FEDERAL COURT OF AUSTRALIA
Drury on behalf of the Nanda People v State of Western Australia [2018] FCA 1849
File numbers: WAD 6136 of 1998
WAD 286 of 2018Judge: MORTIMER J Date of judgment: 28 November 2018 Catchwords: NATIVE TITLE – consent determination – agreement of the parties – requirements of ss 87 and 87A of the Native Title Act 1993 (Cth) satisfied – appropriate to make orders Legislation: Australian Telecommunications Corporation Act 1989 (Cth)
Conservation and Land Management Act 1984 (WA)
Federal Court of Australia Act 1976 (Cth), ss 37M, 37N
Native Title Act 1993 (Cth), ss 23C(2), 47A, 47B, 55, 56, 61, 62A, 66, 87, 87A, 94A, 212, 223, 225, 251D
Post and Telegraph Act 1901 (Cth)
Rights in Water and Irrigation Act 1914 (WA), s 101
Telecommunications Act 1975 (Cth)
Telecommunications Act 1991 (Cth)
Telecommunications Act 1997 (Cth)
Native Title (Prescribed Bodies Corporate) Regulations 1999 (Cth), reg 4(2)(b)
Dampier to Bunbury Pipeline Act 1997 (WA), ss 34, 36, 41(2)(b)
Land Acquisition and Public Works Act 1902 (WA)
Mining Act 1904 (WA) (repealed)
Mining Act 1978 (WA)
Northampton – Ajana Railway Act 1911 (WA) (repealed)
Petroleum and Geothermal Energy Resources Act 1967 (WA)
Petroleum (Submerged Lands) Act 1982 (WA)
Petroleum Act 1936 (WA) (repealed)
Petroleum Pipelines Act 1969 (WA)
Rights in Water and Irrigation Act 1914 (WA)
Titles (Validation) and Native Title (Effect of Past Acts) Act 1995 (WA), ss 12J, 14
Cases cited: Brown v Northern Territory of Australia [2015] FCA 1268
Date of hearing: Determined on the papers Date of last submissions: 21 November 2018 Registry: Western Australia Division: General Division National Practice Area: Native Title Category: Catchwords Number of paragraphs: 69 Solicitor for the Applicant: Mr Colin McKellar and Mr Eldon Stone of Yamatji Marlpa Aboriginal Corporation Solicitor for the State of Western Australia: Mr Jeff O’Halloran of the State Solicitor’s Office Solicitor for the Commonwealth of Australia in WAD 6136/1998 and WAD 286/2018: Australian Government Solicitor Solicitor for Yamatji Marlpa Aboriginal Corporation in WAD 6136/1998: Yamatji Marlpa Aboriginal Corporation Solicitor for BPP Oliver Super Pty Ltd, Calum Graham Carruth, Alan James Crawford, Harold James Crawford, James Michael Drew, Loreto Mary Drew, Gabor Holdings Pty Ltd, Vivian Roy Porter and Belinda Jean Sparkhall in WAD 6136/1998: Cornerstone Legal Solicitor for Telstra Corporation Limited in WAD 6136/1998: Herbert Smith Freehills
Table of Corrections 21 May 2019 In clause 2(a) in Schedule Five of Appendix A, “PL N049576 Tamala Station” has been inserted at the end of the table ORDERS
WAD 6136 of 1998 BETWEEN: VIOLET DRURY, COLEEN DRAGE, JOHN STEPHEN DRAGE, STEVEN KELLY (FATHER OF MARRICK KELLY), STEVEN KELLY (GRANDSON OF CORNELIUS KELLY), WILLIAM MALLARD (JNR), WILLIAM MALLARD (SNR), NORA MALLARD, GWEN MITCHELL, HELEN NUTTER, ANNETTE PEPPER, JUNE RUFFIN, MARY TULLOCK, GERALD JOHN WHITBY, LORRAINE WHITBY AND JANET WILTON
Applicant
AND: STATE OF WESTERN AUSTRALIA, COMMONWEALTH OF AUSTRALIA, YAMATJI MARLPA ABORIGINAL CORPORATION, BPP OLIVER SUPER PTY LTD, CALUM GRAHAM CARRUTH, ALAN JAMES CRAWFORD, HAROLD JAMES CRAWFORD, JAMES MICHAEL DREW, LORETO MARY DREW, GABOR HOLDINGS PTY LTD, VIVIAN ROY PORTER, BELINDA JEAN SPARKHALL AND TELSTRA CORPORATION LIMITED
Respondents
WAD 286 of 2018 BETWEEN: DEREK DRAGE, HELEN NUTTER, ANNETTE PEPPER, DOUGLAS WILLIAM RYDER AND DELVEEN WHITBY
Applicant
AND: STATE OF WESTERN AUSTRALIA AND COMMONWEALTH OF AUSTRALIA
Respondents
JUDGE:
MORTIMER J
DATE OF ORDER:
28 NOVEMBER 2018
THE COURT NOTES THAT:
A.The Applicant in proceeding WAD 6136 of 1998 has made a native title determination application (“Nanda Application”).
B.The Applicant in proceeding WAD 286 of 2018 has made a native title determination application (“Nanda #2 Application”) which partially overlaps the land and waters the subject of the Nanda Application. The Nanda Application and the Nanda #2 Application are made on behalf of the same persons.
C.The Applicants in the Nanda and Nanda #2 Applications, the State of Western Australia and the Respondents to the proceedings (“the parties”) have reached an agreement as to the terms of a determination which is to be made in relation to the whole of the Nanda #2 Application and part of the land and waters covered by the Nanda Application (“the Determination Area”). The external boundaries of the Determination Area are described in Schedule One to the determination.
D.The parties have agreed that, in respect of the balance of the land and waters the subject of the Nanda Application (“Nanda Part B”), no determination is to be made at present. Nanda Part B comprises that portion of the Nanda Application which is geographically overlapped by native title determinations WAD 6119 of 1998 (Mullewa Wadjari Community) and WAD 339 of 2018 (Malgana #2).
E.Each of BPP Oliver Super Pty Ltd, Calum Graham Carruth, Alan James Crawford, Harold James Crawford, James Michael Drew, Loreto Mary Drew, Gabor Holdings Pty Ltd and Belinda Jean Sparkhall have reached an agreement with the Applicant in relation to those portions of their respective pastoral leases that are situated within the Determination Area. Following the making of the determination, that agreement will be executed and an application will be made for the agreement to be registered as an Indigenous Land Use Agreement on the Register of Indigenous Land Use Agreements as a prescribed body corporate agreement pursuant to s 24BG of the Native Title Act 1993 (Cth) (“Native Title Act”).
F.Pursuant to subsections 87A(1)(d), (2) and (4) of the Native Title Act (in respect of the Nanda Application) and subsections 87(1), (1A) and (2) of the Native Title Act (in respect of the Nanda #2 Application) the parties have filed with the Court a Minute of Proposed Consent Determination of Native Title setting out the terms of the agreement reached by the parties in relation to the Nanda and Nanda #2 Applications.
G.The terms of the agreement involve the making of consent orders for a determination pursuant to ss 87A (in respect of the Nanda Application) and 87 (in respect of the Nanda #2 Application) of the Native Title Act that native title exists in relation to the land and waters of the Determination Area.
H.The parties acknowledge that the effect of the making of the determination is that the members of the native title claim group, in accordance with the traditional laws acknowledged and the traditional customs observed by them, should be recognised as the native title holders for the Determination Area as set out in the determination.
I.Pursuant to s 87(2) and 87A(4) of the Native Title Act, the parties have requested that the Court determine the proceedings that relate to the Determination Area without holding a hearing.
J.The Applicants in the Nanda and Nanda #2 Applications have nominated the Nanda Aboriginal Corporation (ICN 8871) pursuant to s 56(2)(a) of the Native Title Act to hold the determined native title in trust for the native title holders.
BEING SATISFIED that a determination of native title in the terms set out in Attachment A would be within the power of the Court and, it appearing to the Court appropriate to do so, pursuant to ss 87, 87A and 94A of the Native Title Act and by the consent of the parties:
THE COURT ORDERS THAT:
1.In so far as native title determination application WAD 6136 of 1998 relates to land and waters also overlapped by native title determination application WAD 286 of 2018, it is dismissed.
2.In relation to the Determination Area, there be a determination of native title in WAD 6136 of 1998 and WAD 286 of 2018 in the terms provided for in Attachment A.
3.The Nanda Aboriginal Corporation (ICN 8871) shall hold the determined native title in trust for the native title holders pursuant to s 56(2)(b) of the Native Title Act 1993 (Cth).
4.There be no order as to costs.
Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
ATTACHMENT A
DETERMINATION
THE COURT ORDERS, DECLARES AND DETERMINES THAT:
Existence of native title: s 225 Native Title Act
1.Native title exists in the Determination Area in the manner set out in paragraphs 4 and 5 of this determination.
2.Native title does not exist in those parts of the Determination Area that are identified in Schedule Four.
Native title holders: s 225(a) Native Title Act
3.The native title in the Determination Area is held by the Nanda People.
The nature and extent of native title rights and interests: ss 225(b) and 225(e) Native Title Act
Exclusive Rights and Interests
4.Subject to paragraphs 6, 7 and 8, the nature and extent of the native title rights and interests in relation to the Exclusive Area is:
(a)except in relation to flowing and underground water, the right to possession, occupation, use and enjoyment of the Exclusive Area to the exclusion of all others; and
(b)in relation to flowing and underground water, the right to use and enjoy the flowing and underground water, including:
(i)the right to hunt on, fish from, take and use the resources of the flowing and underground water; and
(ii)the right to take and use the flowing and underground water.
Non Exclusive Rights and Interests
5.Subject to paragraphs 6, 7 and 8 the nature and extent of the native title rights and interests in relation to the Non-Exclusive Area is that they confer the following non-exclusive rights on the Nanda People:
(a)the right to enter and remain on the Non-Exclusive Area, camp, erect temporary shelters and to travel over and visit any part of the Non-Exclusive Area;
(b)the right to hunt, fish, gather and use the resources of the Non-Exclusive Area;
(c)the right to take and use water;
(d)the right to engage in cultural activities on the Non-Exclusive Area, including:
(i)visiting places of cultural or spiritual importance and protecting those places by carrying out lawful activities to preserve their physical or spiritual integrity; and
(ii)conducting ceremony and ritual, including burial rites; and
(e)the right to be accompanied onto the Non-Exclusive Area by those persons who, though not native title holders, are:
(i)spouses, partners, parents or children of the native title holders;
(ii)people who are members of the immediate family of a spouse, partner, parent or child of a native title holder; or
(iii)people entering the Determination Area in connection with the performance of ceremonies or cultural activities in accordance with traditional laws and customs.
Qualifications on the native title rights and interests
6.The native title rights and interests are subject to and exercisable in accordance with:
(a)the laws of the State and the Commonwealth, including the common law; and
(b)the traditional laws and customs of the Nanda People for personal, domestic, and communal purposes (including social, cultural, religious, spiritual and ceremonial purposes) but not for commercial purposes.
7.Notwithstanding anything in this determination, there are no native title rights and interests in the Determination Area in relation to:
(a)minerals as defined in the Mining Act 1904 (WA) (repealed) and in the Mining Act 1978 (WA), except to the extent that ochre is not a mineral pursuant to the Mining Act 1904 (WA);
(b)petroleum as defined in the Petroleum Act 1936 (WA) (repealed) and in the Petroleum and Geothermal Energy Resources Act 1967 (WA);
(c)geothermal energy resources and geothermal energy as defined in the Petroleum and Geothermal Energy Resources Act 1967 (WA); or
(d)water lawfully captured by the holders of the Other Interests.
8.The native title rights and interests set out in paragraphs 4(b) and 5 do not confer:
(a)possession, occupation, use and enjoyment of those parts of the Determination Area on the Nanda People to the exclusion of all others; nor
(b)a right to control the access to, or use of, those parts of the Determination Area or its resources.
Sections 47A or 47B of the Native Title Act
9.Sections 47A and 47B of the Native Title Act apply to disregard any prior extinguishment in relation to the areas described in Schedule Six.
The nature and extent of any Other Interests
10.The nature and extent of the Other Interests are described in Schedule Five.
Relationship between native title rights and Other Interests
11.Except as otherwise provided for by law, the relationship between the native title rights and interests described in paragraphs 4 and 5 and the Other Interests is that:
(a)to the extent that any of the Other Interests are inconsistent with the continued existence, enjoyment or exercise of the native title rights and interests, the native title rights and interests continue to exist in their entirety, but the native title rights and interests have no effect in relation to the Other Interests to the extent of the inconsistency during the currency of the Other Interests; and otherwise,
(b)the existence and exercise of the native title rights and interests do not prevent the doing of any activity required or permitted to be done by or under the Other Interests and the Other Interests, and the doing of any activity required or permitted to be done by or under the Other Interests, prevail over the native title rights and interests and any exercise of the native title rights and interests, but do not extinguish them.
Definitions and Interpretation
12.In this determination, unless the contrary intention appears:
“Determination Area” means the land and waters described in Schedule One and depicted on the maps at Schedule Two;
“Exclusive Area” means those lands and waters of the Determination Area described in Schedule Three (which areas are generally shown as shaded green on the maps at Schedule Two);
“flowing water” means the following water within the Determination Area:
(a)water which flows, whether permanently, intermittently or occasionally, within any river, creek, stream or brook; and
(b)any natural collection of water into, through, or out of which a river, creek, stream or brook flows;
“Nanda People” means the people described in Schedule Seven and referred to in paragraph 3;
“Native Title Act” means the Native Title Act 1993 (Cth);
“Non-Exclusive Area” means those lands and waters of the Determination Area which are not Exclusive Areas or described in paragraph 2 as an area where native title does not exist (which areas are generally shown as shaded yellow on the maps at Schedule Two);
“Other Interests” means the legal or equitable estates or interests and other rights in relation to the Determination Area described in Schedule Five and referred to in paragraph 10;
“resources” means flora, fauna, and other natural resources such as charcoal, stone, soil, sand, clay, gravel, timber, resin and ochre (except, for the avoidance of doubt, ochres for use in the manufacture of porcelain, fine pottery or pigments which are minerals pursuant to the Mining Act 1904 (WA) (repealed));
“Titles Validation Act” means the Titles (Validation) and Native Title (Effect of Past Acts) Act 1995 (WA);
“underground water” means water from and including an underground water source, including water that percolates from the ground; and
“use” does not include use by way of trade.
13.In the event of any inconsistency between the written description of an area in Schedule One, Three, Four, Five or Six and the area as depicted on the map at Schedule Two the written description prevails.
SCHEDULE ONE
DETERMINATION AREA
The Determination Area, generally shown as bordered in blue on the maps at Schedule Two, comprises all land and waters bounded by the following description:
All those lands and waters commencing at a point on the eastern boundary of Pastoral Lease N049576 (Tamala) at Latitude 26.635591 South and extending easterly to Latitude 27.630981 South, Longitude 114.031482 East; Then easterly to a western boundary of Lot 214 as shown on Deposited Plan 220375 at Latitude 26.598612 South being a point on the present boundary of Native Title Determination WAD6033/1998 Wajarri Yamatji Part B (WCD2018/002); Then generally southerly along the boundaries of that native title determination to the intersection with a northern boundary of Native Title Determination WAD6033/1998 Wajarri Yamatji Part A (WCD2004/010); Then generally southerly along the boundaries of that native title determination to the intersection of Latitude 27.516422 South; Then generally southwesterly and generally westerly through the following coordinate positions:
Latitude (South)
Longitude (East)
27.519708 115.224597 27.520539 115.222755 27.520224 115.220720 27.519729 115.218438 27.519549 115.216790 27.520308 115.215371 27.521439 115.214523 27.523508 115.213930 27.525829 115.213454 27.527758 115.213129 27.528780 115.214195
Then southeasterly to a point at the intersection of a line joining coordinate positions Latitude 27.544635 South, Longitude 115.190358 East and Latitude 27.520530 South, Longitude 115.228852 East with a line joining coordinate positions Latitude 27.528780 South, Longitude 115.214195 East and Latitude 27.529570 South, Longitude 115.215606 East; Then southwesterly to a point at the intersection of a line joining coordinate positions Latitude 27.544635 South, Longitude 115.190358 East and Latitude 27.520530 South, Longitude 115.228852 East with a line joining coordinate positions Latitude 27.534774 South, Longitude 115.206972 East and Latitude 27.533937 South, Longitude 115.205689 East; Then generally westerly and southerly through the following coordinate positions:
Latitude (South)
Longitude (East)
27.533937 115.205689 27.534227 115.204085 27.534217 115.202580 27.537054 115.202046
Then southerly to a point at the intersection of a line joining coordinate positions Latitude 27.544635 South, Longitude 115.190358 East and Latitude 27.520530 South, Longitude 115.228852 East with a line joining coordinate positions Latitude 27.537054 South, Longitude 115.202046 East and Latitude 27.538650 South, Longitude 115.201845 East; Then southwesterly to a point at the intersection of a line joining coordinate positions Latitude 27.544635 South, Longitude 115.190358 East and Latitude 27.520530 South, Longitude 115.228852 East with a line joining coordinate positions Latitude 27.540675 South, Longitude 115.198499 East and Latitude 27.540963 South, Longitude 115.195892 East; Then generally northwesterly and generally westerly through the following coordinate positions:
Latitude (South)
Longitude (East)
27.540963 115.195892 27.541052 115.192382 27.540438 115.190548 27.539178 115.187833 27.538555 115.185653 27.538168 115.182755 27.537892 115.180321 27.537198 115.178474 27.536446 115.176589 27.535568 115.176039 27.535031 115.175905 27.534293 115.175022 27.533624 115.174204 27.532630 115.172483 27.532166 115.170549 27.532156 115.169134 27.531870 115.165118 27.531117 115.163335 27.530248 115.161770 27.529019 115.160792 27.528039 115.160101 27.527414 115.159425 27.526975 115.158468 27.526825 115.157271 27.525532 115.155636 27.524098 115.153190 27.522922 115.151326 27.521737 115.149178 27.521263 115.146974 27.520451 115.145398 27.519767 115.143603 27.518606 115.141392 27.517524 115.139104 27.517006 115.136642 27.516656 115.134723 27.516282 115.132803 27.515809 115.130535 27.515515 115.128693 27.515126 115.127287 27.514483 115.126020 27.513605 115.125510 27.512756 115.125527 27.511698 115.125863 27.509893 115.125188 27.509493 115.123666 27.509368 115.122212 27.508756 115.120020 27.508246 115.117932 27.507379 115.116071 27.506419 115.114338 27.506426 115.112127 27.506967 115.110577 27.507883 115.109340 27.508186 115.107376 27.508641 115.105118 27.509095 115.102963 27.510098 115.102202 27.510905 115.103072 27.511571 115.104352 27.512853 115.104622 27.514214 115.103647 27.514731 115.102174 27.514868 115.100825 27.515154 115.099542 27.515035 115.098667 27.514763 115.096916 27.514801 115.095103 27.515509 115.094056 27.515947 115.092479 27.516525 115.090749
Then southwesterly to an eastern boundary of Reserve 1805 at Latitude 27.516526 South; Then westerly to a western boundary of Reserve 1805 at Latitude 27.516787 South; Then generally westerly through the following coordinate positions:
Latitude (South)
Longitude (East)
27.516821 115.074337 27.517434 115.073240 27.518105 115.072514 27.519241 115.070995 27.519600 115.069083 27.519946 115.067467 27.520739 115.065791 27.521806 115.064323 27.523152 115.063732 27.523801 115.062852 27.523776 115.061643 27.523773 115.060614 27.524126 115.059551 27.524433 115.058435 27.524374 115.057200 27.523877 115.056308 27.523366 115.055698 27.523191 115.054591 27.523128 115.052508 27.522913 115.050615 27.522332 115.048706 27.521468 115.047888 27.520715 115.047379 27.520498 115.045834 27.520238 115.043890 27.520457 115.042375 27.521030 115.040889 27.521359 115.039890 27.521687 115.038993 27.521559 115.037796 27.521026 115.037031 27.520288 115.036200 27.520063 115.035594 27.520228 115.034991 27.520955 115.034523 27.521864 115.034018 27.523453 115.033133 27.525448 115.031701 27.527069 115.029724 27.528137 115.028063 27.528441 115.025880 27.528381 115.023243 27.528062 115.021427 27.527680 115.020497 27.526837 115.019782 27.526086 115.019132 27.525797 115.017933 27.525877 115.016519 27.526555 115.014790 27.527174 115.013228 Then southwesterly to an eastern boundary of the northern severance of Reserve 1804 at Latitude 27.527989 South; Then southwesterly to the intersection with a northeastern boundary of Native Title Application WAD6001/2000 Hutt River (WC2000/001) at Longitude 114.674773 East; Then northwesterly to Latitude 27.857930 South, Longitude 114.107262 East; Then due west to the intersection with the Lowest Astronomical Tide; Then generally northerly and generally northwesterly along that Lowest Astronomical Tide to Latitude 26.911446 South; Then northeasterly to the eastern boundary of Pastoral Lease N049576 (Tamala) at Latitude 26.895648 South; Then northerly along the eastern boundary of that Pastoral lease back to the commencement point.
Note: Geographic Coordinates provided in Decimal Degrees.
All referenced Deposited Plans and Diagrams are held by the Western Australian Land Information Authority, trading as Landgate.
Cadastral boundaries sourced from Landgate’s Spatial Cadastral Database dated 1st March 2016.
Lowest Astronomical Tide depicted from the Low Water Mark sourced from Landgate’s Spatial Cadastral Database dated 1st March 2016.
For the avoidance of doubt the application excludes any land and waters already claimed by:
Native Title Determination Application WAD6236/1998 The Malgana Shark Bay People’s Application (WC1998/017) as Registered by the Native Title Registrar on the 30th March 1998.
Native Title Determination Application WAD6033/1998 Wajarri Yamatji (WC2004/010) as Registered by the Native Title Registrar on the 5th December 2005.
Native Title Determination Application WAD6033/1998 Wajarri Yamatji Part A (WCD2017/007) as Determined in the Federal Court on the 19th October 2017.
Native Title Determination Application WAD6033/1998 Wajarri Yamatji Part B (WCD2018/002) as Determined in the Federal Court on the 23rd April 2018.
Native Title Determination Application WAD6119/1998 Mullewa Wadjari Community (WC1996/093) as Registered by the Native Title Registrar on the 19th August 1996.
Native Title Determination Application WAD6001/2000 Hutt River (WC2000/001) as Registered by the Native Title Registrar on the 7th July 2000.
Native Title Determination Application WAD339/2018 Malgana 2 (WC2018/014) as filed in the Federal Court on the 30th July 2018.
Native Title Determination Application WAD339/2018 Wajarri Yamatji #2 (WC2018/004) as filed in the Federal Court on the 1st July 2017.
Native Title Determination Application WAD32/2018 Wajarri Yamatji #3 (WC2018/001) as filed in the Federal Court on the 5th February 2018.
Datum: Geocentric Datum of Australia 1994 (GDA94)
Prepared By: Graphic Services (Landgate) 10th October 2018
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.SCHEDULE TWO
MAPS OF THE DETERMINATION AREA
SCHEDULE THREE
EXCLUSIVE AREAS
Areas where native title comprises the rights set out in paragraph 4
Native title comprises the rights and interests set out in paragraph 4 of the determination in relation to the following areas (which areas are generally shown as shaded green on the maps at Schedule Two):
1.Reserve 00656 as described in Government Gazette 1st April 1884 page 152.
2.Reserve 01475 (Barrel Well).
3.UCL 004 - All that area commencing at the southwestern corner of Road 179 being a point on an eastern boundary of Reserve 12996 and extending generally northwesterly and northerly along that Reserve to the intersection with a southern boundary of Pastoral Lease N050525 (Murchison House); Then easterly along the southern boundary of that pastoral lease to the intersection with the eastern boundary of Road 179: Then generally southwesterly along that eastern boundary back to the commencement point.
4.All that portion of UCL 109 located around Syphon Pool that falls within the boundary commencing at the intersection of Longitude 114.572345 East and the right bank of the Murchison River and extending generally northeasterly along the right bank of that river approximately 500m to the intersection with Longitude 114.576702 East; Then northwesterly to the intersection of the southern boundary of Road 126 with Longitude 114.575189 East; Then southwesterly along the southern boundary of that Road to the intersection with Longitude 114.571729 East; Then southeasterly back to the commencement point.
5.All that portion of UCL 118 located around Glasses Well that falls within the boundary commencing at the intersection of the eastern boundary of CT0011700160 and the right bank of a southern tributary of the Murchison River at approximate Latitude 27.830070 South; Then extending generally easterly and northerly along that bank to the intersection with the left bank of the main tributary of the Murchison River at approximate Longitude 114.701883 East; Then northwesterly and generally southwesterly along that bank to the intersection with the right bank of a southern tributary of the Murchison River at approximate Longitude 114.692276 East; Then generally southeasterly along that bank to intersection of the northern boundary of CT0011700160 at approximate Longitude 114.6930497 East; Then easterly and southerly along boundaries of CT0011700160 back to the commencement point.
Reserve 28750 is excluded from this area.
6.All that portion of UCL 225 located around Bully Pool that falls within the boundary commencing at Latitude 27.611899 South, Longitude 114.275501 East and then extending northerly, generally southeasterly, generally southerly, generally westerly and northwesterly passing through the following coordinate positions;
Latitude (South)
Longitude (East)
27.609342 114.276691 27.609692 114.279474 27.611709 114.284431 27.614092 114.288173 27.621320 114.289011 27.625703 114.288328 27.634387 114.282856 27.640833 114.282595 27.643428 114.282105 27.644880 114.276696 27.643800 114.270316 27.641685 114.263756 27.634504 114.258715
Then northwesterly to the intersection of the left bank of the Murchison River and Longitude 114.2601621 East. Then easterly, generally northeasterly and northwesterly along the left bank of that River until the intersection with Latitude 27.614161 South; Then northwesterly to Latitude 27.614235 South, Longitude 114.271687 East; Then northwesterly back to the commencement point.
7.All that portion of UCL 225 located around Wilgie Mia Pool that falls within the boundary commencing at Latitude 27.495831 South, Longitude 114.373594 East and extending generally westerly and generally northwesterly through the following coordinate positions;
Latitude (South)
Longitude (East)
27.496445 114.372947 27.496475 114.372914 27.499188 114.370054 27.502873 114.363910 27.503608 114.357880 27.502700 114.351557 27.496736 114.345675 27.495035 114.344742 27.494933 114.344687
Then northwesterly to the intersection of a line being the 500 metre buffer southeasterly from the left bank of the Murchison River with Longitude 114.342670 East; Then generally northeasterly along that line until the intersection with Longitude 114.350204 East; Then northwesterly to the intersection of the left bank of that river with Longitude 114.348994 East; Then generally easterly along the left bank of that river approximately 500m to the intersection with Longitude 114.353927 East; Then southeasterly to the intersection of a line being the 500 metre buffer southeasterly from the left bank of the Murchison River with Longitude 114.355084 East; Then along that line to the intersection between that line with Longitude 114.374251 East; Then northeasterly to the intersection with the left bank of the Murchison River with Latitude 27.479977 South; Then southeasterly along that left bank approximately 500m to the intersection with Latitude 27.484167 South; Then westerly to the intersection of a line being the 500 metre buffer westerly from the left bank of the Murchison River with Longitude 114.374794 East; Then generally southwesterly and southeasterly along that line to the intersection with Latitude 27.494601 South; Then southwesterly back to the commencement point.
SCHEDULE FOUR
AREAS WHERE NATIVE TITLE DOES NOT EXIST (PARAGRAPH 2)
Native title does not exist in relation to land and waters the subject of the following interests within the Determination Area which, with the exception of public works (as described in clause 8 of this Schedule), are generally shown as shaded in pink on the maps at Schedule Two:
1. Freehold
The following grants of estates in fee simple:
Certificate of Title
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2. Reserves
The following reserves:
Reserve No.
Current / Last Purpose
01474 Water for Travellers 12996 Parkland and Recreation 16064 Water Supply 16571 Water 17970 Recreation 18719 Water 19526 Water 21593 Agricultural Hall (underlain by vested Reserve 16193) 22676 Gravel (underlain by vested Reserve 12656 and Lease 777/41A) 24629 Childrens Playground 24631 Historic Site – School 24716 Gravel (underlain by vested Reserve 12656 and Lease 777/41A) 25307 Recreation and Parklands Act 76 - 1961 25447 Recreation 25448 Caravan Park and Camping 25600 Stock Route (underlain by CT 1161/555) 26326 School Site 26591 Parklands 27004 (part)[1] Kalbarri National Park 27083 Conservation of Flora and Fauna (Galena Nature Reserve) 27637 Park and Recreation 28750 Recreation (Pindadanno Nature Reserve) 29282 Protection of Zuytdorp Wreck 30502 Slipway 30524 Emergency Services 30946 Drainage 30953 Recreation 31003 Road Transport Depot 31100 Aerial Landing Ground 31285 Main Roads Purposes - Water 31390 Change Rooms and Parking Area 31489 Conservation of Flora and Fauna (underlain by CT 0119900349) 31502 Rubbish Depot Site (including portion now UCL 14 and UCL 189) 31503 Water Supply 31631 Water Supply 31883 Fishing and Tourist Industries 32600 Effluent Disposal 32958 Gardens 32959 Pedestrian Access Way 32960 Parking 33087 Police 33703 Recreation 34443 Drainage 34446 Protection of Water Main 34550 Recreation and Parklands 35041 Drain (underlain by Special Lease 3116/4138) 35181 Ambulance Depot 35559 Community Purposes and Recreational Camp 36019 Pedestrian Access Way 36021 Cemetery Site 36068 Housing Water Supply 36095 Water Supply 36656 Emu Proof Fence 36661 Sewage Treatment Plant Site 36807 Drain 36923 Parks and Gardens 37389 Pumping Station 37445 Caravan Park 37673 Country Automatic Exchange 37701 Communications Site 37825 Parkland 38262 Sewerage Pumping Station Site 38384 Depot Site (Shire of Northampton) 38515 Parking 38533 Parking 38945 Doctors Surgery 39053 Satellite Ground Station 39120 Housing - Shire of Northampton 39474 Park and Recreation 39617 Natural Gas Pipeline Purposes 39694 Padmount Site 40731 Administration Centre and Library 40819 Natural Gas Pipeline Purposes 41416 Natural Gas Pipeline Purposes 41417 Natural Gas Pipeline Purposes 41418 Natural Gas Pipeline Purposes 41556 Repeater Station Site 41561 Padmount Site 41653 Drainage 41755 Church Site 42621 Padmount Site 42665 Recreation 43170 Photovoltaic Site 44619 Sewerage Pump Station 44699 Health (Multi Purpose Health Centre) 45047 Aged Persons Accommodation 45065 Airstrip (Natural Gas Pipeline) 46413 Recreation and Parklands 46417 Buffer Strip 47133 Public Recreation (underlain by CT 0138400450) 48271 Historical Purposes (underlain by CTs 0107800347 and ECO 1215) 49019 Health Services (underlain by CT 0141300541 and Reserve 34830) 49086 Rubbish Disposal (underlain by CT 0119900349) 49109 Drainage (underlain by CT 0138400450) 49934 Public Recreation (underlain by CT 0138400450) 50026 Park and Recreation 50396 Harbour Purposes 50456 Use and requirements of the Shire of Northampton (underlain by Road 19 and Reserve 35181) 51528 Mall (underlain by Reserve 32959) 52436 Fishing and Tourist Industries (underlain by Reserve 26591, 30502 and 31883) 52398 Public Recreation (underlain by CT 0138400450) 53065 Pedestrian Access Way (underlain by SL 3116/08951) [1] Being those areas which formed part of Reserve 27004 up to 28 September 1972 (to the extent that they are not subject to the application of s 47B of the Native Title Act: see Schedule Five).
3. Leases
The following leases:
Lease No.
Current / Last Purpose /Underlying act
GE H863490 Café/Restaurant GE I538913 Light Industry Lease 223/61 Conditional Purchase Lease (underlying portion of current Pastoral Lease PL N50525) Lease 777/41A Grazing (underlying current Reserves 22676 and 24716) Lease 332/2169 Grazing (underlying current Reserve 14606) Lease 19091/68 (part)[2] Grazing Lease 10398/56 Conditional Purchase Lease (underlying current Reserve 16331) Lease 27648/44 Conditional Purchase Lease (underlying UCL 12) Lease 27647/55 Conditional Purchase Lease (underlying UCL 13 and UCL 19) Lease 36886/55 Conditional Purchase Lease (underlying UCL 117, UCL 118 and UCL 190) Lease 33050/55 Conditional Purchase Lease (underlying UCL 185) Lease 3116/4138 Holiday Village (Motel, Cottages and Caravan Park) (underlying current Reserve 35041) Lease 3116/8876 Grazing (underlying UCL 191, UCL 192 and UCL 193) Lease 3116/11204 Transit Caravan Park (underlying UCL 187 and UCL 188) [2] To the extent not subject to the application of s 47B of the Native Title Act: see Schedule Five (being the area of UCL 004).
4. Roads
The following dedicated roads, roads set aside, taken or resumed or roads which are to be considered public works (as that expression is defined in the Native Title Act and the Titles Validation Act):
MapInfo No.
Description
Road 002 One Chain Road as shown on DP 167643 Road 003 Two Chain Road as shown on DP 168187 Road 007 Magee Street as shown on DP 174477 Road 008 One Chain Road as shown on DPs 165202174813 Road 009 Magee Crescent as shown on DPs 17563 and 213733 Road 010 Grey Street as shown on DP 175693 Road 011 One chain road as shown on DP 202248 Road 012 Hackney Street as shown on DP 208858 Road 013 Portions Mortimer, Clotworthy, Auger and Smith Streets as shown on DP 208859 Road 014 North West Coastal Highway as shown on DP 209051 Road 017 Three Chain road as shown on DP 209385 Road 018 One chain road as shown on DP 210114 Road 019 Balaam, Maver, Hasleby streets and Carlton and Patrick Crescents as shown on DP 211141 Road 020 Mallard and Gould streets and Clifton, Ash and Cornell Places as shown on DP 211575 Road 021 Portions Porter Street and Smith Street as shown on DP 211633 Road 022 Road to Meanarra Lookout as shown on DP 213025 Road 023 Road north east of Meanarra Lookout as shown on DP 241722 Road 025 Widening of North West Coastal Highway Road 028 George Grey Drive Road 029 Widening of North West Coastal Highway Road 032 North West Coastal Highway widening Road 041 Road 3970 as shown on DP 226817 Road 043 Portion of Explorer Avenue as shown on DP 022368 Road 044 Portion of Jacques Boulevard as shown on DP 034421 Road 045 Portions of Browne and Jacques Boulevards and Charlton Loop, Pelican Road and Tern Way as shown on DP 041045 Road 046 Portion of Charlton Loop Road 047 Portion of Surprise Road shown on DP 183188 Road 048 Extension of Smith Street as shown on DP 191801 Road 049 Portion of Walker Street and Magee Crescent shown on DP 213733 Road 050 Portion of Grey Street as shown on DP 213722 Road 051 Portion of Porter Street as shown on DP 213855 Road 052 Ridgeman Road as shown on DP 213883 Road 053 Walker Street, Magee Crescent, Chick Place, Harvey Place and Ralph Street as shown on DP 214082 Road 054 Porter Street, Sutherland Street, Atkinson Crescent as shown on DP 214340 Road 055 Access road Lots 824 and 825 as shown on DP 215882 Road 056 Glass Street, Batavia Circle, Karina Mews and Tiki Cove as shown on DP 216164 Road 057 Francis Close, Menari Court, Orabanda Way, Starfire Close and Gantheaume Crescent as shown on DP 216572 Road 059 Gantheaume Crescent, Glass Street and Kelsar Green as shown on DP 217355 Road 060 Waikiri Parade, Callion Way, Gantheaume Crescent, Granada Court and Adair Close as shown on DP 217722 Road 061 Gallant Close, Sequita Way, Zephyr Court, Questro Glade, Gantheaume Crescent and Salamit Place as shown on DP 218019 Road 062 Gallant Close, Nanda Drive, Portree Elbow, Gantheaume Crescent, Seakist Retreat and Ralph Street as shown on DP 219378 Road 063 Mainwaring Drive, Crocos Circuit, Gliddon Avenue and Nanda Drive as shown on DP 220064 Road 064 Pederick Place, Nanda Drive and Walker Street as shown on DP 220065 Road 065 Victoria Locations 4541, 4545, and Binnu townsite - Road 11944 as shown on DP 207469 Road 066 Lot 4541 - Road 11945 Road 068 Road 12373 as shown on DP 211660 Road 069 Road 12373 (deviation) as shown on DP 210373 Road 070 Road No. 12373 (extension) as shown on DP 211946. Road 071 Road No. 12458 (regazettal) as shown on DP 209206 Road 072 Road 12553 as shown on DP 209245 Road 073 Road 12590 as shown on DP 209101 Road 074 Road No. 2812 as shown on DP 209530 Road 076 Road No. 13924 as shown on DP 210829 Road 077 Road No 13924 (widening of part) as shown on DP 211141 Road 078 Road 13960 as shown on DP 210373 Road 079 Road No. 13975 as shown on DP 209071 Road 080 Road No. 14009 as shown on DP 172806 Road 081 Road No. 14009 (widening) as shown on DP 211660 Road 082 Road No. 14010 as shown on DP 172806 Road 083 Road 14254 as shown on DP 210685 Road 085 Road No. 14708 as shown on DP 211706 Road 086 Road No. 14904 as shown on DP 211949 Road 087 Road No. 14905 as shown on DP 211949 Road 088 Road No. 15178 on DP 176607 Road 090 Portion of Nanda Drive (Road NO. 16741) shown on DP 191803 Road 091 Road No. 16741 as shown on DP 215111 and DP 211141 Road 092 Grey Street (Road 16974) as shown on Public Plan 504476 and DP 185550 Road 093 Road No. 17415 (Butchers Track) as shown on DPs 215618 and 216276 Road 094 Road No. 18548 (Geraldine Road) as shown on DPs 217158 and 190756 Road 095 Road No 4271 (North West Coastal Highway) widening as shown on DP 169811 Road 096 Road 4271 (North West Coastal Highway) widening as shown on DP 171956 Road 097 Road No. 4271 (North West Coastal Highway) widening as shown on DP 173477 Road 098 Road 4271 (North West Coastal Highway) widening as shown on DP 181078 Road 099 Road No. 4271 (North West Coastal Highway) deviation as shown on DP 211192 Road 100 Road No. 5251 widening as shown on DP 170131 Road 103 Road No. 5709 (widening) as shown on/in Government Gazette 16/06/1967, Plan of Road, Victoria District DO Cor 573/11 and Diagram 820 Road 104 Road No. 16792 (Rochester Street) as shown on DP 184853 Road 105 Road No. 6427 (North West Coastal Highway) deviation at shown on DP 209530 Road 107 Road No. 8300 deviation as shown on DP 169040 Road 108 Road 8521 widening as shown on DP 209206 Road 109 Road No. 8570 (Northwest Coastal Highway) widening and extension as shown on DP 215944 Road 110 Road 8570 (North West Coastal Highway) widening as shown on DP 216141 Road 111 Jacques Boulevard, Grey Road, Mariner Crescent, Castaway Street, Charlton Loop and Browne Boulevard as shown on DP 024160 Road 112 Lawrencia Loop, Centrolepis Circuit, and all roads shown on DP 049898 Road 113 Flora Avenue, Darwinia Drive and all roads shown on DP 052549 Road 114 Road in Ranch Court as shown on DP 057800 Road 115 Coral Boulevard, Emerald Vista and other roads shown on DP 57812 Road 116 Beagle Road as shown on DP 058862 Road 117 Phelps Loop and Rowe Street as shown on DP 061773 Road 118 Dalgleish Crescent, Richardson Road and Ross Street as shown on DP 061774 Road 119 Road beside Northampton-Ajana Railway as shown on DP 083115 Road 122 One chain road and stockroute as shown on DP 226632 Road 123 One chain road shown on DP 226633 Road 124 Road as shown on DP 226635 Road 125 Marne, View, Mons and Station Streets as shown on DP 226893 Road 126 Road through locations 22, 21, 19 and 18 as shown on DP 228428 Road 127 Three roads as shown on DP 228430 Road 128 Road through locations 4547 and 4541 as shown on DP 232384 Road 129 Road No. 1977 and other roads as shown on DP 232399 Road 130 Road shown on DP 232404 Road 131 Roads 5029 and 4271 as shown on DP 232405 Road 132 Road 5290 as shown on DP 232407 Road 136 One chain road shown on DP 232433 Road 137 One chain road as shown on DP 232433 Road 141 Road shown on DP 232514 to north of townsite Road 142 One chain road as shown on DP 232552 Road 143 Road No. 1977 as shown on Public Plan 501721 Road 144 Road No. 5029 as shown on DP 232405 Road 147 Road No. 5709 as shown on DP 082994 Road 148 Road No. 8301 as shown on/in DP 232433 and Government Gazette 12/09/1930 Road 150 Road shown on DP 143294 Road 151 One chain road shown on DP 143510 Road 152 One chain road shown on DP 143651 Road 153 Road shown on DP 149520 Road 162 Road shown on DP 156186 Road 163 Road shown on DP 156191 Road 164 Road shown on DP 159495 Road 167 Road shown on DP 161621 Road 170 Road shown on DP 202188 Road 171 Roads in Galena shown on DP 202242 and CPP 504295 Road 172 Road shown on DP 202246 Road 173 Road shown on DP 202249 Road 174 Road shown on DP 202646 Road 175 Road shown on DP 202800 Road 176 Road shown on DP 203324 Road 177 Road shown on DP 203325 Road 178 Road shown on DP 203335 Road 179 Road shown on DP 203336 Road 180 Road shown on DP 203755 Road 181 Road shown on DP 204118 Road 182 Road shown on DP 204338 Road 184 Road shown on DP 204866 Road 185 Roads shown on DP 205825 (being Rushton, Kaiber and Walker Streets) Road 186 Roads shown on DP 206892 (being Grey, Mortimer, Smith, Woods, Coles, Auger and Clotworthy Streets) Road 187 Road shown on DP 207341 Road 190 Road shown on DP 207623 Road 191 Road shown on DP 207624 Road 192 Road shown on DP 207625 Road 195 Road shown on DP 210528 Road 196 Roads shown on DP 232410 Road 200 Road No. 4271 shown on DPs 161287 and 232405 Road 201 Road No. 4271 shown on DPs 165143 – 165143 (inclusive) and Original Plan 7471 Road 203 Road No. 5251 shown on DP 152934 Road 204 Road No. 5251 shown on DP 152934 Road 206 Road No. 5251 as shown on/in Government Gazette 05/02/1928 and Plan 191/80 Road 207 Road No. 6423 as shown on/in Government Gazette 08/04/1921 and DP 232404 Road 208 Road No. 6427 as shown on DP 152430 Road 209 Road No.7095 as shown on/in Government Gazette 11/04/1924 and CPP 503020 Road 212 Road No. 7945 as shown on DP 152443 Road 215 Road No. 8300 shown on DP 204659 Road 216 Road No. 8300 shown on DP 207362 Road 217 Road No. 8301 shown on DPs 165142 and 207470 Road 218 Road No. 8520 shown on DPs 228431 and 152936 Road 219 Road No. 8521 shown on DP 152936, 211660 and 232404 Road 220 Road No. 8570 shown on DPs 165578 – 81 (inclusive) and 207729 Road 221 Road No. 8570 shown on DPs 204676, 204694 and 204695 Road 223 Road widening shown on DP 022368 Road 225 Road shown on DP 065744 Road 226 Road (North West Coastal Highway) shown on DP 181258 Historic Road 01 Road No. 4005 shown on CPP 501727 Historic Road 02 Closed road shown on DP 211633 Historic Road 03 Road (Walker Street) shown on DP 208858 Historic Road 04 Five chain road shown on DP 210152 Historic Road 05 Closed road shown on DP 208904 Historic Road 06 Closed road shown on DP 211660 Historic Road 07 Road (Glass Street) shown on CPP 504470 and DP 213733 Historic Road 12 Road (Porter Street) shown on DP 180358 Historic Road 13 Closed road shown on DP 215111 Historic Road 14 Road No. 12720 shown on/in Government Gazette 28/08/1964 and Public Plan 192/80 Historic Road 15 Road No. 14904 shown on DP 211949 Historic Road 16 Road (Hackney Street [Lot 533]) shown on DP 214519 Historic Road 17 Road No. 12456 shown on/in Government Gazette 14/06/1963 and Original Plan 9206 Historic Road 18 Road (Bridgeman Road) shown on DP 213883 Historic Road 19 Roads (portions of Criddle Street, Blood Street, Magee Street, Ralph Place, Chick Place and Harvey Place) shown on DP 213733 Historic Road 20 Road (Ralph Street [Lot 1008]) shown on DPs 214082 and 93638 Historic Road 24 Closed road shown on DP 232405 Historic Road 25 Closed road shown on DPs 232404 and 207470 Historic Road 26 Closed road shown on DPs 232433 and 207470 Historic Road 27 Road No. 5029 shown as closed on DP 226812 Historic Road 28 Road No. 5290 (Ralphs Road) shown as closed on DP 232407 Historic Road 29 Road shown on DP 226859 Historic Road 31 Road shown on DP 232552 Historic Road 32 Road No. 8301 (deviation and extension) shown on DP 232433 Historic Road 33 Road No. 8520 shown on DP 226632 Historic Road 34 Roads shown on DP 226632 Historic Road 35 Closed road shown on DP 226635 Historic Road 36 Road shown on DP 232384 Historic Road 37 Road shown on DP 232384 Historic Road 38 Closed road shown on DP 232399 Historic Road 39 Road No. 12373 (Ajana-Kalbarri Road) shown on DPs 232399 and 211660 Historic Road 40 Road shown on DP 232410 Historic Road 41 Road shown on DP 232399 Historic Road 42 Road shown on DP 226633 Historic Road 45 Road No. 6427 (North West Coastal Highway) shown on DP 161285 Historic Road 47 Road shown on DP 143390 Historic Road 50 Road No. 8520 shown on DP 228431 Historic Road 51 Road No. 6427 shown on DP 152430 Historic Road 52 Road shown on DP 206425 Historic Road 53 Road shown on DP 208051 Historic Road 54 Road No. 4271 shown on DP 207471 Historic Road 55 Road shown on DP 202245 Historic Road 56 Road No. 7095 shown on/in Government Gazette 11/04/1924 and CPP 503020 Historic Road 58 Road No. 8570 shown on DP 204695 Historic Road 59 Road (Woods Street) shown on DP 206892 Historic Road 67 Road shown on DP 204667
5. Dampier to Bunbury Natural Gas Pipeline
The land and waters the subject of the Dampier to Bunbury Natural Gas Pipeline, being the land of Pipeline Licence PL 40 and the following easements (which are currently held by the Dampier to Bunbury Natural Gas Pipeline Land Access Minister) for the purpose of access to, and the construction, use and maintenance of, a natural gas pipeline and associated apparatus and appurtenances (Dampier to Bunbury Natural Gas Pipeline) for the transmission and conveyance of natural gas:
MapInfo No.
Easement No.
Easement 01 E180193 (3134B/214) Easement 05 E003973 (3134B/359) Easement 06 E367985 (3134B/207) Easement 07 E367983 (3134B/205) Easement 08 E367984 (3134B/206)
6. Taking Orders
(a)The land and waters subject to the following taking orders:
Taking Order
Purpose
J073749 Amalgamation of portion Kalbarri Lot 470 into Kalbarri Lot 10 for the purpose of “Entertainment Centre”. J142592 Inclusion of Lot 1009 into Reserve 38384 “Depot Site” and inclusion of Lot 1010 into Reserve 36021 “Cemetery Site”. J711744 Creation of power line easement. J958910 Sale to LandCorp K103561 Sale of land for subdivisional development for light industrial purposes K627787 Caravan Park K689587 To extend adjoining Reserve 26326 “School Site”. K777890 Park and Recreation K881999 Industrial Development K956110 For sale for commercial purposes L112944 Reservation for harbour purposes L534303 For amalgamation into the adjoining freehold land
(b)The land and waters subject to the following Notices of Resumption under the Land Acquisition and Public Works Act 1902 (WA):
Notification
Purpose
Government Gazette WA
30 April 1996 (page 1876)Subdivisional development and sale of lots as shown on LAWA 1076 Government Gazette WA
25 June 1996 (page 2932)Multi purpose health centre as shown on LAWA 1085 Government Gazette WA
4 July 1997 (page 3492)Sale of lot as shown on Diagram 93072.
7. Railway
The former Northampton to Ajana Railway constructed pursuant to the Northampton – Ajana Railway Act 1911 (WA) (repealed) and whose line is generally described in the Schedule to that Act.
8. Public Works
Any other public work as that expression is defined in the Native Title Act and the Titles Validation Act (including the land and waters on which a public work is constructed, established or situated as described in s 251D of the Native Title Act) and to which s 12J of the Titles Validation Act or s 23C(2) of the Native Title Act applies.
SCHEDULE FIVE
OTHER INTERESTS (PARAGRAPH 10)
The nature and extent of the Other Interests in relation to the Determination Area are as follows.
Land tenure interests registered with the Western Australian Land Information Authority are current as at 29 June 2018. Mining tenements and petroleum interests registered with the Department of Mines, Industry Regulation and Safety are current as at 12 October 2018. All other interests are current as at the date of the determination.
1. Reserves
(a)The following reserves:
Reserve No.
Current / Last Purpose
01056 Stopping Place 01473 Water for Travellers 01475 Use and Benefit of Aboriginal Inhabitants 01802 Resting Place for Travellers and Stock 01803 Resting Place for Travellers and Stock 01804 Resting Place for Travellers and Stock 01805 Resting Place for Travellers and Stock 13126 Camping 13127 Water 14440 Paddock Rabbit Department 16143 Townsite 16331 Water and Conservation of Flora 17499 Cemetery 17633 Hall Site Workers 17670 Camping 18403 Water and Camping Rabbit Department 18983 Sanitary Site 20508 Water 24341 Recreation 24517 Gravel 27004 Kalbarri National Park 34771 Conservation of Flora and Fauna 35206 Recreation 40628 Toolonga Nature Reserve 41560 Pedestrian Access Way 45881 Aerodrome 48527 Sand Supplies and Refuse Site 48528 Gravel, Clay Extraction and Recreation 48529 Parks and Recreation 49704 Park and Recreation (b)The rights and interests of persons who have the care, control and management of the reserves identified in subclause (a) above;
(c)The rights and interests of persons entitled to access and use the reserves identified in subclause (a) above for the respective purposes for which they are reserved, subject to any statutory limitations upon those rights; and
(d)The rights and interests of persons holding leases over areas of the reserves identified in subclause (a) above.
2. Pastoral Leases
(a)The following pastoral leases and the rights and interests of the holders from time to time of those pastoral leases:
Lease No.
Station Name
PL N049654 Yandi PL N049686 Coburn PL N049704 Hamelin PL N049731 Eurardy PL N049949 Talisker PL N050053 Nerren Nerren PL N050496 Meadow PL N050525 Murchison House PL N049576 Tamala Station (b)Any rights and obligations of the pastoralists pursuant to the pastoral leases referred to in clause 2(a) above to adopt and exercise best practice management of the pasture and vegetation resources, livestock and soils within the boundaries of the pastoral leases in order to manage stock and for the management, conservation and regeneration of pasture for permitted uses.
3. Leases
(a)The following lease and the rights and interests of the holders from time to time of that lease:
Lease No.
Description
GE N451762 Grazing (b)Any rights and obligations of the lessee pursuant to the lease referred to in clause 3(a) above to adopt and exercise best practice management of the pasture and vegetation resources, livestock and soils within the boundaries of the lease in order to manage stock and for the management, conservation and regeneration of pasture for the permitted use of the lease.
4. Roads
(a)The following roads and the rights and interests of the persons having the care, control and management of those roads from time to time:
MapInfo ID.
Description
Road 024 Widening of North West Coastal Highway as shown on DP 023486 Road 026 Road widening Road 027 Lot 561 on DP 60562 Portion of Nanda Drive Road 030 North West Coastal Highway Road 031 North West Coastal Highway Road 033 Glass Street road widening Road 034 North West Coastal Highway Road 035 North West Coastal Highway Road 036 North West Coastal Highway widening Road 037 North West Coastal Highway widening Road 038 North West Coastal Highway Road 039 North West Coastal Highway Road 040 Nanda Drive road widening Road 042 North West Coastal Highway widening Road 227 Protected Road located in Ajana townsite - Lots 600 and 601 on DP 408200 (North West Coastal Highway widening) (b)The following leases of roads and the rights and interests of the holders from time to time of those leases:
Lease
Description
RO M383697 Installation, maintenance and operation of telecommunications network facility or radio communications facility (granted over Road 030) RO M384926 Installation, maintenance and operation of telecommunications network facility or radio communications facility (granted over Road 031)
5. Taking Orders
The land and waters subject to the following taking orders and the rights and interests arising from time to time in respect of those taking orders:
Taking Order
Purpose
H390095 Widening of the North West Coastal Highway J372822 Dedication of the North West Coastal Highway
6. Dampier to Bunbury Natural Gas Pipeline
(a)The interests of the Dampier to Bunbury Natural Gas Pipeline Land Access Minister in the land of the Dampier to Bunbury Natural Gas Pipeline Corridor, including State corridor rights, under the Dampier to Bunbury Pipeline Act 1997 (WA), and the interests of any other person in land in the Dampier to Bunbury Natural Gas Pipeline Corridor under ss 34, 36 and 41(2)(b) of the Dampier to Bunbury Pipeline Act 1997 (WA), including the land and waters the subject of the following taking orders:
Taking Order
H950513 H950669 H950807 H951215 H951217 H951227 I209635 (b)For the avoidance of doubt, those interests include:
Interest
Description / Purpose
Easement 03 (E367986 [3134B/208]) Access
7. Mining Tenements
The following mining tenements granted under the Mining Act 1904 (WA) (repealed) and / or the Mining Act 1978 (WA) and the rights and interests of the holders from time to time of those mining tenements:
(a)Exploration Licences
Tenement ID
E 0900940 E 6600089 E 6600094 E 6600097 E 7004650 E 7004930 (b)Mining Leases
Tenement ID
M 0900102 M 0900103 M 0900104 M 0900105 M 0900106 M 0900111 M 0900112 (c)Miscellaneous Licences
Tenement ID
L 0900021 L 0900043 8. Petroleum Interests
The following petroleum interests granted under the Petroleum and Geothermal Energy Resources Act 1967 (WA), the Petroleum (Submerged Lands) Act 1982 (WA) or the Petroleum Pipelines Act 1969 (WA) and the rights and interests of the holders from time to time of those interests:
(a)Pipeline Licences
No.
Name
PL 40
Dampier to Bunbury Natural Gas Pipeline
9. Access to Mining Tenements and Petroleum Interests
(a)Without limiting the operation of any other clause in Schedule Five, but subject to clause 9(b) below, any rights of the holders from time to time of a mining tenement or petroleum interest, including those listed in clauses 7 and 8 of this schedule, to use (including by servants, agents and contractors) such portions of roads and tracks in the Determination Area (existing as at the date of this Determination) as are necessary to have access to the area the subject of the mining tenement or petroleum interest for the purposes of exercising the rights granted by that tenement or interest.
(b)Nothing in clause 9(a) above allows any upgrade, extension, widening or other improvement to the road or track other than work done to maintain it in reasonable repair and in order to leave it in substantially the same condition as it was prior to its use pursuant to clause 9(a).
10. Telstra Corporation Limited
The rights and interests of Telstra Corporation Limited (ACN 051 775 556):
(a)as the owner or operator 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 telecommunications facilities; and
(iii)to alter, remove, replace, maintain, repair and ensure the proper functioning of its telecommunications facilities;
(c)for its employees, agents or contractors to access its telecommunications facilities in and in the vicinity of the Determination Area in the performance of their duties; and
(d)under any lease, licence, permit, access agreement or easement relating to its telecommunications facilities in the Determination Area including, but not limited to, Licence No 2472/101 (Meanarra Hill CMTS) located within Reserve 27004 and granted pursuant to s 101 of the Conservation and Land Management Act 1984 (WA).
11. Other
The following rights and interests in the Determination Area:
(a)Rights and interests, including licences and permits, granted by the Crown in right of the State or of the Commonwealth pursuant to statute or otherwise in the exercise of its executive power and any regulations made pursuant to such statutes;
(b)Rights and interests held by reason of the force and operation of the laws of the State or of the Commonwealth including the Rights in Water and Irrigation Act 1914 (WA);
(c)Rights and interests of members of the public arising under common law, including but not limited to:
(i)the public right to fish;
(ii)the public right to navigate; and
(iii)the right of any person to use and enjoy any roads in the Determination Area (subject to the laws of the State) over which, as at the date of this determination, members of the public have a right of access under the common law;
(d)The right to access the Determination Area by:
(i)an employee, agent or instrumentality of the State;
(ii)an employee, agent or instrumentality of the Commonwealth; or
(iii)an employee, agent or instrumentality of any local government authority,
as required in the performance of his or her statutory or common law duty, including for the purpose of pest management control and fire hazard management on areas of unallocated Crown land;
(e)So far as confirmed pursuant to s 212(2) of the Native Title Act and s 14 of the Titles Validation Act as at the date of this determination, any existing public access to and enjoyment of:
(i)waterways;
(ii)beds and banks or foreshores of waterways;
(iii)coastal waters;
(iv)beaches;
(v)stock routes; and
(vi)areas that were public places at the end of 31 December 1993;
(f)Any other:
(i)legal or equitable estate or interest in the land or waters of the Determination Area; or
(ii)right (including a right under an option and a right of redemption), charge, power or privilege over, or in connection with:
(A)the land or waters of the Determination Area; or
(B)an estate or interest in the land or waters of the Determination Area; or
(iii)restriction on the use of the land or waters of the Determination Area, whether or not annexed to other land or waters.
SCHEDULE SIX
AREAS TO WHICH SS 47A OR 47B APPLY (PARAGRAPH 9)
1. Section 47A
Section 47A of the Native Title Act applies with the effect that any extinguishment by the creation of the following interests (and by the creation of any other prior interests in relation to the area of the following interests) is to be disregarded:
Interest
Description / Purpose
Reserve 01475 Use and Benefit of Aboriginal Inhabitants (Barrel Well)
2. Section 47B
Section 47B of the Native Title Act applies with the effect that any extinguishment over the following areas (to the extent that they were not covered by an interest described in s 47B(1)(b)(i) or (ii) or subject to a resumption process as described in s 47B(1)(b)(iii) of the Native Title Act when the relevant native title determination application was made) is to be disregarded:
MapInfo ID.
Description
Reserve 00656 Public Purposes Reserve 45881 Aerodrome Reserve 48527 Sand Supplies and Refuse Site Reserve 48528 Gravel, Clay Extraction and Recreation Reserve 48529 Parks and Recreation UCL 004 The whole of UCL 004 UCL 108 (part) That part of UCL 108 which was historically covered by Lease 11471/56 and Lease 08403/68 UCL 109 (part) Those parts of UCL 109:
(a) located around Syphon Pool as described in clause 4 of Schedule Three; and
(b) historically covered by Lease 11471/56 and Lease 08403/68
UCL 118 (part) That part of UCL 118 located around Glasses Well as described in clause 5 of Schedule Three UCL 179 (part) That part of UCL 179 historically covered by Lease 11471/56 and Lease 08403/68 UCL 225 (part) That part of UCL 225:
(a) located around Bully Pool as described in clause 6 of Schedule Three; and
(b) located around Wilgie Mia Pool as described in clause 7 of Schedule Three.
SCHEDULE SEVEN
NANDA PEOPLE (PARAGRAPH 3)
The Nanda People are those Aboriginal persons who:
(a)are descended from at least one of the following Nanda apical ancestors:
(i)Jilba;
(ii)Venus;
(iii)Mary Jane Batt;
(iv)Brindy;
(v)Alice McMurray; or
(vi)Polly
Descent includes adoption in accordance with traditional Nanda laws and customs;
(b)identify themselves as Nanda under Nanda traditional law and custom and are so identified by other Nanda People as Nanda; and
(c)have a connection with the land and waters in the Determination Area in accordance with traditional Nanda laws and customs.
REASONS FOR JUDGMENT
MORTIMER J:
The parties agree the following description by one Nanda claim group member embodies the enduring sense of connection of the Nanda People to their country, which is by this Court’s orders the subject of a determination of native title:
I go out and visit my country on every occasion I can. When I’m on country, I’m healing. I’m out of the town, I’m on country, I’m home. I can feel myself and spirit getting better when I’m on country. I clear my mind, I clear everything. And then I go back to the hustle and bustle, build it all up and then go back out to release it all. I get my children out there so they experience it too.
The Court’s determination will preserve, protect and recognise, in contemporary Australian law, what the Nanda People already know, and have always known, about their connection by traditional law and custom to their country.
The applications
The orders made today for the determination of native title arise out of two applications made pursuant to s 61 of the Native Title Act 1993 (Cth). They are proceeding WAD 6136 of 1998 which I will describe as the “Nanda application”, and proceeding WAD 286 of 2018 which I will describe as the “Nanda #2 application”.
The Determination Area is approximately 17,350 sq km of land and waters located in the Geraldton region of Western Australia approximately 200 km south of Carnarvon and approximately 90 km north of Geraldton. It runs along the coast in the Mid-West and southern Gascoyne regions of Western Australia, roughly from the Murchison River to just south of Shark Bay. Three local government regions fall within the Determination Area: (a) the Shire of Northampton; (b) the Shire of Murchison; and (c) the Shire of Shark Bay. The town site of Kalbarri is also included in the Determination Area.
The Nanda application is, in fact, the product of two separate, original applications in WAD 6004 of 1998 and WAD 6136 of 1998. They were combined by orders of this Court on 29 September 2000, and the proceeding number WAD 6136 of 1998 was retained. It is not necessary to set out all the procedural history in detail. There were some early amendments, which also need not be set out in detail.
More recently, there was an amendment, made by orders on 18 July 2018, for two purposes. Firstly the amendment removed part of the Nanda application which was seaward of the lowest astronomical tide. Secondly the amendment removed part of the Nanda application which was on and near Shark Bay because of an inter-Indigenous agreement reached with the native title claimants in the adjoining Malgana Application (WAD 6236 of 1998). The amended Nanda claim was accepted for registration under s 190A(6A) of the Act on 17 August 2018.
Just before this amendment in 2018, the Nanda #2 application was filed. It was filed to seek the benefit of s 47B of the Act, on behalf of the same group of claimants, and overlapped entirely with the Nanda application. Subsequently, by orders made by this Court on 15 October 2018, the area of the Nanda #2 application was reduced, so that it covered only those areas of Bully Pool and Wilgie Mia Pool described in Schedule Three, items 6 and 7 of the Determination.
The parties
The land tenure of the application area consists of large reserves and pastoral leases, unallocated Crown land and freehold land. The tenure is reflected in the identity of the parties to the proceedings and the Determination.
The parties to the Nanda application, are:
(a)the Nanda applicant;
(b)the State of Western Australia;
(c)the Commonwealth of Australia;
(d)Yamatji Marlpa Aboriginal Corporation;
(e)Telstra Corporation Limited; and
(f)the following pastoralists:
(i)BPP Oliver Super Pty Ltd;
(ii)Calum Graham Carruth;
(iii)Alan James Crawford;
(iv)Harold James Crawford;
(v)James Michael Drew;
(vi)Loreto Mary Drew;
(vii)Gabor Holdings Pty Ltd;
(viii)Vivian Roy Porter; and
(ix)Belinda Jean Sparkhall.
The parties to the Nanda #2 application, are:
(a)the Nanda applicant;
(b)the State; and
(c)the Commonwealth of Australia.
The Nanda applicant consists of the following claim group members: Violet Drury, June Ruffin, Gwen Mitchell, Janet Wilton, Gerald John Whitby, Coleen Drage, John Stephen Drage, Annette Pepper, Steven Kelly (grandson of Cornelius Kelly), Lorraine Whitby, Mary Tullock, Steven Kelly (father of Marrick Kelly), William Mallard Jr, William Mallard Sr, Helen Nutter and Nora Mallard.
The Nanda #2 applicant consists of the following claim group members: Derek Drage, Helen Nutter, Annette Pepper, Douglas William Ryder and Delveen Whitby.
The native title holders
Rights and interests in the Determination Area under traditional law and custom are held by the Nanda People by reference to descent, including adoption in accordance with traditional law and custom.
The initial identification of the apical ancestors to whom the native title holders traced their rights and interests in the Determination Area was limited to four individuals: Jilba, Mary Jane Batt, Sarah Feast and Alice McMurry. After a connection report on behalf of the applicant was given to the State on a without prejudice basis, and after further negotiations, the parties agreed to a different description, which is the one to be found in the Determination made by the Court. In that new description, Sarah Feast has been removed as an apical ancestor, on the basis that the connection report concluded Sarah Feast was, more likely than not, not a Nanda person. Added to the list of apical ancestors were Venus (the sister of Jilba), Brindy (one of Mary Jane Batt’s partners) and Polly.
Thus, the native title holders in this Determination Area, described as the Nanda People, are those Aboriginal persons who:
(a)are descended from at least one of the following Nanda apical ancestors:
(i)Jilba;
(ii)Venus;
(iii)Mary Jane Batt;
(iv)Brindy;
(v)Alice McMurray; or
(vi)Polly;
(b)identify themselves as Nanda under Nanda traditional law and custom and are so identified by other Nanda people as Nanda; and
(c)have a connection with the land and waters in the Determination Area in accordance with traditional Nanda laws and customs.
The term “descent” here, and in the Determination, includes adoption in accordance with traditional Nanda laws and customs.
The material before the Court
Aside from the material which accompanied the original Nanda applications, and the Nanda #2 application, no connection material has been filed with the Court. The affidavits which were filed with the Nanda application were not substantive in nature, in terms of providing any evidence about Nanda traditional law and custom.
The Court therefore has:
(a)The original and amended applications under s 61 of the Act in both Nanda and Nanda #2;
(b)A proposed minute of consent determination filed on 21 November 2018 jointly prepared by the applicant and the State, and signed by all relevant parties;
(c)Joint submissions on behalf of the applicant and the State filed on 21 November 2018 in support of the application for consent determination in both proceedings;
(d)An affidavit of Colin McKellar sworn 13 November 2018, in support of the application for consent determination in both proceedings;
(e)An affidavit of Colin McKellar sworn 22 November 2018 confirming the written nomination by the applicant of the Nanda Aboriginal Corporation (ICN 8871) to be the prescribed body corporate pursuant to s 56(2)(a)(i) of the Act; and a document demonstrating the written consent of the Nanda Aboriginal Corporation to be the PBC pursuant to s 56(2)(a)(ii) of the Act.
Material provided to the State of Western Australia
However, significant connection material has been provided to the State. The applicant provided the State with the following material on a without prejudice basis:
(a)Nanda Anthropology Report dated 14 December 2014 prepared by Dr Anna Kenny, which included genealogies, a site register, a resources register and a connection film;
(b)Nanda Supplementary Report #1 dated 29 July 2016 prepared by AnnMarie Volpe;
(c)Nanda Supplementary Report #2 dated 9 December 2016 prepared by AnnMarie Volpe; and
(d)Affidavits or statements from the following Nanda claimants:
(i)Clayton Drage Senior dated 24 June 2018;
(ii)Violet Drury dated 20 December 2001;
(iii)Tim Mallard dated 22 June 2018;
(iv)William Mallard Senior dated 25 March 1999;
(v)Carrum Mourambine dated 22 June 2018;
(vi)Annette Pepper dated 19 June 2018;
(vii)Barry Randall dated 28 December 2001;
(viii)Lucy Ryder dated 23 March 1999 and 18 December 2001;
(ix)June Ruffin dated 2 May 2018; and
(x)Peta Wilson dated 11 June 2018.
I am satisfied the State had ample material on which to make an informed decision about the connection of the Nanda People to the claim area. The basis for connection is also well explained in the joint submissions filed with the Court.
The country of the Nanda People
As I have noted above, the Determination Area is located on the coast of Western Australia and extends inland. It runs from Bluff Point near the southern boundary of the claim area, inland to just west of Dartmoor, north to just west of Muggon and across back to the coast just south of Freycinet Harbour. The Murchison River runs through the claim area in the southern part. There are also a number of waterways and tributaries that form part of the Murchison catchment area within the claim area that are significant to the Nanda People including Long Springs, Cement Slab, Bully Pool, Wilgie Mia Pool and Syphon Pool.
Since European settlement, the nature of the land in the claim area has generally consisted of pastoral leases, national parks or nature reserves. There are eight pastoral stations associated with the claim area: Yandi, Coburn, Hamelin, Eurardy, Talisker, Nerren Nerren, Meadow and Murchison House stations.
The Determination Area also includes some highly significant areas of natural heritage: the Kalbarri National Park, the Zuytdorp Nature Reserve and the Toolonga Nature Reserve. Most of the freehold and leasehold tenure within the Determination Area exists in and around the town of Kalbarri. There are also areas of unallocated Crown land, and these were the subject of the Nanda #2 application.
A brief description of the Nanda People, their traditional law and custom and their country in the claim area
Like all Aboriginal and Torres Strait Islander Peoples, the Nanda People have complex social structures, and as a people are guided by deep and rich traditional law and custom, to which it is not possible to do justice in this short summary. However, it is important that the Court’s record reflect some summary of these matters, as part of acknowledging the importance of the recognition of the native title of the Nanda People by this Determination.
In describing the Nanda People, their traditional law and customs, and their connection to country, the role played by European studies and early accounts about Aboriginal and Torres Strait Islander Peoples in the proof of native title under the current Australian legal system must be noted, without giving a prominence to those studies and accounts which diminishes or drowns out the authentic, abiding voice of the Nanda People themselves in telling the story of their country, and of the traditional laws and customs which connect them to it and have done since time immemorial. Much modern anthropological, ethnographic and historical work strives to give Indigenous people that voice, and such an approach is to be commended.
Rights and interests in country
Nanda country is acknowledged to belong to all Nanda people, who have acquired their rights and interests by descent from a known Nanda ancestor who had a traditional connection to Nanda country. As one socio-territorial language group, united by their acknowledgment and observance of the same body of traditional laws and customs relating to rights and interests in the country of the Determination Area, Nanda People accept and observe that the exercise of those rights is influenced by a number of factors.
Knowledge about country and traditional laws and customs will earn the bearer influence, status and prestige. Active participation in the networks of relatedness and group affairs of the Nanda community is important. Long-term residence near or on Nanda country and recognised, active engagement with the Nanda community is another factor. Being born or having a Nanda ancestor who was born on Nanda country may be relevant, however without a descent based claim from a Nanda ancestor, other relevant criteria such as birthplace, knowledge or long-term residence are not sufficient for claim group membership.
Descent, in and of itself, may also not be sufficient. Although it is the starting point, descent will not confer rights and interests under traditional Nanda law and custom unless those rights and interests are “activated” by social participation in the Nanda group, and thereby recognised by the group. In this way, a significant level of cohesion is achieved.
Nanda spiritual beliefs
The spiritual beliefs of Nanda People connect them to country, provide the context in which many of their laws and customs arise, and demonstrate the way in which the land, waters, flora and fauna that occupy and depend on it, and the people who share it and have responsibilities for it, are woven together.
The snake, or serpent, which lives in some of the springs and pools of the Murchison River, is a central feature of the beliefs of Nanda People. The snake is called bimarda, bimarra, thayidi or ididibarndi. A senior Nanda claimant described it in this way:
Some of the springs on the Murchison River bubble because a water snake is in there. One of these pools is called Beeragudda, that is a proper Nanda name they told me. That snake is in that pool, so you’ve got to be aware when you get there. That pool bubbles, you walk along that pool and it bubbles. That snake is still in there, he never died. He will not hurt you but he is in there. There’s another pool further down, they call him Goonabalinya, funny name. And there’s a snake down in Natt’s pool too. I’ve seen the water bubbling, that’s how you know that he’s still in there. You should not kill the snake because if you kill the snake, the pool will go dry. That is what they told me, if you kill the pool they will die because that is where they belong, they are living in there, sleeping in that pool.
Nanda People believe the creative serpent lives in the waters of their country and created many pools and watercourses by travelling down the Murchison River, and also travelling away from the river, creating further creeks, pools and water sources within Nanda country. Respect should be shown to the snake before using the water sources by throwing sand into the water. This may also pacify the snake when people are nearby.
Early European visitors to the area, such as Augustus Oldfield in 1865, were told of the need to avoid a bubbling spring, because the commotion was caused “by an underground serpent, which continually spews up the water”.
There are also more localised myths, about people and animals who lived in the past, and how they shaped and made the land. There is an emu and kangaroo dreaming associated with Mt Curious, which is located on Murchison House Station and Yoadadalliny hill:
The kangaroo and the emu had a quarrel about which of them should have the egg, and who should have the joey. This quarrel developed into a fight because the kangaroo wanted the egg. The kangaroo made the hill, Yaodadadliny, and emu made Mt Curious. The latter, with its characteristic flat topped shape, was judged to be the better nest. Consequently, it was decided that the emu could keep the egg and the kangaroo kept the joey.
The story of the Wedge-tailed Eagle and the Willy Wagtail is associated with Nature’s Window, a striking rock formation framing an upstream part of the Murchison River in Kalbarri National Park:
Willy Wagtail used to be big and Wedgetail Eagle used to be small. Willy Wagtail was cheeky and boisterous and on an occasion he chased the Wedgetail Eagle through Nature’s Window. As they emerged on the other side they had transformed. The eagle had become big and the cheeky Willy Wagtail small, which nevertheless has not changed his character. He still is cheeky.
Some stories are instructional, about how to find and use the land’s resources. The emu in the sky story tells Nanda people about when is the right time to collect emu eggs:
I remember the old people telling myself about the story of the emu in the sky. You can see the shape of the emu at night amongst the stars and when it becomes clear you will know that the emu has started laying their eggs.
It is not only animals that are present on Nanda country. There are also spirits. They are called innga. The existence of the innga may require Nanda people to behave in certain ways, or create obligations that must be observed. The innga include the “old people” (deceased relatives), “travellers” (spirits that wander across the country) and “little people” (mischievous and meddlesome spirits). Many of these innga are dangerous, and Nanda people are wary of places, thickets and waterways associated with them. When going onto country, the spirits must be spoken to or addressed by Nanda people and have to be respected, just as one would living Nanda elders.
How Nanda people maintained connection to country after European settlement
As for all Aboriginal and Torres Strait Islander Peoples, the coming of Europeans resulted in practical and legal interruption to the rights and interests of Nanda people in their land. However, the parties agree and the Court is satisfied that it did not result in any surrender, or washing away, of traditional rights and interests in Nanda country or in loss of connection to country. With determination and persistence, and through adaptation to the pastoral activities of European settlers, Nanda people maintained an ongoing connection to Nanda country in accordance with their traditional law and customs.
From about 1850, pastoral settlement began in the Determination Area. Dispossession by pastoralists led to conflict, depletion of the natural resources and new diseases inflicted on Nanda people. Like other groups, the Nanda People suffered in many ways, including but not limited to significant population loss. Yet, as I have noted, they also adapted, and found ways to remain on their country by working on stations, therefore also managing to keep their families on country because they could live around the homesteads or at out-camps.
Working on pastoral stations led to multigenerational employment for Nanda people within their country. By the 1950s and 1960s, third and fourth consecutive generations were taking up work on stations in and around Nanda country, alongside their fathers and uncles or extended family members. Other Nanda people lived in townships such as Ajana and Galena, on or near the Determination Area.
This pastoral station work, and associated work on stations, or residence in nearby townships all contributed to the ability of Nanda people to continue to visit, hunt and gather on their country, care for it and look after it in the traditional way, and transmit knowledge about their land to their children.
The parties agree, and the Court accepts, that the following statement from Dr Kenny’s Connection Report describes how that connection was maintained through inter-generational visits to country and activities on country:
Nanda people living on stations and in townships often did not have much money and were dependent on hunting and foraging for bush foods to supplement their diets. They took their children and grandchildren with them and taught them how to feed themselves from the land. Children also ‘knocked about’ the bush on weekends and holidays, taking care of their own food. [Two senior claimants] told me that in their childhood they fished, hunted and collected bush tucker ‘all the time’:
We used to go down to the river from Galena and find sugarbrothers, boggata beans, kylies and kumberalas – mum and dad showed us. Matha are bulbs that grew in winter. They are very hot. Njakus are little white round onions on the sand plains. Quandong, silver wattle gum. In winter we children would go off looking for mushrooms from Galena. We would catch fish in the river and look for worms. Yellowtail fish were at Galena, but mum would not eat them or cook them.
The pastoral work did not last however, and from the 1970s onwards, some Nanda people were forced to move to larger regional centres. The mines around Galena also closed, which forced more people to move to be able to survive. People moved to places such as Geraldton, Northampton, Denham and Carnarvon, all outside of the Determination Area. Many Nanda people still live in these places today. However, those Nanda people who live outside the Determination Area continue to camp, fish, hunt and gather on their country on weekends and during holidays.
Some Nanda people managed to stay on country, and still do, living at places near Kalbarri such as Barrel Well and Kelly Camp.
Even from this brief summary, it can be seen that native game and plant foods have always been important to Nanda people, and continue to be. They retain their knowledge about the numerous edible or useful native plants which exist in the Determination Area. They still hunt and collect foods including Mallee fowl eggs, bangara (lizards), bardi (grubs), echidnas, bigurda (kangaroo) and emu and emu eggs. Fishing on the coast and in the pools of the Murchison River is another traditional activity. In the freshwater pools they catch bream and yellowtail and on the coast they catch a number of different fish such as snapper, mullet, rock cod and parrotfish. Coastal use also includes collecting periwinkles, oysters, abalone and kurnaaku (crayfish).
As reflected in the connection material for the Nanda application, Nanda peoples’ own accounts of their history, their traditional way of life, their laws and customs and how those laws and customs connect them to country, can be placed in a post-European settlement context by some of the ethnographic materials set out in the connection materials, and which are outlined in the joint submissions in support of the consent determination.
One of the earliest European visitors to the Determination Area, whom I have already mentioned, was Augustus Oldfield, a botanist who from around 1865 wrote the first serious ethnographic report relating to Nanda country. Also around that time, and onwards into the early 20th century, a number of Europeans who either lived in the area, or visited it, documented accounts or references to the Nanda People and their connection to the Determination Area. These included:
(1)Edward Micklethwaite Curr, a pastoralist and writer originally from Tasmania who in the 1880s collated information from correspondence with settlers, police officers and colonial officials around Australia into his four volume work entitled The Australian Race: Its Origins, Languages, Customs (Melbourne, 1886-87);
(2)Robert Hamilton Mathews, a surveyor in New South Wales who, with an interest in Aboriginal societies and language, retired from surveying in the 1890s to devote himself to the study of the linguistics, social structure, ceremonial life, customs, art and beliefs of Aboriginal peoples in various parts of Australia, including references to the Nanda People; and
(3)Daisy Bates, about whom I have written, expressing mixed views, in Narrier v State of Western Australia [2016] FCA 1519 (Tjiwarl) at [462]-[493]. Ms Bates referred to the Nanda people in some of her works published between 1904 and 1912.
The joint submissions referred to the works of other anthropologists and ethnographers, whose works also had some references to the Nanda People, but it is not necessary to set them out in these reasons. The focus should be, through the connection materials and the State’s acceptance of them, on what Nanda people themselves, and those experts who have in contemporary times been working with them for the purposes of these applications, have had to say about their society and its traditional laws and customs.
The applicable requirements of s 87 and s 87A
It is not necessary to set out the statutory requirements in s 87 and s 87A. The basic requirements are similar as between s 87 and s 87A, although there are additional requirements in s 87A because it relates to only part of a claim area.
I am satisfied, and the parties agree:
(a)the s 66 notice period has expired (ss 87(1) and 87A(1)(b));
(b)as I have explained above, there is agreement that the proposed determination relates to only part of the land and waters the subject of the Nanda application (s 87A(1)(b)). This condition is not relevant to the Nanda #2 application;
(c)the relevant parties, in both the Nanda application and the Nanda #2 application, have filed the terms of their agreement, by providing a proposed minute of consent determination (ss 87(1)(a), 87(1)(b), 87A(1)(c), 87A(1)(d) and 87A(2));
(d)the minute has been signed by all relevant and applicable respondent parties and by the applicant (s 87A(1)(c)), including the Yamatji Marpla Aboriginal Corporation, which is the representative Aboriginal and Torres Strait Islander body for the region. This means no further notice is required to be given under s 87A(3), and at the time of the preparation of these reasons for judgment, and the making of the Court’s orders, there are no objections for the Court to take into account under s 87A(8) of the Act; and
(e)there are no other registered native title claimants or persons who claim to hold native title in relation to the Determination Area (s 87A(1)(c)(ii) and (vi)).
I am satisfied the orders sought are both consistent with the terms of the parties’ agreement as reflected in the minute of consent determination, and are within the Court’s power to pronounce (s 87(1)(c) and s 87A(4)(a)).
Whether it is appropriate to make the orders sought
The requirement that the Court be satisfied that the order is “appropriate” is present in both s 87 and s 87A. It is obviously a core requirement. It is common ground that the applicable principles are the same.
I set out my approach to the question of “appropriateness”, and the Court’s function in Freddie v Northern Territory [2017] FCA 867 at [16]-[18] and I adopt without repeating what I said in those paragraphs, which is equally applicable to s 87A. I also noted in Freddie at [20] that it is important to see the exercise of the judicial power in s 87 in the context of the Court’s jurisdiction as a whole, and its foundational legislation, the Federal Court of Australia Act 1976 (Cth), and in particular s 37M and s 37N of that Act. This applies equally to s 87A.
I respectfully agree with the observations of Mansfield J in Brown v Northern Territory of Australia [2015] FCA 1268 at [23], about the Court’s task in these circumstances:
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) 115 FCR 109 at [29]-[30] per Emmett J.
This means there must be probative material before the Court to enable it to assess whether the matters set out in s 225 of the Act can be determined to exist, and to have always existed, so that the claimants’ connection to their country, and their rights and interests in accordance with traditional law and custom can be recognised.
As is often the case, the principal source for the Court’s assessment is what is contained in the joint submissions filed on behalf of the key active parties: the applicant and the State. There has been no agreed statement of facts filed pursuant to s 87A(9) of the Act.
In Freddie at [23]-[24], I pointed to the State’s public responsibility to ensure any agreement made under s 87 (and this applies also to agreements made under s 87A) is one which is in the interests of the community it represents. Part of its responsibility is to satisfy itself there is a sufficient basis for concluding that the proposed determination is capable of satisfying the requirements of s 225 of the Act, but the way in which the State satisfies itself of that matter may vary considerably from case to case. No minimum requirements of proof can or should be set out. However, if the State embarks on such a course, and ultimately accepts it is appropriate to recognise the existence of native title in the claim group, then the Court is entitled to proceed on the basis the State has made a reasonable and rational assessment of the material to which it has been given access.
The joint submissions record the State’s position that there is sufficient material for it to be satisfied there is a “credible or cogent basis” for the proposed determination of native title, in that the Nanda People are:
…bound together by a normative system of laws and customs which, on the basis of known fact and reasonable inference, has continued to be observed by [the Nanda People] in a substantially uninterrupted manner since prior to the declaration of sovereignty over Western Australia. Further, the Nanda people have maintained a physical presence in the Determination Area since the acquisition of British sovereignty and evidence of their continuing physical or spiritual involvement in the Determination Area was sufficient to enable the First Respondent to conclude that this connection had not been severed. Taken together, the First Respondent was satisfied that the material presented was sufficient to evidence the maintenance of connection according to traditional laws and customs in the Determination Area.
The State has, as the joint submissions record, conducted searches of land tenure, mining and petroleum registries to determine the nature and extent of “other interests” within the Determination Area. I am satisfied the searches have been carried out with the State’s usual diligence, and that the relevant interests are included in Schedule 5 of the proposed Determination.
Based on all the material, and for reasons I have set out, the Court is satisfied that it is appropriate to make the determination of native title that is jointly sought by the relevant parties. The Court is also satisfied that the proposed Determination sets out a description of the nature and extent of the native title rights and interests of the Nanda People in relation to the Determination Area, and sets out the “other interests”, so as to comply with s 225 of the Act, and with s 223.
Finally, the Court is satisfied that the Nanda applicant and the Nanda #2 applicant have agreed to the minute of consent determination pursuant to the authority conferred on them by s 62A of the Act, which empowers those individuals constituting an applicant to “deal with all matters arising under this Act in relation to the application.” Further, at a claim group meeting at Geraldton on 1 September 2018, the Nanda People authorised the two applicants to consent to the Court making a determination in, or consistent with, the terms of the minute.
Nomination of a prescribed body corporate
As I have noted above, through Mr McKellar’s affidavit, the applicants have nominated the Nanda Aboriginal Corporation (ICN 8871) to be the PBC pursuant to s 56(2)(a)(i) of the Act, and have filed documentary consent of the Nanda Aboriginal Corporation to be the PBC pursuant to s 56(2)(a)(ii) of the Act.
Mr McKellar deposes to a meeting of the Nanda native title claim group on 16 June 2018, and that one notified purpose of this meeting was to incorporate the Nanda Aboriginal Corporation so that it could be the Nanda PBC. His evidence was that the number of Nanda claim group members in attendance at the June meeting was consistent with attendance at previous claim group meetings.
He deposed that the meeting authorised the incorporation of the Nanda Aboriginal Corporation as the PBC which is to hold Nanda native title on trust for the common law holders. Mr McKellar’s further affidavit annexes a letter from Annette Pepper (a member of the applicant for both Nanda and Nanda #2) confirming that at the 16 June 2018 meeting there was unanimous consensus from the Nanda claim group that they intend the Nanda Aboriginal Corporation to be the Nanda PBC, and that the native title would be held by that corporation on trust.
Mr McKellar’s evidence was that all, or almost all of the Nanda persons who attended the 16 June 2018 meeting became incorporation members of the Nanda Aboriginal Corporation. He deposed that all members of the Nanda Aboriginal Corporation are persons who are included or are proposed to be included in the Nanda Determination as native title holders as required by reg 4(2)(b) of the Native Title (Prescribed Bodies Corporate) Regulations 1999 (Cth).
On Mr McKellar’s evidence, at a meeting on 2 November 2018, the directors of the Nanda Aboriginal Corporation unanimously resolved to accept the nomination to hold Nanda native title in trust for the Nanda common law holders. The directors unanimously passed the resolution accepting Nanda Aboriginal Corporation’s nomination.
Mr McKellar annexed to his affidavit a copy of the Nanda Aboriginal Corporation Certificate of Registration.
I accept Mr McKellar’s evidence. The Court is therefore able to perform its function under s 55 of the Act at the same time as making a determination of native title, and to determine pursuant to s 56(2)(b) of the Act that the Nanda Aboriginal Corporation (ICN 8871) is to hold the rights and interests from time to time comprising the native title of the Nanda People in the Determination Area in trust for the common law holders of that title.
CONCLUSIONS ON THE APPLICATION
A determination of native title will be made in accordance with the parties’ proposed minute. A determination under s 56(2)(b) will also be made.
The Nanda People finally have recognition by Australian law of their native title. They are to be admired for their persistence and determination, in light of the many obstacles facing Aboriginal people and their communities. Their legal representatives, and their representative body, are to be congratulated for the support and assistance provided. The responsible and important role played by the State in this outcome should be favourably recognised. So too, the attitude and support of the other active respondents for this outcome.
I certify that the preceding sixty-nine (69) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Mortimer. Associate:
Dated: 28 November 2018
- AGLC
- Drury on behalf of the Nanda People v State of Western Australia [2018] FCA 1849
- Case
- [2018] FCA 1849
- Decision Date
CaseChat Overview and Summary
The Court found that native title existed in the claimed area, held by the Nanda People, but was extinguished in certain parts due to prior grants of freehold estates. However, sections 47A and 47B of the Native Title Act 1993 (Cth) were applied to disregard certain extinguishments. The Court also determined the specific rights and interests of the Nanda People, including exclusive rights to possession, occupation, use, and enjoyment of certain areas and non-exclusive rights in other areas. These rights were subject to traditional laws and customs and were not applicable for commercial purposes. The Court further outlined the nature and extent of other interests in the area and their relationship with the native title rights.
The Court concluded that the proposed determination by the parties appropriately reflected the native title rights and interests of the Nanda People. The Nanda Aboriginal Corporation was appointed to hold the native title in trust for the Nanda People. No orders were made regarding costs. The Court's decision recognised the persistence and determination of the Nanda People and commended the role of their legal representatives, the State, and other respondents in reaching this outcome.
Orders
Orders of the court
1. In so far as native title determination application WAD 6136 of 1998 relates to land and waters also overlapped by native title determination application WAD 286 of 2018, it is dismissed.
2. In relation to the Determination Area, there be a determination of native title in WAD 6136 of 1998 and WAD 286 of 2018 in the terms provided for in Attachment A.
3. The Nanda Aboriginal Corporation (ICN 8871) shall hold the determined native title in trust for the native title holders pursuant to s 56(2)(b) of the Native Title Act 1993 (Cth).
4. There be no order as to costs.
Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
ATTACHMENT A
DETERMINATION
THE COURT ORDERS, DECLARES AND DETERMINES THAT:
Existence of native title: s 225 Native Title Act
1. Native title exists in the Determination Area in the manner set out in paragraphs 4 and 5 of this determination.
2. Native title does not exist in those parts of the Determination Area that are identified in Schedule Four.
Native title holders: s 225(a) Native Title Act
3. The native title in the Determination Area is held by the Nanda People.
The nature and extent of native title rights and interests: ss 225(b) and 225(e) Native Title Act
Exclusive Rights and Interests
4. Subject to paragraphs 6, 7 and 8, the nature and extent of the native title rights and interests in relation to the Exclusive Area is:
(a) except in relation to flowing and underground water, the right to possession, occupation, use and enjoyment of the Exclusive Area to the exclusion of all others; and
(b) in relation to flowing and underground water, the right to use and enjoy the flowing and underground water, including:
(i) the right to hunt on, fish from, take and use the resources of the flowing and underground water; and
(ii) the right to take and use the flowing and underground water.
Non Exclusive Rights and Interests
5. Subject to paragraphs 6, 7 and 8 the nature and extent of the native title rights and interests in relation to the Non-Exclusive Area is that they confer the following non-exclusive rights on the Nanda People:
(a) the right to enter and remain on the Non-Exclusive Area, camp, erect temporary shelters and to travel over and visit any part of the Non-Exclusive Area;
(b) the right to hunt, fish, gather and use the resources of the Non-Exclusive Area;
(c) the right to take and use water;
(d) the right to engage in cultural activities on the Non-Exclusive Area, including:
(i) visiting places of cultural or spiritual importance and protecting those places by carrying out lawful activities to preserve their physical or spiritual integrity; and
(ii) conducting ceremony and ritual, including burial rites; and
(e) the right to be accompanied onto the Non-Exclusive Area by those persons who, though not native title holders, are:
(i) spouses, partners, parents or children of the native title holders;
(ii) people who are members of the immediate family of a spouse, partner, parent or child of a native title holder; or
(iii) people entering the Determination Area in connection with the performance of ceremonies or cultural activities in accordance with traditional laws and customs.
Qualifications on the native title rights and interests
6. The native title rights and interests are subject to and exercisable in accordance with:
(a) the laws of the State and the Commonwealth, including the common law; and
(b) the traditional laws and customs of the Nanda People for personal, domestic, and communal purposes (including social, cultural, religious, spiritual and ceremonial purposes) but not for commercial purposes.
7. Notwithstanding anything in this determination, there are no native title rights and interests in the Determination Area in relation to:
(a) minerals as defined in the Mining Act 1904 (WA) (repealed) and in the Mining Act 1978 (WA), except to the extent that ochre is not a mineral pursuant to the Mining Act 1904 (WA);
(b) petroleum as defined in the Petroleum Act 1936 (WA) (repealed) and in the Petroleum and Geothermal Energy Resources Act 1967 (WA);
(c) geothermal energy resources and geothermal energy as defined in the Petroleum and Geothermal Energy Resources Act 1967 (WA); or
(d) water lawfully captured by the holders of the Other Interests.
8. The native title rights and interests set out in paragraphs 4(b) and 5 do not confer:
(a) possession, occupation, use and enjoyment of those parts of the Determination Area on the Nanda People to the exclusion of all others; nor
(b) a right to control the access to, or use of, those parts of the Determination Area or its resources.
Sections 47A or 47B of the Native Title Act
9. Sections 47A and 47B of the Native Title Act apply to disregard any prior extinguishment in relation to the areas described in Schedule Six.
The nature and extent of any Other Interests
10. The nature and extent of the Other Interests are described in Schedule Five.
Relationship between native title rights and Other Interests
11. Except as otherwise provided for by law, the relationship between the native title rights and interests described in paragraphs 4 and 5 and the Other Interests is that:
(a) to the extent that any of the Other Interests are inconsistent with the continued existence, enjoyment or exercise of the native title rights and interests, the native title rights and interests continue to exist in their entirety, but the native title rights and interests have no effect in relation to the Other Interests to the extent of the inconsistency during the currency of the Other Interests; and otherwise,
(b) the existence and exercise of the native title rights and interests do not prevent the doing of any activity required or permitted to be done by or under the Other Interests and the Other Interests, and the doing of any activity required or permitted to be done by or under the Other Interests, prevail over the native title rights and interests and any exercise of the native title rights and interests, but do not extinguish them.
Definitions and Interpretation
12. In this determination, unless the contrary intention appears:
“Determination Area” means the land and waters described in Schedule One and depicted on the maps at Schedule Two;
“Exclusive Area” means those lands and waters of the Determination Area described in Schedule Three (which areas are generally shown as shaded green on the maps at Schedule Two);
“flowing water” means the following water within the Determination Area:
(a) water which flows, whether permanently, intermittently or occasionally, within any river, creek, stream or brook; and
(b) any natural collection of water into, through, or out of which a river, creek, stream or brook flows;
“Nanda People” means the people described in Schedule Seven and referred to in paragraph 3;
“Native Title Act” means the Native Title Act 1993 (Cth);
“Non-Exclusive Area” means those lands and waters of the Determination Area which are not Exclusive Areas or described in paragraph 2 as an area where native title does not exist (which areas are generally shown as shaded yellow on the maps at Schedule Two);
“Other Interests” means the legal or equitable estates or interests and other rights in relation to the Determination Area described in Schedule Five and referred to in paragraph 10;
“resources” means flora, fauna, and other natural resources such as charcoal, stone, soil, sand, clay, gravel, timber, resin and ochre (except, for the avoidance of doubt, ochres for use in the manufacture of porcelain, fine pottery or pigments which are minerals pursuant to the Mining Act 1904 (WA) (repealed));
“Titles Validation Act” means the Titles (Validation) and Native Title (Effect of Past Acts) Act 1995 (WA);
“underground water” means water from and including an underground water source, including water that percolates from the ground; and
“use” does not include use by way of trade.
13. In the event of any inconsistency between the written description of an area in Schedule One, Three, Four, Five or Six and the area as depicted on the map at Schedule Two the written description prevails.
SCHEDULE ONE
DETERMINATION AREA
The Determination Area, generally shown as bordered in blue on the maps at Schedule Two, comprises all land and waters bounded by the following description:
All those lands and waters commencing at a point on the eastern boundary of Pastoral Lease N049576 (Tamala) at Latitude 26.635591 South and extending easterly to Latitude 27.630981 South, Longitude 114.031482 East; Then easterly to a western boundary of Lot 214 as shown on Deposited Plan 220375 at Latitude 26.598612 South being a point on the present boundary of Native Title Determination WAD6033/1998 Wajarri Yamatji Part B (WCD2018/002); Then generally southerly along the boundaries of that native title determination to the intersection with a northern boundary of Native Title Determination WAD6033/1998 Wajarri Yamatji Part A (WCD2004/010); Then generally southerly along the boundaries of that native title determination to the intersection of Latitude 27.516422 South; Then generally southwesterly and generally westerly through the following coordinate positions:
Latitude (South)
Longitude (East)
27.519708
115.224597
27.520539
115.222755
27.520224
115.220720
27.519729
115.218438
27.519549
115.216790
27.520308
115.215371
27.521439
115.214523
27.523508
115.213930
27.525829
115.213454
27.527758
115.213129
27.528780
115.214195
Then southeasterly to a point at the intersection of a line joining coordinate positions Latitude 27.544635 South, Longitude 115.190358 East and Latitude 27.520530 South, Longitude 115.228852 East with a line joining coordinate positions Latitude 27.528780 South, Longitude 115.214195 East and Latitude 27.529570 South, Longitude 115.215606 East; Then southwesterly to a point at the intersection of a line joining coordinate positions Latitude 27.544635 South, Longitude 115.190358 East and Latitude 27.520530 South, Longitude 115.228852 East with a line joining coordinate positions Latitude 27.534774 South, Longitude 115.206972 East and Latitude 27.533937 South, Longitude 115.205689 East; Then generally westerly and southerly through the following coordinate positions:
Latitude (South)
Longitude (East)
27.533937
115.205689
27.534227
115.204085
27.534217
115.202580
27.537054
115.202046
Then southerly to a point at the intersection of a line joining coordinate positions Latitude 27.544635 South, Longitude 115.190358 East and Latitude 27.520530 South, Longitude 115.228852 East with a line joining coordinate positions Latitude 27.537054 South, Longitude 115.202046 East and Latitude 27.538650 South, Longitude 115.201845 East; Then southwesterly to a point at the intersection of a line joining coordinate positions Latitude 27.544635 South, Longitude 115.190358 East and Latitude 27.520530 South, Longitude 115.228852 East with a line joining coordinate positions Latitude 27.540675 South, Longitude 115.198499 East and Latitude 27.540963 South, Longitude 115.195892 East; Then generally northwesterly and generally westerly through the following coordinate positions:
Latitude (South)
Longitude (East)
27.540963
115.195892
27.541052
115.192382
27.540438
115.190548
27.539178
115.187833
27.538555
115.185653
27.538168
115.182755
27.537892
115.180321
27.537198
115.178474
27.536446
115.176589
27.535568
115.176039
27.535031
115.175905
27.534293
115.175022
27.533624
115.174204
27.532630
115.172483
27.532166
115.170549
27.532156
115.169134
27.531870
115.165118
27.531117
115.163335
27.530248
115.161770
27.529019
115.160792
27.528039
115.160101
27.527414
115.159425
27.526975
115.158468
27.526825
115.157271
27.525532
115.155636
27.524098
115.153190
27.522922
115.151326
27.521737
115.149178
27.521263
115.146974
27.520451
115.145398
27.519767
115.143603
27.518606
115.141392
27.517524
115.139104
27.517006
115.136642
27.516656
115.134723
27.516282
115.132803
27.515809
115.130535
27.515515
115.128693
27.515126
115.127287
27.514483
115.126020
27.513605
115.125510
27.512756
115.125527
27.511698
115.125863
27.509893
115.125188
27.509493
115.123666
27.509368
115.122212
27.508756
115.120020
27.508246
115.117932
27.507379
115.116071
27.506419
115.114338
27.506426
115.112127
27.506967
115.110577
27.507883
115.109340
27.508186
115.107376
27.508641
115.105118
27.509095
115.102963
27.510098
115.102202
27.510905
115.103072
27.511571
115.104352
27.512853
115.104622
27.514214
115.103647
27.514731
115.102174
27.514868
115.100825
27.515154
115.099542
27.515035
115.098667
27.514763
115.096916
27.514801
115.095103
27.515509
115.094056
27.515947
115.092479
27.516525
115.090749
Then southwesterly to an eastern boundary of Reserve 1805 at Latitude 27.516526 South; Then westerly to a western boundary of Reserve 1805 at Latitude 27.516787 South; Then generally westerly through the following coordinate positions:
Latitude (South)
Longitude (East)
27.516821
115.074337
27.517434
115.073240
27.518105
115.072514
27.519241
115.070995
27.519600
115.069083
27.519946
115.067467
27.520739
115.065791
27.521806
115.064323
27.523152
115.063732
27.523801
115.062852
27.523776
115.061643
27.523773
115.060614
27.524126
115.059551
27.524433
115.058435
27.524374
115.057200
27.523877
115.056308
27.523366
115.055698
27.523191
115.054591
27.523128
115.052508
27.522913
115.050615
27.522332
115.048706
27.521468
115.047888
27.520715
115.047379
27.520498
115.045834
27.520238
115.043890
27.520457
115.042375
27.521030
115.040889
27.521359
115.039890
27.521687
115.038993
27.521559
115.037796
27.521026
115.037031
27.520288
115.036200
27.520063
115.035594
27.520228
115.034991
27.520955
115.034523
27.521864
115.034018
27.523453
115.033133
27.525448
115.031701
27.527069
115.029724
27.528137
115.028063
27.528441
115.025880
27.528381
115.023243
27.528062
115.021427
27.527680
115.020497
27.526837
115.019782
27.526086
115.019132
27.525797
115.017933
27.525877
115.016519
27.526555
115.014790
27.527174
115.013228
Then southwesterly to an eastern boundary of the northern severance of Reserve 1804 at Latitude 27.527989 South; Then southwesterly to the intersection with a northeastern boundary of Native Title Application WAD6001/2000 Hutt River (WC2000/001) at Longitude 114.674773 East; Then northwesterly to Latitude 27.857930 South, Longitude 114.107262 East; Then due west to the intersection with the Lowest Astronomical Tide; Then generally northerly and generally northwesterly along that Lowest Astronomical Tide to Latitude 26.911446 South; Then northeasterly to the eastern boundary of Pastoral Lease N049576 (Tamala) at Latitude 26.895648 South; Then northerly along the eastern boundary of that Pastoral lease back to the commencement point.
Note: Geographic Coordinates provided in Decimal Degrees.
All referenced Deposited Plans and Diagrams are held by the Western Australian Land Information Authority, trading as Landgate.
Cadastral boundaries sourced from Landgate’s Spatial Cadastral Database dated 1st March 2016.
Lowest Astronomical Tide depicted from the Low Water Mark sourced from Landgate’s Spatial Cadastral Database dated 1st March 2016.
For the avoidance of doubt the application excludes any land and waters already claimed by:
Native Title Determination Application WAD6236/1998 The Malgana Shark Bay People’s Application (WC1998/017) as Registered by the Native Title Registrar on the 30th March 1998.
Native Title Determination Application WAD6033/1998 Wajarri Yamatji (WC2004/010) as Registered by the Native Title Registrar on the 5th December 2005.
Native Title Determination Application WAD6033/1998 Wajarri Yamatji Part A (WCD2017/007) as Determined in the Federal Court on the 19th October 2017.
Native Title Determination Application WAD6033/1998 Wajarri Yamatji Part B (WCD2018/002) as Determined in the Federal Court on the 23rd April 2018.
Native Title Determination Application WAD6119/1998 Mullewa Wadjari Community (WC1996/093) as Registered by the Native Title Registrar on the 19th August 1996.
Native Title Determination Application WAD6001/2000 Hutt River (WC2000/001) as Registered by the Native Title Registrar on the 7th July 2000.
Native Title Determination Application WAD339/2018 Malgana 2 (WC2018/014) as filed in the Federal Court on the 30th July 2018.
Native Title Determination Application WAD339/2018 Wajarri Yamatji #2 (WC2018/004) as filed in the Federal Court on the 1st July 2017.
Native Title Determination Application WAD32/2018 Wajarri Yamatji #3 (WC2018/001) as filed in the Federal Court on the 5th February 2018.
Datum: Geocentric Datum of Australia 1994 (GDA94)
Prepared By: Graphic Services (Landgate) 10th October 2018
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.
SCHEDULE TWO
MAPS OF THE DETERMINATION AREA
SCHEDULE THREE
EXCLUSIVE AREAS
Areas where native title comprises the rights set out in paragraph 4
Native title comprises the rights and interests set out in paragraph 4 of the determination in relation to the following areas (which areas are generally shown as shaded green on the maps at Schedule Two):
1. Reserve 00656 as described in Government Gazette 1st April 1884 page 152.
2. Reserve 01475 (Barrel Well).
3. UCL 004 - All that area commencing at the southwestern corner of Road 179 being a point on an eastern boundary of Reserve 12996 and extending generally northwesterly and northerly along that Reserve to the intersection with a southern boundary of Pastoral Lease N050525 (Murchison House); Then easterly along the southern boundary of that pastoral lease to the intersection with the eastern boundary of Road 179: Then generally southwesterly along that eastern boundary back to the commencement point.
4. All that portion of UCL 109 located around Syphon Pool that falls within the boundary commencing at the intersection of Longitude 114.572345 East and the right bank of the Murchison River and extending generally northeasterly along the right bank of that river approximately 500m to the intersection with Longitude 114.576702 East; Then northwesterly to the intersection of the southern boundary of Road 126 with Longitude 114.575189 East; Then southwesterly along the southern boundary of that Road to the intersection with Longitude 114.571729 East; Then southeasterly back to the commencement point.
5. All that portion of UCL 118 located around Glasses Well that falls within the boundary commencing at the intersection of the eastern boundary of CT0011700160 and the right bank of a southern tributary of the Murchison River at approximate Latitude 27.830070 South; Then extending generally easterly and northerly along that bank to the intersection with the left bank of the main tributary of the Murchison River at approximate Longitude 114.701883 East; Then northwesterly and generally southwesterly along that bank to the intersection with the right bank of a southern tributary of the Murchison River at approximate Longitude 114.692276 East; Then generally southeasterly along that bank to intersection of the northern boundary of CT0011700160 at approximate Longitude 114.6930497 East; Then easterly and southerly along boundaries of CT0011700160 back to the commencement point.
Reserve 28750 is excluded from this area.
6. All that portion of UCL 225 located around Bully Pool that falls within the boundary commencing at Latitude 27.611899 South, Longitude 114.275501 East and then extending northerly, generally southeasterly, generally southerly, generally westerly and northwesterly passing through the following coordinate positions;
Latitude (South)
Longitude (East)
27.609342
114.276691
27.609692
114.279474
27.611709
114.284431
27.614092
114.288173
27.621320
114.289011
27.625703
114.288328
27.634387
114.282856
27.640833
114.282595
27.643428
114.282105
27.644880
114.276696
27.643800
114.270316
27.641685
114.263756
27.634504
114.258715
Then northwesterly to the intersection of the left bank of the Murchison River and Longitude 114.2601621 East. Then easterly, generally northeasterly and northwesterly along the left bank of that River until the intersection with Latitude 27.614161 South; Then northwesterly to Latitude 27.614235 South, Longitude 114.271687 East; Then northwesterly back to the commencement point.
7. All that portion of UCL 225 located around Wilgie Mia Pool that falls within the boundary commencing at Latitude 27.495831 South, Longitude 114.373594 East and extending generally westerly and generally northwesterly through the following coordinate positions;
Latitude (South)
Longitude (East)
27.496445
114.372947
27.496475
114.372914
27.499188
114.370054
27.502873
114.363910
27.503608
114.357880
27.502700
114.351557
27.496736
114.345675
27.495035
114.344742
27.494933
114.344687
Then northwesterly to the intersection of a line being the 500 metre buffer southeasterly from the left bank of the Murchison River with Longitude 114.342670 East; Then generally northeasterly along that line until the intersection with Longitude 114.350204 East; Then northwesterly to the intersection of the left bank of that river with Longitude 114.348994 East; Then generally easterly along the left bank of that river approximately 500m to the intersection with Longitude 114.353927 East; Then southeasterly to the intersection of a line being the 500 metre buffer southeasterly from the left bank of the Murchison River with Longitude 114.355084 East; Then along that line to the intersection between that line with Longitude 114.374251 East; Then northeasterly to the intersection with the left bank of the Murchison River with Latitude 27.479977 South; Then southeasterly along that left bank approximately 500m to the intersection with Latitude 27.484167 South; Then westerly to the intersection of a line being the 500 metre buffer westerly from the left bank of the Murchison River with Longitude 114.374794 East; Then generally southwesterly and southeasterly along that line to the intersection with Latitude 27.494601 South; Then southwesterly back to the commencement point.
SCHEDULE FOUR
AREAS WHERE NATIVE TITLE DOES NOT EXIST (PARAGRAPH 2)
Native title does not exist in relation to land and waters the subject of the following interests within the Determination Area which, with the exception of public works (as described in clause 8 of this Schedule), are generally shown as shaded in pink on the maps at Schedule Two:
1. Freehold
The following grants of estates in fee simple:
Certificate of Title
CT0006900014A
CT0007500114A
CT0007900166A
CT0008600197A
CT0009500159
CT0010700165A
CT0010700166A
CT0011200013A
CT0011700160
CT0012400054A
CT0012400096A
CT0012400168A
CT0012400175A
CT0017500106A
CT0017900124A
CT0017900137A
CT0019200001A
CT0019900120A
CT0020500068A
CT0020500129A
CT0023400031A
CT0023400033A
CT0023900165A
CT0023900185A
CT0024000014A
CT0024000090A
CT0027100105A
CT0027200089A
CT0027900179A
CT0027900180A
CT0028100043A
CT0031300078A
CT0034900120A
CT0036400078A
CT0039000186A
CT0040500148A
CT0040500149A
CT0042100001A
CT0042100162A
CT0047400102A
CT0048000179A
CT0050800146A
CT0051700168A
CT0052000059A
CT0052000184A
CT0052200085A
CT0061000055A
CT0063100018A
CT0099200150
CT0099200151
CT0099400031
CT0099400032
CT0099400033
CT0099400034
CT0102300126
CT0103900255
CT0107000468
CT0107000704
CT0108000434
CT0109100266
CT0112200042
CT0116100408
CT0116100671
CT0116100673
CT0117000533
CT0117000534
CT0117000535
CT0117000536
CT0117000626
CT0118900562
CT0119800566
CT0119800687
CT0120800158
CT0120800770
CT0120800771
CT0121100404
CT0121500061
CT0121500279
CT0121500642
CT0121500775
CT0121500822
CT0122200376
CT0122200422
CT0122200423
CT0122200548
CT0122200615
CT0122200708
CT0122700907
CT0122900143
CT0122900402
CT0122900998
CT0123800510
CT0123900100
CT0123900750
CT0124500295
CT0124500335
CT0125200587
CT0125900806
CT0126800230
CT0129300616
CT0129600900
CT0129600901
CT0131600005
CT0131600319
CT0131800093
CT0131800496
CT0131800710
CT0131800792
CT0131900183
CT0131900909
CT0131900985
CT0133100113
CT0133100187
CT0133700837
CT0134400254
CT0134600824
CT0135200351
CT0135200352
CT0135200359
CT0135500016
CT0135500097
CT0135800305
CT0135800306
CT0136000181
CT0136000183
CT0137200146
CT0137300359
CT0137700185
CT0138100190
CT0138200140
CT0139000454
CT0139200430
CT0139200431
CT0139600948
CT0139600952
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CT0269900454
CT0269900455
CT0269900456
CT0269900457
CT0269900458
CT0269900459
CT0269900460
CT0269900461
CT0269900462
CT0269900463
CT0269900464
CT0269900465
CT0269900466
CT0269900467
CT0269900468
CT0269900469
CT0269900470
CT0269900471
CT0269900472
CT0269900473
CT0269900474
CT0269900475
CT0269900476
CT0269900477
CT0269900478
CT0269900479
CT0269900480
CT0269900481
CT0269900482
CT0269900483
CT0269900484
CT0269900485
CT0269900486
CT0269900487
CT0269900488
CT0269900489
CT0269900490
CT0269900491
CT0269900492
CT0269900493
CT0269900494
CT0269900495
CT0269900496
CT0269900497
CT0269900498
CT0269900499
CT0269900500
CT0269900501
CT0269900502
CT0269900503
CT0269900504
CT0269900505
CT0269900506
CT0269900507
CT0269900508
CT0269900509
CT0269900510
CT0269900511
CT0269900512
CT0269900513
CT0269900514
CT0269900515
CT0269900516
CT0269900517
CT0269900518
CT0269900519
CT0269900520
CT0269900521
CT0269900522
CT0269900523
CT0269900524
CT0269900525
CT0269900526
CT0269900527
CT0269900528
CT0269900529
CT0269900531
CT0270400925
CT0271000701
CT0271000702
CT0271000703
CT0271000704
CT0271000705
CT0271000706
CT0271000707
CT0271000708
CT0271000709
CT0271000710
CT0271000711
CT0271000712
CT0271000713
CT0271000714
CT0271000715
CT0271000716
CT0271000717
CT0271000718
CT0271000719
CT0271000720
CT0271000721
CT0271000722
CT0271000723
CT0271000724
CT0271000725
CT0271000726
CT0271000727
CT0271000728
CT0271000729
CT0271000730
CT0271000731
CT0271000732
CT0271000733
CT0271000734
CT0271000735
CT0271000736
CT0271000737
CT0271000738
CT0271000739
CT0271000740
CT0271000741
CT0271400152
CT0271400153
CT0271400154
CT0271400155
CT0271400156
CT0271400157
CT0271400158
CT0271400159
CT0271400160
CT0271400161
CT0271400162
CT0271400163
CT0271400164
CT0271400165
CT0271800281
CT0271800282
CT0271800283
CT0271800284
CT0271800285
CT0271900776
CT0271900777
CT0273200120
CT0274100470
CT0274100471
CT0274100472
CT0274100473
CT0274100474
CT0274100475
CT0274100476
CT0274100477
CT0274100478
CT0274100479
CT0274100480
CT0274100481
CT0274100482
CT0274100483
CT0274100484
CT0274300943
CT0274300944
CT0274500493
CT0274500494
CT0274500694
CT0274700889
CT0275800219
CT0276000271
CT0277300266
CT0277300267
CT0277300268
CT0277300269
CT0278600623
CT0279400141
CT0279400142
CT0280700247
CT0280700248
CT0280700249
CT0280800423
CT0280800424
CT0280800425
CT0280800426
CT0280800427
CT0280800428
CT0282300152
CT0282300153
CT0283200989
CT0283200990
CT0283500422
CT0283500423
CT0285300096
CT0289200421
CT0291400959
MB0002800418
MB0002800419
MB0002801068
MB0002900180
S005054
S005496
S008450
S008550
S010244
S011277
S011363
S011881
S012229
S012549
S013323
S013504
S014285
S015653
S016604
S017561
S019397
S019910
S020014
S020111
S020334
S020421
S020477
S020478
S021139
S021733
S022062
S023181
S023248
S024015
S025618
S026007
S026048
S026260
S032645
S032863
S033261
S037995
S039157
S039424
S039646
S042374
S045207
S046005
S046008
S046082
S048244
S048716
S048718
S049140
S052627
S052654
S053045
S053382
S053385
S053583
S056857
S058495
S064564
S065051
S069914
1383/824
1383/825
1383/826
1137/302
2. Reserves
The following reserves:
Reserve No.
Current / Last Purpose
01474
Water for Travellers
12996
Parkland and Recreation
16064
Water Supply
16571
Water
17970
Recreation
18719
Water
19526
Water
21593
Agricultural Hall (underlain by vested Reserve 16193)
22676
Gravel (underlain by vested Reserve 12656 and Lease 777/41A)
24629
Childrens Playground
24631
Historic Site – School
24716
Gravel (underlain by vested Reserve 12656 and Lease 777/41A)
25307
Recreation and Parklands Act 76 - 1961
25447
Recreation
25448
Caravan Park and Camping
25600
Stock Route (underlain by CT 1161/555)
26326
School Site
26591
Parklands
27004 (part)[1]
Kalbarri National Park
27083
Conservation of Flora and Fauna (Galena Nature Reserve)
27637
Park and Recreation
28750
Recreation (Pindadanno Nature Reserve)
29282
Protection of Zuytdorp Wreck
30502
Slipway
30524
Emergency Services
30946
Drainage
30953
Recreation
31003
Road Transport Depot
31100
Aerial Landing Ground
31285
Main Roads Purposes - Water
31390
Change Rooms and Parking Area
31489
Conservation of Flora and Fauna (underlain by CT 0119900349)
31502
Rubbish Depot Site (including portion now UCL 14 and UCL 189)
31503
Water Supply
31631
Water Supply
31883
Fishing and Tourist Industries
32600
Effluent Disposal
32958
Gardens
32959
Pedestrian Access Way
32960
Parking
33087
Police
33703
Recreation
34443
Drainage
34446
Protection of Water Main
34550
Recreation and Parklands
35041
Drain (underlain by Special Lease 3116/4138)
35181
Ambulance Depot
35559
Community Purposes and Recreational Camp
36019
Pedestrian Access Way
36021
Cemetery Site
36068
Housing Water Supply
36095
Water Supply
36656
Emu Proof Fence
36661
Sewage Treatment Plant Site
36807
Drain
36923
Parks and Gardens
37389
Pumping Station
37445
Caravan Park
37673
Country Automatic Exchange
37701
Communications Site
37825
Parkland
38262
Sewerage Pumping Station Site
38384
Depot Site (Shire of Northampton)
38515
Parking
38533
Parking
38945
Doctors Surgery
39053
Satellite Ground Station
39120
Housing - Shire of Northampton
39474
Park and Recreation
39617
Natural Gas Pipeline Purposes
39694
Padmount Site
40731
Administration Centre and Library
40819
Natural Gas Pipeline Purposes
41416
Natural Gas Pipeline Purposes
41417
Natural Gas Pipeline Purposes
41418
Natural Gas Pipeline Purposes
41556
Repeater Station Site
41561
Padmount Site
41653
Drainage
41755
Church Site
42621
Padmount Site
42665
Recreation
43170
Photovoltaic Site
44619
Sewerage Pump Station
44699
Health (Multi Purpose Health Centre)
45047
Aged Persons Accommodation
45065
Airstrip (Natural Gas Pipeline)
46413
Recreation and Parklands
46417
Buffer Strip
47133
Public Recreation (underlain by CT 0138400450)
48271
Historical Purposes (underlain by CTs 0107800347 and ECO 1215)
49019
Health Services (underlain by CT 0141300541 and Reserve 34830)
49086
Rubbish Disposal (underlain by CT 0119900349)
49109
Drainage (underlain by CT 0138400450)
49934
Public Recreation (underlain by CT 0138400450)
50026
Park and Recreation
50396
Harbour Purposes
50456
Use and requirements of the Shire of Northampton (underlain by Road 19 and Reserve 35181)
51528
Mall (underlain by Reserve 32959)
52436
Fishing and Tourist Industries (underlain by Reserve 26591, 30502 and 31883)
52398
Public Recreation (underlain by CT 0138400450)
53065
Pedestrian Access Way (underlain by SL 3116/08951)
3. Leases
The following leases:
Lease No.
Current / Last Purpose /Underlying act
GE H863490
Café/Restaurant
GE I538913
Light Industry
Lease 223/61
Conditional Purchase Lease (underlying portion of current Pastoral Lease PL N50525)
Lease 777/41A
Grazing (underlying current Reserves 22676 and 24716)
Lease 332/2169
Grazing (underlying current Reserve 14606)
Lease 19091/68 (part)[2]
Grazing
Lease 10398/56
Conditional Purchase Lease (underlying current Reserve 16331)
Lease 27648/44
Conditional Purchase Lease (underlying UCL 12)
Lease 27647/55
Conditional Purchase Lease (underlying UCL 13 and UCL 19)
Lease 36886/55
Conditional Purchase Lease (underlying UCL 117, UCL 118 and UCL 190)
Lease 33050/55
Conditional Purchase Lease (underlying UCL 185)
Lease 3116/4138
Holiday Village (Motel, Cottages and Caravan Park) (underlying current Reserve 35041)
Lease 3116/8876
Grazing (underlying UCL 191, UCL 192 and UCL 193)
Lease 3116/11204
Transit Caravan Park (underlying UCL 187 and UCL 188)
4. Roads
The following dedicated roads, roads set aside, taken or resumed or roads which are to be considered public works (as that expression is defined in the Native Title Act and the Titles Validation Act):
MapInfo No.
Description
Road 002
One Chain Road as shown on DP 167643
Road 003
Two Chain Road as shown on DP 168187
Road 007
Magee Street as shown on DP 174477
Road 008
One Chain Road as shown on DPs 165202174813
Road 009
Magee Crescent as shown on DPs 17563 and 213733
Road 010
Grey Street as shown on DP 175693
Road 011
One chain road as shown on DP 202248
Road 012
Hackney Street as shown on DP 208858
Road 013
Portions Mortimer, Clotworthy, Auger and Smith Streets as shown on DP 208859
Road 014
North West Coastal Highway as shown on DP 209051
Road 017
Three Chain road as shown on DP 209385
Road 018
One chain road as shown on DP 210114
Road 019
Balaam, Maver, Hasleby streets and Carlton and Patrick Crescents as shown on DP 211141
Road 020
Mallard and Gould streets and Clifton, Ash and Cornell Places as shown on DP 211575
Road 021
Portions Porter Street and Smith Street as shown on DP 211633
Road 022
Road to Meanarra Lookout as shown on DP 213025
Road 023
Road north east of Meanarra Lookout as shown on DP 241722
Road 025
Widening of North West Coastal Highway
Road 028
George Grey Drive
Road 029
Widening of North West Coastal Highway
Road 032
North West Coastal Highway widening
Road 041
Road 3970 as shown on DP 226817
Road 043
Portion of Explorer Avenue as shown on DP 022368
Road 044
Portion of Jacques Boulevard as shown on DP 034421
Road 045
Portions of Browne and Jacques Boulevards and Charlton Loop, Pelican Road and Tern Way as shown on DP 041045
Road 046
Portion of Charlton Loop
Road 047
Portion of Surprise Road shown on DP 183188
Road 048
Extension of Smith Street as shown on DP 191801
Road 049
Portion of Walker Street and Magee Crescent shown on DP 213733
Road 050
Portion of Grey Street as shown on DP 213722
Road 051
Portion of Porter Street as shown on DP 213855
Road 052
Ridgeman Road as shown on DP 213883
Road 053
Walker Street, Magee Crescent, Chick Place, Harvey Place and Ralph Street as shown on DP 214082
Road 054
Porter Street, Sutherland Street, Atkinson Crescent as shown on DP 214340
Road 055
Access road Lots 824 and 825 as shown on DP 215882
Road 056
Glass Street, Batavia Circle, Karina Mews and Tiki Cove as shown on DP 216164
Road 057
Francis Close, Menari Court, Orabanda Way, Starfire Close and Gantheaume Crescent as shown on DP 216572
Road 059
Gantheaume Crescent, Glass Street and Kelsar Green as shown on DP 217355
Road 060
Waikiri Parade, Callion Way, Gantheaume Crescent, Granada Court and Adair Close as shown on DP 217722
Road 061
Gallant Close, Sequita Way, Zephyr Court, Questro Glade, Gantheaume Crescent and Salamit Place as shown on DP 218019
Road 062
Gallant Close, Nanda Drive, Portree Elbow, Gantheaume Crescent, Seakist Retreat and Ralph Street as shown on DP 219378
Road 063
Mainwaring Drive, Crocos Circuit, Gliddon Avenue and Nanda Drive as shown on DP 220064
Road 064
Pederick Place, Nanda Drive and Walker Street as shown on DP 220065
Road 065
Victoria Locations 4541, 4545, and Binnu townsite - Road 11944 as shown on DP 207469
Road 066
Lot 4541 - Road 11945
Road 068
Road 12373 as shown on DP 211660
Road 069
Road 12373 (deviation) as shown on DP 210373
Road 070
Road No. 12373 (extension) as shown on DP 211946.
Road 071
Road No. 12458 (regazettal) as shown on DP 209206
Road 072
Road 12553 as shown on DP 209245
Road 073
Road 12590 as shown on DP 209101
Road 074
Road No. 2812 as shown on DP 209530
Road 076
Road No. 13924 as shown on DP 210829
Road 077
Road No 13924 (widening of part) as shown on DP 211141
Road 078
Road 13960 as shown on DP 210373
Road 079
Road No. 13975 as shown on DP 209071
Road 080
Road No. 14009 as shown on DP 172806
Road 081
Road No. 14009 (widening) as shown on DP 211660
Road 082
Road No. 14010 as shown on DP 172806
Road 083
Road 14254 as shown on DP 210685
Road 085
Road No. 14708 as shown on DP 211706
Road 086
Road No. 14904 as shown on DP 211949
Road 087
Road No. 14905 as shown on DP 211949
Road 088
Road No. 15178 on DP 176607
Road 090
Portion of Nanda Drive (Road NO. 16741) shown on DP 191803
Road 091
Road No. 16741 as shown on DP 215111 and DP 211141
Road 092
Grey Street (Road 16974) as shown on Public Plan 504476 and DP 185550
Road 093
Road No. 17415 (Butchers Track) as shown on DPs 215618 and 216276
Road 094
Road No. 18548 (Geraldine Road) as shown on DPs 217158 and 190756
Road 095
Road No 4271 (North West Coastal Highway) widening as shown on DP 169811
Road 096
Road 4271 (North West Coastal Highway) widening as shown on DP 171956
Road 097
Road No. 4271 (North West Coastal Highway) widening as shown on DP 173477
Road 098
Road 4271 (North West Coastal Highway) widening as shown on DP 181078
Road 099
Road No. 4271 (North West Coastal Highway) deviation as shown on DP 211192
Road 100
Road No. 5251 widening as shown on DP 170131
Road 103
Road No. 5709 (widening) as shown on/in Government Gazette 16/06/1967, Plan of Road, Victoria District DO Cor 573/11 and Diagram 820
Road 104
Road No. 16792 (Rochester Street) as shown on DP 184853
Road 105
Road No. 6427 (North West Coastal Highway) deviation at shown on DP 209530
Road 107
Road No. 8300 deviation as shown on DP 169040
Road 108
Road 8521 widening as shown on DP 209206
Road 109
Road No. 8570 (Northwest Coastal Highway) widening and extension as shown on DP 215944
Road 110
Road 8570 (North West Coastal Highway) widening as shown on DP 216141
Road 111
Jacques Boulevard, Grey Road, Mariner Crescent, Castaway Street, Charlton Loop and Browne Boulevard as shown on DP 024160
Road 112
Lawrencia Loop, Centrolepis Circuit, and all roads shown on DP 049898
Road 113
Flora Avenue, Darwinia Drive and all roads shown on DP 052549
Road 114
Road in Ranch Court as shown on DP 057800
Road 115
Coral Boulevard, Emerald Vista and other roads shown on DP 57812
Road 116
Beagle Road as shown on DP 058862
Road 117
Phelps Loop and Rowe Street as shown on DP 061773
Road 118
Dalgleish Crescent, Richardson Road and Ross Street as shown on DP 061774
Road 119
Road beside Northampton-Ajana Railway as shown on DP 083115
Road 122
One chain road and stockroute as shown on DP 226632
Road 123
One chain road shown on DP 226633
Road 124
Road as shown on DP 226635
Road 125
Marne, View, Mons and Station Streets as shown on DP 226893
Road 126
Road through locations 22, 21, 19 and 18 as shown on DP 228428
Road 127
Three roads as shown on DP 228430
Road 128
Road through locations 4547 and 4541 as shown on DP 232384
Road 129
Road No. 1977 and other roads as shown on DP 232399
Road 130
Road shown on DP 232404
Road 131
Roads 5029 and 4271 as shown on DP 232405
Road 132
Road 5290 as shown on DP 232407
Road 136
One chain road shown on DP 232433
Road 137
One chain road as shown on DP 232433
Road 141
Road shown on DP 232514 to north of townsite
Road 142
One chain road as shown on DP 232552
Road 143
Road No. 1977 as shown on Public Plan 501721
Road 144
Road No. 5029 as shown on DP 232405
Road 147
Road No. 5709 as shown on DP 082994
Road 148
Road No. 8301 as shown on/in DP 232433 and Government Gazette 12/09/1930
Road 150
Road shown on DP 143294
Road 151
One chain road shown on DP 143510
Road 152
One chain road shown on DP 143651
Road 153
Road shown on DP 149520
Road 162
Road shown on DP 156186
Road 163
Road shown on DP 156191
Road 164
Road shown on DP 159495
Road 167
Road shown on DP 161621
Road 170
Road shown on DP 202188
Road 171
Roads in Galena shown on DP 202242 and CPP 504295
Road 172
Road shown on DP 202246
Road 173
Road shown on DP 202249
Road 174
Road shown on DP 202646
Road 175
Road shown on DP 202800
Road 176
Road shown on DP 203324
Road 177
Road shown on DP 203325
Road 178
Road shown on DP 203335
Road 179
Road shown on DP 203336
Road 180
Road shown on DP 203755
Road 181
Road shown on DP 204118
Road 182
Road shown on DP 204338
Road 184
Road shown on DP 204866
Road 185
Roads shown on DP 205825 (being Rushton, Kaiber and Walker Streets)
Road 186
Roads shown on DP 206892 (being Grey, Mortimer, Smith, Woods, Coles, Auger and Clotworthy Streets)
Road 187
Road shown on DP 207341
Road 190
Road shown on DP 207623
Road 191
Road shown on DP 207624
Road 192
Road shown on DP 207625
Road 195
Road shown on DP 210528
Road 196
Roads shown on DP 232410
Road 200
Road No. 4271 shown on DPs 161287 and 232405
Road 201
Road No. 4271 shown on DPs 165143 – 165143 (inclusive) and Original Plan 7471
Road 203
Road No. 5251 shown on DP 152934
Road 204
Road No. 5251 shown on DP 152934
Road 206
Road No. 5251 as shown on/in Government Gazette 05/02/1928 and Plan 191/80
Road 207
Road No. 6423 as shown on/in Government Gazette 08/04/1921 and DP 232404
Road 208
Road No. 6427 as shown on DP 152430
Road 209
Road No.7095 as shown on/in Government Gazette 11/04/1924 and CPP 503020
Road 212
Road No. 7945 as shown on DP 152443
Road 215
Road No. 8300 shown on DP 204659
Road 216
Road No. 8300 shown on DP 207362
Road 217
Road No. 8301 shown on DPs 165142 and 207470
Road 218
Road No. 8520 shown on DPs 228431 and 152936
Road 219
Road No. 8521 shown on DP 152936, 211660 and 232404
Road 220
Road No. 8570 shown on DPs 165578 – 81 (inclusive) and 207729
Road 221
Road No. 8570 shown on DPs 204676, 204694 and 204695
Road 223
Road widening shown on DP 022368
Road 225
Road shown on DP 065744
Road 226
Road (North West Coastal Highway) shown on DP 181258
Historic Road 01
Road No. 4005 shown on CPP 501727
Historic Road 02
Closed road shown on DP 211633
Historic Road 03
Road (Walker Street) shown on DP 208858
Historic Road 04
Five chain road shown on DP 210152
Historic Road 05
Closed road shown on DP 208904
Historic Road 06
Closed road shown on DP 211660
Historic Road 07
Road (Glass Street) shown on CPP 504470 and DP 213733
Historic Road 12
Road (Porter Street) shown on DP 180358
Historic Road 13
Closed road shown on DP 215111
Historic Road 14
Road No. 12720 shown on/in Government Gazette 28/08/1964 and Public Plan 192/80
Historic Road 15
Road No. 14904 shown on DP 211949
Historic Road 16
Road (Hackney Street [Lot 533]) shown on DP 214519
Historic Road 17
Road No. 12456 shown on/in Government Gazette 14/06/1963 and Original Plan 9206
Historic Road 18
Road (Bridgeman Road) shown on DP 213883
Historic Road 19
Roads (portions of Criddle Street, Blood Street, Magee Street, Ralph Place, Chick Place and Harvey Place) shown on DP 213733
Historic Road 20
Road (Ralph Street [Lot 1008]) shown on DPs 214082 and 93638
Historic Road 24
Closed road shown on DP 232405
Historic Road 25
Closed road shown on DPs 232404 and 207470
Historic Road 26
Closed road shown on DPs 232433 and 207470
Historic Road 27
Road No. 5029 shown as closed on DP 226812
Historic Road 28
Road No. 5290 (Ralphs Road) shown as closed on DP 232407
Historic Road 29
Road shown on DP 226859
Historic Road 31
Road shown on DP 232552
Historic Road 32
Road No. 8301 (deviation and extension) shown on DP 232433
Historic Road 33
Road No. 8520 shown on DP 226632
Historic Road 34
Roads shown on DP 226632
Historic Road 35
Closed road shown on DP 226635
Historic Road 36
Road shown on DP 232384
Historic Road 37
Road shown on DP 232384
Historic Road 38
Closed road shown on DP 232399
Historic Road 39
Road No. 12373 (Ajana-Kalbarri Road) shown on DPs 232399 and 211660
Historic Road 40
Road shown on DP 232410
Historic Road 41
Road shown on DP 232399
Historic Road 42
Road shown on DP 226633
Historic Road 45
Road No. 6427 (North West Coastal Highway) shown on DP 161285
Historic Road 47
Road shown on DP 143390
Historic Road 50
Road No. 8520 shown on DP 228431
Historic Road 51
Road No. 6427 shown on DP 152430
Historic Road 52
Road shown on DP 206425
Historic Road 53
Road shown on DP 208051
Historic Road 54
Road No. 4271 shown on DP 207471
Historic Road 55
Road shown on DP 202245
Historic Road 56
Road No. 7095 shown on/in Government Gazette 11/04/1924 and CPP 503020
Historic Road 58
Road No. 8570 shown on DP 204695
Historic Road 59
Road (Woods Street) shown on DP 206892
Historic Road 67
Road shown on DP 204667
5. Dampier to Bunbury Natural Gas Pipeline
The land and waters the subject of the Dampier to Bunbury Natural Gas Pipeline, being the land of Pipeline Licence PL 40 and the following easements (which are currently held by the Dampier to Bunbury Natural Gas Pipeline Land Access Minister) for the purpose of access to, and the construction, use and maintenance of, a natural gas pipeline and associated apparatus and appurtenances (Dampier to Bunbury Natural Gas Pipeline) for the transmission and conveyance of natural gas:
MapInfo No.
Easement No.
Easement 01
E180193 (3134B/214)
Easement 05
E003973 (3134B/359)
Easement 06
E367985 (3134B/207)
Easement 07
E367983 (3134B/205)
Easement 08
E367984 (3134B/206)
6. Taking Orders
(a) The land and waters subject to the following taking orders:
Taking Order
Purpose
J073749
Amalgamation of portion Kalbarri Lot 470 into Kalbarri Lot 10 for the purpose of “Entertainment Centre”.
J142592
Inclusion of Lot 1009 into Reserve 38384 “Depot Site” and inclusion of Lot 1010 into Reserve 36021 “Cemetery Site”.
J711744
Creation of power line easement.
J958910
Sale to LandCorp
K103561
Sale of land for subdivisional development for light industrial purposes
K627787
Caravan Park
K689587
To extend adjoining Reserve 26326 “School Site”.
K777890
Park and Recreation
K881999
Industrial Development
K956110
For sale for commercial purposes
L112944
Reservation for harbour purposes
L534303
For amalgamation into the adjoining freehold land
(b) The land and waters subject to the following Notices of Resumption under the Land Acquisition and Public Works Act 1902 (WA):
Notification
Purpose
Government Gazette WA
30 April 1996 (page 1876)
Subdivisional development and sale of lots as shown on LAWA 1076
Government Gazette WA
25 June 1996 (page 2932)
Multi purpose health centre as shown on LAWA 1085
Government Gazette WA
4 July 1997 (page 3492)
Sale of lot as shown on Diagram 93072.
7. Railway
The former Northampton to Ajana Railway constructed pursuant to the Northampton – Ajana Railway Act 1911 (WA) (repealed) and whose line is generally described in the Schedule to that Act.
8. Public Works
Any other public work as that expression is defined in the Native Title Act and the Titles Validation Act (including the land and waters on which a public work is constructed, established or situated as described in s 251D of the Native Title Act) and to which s 12J of the Titles Validation Act or s 23C(2) of the Native Title Act applies.
SCHEDULE FIVE
OTHER INTERESTS (PARAGRAPH 10)
The nature and extent of the Other Interests in relation to the Determination Area are as follows.
Land tenure interests registered with the Western Australian Land Information Authority are current as at 29 June 2018. Mining tenements and petroleum interests registered with the Department of Mines, Industry Regulation and Safety are current as at 12 October 2018. All other interests are current as at the date of the determination.
1. Reserves
(a) The following reserves:
Reserve No.
Current / Last Purpose
01056
Stopping Place
01473
Water for Travellers
01475
Use and Benefit of Aboriginal Inhabitants
01802
Resting Place for Travellers and Stock
01803
Resting Place for Travellers and Stock
01804
Resting Place for Travellers and Stock
01805
Resting Place for Travellers and Stock
13126
Camping
13127
Water
14440
Paddock Rabbit Department
16143
Townsite
16331
Water and Conservation of Flora
17499
Cemetery
17633
Hall Site Workers
17670
Camping
18403
Water and Camping Rabbit Department
18983
Sanitary Site
20508
Water
24341
Recreation
24517
Gravel
27004
Kalbarri National Park
34771
Conservation of Flora and Fauna
35206
Recreation
40628
Toolonga Nature Reserve
41560
Pedestrian Access Way
45881
Aerodrome
48527
Sand Supplies and Refuse Site
48528
Gravel, Clay Extraction and Recreation
48529
Parks and Recreation
49704
Park and Recreation
(b) The rights and interests of persons who have the care, control and management of the reserves identified in subclause (a) above;
(c) The rights and interests of persons entitled to access and use the reserves identified in subclause (a) above for the respective purposes for which they are reserved, subject to any statutory limitations upon those rights; and
(d) The rights and interests of persons holding leases over areas of the reserves identified in subclause (a) above.
2. Pastoral Leases
(a) The following pastoral leases and the rights and interests of the holders from time to time of those pastoral leases:
Lease No.
Station Name
PL N049654
Yandi
PL N049686
Coburn
PL N049704
Hamelin
PL N049731
Eurardy
PL N049949
Talisker
PL N050053
Nerren Nerren
PL N050496
Meadow
PL N050525
Murchison House
PL N049576
Tamala Station
(b) Any rights and obligations of the pastoralists pursuant to the pastoral leases referred to in clause 2(a) above to adopt and exercise best practice management of the pasture and vegetation resources, livestock and soils within the boundaries of the pastoral leases in order to manage stock and for the management, conservation and regeneration of pasture for permitted uses.
3. Leases
(a) The following lease and the rights and interests of the holders from time to time of that lease:
Lease No.
Description
GE N451762
Grazing
(b) Any rights and obligations of the lessee pursuant to the lease referred to in clause 3(a) above to adopt and exercise best practice management of the pasture and vegetation resources, livestock and soils within the boundaries of the lease in order to manage stock and for the management, conservation and regeneration of pasture for the permitted use of the lease.
4. Roads
(a) The following roads and the rights and interests of the persons having the care, control and management of those roads from time to time:
MapInfo ID.
Description
Road 024
Widening of North West Coastal Highway as shown on DP 023486
Road 026
Road widening
Road 027
Lot 561 on DP 60562 Portion of Nanda Drive
Road 030
North West Coastal Highway
Road 031
North West Coastal Highway
Road 033
Glass Street road widening
Road 034
North West Coastal Highway
Road 035
North West Coastal Highway
Road 036
North West Coastal Highway widening
Road 037
North West Coastal Highway widening
Road 038
North West Coastal Highway
Road 039
North West Coastal Highway
Road 040
Nanda Drive road widening
Road 042
North West Coastal Highway widening
Road 227
Protected Road located in Ajana townsite
-
Lots 600 and 601 on DP 408200 (North West Coastal Highway widening)
(b) The following leases of roads and the rights and interests of the holders from time to time of those leases:
Lease
Description
RO M383697
Installation, maintenance and operation of telecommunications network facility or radio communications facility (granted over Road 030)
RO M384926
Installation, maintenance and operation of telecommunications network facility or radio communications facility (granted over Road 031)
5. Taking Orders
The land and waters subject to the following taking orders and the rights and interests arising from time to time in respect of those taking orders:
Taking Order
Purpose
H390095
Widening of the North West Coastal Highway
J372822
Dedication of the North West Coastal Highway
6. Dampier to Bunbury Natural Gas Pipeline
(a) The interests of the Dampier to Bunbury Natural Gas Pipeline Land Access Minister in the land of the Dampier to Bunbury Natural Gas Pipeline Corridor, including State corridor rights, under the Dampier to Bunbury Pipeline Act 1997 (WA), and the interests of any other person in land in the Dampier to Bunbury Natural Gas Pipeline Corridor under ss 34, 36 and 41(2)(b) of the Dampier to Bunbury Pipeline Act 1997 (WA), including the land and waters the subject of the following taking orders:
Taking Order
H950513
H950669
H950807
H951215
H951217
H951227
I209635
(b) For the avoidance of doubt, those interests include:
Interest
Description / Purpose
Easement 03 (E367986 [3134B/208])
Access
7. Mining Tenements
The following mining tenements granted under the Mining Act 1904 (WA) (repealed) and / or the Mining Act 1978 (WA) and the rights and interests of the holders from time to time of those mining tenements:
(a) Exploration Licences
Tenement ID
E 0900940
E 6600089
E 6600094
E 6600097
E 7004650
E 7004930
(b) Mining Leases
Tenement ID
M 0900102
M 0900103
M 0900104
M 0900105
M 0900106
M 0900111
M 0900112
(c) Miscellaneous Licences
Tenement ID
L 0900021
L 0900043
8. Petroleum Interests
The following petroleum interests granted under the Petroleum and Geothermal Energy Resources Act 1967 (WA), the Petroleum (Submerged Lands) Act 1982 (WA) or the Petroleum Pipelines Act 1969 (WA) and the rights and interests of the holders from time to time of those interests:
(a) Pipeline Licences
No.
Name
PL 40
Dampier to Bunbury Natural Gas Pipeline
9. Access to Mining Tenements and Petroleum Interests
(a) Without limiting the operation of any other clause in Schedule Five, but subject to clause 9(b) below, any rights of the holders from time to time of a mining tenement or petroleum interest, including those listed in clauses 7 and 8 of this schedule, to use (including by servants, agents and contractors) such portions of roads and tracks in the Determination Area (existing as at the date of this Determination) as are necessary to have access to the area the subject of the mining tenement or petroleum interest for the purposes of exercising the rights granted by that tenement or interest.
(b) Nothing in clause 9(a) above allows any upgrade, extension, widening or other improvement to the road or track other than work done to maintain it in reasonable repair and in order to leave it in substantially the same condition as it was prior to its use pursuant to clause 9(a).
10. Telstra Corporation Limited
The rights and interests of Telstra Corporation Limited (ACN 051 775 556):
(a) as the owner or operator 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 telecommunications facilities; and
(iii) to alter, remove, replace, maintain, repair and ensure the proper functioning of its telecommunications facilities;
(c) for its employees, agents or contractors to access its telecommunications facilities in and in the vicinity of the Determination Area in the performance of their duties; and
(d) under any lease, licence, permit, access agreement or easement relating to its telecommunications facilities in the Determination Area including, but not limited to, Licence No 2472/101 (Meanarra Hill CMTS) located within Reserve 27004 and granted pursuant to s 101 of the Conservation and Land Management Act 1984 (WA).
11. Other
The following rights and interests in the Determination Area:
(a) Rights and interests, including licences and permits, granted by the Crown in right of the State or of the Commonwealth pursuant to statute or otherwise in the exercise of its executive power and any regulations made pursuant to such statutes;
(b) Rights and interests held by reason of the force and operation of the laws of the State or of the Commonwealth including the Rights in Water and Irrigation Act 1914 (WA);
(c) Rights and interests of members of the public arising under common law, including but not limited to:
(i) the public right to fish;
(ii) the public right to navigate; and
(iii) the right of any person to use and enjoy any roads in the Determination Area (subject to the laws of the State) over which, as at the date of this determination, members of the public have a right of access under the common law;
(d) The right to access the Determination Area by:
(i) an employee, agent or instrumentality of the State;
(ii) an employee, agent or instrumentality of the Commonwealth; or
(iii) an employee, agent or instrumentality of any local government authority,
as required in the performance of his or her statutory or common law duty, including for the purpose of pest management control and fire hazard management on areas of unallocated Crown land;
(e) So far as confirmed pursuant to s 212(2) of the Native Title Act and s 14 of the Titles Validation Act as at the date of this determination, any existing public access to and enjoyment of:
(i) waterways;
(ii) beds and banks or foreshores of waterways;
(iii) coastal waters;
(iv) beaches;
(v) stock routes; and
(vi) areas that were public places at the end of 31 December 1993;
(f) Any other:
(i) legal or equitable estate or interest in the land or waters of the Determination Area; or
(ii) right (including a right under an option and a right of redemption), charge, power or privilege over, or in connection with:
(A) the land or waters of the Determination Area; or
(B) an estate or interest in the land or waters of the Determination Area; or
(iii) restriction on the use of the land or waters of the Determination Area, whether or not annexed to other land or waters.
SCHEDULE SIX
AREAS TO WHICH SS 47A OR 47B APPLY (PARAGRAPH 9)
1. Section 47A
Section 47A of the Native Title Act applies with the effect that any extinguishment by the creation of the following interests (and by the creation of any other prior interests in relation to the area of the following interests) is to be disregarded:
Interest
Description / Purpose
Reserve 01475
Use and Benefit of Aboriginal Inhabitants (Barrel Well)
2. Section 47B
Section 47B of the Native Title Act applies with the effect that any extinguishment over the following areas (to the extent that they were not covered by an interest described in s 47B(1)(b)(i) or (ii) or subject to a resumption process as described in s 47B(1)(b)(iii) of the Native Title Act when the relevant native title determination application was made) is to be disregarded:
MapInfo ID.
Description
Reserve 00656
Public Purposes
Reserve 45881
Aerodrome
Reserve 48527
Sand Supplies and Refuse Site
Reserve 48528
Gravel, Clay Extraction and Recreation
Reserve 48529
Parks and Recreation
UCL 004
The whole of UCL 004
UCL 108 (part)
That part of UCL 108 which was historically covered by Lease 11471/56 and Lease 08403/68
UCL 109 (part)
Those parts of UCL 109:
(a) located around Syphon Pool as described in clause 4 of Schedule Three; and
(b) historically covered by Lease 11471/56 and Lease 08403/68
UCL 118 (part)
That part of UCL 118 located around Glasses Well as described in clause 5 of Schedule Three
UCL 179 (part)
That part of UCL 179 historically covered by Lease 11471/56 and Lease 08403/68
UCL 225 (part)
That part of UCL 225:
(a) located around Bully Pool as described in clause 6 of Schedule Three; and
(b) located around Wilgie Mia Pool as described in clause 7 of Schedule Three.
SCHEDULE SEVEN
NANDA PEOPLE (PARAGRAPH 3)
The Nanda People are those Aboriginal persons who:
(a) are descended from at least one of the following Nanda apical ancestors:
(i) Jilba;
(ii) Venus;
(iii) Mary Jane Batt;
(iv) Brindy;
(v) Alice McMurray; or
(vi) Polly
Descent includes adoption in accordance with traditional Nanda laws and customs;
(b) identify themselves as Nanda under Nanda traditional law and custom and are so identified by other Nanda People as Nanda; and
(c) have a connection with the land and waters in the Determination Area in accordance with traditional Nanda laws and customs.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.