AP22476
205
That part of Lot 2 on Plan AP22502 excluding an area of former Road delineated by stations 66-51-52-54-56-57-55-53-66 on Plan MCH793
80, 119
That part of Lot 3 on Plan AP22502 excluding former Portions 138v and 139v on Plan M371223
80, 119
That part of Lot 4 on Plan AP22502 excluding an area of former Road delineated by stations 132-131-130-46-43-44-48-42-41-40-39-38-37-30-32-34-18-16-14-12-10-11-13-15-17-36-35-33-31-29-28-27-26-25-49-bounded on the south west by North Coast Railway-132 on Plan MCH792
80, 119, 121, 122
Lot 6 on Plan AP22503
85
Lot 7 on Plan AP22503
85
Lot 8 on Plan AP22503
80, 85
Lot 9 on Plan AP22503
80
Lot 10 on Plan AP22503
80
Lot 11 on Plan AP22503
80, 85
Lot 12 on Plan AP22503
85
Lot 1 on Plan AP22557
33
Lot 27 on Plan AP22929
65, 66
Lot 45 on Plan AP22930
65
Lot 39 on Plan AP22935
73
Lot 80 on Plan AP22936
70
Lot 11 on Plan AP22937
66
Lot 170 on Plan AP22938
66
Lot 38 on Plan AP22939
207
Lot 12 on Plan AP22940
66
Lot 184 on Plan AP22941
53
Lot 185 on Plan AP22941
53
Lot 192 on Plan AP22942
59
Lot 6 on Plan AP22944
27
*
Lot 151 on Plan AP22945
31
Lot 18 on Plan AP22947
32
Lot 63 on Plan AP22949
213
Lot 24 on Plan AP22950
213
*
Lot 16 on Plan AP22951
205
Lot 46 on Plan AP22952
213
*
Lot 134 on Plan AP22953
216
*
Lot 35 on Plan AP22962
165
Lot 21 on Plan AP22963
176, 178
Lot 77 on Plan AP22963
178
Lot 5 on Plan AP22964
170
Lot 21 on Plan AP22965
145
*
Lot 119 on Plan AP23016
145
*
Lot 9 on Plan AP23017
142
*
Lot 98 on Plan AP23018
139
Lot 54 on Plan AP23019
83
Lot 25 on Plan AP23020
83
Lot 35 on Plan AP23020
83
Lot 45 on Plan AP23021
82
Lot 29 on Plan AP23022
10
Lot 220 on Plan AP23023
209
Lot 81 on Plan AP23024
59
Lot 99 on Plan AP23025
66
Lot 1 on Plan AP23628
104
Lot 3 on Plan AP23628
104
Lot 4 on Plan AP23628
104, 107
Lot 5 on Plan AP23628
107
Lot 6 on Plan AP23628
110
Lot 9 on Plan AP23628
166
Lot 10 on Plan AP23628
166
Lot 11 on Plan AP23628
166
Lot 12 on Plan AP23628
166
Lot 13 on Plan AP23628
166
Lot 14 on Plan AP23628
166
Lot 15 on Plan AP23628
161
Lot 16 on Plan AP23628
161
Lot 17 on Plan AP23628
166
Lot 18 on Plan AP23628
163
Lot 19 on Plan AP23628
163
Lot 20 on Plan AP23628
163
Lot 21 on Plan AP23628
163
Lot 22 on Plan AP23628
163
Lot 23 on Plan AP23628
163
Lot 24 on Plan AP23628
163
Lot 25 on Plan AP23628
163
Lot 26 on Plan AP23628
163
Lot 28 on Plan AP23628
163
Lot 33 on Plan AP23628
166
Lot 34 on Plan AP23628
166
Lot 35 on Plan AP23628
161
Lot 1 on Plan AP23630
80
Lot 2 on Plan AP23630
80, 119
That part of Lot 3 on Plan AP23630 excluding former Portion 32 on Plan MCH604, former Portion 36 on Plan MCH468, former Portion 38 on Plan MCH467, former Portion 44 on Plan MCH605, former Portion 107 on Plan MCH692, former Portion 108 on Plan MCH930, former Portion 126 on Plan MCH816, former Portion 167v on Plan M371157, former Portion 1355 on Plan M37682, former Portion 1305 on Plan M37597, an area of former Road as delineated by stations 47-45-43-41-39-37-35-33-31-29-27-25-23-21-19-18-71a-71-70-20-22-24-26-28-30-32-34-36-38-40-42-44-46-73-47 on Plan MCH468, an area of former Road delineated by stations 39-40-42-44-46-48-57-49-47-45-43-41-39 on Plan MCH604, an area of former Road as delineated by stations 1-2-3-4-3b-1b-1 on Plan MCH1437, an area of former Road identified and delineated by stations 32-9-12 on Plan MCH692 then to a point on the northern boundary of former Portion 150 on Plan C311682 then directly east to the western boundary of former Portion 107 on Plan MCH692 then by stations 11-10-7-2-32 on Plan MCH692 and an area of former Road as delineated by stations 8-9-33-25-27-30-31-32-8 on Plan MCH930
119, 131
That part of Lot 1 on Plan AP23631 excluding former Portions 21V and 22V on Plan C311151 and former Portion 49 on Plan CG1070
197, 200, 201, 202, 205
Lot 2 on Plan AP23631
197, 201
That part of Lot 3 on Plan AP23631 excluding former Portion 21V on Plan C311151
202
Lot 24 on Plan AP23631
205
That part of Lot 5 on Plan AP23639 excluding former Portion 64v on Plan M371145, an area of former Road as delineated by stations 35-36-17-15-13-11-10-12-14-16-18-35 on Plan MCH792 and an area of former Road as delineated by stations 11-135-139-138-137-136-98-99-92-147-148-149-150-11 on Plan MCH793
121
That part of Lot 6 on Plan AP23639 excluding former Portion 161 on Plan MCH792 and an area of former Road as delineated by stations 49-25-26-27-28-37-bounded on the south west by North Coast Railway-49 on Plan MCH792
122
That part of Lot 8 on Plan AP23639 excluding former Portion 64v on Plan M371145, former Portion 161 on Plan MCH792 and former Road delineated by stations 66-51-52-54-56-57-55-53-66 and delineated by stations 11-135-139-138-137-136-98-99-92-147-148-149-150-11 on Plan MCH793 and delineated by stations 28-37-30-32-34-18-16-14-12-10-11-13-15-17-36-35-33-31-29-28 on Plan MCH792
80, 119, 122
That part of Lot 9 on Plan AP23639 excluding former Portion 161 on Plan MCH792, former Portion 139v on Plan M371223 and former Road delineated by stations 132-131-130-46-43-44-48-42-41-40-39-38-37-bounded on the south by North Coast Railway-132 on Plan MCH792
122
That part of Lot 10 on Plan AP23639 excluding former Portion 139v on Plan M371223
122
Lot 1 on Plan AP23640
80
Lot 2 on Plan AP23640
80
Lot 3 on Plan AP23640
86
Lot 4 on Plan AP23640
80
Lot 13 on Plan AP23640
80, 85
That part of Lot 1004 on Plan AP23646 excluding former Portion 1079 on Plan M37473
41, 80, 90
Lot 1 on Plan AP23653
80, 86
Lot 2 on Plan AP23653
80, 85
Lot 3 on Plan AP23653
80, 85
Lot 5 on Plan AP23653
80, 85
Lot 1 on Plan AP23654
80
Lot 5 on Plan AP23654
80, 119
Lot 216 on Plan AP23760
45
Lot 217 on Plan AP23760
45
That part of Lot 218 on Plan AP23760 formerly subject to Lot 218 on Plan NPW963
45
Lot 219 on Plan AP23760
45
Lot 220 on Plan AP23760
27, 45
Lot 221 on Plan AP23760
27, 45
Lot 222 on Plan AP23760
45
Lot 223 on Plan AP23760
45
Lot 2 on Plan AP23765
104
Lot 3 on Plan AP23765
104
Lot 4 on Plan AP23765
104
Lot 5 on Plan AP23765
108
Lot 6 on Plan AP23765
104
That part of Lot 7 on Plan AP23765 excluding former Portion 344 on Plan L37245, former Portion 58 on Plan LX1762, former Portion 86 on Plan LX1585 and an area of former Road as coloured black on Plan RA4179
104, 108, 110, 118, 156, 161, 162, 163, 164, 166
Lot 29 on Plan B6581
116
Lot 1 on Plan B44112
173
That part of Lot 1 on Plan B63241 excluding an area of former Road (Webster Street) abutting part of the south-eastern boundary of Portion 24 as coloured blue on Plan RA1636
213
Lot 2 on Plan B63241
213
Lot 301 on Plan C2301
86
Lot 302 on Plan C2301
86
Lot 303 on Plan C2301
86
Lot 312 on Plan C2301
86
Lot 465 on Plan C8157
27
That part of Lot 746 on Plan C8193 excluding the area described in Schedule 5 Clause 2(b)(xlvii)
170
That part of Lot 679 on Plan C8221 excluding the area described in Schedule 5 Clause 2(b)(xxxvi)
119
That part of Lot 142 on Plan C8249 excluding the area described in Schedule 5 Clause 2(b)(xv)
80
Lot 8 on Plan C27635
192
Lot 980 on Plan C31169
150
Lot 766 on Plan C31615
176
Lot 803 on Plan C31966
176
Lot 49 on Plan C56013
123
*
Lot 50 on Plan C56013
123
*
Lot 51 on Plan C56013
123
*
Lot 515 on Plan C56014
123
*
Lot 15 on Plan C56027
123
*
Lot 962 on Plan C311024
131
Lot 804 on Plan C311068
176
Lot 710 on Plan C311411
168
That part of Lot 91 on Plan CG230 excluding the area described in Schedule 5 Clause 2(b)(xii)
119
Lot 975 on Plan CG286
119
Lot 5 on Plan CG398
169
*
Lot 999 on Plan CG493
131
Lot 496 on Plan CG685
150
Lot 287 on Plan CG867
189
Lot 132 on Plan CG1160
203
Lot 204 on Plan CG1244
201
Lot 34 on Plan CG1434
205
Lot 428 on Plan CG1434
206
That part of Lot 407 on Plan CG1459 excluding the area described in Schedule 5 Clause 2(b)(xxiii)
170
Lot 415 on Plan CG1621
170
Lot 448 on Plan CG2052
172
Lot 114 on Plan CG2094
204
Lot 461 on Plan CG2520
177
Lot 711 on Plan CG2524
153
Lot 422 on Plan CG2728
170
Lot 744 on Plan CG2857
173
Lot 996 on Plan CG2907
146
Lot 71 on Plan CG2930
216
That part of Lot 62 on Plan CG2999 excluding former Allotments 19 and 20 of Section 1 on Plan W7531, former area of Road (Road and Esplanade) abutting south of Allotment 1 and 20 of Section 1, north of Portion 8 and east of stations 1-6 on Plan W7531, former area of Road (Esplanade) to the east of stations 2-7 on Plan W7533 and former area of Road (esplanade) to the east of stations 5-6 on Plan W7538
216
Lot 75 on Plan CG3000
216
Lot 493 on Plan CG3027
176
That part of Lot 716 on Plan CG3065 excluding the area described in Schedule 5 Clause 2(b)(xlii)
192
Lot 52 on Plan CG3290
216
That part of Lot 18 on Plan CG3312 excluding the area described in Schedule 5 Clause 2(b)(x)
201
Lot 925 on Plan CG3312
201
Lot 390 on Plan CG3429
197
That part of Lot 981 on Plan CG3467 excluding former Portion 457 on Plan CG1098
150
That part of Lot 706 on Plan CG3575 excluding the area described in Schedule 5 Clause 2(b)(xxxviii)
192
That part of Lot 431 on Plan CG3579 excluding the area described in Schedule 5 Clause 2(b)(xxv)
183
Lot 7 on Plan CG3595
199
Lot 22 on Plan CG3617
217
Lot 210 on Plan CG3617
217
That part of Lot 728 on Plan CG3782 excluding an area of former Road as coloured blue on Plan RA1494
181
Lot 973 on Plan CG3858
119
That part of Lot 708 on Plan CG3862 excluding the area described in Schedule 5 Clause 2(b)(xl), former Portion 359 on Plan C31678 and areas of former Road (Esplanade) abutting Portions 42, 44 and 43 on Plan C31678
192
That part of Lot 707 on Plan CG3863 excluding the area described in Schedule 5 Clause 2(b)(xxxix)
192
Lot 200 on Plan CG3867
217
Lot 416 on Plan CG3878
197
Lot 203 on Plan CG4009
216
That part of Lot 713 on Plan CG4027 excluding the area described in Schedule 5 Clause 2(b)(xli)
186, 187
That part of Lot 734 on Plan CG4028 excluding the area described in Schedule 5 Clause 2(b)(xliii)
182
Lot 165 on Plan CG4043
204
Lot 174 on Plan CG4043
204
That part of Lot 522 on Plan CG4048 excluding the area described in Schedule 5 Clause 2(b)(xxx)
192
Lot 551 on Plan CG4048
192
That part of Lot 202 on Plan CG4176 excluding former area of Trustee Lease 602823880 as shown on Drawing No. 4/A4/09-24C attached to the lease document
213, 215
That part of Lot 741 on Plan CG4177 excluding the area described in Schedule 5 Clause 2(b)(xliv)
190
That part of Lot 742 on Plan CG4224 excluding the area described in Schedule 5 Clause 2(b)(xlv)
185
Lot 143 on Plan CG4385
208
Lot 622 on Plan CG4400
176
That part of Lot 471 on Plan CG4426 excluding former Lot 471 on Plan N3811
129
That part of Lot 146 on Plan CG4496 below the High Water Mark
212
That part of Lot 640 on Plan CG4509 excluding the area described in Schedule 5 Clause 2(b)(xxxv)
194
Lot 657 on Plan CG4652
192
Lot 667 on Plan CG4652
192
That part of Lot 682 on Plan CG4748 excluding the area described in Schedule 5 Clause 2(b)(xxxvii)
192
Lot 480 on Plan CG4807
176, 192
*
Lot 86 on Plan CG4976
199
Lot 939 on Plan CG5058
201
Lot 194 on Plan CG5062
216
*
That part of Lot 721 on Plan CG5072 excluding former area of Trustee Lease commencing at a point on the northern boundary of Lot 721 on Plan CG5072, at the intersection of the boundary of Maroochy River Latitude 26.642273 South, Longitude 153.078677 East, and extending easterly along the northern boundary of that lot until a point at Latitude 26.642240 South, Longitude 153.079152 East; then southerly, then westerly, then northerly back to the point of commencement through the following coordinate points:
Latitude ° (South)
Longitude ° (East)
26.642556
153.079149
26.642557
153.078673
26.642273
153.078677
178
Lot 208 on Plan CG6046
207
Lot 994 on Plan CG6102
119
Lot 21 on Plan CG6154
213
Lot 982 on Plan CG6200
150
Lot 101 on Plan CG6313
149
*
Lot 745 on Plan CG6381
192
Lot 1 on Plan CG6385
216
Lot 10 on Plan CG6393
153
Lot 340 on Plan CG803364
176
*
That part of Lot 7 on Plan CG806762 excluding former Portion 438 on Plan CG2116
192
Lot 7 on Plan CG807403
131, 153, 178
Lot 6 on Plan CG807404
178
Lot 1 on Plan CG807406
180
Lot 2 on Plan CG807406
180
That part of Lot 5 on Plan CG807407 excluding the area described in Schedule 5 Clause 2(b)(vi)
178
Lot 23 on Plan CG810537
148
Lot 8 on Plan CG810562
126
That part of Lot 618 on Plan CG812658 excluding the areas described in Schedule 5 Clause 2(b)(xxxiii) & 2(b)(xxxiv)
187
Lot 619 on Plan CG812658
187
That part of Lot 525 on Plan CG813466 excluding former Portion 524 on Plan CG3635
192
Lot 5 on Plan CG837191
213
Lot 1 on Plan CG838777
170
Lot 13 on Plan CK801
2
Lot 16 on Plan CK971
2
Lot 18 on Plan CK1438
10
Lot 24 on Plan CK3248
2
Lot 11 on Plan CP818578
216
That part of Lot 159 on Plan CP839188 excluding the area described in Schedule 5 Clause 2(b) (xvii) and former Portion 65 on Plan MCH2650
131, 141, 142, 144, 145
That part of Lot 210 on Plan CP840281 excluding an area of former Road delineated by stations A-B-C-D-A on Plan CP840281
86
That part of Lot 939 on Plan CP845344 excluding the area described in Schedule 5 Clause 2(b)(xlix)
153
Lot 940 on Plan CP845344
153
Lot 957 on Plan CP845367
149
*
Lot 2 on Plan CP845406
192
Lot 130 on Plan CP846482
141
That part of Lot 1 on Plan CP847069 excluding an area of former Road delineated by stations 9-9a-5a-8-9 on Plan LX1744
8
Lot 2 on Plan CP847069
8
That Part of Lot 4 on Plan CP847069 excluding an area of former Road delineated by stations 11-22-21-20-19-18-17-16-15-14-13-12-11 on Plan LX2380
8
Lot 100 on Plan CP847069
8
That part of Lot 103 on Plan CP848501 excluding former Portion 984 on Plan M37477 and former Portion 128 on Plan MCH400
127
Lot 167 on Plan CP849516
138
Lot 168 on Plan CP849516
138
Lot 169 on Plan CP849516
138
Lot 4 on Plan CP851820
21
That part of Lot 300 on Plan CP855842 excluding the area described in Schedule 5 Clause 2(b)(xx), an area formerly identified as SL716 on Plan T1631 and an area of former Road (Lane) abutting the southern boundary of SL716 on Plan T1631
134
Lot 8 on Plan CP855953
178
Lot 59 on Plan CP855985
131
*
That part of Lot 516 on Plan CP857226 excluding the area described in Schedule 5 Clause 2(b)(xxviii)
192
Lot 978 on Plan CP859585
193
That part of Lot 13 on Plan CP882124 excluding former Portion 197 on Plan LX1588
159
That part of Lot 14 on Plan CP882124 excluding former Portion 197 on Plan LX1588
159
Lot 15 on Plan CP882124
159
*
Lot 275 on Plan CP885479
67
That part of Lot 3 on Plan CP888598 excluding the area described in Schedule 5 Clause 2(b)(v)
192
That part of Lot 976 on Plan CP889198 excluding an area of former Road delineated by stations A-B-C-D-E-F-G-H-A on Plan CP889198
119
Lot 11 on Plan CP889209
153
Lot 12 on Plan CP889209
153
Lot 337 on Plan CP890292
52
Lot 62 on Plan CP892763
2, 3
Lot 10 on Plan CP893046
2, 3
Lot 1383 on Plan CP893048
2, 3
Lot 180 on Plan CP894536
65
*
That part of Lot 475 on Plan CP894913 excluding the area described in Schedule 5 Clause 2(b)(xxvii)
192
Lot 55 on Plan CP895008
205
Lot 474 on Plan CP896044
45
Lot 70 on Plan CP897897
216
That part of Lot 208 on Plan CP897897 excluding former Portions 8 and 9 on Plan CG734, an area of former Road delineated by stations A-B-C-D-E-F-G-H-A on Plan CP897897 and an area of former Road (Esplanade) on Plan W7531 abutting the eastern boundary of former Portion 8 on Plan CG720
216
Lot 3 on Plan CP898979
207
Lot 155 on Plan CP900479
137
That part of Lot 951 on Plan CP900486 excluding former Portion 65 on Plan MCH2650 and former Portion 65 on Plan MCH5509
142
That part of Lot 950 on Plan CP900487 excluding former Portion 65 on Plan MCH5509
142
That part of Lot 599 on Plan CP901249 excluding the area described in Schedule 5 Clause 2(b)(xxxii)
131, 153, 178
Lot 1 on Plan CP901439
216
Lot 99 on Plan CP901439
216
Lot 687 on Plan CP902087
176, 192
Lot 100 on Plan CP902519
218
That part of Lot 17 on Plan CP902705 excluding former Portion 610, Parish of Maroochy, County of Canning
147
That part of Lot 18 on Plan CP902705 excluding former Portion 610, Parish of Maroochy, County of Canning
147
Lot 121 on Plan CP903033
46
That part of Lot 162 on Plan CP907407 excluding an area of former Road (Esplanade) abutting Noosa River as shown on Plan T16314
136
That part of Lot 163 on Plan CP907408 excluding former Portion 67 on Plan MCH3779 and an area of former Road (Esplanade) abutting Noosa River as shown on Plan T16314
136
That part of Lot 164 on Plan CP907410 excluding an area of former Road (Esplanade) abutting Noosa River as shown on Plan T16314
136
That part of Lot 160 on Plan CP908649 excluding an area of former Road (Esplanade) abutting Noosa River as shown on Plan T1638
137
Lot 34 on Plan CP908656
141
*
Lot 201 on Plan E931
11
Lot 202 on Plan E931
11
Lot 203 on Plan E931
11
Lot 208 on Plan E931
11
Lot 209 on Plan E931
11
Lot 210 on Plan E931
11
Lot 214 on Plan E4311
126
That part of Lot 5 on Plan E4319 excluding former Lot 207 on Plan E4311
126
That part of Lot 6 on Plan E4319 excluding former Lot 207 on Plan E4311
126
That part of Lot 7 on Plan E4319 excluding former Lot 207 on Plan E4311
126
Lot 344 on Plan FTY18
96, 155
Lot 12 on Plan FTY323
10
Lot 572 on Plan FTY346
52
Lot 343 on Plan FTY525
155
Lot 918 on Plan FTY678
110, 164
Lot 124 on Plan FTY773
52, 57
Lot 234 on Plan FTY879
119
Lot 298 on Plan FTY1230
96, 97, 98
Lot 242 on Plan FTY1248
52
Lot 529 on Plan FTY1257
21
Lot 552 on Plan FTY1277
21
Lot 481 on Plan FTY1292
57
Lot 82 on Plan FTY1310
33, 52
Lot 546 on Plan FTY1315
96, 97, 98, 104, 106
Lot 562 on Plan FTY1335
12, 24
Lot 138 on Plan FTY1389
45
Lot 420 on Plan FTY1398
27
Lot 501 on Plan FTY1399
22
That part of Lot 523 on Plan FTY1400 excluding former Lot 107 on Plan LX606
21
Lot 526 on Plan FTY1401
10
Lot 550 on Plan FTY1402
5
Lot 574 on Plan FTY1404
12
Lot 355 on Plan FTY1408
25
Lot 612 on Plan FTY1410
43, 45, 47
Lot 530 on Plan FTY1443
21
Lot 416 on Plan FTY1461
45
That part of Lot 983 on Plan FTY1488 excluding former Portion 410 on Plan M37162, former Portion 452 on Plan M37163 and former Portion 871 on Plan M37406
59, 75
That part of Lot 700 on Plan FTY1491 excluding former Portion 95 on Plan MCH1077 and former Portion 96 on Plan MCH383; then excluding an area of former Road identified and delineated by stations 15-16-17-18-19-20-21-22 on Plan MCH1077 – then by stations L-h-G-P-3-4-5 on Plan MCH940 – then back to the point of commencement being station 15 on Plan MCH1077; and then excluding an area of former Road identified and delineated by stations 1-1a-2-4-6-8-10-12-18-20-29 on Plan MCH383 – then by stations 9-10-11-12-13-14 on Plan MCH1077 – then by stations 14-15-11-9-7-5-3-1 on Plan MCH383
33, 36, 37, 38, 39, 60
That part of Lot 57 on Plan FTY1519 excluding former Portions 93 and 95 on Plan L37399, former Portions 121 and 126 on Plan LX238, former Portions 134 and 135 on Plan LX579, former Portions 137 and 140 on Plan LX733, former Portion 143 on Plan LX885, former Portion 157 on Plan LX969, former area of Road delineated by stations 17a-17-15-13-11-9-10-12a-12-14-16-18-17a on Plan LX579, former area of Road delineated by stations 1-2-4-6-8-10-17-11-9-7-5-3-1 on Plan LX971, former area of Road delineated by stations 12-11-10-9-8-7-6-5-4-1-2-4a-5a-6a-8a-9a-10a-11a-12a-12 on Plan LX733, former area of Road delineated by stations 19-17a-17-18-20-19a-19 on Plan LX578 and former area of Road delineated by stations 1-3-5-7-9-11-25-13-14-12-10-8-6-4-2-1 on Plan LX611
10, 17, 21, 24
Lot 50 on Plan FTY1641
17, 21
Lot 249 on Plan FTY1673
119
Lot 274 on Plan FTY1680
118
That part of Lot 986 on Plan FTY1720 excluding former Portion 1158 on Plan LX1915
96, 98, 104, 109, 156
Lot 504 on Plan FTY1755
17
Lot 932 on Plan FTY1758
52
Lot 589 on Plan FTY1876
197, 200, 201
That part of Lot 207 on Plan FTY1885 excluding the areas described in Schedule 5 Clause 2(b)(xviii), former Portion 197 on Plan CG819, former Portion 197 on Plan LX1588 and an area covering part of former R137 and identified as SL3551 on Plan CG819
96, 155, 156, 157, 158, 159, 160, 162
That part of Lot 1294 on Plan FTY1888 excluding former Portion 11 on Plan CK861, former Portion 21 on Plan L37365, former Portion 28 on Plan LX771 and former Portion 30v on Plan LX356
1, 2, 5, 10, 12
Lot 575 on Plan FTY1892
52
Lot 301 on Plan FTY1894
21, 27, 33
Lot 435 on Plan FTY1895
52, 59, 77, 104
Lot 368 on Plan FTY1901
119
Lot 256 on Plan FTY1910
104, 110, 114
That part of Lot 135 on Plan FTY1911 excluding former Subdivision 1 of Portion 1112 on Plan LX711, former Portion 1112 on Plan L37661, former Portion 781 on Plan L37544, former Lot A on Plan LX2745, former Lease A on Plan LX2676, former Portion 344 on Plan L37245, former Portion 41 on Plan LX1173 and Lot C on Plan LX2746
104, 110, 114, 115, 118, 164
Lot 329 on Plan FTY1912
94, 102
Lot 673 on Plan FTY1931
94, 95, 96, 99, 100, 101, 102
Lot 502 on Plan FTY1954
36, 40
Lot 108 on Plan G2591
56
Lot 404 on Plan G2591
56
Lot 405 on Plan G2591
56
Lot 406 on Plan G2591
56
Lot 4 on Plan G5937
199
Lot 73 on Plan G14797
66
Lot 21 on Plan G147142
64
Lot 16 on Plan G147171
66
Lot 1 on Plan G147174
65
Lot 2 on Plan G147174
65
Lot 18 on Plan G147174
65
Lot 465 on Plan K2942
31
Lot 47 on Plan K2943
31
Lot 48 on Plan K2943
31
Lot 49 on Plan K2943
31
Lot 50 on Plan K2943
31
Lot 51 on Plan K2943
31
Lot 52 on Plan K2943
31
Lot 57 on Plan K2943
31
Lot 58 on Plan K2943
31
Lot 117 on Plan K2943
31
Lot 118 on Plan K2943
31
Lot 123 on Plan K2943
31
Lot 124 on Plan K2943
31
Lot 125 on Plan K2943
31
Lot 126 on Plan K2943
31
Lot 712 on Plan K2943
31
That part of Lot 458 on Plan K2949 excluding former area of Trustee Lease 602824039 as identified on the Sketch attached to the lease document
31
Lot 4 on Plan K6575
81
Lot 11 on Plan K29413
31
Lot 1 on Plan K29417
31
Lot 17 on Plan K29417
31
Lot 2 on Plan K29420
31
Lot 3 on Plan K29420
31
Lot 14 on Plan L2589
174
Lot 15 on Plan L2589
174
Lot 16 on Plan L2589
174
Lot 17 on Plan L2589
174
Lot 18 on Plan L2589
174
Lot 19 on Plan L2589
174
Lot 20 on Plan L2589
174
Lot 460 on Plan L3780
7
Lot 201 on Plan L37108
7
Lot 874 on Plan L37108
7
Lot 1111 on Plan L37108
7
Lot 1118 on Plan L37108
7
Lot 1162 on Plan L37108
7
Lot 1932 on Plan L37108
7
Lot 1211 on Plan L37144
7
Lot 204 on Plan L37239
7
Lot 205 on Plan L37239
7
Lot 102 on Plan L37281
33
Lot 220 on Plan L37386
21
Lot 73 on Plan L37508
17
That part of Lot 468 on Plan L37573 excluding an area of former Road delineated by stations 21-20-19-31-21 as shown on Plan L37573
25
Lot 150 on Plan L37611
17
Lot 142 on Plan L37633
14
Lot 2651 on Plan L37634
25
Lot 1726 on Plan L37733
104
Lot 125 on Plan L37783
59
Lot 144 on Plan L37911
27
Lot 57 on Plan L37932
5
Lot 1508 on Plan L37932
5
Lot 33 on Plan L371065
52
Lot 148 on Plan L371068
17
Lot 459 on Plan L371231
43
Lot 469 on Plan L371233
43
Lot 52 on Plan L371274
45
Lot 464 on Plan L371282
27
Lot 177 on Plan L371311
16
Lot 52 on Plan L371352
10
Lot 21 on Plan L371362
104
Lot 114 on Plan L371397
14
Lot 326 on Plan L371407
45
Lot 21 on Plan L371452
21
Lot 174 on Plan LX25
8
Lot 29 on Plan LX54
78
Lot 2 on Plan LX88
78
Lot 80 on Plan LX152
59
Lot 69 on Plan LX160
17
Lot 145 on Plan LX188
7
Lot 144 on Plan LX189
17
Lot 146 on Plan LX189
17
Lot 6 on Plan LX196
16, 18
Lot 37 on Plan LX196
16, 18
Lot 197 on Plan LX196
16
Lot 30 on Plan LX204
34
Lot 147 on Plan LX211
20
Lot 71 on Plan LX290
21
Lot 93 on Plan LX298
17
Lot 11 on Plan LX318
29
Lot 461 on Plan LX320
31
Lot 61 on Plan LX328
5
Lot 70 on Plan LX344
31
Lot 19 on Plan LX351
17
Lot 51 on Plan LX409
17
Lot 330 on Plan LX410
5
Lot 50 on Plan LX430
17
Lot 17 on Plan LX439
104
Lot 85 on Plan LX456
17
Lot 91 on Plan LX478
31
Lot 80 on Plan LX556
55
Lot 103 on Plan LX561
57
Lot 195 on Plan LX591
14
Lot 200 on Plan LX598
14
Lot 68 on Plan LX629
17
Lot 69 on Plan LX629
17
Lot 248 on Plan LX695
73
Lot 98 on Plan LX736
31
Lot 33 on Plan LX850
110
Lot 9 on Plan LX899
110
Lot 121 on Plan LX908
27
Lot 76 on Plan LX1037
17
Lot 169 on Plan LX1056
21
Lot 14 on Plan LX1072
55
Lot 26 on Plan LX1105
34
Lot 84 on Plan LX1108
17
Lot 35 on Plan LX1121
35
*
That part of Lot 245 on Plan LX1163 excluding an area of former Road delineated by stations 10-10a-11a-11-10 on Plan LX1163
24
*
Lot 75 on Plan LX1183
66
Lot 25 on Plan LX1190
21
Lot 31 on Plan LX1277
17
Lot 481 on Plan LX1302
43
Lot 29 on Plan LX1445
5
Lot 55 on Plan LX1465
17
Lot 161 on Plan LX1511
9
Lot 61 on Plan LX1515
17
Lot 140 on Plan LX1521
31
Lot 62 on Plan LX1538
27
*
Lot 332 on Plan LX1563
27
Lot 161 on Plan LX1600
17
Lot 304 on Plan LX1636
27
Lot 40 on Plan LX1697
5, 10, 11
Lot 64 on Plan LX1728
17
Lot 72 on Plan LX1739
116
Lot 74 on Plan LX1739
116
Lot 47 on Plan LX1768
10
Lot 56 on Plan LX1782
104
Lot 340 on Plan LX1806
31
Lot 75 on Plan LX1808
52
Lot 76 on Plan LX1808
52
Lot 23 on Plan LX1912
104
Lot 281 on Plan LX1926
31
Lot 24 on Plan LX1939
8
Lot 70 on Plan LX2045
54
Lot 297 on Plan LX2045
54
Lot 227 on Plan LX2052
78
Lot 40 on Plan LX2230
52
That part of Lot 71 on Plan LX2233 excluding former Portion 29 on Plan LX644
27
Lot 205 on Plan LX2256
21
Lot 245 on Plan LX2270
64
That part of Lot 256 on Plan LX2273 subject to former Reserve delineated by stations 4-2-3-5-4 on Plan W39430
13
That part of Lot 356 on Plan LX2278 excluding former Portion 42 on Plan MPH25086, former Portion 57 on Plan MPH25091 and an area of former Road delineated by stations 8-13-19-16-8 on Plan LX2278
31
Lot 234 on Plan LX2313
59
Lot 63 on Plan LX2314
17
Lot 50 on Plan LX2318
13
Lot 70 on Plan LX2321
17, 25
Lot 171 on Plan LX2323
8
Lot 235 on Plan LX2329
73
Lot 128 on Plan LX2330
34
*
Lot 150 on Plan LX2340
5
Lot 200 on Plan LX2341
5
Lot 343 on Plan LX2361
31
Lot 198 on Plan LX2378
15
Lot 138 on Plan LX2390
113
Lot 139 on Plan LX2390
113
Lot 275 on Plan LX2490
30
Lot 69 on Plan LX2492
52
Lot 42 on Plan LX2494
59
Lot 135 on Plan LX2544
110
Lot 39 on Plan LX2545
15
Lot 40 on Plan LX2545
15
Lot 4 on Plan LX2549
9
Lot 1313 on Plan LX2596
5, 17
Lot 7 on Plan LX2605
8
Lot 395 on Plan LX2628
43
That part of Lot 247 on Plan LX2642 subject to former Pound Reserve delineated by stations 5A-3-3A-4A-5A on Plan W39839
31
Lot 224 on Plan LX2644
111
Lot 89 on Plan LX2659
5
That part of Lot 169 on Plan LX2661 excluding an area of former Road delineated by stations 14-14c-11-10-9-8-5a-9a-12a-12b-13-14 on Plan LX1744
8
Lot 83 on Plan LX2674
159
Lot 202 on Plan LX2680
7
Lot 463 on Plan LX2689
46
Lot 470 on Plan LX2692
27
Lot 257 on Plan LX2696
10
Lot 127 on Plan LX2698
22
Lot 67 on Plan LX2703
7
Lot 73 on Plan LX2704
14
Lot 59 on Plan LX2711
13
Lot 37 on Plan LX2715
6
Lot 149 on Plan LX2730
7
That part of Lot 16 on Plan LX2750 excluding former Portion 32 on Plan LX738
115
Lot 17 on Plan LX2750
115
*
That part of Lot 1 on Plan LX2754 excluding former Portion 12 on Plan LX1925 and former Lot J on Plan CP844383
104, 108
That part of Lot 3 on Plan LX2754 excluding former Portion 1158 on Plan LX1915, former Lot B on Plan LX811647 and former Lot C on Plan LX811648
104, 107, 109
Lot 18 on Plan LX839927
55
Lot 3 on Plan M3309
34
That part of Lot 439 on Plan M5676 excluding the area described in Schedule 5 Clause 2(b)(xxvi) and an area of former Road (Esplanade) abutting Cornmeal Creek as shown on Plan M5676
181
Lot 2 on Plan M33011
34
Lot 3 on Plan M33011
34
Lot 1 on Plan M33021
34
Lot 2 on Plan M33022
34
Lot 27 on Plan M33023
34
Lot 197 on Plan M37174
36
Lot 188 on Plan M37834
110
Lot 65 on Plan M37837
110
Lot 22 on Plan M56712
181
Lot 776 on Plan M331205
177
Lot 4 on Plan M331835
183
That part of Lot 301 on Plan M332061 excluding the area described in Schedule 5 Clause 2(b)(xxi)
172, 174
Lot 979 on Plan M332448
119
Lot 163 on Plan MCH103
59
Lot 6 on Plan MCH128
59
Lot 159 on Plan MCH132
33
Lot 162 on Plan MCH132
33
Lot 21 on Plan MCH149
119
Lot 98 on Plan MCH191
33
Lot 33 on Plan MCH200
59
Lot 9 on Plan MCH342
71
Lot 415 on Plan MCH366
80
Lot 12 on Plan MCH574
71
That part of Lot 93 on Plan MCH602 excluding the area described in Schedule 5 Clause 2(b)(xiii)
117
Lot 249 on Plan MCH618
80
Lot 60 on Plan MCH771
36
Lot 512 on Plan MCH886
80
Lot 13 on Plan MCH925
59
Lot 171 on Plan MCH944
80
Lot 352 on Plan MCH958
131
*
Lot 348 on Plan MCH974
80
Lot 296 on Plan MCH987
90
Lot 401 on Plan MCH1048
80
Lot 22 on Plan MCH1139
72
Lot 24 on Plan MCH1207
71
Lot 31 on Plan MCH1395
66
Lot 326 on Plan MCH1523
124
Lot 58 on Plan MCH1567
62
Lot 59 on Plan MCH1571
66
Lot 70 on Plan MCH1614
60
Lot 386 on Plan MCH1667
135
Lot 1 on Plan MCH1683
119
Lot 26 on Plan MCH1799
38
Lot 126 on Plan MCH2337
64
Lot 10 on Plan MCH2826
42
Lot 277 on Plan MCH2958
80, 82
Lot 78 on Plan MCH2990
139
Lot 313 on Plan MCH3020
80, 82
Lot 103 on Plan MCH3039
83
Lot 143 on Plan MCH3101
66
Lot 114 on Plan MCH3147
66
Lot 208 on Plan MCH3245
65
Lot 206 on Plan MCH3307
66
Lot 202 on Plan MCH3583
64
That part of Lot 113 on Plan MCH3808 excluding an area of former Road identified on Plan W39959 and commencing at station 4 and bounded by a line bearing 216 degrees 32 minutes and distance of 149.97 metres, then by a line bearing 145 degrees 0 minutes and distance 1.750 metres to station 1, then by a line bearing 39 degrees 34 minutes and distance 125.227 metres, then by a line bearing 62 degrees 18 minutes and distance of 21.726 metres, then by a line bearing 325 degrees back to the point of commencement
66
That part of Lot 201 on Plan MCH3808 excluding an area of former Road identified on Plan W39959 and commencing at station 4 and bounded by a line bearing 216 degrees 32 minutes and distance of 149.97 metres, then by a line bearing 145 degrees 0 minutes and distance 1.750 metres to station 1, then by a line bearing 39 degrees 34 minutes and distance 125.227 metres, then by a line bearing 62 degrees 18 minutes and distance of 21.726 metres, then by a line bearing 325 degrees back to the point of commencement
66
That part of Lot 372 on Plan MCH3843 excluding former area of Trustee Lease 602825876 as marked ‘Lease A’ on the Plan attached to the lease document
131
Lot 223 on Plan MCH3861
123
*
Lot 346 on Plan MCH3970
83
*
That part of Lot 249 on Plan MCH4125 subject to former R509 on Plan MCH3729
59
That part of Lot 250 on Plan MCH4125 excluding former Homestead Selection 69 on Plan MPH14095
59
That part of Lot 515 on Plan MCH4139 excluding former areas of Trustee Leases 602824620 and 602824621 as identified on the Sketch attached to the respective lease document
65
Lot 177 on Plan MCH4199
81
Lot 365 on Plan MCH4233
80
Lot 292 on Plan MCH4337
82
Lot 32 on Plan MCH4399
93
That part of Lot 114 on Plan MCH4454 excluding former Portion 4935 on Plan MPH6246
64
Lot 386 on Plan MCH4544
53
Lot 307 on Plan MCH4551
131, 135
Lot 376 on Plan MCH4559
132
Lot 7 on Plan MCH4562
90, 93
Lot 132 on Plan MCH4609
33
That part of Lot 140 on Plan MCH4786 excluding former MHL 5887 on Plan MPH24006 and an area of former Road delineated by stations 5-5a-9-7-5 on Plan MPH40750
66
Lot 35 on Plan MCH4795
135
Lot 143 on Plan MCH4796
138
Lot 144 on Plan MCH4796
138
Lot 145 on Plan MCH4796
138
Lot 146 on Plan MCH4796
138
Lot 147 on Plan MCH4796
138
Lot 148 on Plan MCH4796
138
Lot 2 on Plan MCH4799
89
That part of Lot 439 on Plan MCH4831 excluding former GF Homesteads 252, 253 and 256 on Plan MPH23153
66
Lot 39 on Plan MCH4838
80
Lot 66 on Plan MCH4838
80
Lot 102 on Plan MCH4906
64
Lot 1 on Plan MCH5012
69
That part of Lot 117 on Plan MCH5050 excluding an area of former Road (Railway Road) abutting former Portion 41 on Plan MCH2556
83
Lot 125 on Plan MCH5066
75
Lot 126 on Plan MCH5066
75
Lot 128 on Plan MCH5083
59
Lot 131 on Plan MCH5093
33
Lot 289 on Plan MCH5100
110
Lot 2 on Plan MCH5101
119
That part of Lot 358 on Plan MCH5157 excluding the area described in Schedule 5 Clause 2(b)(xxii)
89
Lot 381 on Plan MCH5206
120
Lot 34 on Plan MCH5214
90
Lot 35 on Plan MCH5214
90
That part of Lot 1 on Plan MCH5234 excluding an area of former Railway delineated by stations 2-3-4-X-2 on Plan MCH5234
89
Lot 166 on Plan MCH5254
138
Lot 133 on Plan MCH5350
33
That part of Lot 13 on Plan MCH5443 excluding an area of former Road delineated by stations 5-5a-16-8-5 on Plan MCH5443
134
Lot 900 on Plan MCH5445
142
Lot 768 on Plan MCH5517
64
That part of Lot 5 on Plan MCH801883 excluding former Portion 224 on Plan MCH3628, former Portion 181 on Plan MCH3948 and an area of former Road delineated by stations 2-7-8-B-C-D-A-2 on Plan MCH801883
64, 65
Lot 43 on Plan MCH801883
64
Lot 542 on Plan MCH801883
64
Lot 240 on Plan MCH802648
80
Lot 6 on Plan MCH838760
69
Lot 114 on Plan MCH839107
138
Lot 115 on Plan MCH839107
138
Lot 3 on Plan MCH842013
144, 145
*
Lot 5 on Plan MCH842015
144
Lot 7 on Plan MCH842016
144
*
Lot 9 on Plan MCH842018
142
Lot 10 on Plan MCH842019
141
*
That part of Lot 4 on Plan MCH842781 excluding former Portion 65 on Plan MCH2650
144
Lot 1 on Plan MCH842782
131
Lot 1 on Plan MCH843845
80
Lot 3 on Plan MPH6021
71
Lot 53 on Plan MPH6023
66
Lot 1 on Plan MPH6169
59, 61
Lot 2 on Plan MPH6409
66
Lot 1 on Plan MPH6450
40
Lot 1 on Plan MPH6901
64
Lot 5 on Plan MPH7044
29
Lot 10 on Plan MPH7045
29
Lot 2 on Plan MPH7070
65
Lot 4 on Plan MPH7077
65
Lot 13 on Plan MPH15336
31
Lot 39 on Plan MPH23646
71
Lot 12 on Plan MPH24128
64, 66
Lot 2 on Plan MPH30187
66
Lot 7357 on Plan MPH31811
68
Lot 203 on Plan N10574
140
*
That part of Lot 6 on Plan N21840 excluding former Portion 65 on Plan MCH2650
141
Lot 117 on Plan N21851
141
Lot 14 on Plan N25356
34
Lot 111 on Plan NPW552
168
That part of Lot 509 on Plan NPW594 excluding former Portion 68v on Plan M333232 and former Portion 79v on Plan C311181
131, 153, 154, 178, 180, 181
Lot 135 on Plan NPW672
119
Lot 1010 on Plan NPW686
93
Lot 202 on Plan NPW719
59
That part of Lot 127 on Plan NPW725 excluding the area described in Schedule 5 Clause 2(b)(xiv), former Portion 15V on Plan C311127, former Portion 224 on Plan CG698 and former Portion 80A on Plan C31227
168, 173, 197, 200
Lot 561 on Plan NPW725
168, 173, 175, 176, 195, 196, 197
That part of Lot 589 on Plan NPW725 excluding the area described in Schedule 5 Clause 2(b)(xxxi)
197, 201
Lot 50 on Plan NPW734
4, 14
Lot 168 on Plan NPW764
25, 26, 27
Lot 193 on Plan NPW770
17, 21, 27, 33
Lot 214 on Plan NPW771
36, 59, 63
Lot 475 on Plan NPW771
36, 59, 63
Lot 52 on Plan NPW773
14, 17, 25, 27
Lot 205 on Plan NPW774
36, 40
Lot 557 on Plan NPW782
52
Lot 728 on Plan NPW787
164
Lot 736 on Plan NPW787
164, 165
Lot 351 on Plan NPW791
119
Lot 689 on Plan NPW791
119, 128
That part of Lot 559 on Plan NPW814 excluding former Lot C on Plan CG4125 and former Portion 135V on Plan C311382
119, 131
That part of Lot 210 on Plan NPW833 excluding the area described in Schedule 5 Clause 2(b)(xix)
80, 87, 88, 89, 119
Lot 69 on Plan NPW841
5, 10
Lot 188 on Plan NPW842
17
Lot 209 on Plan NPW843
59, 76, 80, 83
Lot 155 on Plan NPW845
80
Lot 539 on Plan NPW863
131, 152
That part of Lot 154 on Plan NPW867 excluding former Portion 505 on Plan CG2628, former Portion 93 on Plan M332983, former Portion 218v on Plan C311657, former Portion 171v on Plan C311487 and former Portion 708, Parish of Maroochy, County of Canning as shown on Appendix B of the Development Lease 3 lease document (Title Reference 17549168)
131, 149
That part of Lot 147 on Plan NPW889 excluding the area described in Schedule 5 Clause 2(b)(xvi), former Portion 463 on Plan CG612, former Portion 1653 on Plan M37800, former Portion 706 on Plan CG2426, former Lots 65 and 95 on Plan MCH5575, former Portion 65 on Plan MCH2650, former Portion 10v on Plan MCH55, former Portion 610, Parish of Maroochy, County of Canning and an area of former Road (100 Links Wide) as shown on Plan CG2426
131, 138, 139, 141, 142, 143, 144, 145, 147
Lot 1683 on Plan NPW939
80
Lot 1 on Plan NPW1105
117
Lot 368 on Plan NPW1111
119
Lot 291 on Plan NPW1114
172
Lot 453 on Plan NPW1114
172
Lot 454 on Plan NPW1114
172
Lot 211 on Plan NPW1132
52
Lot 1 on Plan NPW1142
45, 46, 48, 49, 51, 52, 58, 94, 96, 97, 98, 99, 100, 101, 102, 104, 106, 109
Lot 1020 on Plan NPW1143
45, 48, 49, 50, 51, 52, 58
That part of Lot 21 on Plan NPW1150 excluding former Portion 135 on Plan MCH386, former Portion 549 on Plan M37301, former Portion 116 on Plan MCH285 and Lots A and B on Plan MCH5358
41, 42, 80, 90, 91, 93, 131, 135, 138
Lot 138 on Plan OL178
43
Lot 325 on Plan OL274
2
Lot 363 on Plan OL280
3
Lot 201 on Plan P4111
84
Lot 210 on Plan P4111
84
Lot 806 on Plan P4458
170
Lot 12 on Plan P5015
89
Lot 4 on Plan P5018
89
That part of Lot 744 on Plan P93127 excluding former Portion 706 on Plan CG2426
147
Lot 116 on Plan P93133
145
*
Lot 221 on Plan PA7263
148
Lot 321 on Plan PA7263
148
Lot 322 on Plan PA7263
148
Lot 1 on Plan PA7266
148
Lot 2 on Plan PA7267
148
Lot 22 on Plan RP25570
138
*
Lot 1 on Plan RP27466
35
Lot 2 on Plan RP104909
52
Lot 3 on Plan RP132579
207
Lot 1 on Plan RP214916
46
Lot 2 on Plan RP214916
46
Lot 1 on Plan RP233895
186
*
That part of Lot 354 on Plan SP103050 excluding former MHPL 6650 on Plan MPH7022, an area of former Road delineated by stations a-b-c-d-a on Plan SP103050 and an area of former Road abutting the western boundary of R1248 as coloured blue on Plan RA2447
66
Lot 107 on Plan SP104215
213, 216
Lot 25 on Plan SP104238
216
That part of Lot 7 on Plan SP104252 excluding former Portion 610, Parish of Maroochy, County of Canning
147
Lot 66 on Plan SP104261
173
*
That part of Lot 879 on Plan SP104269 excluding the area described in Schedule 5 Clause 2(b)(xlviii), former Portion 463 on Plan CG612 and an area of former Road (Esplanade) abutting Portions 516 to 522 on Plan CG716
131
Lot 8 on Plan SP104270
144
Lot 26 on Plan SP104277
144
Lot 89 on Plan SP104319
31
That part of Lot 117 on Plan SP108103 excluding an area of former Road delineated by stations 5-6-2-5 on Plan SP108103
138
Lot 94 on Plan SP108291
10
Lot 95 on Plan SP108291
10
Lot 1 on Plan SP115352
10
Lot 3 on Plan SP115352
10
That part of Lot 153 on Plan SP119430 excluding former Portion 984 on Plan M37477
127
That part of Lot 940 on Plan SP127767 excluding the area described in Schedule 5 Clause 2(b)(l), former Portion 489 on Plan CG2126, former Portion 692 on Plan CG3614, former Portions 697 and 698 on Plan CG2326, former area of Trustee Lease 602825846 as shown on Drawing No. 3120 attached to the lease document and former areas of Trustee Leases 602825843, 602825844, 602825845 and 602825847 as shown on Plan SP127767
119
Lot 10 on Plan SP128387
206
*
Lot 96 on Plan SP136741
42
Lot 189 on Plan SP139797
211
*
That part of Lot 276 on Plan SP140491 excluding an area of former Road delineated by stations 16-17-21-22-16 on Plan SP140491
82
That part of Lot 300 on Plan SP140491 excluding an area of former Road delineated by stations 25-33-36-12-37-32-38-10-27-26-25 on Plan SP140491
82
That part of Lot 301 on Plan SP140491 excluding an area of former Road identified on Plan B7063 and further delineated by stations 36-34-15-35-37-12-36 and stations 38-31-30-29-28-10-38 on Plan SP140491
82
Lot 145 on Plan SP141471
208
That part of Lot 98 on Plan SP141512 excluding an area of former Road (Main Road) abutting the western boundary of former Portion 207 on Plan CG698
168
That part of Lot 2 on Plan SP143293 excluding an area east of a line drawn southerly from stations 1 to 8 on that plan and onwards to and along the boundaries of Lot 5 on Plan RP838131, Lot 4 on Plan RP838131 and the southern boundary of Lot 3 on Plan RP838131
186
That part of Lot 85 on Plan SP145795 excluding former ‘Lease A’ on Plan LX2716
66
That part of Lot 158 on Plan SP146043 excluding former Lot 158 on CP901989
137
Lot 1 on Plan SP146044
135
Lot 12 on Plan SP148801
80, 90
*
That part of Lot 2 on Plan SP149921 excluding an area of former Road delineated by stations 8-13-14-9-8 on Plan SP149921
173
That part of Lot 8 on Plan SP151415 excluding the area described in Schedule 5 Clause 2(b)(viii)
133
That part of Lot 274 on Plan SP153823 subject to an area delineated by stations I-H-G-F-I on Plan SP153823
30
Lot 58 on Plan SP157920
68
That part of Lot 42 on Plan SP159642 excluding former MHPL 5043 on Plan MPH6290, former MHPL 5459 on Plan MCH3309 and an area of former Road (Lane) abutting Portion 42 on Plan MCH1511
64
Lot 43 on Plan SP159642
64
Lot 21 on Plan SP159827
2, 10
*
That part of Lot 6 on Plan SP160873 excluding former Portion 25 on Plan C31156
179
Lot 1 on Plan SP163570
131
Lot 969 on Plan SP168891
186
*
Lot 971 on Plan SP168891
186
*
Lot 79 on Plan SP169496
73
Lot 277 on Plan SP170309
125
Lot 1 on Plan SP174333
217
Lot 23 on Plan SP174333
217
That part of Lot 224 on Plan SP175079 excluding former Homestead Selections 13, 24 and 73 on Plan MPH19430, former Homestead Selections 192 and 193 on Plan MPH14104, former GF Homestead Selection 207 on Plan MPH23158 and an area of former Road abutting Homestead Selections 24 and 73 on Plan MPH19430
64, 70
Lot 168 on Plan SP177646
135
Lot 2 on Plan SP177807
205, 209
Lot 3 on Plan SP177807
209
Lot 199 on Plan SP181240
190
That part of Lot 600 on Plan SP189442 excluding an area of former Road delineated by stations 1-3-6-29-30-31-28-5-4-2-1 on Plan G14782 and then that part of River Road coloured orange on Plan G14787
66
Lot 100 on Plan SP192435
138
Lot 613 on Plan SP195894
190
That part of Lot 67 on Plan SP199934 excluding former Portion 15 on Plan CG1267 and former area of Trustee Lease 602823703 as shown on Sketch 4/A4/94-25 attached to the lease document
213
That part of Lot 500 on Plan SP199934 excluding former Portion 15 on Plan CG1267
205, 213, 216
Lot 1 on Plan SP202953
151
*
Lot 100 on Plan SP208113
135
Lot 18 on Plan SP211621
64, 66
Lot 65 on Plan SP213106
88
Lot 31 on Plan SP215013
135
Lot 32 on Plan SP215013
135, 138
Lot 48 on Plan SP215031
93
Lot 56 on Plan SP215040
135
Lot 57 on Plan SP215040
135
Lot 58 on Plan SP215040
135
Lot 59 on Plan SP215041
135
Lot 60 on Plan SP215041
135
Lot 63 on Plan SP215042
135
Lot 65 on Plan SP215044
138
*
Lot 67 on Plan SP215045
93
Lot 76 on Plan SP215047
91
Lot 78 on Plan SP215048
91
Lot 61 on Plan SP215049
93
That part of Lot 361 on Plan SP216726 excluding former area of Trustee Lease 602825731 as shown on Plan SP216726
66
Lot 79 on Plan SP217586
91
Lot 80 on Plan SP217587
90, 91
Lot 68 on Plan SP217589
93
Lot 130 on Plan SP221466
64
Lot 179 on Plan SP221468
64
Lot 10 on Plan SP223278
44
Lot 12 on Plan SP223278
44
Lot 165 on Plan SP223758
135
Lot 4 on Plan SP223759
125
Lot 5 on Plan SP223759
125
Lot 1 on Plan SP228344
216
Lot 90 on Plan SP228362
31
Lot 91 on Plan SP228362
31
Lot 92 on Plan SP228362
31
Lot 93 on Plan SP228362
31
Lot 94 on Plan SP228362
31
Lot 95 on Plan SP228362
31
Lot 96 on Plan SP228362
31
Lot 97 on Plan SP228362
31
Lot 98 on Plan SP228362
31
Lot 99 on Plan SP228362
31
Lot 100 on Plan SP228362
31
Lot 5 on Plan SP228615
201
That part of Lot 604 on Plan SP233314 excluding former Subdivision 1 of Homestead 327 on Plan MPH4983 and areas of former Road delineated by stations 2-3-3a-11-2 on Plan MCH5273
66
That part of Lot 30 on Plan SP236407 excluding former Portion 16 on Plan B6323
213
Lot 92 on Plan SP236407
214
Lot 144 on Plan SP236422
208
That part of Lot 427 on Plan SP237585 excluding the area described in Schedule 5 Clause 2(b)(xxiv) and the former area of Trustee Lease 602823705 as shown hatched on the Plan attached to the lease document
188
Lot 900 on Plan SP239524
192
Lot 169 on Plan SP240678
205
Lot 191 on Plan SP240678
205
Lot 2 on Plan SP240978
64
Lot 110 on Plan SP240979
66
That part of Lot 131 on Plan SP240979 excluding former Portion 131 and an area of Road (Esplanade) on Plan MCH3243
66
Lot 219 on Plan SP240979
66
That part of Lot 215 on Plan SP245265 excluding former Lot 40 on Plan B6321
215
That part of Lot 2 on Plan SP245615 excluding former Allotment 2 of Section 35 on Plan CG2013 and an area of former Road identified on Plan B63252 as commencing at station 14a, then north-westerly to station 14, then north-easterly along the northern boundary of former Allotment 2 of Section 35 to the northern most corner of that Allotment, then south-easterly along the boundary between that Allotment and former Allotment 4 of Section 35 for a distance of 10.188 metres, then back to the point of commencement
213
Lot 1 on Plan SP246462
52
Lot 2 on Plan SP251269
2
*
Lot 901 on Plan SP258997
175
Lot 902 on Plan SP258997
175
That part of Lot 903 on Plan SP258997 excluding former Portions 132 and 133 on Plan CG155
175
That part of Lot 161 on Plan SP260155 excluding former Portion 82 on Plan MCH3326 and an area of former Road (Esplanade) abutting Noosa River as shown on Plan T16314
136
Lot 162 on Plan SP260155
136
Lot 2 on Plan SP262587
192
Lot 6 on Plan SP262587
192
That part of Lot 743 on Plan SP262587 excluding the area described in Schedule 5 Clause 2(b)(xlvi)
192
Lot 23 on Plan SP262593
10
Lot 365 on Plan SP269087
31
Lot 66 on Plan SP269720
26
Lot 62 on Plan SP269721
43, 45
Lot 77 on Plan SP269722
44
Lot 79 on Plan SP269722
44
Lot 11 on Plan SP269723
45
Lot 1 on Plan SP269725
64
Lot 26 on Plan SP269726
110
Lot 65 on Plan SP269727
116
Lot 8 on Plan SP269728
66
Lot 95 on Plan SP269729
66
Lot 16 on Plan SP269730
64
Lot 90 on Plan SP269731
66
Lot 87 on Plan SP269732
68
Lot 256 on Plan SP269733
66
Lot 43 on Plan SP269737
66
Lot 48 on Plan SP269738
66
Lot 59 on Plan SP269739
66
Lot 31 on Plan SP269741
65
That part of Lot 104 on Plan SP272967 excluding former Portion 532 on Plan CG3803
190
Lot 348 on Plan SP273754
31
*
Lot 46 on Plan SP273758
123
*
Lot 63 on Plan SP273765
66
Lot 34 on Plan SP273768
4
Lot 15 on Plan SP273775
3
Lot 47 on Plan SP273777
146
Lot 219 on Plan SP273778
186
*
Lot 1905 on Plan SP273784
25
Lot 43 on Plan SP277908
66
*
Lot 44 on Plan SP277908
66
Lot 1 on Plan SP278635
128
Lot 2 on Plan SP278635
128
Lot 3 on Plan SP278635
128
Lot 28 on Plan SP279631
5
Lot 13 on Plan SP283826
46
Lot 143 on Plan SP283832
17
That part of Lot 172 on Plan SP284457 excluding former Lot 156 on Plan CP904560
137
Lot 20 on Plan SP284459
134
Lot 490 on Plan SP287419
93
Lot 491 on Plan SP287419
93
Lot 492 on Plan SP287419
93
That part of Lot 67 on Plan SP290338 excluding the area described in Schedule 5 Clause 2(b)(xi)
192
Lot 1 on Plan SP290992
212
Lot 50 on Plan SP291584
66
Lot 95 on Plan SP291585
66
That part of Lot 14 on Plan SP295888 excluding former Allotment 10 of Section 17 on Plan T1632, an area of former Road being that part of Toolar Street abutting Allotments 1 to 4 of Section 19 and Allotments 7 to 10 of Section 17 on Plan T1632 and areas of former Road delineated by stations 4-9-10-5-4 and stations 6-11-12-7-6 on Plan SP221092
134
Lot 13 on Plan SP299673
71
Lot 900 on Plan SP299982
186
That part of Lot 518 on Plan SP300406 excluding the area described in Schedule 5 Clause 2(b)(xxix), former area of Trustee Lease 602825768 also identified as ‘Lease Area (No. 602825766)’ on Plan IS142058 and former areas of Trustee Leases 602825765 and 602825767 as delineated in red in the Sketch Plan attached to the respective lease documents
192
Lot 31 on Plan SP300415
192
That part of Lot 264 on Plan SP306843 excluding an area of Road delineated by stations B-3-4-C-B on Plan SP306841
167
That part of Lot 3 on Plan SP312324 excluding former Portion 341 on Plan CG2778
176
That part of Lot 75 on Plan SP315347 excluding former Portion 65 on Plan MCH2650
145
That part of Lot 21 on Plan SP316730 excluding former Portion 14 on Plan CG1944, former Portion 17 on Plan CG1285 and an area of former Road delineated by stations 10-11-12-6-7-13-10 on Plan B63249
213, 214
That part of Lot 2 on Plan SP318220 excluding former Selection 309 on Plan MPH4987 and former MHL 4745 on Plan MPH6215
64
Lot 100 on Plan SP326158
200
That part of Lot 1 on Plan SP327620 excluding former Part A of R930 on Plan CG3225
205, 213, 216
That part of Lot 1 on Plan SP327710 excluding the area described in Schedule 5 Clause 2(b)(ii)
192
Lot 3 on Plan SP327711
192
Lot 4 on Plan SP327711
192
Lot 5 on Plan SP327711
192
Lot 100 on Plan SP328637
201
Lot 101 on Plan SP328637
201
Lot 102 on Plan SP328637
201
Lot 103 on Plan SP328637
201
Lot 104 on Plan SP328637
201
Lot 101 on Plan SP329108
200
Lot 102 on Plan SP329108
200
Lot 1 on Plan SP329738
31
Lot 2 on Plan T4021
19
Lot 3 on Plan T4021
19
Lot 10 on Plan T4021
19
Lot 31 on Plan T4021
19
Lot 36 on Plan T4021
19
Lot 37 on Plan T4021
19
Lot 38 on Plan T4021
19
Lot 39 on Plan T4021
19
Lot 47 on Plan T4021
19
Lot 48 on Plan T4021
19
Lot 1 on Plan T4041
20
Lot 2 on Plan T4041
20
Lot 3 on Plan T4041
20
Lot 5 on Plan T4041
20
Lot 6 on Plan T4041
20
Lot 25 on Plan T9242
91
Lot 1 on Plan T9243
91
Lot 2 on Plan T9243
91
Lot 3 on Plan T9243
91
Lot 4 on Plan T9243
91
Lot 5 on Plan T9243
91
Lot 6 on Plan T9243
91
Lot 7 on Plan T9243
91
Lot 8 on Plan T9243
91
Lot 9 on Plan T9243
91
Lot 10 on Plan T9243
91
Lot 11 on Plan T9243
91
Lot 12 on Plan T9243
91
Lot 13 on Plan T9243
91
Lot 14 on Plan T9243
91
Lot 15 on Plan T9243
91
Lot 16 on Plan T9243
91
Lot 17 on Plan T9243
91
Lot 18 on Plan T9243
91
Lot 19 on Plan T9243
91
Lot 20 on Plan T9243
91
Lot 21 on Plan T9243
91
Lot 22 on Plan T9243
91
Lot 23 on Plan T9243
91
Lot 24 on Plan T9243
91
Lot 7 on Plan USL14648
191
Lot 2 on Plan USL15262
205
Lot 25 on Plan USL20914
130
Lot 26 on Plan USL20914
130
Lot 27 on Plan USL20914
130
Lot 28 on Plan USL20914
130
Lot 26 on Plan USL26406
215
Lot 43 on Plan USL26406
215
That part of Lot 314 on Plan USL26441 excluding former Portion 26 on Plan M115111
210
Lot 1 on Plan USL26498
207
Lot 51 on Plan USL26498
207
Lot 14 on Plan USL26508
205, 207
Lot 31 on Plan USL26508
207
Lot 1 on Plan USL26509
207
Lot 7 on Plan USL26509
207
Lot 19 on Plan USL26639
201
Lot 21 on Plan USL26639
201
Lot 23 on Plan USL26639
201
Lot 25 on Plan USL26639
201
That part of Lot 28 on Plan USL30824 excluding former Allotment 11 of Section 3 on Plan N21818
138
Lot 29 on Plan USL30906
92, 132
Lot 5 on Plan USL30950
135
Lot 66 on Plan USL31034
177
Lot 12 on Plan USL31140
112
Lot 8 on Plan USL31361
143
Lot 42 on Plan USL31423
123
*
Lot 43 on Plan USL31423
123
*
Lot 44 on Plan USL31423
123
*
Lot 45 on Plan USL31429
123
*
Lot 27 on Plan USL31463
107
*
Lot 170 on Plan USL35342
82
Lot 189 on Plan USL36739
192
Lot 71 on Plan USL37307
64
Lot 128 on Plan USL37342
71
Lot 9 on Plan USL37807
38
Lot 14 on Plan USL38709
17
Lot 14 on Plan USL38837
9
Lot 23 on Plan USL38917
17
Lot 21 on Plan USL39154
68
Lot 16 on Plan USL43357
23
Lot 13 on Plan USL43374
27, 33
Lot 53 on Plan USL43377
21
Lot 70 on Plan USL43377
21
Lot 14 on Plan USL43378
24
Lot 62 on Plan USL43380
21
Lot 44 on Plan USL43389
21
Lot 21 on Plan USL43434
28
Lot 22 on Plan USL43434
28
Lot 23 on Plan USL43434
28
Lot 24 on Plan USL43434
28
Lot 27 on Plan USL43434
28
Lot 132 on Plan USL43469
38
Lot 40 on Plan USL46243
56
Lot 28 on Plan USL46313
104, 114
Lot 50 on Plan USL46317
105
Lot 365 on Plan USL54927
138
Lot 35 on Plan W7533
216
Lot 253 on Plan W37124
24
Lot 58 on Plan W39484
10
Lot 330 on Plan W39796
31
Lot 170 on Plan W39824
17
Lot 199 on Plan W39877
14
Lot 1 on Plan W75326
216
Lot 201 on Plan WP3351
209
Lot 202 on Plan WP3351
209
Lot 203 on Plan WP3351
209
Lot 204 on Plan WP3351
209
Lot 205 on Plan WP3351
209
Lot 206 on Plan WP3351
209
Lot 207 on Plan WP3351
209
Lot 208 on Plan WP3351
209
Lot 209 on Plan WP3351
209
Lot 210 on Plan WP3351
209
Lot 211 on Plan WP3351
209
Lot 212 on Plan WP3351
209
Lot 301 on Plan WP3351
209
Lot 302 on Plan WP3351
209
Lot 303 on Plan WP3351
209
Lot 304 on Plan WP3351
209
Lot 305 on Plan WP3351
209
Lot 306 on Plan WP3351
209
Lot 307 on Plan WP3351
209
Lot 308 on Plan WP3351
209
Lot 309 on Plan WP3351
209
Lot 310 on Plan WP3351
209
Lot 311 on Plan WP3351
209
Lot 312 on Plan WP3351
209
Lot 413 on Plan WP3351
209
Lot 414 on Plan WP3351
209
Lot 415 on Plan WP3351
209
Lot 416 on Plan WP3351
209
Lot 417 on Plan WP3351
209
Lot 418 on Plan WP3351
209
Lot 514 on Plan WP3351
209
Lot 515 on Plan WP3351
209
Lot 516 on Plan WP3351
209
Lot 517 on Plan WP3351
209
Lot 814 on Plan WP3351
209
Lot 815 on Plan WP3351
209
Lot 816 on Plan WP3351
209
Lot 817 on Plan WP3351
209
Lot 924 on Plan WP3351
209
Lot 925 on Plan WP3351
209
Lot 926 on Plan WP3351
209
Lot 14 on Plan Y16410
130
Lot 5 on Plan Y16420
130
An area identified as Road (part of Roys Road) and formerly described as Lot 500 on Plan SP269359
195, 196
#
An area identified as Road (part of Roys Road) and formerly described as Lot 501 on Plan SP269359
195
#
An area identified as Road (part of Roys Road) and formerly described as Lot 502 on Plan SP269359
196
#
An area identified as Road (part of Roys Road and Bruce Highway Intersection) and formerly described as Lot 503 on Plan SP269359
196
#
An area identified as Road (part of Roys Road and Bruce Highway Intersection) and formerly described as Lot 504 on Plan SP269359
196
#
An area identified as Road (part of Bells Creek Road and Bruce Highway Intersection) and formerly described as Lot 505 on Plan SP269359
196
#
An area identified as Road (part of Bells Creek Road and Bruce Highway Intersection) and formerly described as Lot 506 on Plan SP269359
196
#
An area identified as Road (part of Bells Creek Road) and formerly described as Lot 507 on Plan SP269359
196
#
An area identified as Road (part of Roys and Coochin Roads) and formerly described as Lot 508 on Plan SP278713
198
#
An area identified as Road (part of Roys and Coochin Roads) and formerly described as Lot 509 on Plan SP278713
196, 198
#
An area identified as Road (part of East Deep Creek Road) and delineated by stations 2-3-4-5-9-2 on Plan SP299673
71
#
An area identified as Road (part of Gympie Connection Road) and formerly described as Lot 491 on Plan SP268663
64
#
An area identified as Road and formerly described as Lot 57 on Plan SP269736
59
#
An area identified as Road and formerly described as Lot 21 on Plan USL37366
59
#
An area identified as Road (part of Burke Street) and delineated by stations 2-3-4-5-6-7-11-13-14-15-16-2 on Plan SP300406 excluding former area of Trustee Lease 602825765 as delineated in red in the Sketch Plan attached to the lease document
192
#
An area identified as New Road and delineated by stations 20-7-6-21-20 on Plan SP306841
167
#
An area identified as New Road (part of Margaret Street) and delineated by stations 1-8-7-1 on Plan SP323200
171
#
An area identified as Road (part of Donnybrook Road and the Bruce Highway Intersection) and formerly described as Lot 100 on Plan SP269532
202
#
An area identified as Road and formerly described as Lot 100 on Plan SP300755
39, 60
#
An area identified as Road (part of Donnybrook Road and the Bruce Highway Intersection) and formerly described as Lot 101 on Plan SP269532 excluding former Portion 21V on Plan C311151
202
#
An area identified as Road and formerly described as Lot 101 on Plan SP300755
39, 60
#
An area identified as Road (part of the Bruce Highway) and formerly described as Lot 102 on Plan SP269532
202
#
An area identified as Road and formerly described as Lot 102 on Plan SP300755
36, 38
#
An area identified as Road (part of Steve Irwin Way and the Bruce Highway Intersection) and formerly described as Lot 103 on Plan SP269532
202
#
An area identified as Road and formerly described as Lot 103 on Plan SP300755
36
#
An area identified as New Road (part of Cotterill Avenue) as shown on Plan SP316730
214
#
An area identified as Road and delineated by stations 13-14-9-10-11-12-13 on Plan SP315347
145
#
All waterways, natural lakes, creeks and rivers within the External Boundary described in Schedule 3:
including but not limited to:
a) Burrum River;
b) Calico Creek;
c) Doongul Creek;
d) Kandanga Creek;
e) Maroochy River;
f) That part of Mary River excluding the areas described in Schedule 5 Clause 2(b)(li) and 2b(lii);
g) Munna Creek;
h) Myrtle Creek;
i) Noosa River;
j) Obi Obi Creek;
k) South Maroochy River;
l) Teebar Creek;
m) Tinana Creek; and
n) That part of Yabba Creek excluding the areas described in Schedule 5 Clause 2(b)(liii),
but excluding:
a) any areas listed in Schedule 5 of this determination;
b) any waters forming part of a lot on plan which is not otherwise included in the lot on plan descriptions contained in the first column of the table above; and
c) the areas described, whether by current or former description, as:
i. Portion 1 on Plan C311;
ii. Portion 21 on Plan C3134;
iii. Portion 23 on Plan C3135;
iv. Portion 50 on Plan C3164;
v. Portion 15 on Plan C31120;
vi. Portion 8 on Plan C31129;
vii. Portion 25 on Plan C31156;
viii. Portion 43 on Plan C31177;
ix. Portion 80A on Plan C31227;
x. Portion 54 on Plan C31254;
xi. Portion 19 on Plan C31394;
xii. Portion 71 on Plan C31418;
xiii. Portion 13A on Plan C31505;
xiv. Portion 27 on Plan C31619;
xv. Portion 145 on Plan C31653;
xvi. Portion 128 on Plan C31672;
xvii. Portion 82 on Plan C31715;
xviii. Portion 1132 on Plan C311681;
xix. Portion 239 on Plan CG197;
xx. Portion 1 on Plan CG318;
xxi. Portion 2 on Plan CG318;
xxii. Portion 3 on Plan CG318;
xxiii. Portion 463 on Plan CG612;
xxiv. Portion 326 on Plan CG732;
xxv. Portion 10A on Plan CG1113;
xxvi. Portion 362 on Plan CG1117;
xxvii. Portion 367 on Plan CG1038;
xxviii. Portion 489 on Plan CG3007;
xxix. Portion 564 on Plan CG3964;
xxx. Lot 98 on Plan CG4657;
xxxi. Lot 186 on Plan CG4657;
xxxii. Lot 158 on Plan CP901989;
xxxiii. Portion 610 on Plan L37380;
xxxiv. Portion 37 on Plan M3720;
xxxv. Portion 332 on Plan M37159;
xxxvi. Portion 396 on Plan M37322;
xxxvii. Portion 1527 on Plan M37704;
xxxviii. Portion 92V on Plan M371038;
xxxix. Portion 93V on Plan M371038;
xl. Portion 85 on Plan MCH3424;
xli. Portion 86 on Plan MCH3424;
xlii. Portion 87 on Plan MCH3424;
xliii. Portions 462 and 463 Parish of Bribie County of Canning;
xliv. Portions 450 to 457 Parish of Mooloolah County of Canning;
xlv. Portion 708 Parish of Maroochy County of Canning;
xlvi. Portion 709 Parish of Maroochy County of Canning;
xlvii. An area of Road as delineated by stations 1-11-10-2-1 on Plan C31715;
xlviii. An area of former Road delineated by stations 16-15-14-13-12b-12-11-9a-9-11a-12a-12c-14a-15a-16a-16 on Plan CG1038;
xlix. An area of former Road delineated by stations 29-28a-27a-26a-30a-30-26-27-28 on Plan CG1117 – then to station 16 on Plan CG1038 – then back to station 29 on Plan CG1117;
l. An area of Road as delineated by stations 13-13a-10a-10-13 on Plan MCH3658;
li. An area of Road as delineated by stations 31-32-33-33a-32v-31a-31 on Plan MCH1017;
lii. That part of Keys Creek that intersects the road corridor of Main Street in the locality of Kin Kin; and
liii. That part of Kin Kin Creek that intersects the road corridor of Old Wahpunga Road in the locality of Kin Kin.
I am satisfied that this summary accurately encapsulates relevant connection material.
RELEVANT LEGISLATION
Section 81 of the Native Title Act provides:
Jurisdiction of the Federal Court
The Federal Court has jurisdiction to hear and determine applications filed in the Federal Court that relate to native title and that jurisdiction is exclusive of the jurisdiction of all other courts except the High Court.
Section 87A of the Native Title Act empowers the Federal Court to make orders in relation to part of a claimed area. As I have noted, the agreement, and determination currently sought, concerns Part A of the claim area as previously explained. Section 87A provides:
87A Power of Federal Court to make determination for part of an area
Application
(1) This section applies if:
(a)there is a proceeding in relation to an application for a determination of native title;
(b)at any stage of the proceeding after the end of the period specified in the notice given under section 66, agreement is reached on a proposed determination of native title in relation to an area (the determination area) that is part of, but not all of, the area covered by the application; and
(c) all of the following are parties to the agreement:
(i)the applicant;
(ii)each registered native title claimant in relation to any part of the determination area who is a party to the proceeding at the time the agreement is made;
(iv)each representative Aboriginal/Torres Strait Islander body for any part of the determination area who is a party to the proceeding at the time the agreement is made;
(v)each person who holds an interest in relation to land or waters in any part of the determination area at the time the agreement is made, and who is a party to the proceeding at the time the agreement is made;
(vi)each person who claims to hold native title in relation to land or waters in the determination area and who is a party to the proceeding at the time the agreement is made;
(vii) the Commonwealth Minister, if the Commonwealth Minister is a party to, or is intervening in, the proceeding at the time the agreement is made;
(viii)if any part of the determination area is within the jurisdictional limits of a State or Territory, the State or Territory Minister for the State or Territory if the State or Territory Minister is a party to the proceeding at the time the agreement is made;
(ix) any local government body for any part of the determination area who is a party to the proceeding at the time the agreement is made; and
(d)the terms of the proposed determination are in writing and signed by or on behalf of each of those parties.
Note: For agreements reached in relation to the whole of the area covered by the application, see section 87.
When a registered native title claimant is taken to be a party to the agreement
(1A)The requirements that a registered native title claimant be a party to the agreement and sign the terms of the proposed determination are satisfied if:
(a)a majority of the persons who comprise the registered native title claimant are parties to the agreement and sign the terms, unless paragraph (b) applies; or
(b)if conditions under section 251BA on the authority of the registered native title claimant provide for the persons who must become a party to the agreement and sign the terms—those persons are parties to the agreement and sign the terms.
(1B)The persons in the majority must notify the other persons who comprise the registered native title claimant within a reasonable period after becoming parties to the agreement and signing the terms, as mentioned in paragraph (1A)(a). A failure to comply with this subsection does not invalidate the agreement or any signature.
Proposed determination may be filed with the Court
(2)A party to the agreement may file a copy of the terms of the proposed determination of native title with the Federal Court.
Certain parties to the proceeding to be given notice
(3)The Federal Court Chief Executive Officer must give notice to the other parties to the proceeding that the proposed determination of native title has been filed with the Court.
Orders may be made
(4)The Court may make an order in, or consistent with, the terms of the proposed determination of native title without holding a hearing, or if a hearing has started, without completing the hearing, if the Court considers that:
(a)an order in, or consistent with, the terms of the proposed determination would be within its power; and
(b) it would be appropriate to do so.
Note: As the Court’s order involves making a determination of native title, the order needs to comply with section 94A (which deals with the requirements of native title determination orders).
(5)Without limiting subsection (4), if the Court makes an order under that subsection, the Court may also make an order under this subsection that gives effect to terms of the agreement that involve matters other than native title if the Court considers that:
(a) the order would be within its power; and
(b) it would be appropriate to do so.
(6)The jurisdiction conferred on the Court by this Act extends to making an order under subsection (5).
(7)The regulations may specify the kinds of matters other than native title that an order under subsection (5) may give effect to.
Objections
(8)In considering whether to make an order under subsection (4) or (5), the Court must take into account any objections made by the other parties to the proceedings.
Agreed statement of facts
(9)If some or all of the parties to the proceeding have reached agreement on a statement of facts, one of those parties may file a copy of the statement with the Court.
(10)Within 7 days after a statement of facts agreed to by some of the parties to the proceeding is filed, the Federal Court Chief Executive Officer must give notice to the other parties to the proceeding that the statement has been filed with the Court.
(11)In considering whether to make an order under subsection (4) or (5), the Court may accept a statement of facts that has been agreed to by some or all of the parties to the proceedings but only if those parties include:
(a) the applicant; and
(b)the party that the Court considers was the principal government respondent in relation to the proceedings at the time the agreement was reached.
(12)In considering whether to accept under subsection (11) a statement of facts agreed to by some of the parties to the proceedings, the Court must take into account any objections that are made by the other parties to the proceedings within 21 days after the notice is given under subsection (10).
(13)A reference in subsections (9) to (12) to the parties to the proceeding includes a reference to the Commonwealth Minister if the Commonwealth Minister is intervening in the proceeding at the time a statement of facts is agreed.
Under s 87A of the Native Title Act the Court may make an order in, or consistent with, the terms of the proposed determination of native title without holding a hearing, or if a hearing has started, without completing the hearing, if the Court considers that an order in, or consistent with, the terms of the proposed determination would be within its power; and it would be appropriate to do so. Section 87A(1)(c) lists required parties to an agreement under s 87A.
ORDERS SOUGHT
Materially, the consent orders sought by the Kabi Kabi Applicant include the following:
1.There be a determination of native title in the terms set out below (the determination).
2. The determination will take effect upon the agreement referred to in paragraph 1(a) of Schedule 2 being registered on the Register of Indigenous Land Use Agreements.
3. In the event that the agreement referred to in order 2 is not registered on the Register of Indigenous Land Use Agreements within seven (7) months of the date of this order or such later time as this Court may order, the matter is to be listed for further directions.
4. Each party to the proceedings is to bear its own costs.
5.The determination area is the land and waters described in Schedule 4 and depicted in the map attached to Schedule 6 to the extent those areas are within the External Boundary and not otherwise excluded by the terms of Schedule 5 (the Determination Area). To the extent of any inconsistency between the written description and the map, the written description prevails.
6. Native title exists in the Determination Area.
7. The native title is held by the Kabi Kabi People described in Schedule 1 (the Native Title Holders).
8. Subject to orders 9, 10 and 11 below the nature and extent of the native title rights and interests in relation to the land and waters described in Schedule 4 are the nonexclusive rights to:
(a)access, be present on, move about on and travel over the area;
(b)camp on the area, and for that purpose, erect temporary shelters on the area;
(c)take resources of the area for any purpose;
(d)take and use the Water of the area for personal, domestic and non-commercial communal purposes (including cultural and spiritual purposes);
(e) participate in cultural activities on the area;
(f) be buried and bury Native Title Holders within the area;
(g) maintain places of importance and areas of significance to the Native Title Holders under their laws and customs and protect those places and areas from physical harm;
(h) teach on the area the physical and spiritual attributes of the area;
(i) hold meetings on the area; and
(j) light fires on the area for domestic purposes including cooking, but not for the purpose of hunting or clearing vegetation.
9. The native title rights and interests are subject to and exercisable in accordance with:
(a) the Laws of the State and the Commonwealth; and
(b) the traditional laws acknowledged and traditional customs observed by the Native Title Holders.
10.The native title rights and interests referred to in order 8 do not confer on the Native Title Holders:
(a) possession, occupation, use or enjoyment to the exclusion of all others;
(b) any right to access or take:
(i) minerals as defined in the Mineral Resources Act 1989 (Qld); or
(ii) petroleum as defined in the Petroleum Act 1923 (Qld) and the Petroleum and Gas (Production and Safety) Act 2004 (Qld).
11. There are no native title rights in or in relation to minerals as defined by the Mineral Resources Act 1989 (Qld) and petroleum as defined by the Petroleum Act 1923 (Qld) and the Petroleum and Gas (Production and Safety) Act 2004 (Qld).
12. The nature and extent of any other interests in relation to the Determination Area (or respective parts thereof) are set out in Schedule 2 (the Other Interests).
13. The relationship between the native title rights and interests described in order 8 and the Other Interests described in Schedule 2 is that:
(a) the Other Interests continue to have effect, and the rights conferred by or held under the Other Interests may be exercised notwithstanding the existence of the native title rights and interests;
(b) to the extent the Other Interests are inconsistent with the continued existence, enjoyment or exercise of the native title rights and interests in relation to the land and waters of the Determination Area, the native title continues to exist in its entirety but the native title rights and interests have no effect in relation to the Other Interests to the extent of the inconsistency for so long as the Other Interests exist; and
(c) the Other Interests and any activity that is required or permitted by or under, and done in accordance with, the Other Interests, or any activity that is associated with or incidental to such an activity, prevail over the native title rights and interests and any exercise of the native title rights and interests.
DEFINITIONS AND INTERPRETATION
14. In this determination, unless the contrary intention appears:
“External Boundary” means the area described in Schedule 3;
"High Water Mark" means the ordinary high-water mark at spring tides;
"land" and "waters", respectively, have the same meanings as in the Native Title Act 1993 (Cth);
"Laws of the State and the Commonwealth" means the common law and the laws of the State of Queensland and the Commonwealth of Australia, and includes legislation, regulations, statutory instruments, local planning instruments and local laws;
“Local Government Act” has the meaning given in the Local Government Act 2009 (Qld);
“Local Government Area” has the meaning given in the Local Government Act 2009 (Qld);
“Native Title Determination Application” means the Kabi Kabi People native title determination application accepted for filing on 8 November 2023 in QUD20 of 2019;
“Reserve” means a reserve dedicated or taken to be a reserve under the Land Act 1994 (Qld);
"Water" means:
(a) water which flows, whether permanently or intermittently, within a river, creek or stream;
(b) any natural collection of water, whether permanent or intermittent;
(c) water from an underground water source; and
(d) tidal water;
“Water Infrastructure” has the same meaning as:
(a) that phrase in the South-East Queensland Water (Distribution and Retail Restructuring) Act 2009 (Qld); and
(b) “service provider’s infrastructure” in the Water Supply (Safety and Reliability) Act 2008 (Qld); and
“Works” has the same meaning as in the Electricity Act 1994 (Qld).
Other words and expressions used in this determination have the same meanings as they have in Part 15 of the Native Title Act 1993 (Cth).
The Applicant also sought orders that native title be held in trust, and that the Kabi Kabi Peoples Aboriginal Corporation (ICN: 8996), incorporated under the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Cth):
(a)be the prescribed body corporate for the purpose of ss 56(2)(b) and 56(3) of the Native Title Act; and
(b)perform the functions mentioned in s 57(1) of the Native Title Act after becoming a registered native title body corporate.
POWER OF THE COURT AND APPROPRIATENESS OF ORDERS SOUGHT
Section 94A of the Native Title Act provides:
Order containing determination of native title
An order in which the Federal Court makes a determination of native title must set out details of the matters mentioned in section 225 (which defines determination of native title).
(emphasis in original)
Key concepts for present purposes are those set out in ss 223, 224 and 225 of the Native Title Act. These sections provide as follows :
223 Native title
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.
Statutory rights and interests
(3)Subject to subsections (3A) and (4), if native title rights and interests as defined by subsection (1) are, or have been at any time in the past, compulsorily converted into, or replaced by, statutory rights and interests in relation to the same land or waters that are held by or on behalf of Aboriginal peoples or Torres Strait Islanders, those statutory rights and interests are also covered by the expression native title or native title rights and interests.
Note: Subsection (3) cannot have any operation resulting from a future act that purports to convert or replace native title rights and interests unless the act is a valid future act.
…
224 Native title holder
The expression native title holder, in relation to native title, means:
(a)if a prescribed body corporate is registered on the National Native Title Register as holding the native title rights and interests on trust—the prescribed body corporate; or
(b)in any other case—the person or persons who hold the native title.
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 Kabi Kabi People assert that, under the traditional laws which they acknowledge and the traditional customs they observe, they possess rights and interests in the determination area, and further that by those laws and customs they have a connection with the determination area as native title holders.
I noted earlier in this judgment that a concluded agreement under s 87A of the Native Title Act has been presented to the Court by way of filing. As Moshinsky J observed in Saltmere on behalf of the Indjalandji-Dhidhanu People v Northern Territory of Australia (Rocklands Pastoral Lease Proceeding) [2022] FCA 1040:
22.The principles applicable to s 87 were discussed by Mortimer J in Freddie v Northern Territory [2017] FCA 867 at [15]- [24]. Although that discussion related to s 87 (rather than both s 87 and s 87A) , I consider the principles there set out to be applicable also to s 87A. I note, in particular, the following passages of her Honour’s judgment:
15.In order to be satisfied that the orders sought are within the power of the Court, consideration must be given to other restrictions or requirements in the Native Title Act. For example, the area covered by the orders must not overlap with any other application for determination of native title (s 67(1)); similarly, the area covered by the orders cannot have been the subject of a previously approved determination of native title (s 68). Further, the orders sought will only be within power if they set out the details of the matters required by s 225 (see s 94A) and if they concern rights and interests which the Australian common law is able to recognise (s 223(1)(c)).
16.The Court’s function under s 87 is quite different from its function in a contested application for a determination of native title, and this difference has been confirmed in many authorities of this Court: ...
17.The Court’s function under s 87, and its discretion, must also be understood in the context of the Native Title Act’s emphasis on negotiation and alternative dispute resolution, whereby one particular object of the Native Title Act is to resolve claims to native title without judicial determination in a contested proceeding: ...
18.The concept of “appropriateness” in s 87(1A) also recognises that the determination made by the Court is one made as against the whole world, and not just between the parties to the proceeding: Cox on behalf of the Yungngora People v State of Western Australia [2007] FCA 588 at [3] (French J). The rights conferred are enduring legal rights, proprietary in nature and in recognising them through a determination, the Court must be conscious of their character. The nature of the rights informs considerations such as the clarity of the terms of the determination (as to the claim area, the nature of the native title rights and interests and the manner of affectation on other proprietary interests); the need for appropriate notification and then the free and informed consent of all parties; and finally the State’s agreement that there is a credible and rational basis for the determination proposed.
...
21.Since the determination made by the Court must include the matters set out in s 225 of the Native Title Act, there must be some probative material against which the Court can assess whether those matters can be stated in a determination. The principal source will be the parties’ agreed position put to the Court in the proposed orders and determination setting out the matters required by s 225, together with an agreed statement of facts filed pursuant to s 87(8), joint submissions and any supporting documents such as an expert report. ...
22.In Brown v Northern Territory of Australia [2015] FCA 1268 at [23], Mansfield J described the task to be undertaken by the Court in the following way:
The Court is not required to embark upon an inquiry as to the merits of the claim to be itself satisfied that the orders are supported and in accordance with law: Cox on behalf of the Yungngora People v State of Western Australia [2007] FCA 588 at [3] per French J. However, the Court will consider evidence for the limited purpose of determining whether the State has made a rational decision and is acting in good faith: Munn for and on behalf of the Gunggari People v State of Queensland [2001] FCA 129; (2001) 115 FCR 109 at [29]- [30] per Emmett J.
...
24.The Court is entitled to rely on the processes established by a State (or Territory) for the assessment of claims to native title and, without abdicating its task of determining that the matters set out in s 225 are present in a particular application, is entitled to proceed on the basis the State (or Territory) has made a reasonable and rational assessment of the material to which it has access in deciding to enter into a s 87 agreement: see, in relation to a similar point with respect to s 223 of the Act, King on behalf of the Eringa Native Title Claim Group and the Eringa No 2 Native Title Claim Group v State of South Australia [2011] FCA 1387 at [21] (Keane CJ).
Respectfully, I adopt these observations of his Honour, and now find as follows.
Does the Court have power to make the consent determination sought?
It is not in dispute that the native title determination application before the Court has been properly made.
Nor is it in dispute that the native title determination sought is in relation to an area for which there is no approved determination of native title within the meaning of s 13(1)(a) of the Native Title Act.
I am satisfied that there are no other proceedings before the Court relating to native title determination applications that cover any part of the area the subject of the proposed determination which would otherwise require orders to be made under s 67(1) of the Native Title Act.
Finally, the form of the orders proposed complies with s 94A and s 225 of the Native Title Act.
I am satisfied that the Court has power to make the determination sought.
Is it appropriate that the Court make the consent determination sought?
Section 61 of the Native Title Act permits the making of a native title determination application by a person or persons authorised by all the persons who, according to their traditional laws and customs, hold the common or group rights and interests comprising the particular native title claimed, provided the person or persons are also included in the native title claim group. I am satisfied that the applicant in this proceeding was authorised to bring the determination application, because:
·Each of Michael Douglas, Helena Gulash, Norman Bond, Melissa Bond, Cecilia Combo, Kerry Jones and Brian Warner is a member of the Kabi Kabi People claim group;
·Mr Allbrook, the lawyer representing the Applicant, deposed that he received instructions from the seven members of the applicant on behalf of the Kabi Kabi People;
·In her affidavit affirmed 26 February 2019, Ms Anna Rettke, a solicitor employed at that time as a Legal Officer by Queensland South Native Title Services Limited with day to day carriage of the Kabi Kabi application, relevantly deposed:
27. A proposed resolution regarding the appointment of an applicant to replace the current applicant ('the Replacement Applicant') was displayed on the PowerPoint. There was then discussion by the members of the Newly Described Claim Group present at Authorisation Meeting #2 and a general consensus was reached that the Replacement Applicant would be comprised of seven members of the Newly Described Claim Group.
28. Eight members of the Newly Described Claim Group present at Authorisation Meeting 2 nominated for the seven positions as members of the Replacement Applicant. As the number of nominations exceeded the number of individual members to comprise the Replacement Applicant, a secret ballot was conducted to reduce the list to seven persons for the Newly Described Claim Group to consider authorising as the Replacement Applicant:
(a) The name of each nominee was displayed to the meeting for the duration of the voting process.
(b) QSNTS staff members handed a voting slip to each person eligible to vote.
(c) Members of the Newly Described Claim Group cast their vote by writing up to a maximum of seven names on the voting slip and placing the voting slip into one of two ballot boxes.
(d) Matthew Staley and I tallied the votes with members of the Claim Group observing the vote count.
(e) The Chair announced and displayed the names of the seven individuals who gained the highest number of votes and would comprise the proposed group for authorisation as the Replacement Applicant.
29. After all the votes had been tallied, the Chair announced and displayed the names of the seven individuals who gained the highest number of votes and would comprise the proposed group for authorisation as the Replacement Applicant. The following resolutions were then passed by the Newly Described Claim Group:
RESOLUTION 6: AUTHORISATION OF THE REPLACEMENT APPLICANT
That this meeting authorises the following members of the Claim Group as the
Applicant:
(a) to replace the Current Applicant; and
(b) to make the Application under section 668 of the Native Title Act 1993 (Cth) ("NT A") to replace the current Applicant.
And
From the date of this meeting, the Applicant is authorised, subject to the terms and conditions of appointment agreed to and adopted by the meeting, to deal with all matters arising in relation to the Application including making the application under section 64 of the NT A to amend the Kabi Kabi First Nation Traditional Owners claim group description in accordance with the amendments authorised at Authorisation Meeting #1 .
1. Brian Warner
2. Helena Gulash
3. Norman Bond
4. Mick Douglas
5. Kerry Jones
6. Melissa Bond
7. Cecilia Combo
("the Replacement Applicant")
which was moved by Norman Bond, seconded by Kerry Neill and passed unanimously.
30.As a result of the process set out in paragraphs 27 to 29 of this affidavit, the Newly Described Claim Group at Authorisation Meeting #2 authorised the Replacement Applicant and authorised the Replacement Applicant to make an application under section 668 of the Native Title Act 1993 (Cth) ('the NT A') to replace the current applicant and to seek leave to amend the Application pursuant to section 64 of the NTA.
Proposed second further amended application
31. Annexed to this affidavit and marked 'APR-8' is a proposed second further amended application. The proposed second further amended application incorporates the following amendments as authorised at both Authorisation Meeting #1 and Authorisation Meeting #2 on 16 December 2018.
(a) Name of the Applicant(s) has been amended to reflect changes to the Applicant.
(b) Part A - 2 has been amended in light of the authorisation meeting held on 16 December 2018 at which the Replacement Applicant was Authorised to replace the current Applicant.
(c) Schedule A has been amended to provide the amended description of the claim group as authorised on 16 December 2018.
(d) Schedule F - Attachment F has been amended to exclude references to connection information that is no longer relevant due to authorised amendments to the claim group description and to reference the most up to date connection material.
(e) Schedule M - Attachment F has been amended to detail the traditional physical connection of the Kabi Kabi First Nation Traditional Owners as supported by up to date connection material.
(f) Schedule R - has been amended in light of Authorisation Meeting #1 held on 16 December 2018.
(g) Schedule S - has been amended to list the amendments to the amended application contained in the proposed second further amended application.
I have set out the summary of the connection material before the Court, which demonstrates that the agreement of the parties to the making of the determination in this proceeding is “rooted in reality” and has a credible basis: see Robertson J in Clancy on behalf of the Auburn Hawkwood People and State of Queensland [2019] FCA 1908 at [26].
I am satisfied that proper processes have been followed whereby the connection material adduced by the Applicant has been put to the State and other parties.
I am satisfied that the State has taken steps to satisfy itself that there is a credible basis for the present native title application, and is satisfied as to the cogency of the evidence upon which applicants rely: Western Bundjalung People v Attorney General of New South Wales [2017] FCA 992 at [21], Clancy on behalf of the Auburn Hawkwood People and State of Queensland [2019] FCA 1908 at [9]; Ross on behalf of the Cape York United #1 Claim Group v State of Queensland (No 2) (Kuuku Ya’u determination) [2021] FCA 1464 at [92].
The Applicant submitted that apart from the State and the Commonwealth, no other respondent parties sought to independently assess the connection material prepared by the Applicant. I am however satisfied, given the length of time during which this proceeding has been on foot, that the other respondent parties have had the opportunity to do so.
PRESCRIBED BODY CORPORATE
Pursuant to s 56 of the Native Title Act, the Applicant nominated a prescribed body corporate for the determination area to hold native title in trust, namely Kabi Kabi Peoples Aboriginal Corporation (ICN: 8996). In this respect I note evidence of Mr Allbrook in his affidavit including the following:
15.This affidavit outlines the decisions made by the Kabi Kabi First Nation Traditional Owners claim group (Kabi Kabi People) in relation to the establishment and nomination of a Prescribed Body Corporate (PBC) on their behalf.
Authorisation of PBC
4.On 5 February 2019 the Kabi Kabi Peoples Aboriginal Corporation (Kabi Kabi Corporation) was registered under the Corporations (Aboriginal Torres Strait Islander) Act 2006 (Cth). Attached to this affidavit at annexure MA-01 is a true copy of the certificate of registration signed by James Rose, Delegate of the Registrar of Aboriginaland Torres Strait Islander Corporations.
5.On 16 April 2023, two authorisation meetings were held at Oaks Resort, Caloundra, for the Kabi Kabi People to consider a number of decisions relating to the Kabi Kabi Claim. The first authorisation meeting (Authorisation Meeting) related to the consideration and authorisation of a draft section 87 A agreement with proposed orders for a determination of native title to be made by consent. Further, the Kabi Kabi People were asked to appoint a representative to nominate a PBC to hold native title on trust pursuant to the Native Title Act 1993 (Cth) (NTA).
6.Notice of the Authorisation Meeting was made via public notice, letters, email and text messages to the Kabi Kabi People. The public notice was advertised in the Koori Mail on 22 March 2023. Copies of the tear sheet from the above publication advertising the public notice is annexed to this affidavit at MA-02.
…
9.I confirm that I was present at and present through the entirety of the Authorisation Meeting and the information sessions which preceded it. I attended the Authorisation Meeting as the solicitor on the record for the Kabi Kabi Claim and I provided legal advice in relation to aspects of the proposed decisions, including the functions of a PBC under the NTA.
10. After the Kabi Kabi People discussed the purpose of a PBC, the Chairperson of the Authorisation Meeting, Mr Darryl Pearce, read a resolution to the Kabi Kabi People. Following the reading of the resolution, the resolution was moved and seconded. A vote was conducted and the Kabi Kabi People passed a resolution to nominate the Kabi Kabi Corporation as the PBC to hold on trust the native title rights and interests of the Kabi Kabi People. Annexed to my affidavit and marked MA-03 is a true and correct copy of the resolution passed by the claim group at the Authorisation Meeting held on 16 April 2023.
11.The Kabi Kabi People appointed Mr Norman Bond to be their representative to indicate to the Federal Court of Australia (Court) that they intended to have their native title rights and interests held on trust by the Kabi Kabi Corporation. Mr Bond is known to me as a member of the Kabi Kabi People as a descendant of two apical ancestors of the Kabi Kabi People identified in the proposed minute of consent determination:
(a) Albert Williams; and
(b) Maggie Cadenti/Cadente/Cantidi: “Maggie”.
12. In addition, Mr Bond is well known to me as a member of the Kabi Kabi applicant and he is one of seven persons from whom I receive instructions on behalf of the wider group.
Nomination of PBC
13. In a letter dated 22 May 2024, Mr Bond formally nominated, in writing to the Court, Kabi Kabi Corporation to be determined under section 56 of NTA as the trustee PBC to perform the functions specified in section 57(1) of the NTA upon determination of native title. Annexed to my affidavit and marked MA-04 is a true copy of Mr Bond’s formal nomination to the Court and covering email.
14. It is my understanding that on 22 May 2024, the members of Kabi Kabi Corporation met and resolved to accept the nomination of the Kabi Kabi People to be its trustee PBC upon determination. Annexed to my affidavit and marked MA-05 is a true copy of the Kabi Kabi Corporations’ written consent and confirmation of its acceptance of the nomination as PBC and covering email.
15. Annexed to my affidavit and marked MA-06 is the current Rule Book of the Kabi Kabi Corporation. Kabi Kabi Corporation has received legal advice to ensure that the Rule Book is compliant with the specific requirements for it to operate as a PBC.
I accept this evidence in respect of the Kabi Kabi Peoples Aboriginal Corporation.
CONCLUSION
In conclusion, I am satisfied that the proposed consent determination satisfies the requirements of ss 94A and 225 of the Native Title Act because:
·the persons holding the common or group rights comprising the native title are properly identified;
·the nature and extent of the native title rights and interests in relation to the proposed determination area are properly described;
·the nature and extent of other interests in relation in the determination area are properly described, and are set out in Schedule 2 of the section 87A Agreement;
·the relationship between the rights asserted and interests claimed is appropriately addressed; and
·the proposed consent determination states that the native title rights and interests do not confer possession, occupation, use and enjoyment of the land or waters on the native title holders to the exclusion of all others.
Accordingly, I am satisfied that the consent orders proposed by the parties:
·are in pursuance of an agreement under s 87A of the Native Title Act which has been freely made by the parties on an informed basis; and
·are within the power of the Court to make; and
·are appropriate for the Court to make.
I certify that the preceding fifty-one (51) numbered paragraphs are a true copy of the Reasons for Judgment of the Honourable Acting Chief Justice Collier. Associate:
Dated: 17 June 2024
SCHEDULE OF PARTIES
QUD 20 of 2019 Applicants
Second Applicant:
HELENA GULASH
Third Applicant:
CECILIA COMBO
Fourth Applicant:
MELISSA BOND
Fifth Applicant:
NORMAN BOND
Sixth Applicant:
KERRY JONES
Seventh Applicant BRIAN WARNER Respondents
Fourth Respondent:
GYMPIE REGIONAL COUNCIL
Fifth Respondent:
MORETON BAY REGIONAL COUNCIL
Sixth Respondent:
NOOSA SHIRE COUNCIL
Seventh Respondent:
SUNSHINE COAST REGIONAL COUNCIL
Eighth Respondent:
FRASER COAST REGIONAL COUNCIL
Ninth Respondent:
SOMERSET REGIONAL COUNCIL
Tenth Respondent:
ENERGEX LIMITED ABN 40 078 849 055
Eleventh Respondent:
ERGON ENERGY CORPORATION LIMITED ACN 087 646 062
Twelfth Respondent:
AUSTRALIAN GAS NETWORKS (QLD) LIMITED ACN 009 760 883
Thirteenth Respondent:
NORTHERN SEQ DISTRIBUTER-RETAILER AUTHORITY TRADING AS UNITYWATER
Fourteenth Respondent:
TELSTRA CORPORATION LIMITED ACN 051 775 556
Fifteenth Respondent:
CATHERINE ANNE HARRIS
Sixteenth Respondent:
QUEENSLAND BULK WATER SUPPLY AUTHORITY TRAADING AS SEQWATER
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