George on behalf of the Gkuthaarn and Kukatj People v State of Queensland
[2020] FCA 1310
•29 September 2020
FEDERAL COURT OF AUSTRALIA
George on behalf of the Gkuthaarn and Kukatj People v State of Queensland [2020] FCA 1310
File number: QUD 29 of 2019 (formerly QUD 685 of 2012) Judgment of: GRIFFITHS J Date of judgment: 29 September 2020 Catchwords: NATIVE TITLE – consent determination – whether requirements of s 87 of the Native Title Act 1993 (Cth) satisfied – requirements for positive and negative determination – Court satisfied that it is within power and appropriate to make the proposed orders Legislation: Native Title Act1993 (Cth) ss 61, 67, 68, 87, 94A, 225, 230FE Cases cited: Freddie v Northern Territory [2017] FCA 867
CG (Deceased) on behalf of the Badimia People v State of Western Australia [2016] FCAFC 67; 240 FCR 466
Hughes (on behalf of the Eastern Guruma People) v Western Australia [2007] FCA 365
Kelly on behalf of the Byron Bay Bundjalung People v New South Wales Aboriginal Land Council [2001] FCA 1479
Lander v State of South Australia [2012] FCA 427
Lovett on behalf of the Gunditjmara People v State of Victoria [2007] FCA 474
Minning on behalf the Untiri Pulka Claim Group v State of Western Australia [2020] FCA 1051
Munn for and on behalf of the Gunggari People v State of Queensland [2001] FCA 1229; 115 FCR 10
Purdie on behalf of the Yurriyangem Taam Native Title Claim Group v State of Western Australia [2019] FCA 696
Tex on behalf of the Lappi Lappi and Ngulupi Claim Group v State of Western Australia [2018] FCA 1591
Ward v State of Western Australia [2006] FCA 1848
Division: General Division Registry: Queensland National Practice Area: Native Title Number of paragraphs: 64 Date of last submissions: 7 September 2020 Date of hearing: Determined on the papers Counsel for the Applicant: S Phillips Solicitor for the Applicant: P&E Law Counsel for the State of Queensland: N Kidson QC Solicitor for the State of Queensland: Crown Law Solicitor for the Commonwealth: Australian Government Solicitor Solicitor for Carpentaria Shire Council: Preston Law Solicitor for Ergon Energy Corporation Limited ACN 087 616 062: Holding Redlich Solicitor for Far North Queensland Ports Corporations Limited (trading as Ports North)
ACN 131 836 014:MacDonnells Law Solicitor for Century Mining Limited (formerly known as MMG Century Limited) ABN 59 006 670 300: Ashurst Australia Solicitor for the remaining Respondents: Thynne & Macartney ORDERS
QUD 29 of 2019 BETWEEN: PHILLIP GEORGE AND LEANNE EDWARDS ON BEHALF OF THE GKUTHAARN AND KUKATJ PEOPLE
Applicant
AND: STATE OF QUEENSLAND and others named in the schedule
Respondents
ORDER MADE BY:
GRIFFITHS J
DATE OF ORDER:
29 SEPTEMBER 2020
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 in Attachment A.
2.Each party to the proceedings is to bear its own costs.
Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
ATTACHMENT A
DETERMINATION
1. The determination area is the land and waters described in Schedule 4 and depicted in the maps attached to Schedule 6 to the extent those areas are within the External Boundary and are not otherwise excluded by the terms of Schedule 5 (the Determination Area). To the extent of any inconsistency between the written description and the maps, the written description prevails.
2. Native title exists in relation to that part of the Determination Area described in Parts 1 and 2 of Schedule 4 and depicted in green in the maps attached to Schedule 6.
3. Native title does not exist in relation to that part of the Determination Area described in Part 3 of Schedule 4 and depicted in orange in the maps attached to Schedule 6.
4. The native title is held by the Gkuthaarn and Kukatj People described in Schedule 1 (the Native Title Holders).
5. Subject to paragraphs 7, 8 and 9 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 the non- exclusive rights to:
(a)access, be present on, move about on and travel over the area;
(b)camp, and live temporarily on the area as part of camping, and for that purpose build temporary shelters;
(c)hunt, fish and gather on the land and waters of the area for personal, domestic and non-commercial communal purposes;
(d)take Natural Resources from the land and waters of the area for personal, domestic and non-commercial communal purposes;
(e)take Water of the area for personal, domestic and non-commercial communal purposes;
(f)conduct ceremonies on the area;
(g)be buried and bury Native Title Holders within the area;
(h)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 from physical harm;
(i)teach on the area the physical and spiritual attributes of the area; and
(j)light fires on the area for domestic purposes including cooking, but not for the purpose of hunting or clearing vegetation.
6. Subject to paragraphs 7, 8 and 9 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, and live temporarily on the area as part of camping, and for that purpose build temporary shelters;
(c)hunt, fish and gather on the land and waters of the area for personal, domestic and non-commercial communal purposes;
(d)take Natural Resources from the land and waters of the area for personal, domestic and non-commercial communal purposes;
(e)take Water of the area for personal, domestic and non-commercial communal purposes;
(f)conduct ceremonies on the area;
(g)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 from physical harm;
(h)teach on the area the physical and spiritual attributes of the area; and
(i)light fires on the area for domestic purposes including cooking, but not for the purpose of hunting or clearing vegetation.
7. 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.
8. The native title rights and interests referred to in paragraphs 5 and 6 do not confer possession, occupation, use or enjoyment to the exclusion of all others.
9. 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).
10. The nature and extent of any other interests in relation to that part of the Determination Area (or respective parts thereof) which does not include Part 3 of Schedule 4, are set out in Schedule 2.
11. The relationship between the native title rights and interests described in paragraphs 5 and 6 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.
12. The native title is not held in trust.
13. The Gkuthaarn and Kukatj Aboriginal Corporation (ICN: 8895), incorporated under the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Cth), is to:
(a)be the prescribed body corporate for the purpose of s 57(2) of the Native Title Act 1993 (Cth); and
(b)perform the functions mentioned in s 57(3) of the Native Title Act 1993 (Cth) after becoming a registered native title body corporate.
DEFINITIONS AND INTERPRETATION
14. In this determination, unless the contrary intention appears:
“Current Roads” means an area of land whether surveyed or un-surveyed, not on private property that is currently dedicated, notified or declared to be a road for public use or is currently maintained by the State or the Carpentaria Shire Council as a road for public use which includes:
(a)a street, esplanade, reserve for esplanade, highway, pathway, thoroughfare, track or stock route;
(b)a bridge, causeway, culvert or other works in, on, over or under a road; and
(c)any part of a road;
not on private property;
"External Boundary" means the area described in Schedule 3;
"High-water Mark" means the ordinary high-water mark at spring tides;
"land" and "waters", respectively, have the same meanings as in the Native Title Act 1993 (Cth);
"Laws of the State and the Commonwealth" means the common law and the laws of the State of Queensland and the Commonwealth of Australia, and includes legislation, regulations, statutory instruments, local planning instruments and local laws;
"Low-water Mark" has the meaning given in the Land Act 1994 (Qld);
"Natural Resources" means:
(a)any animal, plant, fish and bird life found on or in the lands and waters of that part of the Determination Area described in Part 1 and Part 2 of Schedule 4; and
(b)any clays, soil, sand, gravel or rock found on or below the surface of that part of the Determination Area described in Part 1 and Part 2 of Schedule 4,
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;
(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);
"Southern Area" is defined in Part 3(a) of Schedule 4;
"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)to the extent that it exists in that part of the Determination Area described in Part 1 and Part 2 of Schedule 4 water from an underground water source; and
(d)tidal water.
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).
LIST OF SCHEDULES
Schedule 1 – Native Title Holders
Schedule 2 – Other Interests in the Determination Area
Schedule 3 – External Boundary
Schedule 4 – Description of Determination Area
Schedule 5 – Areas Not Forming Part of the Determination Area
Schedule 6 – Maps of Determination AreaSCHEDULE 1 – NATIVE TITLE HOLDERS
1. The Native Title Holders are the Gkuthaarn and Kukatj People. The Gkuthaarn and Kukatj People are the biological descendants of one or more of the following people including those who have been adopted by them and their descendants in accordance with Gkuthaarn and Kukatj traditional law and custom:
(a)Sisters Nellie, Rosie, Alice and Mabel;
(b)Paddy and Lucy;
(c)Louie Richards;
(d)Harry Hayes;
(e)Maggie Kukatj and Charlie B;
(f)Joker Jack;
(g)Jock Inverleigh (also known as Inverleigh Jock).
SCHEDULE 2 – OTHER INTERESTS IN THE DETERMINATION AREA
The nature and extent of the Other Interests in relation to that part of the Determination Area described in Parts 1 and 2 of Schedule 4 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 registered on the Register of Indigenous Land Use Agreements:
(a)QI2016/023 – Gkuthaarn and Kukatj People Commercial Fishers ILUA;
(b)QI2020/002 – Gkuthaarn and Kukatj People Tenure Resolution Indigenous Land Use Agreement (Area Agreement);
(c)QI2020/001 – Gkuthaarn and Kukatj People and Ergon Energy Indigenous Land Use Agreement (Area Agreement); and
(d)QI2020/003 - Carpentaria Shire Council Gkuthaarn and Kukatj Indigenous Land Use (Area) Agreement.
2.The rights and interests of the holders of the following leases granted pursuant to the Land Act 1962 (Qld) or Land Act 1994 (Qld):
(a)pastoral holding lease PH 5562 over Lot 2 on CP838627 (also known as Inverleigh West);
(b)pastoral holding lease PH 5411 over Lot 1 on IF5 (also known as Milgarra);
(c)that part of pastoral holding lease PH 5415 over Lot 2 on NM108 (also known as Broadwater) that falls within the External Boundary;
(d)pastoral holding lease PH 2399 over Lot 78 on NM109 (also known as McDonalds Lagoon);
(e)pastoral holding lease PH 5520 over Lot 9 on NM143 (also known as Magowra North);
(f)pastoral holding lease PH 5534 over Lot 2461 on SP273186 (also known as Kelwood & Hesperus);
(g)that part of pastoral holding lease PH 5544 over Lot 4 on SP280675 (also known as Sawtell Creek) that falls within the External Boundary;
(h)term lease for pastoral purposes TL 240610 over Lot 2 on SP181805 (also known as Worgum/Wernadinga);
(i)term lease for pastoral purposes TL 240609 over Lot 3 on SP181805 (also known as Worgum/Wernadinga);
(j)term lease for pastoral purposes TL 239265 over Lot 1 on SP284255 (also known as Inverleigh East);
(k)term lease for pastoral purposes TL 239266 over Lot 3 on SP284255 (also known as Inverleigh East);
(l)term lease for grazing purposes TL 212082 over Lot 21 on NM39; and
(m)term lease for grazing purposes TL 207889 over Lot 30 on NM70.
3.The rights and interests of Ergon Energy Corporation Limited ACN 087 646 062:
(a)as the owner and operator of any "Works" as that term is defined in the Electricity Act 1994 (Qld) within the Determination Area;
(b)as an electricity entity under the Electricity Act 1994 (Qld), including but not limited to:
(i)as the holder of a distribution authority;
(ii)to inspect, maintain and manage any Works in the Determination Area; and
(iii)in relation to any agreement or consent relating to the Determination Area existing or entered into before the date these orders are made; and
(c)to enter the Determination Area by its employees, agents or contractors to exercise any of the rights and interests referred to in this clause.
4.The rights and interests of Century Mining Limited ABN 59 06 670 300 as the holder of:
(a)a licence granted by the Minister under the Transport Infrastructure Act 1994 (Qld) on 19 September 1997, to construct, operate, maintain and use a mineral slurry pipeline, on certain parts of easements held by the Chief Executive (under the Transport Infrastructure Act 1994 (Qld)) within the Determination Area; and
(b)a licence granted by the Chief Executive under the Transport Infrastructure Act 1994 (Qld) and the Transport Planning and Coordination Act 1994 (Qld) on 19 September 1997, to occupy certain parts of easements held by the Chief Executive within the Determination Area.
5.The rights and interests of Far North Queensland Ports Corporation Limited (trading as Ports North) ACN 131 836 014 as the port authority for the Port of Karumba and provider of port services under Chapter 8 of the Transport Infrastructure Act 1994 (Qld) and under the Transport Infrastructure (Ports) Regulation 2016 (Qld), including its functions and powers:
(a)to establish, manage and operate effective and efficient port facilities and port services;
(b)to make land available for the establishment, management and operation of effective and efficient port facilities and services by other persons or other purpose consistent with the operation of its ports;
(c)to keep appropriate levels of safety and security in the provision and operation of its port facilities and services;
(d)to provide other services incidental to the performance of its other functions or likely to enhance the usage of its ports;
(e)to perform any other functions conferred on it under this or another Act or under the regulation;
(f)to provide or arrange for the provision of ancillary services or works necessary or convenient for the effective and efficient operation of its ports;
(g)to provide port services relating to the establishment, operation and administration of its ports including pilotage services, dredging services, services relating to the reclamation of land and ancillary services to the provision of port services;
(h)to dredge and otherwise maintain or improve navigational channels of its ports and to reduce or remove a shoal, bank or accumulation in its ports that, in the port authority’s opinion, impedes navigation in its ports;
(i)to impose a charge for the use of port areas, for example a charge imposed by reference to a ship using its ports, or goods or passengers loaded, unloaded or transhipped from ships using port facilities;
(j)controlling activities in its port areas by issuing port notices and granting port approvals; and
(k)requesting information from vessels entering its port areas.
6.The rights and interests of Carpentaria Shire Council:
(a)under the Local Government Act 2009 (Qld) (LGA), Local Government Regulation 2012 (Qld) and ‘Local Government Act’ as defined in the LGA;
(b)as the:
(i)lessor under any leases which were validly entered into before the date on which these orders are made and whether separately particularised in these orders or not;
(ii)grantor of any licences or other rights and interests which were validly granted before the date on which these orders were made and whether separately particularised in these orders or not;
(iii)holder of any estate or interest in land, as trustee of any reserves, which exist in the Determination Area;
(c)as the owner and operator of infrastructure, and those facilities and other improvements located in the Determination Area validly constructed or established on or before the date on which these orders are made, including but not limited to:
(i) water pipelines and water supply infrastructure;
(ii)drainage facilities;
(iii)watering point facilities; and
(iv)recreational facilities;
(d)to enter the land for the purposes described in paragraphs 6(a), 6(b) and 6(c) by their employees, agents or contractors to:
(i) exercise any of the rights and interests referred to in paragraph 6;
(ii)inspect, maintain and repair the infrastructure, facilities and other improvements referred to in paragraph 6(c) above;
(iii)undertake operational activities in its capacity as a local government such as feral animal control, weed control, erosion control, waste management and fire management.
7.The rights and interests of the State of Queensland and the Carpentaria Shire Council to access the Determination Area for the purpose of using, operating, maintaining and controlling the Current Roads in the Determination Area and the rights and interests of the public to use and access the Current Roads.
8.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 Land 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 Integrated Planning Act 1997 (Qld) or Sustainable Planning Act 2009 (Qld);
(h)the Transport Infrastructure Act 1994 (Qld);
(i)the Fire and Rescue Service Act 1990 (Qld) or Ambulance Service Act 1991 (Qld);
(j)the Marine Parks Act 2004 (Qld);
(k)the Fisheries Act 1994 (Qld);
(l)the Coastal Protection and Management Act 1995 (Qld);
(m)the Transport Operations (Marine Safety) Act 1994 (Qld); and
(n)the Transport Operations (Marine Pollution) Act 1995 (Qld).
9.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.
10.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 application area covers all the land and waters within the External Boundary described as: Commencing at a point where the eastern bank of the Leichhardt River meets the Gulf of Carpentaria at the Low-water Mark and extending generally easterly and generally north easterly along that Low-water Mark to its intersection with the western bank of the Norman River; then across the mouth of the Norman River to the centreline of the Norman River; then generally south easterly and generally southerly along the centreline of that river to Latitude 18.378960° South; then generally south westerly and generally north westerly passing through the following coordinate points:
Longitude ° East Latitude ° South 141.196622 18.464687 141.152173 18.514674 141.100732 18.563214 141.057497 18.599389 141.015084 18.632340 140.999929 18.643416 140.987475 18.650819 140.955048 18.665735 140.903354 18.683657 140.821292 18.705361 140.761040 18.718654 140.709033 18.728313 140.547914 18.756225 140.522662 18.759303 140.276593 18.721826 140.150428 18.699548 140.048404 18.683002 139.941227 18.661993 Then again northwesterly to the eastern bank of the Leichhardt River at Latitude 18.623255° South; then generally northerly along the eastern bank of that river back to the commencement point.
The Determination Area excludes any areas subject to:
·Native title determination QUD66/2005 Gangalidda and Garawa People #2 (QCD2015/003) as determined in the Federal Court on 1 April 2015.
·Native title determination QUD207/1997 Wellesley Islands Sea Claim (QCD2004/001) as determined in the Federal Court on 23 March 2004.
Note
Data Reference and source
Application boundary compiled by National Native Title Tribunal based on information or instructions provided by the applicants.
Maritime boundaries data is © Commonwealth of Australia (Geoscience Australia) 2006. AMB 6th Edition released in February 2006
Rivers/Creeks where available are based on Casement data sourced from the Department of Natural Resources and Mines, Qld (August 2012) – else Topographic vector data is © Commonwealth of Australia (Geoscience Australia) 2003.
Non-Freehold data sourced from Department of Natural Resources and Mines, Qld (August 2017).
Reference datum
Geographical coordinates have been provided by the NNTT Geospatial Services and 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 of 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 either by lot on plan, or relevant parts thereof, or otherwise described, 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 are not otherwise excluded by the terms of Schedule 5.
Part 1 — Areas where native title exists
All of the land and waters described in the following table and depicted in green in the determination maps contained in Schedule 6:
Area description (at the time of the determination)
Determination Map Sheet Reference
Note
Part of Lot 96 on NM129
25, 26, 27, 28, 33, 38, 45, 46, 47 and 48
Part of this lot being the balance not described in Part 3 of Schedule 4 (areas where native title does not exist).
Part of Lot 102 on SP195710
26, 29, 30 and 34
Part of this lot being the balance not described in Part 3 of Schedule 4 (areas where native title does not exist).
Part of Lot 93 on NM151
26, 29, 30, 31, 32, 34, 36, 37, 38 and 41
Part of this lot being the balance not described in Part 3 of Schedule 4 (areas where native title does not exist).
Lot 111 on N14846
47 and 48
Lot 112 on N14846
47 and 48
Lot 113 on N14846
48
Lot 115 on N14846
48
Lot 18 on CP898996
26 and 48
Lot 19 on NM132
26
Lot 84 on CP898995
26
Lot 8 on CP898998
26 and 37
Lot 78 on NM109
8, 27, 28, 50, 51 and 52
Lot 1 on IF5
7 and 8
That part of Lot 2 on NM108 that lies within the External Boundary
8
Lot 9 on NM143
3, 4, 7, 8, 13, 14, 27 and 56
Lot 2461 on SP273186
4, 15, 25 and 27
That part of Lot 4 on SP280675 that lies within the External Boundary
8, 50, 52, 53, 54 and 55
Lot 2 on CP838627
2, 6 and 10
Lot 30 on NM70
26, 28, 45, 47 and 48
Lot 21 on NM39
4, 20, 23, 24 and 25
Lot 1 on SP284255
2, 3, 6 and 7
Lot 3 on SP284255
6 and 7
Lot 3 on SP181805
1, 2, 5 and 6
Lot 2 on SP181805
5, 6, 10 and 49
That part of Lot 442 on NPW906 that lies within the External Boundary
1
Lot 182 on N14851
40
Lot 3 on SK2
7
Lot 64 on B15772
55
Lot 6 on B15739
55
Lot 95 on NM62
26
Lot 2 on NM143
7
That part of Lot 8 on NM142 that lies within the External Boundary
50 and 55
Lot 12 on SP116569
35
Lot 103 on N1481
31
Lot 88 on N1483
26
Lot 89 on N14825
30 and 31
Lot 10 on NM152
3 and 4
Lot 91 on N14864
43
Lot 100 on NM2
26
Lot 6 on SP235283
25, 26, 28 and 42
Lot 1 on SP218122
34 and 39
Lot 2 on N14852
29, 30, 34 and 35
Lot 53 on SP112715
55
Lot 101 on SP195709
26, 37, 40, 41, 43 and 45
Lot 85 on N14825
26, 30 and 31
Lot 9 on N14838
35
Lot 1 on N1486
32
Lot 101 on G4161
53
Lot 1 on N14845
48
Lot 101 on N14846
46 and 48
Lot 102 on G4161
53
Lot 102 on G4331
13
Lot 2 on N14845
48
Lot 102 on N14846
46, 47 and 48
Lot 103 on G4161
53
Lot 103 on G4331
13
Lot 103 on N14846
47 and 48
Lot 104 on G4161
53
Lot 104 on G4331
13
Lot 105 on G4161
53
Lot 105 on G4331
13
Lot 106 on G4161
53
Lot 106 on G4331
13
Lot 107 on G4161
53
Lot 107 on G4331
13
Lot 108 on G4161
53
Lot 108 on G4331
13
Lot 109 on G4161
53
Lot 109 on G4331
13
Lot 110 on G4161
53
Lot 110 on G4331
13
Lot 111 on G4161
53
Lot 111 on G4331
13
Lot 3 on N14845
48
Lot 112 on G4161
53
Lot 112 on G4331
13
Lot 4 on N14845
48
Lot 113 on G4161
53
Lot 113 on G4331
13
Lot 114 on G4161
53
Lot 114 on G4331
13
Lot 115 on G4161
53
Lot 115 on G4331
13
Lot 116 on G4161
53
Lot 116 on G4331
13
Lot 117 on G4161
53
Lot 117 on G4331
13
Lot 118 on G4161
53
Lot 118 on G4331
13
Lot 119 on G4161
53
Lot 119 on G4331
13
Lot 31 on NM75
26, 31 and 32
Lot 11 on N14845
48
Lot 120 on G4161
53
Lot 120 on G4331
13
Lot 12 on N14845
48
Lot 21 on N14845
48
Lot 2 on N1486
32
Lot 4 on N1486
32
Lot 11 on N14833
32
Lot 21 on N14833
321
Lot 22 on N14845
48
Lot 31 on N14845
48
Lot 12 on N14833
31 and 32
Lot 14 on N14833
31 and 32
*
Lot 32 on N14845
48
Lot 33 on N14845
48
Lot 47 on N14833
31
*
Lot 1 on N14833
31
*
Lot 14 on USL165
15
Lot 41 on N14845
48
Lot 154 on USL131
24
Lot 15 on USL165
15
Lot 2 on N14833
31 and 32
Lot 42 on N14845
48
Lot 164 on N14851
40
Lot 43 on N14845
48
Lot 165 on N14851
40
Lot 51 on N14845
48
Lot 166 on N14851
40
Lot 167 on N14851
40
Lot 168 on N14851
40 and 41
Lot 169 on N14851
40 and 41
Lot 170 on N14851
40 and 41
Lot 171 on N14851
40 and 43
Lot 3 on N14833
31 and 32
Lot 17 on NM11
48
Lot 172 on N14851
40 and 43
Lot 52 on N14845
48
Lot 173 on N14851
40
Lot 61 on N14845
48
Lot 174 on N14851
40
Lot 4 on N14833
32
Lot 71 on N14845
48
Lot 72 on N14845
48
Lot 186 on N14851
43
Lot 16 on N14833
31
Lot 1 on AP5106
48
Lot 17 on N14833
31
Lot 81 on N14845
48
Lot 201 on G4161
53
Lot 201 on G4331
13
Lot 82 on N14845
48
Lot 202 on G4161
53
Lot 202 on G4331
13
Lot 203 on G4161
53
Lot 203 on G4331
13
Lot 204 on G4161
53
Lot 204 on G4331
13
Lot 205 on G4161
53
Lot 205 on G4331
13
Lot 206 on G4161
53
Lot 206 on G4331
13 and 14
Lot 207 on G4161
53
Lot 207 on G4331
13 and 14
Lot 208 on G4161
53
Lot 208 on G4331
14
Lot 209 on G4161
53
Lot 209 on G4331
14
Lot 210 on G4161
53
Lot 210 on G4331
14
Lot 211 on G4161
53
Lot 211 on G4331
14
Lot 101 on N14845
48
Lot 212 on G4161
53
Lot 212 on G4331
14
Lot 102 on N14845
48
Lot 213 on G4161
53
Lot 213 on G4331
13 and 14
Lot 214 on G4161
53
Lot 214 on G4331
13 and 14
Lot 215 on G4161
53
Lot 215 on G4331
13
Lot 216 on G4161
53
Lot 216 on G4331
13
Lot 217 on G4161
53
Lot 217 on G4331
13
Lot 218 on G4161
53
Lot 218 on G4331
13
Lot 219 on G4161
53
Lot 219 on G4331
13
Lot 21 on AP9331
55
Lot 111 on N14845
48
Lot 187 on N14851
43
Lot 188 on N14851
43
Lot 21 on USL37
52
Lot 220 on G4161
53
Lot 220 on G4331
13
Lot 189 on N14851
43
Lot 112 on N14845
48
Lot 190 on N14851
43
Lot 191 on N14851
43
Lot 25 on N14819
30
Lot 34 on N14819
30
*
Lot 35 on N14819
30
Lot 23 on N14841
30
Lot 49 on N14833
31
*
Lot 121 on N14845
48
Lot 122 on N14845
48
Lot 24 on N14841
30
Lot 22 on N14851
36
Lot 26 on SP120080
32
Lot 23 on N14851
36
Lot 131 on N14845
48
Lot 25 on N14841
30
Lot 24 on N14851
36
Lot 141 on N14845
48
Lot 142 on N14845
48
Lot 25 on N14851
36 and 41
Lot 26 on N14841
30
Lot 26 on N14851
36 and 41
Lot 27 on N14851
36 and 41
Lot 27 on N14841
30
Lot 28 on N14851
41
Lot 29 on N14851
41
Lot 18 on N14833
31
Lot 19 on N14833
31
*
Lot 28 on N14841
30
Lot 151 on N14845
48
Lot 91 on N14833
31
Lot 301 on G4161
53
Lot 301 on G4331
14
Lot 302 on G4161
53
Lot 302 on G4331
14
Lot 303 on G4161
53
Lot 303 on G4331
14
Lot 304 on G4161
53
Lot 304 on G4331
14
Lot 305 on G4161
53
Lot 305 on G4331
14
Lot 306 on G4161
53 and 54
Lot 306 on G4331
14
Lot 307 on G4161
54
Lot 307 on G4331
14
Lot 308 on G4161
54
Lot 308 on G4331
14
Lot 309 on G4161
54
Lot 309 on G4331
14
Lot 29 on N14841
30
Lot 30 on N14851
41
Lot 310 on G4161
54
Lot 310 on G4331
14
Lot 311 on G4161
54
Lot 311 on G4331
14
Lot 312 on G4161
54
Lot 312 on G4331
14
Lot 313 on G4161
54
Lot 313 on G4331
14
Lot 314 on G4161
54
Lot 314 on G4331
14
Lot 315 on G4161
53 and 54
Lot 315 on G4331
14
Lot 316 on G4161
53 and 54
Lot 316 on G4331
14
Lot 317 on G4161
53
Lot 317 on G4331
14
Lot 318 on G4161
53
Lot 318 on G4331
14
Lot 319 on G4161
53
Lot 319 on G4331
14
Lot 31 on CP901584
39
*
Lot 171 on N14845
48
Lot 31 on N14851
41
Lot 25 on SP120079
32
Lot 320 on G4161
53
Lot 320 on G4331
14
Lot 30 on N14841
30
Lot 172 on N14845
48
Lot 32 on N14851
41
Lot 31 on N14841
30
Lot 173 on N14845
48
Lot 33 on N14851
41
Lot 32 on N14841
30
Lot 33 on N14841
30
Lot 34 on N14851
41
Lot 34 on N14841
30
Lot 35 on N14841
30
Lot 35 on N14851
41
Lot 36 on N14841
30
Lot 36 on N14851
36 and 41
Lot 36 on SP120079
32
Lot 37 on N14841
30
Lot 37 on N14851
36 and 41
Lot 38 on N14851
36 and 41
Lot 39 on N14851
36
Lot 41 on N14833
31
Lot 181 on N14845
48
Lot 401 on G4161
53
Lot 401 on G4331
14
Lot 402 on G4161
53
Lot 402 on G4331
14
Lot 403 on G4161
53
Lot 403 on G4331
14
Lot 404 on G4161
53
Lot 404 on G4331
14
Lot 405 on G4161
53
Lot 405 on G4331
14
Lot 406 on G4161
53
Lot 406 on G4331
14
Lot 407 on G4161
53
Lot 407 on G4331
14
Lot 408 on G4161
53
Lot 408 on G4331
14
Lot 409 on G4161
53
Lot 409 on G4331
14
Lot 40 on N14841
30
Lot 40 on N14851
36
Lot 410 on G4161
53
Lot 410 on G4331
14
Lot 411 on G4161
53
Lot 411 on G4331
14
Lot 412 on G4161
53
Lot 412 on G4331
14
Lot 413 on G4161
53
Lot 413 on G4331
14
Lot 414 on G4161
53
Lot 414 on G4331
14
Lot 415 on G4161
53
Lot 415 on G4331
14
Lot 416 on G4161
53
Lot 416 on G4331
14
Lot 417 on G4161
53
Lot 417 on G4331
14
Lot 418 on G4161
53
Lot 418 on G4331
14
Lot 419 on G4161
53
Lot 419 on G4331
14
Lot 43 on N14833
31
*
Lot 182 on N14845
48
Lot 420 on G4161
53
Lot 420 on G4331
14
Lot 2 on AP5106
46, 47 and 48
Lot 191 on N14845
48
Lot 42 on N14851
41
Lot 44 on N14833
31
*
Lot 192 on N14845
48
Lot 43 on N14851
41
Lot 58 on N14833
31
Lot 44 on N14851
41
Lot 451 on RP705614
21
*
Lot 452 on RP705614
21
*
Lot 45 on N14851
41
Lot 469 on RP705614
21
*
Lot 46 on N14841
30
Lot 46 on N14851
41
Lot 470 on RP705614
21
*
Lot 66 on SP120079
32
*
Lot 47 on N14841
30
Lot 47 on N14851
41
Lot 48 on N14841
30
Lot 48 on N14851
41
Lot 67 on N14833
32
*
Lot 49 on N14841
30
Lot 49 on N14851
41
Lot 59 on N14833
31
Lot 201 on N14845
48
Lot 68 on N14833
32
*
Lot 4 on PH1136
11
Lot 501 on G4161
53
Lot 501 on G4331
13
Lot 502 on G4161
53
Lot 502 on G4331
13
Lot 503 on G4161
53
Lot 503 on G4331
13
Lot 504 on G4161
53
Lot 504 on G4331
13
Lot 505 on G4161
53
Lot 505 on G4331
13
Lot 506 on G4161
53
Lot 506 on G4331
13
Lot 507 on G4161
53
Lot 507 on G4331
13
Lot 508 on G4161
53
Lot 508 on G4331
13
Lot 509 on G4161
53
Lot 509 on G4331
13 and 14
Lot 50 on N14841
30
Lot 50 on N14851
41
Lot 510 on G4161
53
Lot 510 on G4331
13 and 14
Lot 511 on G4161
53
Lot 511 on G4331
13 and 14
Lot 512 on G4161
53
Lot 512 on G4331
13
Lot 513 on G4161
53
Lot 513 on G4331
13
Lot 514 on G4161
53
Lot 514 on G4331
13
Lot 515 on G4161
53
Lot 515 on G4331
13
Lot 516 on G4161
53
Lot 516 on G4331
13
Lot 517 on G4161
53
Lot 517 on G4331
13
Lot 518 on G4161
53
Lot 518 on G4331
13
Lot 519 on G4161
53
Lot 519 on G4331
13
Lot 51 on N14841
30
Lot 211 on N14845
48
Lot 51 on N14851
41
Lot 520 on G4161
53
Lot 520 on G4331
13
Lot 52 on N14841
30
Lot 212 on N14845
48
Lot 52 on N14851
41
Lot 53 on N14841
30
Lot 53 on N14851
41
Lot 54 on N14841
30
Lot 54 on N14851
41
Lot 55 on N14841
30
Lot 55 on N14851
41
Lot 56 on N14851
41
Lot 57 on N14851
41
Lot 81 on N14833
31
Lot 58 on N14851
41
Lot 82 on N14833
31
Lot 83 on N14833
31
Lot 59 on N14851
41
Lot 84 on N14833
31
Lot 601 on G4161
53
Lot 601 on G4331
13
Lot 602 on G4161
53
Lot 602 on G4331
13
Lot 603 on G4161
53
Lot 603 on G4331
13
Lot 604 on G4161
53 and 54
Lot 604 on G4331
13
Lot 605 on G4161
54
Lot 605 on G4331
13
Lot 606 on G4161
54
Lot 606 on G4331
13
Lot 607 on G4161
54
Lot 607 on G4331
13
Lot 608 on G4161
54
Lot 608 on G4331
13
Lot 609 on G4161
54
Lot 609 on G4331
13
Lot 60 on N14851
41
Lot 610 on G4161
54
Lot 610 on G4331
13
Lot 611 on G4161
54
Lot 611 on G4331
13
Lot 612 on G4161
54
Lot 612 on G4331
13
Lot 613 on G4161
54
Lot 613 on G4331
13
Lot 614 on G4161
54
Lot 614 on G4331
13
Lot 615 on G4161
54
Lot 615 on G4331
13
Lot 616 on G4161
54
Lot 616 on G4331
13
Lot 617 on G4161
53 and 54
Lot 617 on G4331
13
Lot 618 on G4161
53 and 54
Lot 618 on G4331
13
Lot 619 on G4161
53
Lot 619 on G4331
13
Lot 261 on N14845
48
Lot 61 on N14851
41
*
Lot 620 on G4161
53
Lot 620 on G4331
13
Lot 62 on N14851
41
Lot 63 on N14841
35
Lot 63 on N14851
41
*
Lot 64 on N14851
41
Lot 65 on N14851
41
Lot 66 on N14851
41
Lot 69 on N14833
32
*
Lot 70 on N14833
32
*
Lot 67 on N14851
41
Lot 71 on N14833
32 and 37
*
Lot 68 on N14841
30 and 35
Lot 68 on N14851
41
Lot 72 on N14833
32 and 37
*
Lot 69 on N14841
30 and 35
Lot 69 on N14851
41
Lot 85 on N14833
31
*
Lot 701 on G4161
54
Lot 702 on G4161
54
Lot 703 on G4161
54
Lot 704 on G4161
54
Lot 705 on G4161
54
Lot 706 on G4161
54
Lot 707 on G4161
54
Lot 708 on G4161
54
Lot 709 on G4161
54
Lot 75 on N14833
32
*
Lot 70 on N14851
41
Lot 710 on G4161
54
Lot 711 on G4161
54
Lot 712 on G4161
54
Lot 713 on G4161
54
Lot 714 on G4161
54
Lot 715 on G4161
54
Lot 716 on G4161
54
Lot 123 on N14833
31 and 36
Lot 262 on N14845
48
Lot 71 on N14851
41
Lot 124 on N14833
31 and 36
Lot 271 on N14845
48
Lot 72 on N14851
41
Lot 73 on N14851
41
Lot 74 on N14851
41
Lot 135 on N14833
36
*
Lot 75 on N14851
41
Lot 76 on N14851
41
Lot 77 on N14851
41
Lot 78 on N14851
41
Lot 79 on N14851
40 and 41
Lot 2 on N14819
31
Lot 7 on USL165
4
Lot 5 on N14819
31
Lot 281 on N14845
48
Lot 6 on N14819
31
Lot 282 on N14845
48
Lot 7 on N14834
36
Lot 14 on N14834
36
Lot 84 on N14851
40 and 41
Lot 59 on N14834
36
*
Lot 85 on N14851
40 and 41
Lot 86 on N14851
40 and 41
Lot 87 on N14851
41
Lot 88 on N14851
41
Lot 89 on N14851
41
Lot 8 on N14841
30
*
Lot 909 on N1481
35
*
Lot 90 on N14851
41
Lot 140 on N14833
32 and 37
Lot 91 on N14851
41
Lot 92 on N14846
46 and 48
Lot 93 on N14846
48
Lot 93 on N14851
40 and 41
Lot 94 on N14851
40 and 41
Lot 95 on N14851
40 and 41
Lot 96 on N14851
40
Lot 97 on N14851
40
Lot 98 on N14846
40 and 48
Lot 98 on N14851
40
Lot 9 on USL165
15
Lot 114 on N14846
48
Lot 21 on N14846
46
Lot 22 on N14846
46
Lot 23 on N14846
46
Lot 24 on N14846
46
Lot 31 on N14846
46 and 47
Lot 41 on N14846
46
Lot 42 on N14846
46
Lot 43 on N14846
46
Lot 44 on N14846
46
Lot 51 on N14846
46 and 47
Lot 52 on N14846
47
Lot 53 on N14846
47
Lot 54 on N14846
47
Lot 62 on N14846
46
Lot 63 on N14846
46
Lot 71 on N14846
46
Lot 72 on N14846
46 and 47
Lot 73 on N14846
47
Lot 81 on N14846
47
Lot 82 on N14846
47
Lot 83 on N14846
47
Lot 22 on AP15763
32
Lot 23 on AP15763
32
Save for any waters forming part of a lot on plan, all rivers, creeks, streams and lakes that fall within the External Boundary and are not included in Part 3 of Schedule 4 (areas where native title does not exist), including but not limited to:
(a) the Norman River;
(b) the Bynoe River;
(c) the Flinders River;
(d) Morning Inlet;
(e) Armstrong Creek; and
(f) Alexandra River.
*denotes areas to which s 47B of the Native Title Act 1993 (Cth) apply.
Part 2 — Inter-tidal zone areas
All the land and waters below the High-water Mark but above the Low-water Mark.
Part 3 — Areas where native title does not exist
All of the land and waters described in the following table and depicted in orange in the determination maps contained in Schedule 6:
Area description (at the time of the determination) Determination Map Sheet Reference Note Part 3(a) – Southern Area Commencing at the northern most corner of Lot 1 on TW6, at the intersection between the Leichhardt River and Alexandra River, a point at Latitude 18.214026° South and Longitude 139.88849° East, and extending generally easterly along the northern boundaries of that lot, then Lot 2 on WON4 until a point at Latitude 18.392614° South; then generally south-easterly, easterly and then north-easterly through the following coordinate points:
Longitude ° East Latitude ° South 140.492900 18.472827 140.508755 18.528820 140.520782 18.557328 140.548118 18.585831 140.577640 18.606557 140.596775 18.605521 140.604975 18.597749 140.610442 18.592049 140.619736 18.591013 140.627937 18.595676 140.667847 18.582204 140.676047 18.585831 140.691902 18.590495 140.707210 18.576503 140.720394 18.558054 140.730171 18.544370 140.749171 18.538560 140.778282 18.512231 140.785389 18.500307 Then north-easterly to the eastern bank of the Flinders River, a point at Latitude 18.486687° South; then generally north along the eastern boundaries of that river until the north-western most corner of Lot 1 on LA2, a point at Latitude -18.230398 South; then easterly, northerly and again easterly along the northern boundaries of that lot to a point where it intersects the centreline of the Norman River at 141.141133° East; then generally south along the centreline of that river to a point at Latitude 18.378960° South; then generally south westerly and generally north westerly passing through the following coordinate points:
Longitude ° East Latitude ° South 141.196622 18.464687 141.152173 18.514674 141.100732 18.563214 141.057497 18.599389 141.015084 18.632340 140.999929 18.643416 140.987475 18.650819 140.955048 18.665735 140.903354 18.683657 140.821292 18.705361 140.761040 18.718654 140.709033 18.728313 140.547914 18.756225 140.522662 18.759303 140.276593 18.721826 140.150428 18.699548 140.048404 18.683002 139.941227 18.661993 Then again north westerly to the eastern bank of the Leichhardt River at Latitude 18.623255° South; then generally northerly along the eastern bank of that river back to the commencement point.
(the "Southern Area")
For the avoidance of doubt, the Southern Area includes:
Lot 1 on IF4
That part of Lot 1 on LA2 that lies within the External Boundary
That part of Lot 1 on TW5 that lies within the External Boundary
Lot 1 on TW6
Lot 1 on WON3
Part of Lot 2 on WON4
That part of Lot 166 on SP276509 that lies within the External Boundary
Lot 3 on PH1136
That part of Lot 2132 on PH654 that lies within the External Boundary
That part of Lot 271 on CP847171 that lies within the External Boundary
That part of Lot 4 on SP287784that lies within the External Boundary
That part of Lot 5262 on PH1850 that lies within the External Boundary
That part of Lot 5274 on SP271683 that lies within the External Boundary5, 6, 7, 8, 9, 10 , 11 and 12 Data reference and source
Cadastral data sourced from Department of Natural Resources, Mines & Energy, Qld (August 2019)
Rivers/Creeks where available are based on Casement data sourced from the Department of Natural Resources, Mines & Energy, Qld (August 2019) – else Topographic vector data is © Commonwealth of Australia (Geoscience Australia) 2003Reference datum
Geographical coordinates are referenced to the Geocentric Datum of Australia 1994 (GDA94), in decimal degrees.Save for any waters forming part of a lot on plan, all rivers, creeks, streams and lakes that fall within the written description of the Southern Area above, including part of Flinders River and part of Saxby River. Part 3(b) – Areas where native title does not exist and that are not within the Southern Area Lot 59 on SP280700 10 and 11 That part of Lot 2 on WON4 that falls within the External Boundary but not within the Southern Area 11 Lot 5107 on SP287779 6, 7, 10 and 11 That part of Lot 102 on SP195710 commencing at the northern most corner of the southern-most severance of Lot 102 on SP195710, also being a point on the south-western boundary of Lot 2 on N14852 at Latitude 17.665897 South, Longitude 141.071309 East; and extending south-easterly along the south-western boundary of Lot 2 on N14852 to the northern-most corner of Lot 93 on NM151; then south-westerly and then south-easterly along the western boundaries of that lot until the intersection with Henrietta Street; then north-westerly and southerly along the boundary of the southern-most severance of Lot 102 on SP195710 until a point at Latitude 17.672188 South, Longitude 141.069166 East; then south-westerly to a point on the south-western boundary of Lot 102 on SP195710 at Latitude 17.673598 South, Longitude 141.067445 East; then north-westerly, then north-easterly along the south-western and north-western boundaries of that lot back to the commencement point. 26, 29, 33 and 34 That part of Lot 96 on NM129 commencing at a point on the south-eastern boundary of Lot 999 on SP280674, opposite the intersection of the Burke Developmental Road and Rodeo Drive, at Latitude 17.690385 South, Longitude 141.056576 East and extending north-westerly then north-easterly along the eastern boundary of that lot to a point at Latitude 17.683177 South, Longitude 141.057344 East; then south-easterly along a line to the intersection of the Burke Developmental Road at Latitude 17.685476 South; then south-westerly along the northern boundary of that road back to the commencement point. 25, 29 and 33 That part of Lot 93 on NM151 commencing at the eastern-most corner of Lot 37 on B15740, and extending south-easterly to the intersection with the north western boundary of Lot 2 on N14852 at Latitude 17.664808 South; then south-westerly and south-easterly along the boundary of that lot to the north-western boundary of Lot 102 on SP195710, then south-westerly along the boundary of that lot to its western most corner; then north-westerly to a point on the north-western boundary of Lot 93 on NM151 at Latitude 17.669068 South; then north-easterly along the north-western boundary of that lot back to the commencement point. 26, 29, 33 and 34 Lot 14 on SP196741 43 Lot 15 on SP196741 43 Lot 12 on N14846 44, 45 and 46 Lot 1 on RP902029 43 Lot 1 on RP902035 39 and 42 Lot 1 on SP116577 42 Lot 1 on SP146616 43 Lot 20 on SP202656 43 Lot 21 on SP202656 43 Lot 22 on SP202656 42 and 43 Lot 23 on SP202656 42 Lot 24 on SP202656 42 Lot 25 on SP202656 42 Lot 26 on SP202656 42 Lot 28 on SP136520 33 and 34 Lot 29 on SP202656 42 and 43 Lot 2 on RP902029 43 Lot 2 on RP902035 39 Lot 2 on RP906669 43 Lot 2 on SP112901 39 and 42 Lot 2 on SP116577 42 Lot 2 on SP146616 43 Lot 30 on SP202656 42 and 43 Lot 31 on N14822 39 Lot 31 on SP202656 42 and 43 Lot 32 on SP202656 42 and 43 Lot 35 on SP280660 42 and 43 Lot 3 on RP902035 39 Lot 3 on RP906669 43 Lot 3 on SP112901 39 Lot 3 on SP116577 42 and 43 Lot 3 on SP146616 43 Lot 4 on RP902035 39 Lot 4 on SP112901 39 Lot 4 on SP116577 43 Lot 4 on SP146616 43 Lot 50 on SP202656 26, 38, 39, 42 and 43 Lot 55 on SP287791 42 Lot 5 on RP902035 39 Lot 5 on SP116577 43 Lot 5 on SP146616 42 and 43 Lot 67 on SP196743 43 Lot 6 on RP902035 39 Lot 6 on SP116577 43 Lot 6 on SP146616 42 Lot 7 on RP902035 39 Lot 7 on SP116577 39 and 42 Lot 8 on RP902035 39 Lot 8 on SP116577 39, 40, 42 and 43 Lot 8 on SP146616 26, 42, 43, 44 and 46 Lot 12 on NM808172 39 and 40 Lot 14 on NM808172 39 Lot 1 on CP843298 34 and 39 Lot 1 on NM808172 40 Lot 1 on RP737048 35 and 36 Lot 2 on NM808172 40 Lot 2 on RP737048 36 Lot 316 on RP747686 36 Lot 34 on CP852642 39 and 40 Lot 3 on NM808172 40 Lot 4 on NM808172 40 Lot 5 on NM808172 40 Lot 5 on SP112914 34 Lot 6 on NM808172 40 Lot 7 on NM808172 40 Lot 8 on SP112914 40 Lot 9 on NM808172 40 Lot 76 on CP908325 25 and 27 Lot 18 on SP273194 25 Lot 13 on SP116572 35 Lot 11 on NM808172 39 and 40 Lot 12 on N14878 40 Lot 13 on NM808172 39 and 40 Lot 15 on NM808172 39 Lot 17 on N14848 40 and 43 Lot 176 on N14851 40 Lot 177 on N14851 40 Lot 22 on N14839 39 Lot 23 on N14839 39 Lot 2 on CP818214 7 and 11 Lot 2 on N14861 44 Lot 4 on N14878 40 Lot 63 on N14850 39 Lot 1 on SP116572 35 Lot 32 on CP901584 39 Lot 33 on CP901584 39 Lot 77 on SP146610 43 Lot 79 on SP280678 48 Lot 80 on SP280697 48 Lot 81 on SP280697 48 Lot 125 on RP857729 35 Lot 135 on SP154660 35 Lot 141 on SP154671 40 Lot 14 on RP865047 36 Lot 162 on SP139325 40 Lot 170 on RP909865 34 Lot 1 on N14890 35, 40 and 41 Lot 100 on N1481 35 Lot 100 on N14833 31 Lot 100 on N14851 40 Lot 100 on RP705614 17 Lot 101 on G4331 13 Lot 101 on N1481 31 Lot 101 on N14833 31 Lot 101 on RP705614 17 Lot 102 on N1481 31 Lot 102 on N14833 31 Lot 102 on RP705614 17 Lot 103 on N14833 31 Lot 103 on N14850 39 Lot 103 on RP705614 17 Lot 104 on N14833 31 Lot 104 on N14850 39 Lot 104 on RP705614 17 Lot 105 on N14850 39 Lot 105 on RP705614 17 Lot 106 on N14850 39 Lot 106 on RP705614 17 Lot 107 on N14850 39 Lot 107 on RP705614 17 Lot 108 on N14850 39 Lot 108 on RP705614 17 Lot 109 on N14850 39 Lot 109 on RP705614 17 Lot 10 on B1575 8 Lot 10 on N14819 30 Lot 10 on N14821 34 Lot 10 on N14824 34 Lot 10 on N14833 32 Lot 10 on N14839 39 Lot 10 on N14841 30 Lot 10 on NM808172 40 Lot 10 on RP705614 19 Lot 10 on SP136532 39 Lot 110 on N14850 39 Lot 110 on RP705614 17 Lot 111 on N14850 39 Lot 111 on RP705614 17 Lot 111 on SP119108 31 and 13 Lot 112 on N14850 39 Lot 112 on N14851 40 Lot 112 on RP705614 17 Lot 112 on SP119108 31 and 36 Lot 113 on N14850 39 Lot 113 on RP705614 17 and 18 Lot 113 on SP119108 31 and 36 Lot 114 on N14850 39 Lot 114 on RP705614 17 and 18 Lot 114 on SP119108 31 Lot 115 on N14850 39 Lot 115 on RP705614 18 Lot 115 on SP119108 31 Lot 116 on N14850 39 Lot 116 on RP705614 18 Lot 117 on N14850 39 Lot 117 on RP705614 18 Lot 118 on N14850 39 Lot 118 on RP705614 18 Lot 119 on N14833 31 Lot 119 on N14850 39 Lot 119 on RP705614 18 Lot 11 on N14819 30 and 31 Lot 11 on N14821 34 Lot 11 on N14824 34 Lot 11 on N14834 36 Lot 11 on N14839 39 Lot 11 on N14841 30 Lot 11 on N14846 44 and 46 Lot 11 on RP705614 19 Lot 11 on SP136532 34 and 39 Lot 120 on N14833 31 Lot 120 on N14850 39 Lot 120 on RP705614 18 Lot 121 on N1481 35 Lot 121 on RP705614 18 Lot 122 on N1481 35 Lot 121 on N14833 31 and 36 Lot 122 on N14833 31 and 36 Lot 122 on RP705614 18 Lot 123 on N1481 35 Lot 118 on N14851 40 Lot 123 on RP705614 18 Lot 124 on N1481 35 Lot 119 on N14851 40 Lot 124 on RP705614 18 Lot 125 on N14833 36 Lot 120 on N14851 40 Lot 125 on RP705614 18 Lot 126 on N14833 36 Lot 121 on N14851 40 Lot 126 on RP705614 18 Lot 122 on N14851 40 Lot 127 on RP705614 19 and 20 Lot 128 on N1481 35 Lot 123 on N14851 40 Lot 128 on RP705614 19 Lot 129 on N1481 35 Lot 129 on RP705614 19 Lot 12 on N14819 30 and 31 Lot 12 on N14821 34 Lot 12 on N14824 34 Lot 12 on N14834 36 Lot 12 on N14839 39 Lot 12 on N14841 30 Lot 12 on NM3 28 and 48 Lot 12 on RP705614 19 Lot 12 on SP136532 34 Lot 130 on N1481 35 Lot 130 on RP705614 19 Lot 131 on N1481 35 Lot 131 on N14833 36 Lot 124 on N14851 40 Lot 131 on RP705614 19 Lot 132 on N1481 35 Lot 132 on N14833 36 Lot 125 on N14851 40 Lot 132 on RP705614 19 Lot 133 on N14833 36 Lot 126 on N14851 40 Lot 133 on RP705614 19 Lot 134 on N14833 36 Lot 127 on N14851 40 Lot 134 on RP705614 19 Lot 128 on N14851 40 Lot 135 on RP705614 19 Lot 1 on RP735762 35 Lot 136 on N14833 36 and 37 Lot 136 on RP705614 19 Lot 137 on N14833 36 and 37 Lot 137 on RP705614 19 Lot 138 on N1481 35 Lot 138 on N14833 36 and 37 Lot 131 on N14851 40 Lot 138 on RP705614 19 Lot 139 on N1481 35 Lot 139 on N14833 36 and 37 Lot 132 on N14851 40 Lot 139 on RP705614 19 Lot 13 on N14819 30 and 31 Lot 13 on N14821 34 Lot 13 on N14824 34 Lot 13 on N14833 31 and 32 Lot 13 on N14834 36 Lot 13 on N14839 39 Lot 13 on N14841 30 Lot 13 on RP705614 19 Lot 13 on SP136532 34 Lot 140 on N1481 35 Lot 140 on RP705614 19 Lot 141 on RP705614 19 Lot 1 on RP742633 35 Lot 142 on RP705614 19 Lot 143 on RP705614 19 Lot 144 on RP705614 19 Lot 145 on RP705614 19 Lot 146 on RP705614 19 and 20 Lot 147 on RP705614 19 Lot 148 on RP705614 19 Lot 149 on RP705614 19 Lot 14 on N14819 31 Lot 14 on N14821 34 Lot 14 on N14824 34 Lot 14 on N14839 39 Lot 14 on N14841 30 Lot 14 on RP705614 19 Lot 1 on RP745768 36 Lot 14 on SP136532 33 and 34 Lot 150 on RP705614 18 and 19 Lot 151 on N14850 39 Lot 151 on RP705614 18 Lot 152 on RP705614 18 Lot 153 on RP705614 18 Lot 154 on RP705614 18 Lot 155 on RP705614 18 Lot 156 on RP705614 18 Lot 157 on RP705614 18 Lot 158 on RP705614 18 Lot 159 on RP705614 18 Lot 15 on N14819 31 Lot 15 on N14821 34 Lot 15 on N14824 34 Lot 15 on N14833 31 and 32 Lot 15 on N14834 36 Lot 15 on N14839 39 Lot 15 on N14841 30 Lot 15 on N14878 35 Lot 15 on RP705614 19 Lot 15 on SP136532 33 Lot 160 on RP705614 18 Lot 133 on N14851 40 Lot 161 on RP705614 18 Lot 162 on RP705614 18 Lot 163 on RP705614 18 and 19 Lot 134 on N14851 40 Lot 164 on RP705614 19 Lot 135 on N14851 40 Lot 165 on RP705614 19 Lot 136 on N14851 40 Lot 166 on RP705614 19 Lot 137 on N14851 40 Lot 167 on RP705614 18 Lot 138 on N14851 40 Lot 168 on RP705614 18 Lot 139 on N14851 40 Lot 169 on RP705614 18 Lot 16 on N14819 31 Lot 16 on N14821 34 Lot 16 on N14824 34 Lot 16 on N14834 36 Lot 16 on N14839 39 Lot 16 on N14841 30 and 35 Lot 16 on N14878 35 Lot 16 on NM808172 39 Lot 16 on RP705614 19 Lot 16 on SP136532 33 and 34 Lot 161 on N14851 40 Lot 170 on RP705614 18 Lot 1 on RP808180 39 Lot 1 on SP112898 40 Lot 171 on RP705614 18 Lot 172 on RP705614 18 Lot 173 on RP705614 17 and 18 Lot 174 on RP705614 17 Lot 175 on RP705614 17 Lot 176 on RP705614 17 Lot 178 on RP705614 17 Lot 179 on RP705614 17 Lot 17 on N14819 31 Lot 17 on N14821 34 Lot 17 on N14834 36 Lot 17 on N14839 39 Lot 17 on N14841 30 and 35 Lot 17 on RP705614 19 Lot 17 on SP136532 33 Lot 180 on RP705614 17 Lot 181 on RP705614 17 Lot 182 on RP705614 17 Lot 183 on RP705614 17 Lot 184 on RP705614 17 Lot 185 on RP705614 17 Lot 186 on RP705614 17 Lot 178 on N14851 40 Lot 187 on RP705614 17 Lot 179 on N14851 40 Lot 188 on RP705614 17 Lot 180 on N14851 40 Lot 189 on RP705614 17 Lot 18 on N14819 31 Lot 18 on N14821 34 Lot 18 on N14839 39 Lot 18 on N14841 35 Lot 18 on RP705614 19 Lot 18 on SP136532 33 Lot 181 on N14851 40 Lot 190 on RP705614 17 Lot 191 on RP705614 17 Lot 192 on RP705614 17 Lot 184 on N14851 40 Lot 193 on RP705614 17 Lot 185 on N14851 40 and 43 Lot 195 on RP705614 17 Lot 196 on RP705614 17 Lot 197 on RP705614 17 Lot 198 on RP705614 17 and 18 Lot 199 on RP705614 17 and 18 Lot 19 on N14821 34 Lot 19 on N14839 39 Lot 19 on N14841 30 and 35 Lot 19 on RP705614 19 Lot 19 on SP136532 33 and 38 Lot 1 on B15779 50 and 55 Lot 1 on N14811 36 Lot 1 on N14819 31 Lot 1 on N14821 34 Lot 1 on N14824 34 Lot 1 on N14834 36 Lot 1 on SP280679 48 Lot 1 on N14839 39 Lot 1 on N14841 30 and 35 Lot 1 on N14854 44 Lot 1 on N14857 29 Lot 1 on N14859 26 Lot 1 on N14878 35 Lot 1 on SP112917 31 and 36 Lot 1 on SP116574 36 Lot 1 on RP703297 52 Lot 1 on RP705614 20 Lot 1 on SP304965 27, 28, 48 Lot 1 on RP734822 40 Lot 1 on RP734934 51 Lot 1 on SP240936 36 Lot 1 on RP736267 31 Lot 1 on SP243337 40 Lot 1 on RP808170 34 Lot 1 on SP280674 25 and 27 Lot 1 on SP288775 35 and 40 Lot 1 on SP119108 31 Lot 1 on SP136532 33 and 34 Lot 201 on RP749690 31 and 36 Lot 204 on RP749690 31 and 36 Lot 22 on RP894136 39 Lot 200 on RP705614 18 Lot 201 on RP705614 18 Lot 27 on NM153 36 Lot 202 on RP705614 18 Lot 203 on RP705614 18 Lot 204 on RP705614 18 Lot 2 on N14883 35 and 40 Lot 2 on SP116582 39 and 40 Lot 2 on SP159155 35, 36, 40 and 41 Lot 205 on RP705614 19, 20 and 23 Lot 206 on RP705614 19 and 23 Lot 207 on RP705614 19 and 23 Lot 208 on RP705614 19 and 23 Lot 209 on RP705614 19 Lot 20 on N14821 34 Lot 20 on N14822 39 Lot 20 on N14839 39 Lot 20 on N14879 34 Lot 20 on RP705614 19 Lot 20 on SP136532 33 and 38 Lot 210 on RP705614 19 and 23 Lot 211 on RP705614 19 and 23 Lot 212 on RP705614 19 and 23 Lot 213 on RP705614 19 and 23 Lot 214 on RP705614 19 and 23 Lot 215 on RP705614 23 Lot 216 on RP705614 23 Lot 217 on RP705614 23 Lot 218 on RP705614 23 Lot 219 on RP705614 23 Lot 21 on N1481 35 Lot 21 on N14812 35 Lot 21 on N14819 30 and 31 Lot 21 on N14822 39 Lot 21 on N14839 39 Lot 21 on N14841 30 Lot 21 on N14849 34 Lot 21 on RP705614 19 Lot 21 on RP884163 39 Lot 21 on SP136532 38 and 39 Lot 220 on RP705614 23 Lot 221 on RP705614 23 Lot 222 on RP705614 23 Lot 223 on RP705614 23 Lot 224 on RP705614 20 and 23 Lot 225 on RP705614 19 and 23 Lot 226 on RP705614 19 and 23 Lot 227 on RP705614 19 and 23 Lot 228 on RP705614 18, 19 and 22 Lot 229 on RP705614 18 and 22 Lot 22 on N1481 35 Lot 22 on N14812 35 Lot 22 on N14819 30 and 31 Lot 22 on N14822 39 Lot 22 on N14841 30 Lot 22 on N14849 34 Lot 22 on RP705614 19 Lot 22 on SP136532 38 and 39 Lot 230 on RP705614 18 and 22 Lot 231 on RP705614 18 and 22 Lot 232 on RP705614 18 Lot 233 on RP705614 18 Lot 234 on RP705614 18 Lot 235 on RP705614 18 and 22 Lot 236 on RP705614 18 and 22 Lot 237 on RP705614 18 and 22 Lot 238 on RP705614 22 Lot 239 on RP705614 22 Lot 192 on N14851 40 and 43 Lot 23 on B15735 7 Lot 23 on N1481 35 Lot 23 on N14819 30 and 31 Lot 23 on N14822 39 Lot 23 on N14835 34 Lot 193 on N14851 40 and 43 Lot 23 on N14849 34 Lot 23 on RP705614 19 Lot 23 on SP136532 39 Lot 23 on SP161238 27 Lot 240 on RP705614 22 Lot 241 on RP705614 22 Lot 242 on RP705614 22 and 23 Lot 243 on RP705614 23 Lot 244 on RP705614 23 Lot 245 on RP705614 18 Lot 246 on RP705614 18 Lot 247 on RP705614 18 Lot 248 on RP705614 18 Lot 249 on RP705614 18 Lot 24 on N1481 35 Lot 24 on N14819 30 Lot 24 on N14822 39 Lot 24 on N14835 34 Lot 24 on N14839 39 Lot 195 on N14851 40 Lot 24 on N14849 34 Lot 24 on N14850 39 Lot 196 on N14851 40 Lot 24 on RP705614 19 Lot 24 on SP136532 38 and 39 Lot 250 on RP705614 17 and 18 Lot 251 on RP705614 17 Lot 252 on RP705614 17 Lot 253 on RP705614 17 Lot 254 on RP705614 17 Lot 255 on RP705614 17 and 21 Lot 256 on RP705614 17 and 21 Lot 257 on RP705614 17 and 21 Lot 258 on RP705614 17 and 21 Lot 259 on RP705614 17, 18, 21 and 22 Lot 25 on B15731 28 Lot 25 on N1481 35 Lot 25 on N14822 39 Lot 25 on N14835 34 Lot 25 on N14849 34 Lot 25 on N14850 39 Lot 21 on N14851 36 Lot 25 on RP705614 19 Lot 25 on SP136532 38 and 39 Lot 260 on RP705614 18 and 22 Lot 261 on RP705614 18 and 22 Lot 262 on RP705614 18 and 22 Lot 263 on RP705614 18 and 22 Lot 264 on RP705614 18 and 22 Lot 265 on RP705614 17 Lot 266 on RP705614 17 Lot 267 on RP705614 17 Lot 268 on RP705614 17 Lot 269 onRP705614 17 Lot 26 on N1481 35 Lot 26 on N14812 35 Lot 26 on N14819 30 Lot 26 on N14835 34 Lot 26 on N14839 39 Lot 26 on N14849 34 Lot 26 on N14850 39 Lot 26 on RP705614 19 Lot 26 on SP136532 38 Lot 270 on RP705614 17 Lot 271 on RP705614 17 Lot 272 on RP705614 17 Lot 273 on RP705614 16 and 17 Lot 274 on RP705614 16 Lot 275 on RP705614 16 Lot 276 on RP705614 16 Lot 277 on RP705614 16 Lot 278 on RP705614 16 Lot 279 on RP705614 16 Lot 27 on N1481 35 Lot 27 on N14812 35 Lot 27 on N14819 30 Lot 27 on N14835 34 Lot 27 on N14839 39 Lot 27 on N14849 34 Lot 27 on N14850 39 Lot 27 on RP705614 19 Lot 280 on RP705614 16 Lot 281 on RP705614 16 Lot 282 on RP705614 16 Lot 283 on RP705614 16 Lot 284 on RP705614 16, 17 and 21 Lot 285 on RP705614 17 and 21 Lot 286 on RP705614 17 and 21 Lot 287 on RP705614 17 and 21 Lot 288 on RP705614 17 and 21 Lot 289 onRP705614 17 and 21 Lot 28 on N1481 35 Lot 28 on N14812 35 Lot 28 on N14819 30 Lot 28 on N14822 39 and 40 Lot 28 on N14835 34 Lot 28 on N14839 39 Lot 28 on N14849 34 Lot 28 on N14850 39 Lot 28 on RP705614 19 Lot 290 on RP705614 17 and 21 Lot 291 on RP705614 17 and 21 Lot 292 on RP705614 17 and 21 Lot 293 on RP705614 23 Lot 294 on RP705614 23 Lot 295 on RP705614 23 Lot 296 on RP705614 23 Lot 297 on RP705614 23 Lot 298 on RP705614 23 Lot 299 on RP705614 23 Lot 29 on N1481 35 Lot 29 on N14812 35 and 40 Lot 29 on N14819 30 Lot 29 on N14822 39 and 40 Lot 29 on N14839 39 Lot 29 on N14849 34 Lot 29 on N14850 39 Lot 29 on RP705614 19 Lot 2 on B15780 55 Lot 2 on N14811 36 Lot 2 on N14821 34 Lot 2 on N14834 36 Lot 2 on SP280679 48 Lot 2 on N14838 35 Lot 2 on N14839 39 Lot 2 on RP703297 52 Lot 2 on RP705614 20 Lot 2 on RP723652 27 Lot 2 on RP734822 40 Lot 2 on RP736267 31 and 32 Lot 2 on SP119108 31 Lot 2 on SP136532 34 Lot 300 on RP705614 23 Lot 301 on N1481 36 Lot 301 on RP705614 23 Lot 302 on N1481 36 Lot 302 on RP705614 23 Lot 303 on N1481 36 Lot 303 on RP705614 23 Lot 304 on N1481 36 Lot 304 on RP705614 23 Lot 305 on N1481 36 Lot 305 on RP705614 23 Lot 306 on N1481 36 Lot 306 on RP705614 23 Lot 307 on N1481 36 Lot 307 on RP705614 23 Lot 308 on N1481 36 Lot 308 on RP705614 23 Lot 309 on N1481 36 Lot 309 on RP705614 23 Lot 30 on N1481 35 Lot 30 on N14812 35 and 40 Lot 30 on N14819 30 Lot 30 on N14822 39 and 40 Lot 30 on N14839 39 Lot 30 on N14849 34 Lot 30 on N14850 39 Lot 30 on RP705614 19 Lot 310 on N1481 36 Lot 310 on RP705614 23 Lot 311 on N1481 36 Lot 311 on RP705614 23 Lot 312 on N1481 36 Lot 312 on RP705614 23 Lot 313 on N1481 36 Lot 313 on RP705614 23 Lot 314 on N1481 36 Lot 314 on RP705614 23 Lot 315 on N1481 36 Lot 315 on RP705614 22 and 23 Lot 316 on RP705614 22 Lot 317 on RP705614 22 Lot 318 on RP705614 22 Lot 319 on RP705614 22 Lot 31 on N1481 35 Lot 31 on N14812 35 and 40 Lot 31 on N14819 30 Lot 31 on N14835 34 Lot 2 on N14841 30 and 35 Lot 31 on N14849 34 Lot 31 on N14850 39 Lot 31 on RP705614 19 Lot 320 on RP705614 22 Lot 321 on RP705614 22 Lot 322 on RP705614 22 Lot 323 on RP705614 22 Lot 324 on RP705614 22 Lot 325 on RP705614 22 Lot 326 on RP705614 22 Lot 327 on RP705614 22 Lot 328 on RP705614 22 Lot 329 on RP705614 22 Lot 39 on SP100080 39 Lot 32 on N1481 35 Lot 32 on N14812 40 Lot 32 on N14819 30 Lot 32 on N14822 39 Lot 32 on N14835 34 Lot 32 on N14850 39 Lot 32 on RP705614 19 Lot 32 on RP800556 25, 26, 27 and 28 Lot 330 on RP705614 22 and 23 Lot 331 on RP705614 23 Lot 332 on RP705614 23 Lot 333 on RP705614 22 Lot 334 on RP705614 22 Lot 335 on RP705614 22 Lot 336 on RP705614 22 Lot 337 on RP705614 22 Lot 338 on RP705614 21 and 22 Lot 339 on RP705614 21 Lot 33 on N1481 35 Lot 33 on N14812 35 and 40 Lot 33 on N14819 30 Lot 33 on N14822 39 Lot 33 on N14835 34 Lot 33 on N14850 39 Lot 33 on RP705614 19 Lot 340 on RP705614 21 Lot 341 on RP705614 21 Lot 342 on RP705614 21 Lot 343 on RP705614 21 Lot 344 on RP705614 21 Lot 345 on RP705614 21 Lot 346 on RP705614 21 Lot 347 on RP705614 21 and 22 Lot 348 on RP705614 21 and 22 Lot 349 on RP705614 22 Lot 34 on N14812 35 and 40 Lot 34 on N14822 39 Lot 34 on N14835 34 Lot 34 on N14850 39 Lot 34 on RP705614 19 Lot 350 on RP705614 22 Lot 351 on RP705614 22 Lot 352 on RP705614 22 Lot 353 on RP705614 21 Lot 354 on RP705614 21 Lot 355 on RP705614 21 Lot 356 on RP705614 21 Lot 357 on RP705614 21 Lot 358 on RP705614 21 Lot 359 on RP705614 21 Lot 1 on SP287785 36 Lot 35 N14812 35 Lot 35 on N14835 34 Lot 35 on N14850 39 Lot 35 on RP705614 19 Lot 360 on RP705614 16 and 21 Lot 361 on RP705614 16 Lot 362 on RP705614 16 Lot 363 on RP705614 16 Lot 364 on RP705614 16 Lot 365 on RP705614 16 and 21 Lot 366 on RP705614 21 Lot 367 on RP705614 21 Lot 368 on RP705614 21 Lot 369 on RP705614 21 Lot 1 on SP287785 36 Lot 36 on N14812 35 Lot 36 on N14819 30 Lot 36 on N14835 34 Lot 36 on N14850 39 Lot 36 on RP705614 19 Lot 370 on RP705614 21 Lot 371 on RP705614 21 Lot 372 on RP705614 21 Lot 373 on RP705614 16 Lot 374 on RP705614 16 Lot 375 on RP705614 16 Lot 377 on RP705614 16 Lot 378 on RP705614 16 Lot 379 on RP705614 16 Lot 37 on B15740 26 and 29 Lot 37 on N14812 35 Lot 37 on N14819 30 Lot 37 on N14822 39 Lot 37 on N14835 34 Lot 37 on N14850 39 Lot 37 on RP705614 19 Lot 380 on RP705614 16 Lot 381 on RP705614 16 Lot 382 on RP705614 16 Lot 383 on RP705614 16 Lot 384 on RP705614 16 Lot 386 on RP705614 16 Lot 387 on RP705614 16 Lot 388 on RP705614 16 Lot 389 on RP705614 16 Lot 38 on N14812 35 Lot 38 on N14819 30 Lot 38 on N14822 39 Lot 38 on N14835 34 Lot 38 on N14841 30 Lot 38 on N14850 39 Lot 38 on RP705614 19 and 20 Lot 390 on RP705614 16 Lot 391 on RP705614 23 Lot 392 on RP705614 23 Lot 393 on RP705614 23 Lot 394 on RP705614 23 Lot 395 on RP705614 23 Lot 396 on RP705614 23 Lot 397 on RP705614 23 Lot 398 on RP705614 23 Lot 399 on RP705614 23 Lot 39 on N14812 35 Lot 39 on N14822 39 Lot 39 on N14835 34 Lot 39 on N14841 30 Lot 39 on RP705614 20 Lot 3 on N14889 35 and 36 Lot 3 on N14819 31 Lot 3 on N14821 34 Lot 3 on N14824 34 Lot 3 on N14834 36 Lot 3 on N14838 35 Lot 3 on N14839 39 Lot 3 on N14841 30 Lot 3 on N14890 36 Lot 3 on NM87 50 and 55 Lot 3 on RP705614 19 and 20 Lot 3 on RP734822 40 Lot 3 on RP736267 32 Lot 3 on RP736268 32 Lot 3 on RP908322 36 Lot 3 on SP116583 39 and 40 Lot 3 on SP119108 31 Lot 3 on SP136532 34 Lot 3 on SP280699 48 Lot 400 on RP705614 23 Lot 401 on N1481 31 Lot 401 on RP705614 23 Lot 402 on N1481 31 and 36 Lot 402 on RP705614 23 Lot 403 on N1481 31 and 36 Lot 403 on RP705614 23 Lot 404 on RP705614 23 Lot 405 on N1481 36 Lot 405 on RP705614 23 Lot 406 on N1481 36 Lot 406 on RP705614 23 Lot 407 on N1481 36 Lot 407 on RP705614 23 Lot 408 on N1481 36 Lot 408 on RP705614 23 Lot 409 on RP705614 23 Lot 40 on N14812 35 Lot 40 on N14822 40 Lot 40 on N14835 34 Lot 40 on RP705614 20 Lot 410 on N1481 36 Lot 410 on RP705614 23 Lot 411 on N1481 36 Lot 411 on RP705614 23 Lot 412 on RP705614 23 Lot 413 on RP705614 22 and 23 Lot 414 on N1481 30, 31, 35 and 36 Lot 414 on RP705614 22 Lot 415 on RP705614 22 Lot 416 on RP705614 22 Lot 417 on RP705614 22 Lot 418 on RP705614 22 Lot 419 on RP705614 22 Lot 41 on N1481 35 Lot 41 on N14811 36 Lot 41 on N14835 34 Lot 41 on N14841 30 Lot 41 on N14849 34 Lot 41 on N14850 39 Lot 41 on N14851 36 and 41 Lot 41 on RP705614 19 Lot 420 on RP705614 22 Lot 421 on RP705614 22 Lot 422 on RP705614 22 Lot 423 on RP705614 22 Lot 424 on RP705614 22 Lot 425 on RP705614 22 Lot 426 on RP705614 22 Lot 427 on RP705614 22 Lot 428 on RP705614 22 Lot 429 on RP705614 22 and 23 Lot 42 on N1481 35 Lot 42 on N14811 36 Lot 42 on N14812 35 Lot 42 on N14833 31 Lot 42 on N14841 30 Lot 42 on N14849 34 Lot 42 on N14850 39 Lot 42 on RP705614 19 Lot 42 on SP218124 40 Lot 430 on RP705614 23 Lot 431 on RP705614 22 Lot 432 on RP705614 22 Lot 433 on RP705614 22 Lot 434 on RP705614 22 Lot 435 on RP705614 21 and 22 Lot 436 on RP705614 21 Lot 437 on RP705614 21 Lot 438 on RP705614 21 Lot 439 on RP705614 21 Lot 43 on B15743 4 Lot 43 on N1481 35 Lot 43 on N14811 36 Lot 43 on N14812 35 Lot 43 on N14841 30 Lot 43 on N14849 34 Lot 43 on N14850 39 Lot 43 on RP705614 19 Lot 43 on SP218124 40 Lot 440 on RP705614 21 Lot 441 on RP705614 21 Lot 442 on RP705614 21 Lot 443 on RP705614 21 Lot 444 on RP705614 21 Lot 445 on RP705614 21 Lot 446 on RP705614 21 and 22 Lot 447 on RP705614 22 Lot 448 on RP705614 22 Lot 449 on RP705614 22 Lot 44 on N14812 35 Lot 44 on N14841 30 Lot 44 on N14849 34 Lot 44 on NM35 27 and 28 Lot 44 on RP705614 19 Lot 450 on RP705614 22 Lot 453 on RP705614 21 Lot 454 on RP705614 21 Lot 455 on RP705614 21 Lot 456 on RP705614 21 Lot 457 on RP705614 21 Lot 458 on RP705614 16 and 21 Lot 459 on RP705614 16 Lot 45 on N14812 35 Lot 45 on N14833 31 Lot 45 on N14841 30 Lot 45 on RP705614 19 Lot 460 on RP705614 16 Lot 461 on RP705614 16 Lot 462 on RP705614 16 Lot 463 on RP705614 16 and 21 Lot 464 on RP705614 21 Lot 465 on RP705614 21 Lot 466 on RP705614 21 Lot 467 on RP705614 21 Lot 468 on RP705614 21 Lot 46 on N14812 35 Lot 46 on N14833 31 Lot 46 on N14850 39 and 40 Lot 46 on RP705614 19 Lot 471 on RP705614 16 Lot 472 on RP705614 16 Lot 473 on RP705614 16 Lot 474 on RP705614 16 Lot 475 on RP705614 16 Lot 476 on RP705614 16 Lot 477 on RP705614 16 Lot 478 on RP705614 16 Lot 479 on RP705614 16 Lot 47 on N14822 40 Lot 47 on RP705614 19 Lot 480 on RP705614 16 Lot 481 on RP705614 16 Lot 482 on RP705614 16 Lot 483 on RP705614 16 Lot 484 on RP705614 16 Lot 485 on RP705614 16 Lot 486 on RP705614 16 Lot 487 on RP705614 16 Lot 488 on RP705614 16 Lot 489 on RP705614 16 Lot 48 on N14822 40 Lot 48 on N14833 31 Lot 48 on RP705614 18 and 19 Lot 490 on RP705614 16 Lot 491 on RP705614 16 Lot 492 on RP711064 4, 16, 21, 22, 23 and 25 Lot 49 on N14812 35 Lot 49 on N14822 40 Lot 49 on N14839 39 Lot 49 on RP705614 18 and 19 Lot 4 on N14819 31 Lot 4 on N14821 34 Lot 4 on N14824 34 Lot 4 on N14834 36 Lot 4 on N14837 48 Lot 4 on N14838 35 Lot 4 on N14839 39 Lot 4 on N14841 30 Lot 4 on NM13 28 and 48 Lot 4 on RP705614 19 Lot 4 on RP736267 32 Lot 4 on RP736268 32 Lot 4 on SP116584 39 and 40 Lot 4 on SP136532 34 Lot 4 on SP159155 35 and 36 Lot 501 on N1481 36 Lot 502 on N1481 36 Lot 503 on N1481 36 Lot 504 on N1481 36 Lot 505 on N1481 36 Lot 506 on N1481 36 Lot 507 on N1481 36 Lot 508 on N1481 36 Lot 509 on N1481 36 Lot 50 on N14812 35 Lot 50 on N14822 40 Lot 50 on N14833 31 Lot 50 on N14839 39 Lot 50 on N14850 39 Lot 50 on RP705614 18 Lot 513 on N1481 36 Lot 51 on B15759 7 Lot 51 on N1481 35 Lot 51 on N14812 35 Lot 51 on N14833 31 Lot 51 on RP705614 18 Lot 52 on N1481 35 Lot 52 on N14812 35 Lot 52 on N14822 40 Lot 52 on N14833 31 Lot 52 on N14850 39 Lot 52 on RP705614 18 Lot 52 on SP218124 40 Lot 53 on N1481 35 Lot 53 on N14812 35 Lot 53 on N14833 31 Lot 53 on N14850 39 Lot 53 on RP705614 18 Lot 54 on N1481 35 Lot 54 on N14812 35 Lot 54 on N14833 31 Lot 54 on N14850 39 Lot 54 on RP705614 18 Lot 55 on N1481 35 Lot 55 on N14822 40 Lot 55 on N14833 31 Lot 55 on N14850 39 Lot 55 on RP705614 18 Lot 56 on N1481 35 That part of Lot 56 on CP908326 that was subject to historical Portions 56 on B15757 and 60 on B15766 25 Lot 56 on N14812 35 Lot 56 on N14822 40 Lot 56 on N14833 31 Lot 56 on N14841 30 Lot 56 on N14850 39 Lot 56 on RP705614 18 Lot 57 on B15757 25 Lot 57 on N1481 35 Lot 57 on N14812 35 Lot 57 on N14833 31 Lot 57 on N14841 30 Lot 57 on RP705614 18 Lot 58 on B15747 4 Lot 58 on N1481 35 Lot 58 on N14812 35 Lot 58 on N14822 40 Lot 58 on N14841 30 Lot 58 on RP705614 18 Lot 59 on B15747 4 Lot 59 on N14812 34 and 35 Lot 59 on N14822 40 Lot 59 on N14841 30 Lot 59 on RP705614 18 Lot 59 on RP851541 35 Lot 5 on N14821 34 Lot 5 on N14824 34 and 35 Lot 5 on N14833 32 Lot 5 on N14834 36 Lot 5 on N14837 48 Lot 5 on N14838 35 Lot 5 on N14839 39 Lot 5 on N14841 30 Lot 5 on RP705614 19 Lot 5 on RP736268 32 Lot 52 on SP171560 40 and 43 Lot 5 on SP119108 32 Lot 5 on SP136532 34 Lot 60 on N1481 35 Lot 60 on N14812 35 Lot 60 on N14822 40 Lot 60 on N14841 30 Lot 60 on RP705614 18 Lot 61 on N1481 35 Lot 61 on N14812 35 Lot 61 on N14822 40 Lot 61 on N14841 35 Lot 61 on N14846 46 Lot 61 on N14850 39 Lot 61 on RP705614 18 Lot 53 on SP218124 40 Lot 62 on B15747 25 Lot 62 on N1481 35 Lot 62 on N14812 35 Lot 62 on N14822 40 Lot 62 on N14841 35 Lot 62 on RP705614 18 Lot 63 on N1481 35 Lot 63 on N14812 35 Lot 63 on N14822 40 Lot 63 on RP705614 18 Lot 64 on N1481 35 Lot 64 on N14812 35 and 40 Lot 64 on N14841 30 and 35
Lot 64 on N14846 46 Lot 64 on RP705614 18 Lot 65 on N1481 35 Lot 65 on N14812 35 and 40 Lot 65 on N14841 30 and 35 Lot 65 on N14850 39 Lot 65 on RP705614 18 Lot 66 on B15755 27 Lot 66 on N14812 40 Lot 66 on N14822 40 Lot 66 onN14841 30 Lot 66 on N14850 39 Lot 66 on RP705614 18 Lot 67 on B15762 51 Lot 67 on N1481 35 Lot 67 on N14812 40 Lot 67 on N14822 40 Lot 67 on N14841 30 and 35 Lot 67 on RP705614 18 Lot 68 on N1481 35 Lot 68 on N14812 40 Lot 68 on N14822 40 Lot 68 on RP705614 18 Lot 69 on N1481 35 Lot 69 on N14812 40 Lot 69 on N14822 40 Lot 69 on RP705614 18 Lot 6 on N14821 34 Lot 6 on N14824 34 and 35 Lot 6 on N14833 32 Lot 6 on N14834 36 Lot 6 on N14837 48 Lot 6 onN14838 35 Lot 6 on N14839 39 Lot 6 on N14841 30 Lot 6 on N14878 39 Lot 6 on RP705614 19 Lot 6 on SP119108 32 Lot 6 on SP136532 34 Lot 701 on N1481 36 Lot 702 on N1481 36 Lot 703 on N1481 36 Lot 704 on RP898389 36 Lot 705 on N1481 36 Lot 706 on N1481 36 Lot 707 on N1481 36 Lot 708 on N1481 36 Lot 709 on N1481 36 Lot 70 on N1481 35 Lot 70 on N14812 40 Lot 70 on N14841 35 Lot 70 on RP705614 18 Lot 710 on N1481 36 Lot 711 on N1481 36 Lot 71 on N14841 35 Lot 71 on RP705614 18 Lot 72 on N14822 40 Lot 72 on RP705614 18 Lot 73 on B15767 25 Lot 73 on N14822 40 Lot 73 on N14833 32 Lot 73 on RP705614 18 and 19 Lot 74 on N14812 40 Lot 74 on N14822 40 Lot 74 on N14833 32 Lot 74 on RP705614 19 Lot 75 on N14812 40 Lot 75 on N14822 40 Lot 75 on NM26 27 and 28 Lot 75 on RP705614 19 Lot 76 on N14812 40 Lot 76 on N14822 40 Lot 76 on RP705614 19 Lot 5 on RP894182 34 and 35 Lot 76 on SP119108 32 Lot 77 on N14812 40 Lot 77 on N14822 40 Lot 77 on RP705614 19 Lot 77 on SP119108 31 and 32 Lot 78 on RP705614 19 Lot 79 on RP705614 19 Lot 7 on B15771 52 Lot 7 on N14819 31 Lot 7 on N14821 34 Lot 7 on N14824 34 and 35 Lot 7 on N14833 32 Lot 7 on N14838 35 Lot 7 on N14839 39 Lot 7 on N14841 30 Lot 7 on N14878 39 Lot 7 on RP705614 19 Lot 7 on SP136532 34 and 39 Lot 806 on N1481 35 Lot 807 on N1481 35 Lot 80 on N14851 41 Lot 80 on RP705614 19 Lot 81 on N14812 34 Lot 81 on N14822 40 Lot 81 on N14850 39 Lot 81 on N14851 40 Lot 81 on RP705614 18 Lot 82 on N14812 34 Lot 82 on N14822 40 Lot 82 on N14850 39 Lot 82 on N14851 40 Lot 82 on RP705614 18 Lot 83 on N14812 34 Lot 83 on N14822 40 Lot 83 on N14850 39 Lot 83 on N14851 40 and 41 Lot 83 on RP705614 18 Lot 84 on N14812 34 and 35 Lot 84 on N14822 40 Lot 84 on N14850 39 Lot 84 on RP705614 188 Lot 85 on SP311935 35 and 36 Lot 85 on N14822 40 Lot 85 on N14850 39 Lot 85 on RP705614 18 Lot 86 on N14822 40 Lot 86 on N14833 31 Lot 86 on N14850 39 Lot 86 on RP705614 18 Lot 5 on SP112907 38 and 39 Lot 87 on N14822 40 Lot 87 on N14833 31 Lot 87 on N14850 39 Lot 87 on RP705614 18 Lot 88 on N14812 35 Lot 88 on N14833 31 Lot 88 on N14850 39 Lot 88 on RP705614 18 Lot 89 on N14812 35 Lot 89 on N14833 31 Lot 89 on N14850 39 Lot 89 on RP705614 18 Lot 89 on RP898390 35 Lot 8 on N14819 30 and 31 Lot 8 on N14821 34 Lot 8 on N14833 32 Lot 8 on N14834 36 Lot 8 on N14838 35 Lot 8 on N14839 39 Lot 8 on NM808172 40 Lot 8 on RP705614 19 Lot 61 on SP218124 40 Lot 8 on SP136532 34 and 39 Lot 901 on N1481 35 Lot 902 on N1481 35 Lot 904 on N1481 35 Lot 905 on N1481 35 Lot 906 on N1481 35 Lot 90 on N14812 35 Lot 90 on N14850 39 Lot 90 on RP705614 18 Lot 90 on RP898390 35 Lot 910 on N1481 35 Lot 911 on N1481 35 Lot 912 on N1481 35 Lot 913 on N1481 35 Lot 914 on N1481 35 Lot 91 on N1481 35 Lot 91 on N14812 35 Lot 91 on N14846 46 and 48 Lot 91 on N14850 39 Lot 91 on RP705614 18 Lot 92 on N1481 35 Lot 92 on N14812 34 and 35 Lot 92 on N14833 31 Lot 92 on N14850 39 Lot 92 on N14851 40 and 41 Lot 92 on RP705614 18 Lot 93 on N14812 34 and 35 Lot 93 on N14833 31 Lot 93 on N14850 39 Lot 93 on RP705614 18 Lot 94 on N14812 34 and 35 Lot 94 on N14833 31 Lot 94 on N14850 39 Lot 94 on RP705614 17 and 18 Lot 95 on N14812 34 and 35 Lot 95 on N14833 31 Lot 95 on N14850 39 Lot 95 on RP705614 17 Lot 96 on N14812 34 Lot 96 on N14833 31 Lot 96 on N14850 39 Lot 96 on RP705614 17 Lot 97 on N14812 34 Lot 97 on N14833 31 Lot 97 on RP705614 17 Lot 98 on N14812 34 Lot 98 on N14833 31 Lot 98 on RP705614 17 Lot 62 on CP895505 39 Lot 99 on N1481 35 Lot 99 on N14812 34 Lot 99 on N14833 31 Lot 99 on N14851 40 Lot 99 on RP705614 17 Lot 9 on N14819 30 and 31 Lot 9 on N14821 34 Lot 9 on N14833 32 Lot 9 on N14834 36 Lot 9 on N14839 39 Lot 9 on N14841 30 Lot 9 on N14844 36 Lot 9 on N14886 40 Lot 9 on RP705614 19 Lot 9 on SP136532 34 and 39 Lot 62 on SP218124 40 Lot 74 on RP907232 35 and 36 Lot 75 on RP911678 36 Lot 78 on SP112905 40 Lot 79 on SP112905 40 Lot 80 on RP903569 34 and 35 Lot 86 on RP907232 35 and 36 Lot 8 on SP136522 39 Lot 999 on SP280674 25 Lot 9 on RP809898 39 Lot 127 on N1481 35 Lot 25 on N14812 35 Lot 404 on NM119 31 and 36 Lot 903 on N1481 35 Lot 907 on N1481 35 Lot 908 on N1481 35 Lot 2 on SP258869 40 Lot 54 on SP218124 40 Lot 55 on SP218124 40 Lot 56 on SP218124 40 Lot 59 on SP218124 40 Lot 60 on SP218124 40 Lot 100 on CP901156 36 Lot 101 on CP901156 36 Lot 102 on NM131 35 Lot 1 on NM112 56 Lot 1 on SK1 11 Lot 3 on N14892 35 and 36 Lot 416 on CP901181 36 Lot 44 on SP218124 40 Lot 45 on SP218124 40 Lot 6 on N14892 35 Lot 8 on N14876 35 and 36 Lot 87 on N14855 26 and 41 Lot 1 on SP258869 40 Lot 104 on SP249780 26 Lot 101 on N14851 40 Lot 102 on N14851 40 Lot 113 on N14851 40 Lot 114 on N14851 40 Lot 115 on N14851 40 Lot 116 on N14851 40 Lot 117 on N14851 40 Lot 129 on N14851 40 Lot 130 on N14851 40 Lot 175 on N14851 40 Lot 183 on N14851 40 Lot 199 on SP116566 26 Lot 200 on SP116566 26 Lot 20 on NM149 26 Lot 35 on N14822 39 Lot 36 on N14822 39 Lot 417 on CP901181 36 Lot 46 on SP218124 40 Lot 47 on SP218124 40 Lot 48 on SP218124 40 Lot 49 on SP218124 40 Lot 50 on SP218124 40 Lot 51 on SP218124 40 Lot 50 on CP901159 43 Lot 51 on CP901159 43 Lot 7 on N14837 48 Lot 82 on SP280698 48 Lot 9 on NM96 26 Lot 75 on N14850 39 Lot 76 on N14850 39 Lot 1 on AP4743 33 and 38 Lot 2 on N14893 39 Lot 103 on N14851 40 Lot 104 on N14851 40 Lot 105 on N14851 40 Lot 106 on N14851 40 Lot 107 on N14851 40 Lot 108 on N14851 40 Lot 109 on N14851 40 Lot 110 on N14851 40 Lot 111 on N14851 40 Lot 194 on N14851 40 and 43 Lot 10 on N14858 38 Lot 41 on N14839 38 Lot 42 on N14839 38 Lot 43 on N14839 38 and 39 Lot 44 on N14839 38 and 39 Lot 45 on N14839 38 and 39 Lot 46 on N14839 39 Lot 47 on N14839 39 Lot 48 on N14839 39 Lot 59 on N14839 38 Lot 60 on N14839 38 Lot 86 on N14854 44 Lot 1 on AP15764 44 Lot 2 on AP15764 44 Lot 1 on B14473 43 Lot 2 on N14846 44 Lot 3 on AP5106 43, 44 and 45 Lot 4 on AP5106 44 Lot D on AP22629 43 and 44 Lot 15 on N14844 36 Lot 16 on N14844 36 Lot 11 on SP116569 35
SCHEDULE 5 – AREAS NOT FORMING PART OF THE DETERMINATION AREA
The following areas of land and waters are excluded from the Determination Area:
1.The following areas were specifically excluded in the amended native title determination application filed on 18 August 2020 being:
(a)The following lots:
(i)Lot 4 on B14467;
(ii)Lot 21 on SP112712;
(iii)Lot 31 on SP112713;
(iv)Lot 32 on SP112713;
(v)Lot 33 on SP112713;
(vi)Lot 34 on SP112713;
(vii)Lot 41 on SP112714;
(viii)Lot 51 on SP112715;
(ix)Lot 52 on SP112715;
(x)Lot 4 on SP112914;
(xi)Lot 6 on SP112914;
(xii)Lot 9 on SP112914;
(xiii)Lot 29 on SP139310;
(b)Current Roads which are within the External Boundary but do not fall within the Southern Area;
(c)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; and
(d)Those land and waters within the External Boundary on which, at the time the native title determination application was made, were the subject of one or more Pre-existing Right Based Acts, within the meaning of s 24IB of the Native Title Act 1993 (Cth), which wholly extinguished native title, including but not limited to, the whole of the land and waters described as:
(i) Lot 1 on SP155683; and
(ii)that part of Lot 56 on CP908326 that was not subject to historical Portions 56 on B15757 and 60 on B15766.
2.Those land and waters which are the subject of one or more Previous Exclusive Possession Acts, within the meaning of s 23B(7) of the Native Title Act 1993 (Cth). Specifically, and to avoid any doubt, the land and waters on which any public work (excluding Current Roads), as defined in s 253 of the Native Title Act 1993 (Cth), which 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).
This paragraph only applies to Schedule 4 Parts 1 and 2. It does not apply to Schedule 4 Part 3.
SCHEDULE 6 – MAPS OF DETERMINATION AREA
REASONS FOR JUDGMENT
GRIFFITHS J:
Introduction
This proceeding concerns an application for a native title determination under s 61(1) of the Native Title Act1993 (Cth), made on behalf of the Gkuthaarn and Kukatj People (Gkuthaarn and Kukatj Claim). The application under consideration is the further amended application filed on 18 August 2020.
On 28 August 2020, the State of Queensland filed an agreement executed by all of the parties to the proceeding in accordance with s 87 of the Native Title Act, which recorded agreed terms for a determination of native title over the land and waters covered by the further amended application (the Determination). References to the paragraph numbers of the Determination in these reasons reflect minor formatting amendments made by the Court.
Paragraph 1 of the Determination defines the “Determination Area” as the land and waters described in Schedule 4 and depicted in the maps attached to Schedule 6, to the extent that those areas are within the designated external boundary and not otherwise excluded from Schedule 5. The land and waters comprising the Determination Area are divided into two categories:
(a)The first category consists of areas where native title exists (paragraph 2 of the Determination). Areas in this category are described in Parts 1 and 2 of Schedule 4.
(b)The second category consists of areas where native title does not exist (paragraph 3 of the Determination). Areas in this category are described in Part 3 of Schedule 4.
Both the applicant and the State filed written submissions in support of a consent determination of native title being made in the Determination Area. The applicant’s submissions focussed on why the Court should be satisfied that the native title rights and interests of the Gkuthaarn and Kukatj people should be determined to exist in the terms proposed. The State took no issue with the applicant’s submissions. The focus of the State’s submission was on the further category of areas contained in the agreement where a determination is sought that native title does not exist.
For the reasons that follow, the Court is satisfied that the orders sought are within power and appropriate to be made.
The Gkuthaarn and Kukatj Claim
The Determination Area covers approximately 16,500 square kilometres of land along the southern coastline of the Gulf of Carpentaria, bounded by the Norman River in the east and the Liechhardt River in the west. The Determination Area comprises coastal mangroves, wide coastal intertidal zones, native grasslands and savannah woodlands which now support an extensive pastoral industry. The Determination Area is bisected by the great Flinders River and Bynoe Rivers and a complex of waterways, creeks and waterholes of significance to all who make the southern Gulf region their home, particularly Gkuthaarn and Kukatj people. The area has a wet season from December to March and is mostly dry for the rest of the year. Its interior can be very arid.
The first visit to the area by Europeans was by the Dutch in 1606. The Gulf coastline and interior was explored by Leichhardt in the 1840s and visited by Burke and Wills who camped by the Bynoe River in 1861. Pastoralists and others came and established pastoral stations and the town of Normanton from the late 1860s onwards. Settlement of the area was a contested and often violent frontier for a long period of time severely impacting Gkuthaarn and Kukatj people.
The remote town of Normanton is the only residential hub within the Determination Area and it is where most of the Gkuthaarn and Kukatj claimants live. As shown by the statements made by elders of the claim group, the claim group, their families and forebears have occupied areas within and surrounding Normanton continuously since the town was established.
The Determination Area lies entirely within Carpentaria Shire Council which is based in Normanton.
Gkuthaarn and Kukatj people first sought recognition of their native title rights and interests within the Determination Area in proceedings lodged on 5 August 1996 (QUD6101/1998) in response to notice of the proposed grant of interests to Century Mine for the purposes of the Century Zinc Project. Two other claims responsive to proposed future acts were filed, QUD 6111/1998 on 15 November 1996 and NSD 6007 of 1999 on 21 May 1999. Each of these claims was later discontinued.
The initial application in this matter was filed on 28 November 2012 and allocated the proceeding number QUD685/2012. On 8 January 2019, orders were made requiring the creation of an electronic court file. On 11 January 2019, the electronic file was allocated the proceeding number QUD29/2019.
The claim has been developed with the support of the native title representative body for the region within which the Gkuthaarn and Kukatj Claim lies, the Carpentaria Land Council Aboriginal Corporation (CLCAC), and with the advice and assistance of their solicitor and counsel.
On 25 March 2013, the Gkuthaarn and Kukatj Claim passed the registration test and was notified by the Native Title Registrar from 19 June 2013 to 18 September 2013 in accordance with the processes set out under s 66 of the Native Title Act.
Parties
By the end of the notification period on 18 September 2013, persons who had provided Forms 5 within the notification period were joined as parties to the proceedings, including Carpentaria Shire Council, parties with pastoral interests within the Determination Area, Ergon Energy and Far North Queensland Ports Corporation Limited.
On 16 January 2014, the Commonwealth was joined as a party to the Gkuthaarn and Kukatj Claim.
On 7 November 2014, several persons with commercial fishing licences were joined as parties to the Gkuthaarn and Kukatj Claim.
The matters of concern to the commercial fishers were resolved by the terms set out in the Gkuthaarn and Kukatj People Commercial Fishers ILUA (Area Agreement QI2016/023) registered on 10 February 2017, which led to the commercial fishers’ withdrawal in 2017 as parties to the Gkuthaarn and Kukatj Claim.
The matters of concern to the Commonwealth were resolved by amendment of the description of the maritime boundary of the Gkuthaarn and Kukatj Claim by leave granted on 22 January 2018. Thereafter the Commonwealth has not been an active respondent.
Progress of the Gkuthaarn and Kukatj Claim
On 4 September 2017, programming orders were made for hearing certain separate questions in relation to the existence of native title in the Gkuthaarn and Kukatj Claim area.
On 22 January 2018, orders were made under s 66B without opposition that the original applicant be replaced by Phillip George and Leanne Edwards.
On 17 October 2018, programming orders were vacated and the Gkuthaarn and Kukatj Claim continued in case management by Registrar Stride with all active parties agreeing that the claim should be resolved by consent.
On 13 August 2020, leave to amend the Gkuthaarn and Kukatj Claim Form 1 was granted by consent, in order to align the contents of the Form 1 with the contents of the proposed consent determination.
At all times the engagement with the processes affecting the conduct of the proceedings has been through meetings open for all Gkuthaarn and Kukatj people to attend, held in Normanton with the attendance, assistance and advice of their legal representatives and with the support of CLCAC. Those meetings have been the source of support for the applicant from the other members of the claim group, when providing instructions regarding the conduct of the claim. These meetings have also been the means by which Gkuthaarn and Kukatj people have progressed and authorised the proposed resolution of the proceedings by consent.
Since the Gkuthaarn and Kukatj Claim was filed, the claimants have sought resolution of the proceedings by engaging with the various parties regarding matters of concern to them. Matters which required resolution in order for the proceedings to be resolved by consent have been addressed through a number of Indigenous Land Use Agreements (ILUAs) negotiated between various parties. The relevant ILUAs are the:
(a)Stanbroke ILUA (Area Agreement QI2018/027, reregistered on 7 May 2019);
(b)Ergon Energy ILUA (Area Agreement QI2020/001, registered on 5 June 2020;
(c)Tenure Resolution ILUA (QI2020/002, registered on 2 July 2020); and
(d)Carpentaria Shire Council ILUA (QI2020/003, registered on 2 July 2020).
Evidence filed in the proceeding
The applicant has provided extensive evidence to the State across the history of the claim, including:
(a)more than 30 affidavits from members of the claim group; and
(b)oral evidence from several witnesses at the on country evidence process held in Normanton on 18 to 21 July 2017 (which was conducted without the involvement of the Court).
With regard to expert evidence, prior to the listing of the matter for hearing which originally was to take place in late 2018, four anthropological reports by Dr Richard Martin and Professor David Trigger were provided to the State and active respondents in relation to the connection of the Gkuthaarn and Kukatj people to the Determination Area and their descent from the earliest known Gkuthaarn and Kukatj forebears.
In preparation of the matter for hearing, the following reports were filed:
(a)expert report for the purposes of a trial in the Gkuthaarn and Kukatj Peoples’ native title determination application QUD 685 of 2012 by Dr Richard Martin and Professor David Trigger, dated 23 April 2018; and
(b)Anthropological Assessment of Evidence Given by Hilda Toby by Dr Dee Gorring, dated 19 April 2018.
It is noted that Dr Gorring’s Report is subject to restrictions per the orders of Mortimer J made on 4 May 2018. Per order 2(f) of those orders, upon the conclusion of the proceedings no copy of the report may be retained by respondent parties in any form and must be returned deleted or destroyed.
On 25 July 2018, an expert report by Dr Kingsley Palmer was filed by the State and an expert report by Dr Brunton was filed on behalf of the Stanbroke pastoral parties.
On 27 and 28 August 2018, a joint conference of experts was convened and a report of that conference was filed on 21 September 2018.
With the benefit of that evidence, the State and active respondents formed the view that they could agree to the recognition of native title rights and interests over part of the area under claim. This led to vacation of the hearing, negotiation of the ILUAs listed above and agreement on the draft orders now proposed to the Court.
As noted above, on 28 August 2020 the parties filed a s 87 agreement containing the terms of the proposed Determination by which they seek to resolve the proceeding.
On 4 September 2020, the State filed the following affidavits:
(a)the affidavit of Peter Hutchison, Acting Director of Claims Resolution at the Land and Native Title Services in the Department of Natural Resources, Mines and Energy, affirmed on 3 September 2020 (Hutchison affidavit); and
(b)the affidavit of Kate Evelyn Marchesi, the lawyer with day-to-day carriage of this matter for the State, affirmed on 4 September 2020 (Marchesi affidavit).
These two affidavits will be referred to below where relevant in addressing the Determination sought that no native title exists over part of the Determination Area.
Section 225 of the Native Title Act
Section 225 of the Native Title Act lists certain matters which, as per s 94A, must be addressed when making a determination that native title exists. These matters are addressed in the Determination as follows:
(a)the description of the native title holders is set out at Schedule 1 (s 225(a));
(b)the nature and extent of the native title rights and interests are set out in paragraphs 5 and 6, and the areas in which those rights and interests are being recognised are described in Schedule 4, Parts 1 and 2 (s 225(b));
(c)the nature and extent of any other interests in the Determination Area are set out in Schedule 2 (s 225(c));
(d)the relationship between the native title rights and interests and any other interests in the Determination Area are set out in paragraph 11 (s 225(d)); and
(e)paragraph 8 of the Determination makes clear that the native title rights and interests referred to in paragraphs 5 and 6 do not confer possession, occupation, use or enjoyment to the exclusion of all others (s 225(e)).
Nomination of the prescribed body corporate
In compliance with ss 56 and s 57 of the Native Title Act, paragraph 12 of the Determination provides that the native title of Gkuthaarn and Kukatj people is not to be held on trust.
In compliance with s 57, paragraph 13 of the Determination provides that the Gkuthaarn and Kukatj Aboriginal Corporation (ICN: 8895) is to be the prescribed body corporate (PBC) to hold the native title of Gkuthaarn and Kukatj people as agent.
An affidavit by Ryan Ellis, solicitor for the applicant, sworn and filed on 23 July 2020 annexes at REE 1 the documents relevant to designation by the Court of the Gkuthaarn and Kukatj Aboriginal Corporation as the PBC. Schedule 1 of annexure REE 1 shows the nomination of the PBC by claimants in accordance with s 57(2)(a). Schedule 2 of annexure REE 1 shows the acceptance of the nomination by directors of the PBC.
The Court is satisfied that the Gkuthaarn and Kukatj Aboriginal Corporation is appropriately nominated and accepts its nomination to be the agent of the common law holders to perform the functions of a PBC in accordance with the Native Title Act and its relevant regulations.
Section 87 of the Native Title Act
Section 87 contains three preconditions to an exercise of power by the Court where the parties reach agreement about the recognition of native title:
(a)the lapse of the specified notification period under s 66 (s 87(1));
(b)that the parties have reached agreement on the terms of orders relating to the proceedings, and matters arising out of those terms (s 87(1)(a)); and
(c)that the parties have reduced their agreement to writing, the agreement has been signed by or on behalf of the parties, and it has been filed with the Court (s 87(1)(b)).
In relation to these criteria:
(a)the notification period of the Gkuthaarn and Kukatj claim ended on 18 September 2013;
(b)there is agreement between the parties about the terms of the orders that will resolve the proceedings; and
(c)that agreement has been reduced to writing and filed with the Court, in the form of the proposed orders and Determination.
However, before the Court can make such an order under s 87, it must be satisfied that:
(a)the orders as filed or proposed are “within the power of the Court” to make (s 87(1)(c)); and
(b)the orders as filed or proposed are “appropriate”(s 87(1A)).
In Freddie v Northern Territory [2017] FCA 867 from [12]-[24], Mortimer J reviewed the matters which must be present in order for the Court to be satisfied that the determination sought is within the power of the Court. Her Honour held that amongst the matters to be taken into consideration are some restrictions or requirements in the Native Title Act.
In that regard:
(a)there is no overlap with any other application for determination of native title (s 67(1));
(b)the proposed Determination Area is not the subject of a previously approved determination of native title (s 68);
(c)the Determination sought sets out the details of the matters required by s 225; and
(d)the orders concern rights and interests which the common law of Australia is able to recognise (s 223(1)(c)).
The Court’s function under s 87 differs from its function in a contested application for a determination of native title (see Lovett on behalf of the Gunditjmara People v State of Victoria [2007] FCA 474 at [36] per North J). In Lander v State of South Australia [2012] FCA 427 at [11], and by reference to Lovett, Mansfield J emphasised that the focus of the Court under s 87 is on the making of the agreement by the parties. Orders may be made under s 87 when the Court is not provided with all of the evidence of the primary facts substantiating native title where the Court is satisfied that the parties have freely and on an informed basis come to an agreement (see Hughes (on behalf of the Eastern Guruma People) v Western Australia [2007] FCA 365 per Bennett J at [9]; Ward v State of Western Australia [2006] FCA 1848 per North J at [8]; Tex on behalf of the Lappi Lappi and Ngulupi Claim Group v State of Western Australia [2018] FCA 1591 at [26] per Barker J).
The requirements of ss 87(1A) and 87(2) will be met where the Court is satisfied that the State, through competent legal representation, is satisfied as to the cogency of the evidence upon which the applicant relies. Generally this will not involve the Court making findings on the evidence on which the State relies but the Court might consider that evidence for the limited purpose of being satisfied that the State is acting in good faith and rationally (see Munn for and on behalf of the Gunggari People v State of Queensland [2001] FCA 1229; 115 FCR 109 at [29]-[30] per Emmett J; Lovett at [37] per North J and Minning on behalf the Untiri Pulka Claim Group v State of Western Australia [2020] FCA 1051 at [48] per Griffiths J).
The applicant and the State have been legally represented throughout the process of this application. The agreement has been reached with the benefit of the extensive evidence referred to above. The agreement has been reached on a free and informed basis, such that an order under s 87 of the Native Title Act in the terms proposed is appropriate (see Purdie on behalf of the Yurriyangem Taam Native Title Claim Group v State of Western Australia [2019] FCA 696 at [53] per Banks-Smith J).
Negative Determination
As submitted by the State, additional considerations arise where the Court is asked to make a determination that native title does not exist in relation to part of the Determination Area.
Areas in this category are described in Part 3 of Schedule 4 of the Determination and are comprised of:
(a)the Southern Area, being the area where the State did not consider that the evidence provided a credible basis upon which connection could be accepted, and in relation to which any native title has been surrendered under an indigenous land use agreement entered into by the applicant, the State, and the prescribed body corporate (Tenure Resolution ILUA);
(b)the balance of the areas where native title is said not to exist, being areas where the parties have agreed that native title has been extinguished, otherwise surrendered under the Tenure Resolution ILUA or else surrendered under an indigenous land use agreement entered into by the Applicant, certain respondents, and the State (Stanbroke ILUA).
a) Principles
In CG (Deceased) on behalf of the Badimia People v State of Western Australiaa [2016] FCAFC 67; 240 FCR 466 at [65]-[66] (per North, Mansfield, Jagot and Mortimer JJ, with whom Reeves J agreed at [85]), the Full Court confirmed that the Court has power under the Native Title Act to make a negative determination of native title in appropriate circumstances, if it is satisfied that no native title rights or interests exist in relation to a particular area. In that case, the Full Court was dealing with a scenario where the making of a negative determination was contested by the applicant for an unsuccessful native title determination application, after a full trial of connection issues.
In subsequent cases, where the Court has been called upon to determine whether it is appropriate to make a negative determination by consent under ss 87 or 87A of the Native Title Act, the following factors have been identified as being relevant to the exercise of the Court’s discretion (see Hill on behalf of the Yirendali People v State of Queensland [2017] FCA 273 per Reeves J) (Hill); Weribone on behalf of the Mandandanji People v State of Queensland [2018] FCA 247 per Rares J; Agius v State of South Australia (No 6) [2018] FCA 358 per Mortimer J and Anderson on behalf of the Mardigan People v State of Queensland [2019] FCA 2140 per Reeves J):
(a)that all parties have been represented by competent legal advisers;
(b)that following the notification of the application for a determination of native title under s 66 of the Native Title Act, no other indigenous persons or groups came forward to challenge the claim group’s alleged interests in the Determination Area;
(c)that there had historically been claims by other indigenous groups that partially overlapped relatively small parts of the Determination Area, but all such claims had been withdrawn, struck out or dismissed;
(d)that there had been claims by other groups in respect of areas that surrounded the Determination Area, some of which had resulted in determinations of native title;
(e)that the applicant and the State have each obtained the advice of experts and, in particular, experienced anthropologists, in putting forward the application for a consent determination under ss 87 or 87A;
(f)that the applicant and the State have agreed to, and had registered, an ILUA under which whatever native title existed in the Determination Area (or relevant part thereof) was surrendered in exchange for certain benefits;
(g)that both the applicant and the native title claim group have endorsed the decision not to pursue a contested determination of native title and to consent to a negative determination, or to a determination with both negative and positive parts; and
(h)that a negative determination will provide substantial certainty as to the land title status to all persons, including the State, with legal or equitable interests in the land and waters of the Determination Area. There is a real public benefit in finality of litigation and in the Court giving the public and the parties certainty in respect of rights to, and interests in, real property.
b) Application to this case
For the reasons that follow, the Court is satisfied that:
(a)there are no persons, or group of persons, who hold native title rights and interests in the Southern Area; and
(b)there are no persons, or group of persons, who hold native title rights and interests in the balance areas to be covered by the negative determination.
First, all parties to the s 87 agreement have been legally represented throughout the proceeding, and, in particular, during the course of the negotiations that produced the s 87 agreement. In the case of the applicant and the State, each has been represented by both solicitors and counsel with experience in native title litigation. Further, it is relevant that both the CLCAC (the representative body for the majority of the Determination Area), and Queensland South Native Title Services (a body funded under s 203FE(1) of the Native Title Act to perform the functions of a representative body for the balance of the Determination Area), are aware of the proposed negative determination and have taken no steps to oppose it.
Secondly, the s 61 application was filed on 28 November 2012 and the notification period ended on 18 September 2013. There have never been any indigenous respondents to the claim during the entire period that it has been on foot. Nor has the claim ever been subject to an overlapping claim (as discussed further below). Thus, no other indigenous persons or groups have come forward formally to assert native title rights and interests in the Determination Area in opposition to the assertions made in the application.
Thirdly, although there have historically been nine native title claims made over relatively small parts of the Determination Area, all such claims were withdrawn, dismissed or discontinued prior to the filing of the Gkuthaarn and Kukatj Claim. Three of the claims were brought on behalf of the Gkuthaarn people, or the Gkuthaarn and Kukatj people, over parcels of land in the northern half of the Determination Area in response to future act notices. The State filed detailed submissions regarding the balance of those historical claims, supported by the evidence provided in the Marchesi and Hutchison affidavits. In summary, no indigenous persons or groups other than the Gkuthaarn and Kukatj people have asserted any native title rights and interests in the Determination Area since 8 December 2009.
Fourthly, there have been six claims brought by other indigenous groups in respect of areas that surround the Gkuthaarn and Kukatj Determination Area and which have resulted in positive determinations of native title. There are also two extant native title claims in the vicinity of the Determination Area (Kurtijar People (QUD483/2015) and Mitakoodi People #5 (QUD556/2015). Significantly, each of the above claims was instigated at a point in time when the Gkuthaarn and Kutaj Claim was already on foot, but neither sought to include any portion of the Gkuthaarn and Kutaj Determination Area. Further, as mentioned earlier, there have never been any indigenous respondents to the Gkuthaarn and Kutaj Claim, such that no members of the claim groups for the Kurtijar People or Mitakoodi People #5 claims have sought to assert any rights and interests in the Determination Area.
Fifthly, as summarised above, the applicant and the State each obtained and filed reports from expert anthropologists with significant experience in native title. There was a significant difference in the experts’ evidence as to whether the applicant could prove that the claim group had any native title rights and interests at all in those parts of the Determination Area designated as Augustus Country, Donors Hill Country, and Wondoola Country (in aggregate, the Southern Area).
Sixthly, the applicant and the State have entered into a Tenure Resolution ILUA, the terms of which were negotiated over a period of approximately 12 months. The ILUA was registered on 2 July 2020 and provides, inter alia, for the surrender of any native title rights and interests in the Southern Area upon registration. The Tenure Resolution ILUA also provides a number of other outcomes, which are not necessary to summarise here.
In Hill at [25] Reeves J regarded the existence of such an agreement as “a highly relevant factor” in exercising the discretion to make a negative determination, citing the following observations of Branson J in Kelly on behalf of the Byron Bay Bundjalung People v New South Wales Aboriginal Land Council [2001] FCA 1479 at [19]:
Section 24EA of the [NTA] gives contractual effect to an agreement entered on the Register of Indigenous Land Use Agreements. It also provides that all persons holding native title in relation to the land in the area covered by the agreement, who are not already parties to the agreement, are bound by the agreement in the same way as the registered native title bodies corporate or the native title group, as the case may be. In the circumstances I am satisfied that it is within the power of the Court now to order that native title does not exist in the land the subject of this proceeding. That is because the State Minister has, pursuant to a valid and binding agreement, accepted the surrender of any native title that may have previously existed in the land.
In addition to the Tenure Resolution ILUA, the applicant has also entered into the Stanbroke ILUA with certain respondents and with the State, under which, inter alia, native title was surrendered over parcels of land within the Determination Area in which those respondents have an interest.
Seventhly, it may be inferred from the registration of the Tenure Resolution ILUA and the Stanbroke ILUA that the Gkuthaarn and Kukatj claimants authorised the surrender of native title rights and interests under those ILUAs in exchange for the respective benefits provided, and in preference to pursuing a contested determination of native title. That is reinforced by the applicant’s submission, as summarised above, that at all times the engagement by the claimants with the processes affecting the conduct of the proceedings has been by Gkuthaarn and Kukatj people attending meetings open to all Gkuthaarn and Kukatj people to attend, held in Normanton with the attendance, assistance and advice of their legal representatives and with the support of the CLCAC. These meetings have been the means by which the claimants have progressed and authorised the proposed resolution of the proceedings by consent (which necessarily includes the negative determination).
Finally, the negative determination will provide the public and the parties with certainty in respect of rights to, and interests in, real property in the Determination Area. That is even more so the case because, in addition to areas where any native title has been surrendered, the negative determination will include those parcels of land where the parties have agreed that native title has been extinguished by the grant of rights to others or by the establishment or construction of public works.
CONCLUSION
The Court accepts the parties’ submissions, as summarised above. The terms of the Determination, positive and negative, reflect a negotiated outcome, freely entered into by all parties on an informed basis that forms part of a settlement package directed to resolving native title issues in the Determination Area.
For the reasons above, the Court is satisfied the orders sought under s 87 of the Native Title Act are within power and appropriate to be made.
I certify that the preceding sixty-four (64) numbered paragraphs are a true copy of the Reasons for Judgment of the Honourable Justice Griffiths. Associate:
Dated: 29 September 2020
SCHEDULE OF PARTIES
QUD 29 of 2019 Respondents
COMMONWEALTH OF AUSTRALIA
CARPENTARIA SHIRE COUNCIL
ERGON ENERGY CORPORATION LIMITED ACN 087 646 062
FAR NORTH QUEENSLAND PORTS CORPORATION LIMITED (TRADING AS PORTS NORTH) ACN 131 836 014
GEOFFREY CHARLES FRY
ASHLEY THOMAS JAMES GALLAGHER
CALVIN EDWARD GALLAGHER
EDWARD MICHAEL GALLAGHER
NOLA JUNE GALLAGHER
TROY PATRICK GALLAGHER
GAMBAMORA INDUSTRIES PTY LTD ACN 009 941 173
JUDITH ELLEN HESLIN
ALISTER ROBERT MCCLYMONT
JOANNE THERESE MCCLYMONT
MDH PTY LTD ACN 010 114 468
MAREA SELLINGS
MELVILLE SELLINGS
ALAN JAMES WEBBER
WONDOOLA PTY LTD ACN 009 736 805
CENTURY MINING LIMITED (FORMERLY KNOWN AS MMG CENTURY LIMITED) ABN 59 006 670 300
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