FEDERAL COURT OF AUSTRALIA
Foster on behalf of the Gunggari People #4 v State of Queensland [2019] FCA 1402
File numbers: QUD 550 of 2012
QUD 19 of 2019Judge: RANGIAH J Date of judgment: 2 September 2019 Catchwords: NATIVE TITLE – application for consent determination of native title under s 87 of the Native Title Act 1993 (Cth) – whether the parties have satisfied the criteria set out in s 87 – whether it is appropriate for the Court to make an order in terms of the agreement reached by the parties Legislation: Native Title Act 1993 (Cth) ss 55, 56, 57, 61, 66, 87, 223 and 225
Native Title Amendment Act 2009 (Cth)
Cases cited: Cox on behalf of the Yugngora People v State of Western Australia [2007] FCA 588
Foster on behalf of the Gunggari People #3 v State of Queensland [2014] FCA 1318
Kearns on behalf of the Gunggari People #2 v State of Queensland [2012] FCA 651
Munn for and on behalf of the Gunggari People v State of Queensland (2001) 115 FCR 109
Munn for and on behalf of theGunggari People v State of Queensland (2001) 115 FCR 109
Date of hearing: 2 September 2019 Registry: Queensland Division: General Division National Practice Area: Native Title Category: Catchwords Number of paragraphs: 33 Solicitor for the Applicant: Mr C Reiach with Mr R Martinez of Queensland South Native Title Services Solicitor for the First Respondent: Ms L Helu of Crown Law Solicitor for the Fourth and Sixth Respondents: Mr A Buck of Holding Redlich Counsel for the Second, Third, Fifth, Seventh to Twenty-Sixth
Respondents:The Second, Third, Fifth, Seventh to Twenty-Sixth Respondents did not appear ORDERS
QUD 550 of 2012
QUD 19 of 2019BETWEEN: MARSHALL FOSTER, REEGHAN FINLAY, DON HARDING, JAMIE ROBERT FRID, MICHELLE SAUNDERS AND GRANT JACKSON ON BEHALF OF THE GUNGGARI PEOPLE #4
Applicant
AND: STATE OF QUEENSLAND
First Respondent
CENTRAL HIGHLANDS REGIONAL COUNCIL
Second Respondent
MARANOA REGIONAL COUNCIL (and others named in the Schedule)
Third Respondent
JUDGE:
RANGIAH J
DATE OF ORDER:
2 SEPTEMBER 2019
BEING SATISFIED that an order in the terms set out below is within the power of the Court, and it appearing appropriate to the Court to do so, pursuant to s 87 of the Native Title Act 1993 (Cth).
BY CONSENT THE COURT ORDERS THAT:1.There be a determination of native title in the terms set out below (the determination).
2.Each party to the proceedings is to bear its own costs.
BY CONSENT THE COURT DETERMINES THAT:
3.The determination area is the land and waters described in Schedule 4 and depicted in the map attached to Schedule 6 to the extent those areas are within the External Boundary and not otherwise excluded by the terms of Schedule 5 (the Determination Area). To the extent of any inconsistency between the written description and the map, the written description prevails.
4.Native…
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- AGLC
- Foster on behalf of the Gunggari People #4 v State of Queensland [2019] FCA 1402
- Case
- [2019] FCA 1402
- Decision Date
CaseChat Overview and Summary
Orders
Orders of the court
1. There be a determination of native title in the terms set out below (the determination).
2. Each party to the proceedings is to bear its own costs.
BY CONSENT THE COURT DETERMINES THAT:
3. The determination area is the land and waters described in Schedule 4 and depicted in the map attached to Schedule 6 to the extent those areas are within the External Boundary and not otherwise excluded by the terms of Schedule 5 (the Determination Area). To the extent of any inconsistency between the written description and the map, the written description prevails.
4. Native title exists in the Determination Area.
5. The native title is held by the Gunggari People described in Schedule 1 (the Native Title Holders).
6. Subject to orders 8, 9 and 10 below the nature and extent of the native title rights and interests in relation to the land and waters described in Part 1 of Schedule 4 are:
(a) other than in relation to Water, the right to possession, occupation, use and enjoyment of the area to the exclusion of all others; and
(b) in relation to Water, the non-exclusive rights to:
(i) hunt, fish and gather from the Water of the area;
(ii) take and use the Natural Resources of the Water in the area; and
(iii) take and use the Water of the area,
for personal, domestic and non-commercial communal purposes.
7. Subject to orders 8, 9 and 10 below the nature and extent of the native title rights and interests in relation to the land and waters described in Part 2 of Schedule 4 are the non-exclusive rights to:
(a) access, be present on, move about on and travel over the area;
(b) camp on the area and, for that purpose, erect temporary shelters on the area;
(c) take (including by hunting and gathering) and use traditional Natural Resources from the area for personal, domestic and non-commercial communal purposes;
(d) conduct religious and spiritual activities and ceremonies on the area;
(e) maintain places of importance and areas of significance to the Native Title Holders under their traditional laws and customs and protect those places and areas, by lawful means, from physical harm;
(f) teach on the area the physical and spiritual attributes of the area;
(g) light fires on the area for domestic purposes including cooking, but not for the purpose of hunting or clearing vegetation;
(h) hunt and fish in or on, and gather from, the Water for personal, domestic and non-commercial communal purposes; and
(i) take and use the Water for personal, domestic and non-commercial communal purposes.
8. The native title rights and interests are subject to and exercisable in accordance with:
(a) the Laws of the State and the Commonwealth; and
(b) the traditional laws acknowledged and traditional customs observed by the Native Title Holders.
9. The native title rights and interests referred to in orders 6(b) and 7 do not confer possession, occupation, use or enjoyment to the exclusion of all others.
10. There are no native title rights in or in relation to minerals as defined by the Mineral Resources Act 1989 (Qld) and petroleum as defined by the Petroleum Act 1923 (Qld) and the Petroleum and Gas (Production and Safety) Act 2004 (Qld).
11. The nature and extent of any other interests in relation to the Determination Area (or respective parts thereof) are set out in Schedule 2.
12. The relationship between the native title rights and interests described in orders 6 and 7 and the other interests described in Schedule 2 (the Other Interests) is that:
(a) the Other Interests continue to have effect, and the rights conferred by or held under the Other Interests may be exercised notwithstanding the existence of the native title rights and interests;
(b) to the extent the Other Interests are inconsistent with the continued existence, enjoyment or exercise of the native title rights and interests in relation to the land and waters of the Determination Area, the native title continues to exist in its entirety but the native title rights and interests have no effect in relation to the Other Interests to the extent of the inconsistency for so long as the Other Interests exist; and
(c) the Other Interests and any activity that is required or permitted by or under, and done in accordance with, the Other Interests, or any activity that is associated with or incidental to such an activity, prevail over the native title rights and interests and any exercise of the native title rights and interests.
DEFINITIONS AND INTERPRETATION
13. In this determination, unless the contrary intention appears:
“External Boundary” means the area described in Schedule 3;
“land” and “waters”, respectively, have the same meanings as in the Native Title Act 1993 (Cth);
“Laws of the State and the Commonwealth” means the common law and the laws of the State of Queensland and the Commonwealth of Australia, and includes legislation, regulations, statutory instruments, local planning instruments and local laws;
“Local Government Act” has the meaning given in the Local Government Act 2009 (Qld);
“Local Government Acts” has the meaning given in the Local Government Act 2009 (Qld);
“Local Government Area” has the meaning given in the Local Government Act 2009 (Qld);
“Natural Resources” means:
(a) any animal, plant, fish and bird life found on or in the lands and waters of the Determination Area; and
(b) any clays, soil, sand, gravel or rock found on or below the surface of the Determination Area.
that have traditionally been taken and used by the Native Title Holders, but does not include:
(a) animals that are the private personal property of another;
(b) crops that are the private personal property of another; and
(c) minerals as defined in the Mineral Resources Act 1989 (Qld); or
(d) petroleum as defined in the Petroleum Act 1923 (Qld) and the Petroleum and Gas (Production and Safety) Act 2004 (Qld);
“Reserve” means a reserve dedicated or taken to be a reserve under the Land Act 1994 (Qld);
“Water” means:
(a) water which flows, whether permanently or intermittently, within a river, creek or stream;
(b) any natural collection of water, whether permanent or intermittent;
(c) water from an underground water source.
“Works” has the same meaning as in the Electricity Act 1994 (Qld).
Other words and expressions used in this determination have the same meanings as they have in Part 15 of the Native Title Act 1993 (Cth).
THE COURT DETERMINES THAT:
14. The native title is held in trust.
15. The Gunggari Native Title Aboriginal Corporation RNTBC (ICN:7725), incorporated under the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Cth), is to:
(a) be the prescribed body corporate for the purpose of ss 56(2)(b) and 56(3) of the Native Title Act 1993 (Cth); and
(b) perform the functions mentioned in s 57(1) of the Native Title Act 1993 (Cth) after becoming a registered native title body corporate.
SCHEDULE 1
NATIVE TITLE HOLDERS
1. The Native Title Holders are the Gunggari People. The Gunggari People are the biological descendants of one or more of the following people:
(a) Jinnegah aka Mary and Albert Murray;
(b) Lizzie Woodford/Gyemore/South;
(c) Harry Collins and Dinah Smith;
(d) Old Frog;
(e) Effie Armstrong, the granddaughter of Coombra Jack;
(f) Kitty of St George aka Mary Bolon, the mother of George Hazzard Jnr aka Henry James Hazzard;
(g) Maggie of the Moonie, the mother of Sarah Brennan and Isabella Kerr;
(h) King Billy Dick;
(i) Maria of Tongy Station;
(j) Harry Rookwood;
(k) Lucy of the Balonne River;
(l) Charlotte Moffatt;
(m) Parents of Mary of the Maranoa and Lizzie;
(n) Nellie Walker;
(o) Clifton George;
(p) Mary of Bollon; or
(q) Kate Meathers/Meadows.
SCHEDULE 2
OTHER INTERESTS IN THE DETERMINATION AREA
The nature and extent of the other interests in relation to the Determination Area are the following as they exist as at the date of the determination:
1. The rights and interests of the parties under the following agreements:
(a) The agreement between Marshall Foster, Reeghan Finlay, Don Harding, Jamie Robert Frid, Michelle Saunders and Grant Jackson on their own behalf and on behalf of the Gunggari People #4 (QUD19/2019), Gunggari Native Title Aboriginal Corporation RNTBC and Ergon Energy Corporation Limited ACN 087 646 062, which was authorised by the native title claim group on 2 June 2019 (the Gunggari People #4 and the Ergon Energy Indigenous Land Use Agreement);
(b) The agreement between Marshall Foster, Reeghan Finlay, Don Harding, Jamie Robert Frid, Michelle Saunders and Grant Jackson on their own behalf and on behalf of the Gunggari People #4 (QUD19/2019), Gunggari Native Title Aboriginal Corporation RNTBC and Maranoa Regional Council, which was authorised by the native title claim group on 2 June 2019 (the Gunggari People #4 and Maranoa Regional Council Indigenous Land Use Agreement);
(c) The agreement between Marshall Foster, Reeghan Finlay, Don Harding, Jamie Robert Frid, Michelle Saunders and Grant Jackson on their own behalf and on behalf of the Gunggari People #4 (QUD19/2019), Gunggari Native Title Aboriginal Corporation RNTBC, Adrian Wentworth Bucknell, Jennifer Narelle Bucknell and Bucknell Enterprises Pty Ltd, which was authorised by the native title claim group on 2 June 2019;
(d) The agreement between Marshall Foster, Reeghan Finlay, Don Harding, Jamie Robert Frid, Michelle Saunders and Grant Jackson on their own behalf and on behalf of the Gunggari People #4 (QUD19/2019), Gunggari Native Title Aboriginal Corporation RNTBC, Harry Sibun Perrett and Erica Jan Perrett, which was authorised by the native title claim group on 2 June 2019;
(e) The agreement between Marshall Foster, Reeghan Finlay, Don Harding, Jamie Robert Frid, Michelle Saunders and Grant Jackson on their own behalf and on behalf of the Gunggari People #4 (QUD19/2019), Gunggari Native Title Aboriginal Corporation RNTBC and Henry Richard Thomas Whitton, which was authorised by the native title claim group on 2 June 2019.
(f) The agreement between Marshall Foster, Reeghan Finlay, Don Harding, Jamie Robert Frid, Michelle Saunders and Grant Jackson on their own behalf and on behalf of the Gunggari People #4 (QUD19/2019), Gunggari Native Title Aboriginal Corporation RNTBC, Susan Fae Wilson and Warren Gavin Wilson, which was authorised by the native title claim group on 2 June 2019; and
(g) The agreement between Marshall Foster, Reeghan Finlay, Don Harding, Jamie Robert Frid, Michelle Saunders and Grant Jackson on their own behalf and on behalf of the Gunggari People #4 (QUD19/2019), Gunggari Native Title Aboriginal Corporation RNTBC and Babbiloora Pty Ltd, which was authorised by the native title claim group on 2 June 2019.
2. The rights and interests of the holders of water allocations granted pursuant to the Water Act 2000 (Qld).
3. The rights and interests of the holders of pastoral holding leases, rolling term leases for grazing purposes, term leases for grazing and any special leases granted pursuant to the Land Act 1962 (Qld) or Land Act 1994 (Qld), including, but not limited to the following:
(a) Rolling term leases held by Babbiloora Pty Ltd:
(i) Rolling Term Lease No. TL 0/231243 commencing 9 March 2007, being Title Reference No. 40053599 comprising Lot 4 on CP BDR82; and
(ii) Rolling Term Lease No. PH 36/1018 commencing 1 January 1976, being Title Reference No. 17668181 comprising Lot 1018 on CP PH1213;
(b) Rolling term leases held by Walter John Hartnell:
(i) Rolling Term Lease No. TL 0/212667 commencing 10 February 1999, being Title Reference No. 40021614 comprising Lot 126 on CP DL339; and
(ii) Rolling Term Lease No. TL 0/213565 commencing 1 February 2000 being Title Reference No. 40023841 comprising Lot 175 on CP DL159.
4. The rights and interests of the holders of exploration permits for minerals, mineral development licences and any mining leases granted pursuant to the Mineral Resources Act 1989 (Qld).
5. The rights and interests of the holders of pipeline licences granted pursuant to the Petroleum Act 1923 (Qld) and administered under the Petroleum and Gas (Production and Safety) Act 2004 (Qld).
6. 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 telecommunication 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 telecommunication 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.
7. The rights and interests of Ergon Energy Corporation ACN 087 646 062:
(a) as the owner and operator of any Works within the Determination Area;
(b) as a distribution entity and the holder of a distribution authority under the Electricity Act 1994 (Qld);
(c) created under the Electricity Act 1994 (Qld) and the Government Owned Corporations Act 1993 (Qld) including:
(i) rights in relation to any agreement relating to the Determination Area existing or entered into before the date on which these orders are made;
(ii) rights to enter the Determination Area by its employees, agents or contractors to exercise any of the rights and interests referred to in this paragraph; and
(iii) to inspect, maintain and manage any Works in the Determination Area.
8. The rights and interests of the Murweh Shire Council, Maranoa Regional Council and Central Highlands Regional Council as the local governments for that part of the Determination Area within their respective Local Government Area, including:
(a) their powers, functions, responsibilities and jurisdiction under the Local Government Acts, and under any other legislation, including the Stock Route Management Act 2002 (Qld);
(b) their rights and interests in land or waters within the Determination Area including under any lease, license, access agreement, easement or reserve in the Determination Area;
(c) the rights to use, operate, maintain, replace, restore, remediate, repair an otherwise exercise all other rights as the owners and operators of infrastructure, structures, earthworks, access works, facilities and other improvements within the Determination Area;
(d) the rights under any agreements between the local governments and third parties which relate to land or water in the Determination Area; and
(e) the rights of their employees, agents and contractors to enter upon the Determination Area for the purposes of performing their powers and responsibilities under paragraph (a) to (d).
9. The rights and interests of the State of Queensland and the Central Highlands Regional Council, Murweh Shire Council and Maranoa Regional Council to access, use, operate, maintain and control the dedicated roads in the Determination Area and the rights and interests of the public to use and access the roads.
10. The rights and interests of the State of Queensland in Reserves, the rights and interests of the trustees of those Reserves and the rights and interests of the persons entitled to access and use those Reserves for the respective purpose for which they are reserved.
11. The rights and interests of the State of Queensland or any other person existing by reason of the force and operation of the laws of the State of Queensland, including those existing by reason of the following legislation or any regulation, statutory instrument, declaration, plan, authority, permit, lease or licence made, granted, issued or entered into under that legislation:
(a) the Fisheries Act 1994 (Qld);
(b) the Nature Conservation Act 1992 (Qld);
(c) the Forestry Act 1959 (Qld);
(d) the Water Act 2000 (Qld);
(e) the Petroleum Act 1923 (Qld) or Petroleum and Gas (Production and Safety) Act 2004 (Qld);
(f) the Mineral Resources Act 1989 (Qld);
(g) the Planning Act 2016 (Qld);
(h) the Transport Infrastructure Act 1994 (Qld); and
(i) the Fire and Emergency Services Act 1990 (Qld) or Ambulance Service Act 1991 (Qld); and
(j) the Land Act 1994 (Qld).
12. The rights and interests of members of the public arising under the common law, including but not limited to the following:
(a) any subsisting public right to fish; and
(b) the public right to navigate.
13. Any other rights and interests:
(a) held by the State of Queensland or Commonwealth of Australia; or
(b) existing by reason of the force and operation of the Laws of the State and the Commonwealth.
SCHEDULE 3
EXTERNAL BOUNDARY
The External Boundary is described below and is depicted in red on the determination map.
Commencing at a point on the northern external boundary of Native Title Determination Application QUD6027/2001 Gunggari People #2 at Longitude 146.853458° East, Latitude 26.753227° South and extending generally northerly passing through the following coordinate points:
Longitude ° East
Latitude ° South
146.896871
26.685015
146.918714
26.642419
146.936188
26.565965
146.955160
26.508700
146.968481
26.491934
146.969985
26.486710
146.973993
26.475857
146.981112
26.466670
146.994662
26.440029
147.010457
26.427255
147.009930
26.355384
147.016491
26.287672
147.027733
26.276044
147.034623
26.273059
147.035772
26.267776
147.037379
26.262953
147.031867
26.261116
147.031867
26.255833
147.030489
26.251929
147.035772
26.248943
147.041054
26.245039
147.048173
26.233326
147.059197
26.230570
147.063102
26.226206
147.069992
26.220234
147.074126
26.215182
147.081617
26.212193
147.085839
26.204847
147.088595
26.199105
147.087906
26.194511
147.092728
26.189688
147.099478
26.119807
147.089221
26.072932
147.102748
26.067521
147.121686
26.060757
147.136566
26.054444
147.146485
26.043172
147.168129
26.041143
147.192928
26.039564
147.213219
26.034379
147.224716
26.026713
147.230804
26.023557
147.234636
26.020626
147.236214
26.016117
147.237342
26.013412
147.239813
26.010717
147.246134
26.008677
147.252447
26.005070
147.252447
26.002139
147.247712
25.997630
147.241451
25.993242
147.237905
25.981848
147.238721
25.978497
147.241738
25.972830
147.246912
25.970851
147.247712
25.966179
147.249966
25.963361
147.249966
25.960768
147.247486
25.957950
147.248550
25.955015
147.250530
25.952539
147.250329
25.949942
147.249064
25.944536
147.249515
25.940365
147.250755
25.936645
147.251770
25.932249
147.248952
25.932474
147.245457
25.931009
147.244468
25.927389
147.246422
25.923127
147.254588
25.921314
147.260450
25.920863
147.261577
25.918947
147.261656
25.917334
147.263268
25.916805
147.268002
25.916016
147.273976
25.914212
Then northerly to a point on the Balonne-Condamine River Basin Catchment at Longitude 147.274511° East, Latitude 25.912585° South; then generally northerly and generally north-easterly along boundaries of that catchment, being the ridgeline of the Chesterton Range to Latitude 25.405506° South; then north-easterly to the southernmost south-eastern corner of Lot 4234 on SP271523 (Mount Brandon Holding); then generally northerly along eastern boundaries of that lot, and generally north-easterly along south-eastern and eastern boundaries of Lot 6 on CHS25 (Mount Tabor Holding) to its intersection with the northern boundary of Maranoa Regional Council; then generally north-easterly along boundaries of that regional council, again being boundaries of the Balonne-Condamine River Basin Catchment, and ridgelines of the Chesterton Range to its intersection with the south-western external boundary of Native Title Determination QUD216/2008 Bidjara People, then generally south-easterly along external boundaries of that determination to northernmost north-western corner of Lot 5317 on WT805970, further described as:
generally south-easterly along boundaries of the Maranoa Regional Council, again being boundaries of the Balonne-Condamine River Basin Catchment, and ridgelines of the Carnarvon Range to the northernmost north-western corner of Lot 5317 on WT805970.
Then generally south-easterly, and generally southerly along eastern boundaries of Lot 2 on WAR16, Lot 6 on WAR24, Lot 3480 on WAR805968 and Lot 7 on WAR32 to Latitude 25.445444° South; again being boundaries of the Balonne-Condamine River Basin Catchment; then generally southerly again along boundaries of that catchment to Latitude 26.070781° South; then generally south-easterly passing through the following coordinate points:
Longitude ° East
Latitude ° South
148.27557
26.072094
148.27828
26.076882
148.27984
26.081101
148.28141
26.085662
148.2845
26.090449
148.2886
26.094093
148.29177
26.096276
Then south-easterly to the northernmost corner of Lot 19 on WV731, a point on the southern boundary of an unnamed road; then generally south-easterly along boundaries of that road to its intersection with the western external boundary of Native Title Determination QUD366/2008 Mandandanji People; then generally southerly along external boundaries of that determination to Latitude 26.304873° South, a point on the external boundary of Native Title Determination QUD548/2012 Gunggari People #3 further described as:
Generally southerly passing through the following coordinate points:
Longitude ° East
Latitude ° South
148.341748
26.117318
148.340634
26.119121
148.338386
26.129721
148.338337
26.141570
148.337840
26.155050
148.337761
26.174257
148.329592
26.229330
148.327783
26.239934
148.325539
26.248898
148.325477
26.263201
148.325414
26.277912
148.326229
26.293860
Then southerly to a point on the external boundary of Native Title Determination QUD548/2012 Gunggari People #3 at Longitude 143.326183° East, Latitude 26.304873° South.
Then generally south-westerly and westerly along external boundaries of that determination to its intersection with the external boundary of Native Title Determination Application QUD6027/2001 Gunggari People #2, a point the western bank of the Maranoa River at Latitude 26.772304° South, further described as:
Generally south-westerly passing through the following coordinate points:
Longitude ° East
Latitude ° South
148.318506
26.315752
148.324729
26.340774
148.304238
26.373878
148.288114
26.398380
148.272720
26.422215
148.250696
26.454002
148.236836
26.483762
148.220772
26.517489
148.201601
26.539359
148.191713
26.550509
148.191746
26.550538
148.191738
26.550735
148.191867
26.551070
148.191872
26.551105
148.191923
26.551477
148.191992
26.551686
148.192006
26.551727
148.192111
26.551994
148.192120
26.552041
148.192166
26.552277
Then southerly to the eastern bank of Amby Creek at Latitude 26.552557° South; then generally south-westerly along eastern banks of that creek to the eastern bank of the Maranoa River; then westerly to the western bank of that river at Latitude 26.772304° South.
Then generally, westerly along northern external boundaries of Native Title Determination Application QUD6027/2001 Gunggari People #2 back to the commencement point, further described as:
Generally westerly passing through the following coordinate points
Longitude ° East
Latitude ° South
148.006878
26.769090
147.954436
26.769090
147.913933
26.776704
147.883320
26.774865
147.848699
26.763760
147.814591
26.757668
147.771835
26.750109
147.706820
26.746289
147.688863
26.741045
147.641793
26.739140
147.599197
26.735235
147.570049
26.731307
147.536403
26.722099
147.506495
26.712881
147.431814
26.712892
147.360119
26.712864
147.270501
26.712777
147.221212
26.712705
147.163707
26.712598
147.115911
26.709853
147.065129
26.707742
147.004638
26.709540
146.961324
26.709393
146.921729
26.717821
146.876685
26.736182
Then south-westerly back to the commencement point.
Exclusions
To avoid any doubt the determination area does not include any land or waters subject to the following:
• Lot 6 on CHS25 (Mount Tabor Holding);
• Lot 4 on CHS26;
• QUD6027/2001 Gunggari People #2 as determined by the Federal Court (22 June 2012);
• QUD216/2008 Bidjara People as determined by the Federal Court (21 February 2014);
• QUD245/2011 Brown River People as determined by the Federal Court (21 February 2014);
• QUD301/2012 Brown River People #2 as determined by the Federal Court (21 February 2014);
• QUD23/2006 Karingbal People #2 as determined by the Federal Court (21 February 2014);
• QUD310/2012 Karingbal People #3 as determined by the Federal Court (21 February 2014);
• QUD548/2012 Gunggari People #3 as determined by the Federal Court (5 December 2014); and
• QUD366/2008 Mandandanji People as determined by the Federal Court (7 March 2018).
Data Reference and Source
• Boundary compiled by QSNTS based in part on spatial data sourced from Commonwealth of Australia, NNTT (October 2018).
• Cadastral data sourced from State of Queensland, Department of Natural Resources, Mines and Energy (October 2018).
• Ridgelines and—basin catchments where possible referenced to cadastral data.
• Basin Catchment data sourced from State of Queensland, Department of Natural Resources, Mines and Energy (January 2009).
Reference Datum
Geographical coordinates are referenced to the Geocentric Datum of Australia 1994 (GDA94), in decimal degrees and are based on the spatial reference data acquired from the various custodians at the time.
Use of Coordinates
Where coordinates are used within the description to represent cadastral or topographical boundaries or the intersection with such, they are intended as a guide only. As an outcome to the custodians of cadastral and topographic data continuously recalculating the geographic position of their data based on improved survey and data maintenance procedures, it is not possible to accurately define such a position other than by detailed ground survey.
SCHEDULE 4
DESCRIPTION OF DETERMINATION AREA
The determination area comprises all of the land and waters described by lots on plan, or relevant parts thereof, and any rivers, streams, creeks or lakes described in the first column of the tables in the Parts immediately below, and depicted in the maps in Schedule 6, to the extent those areas are within the External Boundary and not otherwise excluded by the terms of Schedule 5.
Part 1 — Exclusive Areas
All of the land and waters described in the following table and depicted in dark blue on the determination map contained in Schedule 6:
Area description (at the time of the determination)
Determination Map Sheet Reference
Note
Lot 191 on DL839181
Sheet 25
^
Lot 10 on M5448
Sheet 17
~
Lot 10 on M6282
Sheet 26
Lot 111 on M5441
Sheet 16
Lot 11 on M5448
Sheet 17
~
Lot 122 on DL366
Sheet 23
Lot 13 on M5444
Sheet 17
Lot 143 on AP21614
Sheet 25
Lot 14 on M5448
Sheet 17
Lot 15 on M5444
Sheet 17
Lot 15 on M5448
Sheet 17
Lot 16 on M5444
Sheet 17
Lot 16 on M5448
Sheet 17
Lot 17 on M5448
Sheet 17
Lot 17 on USL46637
Sheet 29
Lot 181 on DL397
Sheet 25
~
Lot 182 on DL397
Sheet 25
Lot 183 on DL397
Sheet 25
~
Lot 184 on DL397
Sheet 25
~
Lot 185 on DL397
Sheet 25
~
Lot 186 on DL397
Sheet 25
Lot 187 on DL397
Sheet 25
Lot 188 on DL397
Sheet 25
Lot 189 on DL397
Sheet 25
Lot 18 on M5448
Sheet 17
Lot 190 on DL397
Sheet 25
Lot 19 on M5448
Sheet 17
Lot 1 on AP21613
Sheet 23
Lot 1 on AP22173
Sheet 23
Lot 1 on AP22441
Sheet 24
Lot 1 on AP22445
Sheet 24
Lot 1 on M23221
Sheet 11
Lot 1 on M5444
Sheet 17
Lot 1 on M5447
Sheet 16
Lot 1 on M5448
Sheet 17
Lot 1 on M6282
Sheet 26
Lot 1 on WAR29
Sheet 4
Lot 204 on M5441
Sheet 16
Lot 205 on M5441
Sheet 16
~
Lot 20 on M23214
Sheet 11
Lot 20 on M5448
Sheet 17
Lot 21 on M5444
Sheet 17
Lot 22 on M5444
Sheet 17
Lot 23 on M15114
Sheet 24
Lot 24 on M15114
Sheet 24
~
Lot 25 on M15114
Sheet 24
~
Lot 28 on M15114
Sheet 24
~
Lot 29 on M15114
Sheet 24
~
Lot 29 on M5444
Sheet 17
Lot 2 on AP22441
Sheet 25
Lot 2 on M23221
Sheet 11
Lot 2 on M5444
Sheet 17
Lot 2 on M5448
Sheet 17
Lot 2 on M6282
Sheet 26
Lot 2 on SP173913
Sheet 22
~
Lot 2 on W6303
Sheet 18
~
Lot 308 on A3843
Sheet 28
~
Lot 309 on A3843
Sheet 28
~
Lot 30 on M15114
Sheet 24
~
Lot 30 on M5444
Sheet 17
Lot 310 on A3843
Sheet 28
Lot 311 on A3843
Sheet 28
Lot 312 on A3843
Sheet 28
Lot 313 on A3843
Sheet 28
Lot 31 on M15114
Sheet 24
~
Lot 34 on DL494
Sheet 17
Lot 37 on DL452
Sheet 13
Lot 3 on DL366
Sheet 23
Lot 3 on M23221
Sheet 11
Lot 3 on M5444
Sheet 17
Lot 3 on M5448
Sheet 17
Lot 3 on M6282
Sheet 26
Lot 48 on OR225
Sheet 11
Lot 4 on M23221
Sheet 11
Lot 4 on M5448
Sheet 17
Lot 4 on M6282
Sheet 11
Lot 56 on M2325
Sheet 11
Lot 5 on M5444
Sheet 17
Lot 5 on M5448
Sheet 17
Lot 5 on M6282
Sheet 26
Lot 5 on SP200053
Sheet 24
Lot 6 on A3844
Sheet 27
Lot 6 on M5444
Sheet 17
Lot 6 on M5448
Sheet 17
Lot 6 on M6282
Sheet 26
Lot 6 on SP267082
Sheet 24
Lot 7 on M5444
Sheet 17
Lot 7 on M5448
Sheet 17
Lot 7 on M6282
Sheet 26
Lot 88 on USL46654
Sheet 27
Lot 8 on AP22439
Sheet 24
Lot 8 on M5444
Sheet 17
Lot 8 on M6282
Sheet 26
Lot 9 on M5444
Sheet 17
Lot 9 on M5448
Sheet 17
~
Lot 9 on M6282
Sheet 26
^ denotes areas to which s 47A of the Native Title Act 1993 (Cth) apply
~ denotes areas to which s 47B of the Native Title Act 1993 (Cth) apply
Part 2 — Non-Exclusive Areas
All of the land and waters described in the following table and depicted in light blue on the determination map contained in Schedule 6:
Area description (at the time of the determination)
Determination Map Sheet Reference
That part of Carnarvon National Park, Lot 236 on NPW490, that falls within the External Boundary
Sheets 1, 2 and 3
Lot 239 on NPW507
Sheets 9 and 10
Lot 183 on NPW523
Sheets 5, 6, 9 and 13
Lot 28 on OR34
Sheet 10
Lot 15 on FTY1044
Sheets 1 and 6
Lot 126 on FTY1130
Sheet 23
Lot 127 on FTY1238
Sheet 23
Lot 144 on FTY1239
Sheet 21
That part of Lot 88 on FTY1706 that falls within the External Boundary
Sheet 2
Lot 14 on FTY1754
Sheets 1, 2, 6, and 8
That part of Lot 499 on FTY1882 excluding an area formerly described as Lot 10 on DL346
Sheet 21
That part of Lot 11 on FTY1920 that falls within the External Boundary, and excluding an area formerly described as Lot 6 on MNG50
Sheet 5 and 9
Lot 5 on FTY534
Sheet 8 and 2
Lot 10 on FTY564
Sheet 6
Lot 6 on FTY791
Sheet 2
That part of Lot 8 on FTY816 that falls within the External Boundary
Sheets 5 and 6
Lot 7 on FTY844
Sheets 2 and 3
Lot 160 on FTY944
Sheets 8 and 21
Lot 8 on FTY955
Sheets 1 and 2
Lot 14 on M54414
Sheet 16
Lot 15 on M54414
Sheet 16
Lot 5 on M54414
Sheet 16
Lot 3480 on WAR805968
Sheets 2 and 4
Lot 8 on WAR53
Sheets 1 and 2
Lot 7 on WAR4
Sheet 2
Lot 6 on WAR4
Sheet 2
Lot 5 on WAR4
Sheet 2
Lot 10 on WAR31
Sheet 2
Lot 2 on WAR27
Sheet 2
Lot 1 on WAR25
Sheet 2
Lot 3 on WAR23
Sheet 2
Lot 4 on WAR22
Sheet 2
Lot 1 on WAR11
Sheet 1
Lot 4 on WAR1
Sheet 2
Lot 8 on SP281196
Sheets 9 and 13
Lot 4481 on SP279197
Sheets 9, 13 and 14
That part of Lot 3095 on SP276273 that falls within the External Boundary
Sheet 1
Lot 1694 on SP276268
Sheet 6
Lot 4024 on SP271799
Sheet 6
Lot 4 on SP200765
Sheets 1 and 2
That part of Lot 3 on RS52 that falls within the External Boundary
Sheet 10
Lot 4784 on PH644
Sheets 1 and 6
Lot 3481 on PH2114
Sheets 2 and 4
Lot 4420 on PH1227
Sheets 1, 2 and 3
Lot 1018 on PH1213
Sheets 5 and 6
Lot 3973 on PH102
Sheets 6 and 13
That part of Lot 1 on OR11 that falls within the External Boundary
Sheets 9 and 10
Lot 218 on DUB5337
Sheet 23
Lot 8 on DL483
Sheet 13
Lot 132 on DL473
Sheet 23
Lot 12 on DL450
Sheet 8
Lot 11 on DL450
Sheet 8
That part of Lot 11 on DL449 that falls within the External Boundary
Sheet 27
Lot 95 on DL422
Sheet 13
Lot 68 on DL347
Sheet 23
Lot 8 on CP886492
Sheets 5 and 6
That part of Lot 6 on BDR97 that falls within the External Boundary
Sheets 1,5 and 6
Lot 2 on BDR84
Sheets 2 and 8
Lot 1 on BDR84
Sheet 2
That part of Lot 1 on BDR79 that falls within the External Boundary
Sheet 8
Lot 8 on BDR48
Sheet 2
Lot 5 on M23221
Sheet 11
Lot 6 on M23221
Sheet 11
Lot 7 on M23221
Sheet 11
Lot 8 on M23221
Sheet 11
Lot 9 on M23221
Sheet 11
Lot 10 on DL294
Sheet 27
Lot 10 on SP260550
Sheets 23 and 24
Lot 110 on M5445
Sheet 15
Lot 113 on DL370
Sheet 23
Lot 115 on DL335
Sheet 24
Lot 115 on DL426
Sheet 15
Lot 115 on DL435
Sheet 21
Lot 116 on DL408
Sheet 21
Lot 116 on DL436
Sheet 13
Lot 117 on DL488
Sheet 15
Lot 117 on DL492
Sheet 21
Lot 118 on C891
Sheet 24
Lot 118 on DL41
Sheet 15
Lot 119 on DL348
Sheet 24
Lot 11 on BDR88
Sheet 6
Lot 11 on SP260550
Sheet 23
Lot 120 on DL412
Sheets 24 and 25
Lot 121 on DL437
Sheet 21
Lot 122 on M53109
Sheet 21
Lot 124 on M53109
Sheet 21
Lot 125 on SP265642
Sheet 24
Lot 12 on BDR17
Sheet 6
Lot 12 on SP260550
Sheet 24
Lot 13 on BDR89
Sheet 6
Lot 13 on DL445
Sheet 21
Lot 13 on DL479
Sheet 21
Lot 13 on SP260550
Sheets 23 and 24
Lot 14 on DL355
Sheet 21
Lot 14 on DL365
Sheet 12
Lot 15 on KE98
Sheet 13
That part of Lot 168 on DL342 that falls within the External Boundary
Sheet 27
Lot 16 on OR35
Sheet 11
Lot 191 on DUB5341
Sheet 23
Lot 192 on DUB5342
Sheet 23
Lot 193 on DUB5341
Sheet 23
Lot 194 on DL839181
Sheets 23 and 25
Lot 1 on A3845
Sheet 28
Lot 1 on DL143
Sheet 24
Lot 1 on M15133
Sheet 24
Lot 1 on M23215
Sheet 11
Lot 1 on M54413
Sheet 15
Lot 1 on SP260550
Sheet 24
Lot 1 on SP265643
Sheet 24
Lot 1 on SP265644
Sheet 24
Lot 20 on DL487
Sheet 26
Lot 20 on OR69
Sheet 10
Lot 215 on DUB5393
Sheet 27
Lot 21 on OR69
Sheet 10
Lot 22 on OR77
Sheet 11
Lot 23 on CP817679
Sheet 10
Lot 25 on DL351
Sheet 6
Lot 26 on DL238
Sheet 13
Lot 27 on M15140
Sheet 24
Lot 29 on DL352
Sheet 18
Lot 29 on M51396
Sheet 14
Lot 2 on A3845
Sheet 28
Lot 2 on M15135
Sheet 24
Lot 2 on M15146
Sheet 24
Lot 2 on SP260550
Sheet 24
Lot 30 on SP127849
Sheet 18
Lot 31 on DL391
Sheet 13
Lot 32 on DL187
Sheet 13
Lot 34 on M23216
Sheet 10
Lot 35 on DL142
Sheet 13
Lot 35 on M1513
Sheet 24
Lot 38 on OR118
Sheet 10
Lot 3 on A3845
Sheet 28
Lot 3 on BDR67
Sheet 6
Lot 3 on SP260550
Sheet 24
Lot 40 on OR155
Sheets 10 and 11
Lot 43 on OR167
Sheet 11
Lot 4 on A3845
Sheet 28
Lot 4 on DL284
Sheet 14
Lot 4 on DL470
Sheet 6
Lot 4 on M15146
Sheet 24
Lot 4 on M23217
Sheet 11
Lot 4 on M51394
Sheets 23 and 24
Lot 4 on SP260550
Sheet 25
Lot 4 on WAR51
Sheet 1
Lot 50 on C8231
Sheet 11
That part of Lot 50 on KE6 that falls within the External Boundary
Sheet 21
Lot 52 on OR361
Sheets 10 and 11
Lot 53 on W51108
Sheets 10 and 11
Lot 54 on OR206
Sheet 11
Lot 59 on DL405
Sheet 13
Lot 5 on A3845
Sheet 28
Lot 5 on BDR33
Sheet 7
Lot 5 on DL284
Sheet 14
Lot 5 on M23217
Sheet 11
That part of Lot 5 on MNG13 that falls within the External Boundary
Sheet 5
Lot 5 on SP260550
Sheet 24
Lot 61 on DL485
Sheet 13
Lot 62 on DL451
Sheet 13
Lot 63 on SP127846
Sheet 15
Lot 69 on DUB5334
Sheet 23
Lot 6 on A3845
Sheet 28
Lot 6 on SP260550
Sheet 24
Lot 6 on WAR41
Sheet 2
Lot 72 on SP284884
Sheet 24
Lot 78 on DL55
Sheet 27
Lot 7 on A3845
Sheet 28
Lot 7 on BDR45
Sheet 7
Lot 7 on WV816
Sheet 21
That part of Lot 81 on DL455 that falls within the External Boundary
Sheet 27
Lot 88 on DL215
Sheet 15
Lot 8 on A3845
Sheet 28
Lot 8 on BDR77
Sheet 6
Lot 8 on SP260550
Sheet 23
Lot 90 on DL320
Sheet 20
Lot 93 on DL227
Sheet 19
Lot 96 on DL171
Sheet 13
Lot 97 on DL20
Sheet 19
Lot 9 on BDR7
Sheet 8
Lot 9 on SP260550
Sheet 23
Lot 24 on CP861824
Sheet 24
Lot 25 on CP861824
Sheet 23
Lot 2 on M5447
Sheet 16
Lot 3 on M5447
Sheet 16
Save for any waters forming part of a lot on plan, all rivers, creeks, streams and lakes within the External Boundary described in Schedule 3, including but not limited to:
(i) Amby Creek;
(ii) Angellala Creek;
(iii) Aurichen Creek;
(iv) Basalt Creek;
(v) Billin Creek;
(vi) Burgagay Creek;
(vii) Camerons Creek;
(viii) Darkwater Creek;
(ix) Five Mile Creek;
(x) Hamburg Creek;
(xi) Maranoa River;
(xii) Maranoa River East Branch;
(xiii) Maranoa River West Branch;
(xiv) Mercurah Creek,
(xv) Merivale River;
(xvi) Mungallala Creek;
(xvii) North Amby Creek;
(xviii) One Mile Creek;
(xix) Oolandilla Creek;
(xx) Sandy Creek;
(xxi) Sawmill Creek;
(xxii) Saw Pit Gully;
(xxiii) Taboonbay Creek;
(xxiv) Three Mile Creek;
(xxv) Washpool Creek; and
(xxvi) Womalilla Creek.
SCHEDULE 5
AREAS NOT FORMING PART OF THE DETERMINATION AREA
The following areas of land and waters are excluded from the determination area as described in Part 1 of Schedule 4 and Part 2 of Schedule 4:
1. Those land and waters within the External Boundary which at the time the native title determination application was made were the subject of one or more Previous Exclusive Possession Acts, within the meaning of s 23B of the Native Title Act 1993 (Cth) as they could not be claimed in accordance with s 61A of the Native Title Act 1993 (Cth).
2. Specifically, and to avoid any doubt, the land and waters described in (1) above includes:
(a) the Previous Exclusive Possession Acts described in ss 23B(2) and 23B(3) of the Native Title Act 1993 (Cth) to which s 20 of the Native Title (Queensland) Act 1993 (Qld) applies, and to which none of ss 47, 47A or 47B of the Native Title Act 1993 (Cth) applied; and
(b) the land and waters on which any public work, as defined in s 253 of the Native Title Act 1993 (Cth), is or was constructed, established or situated, and to which ss 23B(7) and 23C(2) of the Native Title Act 1993 (Cth) and to which s 21 of the Native Title (Queensland) Act 1993 (Qld), applies, together with any adjacent land or waters in accordance with s 251D of the Native Title Act 1993 (Cth).
3. Those land and waters within the External Boundary on which, at the time the native title determination application was made, public works were validly constructed, established or situated after 23 December 1996, where s 24JA of the Native Title Act 1993 (Cth) applies, and which wholly extinguished native title.
4. Those land and waters within the External Boundary which, at the time the native title determination application was made, were the subject of one or more Pre-existing Rights Based Acts, within the meaning of s 24IB of the Native Title Act 1993 (Cth), which wholly extinguished native title.
SCHEDULE 6
MAP OF DETERMINATION AREA
Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.