2FEDERAL COURT OF AUSTRALIA
Gilla on behalf of the Yugunga-Nya People v State of Western Australia (No 3) [2021] FCA 1338
File number: WAD 29 of 2019 Judgment of: BANKS-SMITH J Date of judgment: 2 November 2021 Catchwords: NATIVE TITLE - consent determination of native title - agreement of parties - requirements of 87A of the Native Title Act 1993 (Cth) satisfied - appropriate to make orders Legislation: Native Title Act 1993 (Cth) ss 47A, 47B, 55, 56, 61, 66, 87, 87A, 223, 225, 251B Cases cited: Billy Patch on behalf of the Birriliburu People v State of Western Australia [2008] FCA 944
Brown (on behalf of the Ngarla People) v State of Western Australia [2007] FCA 1025
Brown v State of South Australia [2009] FCA 206
Butchulla People v State of Queensland [2006] FCA 1063; (2006) 154 FCR 233
Gilla on behalf of the Yugunga-Nya People v State of Western Australia (No 2) [2021] FCA 1174
Gomeroi People v Attorney-General of New South Wales [2016] FCAFC 75; (2016) 241 FCR 301
Hughes (on behalf of the Eastern Guruma People) v State of Western Australia [2007] FCA 365
Lota Warria on behalf of the Poruma and Masig Peoples v State of Queensland [2005] FCA 1117
Lyndon on behalf of the Budina 2 Claim Group v State of Western Australia [2021] FCA 134
O'Connor on behalf of the Palyku People v State of Western Australia [2019] FCA 330
Ward v State of Western Australia [2006] FCA 1848
Watson on behalf of the Nyikina Mangala People v State of Western Australia (No 6) [2014] FCA 545
Western Bundjalung People v Attorney General of New South Wales [2017] FCA 992
Division: General Division Registry: Western Australia National Practice Area: Native Title Number of paragraphs: 51 Date of hearing: Determined on the papers Solicitor for the Applicant: Mr S Hegney of Sam Hegney Solicitors Solicitor for the State of Western Australia: Mr PJW Ramsay of the State Solicitor's Office Solicitor for the Commonwealth of Australia: Ms S Davis of the Australian Government Solicitor Solicitor for the Pastoral Respondents: Ms BM Waugh of Cornerstone Legal Representative for the Shire of Mount Magnet: Chief Executive Officer of the Shire of Mount Magnet Solicitor for the Shire of Meekatharra: Ms L Barnett of Squire Patton Boggs Solicitor for Telstra Corporation Limited: Mr SE Singleton of King & Wood Mallesons Solicitor for Sandfire Resources Limited: Ms K Perincek of DLA Piper Australia Table of Contents
Orders
1 - 3
Attachment A: Determination
4 - 7
Schedule One: Determination Area
8 - 18
Schedule Two: Maps of the Determination Area
19 - 52
Schedule Three: Exclusive Areas
53 - 54
Schedule Four: Areas where native title does not exist
55 - 78
Schedule Five: Areas to which sections 47A and 47B of the Native Title Act apply
79 - 80
Schedule Six: Other Interests
81 - 97
Schedule Seven: Native Title Holders
98
Reasons for Judgment
99 - 112
ORDERS
WAD 29 of 2019 BETWEEN: EVELYN GILLA, WILLIAM 'BILL' SHAY, LEONIE GENTLE, RUSSELL LITTLE, AUDREY SHAR, TROY LITTLE, ROBYN KELLY, ELAINE KING, NATHANIEL BANN AND LEONARD BARNARD
Applicant
AND: STATE OF WESTERN AUSTRALIA
(and others named in the Schedule)Respondent
ORDER MADE BY:
BANKS-SMITH J
DATE OF ORDER:
2 NOVEMBER 2021
THE COURT NOTES THAT:
A.The Applicant in this proceeding WAD 29 of 2019 has made a native title determination application (Yugunga-Nya Application).
B.The Applicant in the Yugunga-Nya Application (Applicant), the State of Western Australia and the other Respondents to the Yugunga-Nya Application (the parties) have reached an agreement as to the terms of the determination that is to be made in relation to part of the land and waters covered by the Yugunga-Nya Application (the Determination Area). The external boundaries of the Determination Area are described in Schedule One to the Determination.
C.The parties have agreed that, in respect of the balance of the land and waters the subject of the Yugunga-Nya Application (Yugunga-Nya Part B), no determination is to be made at present. Yugunga-Nya Part B comprises portions of the Yugunga-Nya Application that are currently unallocated Crown land (some of which were not unallocated Crown land at the time the application was made), the portion of the application wholly overlapped by the Gingirana #4 native title determination application (WAD 230 of 2020), the Karbar Pastoral Lease area (which was not held for the benefit of Aboriginal people at the time the application was made but now is), and 10 freehold titles that are invalid insofar as they affect native title and which are proposed to be validated pursuant to an indigenous land use agreement.
D.A new native title determination application will be filed over the Yugunga-Nya Part B area or part thereof so the Yugunga-Nya Applicant can obtain the benefit of s 47A and s 47B of the Native Title Act 1993 (Cth) (Native Title Act) and have native title rights of exclusive possession recognised over relevant areas.
E.Pursuant to s 87A(1)(d), (2) and (4) of the Native Title Act, the parties have filed with the Court a Minute of Proposed Consent Determination of Native Title setting out the terms of the agreement reached by the parties in relation to the Yugunga‑Nya Application.
F.The terms of the agreement involve the making of consent orders for a determination pursuant to s 87A and s 94A of the Native Title Act that native title exists in relation to the land and waters of the Determination Area.
G.The terms of the agreement also involve the making of consent orders for a determination pursuant to s 87A and s 94A of the Native Title Act that native title does not exist in relation to some parts of the land and waters of the Determination Area.
H.The parties acknowledge that the effect of making of the determination is that the members of the native title claim group, in accordance with the traditional laws acknowledged and the traditional customs observed by them, will be recognised as the native title holders for the Determination Area as set out in the determination.
I.The Applicant has nominated the Yugunga-Nya Native Title Aboriginal Corporation pursuant to s 56(2)(a) of the Native Title Act to hold the determined native title in trust for the native title holders.
J.The Yugunga-Nya Native Title Aboriginal Corporation has consented in writing to hold the rights and interests comprising the native title in trust for the native title holders.
BEING SATISFIED that a determination of native title in the terms set out in Attachment A is within the power of the Court and, it appearing to the Court appropriate to do so, pursuant to s 87A and s 94A of the Native Title Act and by the consent of the parties:
THE COURT ORDERS THAT:
1.In relation to the Determination Area, there be a determination of native title in WAD 29 of 2019 in the terms provided for in Attachment A.
2.The Yugunga-Nya Native Title Aboriginal Corporation shall hold the determined native title in trust for the native title holders pursuant to s 56(2)(b) of the Native Title Act 1993 (Cth).
3.There be no order as to costs.
Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
ATTACHMENT A
DETERMINATION
THE COURT ORDERS, DECLARES AND DETERMINES THAT:
Existence of native title (s 225 Native Title Act)
1.Subject to paragraph 2, native title exists in the Determination Area in the manner set out in paragraphs 4 and 5 of this determination.
2.Native title does not exist in those parts of the Determination Area set out in Schedule Four.
Native title holders (s 225(a) Native Title Act)
3.The native title in the Determination Area is held by the Native Title Holders as identified in Schedule Seven.
Nature and extent of native title rights and interests and exclusiveness of native title (s 225(b) and s 225(e) Native Title Act)
Exclusive rights and interests
4.Subject to paragraph 6, the nature and extent of the native title rights and interests in relation to the Exclusive Area are the right to possession, occupation, use and enjoyment of the Exclusive Area to the exclusion of all others.
Non-exclusive rights and interests
5.Subject to paragraphs 6 and 7, the nature and extent of the native title rights and interests in relation to the Non-Exclusive Area are that they confer non-exclusive rights to:
(a) access, remain in and use that area;
(b) access and take the resources in that area; and
(c) protect places, areas and things of traditional significance in that area.
Qualifications on the native title rights and interests
6.Notwithstanding anything in this determination, the native title rights and interests set out in paragraphs 4 and 5:
(a) are subject to and exercisable in accordance with:
(i)the traditional laws and customs of the Native Title Holders; and
(ii)the laws of the State and the Commonwealth, including the common law.
(b)do not confer exclusive rights in relation to water in any watercourse, wetland or underground water source as is defined in the Rights in Water and Irrigation Act 1914 (WA); and
(c)do not confer any rights in relation to:
(i)minerals as defined in the Mining Act 1904 (WA) (repealed) and in the Mining Act 1978 (WA), except to the extent that ochre is not a mineral pursuant to the Mining Act 1904 (WA);
(ii)petroleum as defined in the Petroleum Act 1936 (WA) (repealed) and in the Petroleum and Geothermal Energy Resources Act 1967 (WA);
(iii)geothermal energy resources and geothermal energy as defined in the Petroleum and Geothermal Energy Resources Act 1967 (WA); or
(iv)water lawfully captured by the holders of the Other Interests pursuant to those Other Interests.
7. The native title rights and interests set out in paragraph 5 do not confer:
(a)possession, occupation, use and enjoyment on the Native Title Holders to the exclusion of all others; or
(b)a right to control the access to, or use of, the Non-Exclusive Area or its resources.
Areas to which s 47A or s 47B of the Native Title Act apply
8.Section 47A and s 47B of the Native Title Act apply to disregard any prior extinguishment in relation to those parts of the Determination Area identified in Schedule Five.
The nature and extent of any Other Interests
9.The nature and extent of the Other Interests are described in Schedule Six.
Relationship between native title rights and Other Interests
10.Except as otherwise provided for by law, the relationship between the native title rights and interests described in paragraphs 4 and 5 and the Other Interests is that:
(a)the determination does not affect the validity of those Other Interests;
(b)to the extent that any of the Other Interests are inconsistent with the continued existence, enjoyment or exercise of the native title rights and interests, the native title rights and interests continue to exist in their entirety, but the native title rights and interests have no effect in relation to the Other Interests to the extent of the inconsistency during the currency of the Other Interests; and otherwise,
(c)the existence and exercise of the native title rights and interests do not prevent the doing of any activity required or permitted to be done by or under the Other Interests, and the Other Interests (and the doing of any activity required or permitted to be done by or under the Other Interests), prevail over the native title rights and interests and any exercise of the native title rights and interests but do not extinguish them.
Definitions and Interpretation
11. In this determination, unless the contrary intention appears:
'Determination Area' means the land and waters described in Schedule One and depicted on the maps in Schedule Two;
'Exclusive Area' means those lands and waters of the Determination Area described in Schedule Three (which areas are shaded green on the maps in Schedule Two);
'Native Title Holders' means the people described in Schedule Seven and referred to in paragraph 3;
'Native Title Act' means the Native Title Act 1993 (Cth);
'Non-Exclusive Area' means those lands and waters of the Determination Area which are not Exclusive Areas or described in paragraph 2 as an area where native title does not exist (which areas are shaded yellow on the maps in Schedule Two);
'Other Interests' means the legal or equitable estates or interests and other rights in relation to the Determination Area described in Schedule Six and referred to in paragraph 9;
'resources' means flora, fauna, and other natural resources such as charcoal, stone, soil, sand, clay, gravel, timber, resin and ochre (except, for the avoidance of doubt, ochres for use in the manufacture of porcelain, fine pottery or pigments which are minerals pursuant the Mining Act 1904 (WA) (repealed));
'Titles Validation Act' means the Titles (Validation) and Native Title (Effect of Past Acts) Act 1995 (WA).
12.In the event of any inconsistency between the written description of an area in Schedule One, Three, Four, Five or Six and the area depicted on the maps in Schedule Two, the written description prevails.
SCHEDULE ONE
DETERMINATION AREA
The Determination Area, generally shown as bordered in blue on the maps in Schedule Two, comprises all land and waters bounded by the following description:EXTERNAL BOUNDARY DESCRIPTION
All those lands and waters commencing at Latitude 25.834935 South, Longitude 118.979625 East being a point on the present boundary of Native Title Determination WAD6033/1998 Wajarri Yamatji Part A (WCD2017/007) and extending generally southwesterly, generally westerly and again generally southwesterly along the boundary of that native title determination to a corner on the northern boundary of Native Title Determination WAD6123/1998 Badimia People (WCD2015/001), further described as:
Then southwesterly to a western side of Road Number 2854, being the original alignment of Great Northern Highway (former alignment before road widenings) at Latitude 26.165366 South; then southerly and generally southwesterly along western sides of Road Number 2854 to the intersection with a northwestern boundary of Lot 500 as shown on Deposited Plan 406913; then generally southwesterly along boundaries of that lot again to a western side of Road Number 2854; then generally southwesterly along western sides of Road Number 2854 and Road Number 703 to a northern boundary of the Meekatharra Townsite boundary; then northwesterly and generally southwesterly along boundaries of that townsite to an intersection with the northwestern boundary of a Lot 1031 on Deposited Plan 218692 at approximate Latitude 26.601406 South; then southerly across that lot to an intersection with the western side of Road Number 703, being the original alignment of Great Northern Highway (former alignment before road widenings) at Latitude 26.602045 South; then generally southwesterly along western sides of Road Number 703 to a northern corner of Lot 274 as shown on Deposited Plan 218692; then southwesterly along the western boundary of that lot to again a western side of Road Number 703; then generally southwesterly along sides of that road to a northern boundary of Pastoral Lease N050578 (Annean) at approximate Longitude 118.435112 East; then easterly, southerly, westerly, generally southwesterly and northwesterly along boundaries of that pastoral lease to its intersection with an eastern side of Road Number 703 at approximate Longitude 118.397087 East; then generally southwesterly along eastern sides of Road Number 703 to an eastern boundary of Pastoral Lease N050578 (Annean); then southerly, easterly, again southerly, westerly, generally southerly and generally southwesterly along boundaries of that pastoral lease to its intersection with an eastern boundary of Pastoral Lease N050577 (Annean); then southerly and westerly along boundaries of that pastoral lease to an eastern side of Road Number 457, then generally southwesterly along sides of Road Number 457 to a northern boundary of Pastoral Lease N050576 (Annean); then westerly to a southeastern corner of Pastoral Lease N050577 (Annean); then generally westerly and southerly along boundaries of that pastoral lease to its intersection with an eastern boundary of Reserve 10367 (Wandry Springs Cue Stock Route); then south along the prolongation southerly of the eastern boundary of Pastoral Lease N050577 (Annean) to the prolongation east of the southern boundary of the southwestern severance of that pastoral lease at approximate Latitude 27.043457 South, Longitude 117.983824 East; then westerly to the southernmost south eastern corner of the south western severance of Pastoral Lease N050577 (Annean); then southwesterly to the northernmost corner of Cue Townsite; then southwesterly along the northwestern boundary of that townsite to its westernmost corner; then southwesterly to Latitude 27.579253 South, Longitude 117.685671 East, being a point on the northern boundary of Native Title Determination WAD6123/1998 Badimia People (WCD2015/001);
Then generally southeasterly along the northern boundary of that native title determination to Latitude 27.878925 South, Longitude 118.941345 East; then southeasterly to a eastern side of Road Number 4274 at Latitude 27.879005 South; then generally northeasterly along the eastern boundary of Road Number 4274 to Latitude 26.826718 South; then northeasterly to the intersection of the eastern boundary of Road Number 4274 with Latitude 26.820668 South; then again generally northeasterly along the eastern boundary of Road Number 4274 to the intersection with a southern boundary of Road Number 7583 (Goldfields Highway) being a point on the present boundary of Native Title Determination WAD6164/1998 Wiluna (Combined) (WCD2013/004); then generally northeasterly, generally northerly, easterly and northerly along the boundaries of that native title determination to the intersection with a southwestern corner of Native Title Determination WAD6002/2003 Gingirana (WCD2017/011); then northerly, generally westerly and generally southwesterly along the boundaries of that native title determination to the intersection with a southeastern boundary of Native Title Determination WAD72/1998 Nharnuwangga Wajarri and Ngarlawangga (Area 1) (WCD2000/001); then generally southwesterly along the boundaries of that native title determination to the intersection with a northern boundary of Lot 36 as shown on Deposited Plan 238583 at Longitude 119.078725 East; then generally southwesterly through the following coordinate points:
LATITUDE (SOUTH)
LONGITUDE (EAST)
25.808731
119.071605
25.815082
119.048805
25.826272
119.019055
25.832553
118.998216
Then southwesterly to a western boundary of Lot 36 as shown on Deposited Plan 238583 at Latitude 25.832988 South being a point on the present boundary of Native Title Determination WAD72/1998 Nharnuwangga Wajarri and Ngarlawangga (Area 1) (WCD2000/001); then southwesterly along the boundary of that native title determination to Latitude 25.834773 South, Longitude 118.988426 East; then westerly back to the commencement point.
EXCLUSIONS
All the lands and waters within the parcels identified below are excluded to the extent they fall within the WAD29/2019 Yugunga-Nya Part A External Boundary:Exclusion 1
·All those lands and waters comprising Native Title Application WAD230/2020 Gingirana #4 (WC2020/003) as filed in the Federal Court on the 6th October 2020.
Exclusion 2
·UCL 795, 796 and 797 - All that Unallocated Crown Land comprising Lot 36 as shown on Deposited Plan 238583.
·UCL 819 and 820 - All that Unallocated Crown Land comprising Lot 11 as shown on Deposited Plan 238583.
·UCL 824, 825 and 826 - All that Unallocated Crown Land comprising Lot 143 as shown on Deposited Plan 238583.
Exclusion 3
·All that land comprising Pastoral Lease N050049 (Karbar).
Exclusion 4
·UCL 140 - All that Unallocated Crown Land parcel surrounded by Pastoral Lease N049924 (Sherwood) with an approximate centroid of Latitude 26.610220 South, Longitude 118.737790 East.
Exclusion 5
·UCL 882 - All that land comprising Lot 221 as shown on Deposited Plan 194443.
Exclusion 6
·UCL 115 - All that Unallocated Crown Land parcel bound to the south, west and the north by Pastoral Lease N049488 (Murchison Downs), also bound to the north by Lot 143 as shown on Deposited Plan 238583, bound to the east by Pastoral Lease N049804 (Paroo) and bound to the southeast by Crown Reserve 29839 with an approximate centroid of Latitude 26.686681 South, Longitude 119.403937 East.
Exclusion 7
All that land identified below to the extent it is not within the external boundary of Mining Lease M20/10, M20/18, M20/201, M20/233, M20/235, M20/288, M20/293, M20/295 or M20/296 (as defined by Department of Mines, Industry Regulation and Safety as at 29th October 1999) or Historical Closed Road, (part of Hicks Street, Fienburg Street and surveyed ways), as described in Government Gazette 08/04/1988 page 1111:·UCL 24 - All that Unallocated Crown Land parcel bound to the northwest by Unallocated Crown Land (previously Cue - Nannine Railway by Government Gazette 27/10/1896) and Lots 573, 574 and 624 as shown on Deposited Plan 216985, bound to the northeast and southeast by Lot 301 as shown on Deposited Plan 65923 and bound to the southwest by Dedicated Road (Livingstone Street) as shown on Deposited Plan 91494, Crown Reserve 6749 and Lots 255, 263, 264, 265 and Dedicated Road (Hill Street, McLean Street, Trigg Street and Threadgold Streets) as shown on Deposited Plan 254227 with an approximate centroid of Latitude 27.423121 South, Longitude 117.907587 East.
·UCL 25 - All that Unallocated Crown Land parcel bound to the southwest, northwest and northeast by Lots 208 and 218 as shown on Deposited Plan 222350, Lot 633 as shown on Deposited Plan 194379 and Dedicated Road (Marshall Street, Kinsella Street, Dundee Street, Derwent Street and Darlot Street) as shown on Deposited Plan 222350 and bound to the southeast by Lot 301 as shown on Deposited Plan 65923 with an approximate centroid of Latitude 27.429400 South, Longitude 117.900900 East.
·UCL 29 - All that Unallocated Crown Land parcel bound to southwest by Dedicated Road (Marshall Street) as shown on Deposited Plan 222349, bound to the northwest by Lot 1 on Plan 1001, bound to northeast by Lot 22 as shown on Deposited Plan 222349 and bound to the southeast by Lot 3 on Plan 1001 with an approximate centroid of Latitude 27.425249 South, Longitude 117.894470 East.
·UCL 30 - All that Unallocated Crown Land parcel bound to the east by Dedicated Road No. 8483 and bound to the northeast, northwest and southwest by Dedicated Road (Livingstone Street, Railway Street and Salisbury Street) as shown on Deposited Plan 222350 with an approximate centroid of Latitude 27.424824 South, Longitude 117.902821 East.
·UCL 31 - All that Unallocated Crown Land parcel bound to the west by Dedicated Road No. 8483 and bound to the northeast and southeast by Dedicated Road (Livingstone Street and Kinsella Street) as shown on Deposited Plan 222350 with an approximate centroid of Latitude 27.425016 South, Longitude 117.903366 East.
·UCL 32 - All that Unallocated Crown Land parcel bound to the northwest by Lots 109 and 330 as shown on Deposited Plan 222355, bound to the northeast by Dedicated Road (Patterson Street) as shown on Deposited Plan 222355, bound to the southeast by Lot 406 as shown on Deposited Plan 222355 and Lot 495 as shown on Deposited Plan 135093 and bound to the southwest by Dedicated Road (Post Office Street) as shown on Deposited Plan 222355 with an approximate centroid of Latitude 27.423193 South, Longitude 117.900044 East.
·UCL 39 - All that Unallocated Crown Land parcel bound to the northeast by Dedicated Road No. 10118 (Robinson Street) as shown on Deposited Plan 144205 and Closed Road as shown on Deposited Plan 189381, bound to the southeast by Dedicated Road (Stewart Street) as shown on Deposited Plan 222351, bound to southwest by Lot 300 as shown on Deposited Plan 65923 and bound to the northwest by Lot 643 as shown on Deposited Plan 33386, Lots 592 and 593 as shown on Deposited Plan 403380 and Lots 584, 585, 586, 587, 588, 589 and Dedicated Road (Heydon Place) as shown on Deposited Plan 189381 with an approximate centroid of Latitude 27.422469 South, Longitude 117.890652 East.
·UCL 40 - All that Unallocated Crown Land parcel bound to the northwest by Lot 304 as shown on Deposited Plan 65923, bound to the northeast by Dedicated Road No. 4145, bound to the east by Dedicated Road No. 848, bound to the southeast by Public Access Way as shown on Deposited Plan 103005 and Closed Road (Cowle Street) as shown on Deposited Plan 93222 and bound to the southwest by Dedicated Road No. 10118, Closed Road (Cowle Street) as shown on Deposited Plan 93222, Lot 379 as shown on Deposited Plan 222353 and Lots 422, 423, 424, 425, 426, 427 and 428 as shown on Deposited Plan 135092 with an approximate centroid of Latitude 27.418052 South, Longitude 117.893416 East.
·UCL 41 - All that Unallocated Crown Land parcel bound to the northwest and northeast by Closed Road (Cowle Street) as shown on Deposited Plan 93222, bound to the southeast by Public Access Way as shown on Deposited Plan 103005 and bound to the southwest by Dedicated Road No. 10118 (Robinson Street) as shown on Deposited Plan 144205 with an approximate centroid of Latitude 27.420193 South, Longitude 117.893568 East.
·UCL 43 - All that Unallocated Crown Land parcel bound to the west by Dedicated Road No. 848, bound to the northwest by Lot 304 as shown on Deposited Plan 65923, bound to the northeast by Lot 304 as shown on Deposited Plan 65923 and Lot 258 as shown on Deposited Plan 218691, bound to the southeast by Closed Road as shown on Deposited Plans 106035 and 205509, Dedicated Road No. 10029, Lot 419 as shown on Deposited Plan 120042, Lot 420 as shown on Deposited Plan 90403, Lot 421 as shown on Deposited Plan 135081 and bound to the south by Lots 319, 329 and Closed Road as shown on Deposited Plan 106035, Lot 3001 as shown on Deposited Plan 43388, Lot 297 as shown on Deposited Plan 222352, Lot 600 as shown on Deposited Plan 74106, Lot 497 as shown on Deposited Plan 184667 and Dedicated Road (Mitchell Street, Simpson Street and Stewart Street) as shown on Deposited Plans 184667 and 222352 with an approximate centroid of Latitude 27.416936 South, Longitude 117.898549 East.
·UCL 44 - All that Unallocated Crown Land parcel bound to the northeast by Lot 258 as shown on Deposited Plan 218691, bound to the west by Closed Road as shown on Deposited Plan 205509 and bound to the southeast by Dedicated Road No. 10029 with an approximate centroid of Latitude 27.417516 South, Longitude 117.902266 East.
·UCL 51 - All that Unallocated Crown Land parcel bound to the northwest by Dedicated Road No. 10029, bound to the northeast by Lot 258 as shown on Deposited Plan 218691 and Lot 301 as shown on Deposited Plan 65923, bound to the southeast by Unallocated Crown Land (previously Cue - Nannine Railway by Government Gazette 27/10/1896) and bound to the southwest by Dedicated Road (Livingstone Street) as shown on Deposited Plan 91494, Dedicated Road (Hicks Street) and Closed Road (Hicks Street) as shown on Deposited Plan 222353 and Lot 591 and Dedicated Road (Austin Street) as shown on Deposited Plan 189288 with an approximate centroid of Latitude 27.420267 South, Longitude 117.903642 East.
·UCL 52 - All that Unallocated Crown Land parcel bound to the northeast by Dedicated Road No. 8483, bound to the southeast by Lot 301 as shown on Deposited Plan 65923, bound to the southwest by Dedicated Road (Darlot Street) as shown on Deposited Plan 222350 and bound to the northwest by Lots 236, 237, 238, 239, 240, 241 and 242 as shown on Deposited Plan 222350 with an approximate centroid of Latitude 27.427277 South, Longitude 117.902914 East.
·UCL 53 - All that Unallocated Crown Land parcel bound to the northwest by Lot 235 as shown on Deposited Plan 222350, bound to the northwest and northeast by Dedicated Road (Salisbury Street, Livingstone Street and Kinsella Street) as shown on Deposited Plan 222350, bound to the southeast by Lot 301 as shown on Deposited Plan 65923 and bound to the southwest by Dedicated Road No. 8483 with an approximate centroid of Latitude 27.426443 South, Longitude 117.904026 East.
·UCL 107 - All that Unallocated Crown Land parcel bound to the northwest by Dedicated Road (Corrigan Street and Public R.O.W) as shown on Deposited Plan 216512, bound to the northeast by Lots 507, 508, 509, 556 and Dedicated Road (Burt Place) as shown on Deposited Plan 216512, Lot 2 as shown on Deposited Plan 410738 and Lot 554 as shown on Deposited Plan 191111, bound to the southeast by Dedicated Road extending southeast from the southeastern corner of Lot 554 as shown on Deposited Plan 191111 to the northeastern corner of Lot 302 as shown on Deposited Plan 65923 and bound to the southwest by Lot 302 as shown on Deposited Plan 65923 and Lot 258 as shown on Deposited Plan 218691 with an approximate centroid of Latitude 27.428627 South, Longitude 117.894274 East.
·UCL 134 - All that Unallocated Crown Land parcel bound to the northeast by Lot 301 as shown on Deposited Plan 65923, bound to the southeast by Lots 574 and 624 shown on Deposited Plan 216985, bound to the south by Lot 573 as shown on Deposited Plan 216985 and bound to the northwest by Unallocated Crown Land (previously Cue - Nannine Railway by Government Gazette 27/10/1896) and Lots 433, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, 444, 445, 446 and Dedicated Road (George Street) as shown on Deposited Plan 222354 with an approximate centroid of Latitude 27.420598 South, Longitude 117.907787 East.
·UCL 150-151 - All that Unallocated Crown Land comprising Lots 319 and 329 as shown on Deposited Plan 106035.
·UCL 152, 163-177, 186-201, 209, 855-856, 876, 1158-1170 and 1181-1188 - All that Unallocated Crown Land comprising Lots 110, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 178, 179, 181, 183, 184, 185, 186, 188, 195, 197, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 236, 237, 238, 240, 241, 242 and 632 as shown on Deposited Plan 222350.
·UCL 178-185 - All that Unallocated Crown Land comprising Lots 199, 200, 202, 203, 204, 206, 269 and 270 as shown on Deposited Plan 222351.
·UCL 202-208 - All that Unallocated Crown Land comprising Lots 249, 256, 258, 260, 261, 262 and 263 as shown on Deposited Plan 254227.
·UCL 210-211 - All that Unallocated Crown Land comprising Lots 277 and 278 as shown on Deposited Plan 103005.
·UCL 214 - All that Unallocated Crown Land comprising Lot 292 as shown on Deposited Plan 103031.
·UCL 216-224 - All that Unallocated Crown Land comprising Lots 331, 334, 335, 337, 339, 341, 342, 343 and 344 as shown on Deposited Plan 106087.
·UCL 226-239 - All that Unallocated Crown Land comprising Lots 433, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, 444, 445 and 446 as shown on Deposited Plan 222354.
·UCL 246 - All that Unallocated Crown Land comprising Lot 421 as shown on Deposited Plan 135081.
·UCL 247-253 - All that Unallocated Crown Land comprising Lots 422, 423, 424, 425, 426, 427 and 428 as shown on Deposited Plan 135092.
·UCL 240-245, 254-265, 272 and 353 - All that Unallocated Crown Land comprising Lots 368, 378, 379, 380, 381, 382, 383, 384, 385, 386, 387, 388, 389, 390 398, 400, 401, 404, 408 and 409 as shown on Deposited Plan 222353.
·UCL 273 and 311 - All that Unallocated Crown Land comprising Lots 591 and 592 as shown on Deposited Plan 189288.
·UCL 854 - All that Unallocated Crown Land comprising Lot 624 as shown on Deposited Plan 216985.
·UCL 893 - All that Unallocated Crown Land comprising Lot 643 as shown on Deposited Plan 33386.
Exclusion 8
·UCL 636 - All that Unallocated Crown Land comprising Lot 54 as shown on Deposited Plan 222768 that is wholly within the external boundary of Mining Lease M21/39-I (as defined by Department of Mines, Industry Regulation and Safety as at 29th October 1999).
·UCL 831 and 833 - All that Unallocated Crown Land comprising those portions of Lot 293 as shown on Deposited Plan 31197 that are wholly within the external boundary of Mining Leases M21/23 and M21/39-I (as defined by Department of Mines, Industry Regulation and Safety as at 29th October 1999).
·UCL 888 - All that Unallocated Crown Land comprising Lot 59 as shown on Deposited Plan 31197 that is wholly within the external boundary of Mining Leases M21/23 and M21/39-I (as defined by Department of Mines, Industry Regulation and Safety as at 29th October 1999).
Exclusion 9
·UCL 114 - All that portion of an Unallocated Crown Land parcel bound to the west and the north by Pastoral Lease N049488 (Murchison Downs), bound to the south by Crown Reserve 12300 and bound to the east by Reserve 29839 with an approximate centroid of Latitude 26.886769 South, Longitude 119.303346 East that is wholly within the external boundary of Mining Lease M51/660 (as defined by Department of Mines, Industry Regulation and Safety as at 29th October 1999).
Exclusion 10
·All that land comprising Lot 610 as shown on Deposited Plan 217741 and being the land described in certificate of title volume 2162 folio 946.
·All that land comprising Lot 613 as shown on Deposited Plan 217741 and being the land described in certificate of title volume 2220 folio 228.
·All that land comprising Lot 614 as shown on Deposited Plan 217741 and being the land described in certificate of title volume 2220 folio 229.
·All that land comprising Lot 615 as shown on Deposited Plan 217741 and being the land described in certificate of title volume 2220 folio 230.
·All that land comprising Lot 616 as shown on Deposited Plan 217741 and being the land described in certificate of title volume 2220 folio 231.
·All that land comprising Lot 617 as shown on Deposited Plan 217741 and being the land described in certificate of title volume 2220 folio 232.
·All that land comprising Lot 618 as shown on Deposited Plan 217741 and being the land described in certificate of title volume 2220 folio 233.
·All that land comprising Lot 619 as shown on Deposited Plan 217741 and being the land described in certificate of title volume 2220 folio 234.
·All that land comprising Lot 621 as shown on Deposited Plan 217741 and being the land described in certificate of title volume 2220 folio 236.
·All that land comprising Lot 622 as shown on Deposited Plan 217741 and being the land described in certificate of title volume 2220 folio 237.
Note: Geographic Coordinates provided in Decimal Degrees.
All referenced Deposited Plans and Diagrams are held by the Western Australian Land Information Authority, trading as Landgate.
Cadastral boundaries sourced from Landgate's Spatial Cadastral Database dated 1st January 2020.
Mining Leases sourced from Department of Mines, Industry Regulation and Safety as at 29th October 1999.
For the avoidance of doubt the determination excludes any land and waters subject to:
Native Title Determination Application WAD6123/1998 Badimia People (WCD2015/001) as Determined in the Federal Court on the 25/05/2015.
Native Title Determination Application WAD72/1998 Nharnuwangga Wajarri and Ngarlawangga (WCD2000/001) as Determined in the Federal Court on the 29/08/2000.
Native Title Determination Application WAD6033/1998 Wajarri Yamatji Part A (WCD2017/007) as Determined in the Federal Court on the 19/10/2017.
Native Title Determination Application WAD382/2017 Wajarri Yamatji Part B (WCD2018/002) as Determined in the Federal Court on the 23/04/2018.
Native Title Determination Application WAD6164/1998 Wiluna (Combined) (WCD2013/004) as Determined in the Federal Court on the 29/07/2013.
Native Title Determination Application WAD6002/2003 Gingirana (WCD2017/011) as Determined in the Federal Court on the 07/12/2017.
Datum: Geocentric Datum of Australia 1994 (GDA94)
Prepared By: Graphic Services (Landgate) 12th July 2021
Use of Coordinates:
Where coordinates are used within the description to represent cadastral or topographical boundaries or the intersection with such, they are intended as a guide only. As an outcome to the custodians of cadastral and topographic data continuously recalculating the geographic position of their data based on improved survey and data maintenance procedures, it is not possible to accurately define such a position other than by detailed ground survey.
SCHEDULE TWO
MAPS OF THE DETERMINATION AREA
SCHEDULE THREE
EXCLUSIVE AREAS
Areas where native title comprises the rights set out in paragraph 4
Native title comprises the rights and interests set out in paragraph 4 of the determination in relation to the following areas (which are shaded green on the maps in Schedule Two):1. Areas where s 47A of the Native Title Act applies:
Interest
Description / Purpose
Cogla Downs Station - Pastoral Lease N049690
Held by Yulella Aboriginal Corporation for the benefit of Aboriginal and Torres Strait Islander people
2. Areas where s 47B of the Native Title Act applies:
MapInfo ID.
Description
Exclusions
UCL 0798-0801, 0815-0818 and 0874
Part of former Doolgunna Station
Area overlapped by the Gingirana #4 native title determination application (WAD230/220)1
UCL 0021, 0117, 0679-0680, 0761-0784, 0862-0873
Former Gabanintha townsite
UCL 0739-0745, 0838-0853, 0857-0861
Former Star of the East (Porlell) townsite
UCL 0822-0823
Former Lakeside Station
Part covered by mining lease M21/07 as at 29 October 1999
1 See Schedule One, exclusion 1. This area is not part of the Determination Area.
MapInfo ID.
Description
Exclusions
UCL 0046, 0048-0050
Former pastoral lease
Part covered by mining lease M21/66 as at 29 October 1999
UCL 0597-0638, 0831-0833, 0888-0889
Former township of Mainland
Parts covered by mining lease M21/23 or M21/39-1 as at 29 October 19992
UCL 0787
Former part of Cogla Downs Station
UCL 0114
Former reserve 13576 for water supply
Part covered by mining lease M51/458 or M51/6603 as at 29 October 1999
UCL 0750-0752, 0897
Former reserve 36700 for water and former reserve 5312 for water surrounded by Cogla Downs pastoral lease
2 See Schedule One, exclusion 8. These areas are not part of the Determination Area.
3 See Schedule One, exclusion 9. The part of UCL 0114 that was covered by mining lease M51/660 as at 29 October 1999 is not part of the Determination Area.
SCHEDULE FOUR
AREAS WHERE NATIVE TITLE DOES NOT EXIST
Paragraph 2
Native title does not exist in relation to land and waters the subject of the following interests within the Determination Area which, with the exception of public works (as described in clause 7 of this Schedule), are generally shaded in pink on the maps in Schedule Two.
For the avoidance of doubt, unless otherwise specified, the following interests are as they existed as at 1 January 2020 and as contained in the MapInfo Tenure Information prepared by the Western Australian Land Information Authority dated 31 July 2020. The non-existence of native title is not necessarily a result of the grant or creation of these interests.4
4 This is particularly the case with current tenures within the townsite of Meekatharra. The tenures included in the determination are by reference to current tenures as at 1 January 2020, however, native title over the area of the Meekatharra townsite was extinguished by the vesting of Reserve 15815 in the Meekatharra Road Board on 9 November 1917.
1. Freeholds
The following grants of estates in fee simple:
Meekatharra Current Freehold
Certificate of Title CT0034000013A CT0103800989 CT0008600044A CT0034000014A CT0104400825 CT0008600074A CT0034000015A CT0104700062 CT0010900090A CT0037700002A CT0104700083 CT0012300031A CT0038300131A CT0104700418 CT0026100070A CT0043000014A CT0104700692 CT0029100146A CT0043000045 CT0104700879 CT0031900027A CT0043700037 CT0105000780 CT0031900028A CT0046700199A CT0105200300 CT0031900029A CT0047100032 CT0105200333 CT0031900030A CT0048400192 CT0105700413 CT0031900031A CT0055100061A CT0105800401 CT0031900032A CT0060400189A CT0106000104 CT0031900033A CT0069500181 CT0108000563 CT0031900034A CT0082500164 CT0108700956 CT0033800108A CT0089200187 CT0109400657 CT0034000012A CT0102800202 CT0109600294
CT0109800986 CT0129300849 CT0138200178 CT0110000289 CT0131700084 CT0138200179 CT0110700466 CT0131700085 CT0138200180 CT0111000008 CT0131700263 CT0138200181 CT0111200658 CT0131700264 CT0138200182 CT0111300250 CT0131900043 CT0138200183 CT0111300251 CT0131900388 CT0139000479 CT0111300966 CT0132200830 CT0139300400 CT0111500124 CT0132400350 CT0139400131 CT0111600412 CT0132400351 CT0140200377 CT0112100603 CT0132400352 CT0141800376 CT0112800329 CT0132400353 CT0141800377 CT0113300806 CT0132400354 CT0142500638 CT0113400610 CT0132400355 CT0143300533 CT0114300247 CT0133100115 CT0143300534 CT0116000155 CT0134300040 CT0143300535 CT0116000964 CT0134300042 CT0143300536 CT0117700746 CT0134500058 CT0143300537 CT0119200879 CT0135200942 CT0143300538 CT0119400040 CT0135300876 CT0144900669 CT0119900311 CT0135400994 CT0144900671 CT0120200478 CT0136100323 CT0145200198 CT0120500562 CT0136200690 CT0145700897 CT0120800593 CT0136400506 CT0148200436 CT0122200469 CT0136400507 CT0148600268 CT0122200744 CT0136400508 CT0148600269 CT0122800640 CT0136400509 CT0148600270 CT0122900722 CT0136400510 CT0148600271 CT0122900927 CT0136400511 CT0148600272 CT0123100295 CT0136400512 CT0148600273 CT0123800141 CT0136400513 CT0149300063 CT0123800167 CT0137700078 CT0149500165 CT0124500749 CT0138200171 CT0150100884 CT0124500831 CT0138200172 CT0153500662 CT0124900848 CT0138200173 CT0153500668 CT0125200358 CT0138200174 CT0153500669 CT0125200529 CT0138200175 CT0154700597 CT0125200592 CT0138200176 CT0154700893 CT0128800939 CT0138200177 CT0156300893
CT0156500279 CT0166000399 CT0178600279 CT0157600082 CT0166000827 CT0178700580 CT0158100153 CT0166400326 CT0178700581 CT0158100516 CT0166900200 CT0178900267 CT0158400054 CT0167100806 CT0179300003 CT0158700445 CT0167600480 CT0179300051 CT0159100153 CT0168400528 CT0179300521 CT0159100154 CT0168600028 CT0179500771 CT0159600067 CT0168600077 CT0180600586 CT0159600068 CT0168600078 CT0180600587 CT0159600868 CT0168600079 CT0180600588 CT0160200024 CT0168600080 CT0180600629 CT0160500704 CT0168600093 CT0180900698 CT0161400834 CT0168600094 CT0181000192 CT0161700044 CT0168800236 CT0181000193 CT0161900560 CT0169500320 CT0181000194 CT0162000943 CT0170000568 CT0181000195 CT0162300380 CT0170600406 CT0181300709 CT0162300381 CT0170600407 CT0181300710 CT0162300674 CT0170600408 CT0181300711 CT0162300675 CT0170600592 CT0181300720 CT0162300676 CT0172600028 CT0182700664 CT0162300677 CT0173100090 CT0182700665 CT0162300678 CT0173200095 CT0183900750 CT0162300679 CT0173500882 CT0184000203 CT0162300680 CT0173500883 CT0184000767 CT0162300681 CT0173500884 CT0184500432 CT0162300682 CT0173500885 CT0184800107 CT0162300683 CT0173500886 CT0184800119 CT0162300684 CT0173900688 CT0184900327 CT0162700709 CT0174200216 CT0184900365 CT0163600983 CT0174400369 CT0185000507 CT0164100221 CT0174600561 CT0185000544 CT0164300300 CT0174600562 CT0185300014 CT0164300923 CT0175900941 CT0185600712 CT0164900490 CT0176300519 CT0185600740 CT0165000598 CT0176800302 CT0185600741 CT0165700877 CT0176900162 CT0185600744 CT0165800144 CT0177600092 CT0186500133
CT0186500187 CT0192801000 CT0204800071 CT0186600711 CT0193300150 CT0204800644 CT0186600712 CT0193300183 CT0204800685 CT0186600790 CT0193600391 CT0204800700 CT0186600791 CT0193600392 CT0205000801 CT0186600792 CT0193800194 CT0205000885 CT0186600793 CT0193800632 CT0205200211 CT0186600794 CT0193800684 CT0205400094 CT0186600795 CT0194400221 CT0206200468 CT0186600796 CT0194700853 CT0206400314 CT0186600797 CT0195200914 CT0206800561 CT0186600798 CT0196300013 CT0207400717 CT0186600799 CT0196400362 CT0207400732 CT0186600800 CT0197400847 CT0207400733 CT0186900550 CT0197400848 CT0207900078 CT0186900603 CT0197500492 CT0208600532 CT0187600411 CT0197500493 CT0208600533 CT0187600412 CT0197500494 CT0208600583 CT0187700971 CT0197500495 CT0208800205 CT0187800979 CT0197500496 CT0208800206 CT0188400294 CT0198000223 CT0208800207 CT0188400316 CT0198000253 CT0208800208 CT0188800937 CT0198700386 CT0208800246 CT0188800989 CT0199700535 CT0209000557 CT0189400926 CT0200300615 CT0209000756 CT0189800624 CT0201700943 CT0209100551 CT0189800629 CT0201700944 CT0209100701 CT0190400338 CT0201700945 CT0209100994 CT0191300862 CT0201700946 CT0209900618 CT0191700978 CT0201700947 CT0210600151 CT0191700979 CT0202500338 CT0210800108 CT0191700980 CT0202600110 CT0210800151 CT0191700981 CT0202900073 CT0211000646 CT0191800040 CT0203100786 CT0211500236 CT0191900051 CT0203600321 CT0211600339 CT0192000908 CT0204300452 CT0211600399 CT0192800101 CT0204300453 CT0212100150 CT0192800103 CT0204300454 CT0212100165 CT0192800171 CT0204500174 CT0212200093
CT0212200094 CT0222000774 CT0212200366 CT0253200133 CT0212300915 CT0253200134 CT0212700340 CT0254900772 CT0212700703 CT0260000097 CT0213400179 CT0262500352 CT0214000501 CT0264500424 CT0214000502 CT0268700689 CT0214000503 CT0270800488 CT0214000504 CT0271200671 CT0214000514 CT0272700890 CT0214700399 CT0280500314 CT0214900458 CT0283500037 CT0215900978 CT0283500038 CT0217300673 CT0283500039 CT0217300674 CT0288300400 CT0217300686 CT0297000395 CT0217300687 CT0297600038 CT0217300688 CT0217500560 CT0217500561 CT0217500562 CT0218800993 CT0219400956 CT0219700126 CT0221000313 CT0222000761 CT0222000762 CT0222000763 CT0222000764 CT0222000765 CT0222000766 CT0222000767 CT0222000768 CT0222000769 CT0222000770 CT0222000771 CT0222000772 CT0222000773 Cue Current Freehold
Certificate of Title CT0104200268 CT0163400428 CT0006200101 CT0104400459 CT0163600981 CT0009200127A CT0104400511 CT0164900041 CT0009500074 CT0104400512 CT0166300790 CT0009900036 CT0104500963 CT0166400357 CT0010200175 CT0104800808 CT0167300202 CT0011000044 CT0109000845 CT0167800490 CT0011900135 CT0110500657 CT0171000391 CT0012100160 CT0112200876 CT0171300055 CT0012300125A CT0120800006 CT0173100713 CT0019400177 CT0120800007 CT0173300488 CT0019700154 CT0120800008 CT0173500625 CT0020500145 CT0124600614 CT0173500628 CT0020500146 CT0124600645 CT0173900634 CT0021700051 CT0125300354 CT0173900752 CT0021700052 CT0125300355 CT0174600764 CT0022700101 CT0127200723 CT0175800192 CT0022700102 CT0129400438 CT0176900623 CT0024600104 CT0135900268 CT0178200356 CT0028000198 CT0135900269 CT0178300774 CT0028100150 CT0136200639 CT0179300052 CT0028900107 CT0136200640 CT0180400050 CT0029700090 CT0136200641 CT0180900099 CT0029900192 CT0136200642 CT0180900100 CT0031900117 CT0136200644 CT0181000101 CT0031900151 CT0137300887 CT0181000109 CT0032200164 CT0138300386 CT0181200334 CT0036000171 CT0138300387 CT0181300727 CT0040000116 CT0142700960 CT0182000059 CT0041000052 CT0148400026 CT0183400023 CT0041600097 CT0149800498 CT0185300038 CT0042100146 CT0149800499 CT0186100677 CT0043700084 CT0156100296 CT0186500284 CT0046300068 CT0157400061 CT0186600719 CT0048500142 CT0157600167 CT0187300004 CT0050200100 CT0157800396 CT0188300682 CT0056800195A CT0159800287 CT0188300683 CT0096000077 CT0160400305 CT0188400345
CT0189100026 CT0209100599 CT0263900254 CT0189700531 CT0209500401 CT0263900255 CT0189800660 CT0210700605 CT0263900256 CT0190200007 CT0211100663 CT0263900257 CT0190200155 CT0211100681 CT0263900258 CT0190300863 CT0211900088 CT0263900259 CT0190300864 CT0211900089 CT0263900260 CT0190500641 CT0211900090 CT0263900261 CT0190700532 CT0211900091 CT0263900262 CT0191200658 CT0211900092 CT0263900263 CT0191300860 CT0215400838 CT0263900264 CT0192400181 CT0215700634 CT0263900265 CT0192500988 CT0216400986 CT0263900266 CT0194200481 CT0217600219 CT0264500482 CT0195600391 CT0219400988 CT0264500483 CT0195700020 CT0221700206 CT0264500484 CT0196100843 CT0221700207 CT0264500485 CT0196800896 CT0222000217 CT0269200294 CT0197100822 CT0222000220 CT0270600168 CT0197300491 CT0222000221 CT0270600169 CT0197300808 CT0222000222 CT0273400367 CT0197300850 CT0222000223 CT0273700510 CT0197700060 CT0222000224 CT0275800232 CT0198200629 CT0222000225 CT0275800241 CT0199800418 CT0222000226 CT0275800279 CT0201200908 CT0222000227 CT0275800280 CT0203400610 CT0222000235 CT0279600135 CT0203600302 CT0222000238 CT0280800799 CT0204000378 CT0222000239 CT0282900701 CT0204100062 CT0222200056 CT0284800924 CT0204500758 CT0222200090 CT0288200933 CT0204800633 CT0222200171 CT0291100621 CT0207000463 CT0223000613 CT0292600172 CT0207400765 CT0256100590 CT0293900704 CT0207400766 CT0256200011 CT0296600193 CT0207500543 CT0256200012 CT0207900900 CT0260000771 CT0208300036 CT0260000772 CT0208900584 CT0263900214 Cue Historical Freehold
Certificate of Title CT0103900256 GT0001000003 CT0009100063A CT0103900707 GT0001000004 CT0012100197 CT0103900708 GT0001000005 CT0012200149 CT0104400513 GT0001000006 CT0012300185 CT0104400556 GT0001000007 CT0012500170 CT0104700345 GT0001000008 CT0012500176 CT0011900047 GT0001000009 CT0012700093 CT0119900300 GT0001000010 CT0017600051 CT0122400376 GT0001000022 CT0020700015 CT0131900594 GT0001000023 CT0021800022 CT0133500823 GT0001000024 CT0024300102 CT0162700951 GT0001000025 CT0025800053 CT0163400345 GT0001000066 Part of CT0028400005 CT0179000472 GT0001000067 Part of CT0028900108 CT0181500729 GT0001000076 Part of CT0028900109 CT0190500640 GT0001000118 Part of CT0028900110 CT0192800174 GT0001000119 CT0028900111 CT0194700698 GT0001000120 Part of CT0029100047 CT0197500318 GT0001000121 CT0031900039 CT0198400403 GT0001000122 CT0032500054 CT0200500845 GT0001000124 CT0032700083 CT0205000848 GT0001000125 CT0032700085 CT00272900427 GT0001000126 CT0034300187 CT0278600645 GT0001000128 CT0036000169 CT0280500366 GT0001000129 CT0036900179 CT0291100607 GT0001000130 CT0039400019 GT0000900765 GT0001000131 CT0039800126 GT0000900766 GT0001000161 CT0040200052 GT0000900767 GT0001000162 CT0040300064 GT0000900768 GT0001000163 CT0043800064 GT0000900769 GT0001000164 CT0044200143 GT0000900770 GT0001000165 Part of CT0044600082 GT0001000001 GT0001000166 CT0103200958 GT0001000002 GT0001000167
GT0001000168 GT0001800172 GT0001000170 GT0001800175 GT0001000171 GT0001800669 GT0001000172 GT0001800673 GT0001000182 GT0001800674 GT0001000260 GT0001900367 GT0001000272 GT0001900423 Part of GT0001000276 GT0001900507 GT0001000283 GT0001900510 GT0001000284 GT0001900511 GT0001000285 GT0002000532 GT0001000286 GT0002000748 GT0001000287 GT0002100043 GT0001000288 GT0002100245 GT0001000313 GT0002100613 GT0001000425 GT0002100614 GT0001000426 GT0002100615 GT0001000448 GT0002200051 GT0001000449 GT0002200052 GT0001000475 GT0002300104 GT0001000476 GT0002300106 GT0001000480 GT0002400176 GT0001000482 LG0043600105 GT0001000483 GT0001000484 GT0001000485 GT0001000486 GT0001000487 GT0001000488 GT0001000492 GT0001100250 GT0001100362 GT0001100467 GT0001100626 GT0001100654 GT0001300525 GT0001400164 GT0001400392 GT0001400393 Other Townsites Current Freehold
Certificate of Title CT0021800112 CT0220000058 CT0006300036 CT0023100123 CT0222800804 CT0006800152 CT0026600094 CT0222800805 CT0008100194 CT0026600095 CT0254000895 CT0009500073 CT0026600157 CT0260000076 CT0009900042 CT0042500037 P222368 15 CT0009900043 CT0104400086 P222368 23 CT0011800113 CT0104400557 CT0028700016 CT0016700001 CT0104700263 CT0197700963 CT0016700003 CT0104700924 CT0218200375 CT0017600188 CT0106300719 CT0292600180 CT0019200034 CT0109400760 Other Townsites Historical Freehold
Certificate of Title CT0006300054 CT0007400066 CT0006000164 CT0006300056 CT0007700003 CT0006000167 CT0006300060 CT0007700123 CT0006000172 CT0006300061 CT0007700124 CT0006000173 CT0006300066 CT0008100193 CT0006000175 CT0006300071 CT0008100195 CT0006000176 CT0006300073 CT0008800107 CT0006300013 CT0006300125 CT0009500100 CT0006300014 CT0006300169 CT0011600079 CT0006300015 CT0006800047 CT0011800042 CT0006300029 CT0006800048 CT0012200134 CT0006300030 CT0006800194 CT0012400163 CT0006300031 CT0007400026 CT0012500038 CT0006300032 CT0007400027 CT0016500159 CT0006300033 CT0007400028 CT0017600030 CT0006300034 CT0007400029 CT0017600137 CT0006300035 CT0007400030 CT0018000044 CT0006300037 CT0007400031 CT0018600064 CT0006300042 CT0007400032 CT0018600117 CT0006300043 CT0007400033 CT0018900007 CT0006300044 CT0007400062 CT0019200048 CT0006300045 CT0007400063 CT0019200137 CT0006300046 CT0007400064 CT0019200138 CT0006300047 CT0007400065 CT0019600177
CT0019600178 CT0024100094 CT0025500120 CT0019700196 CT0024400057 CT0025500121 CT0019900083 CT0024500022 CT0025600134 CT0019900084 CT0024500023 CT0025600135 CT0019900085 CT0024500059 CT0026100137 CT0019900086 CT0024500168 CT0026600071 CT0019900087 CT0024600016 CT0026800072A CT0019900142 CT0024600120 CT0027200038 CT0019900143 CT0024600121 CT0028100127 CT0019900179 CT0024700023 CT0028800005 CT0021000108 CT0024700024 CT0028800018 CT0021000109 CT0024700025 CT0029500001 CT0021400111 CT0024700026 CT0031400098 CT0021400112 CT0024900024 CT0031600087 CT0021400113 CT0025000073 CT0031600088 CT0021800103 CT0025000074 CT0032200068 CT0021900062 CT0025200050 CT0033100091 CT0021900063 CT0025300012 CT0034400161 CT0022000138 CT0025300013 CT0034900032 CT0022000139 CT0025300014 CT0035100198 CT0022100082 CT0025300015 CT0035300159 CT0022100179 CT0025300016 CT0035300160 CT0022500036 CT0025300017 CT0035300161 CT0022500037 CT0025300018 CT0035300162 CT0022700104 CT0025300019 CT0035300163 CT0022700105 CT0025300020 CT0035300164 CT0023400024 CT0025300021 CT0035400109 CT0023500105 CT0025300022 CT0035500057 CT0023600006 CT0025400005 CT0035500058 CT0023800037 CT0025400006 CT0035500059 CT0023900074 CT0025400186 CT0035500187 CT0023900088 CT0025400187 CT0035900093 CT0023900172 CT0025400188 CT0036100025 CT0023900173 CT0025400189 CT0038600091 CT0024000132 CT0025400190 CT0039900069 CT0024000133 CT0025400191 CT0040100098 CT0024100085 CT0025400192 CT0042200021 CT0024100086 CT0025400193 CT0043500004
CT0047100114 CT0105200246 CT0103900101 CT0105700050 CT0103900575 CT0105700387 CT0103900579 CT0105700417 CT0103900583 CT0105700453 CT0103900591 CT0106300356 CT0103900635 CT0106300476 CT0103900636 CT0106300807 CT0103900663 CT0106300809 CT0103900664 CT0106300904 CT0103900665 CT0106800661 CT0103900675 CT0107000596 CT0103900797 CT0107000667 CT0103900908 CT0107000727 CT0103900991 CT0107000874 CT0104400019 CT0107800333 CT0104400049 CT0109900216 CT0104400310 CT0110700910 CT0104400311 CT0110800227 CT0104400312 CT0192100289 CT0104400316 CT0104400317 CT0104400466 CT0104400504 CT0104400540 CT0104700013 CT0104700121 CT0104700190 CT0104700233 CT0104700234 CT0104700259 CT0104700479 CT0104700511 CT0104700512 CT0104700513 CT0104700530 CT0104700654 CT0105200048
2. Reserves
The following Reserves:
Reserve No. Current / Last Purpose 2460 Police 2464 Town Hall 2693 Golf Club and Premises 2900 Resting Place for Travellers and Stock 3133 Water 3134 Water 3135 Municipal Purposes 3530 Explosives Magazine 3620 Recreation 4590 Racecourse 5216 Drain 5326 Explosives 5697 Recreation 6021 Endowment for Road Board 6760 Town Hall 7053 Commonage 7274 Common 8282 Shire Purposes 8984 Excepted from Sale and Occupation 8988 Water 9142 Mineral Processing 9169 Water and Conservation of Flora and Fauna 9761 Police 10076 Youth and Community Purposes 10306 Common 11334 Church Site - Presbyterian Church 11643 Municipal Endowment 11651 Water and Camping 11672 Common 11783 Water Act 57 Vic No. 20 12300 Vermin Proof Fence 12364 Power Station Site 13513 Excepted From Sale 13515 Use and Benefit of Aboriginal Inhabitants 13931 Water 14426 Use and Requirements of GEHA 14523 Water Supply Office 15523 Picture Gardens 15815 Parks and Recreation - except for Lot 290 on Deposited Plan 30589 15944 Water 16706 Water 16841 Water 17275 Minerals 18501 Public Utility 19253 Use and Benefit of Aboriginal Inhabitants 19400 Pipeline 19401 Water 20434 Parkland and Recreation 20982 Water Supply 21243 Cemetery 21408 Municipal Endowment 21482 Drainage 21515 Power Station 21597 Recreation 21619 Public Utility 21915 Golf Links 21978 Road Board Purposes 22025 Aerial Landing Ground 22045 Sanitary Site 22569 Aerial Landing Ground 22610 Racecourse 22974 Swimming Pool and Park Gardens 23051 Public Utility 23195 Recreation Golf Links 23232 Use and Benefit of Aboriginal Inhabitants 23889 Hospital and Allied Purposes 24054 Flying Doctor Base 24220 Community Welfare Purposes 24241 Public Purposes and Picture Garden 25641 Use and Requirements of Shire of Cue 25665 Use and Requirements of Shire of Cue 25694 Road Board Purposes 27180 Native Housing 27201 Depot Site Main Roads Department 27243 Golf Course 27539 Arboretum 27986 Parking 27989 Racing Stables 28081 Native Housing 28209 Transport Parking Area 28321 Water 29063 Native Housing 29496 School Site 29501 Use and requirements of Shire of Cue 29839 Protection of Rabbit Proof Fence 30553 Native Housing 31350 Office Site 31394 Hostel Site Students 31397 Aboriginal Quarry Site 32293 Use and Requirements of Royal Flying Doctor Service 32332 Government Requirements 32459 Sewerage 32543 Recreation Wildlife Sanctuary and Historical Museum 32790 Water Supply 32931 Radio and Television Site 33230 Office Storage State Housing Commission 34021 Housing Department of Hospital and Allied Services 35295 Recreation 35296 Use and Benefit of Aboriginal Inhabitants 35387 Public Conveniences 35388 Community Welfare Services 35389 Use and Benefit of Aboriginal Inhabitants 35512 Use and Benefit of Aboriginal Inhabitants 36131 Recreation Motor Cycle Club 36263 Recreation 36371 Parking 36389 Country Automatic Exchange Site 36396 Hospital Staff Housing 36452 Parklands 36627 Public Utility Services and Access 36977 Common 37165 Drain 37472 Water Supply (25 Mile Well) 37841 Radio Transmitter Site 37897 Fire Brigade Site 38040 Stockyard and Access 38127 Recreation 38357 Community Purposes and Camp Accommodation 38524 Civic, Cultural and Community Purposes 38633 Drainage 38927 Municipal Purposes 39267 Park 39356 Pedestrian and Vehicular Access 39955 Park 39956 Park 39957 Public Utilities Services 40000 Repeater Station Site 40098 Public Utilities Services and Drainage 40290 Clinic (Health Department) 40507 Church Site 40646 Rubbish Disposal Site 40754 Ambulance Depot 40845 Stockpiling and Loading Facilities 40847 Stockyards 40979 Repeater Station 41082 Water Supply 41143 Repeater Station 41870 Aged Persons Homes 42089 Water Supply 42382 Radio Mast 42391 Aerial Landing Ground 42472 Repeater Station Site 42912 Hall Site 43098 Radio Communications Site 43183 Stockpiles Site 44100 Park 44239 Regenerator Sit 44276 Public Utilities Services and Access 44325 Pistol Club 44737 Access 45037 Depot 46944 Child Care Centre 50286 Tourism and Protection of Natural Formations (Garden Granite Rock)
3. Leases
The following leases:
Lease No. Current / Last Purpose H711982 Residence K073664 Grazing N313589 Residence and cultivation N862662 Residence and cultivation N550963 Grazing L332/1648 Grazing N550979 Grazing Meekatharra Leases L482151 Residence L539849 Caravan park L778464 Parking and accommodation L829074 Residence L912799 Residence M490253 Light industry N105257 Residence N105487 Residence N105489 Residence I302550 Storage and Trucking Depot Other Townsite Leases N104453 Residence H37487 Residence Cue Leases K567015 Residence L346507 Residence M079307 Light industry O635569 Parking and Access
4. Roads
The following dedicated roads, roads set aside, taken or resumed or roads which are to be considered public works (as that expression is defined in the Native Title Act and the Titles Validation Act):
MapInfo ID. Description Shown on5 Road 1 Great Northern Highway - Road No. 6114 GG04041919p769 and Lot 77 on DP 217093 Road 2 Cue - Day Dawn - Road No. 1327 GG28021902p839 Road 3 Day Dawn Townsite Road CPP140106_2 Road 4 Cue Townsite Road CPP140111 Road 5 Ned's Creek Station - Road No. 9088 GG09121932p1834 Road 6 Rabbit Proof Fence Road - Road No. 4274 CPP506498 Road 7 Rabbit Proof Fence Road - Road No. 4274 CPP503038 Road 8 Rabbit Proof Fence Road - Road No. 4274 CPP502982 Road 9 Road No. 2253 GG23031906p976 Road 10 Hillview Station - Yarrabubba - Road No. 11227 GG17081956p2109 Road 11 Meekatharra - Sandstone Road - Road No. 12227 DP76753 Road 12 Road No. 2845 GG20101939p1806 Road 13 Rabbit Proof Fence Road - Road No. 4274 CPP503038_2 Road 14 Road within Polelle Pastoral Lease - Road No. 9991 GG22091939p1676 Road 15 Road No. 9992 GG22091939p1676_2 Road 16 Road No. 8484 GG17041930p1109 Road 17 Road No. 12636 GG22051964p2240 Road 18 Road No. 11528 GG28111958p3127 Road 19 Road No. 8101 GG12071929p1662 Road 20 Cue - Tuckanarra - Road No. 10029 GG22121939p2251 Road 21 Great Northern Highway - Culliculli Homestead - Road No. 10995 GG06081954p1356 Road 22 Reedy to Tuckanarra - 10028 GG22121939p2250
5 When interpreting the references in this column:
GG = Government Gazette (followed by the date in day, month, year format, followed by page number)
CMA = Central Mapping Agency
CPP = Cancelled Public Plan
DP = Deposited Plan
D = Document (e.g. Road 165 = Document I60229)
P = PlanPP = Public Plan
MapInfo ID. Description Shown on Road 23 Naninne - Cogla Downs - Road No. 8579 GG24101930p2374 Road 24 Road No. 11527 GG03101958p2545 Road 25 Warda Warra - Nannine - Road No. 457 GG14121894p1251 Road 26 Road No. 10996 GG06081954p1356_2 Road 27 Great Northern Highway - Road No 14517 DP218692_2 Road 28 Cue - Tuckanarra Road No. 845 GG30061899p1887_3 Road 29 Unnamed Road - Locations 78 and 79 DP216783 Road 31 Meekatharra - Abbotts Road - Road No. 2854 GG22051914p2148 Road 32 Rubbish Tip Road Meekatharra DP217265 Road 33 Road No. 5714 GG04051917p672
Road 34 Road from Meekatharra Townsite heading south, south-east - Road No. 5716 GG04051917p672_2 Road 35 Road from Meekatharra Townsite heading south - Road No. 5711 GG04051917p672_3
Road 36 Meekatharra - Sandstone Road DP216513 Road 37 Road No. 665 GG13081897p1623 Road 38 Road in Hillview and Polelle Pastoral Leases - Road No. 1656 GG05121980p4086 Road 39 Naninne to Abbotts - Road No 703 DP227848 Road 40 Road heading west from Meekatharra Townsite - Road No. 5713 GG04051917p672_4 Road 41 Road Inside Meekatharra Townsite - Road No. 5710 GG04051917p672_5 Road 42 Sherwood Station to Murchison Downs Station - Road No. 5710 DP242997 Road 43 Murchison Downs Road - Road No. 17828 GG02091988p3410 Road 44 Chain road - south-east from Meekathara Townsite - Road No. 5712 GG04051917p672_7 Road 45 Road No. 9139 GG30061933p980 Road 46 Deviation of Great Northern Highway south east of Cue Townsite - Road No. 9139 GG09011976p4 Road 47 Cue to Millie Millie Station - Road No. 846 GG30061899p1887_2 Road 48 Cue to Sanitary Depot R9603 - Road No. 3680 CPP501747 Road 49 Road No. 3204 GG14081908p2313 Road 50 Road No. 5366 CPP502990.pdf Road 51 Road heading south from Cue townsite - Road No. 12179 GG27101961p2999_3 Road 52 Road heading north from Cue townsite - Road No. 4143 GG14071911p2551 Road 53 Road from Cue townsite to Recreation Reserve - Road No. 2196 GG23031906p976_2 Road 54 Road No. 12179 GG27101961p2999 Road 55 Road south of Cue townsite - Road No. 12182 GG27101961p2999_2 Road 56 Cue townsite Road along discontinued Railway CPP140111_2 Road 57 Cue townsite road on discontinued Railway DP172087 Road 58 Cue townsite road on discontinued Railway DP218691sht3 Road 59 Cue - Day Dawn on discontinued Railway CMA50164_Cue_SE Road 60 From Dalgetty Street Day Dawn to Cuddingwarra - Road No. 849 GG21121906p3613_2 Road 61 Day-Dawn townsite heading north-westerly direction - Road No. 2537 GG21121906p3613 Road 62 Day - Dawn to Lakeside Station Homestead - Road No. 2538 GG02081929p1762 Road 63 Earliest version of Road No. 2538 GG14121906p3554 Road 64 Start of road 2538 that intersects with discontinued railway line at Day Dawn CPP140106 Road 65 Road north-east of Cue townsite - Road No. 3487 CPP502995 Road 66 Rifle Range Road - North-west of Cue townsite - Road No. 3416 CPP502994_2 Road 67 Meekatharra - Wiluna Road - Road No. 7583 GG18061926p1241 Road 68 Meekatharra townsite road heading north-west - Road No. 5715 GG04051917p672_6 Road 69 Road within Pinnacles townsite DP220333 Road 70 Deviation of Kalgoorlie - Meekatharra Road within PL 3114/598 - Road No. 7583 GG08051981p1404
Road 71 Miners Pass Road - Road No. 12179 DP65910 Road 72 Miners Pass Road - Road No. 12179 DP65922 Road 76 Dairy Wells Road - Road No. 19000 DP193379 Road 77 Road No. 4274 DP218805 Road 88 Road re-alignment Rabbit Proof Fence - Road No. 4274 DP219759 Road 89 Meekatharra townsite - Road widening Main Street where it becomes Great Northern Highway - Road No. 703 DP29717 Road 96 Intersection of Goldfields Highway and Great Northern Highway in Meekatharra DP402607 Road 99 Cue Townsite - Road No. 8483 GG02051930p1221_2 Road 100 Road between Mt Yagahong and Naninne - Road No. 2845 CPP503033 Road 101 Cue and Black Range GG30081935p1632 Road 102 Cue Townsite Road DP222354 Road 103 Cue Townsite central roads CPP504112 Road 104 Road Ex Cue Lot 500 - Road No. 18803 DP192624 Road 105 Robinson Street DP221385 Road 106 Cue Town Lot 12 resumption - Road No. 17708 P000976 Road 107 Convict Court Road DP43388 Road 108 Cue Town Road DP216512 Road 109 Threadgold - McClean - Trigg Streets DP254227 Road 110 Livingstone Street DP91494 Road 111 Corner of Wittenoom and Hicks Street PP_BK47_16.07 Road 112 Road No. 8483 GG02051930p1221 Road 113 Road No. 848 GG30061899p1887 Road 114 Road No. 4145 GG14071911p2551 Road 115 Road No. 10118 DP144205 Road 116 Heydon Place DP189381 Road 117 McCarthy Drive DP217741 Road 118 Between Richmond and Robinson Streets DP103005 Road 120 Portion of Austin Street DP194475 Road 121 Portion of Austin Street DP189288 Road 122 Road No. 10029 GG19041940p562 Road 123 Reedy Townsite Roads DP144176 Road 124 Reedy Townsite Roads DP204564 Road 125 Reedy Townsite - Culculli Street DP144168 Road 126 Reedy Townsite Roads DP144177 Road 127 Reedy Townsite Roads - Belsey Street DP205529 Road 128 Porlell - Barret Street DP223061 Road 129 Day Dawn Townsite Roads DP222369 Road 130 Day Dawn Townsite Roads DP222370 Road 131 Day Dawn Townsite Roads DP222372 Road 132 Day Dawn Townsite Roads DP222374 Road 133 Day Dawn Townsite - Anstey Street PPBK47_20_14.03 Road 134 Day Dawn Townsite Roads DP222373 Road 135 Day Dawn Townsite Roads DP222371 Road 136 Day Dawn Townsite Road next to train station DP204598 Road 137 Mainland Townsite Roads DP222768 Road 138 Tuckanarra Townsite Roads DP223168 Road 139 Tuckanarra Townsite Roads DP144173 Road 140 Tuckanarra Townsite - Beebyn Karbar Road DP189424 Road 141 Gabintha Townsite Roads DP222468 Road 142 No Road identified in MapInfo NA Road 143 Meekatharra Townsite - Road Widening ex Lot 432 and ROW ex Lot 429 DP174765 Road 144 Meekatharra Townsite - Road Widening ex Lots 510 and 511 DP186022 Road 145 Meekatharra Townsite - Porter Street DP181870 Road 146 Meekatharra Townsite - Road Deviations Great Northern Highway Road No. 703 GG22021974p564_2 Road 147 Meekatharra Townsite - corner of McCleary and Donovan Streets DP214757 Road 148 Meekatharra Townsite - corner Main and Savage Streets DP215819 Road 149 Meekatharra Townsite Streets CPP_504716 Road 150 Meekatharra Townsite - Stoddart Street, Gwalia Street and Consols Road DP188612 Road 151 Meekatharra Townsite - High and Savage Street DP214471 Road 152 Meekatharra Townsite - High Street DP144189 Road 153 Meekatharra Townsite - Road No. 7583 (deviation of part) GG22021974p564 Road 154 Meekatharra Townsite - Road No. 703 DP227848_2 Road 155 Meekatharra Townsite - Rubbish Tip Road DP217265_2 Road 156 Meekatharra Townsite - McCleary Street, Livingstone Street DP230234 Road 157 Meekatharra Townsite - Road No. 17329 - McCleary Street extension DP216054 Road 158 Meekatharra Townsite - Caddy Place D62623 Road 159 Meekatharra Townsite - Trenfield Court DP217086 Road 160 Meekatharra Townsite - Road No. 5710 CPP504717 Road 161 Meekatharra Townsite - Campbell Road - Road No. 5712 GG17121993p6692 Road 162 Meekatharra Townsite - Gascoyne Junction Road Misc_Plan_908 Road 163 Meekatharra Townsite - Great Northern Highway - Road No. 703 - road widening DP183647 Road 164 Meekatharra Townsite - R.O.W - off Queen Road DP182354 Road 165 Meekatharra Townsite - Lot 952 on Deposited Plan 217086 - corner of High and Queen Street DI60229 Road 166 Meekatharra Townsite - Savage Street Lot 501 on DP69309 DL773669 Road 167 Meekatharra Townsite - Meehan Street - Lot 3025 on DP74349 DM179545 Road 168 Meekatharra Townsite - road widening Lot 305 on DP402614 DN432570 Road 169 Meekatharra Townsite - Lots 302 and 317on DP402617 DN548360 Road 170 Meekatharra Townsite - road widening Great Northern Highway - Road No. 703 - Lot 304 on DP 405786 DN833421 Road 171 Road 5716 - Gabanintha Townsite passing through Reserve 10597 Gabanintha Townsite Plans 466/80 and 54/300
Historical Roads Cue
MapInfo ID. Description Shown on6 CLRD 001 Hicks Street and Fienberg Street GG08041988p1111 CLRD 002 Portion of Cowle Street GG10031989p709 CLRD 003 Deviation of Robinson Street GG27061941p866 CLRD 004 Cowle Street GG14091990p4780 CLRD 005 Portion of Austin Street and laneway off Livingstone Street DP1006035 CLRD 006 Deviation of Austin Street - road from Cue to Tuckanarra DP205509 CLRD 007 Portion of Livingstone Street and roads off Simpson Street and Chesson Street CPP504113 CLRD 008 Closure of road south off Robinson Street GG10031987 CLRD 009 Wittenoom Street CPP504110 CLRD 010 Allen Street GG01111991p5617 CLRD 011 Vulcan Street and laneway between Richmond and Robinson Street CPP504111
6 When interpreting the references in this column:
GG = Government Gazette (followed by the date in day, month, year format, followed by page number)
CPP = Cancelled Public Plan
DP = Deposited Plan
5. Railways
The former railways constructed pursuant to the Mullewa - Cue - Railway Act 1894, Cue - Naninne Railway Act 1896 and the Meekatharra - Wiluna Railway Act 1927 (all repealed) and whose lines are generally described in the Schedules to the Acts.
6. Taking Orders
The following Taking Orders
Taking Order No. L061743 L680662 N788662 DH865373 L017575 O635567
7. Public Works
Any other public works as that expression is defined in the Native Title Act and the Titles Validation Act (including the land and waters on which a public work is constructed, established or situated as described in s 251D of the Native Title Act) and to which s 12J of the Titles Validation Act, s 23C(2) of the Native Title Act or s 24JA and s 24JB(2) of the Native Title Act apply.
SCHEDULE FIVE
AREAS TO WHICH SECTIONS 47A AND 47B OF THE NATIVE TITLE ACT APPLY
Paragraph 8
1. Section 47A
Section 47A of the Native Title Act applies with the effect that any extinguishment by the creation of the following interests (and by the creation of any other prior interests in relation to the area of the following interests) is to be disregarded:
Interest Description / Purpose Cogla Downs Station - Pastoral Lease N049690 Held by Yulella Aboriginal Corporation for the benefit of Aboriginal and Torres Strait Islander people
2. Section 47B
Section 47B of the Native Title Act applies with the effect that any extinguishment over the following areas by the creation of any prior interest is to be disregarded:
MapInfo ID. Description Exclusions UCL 0798-0801, 0815-0818 and 0874 Part of former Doolgunna Station Area overlapped by the Gingirana #4 native title determination application (WAD230/220)7 UCL 0021, 0117, 0679-0680, 0761-0784, 0862-0873 Former Gabanintha townsite UCL 0739-0745, 0838-0853, 0857-0861 Former Star of the East (Porlell) townsite UCL 0822-0823 Former Lakeside Station Part covered by mining lease M21/07 as at 29 October 1999
7 See Schedule One, exclusion 1. This area is not part of the Determination Area.
MapInfo ID. Description Exclusions UCL 0046, 0048-0050 Former pastoral lease Part covered by mining lease M21/66 as at 29 October 1999 UCL 0597-0638, 0831-0833, 0888-089 Former township of Mainland Parts covered by mining lease M21/23 or M21/39-1 as at 29 October 19998
UCL 0787 Former part of Cogla Downs Station UCL 0114 Former reserve 13576 for water supply Part covered by mining lease M51/458 or M51/6609 as at 29 October 1999 UCL 0750-0752, 0897 Former reserve 36700 for water and former reserve 5312 for water surrounded by Cogla Downs pastoral lease
(b)Nothing in clause 11(a) above allows any upgrade, extension, widening or other improvement to the road or track other than work done to maintain it in reasonable repair and in order to leave it in substantially the same condition as it was prior to its use pursuant to clause 11(a).
12. Telstra Corporation Limited
The rights and interests of Telstra Corporation Limited (ACN 051 775 556):
(a)as the owner or operator of telecommunications facilities within the Determination Area;
(b)created pursuant to the Post and Telegraph Act 1901 (Cth), the Telecommunications Act 1975 (Cth), the Australian Telecommunications Corporation Act 1989 (Cth), the Telecommunications Act 1991 (Cth) and the Telecommunications Act 1997 (Cth), including rights:
(i)to inspect land;
(ii)to install, occupy and operate telecommunications facilities; and
(iii)to alter, remove, replace, maintain, repair and ensure the proper functioning of its telecommunications facilities;
(c)for its employees, agents or contractors to access its telecommunications facilities in and in the vicinity of the Determination Area in the performance of their duties; and
(d)under any lease, licence, permit, access agreement or easement relating to its telecommunications facilities in the Determination Area.
13. Other
The following rights and interests in the Determination Area:
(a)Rights and interests, including licences and permits, granted by the Crown in right of the State or of the Commonwealth pursuant to statute or otherwise in the exercise of its executive power and any regulations made pursuant to such statutes;
(b)Rights and interests held by reason of the force and operation of the laws of the State or of the Commonwealth including the Rights in Water and Irrigation Act 1914 (WA);
(c)Rights and interests of members of the public arising under common law, including but not limited to:
(i)the public right to fish;
(ii)the public right to navigate; and
(iii)the right of any person to use and enjoy any roads in the Determination Area (subject to the laws of the State) over which, as at the date of this determination, members of the public have a right of access under the common law;
(d) The right to access the Determination Area by:
(i)an employee, agent or instrumentality of the State;
(ii)an employee, agent or instrumentality of the Commonwealth; or
(iii)an employee, agent or instrumentality of any local government authority,
as required in the performance of his or her statutory or common law duty, including for the purpose of pest management control and fire hazard management on areas of unallocated Crown land;
(e)So far as confirmed pursuant to s 212(2) of the Native Title Act and s 14 of the Titles Validation Act as at the date of this determination, any existing public access to and enjoyment of:
(i) waterways;
(ii) beds and banks or foreshores of waterways;
(iii) stock routes; and
(iv) areas that were public places at the end of 31 December 1993;
(f) Any other:
(i)legal or equitable estate or interest in the land or waters of the Determination Area; or
(ii)right (including a right under an option and a right of redemption), charge, power or privilege over, or in connection with:
(A)the land or waters of the Determination Area; or
(B)an estate or interest in the land or waters of the Determination Area; or
(iii)restriction on the use of the land or waters of the Determination Area, whether or not annexed to other land or waters.
SCHEDULE SEVEN
NATIVE TITLE HOLDERS
Paragraph 3
The Native Title Holders are those Aboriginal persons who:
Under the traditional laws and customs of the Western Desert, have a spiritual connection to the claim area and the Tjukurpa associated with it on the basis of one or more of the following:
i.the claim area is his or her country of birth (also reckoned by the area where his or her mother lived during the pregnancy); or
ii.he or she has traditional geographical and religious knowledge of the claim area through a long-term association with the area; or
iii.he or she has an affiliation to the claim area through a parent or grandparent with a connection to the claim area as specified in sub-paragraphs (i) or (ii) above;
and
who are recognised under the traditional laws and customs by the other native title holders as having rights in the claim area.This currently includes:
(a)the descendants of Annie Wilba, Dolly Ward Bootha and Jimmy Wheelbarrow; and
(b)the following sibling set (where living) and their descendants:
Bert Dorizzi, Love Fraser (nee Dorizzi), Frank Dorizzi, Kevin Dorizzi, Quilla Dorizzi, Shirley Thorn (nee Dorizzi), Celia Martin (nee Dorizzi), Valerie Dorizzi, Ernest Dorizzi, Patricia Dorizzi and Richard Dorizzi.
REASONS FOR JUDGMENT
BANKS-SMITH J:
Introduction
The parties have sought and the Court has agreed to this Determination of native title under s 87A of the Native Title Act 1993 (Cth) as to part of an area the subject of the Yugunga‑Nya application.
The Yugunga-Nya application was originally made in 1996, and has since been the subject of many inter and intra-mural issues, amendments, variations and consolidations. The parties are to be commended for having resolved the issues sufficiently to now allow a determination over part of the claim area.
The Yugunga-Nya application covers approximately 21,305 square kilometres in the mid-west region of Western Australia. The claim area includes the towns of Meekatharra and Cue at its western edge, which is roughly defined by the Great Northern Highway. The eastern boundary of the claim area follows the Rabbit Proof Fence. The southern boundary is defined by a line running between a point south-west of Lake Austin to the Rabbit Proof Fence, while the northern boundary is marked by the northern extent of Ned's Creek Station.
Pastoral leases and mining tenements cover most of the claim area. There are also some large areas of unallocated Crown land where pastoral leases have been relinquished.
There are a number of historical mining towns in the claim area such as Mainland, Reedy, Naninne and Tuckanarra. The claim area continues to be important for mining.
The claim area is surrounded to the west, north-west, north, north-east, east and south respectively by a number of determinations, being: the Wajarri Yamatji People (Part A) (I.S. (Deceased) on behalf of the Wajarri Yamatji People (Part A) v State of Western Australia [2017] FCA 1215); Nharnuwangga (Clarrie Smith v State of Western Australia [2000] FCA 1249; (2000) 104 FCR 494); Gingirana (Atkins on behalf of the Gingirana People v State of Western Australia [2017] FCA 1465); Wiluna (WF (Deceased) on behalf of the Wiluna People v State of Western Australia [2013] FCA 755); Tjiwarl (Narrier v State of Western Australia [2016] FCA 1519); and Badimia (CG (Deceased) on behalf of the Badimia People v State of Western Australia [2015] FCA 204).
This Determination covers part of the claim area referred to as Yugunga‑Nya Part A, with some areas excluded (as described in the Determination), and with the expectation that a further determination will be pursued in due course.
For the reasons set out below, the Court is satisfied it is appropriate to make the orders sought, and that it is within the power of the Court to do so. This Determination records, recognises and protects the claimants' long-standing connection to country by traditional law and culture.
The materials before the Court
The Court has before it, relevantly:
(a)an amended originating application filed 10 March 2020 (Application);
(b)a minute of proposed consent determination of native title (Part A) filed on 16 July 2021 jointly prepared by the Applicant (defined at [13] below) and the State, and signed by all relevant parties (Minute);
(c)joint submissions on behalf of the Applicant and the State dated 16 July 2021 (Joint Submissions);
(d)first affidavit of Mr Franklin (Frank) Gaffney affirmed 15 July 2021 addressing, in particular, the process for authorising the Applicant to consent to this Determination;
(e)second affidavit of Mr Gaffney affirmed 11 August 2021 addressing, in particular, the registration of the Yugunga-Nya Native Title Aboriginal Corporation, its rule book and the resolution nominating it as the prescribed body corporate (PBC); and
(f)third affidavit of Mr Gaffney affirmed 31 October 2021, clarifying an error in the minutes of an authorisation meeting (evidence that I accept).
The application - procedural history
The orders made by the Court today reflect the outcome of a long and challenging process, beginning in 1996 with the making of one and then separate native title claims by several claim groups, consequent mediation and negotiation between the claim groups, and then negotiation between those groups and the State and other respondents, culminating in an amended originating application filed 10 March 2020. The parties and claimants are to be commended for their perseverance over such a long period of time. The efforts of Judicial Registrar Daniel in assisting to bring this Determination to fruition should also be acknowledged.
The Determination Area
The external boundaries of the Determination Area are described in Schedule One to this Determination (Attachment A to the orders) and shown on map 1 of Schedule Two.
Ten areas of the Yugunga-Nya application are excluded from the Determination Area. These areas are described in Schedule One to this Determination under the heading 'Exclusions'. They include an overlap area, being part of the Yugunga-Nya application area that is also subject to the application known as the Gingirana #4 Application, which has not as yet been determined: see generally Gilla on behalf of the Yugunga-Nya People v State of Western Australia (No 2) [2021] FCA 1174. The excluded areas also include parts of certain pastoral stations (now unallocated Crown land), leases and reserves where there is the potential that they may be included in a future determination, and certain freehold parcels which the State anticipates will be dealt with under Indigenous Land Use Agreements in due course.
The parties
As discussed further below in the context of authorisation of this Determination, the Native Title Act vests the carriage of a native title determination application in the 'applicant'. The Yugunga-Nya application is made by Evelyn Gilla, William (Bill) Shay, Leonie Gentle, Russell Little, Audrey Shar, Troy Little, Robyn Kelly, Elaine King, Nathanial Bann and Leonard Barnard (Applicant) on behalf of the Yugunga-Nya native title claimants.
The Yugunga-Nya native title holders are defined in this Determination made by the Court as those Aboriginal people who:
(a)under the traditional laws and customs of the Western Desert, have a spiritual connection to the claim area and the Tjukurpa associated with it on the basis of one or more of the following:
(i)the claim area is his or her country of birth (also reckoned by the area where his or her mother lived during the pregnancy); or
(ii)he or she has traditional geographical and religious knowledge of the claim area through a long-term association with the area; and
(iii)he or she has an affiliation to the claim area through a parent or grandparent with a connection to the claim area specified in sub‑paragraphs (i) or (ii) above; and
(b)are recognised under the traditional laws and customs by the other native title holders as having rights in the claim area.
This currently includes:
(a)the descendants of Annie Wilba, Dolly Ward Bootha and Jimmy Wheelbarrow; and
(b)the following siblings set (where living) and their descendants: Bert Dorizzi, Olive Fraser (nee Dorizzi), Frank Dorizzi, Kevin Dorizzi, Quilla Dorizzi, Shirley Thorn (nee Dorizzi), Celie Martin (nee Dorizzi), Valerie Dorizzi, Patricia Dorizzi and Richard Dorizzi.
The Joint Submissions properly drew the Court's attention to the fact that the description of the native title holders in Schedule Seven of the Minute does not precisely align with the description of those claiming native title in Schedule A of the Application. I accept the submission that the Court may make a determination in the terms proposed, as the variation has arisen as a result of additional genealogical/anthropological research undertaken in relation to the Yugunga-Nya application and in consultation with the Yugunga-Nya claimants. It has been agreed to by the Yugunga-Nya claimants and the State. Further, the Joint Submissions note that no person said to hold native title rights and interests is excluded. I therefore consider it appropriate to accept the variations: see Billy Patch on behalf of the Birriliburu People v State of Western Australia [2008] FCA 944 at [18]; and Watson on behalf of the Nyikina Mangala People v State of Western Australia (No 6) [2014] FCA 545 at [33].
The material provided to the State and the Joint Submissions as to connection
The Applicant provided the State with connection materials in support of the Yugunga‑Nya claimants' connection to, and occupation of, the Yugunga-Nya claim area. Those materials included a Yugunga-Nya Anthropology Report prepared by anthropologist Mr Kim McCaul dated 17 December 2019, which included site and resources registers; a further confidential report by Mr McCaul as to the connection between former respondents (referred to as the Ashwin respondents); a report by Mr McCaul as to the connection between the Dorrizis and the claim area; a Dreaming (Tjukurpa) Map and associated explanations for the Yugunga-Nya claim area; genealogies for the Yugunga-Nya claim group; and a report by Mr McCaul on occupation for the purposes of s 47A and s 47B of the Native Title Act dated 27 January 2021.
The Joint Submissions set out a summary of the facts about the Yugunga-Nya application relevant to the key concepts as to native title provided for in s 223 of the Native Title Act, and drawn from the connection material, material which formed the basis of the State's agreement to a consent determination. Because of the historical importance of such material, and having regard to the clarity with which the summary has been drafted, I will include the summary from the Joint Submissions in full (excluding footnotes).
The Joint Submissions state as follows:
Traditional laws and customs
45.The Yugunga-Nya people are members of a society united in and by acknowledgment of a shared body of laws and customs from which their rights and interests in the Determination Area are derived. The Yugunga-Nya people acknowledge and observe a body of laws and customs which has demonstrably evolved from the traditional laws and customs transmitted from and acknowledged by their ancestors who occupied the Determination Area at effective sovereignty, while still retaining all of the features of that traditional system.
46.Effective sovereignty refers to the approximate year or years by which the acknowledgement and observance of traditional laws and customs by any Aboriginal peoples then occupying the Determination Area are likely to have been materially affected by the presence or activities of non-Aboriginal people on or near to the Determination Area. In the Yugunga-Nya claim area, effective sovereignty was approximately 1890, the date of the first gold rush in the region. McCaul summarises his view of the impact of white settlement of the claim area by stating:
'While there is no detailed data for this area, our knowledge of other areas allows the inference that there would have been a "catastrophic" decline in the Aboriginal population as a result of the substantial non‑Aboriginal population influx during the mining boom in the late 19th century. The dramatic demographic shifts in this area are also highlighted in my view by the fact that today there are only three or four descent groups asserting rights and interests in this area.'
47.The system of law and custom under which people are affiliated to country, and which has been maintained and transmitted from generation to generation, since prior to effective sovereignty, and by reasonable inference since prior to the declaration of sovereignty in Western Australia in 1829, is held at the regional societal level. The rights and interests in land and waters which are distributed throughout the community of Yugunga-Nya native title holders are derived from this body of traditional laws and customs.
48.The relevant society for the purposes of the Yugunga-Nya Application is the Western Desert society. The Yugunga-Nya claimants follow the system of traditional law and custom that is shared with other members of the Western Desert Cultural Bloc (WDCB). This society is characterised by 'multiple pathways' to acquiring rights and interests in land and waters and the importance of Tjukurpa in governing social and political relations between its members.
49.The Yugunga-Nya Application shares a number of similarities with the Gingirana native title determination to its north and the Wiluna and Tjiwarl native title determinations to its east, in that:
(a)all the claims were brought on the basis that the claimants are part of a broader Western Desert society;
(b)there are 'multiple pathways' to acquiring rights and interests in the land and waters of the claim area;
(c)there has been a migration to the west by the apical ancestors over time; and
(d)the Tjukurpa/Tjukurrpa underpins the observance of traditional laws and customs.
Acquiring rights and interests in country
50.The Yugunga-Nya people hold rights and interests in the Determination Area under their system of traditional law through the 'multiple pathways' system of the WDCB. While birth may be the principal source for 'core' rights in country there are other avenues through which people gain rights in country, most notably long-term occupation when accompanied by intimate knowledge of the land and its religious geography.
51.McCaul states that:
'From a functionalist anthropological model, the emphasis on birth, as well as the provision of numerous other criteria, can be explained as an adaptation to an extremely harsh environment in which movement and a broad extent of rights and interests are essential to survival.'
52.Ron Shay (deceased) responded to the question of why he considered the claim area to be his country by saying 'Because I was born here and grew up around here'. Bill Shay supported this view by stating 'It's from your mother and father. Where you were born and reared up. They tell you, "that's your country''.'
Language
53.Kim McCaul states that:
'In terms of their cultural identity, claimants identify as Wanmala and Tjupan. Wanmala is found frequently across the ethnohistorical record for this area. It appears to have started as an exonym (i.e. a name given to people from the desert by their western neighbours) and has now become an autonym (i.e. a name people use for themselves). The name Tjupan is less frequent, but nonetheless consistently found in the relevant literature.'
54.Tjupan and Wanmala people are linked to the Ngayuwangka/Naiawaonga people identified by Daisy Bates as being associated with the Yugunga-Nya claim area in the early 20th century:
'The limited information we have suggests that Ngayuwangka [Ngaiawonga] were Western Desert people. Their linguistic identifier, the pronoun nagyu for "I", is the same used by contemporary Tjupan and Putitjara speakers. The locations with which this label is associated are places from which the ancestors of Tjupan and other Western Desert people are known to have come. And as discussed, Bates' data indicates their social orientation to places in the east. The labelling of these people as Wanmala, then, is not only consistent with the more contemporary views on the same name, but indicates a long-standing recognition by their western neighbours of them as somehow "different".'
55.McCaul notes that in this region '[l]inguistic identity appears to be secondary to the connections of the people to the country encompassed within a given claim area, a fact that reflects what seems to have been a particularly high fluidity of identity labels in this area even by Western Desert standards.'
Obligations to country derived from the Tjukurpa
56.The Yugunga-Nya people share with their neighbours to the north and east a belief in the Tjukurpa. Observance of the Tjukurpa requires the Yugunga-Nya people to maintain and protect significant sites in the Determination Area including places imbued with spiritual or cosmological significance. Such places include birth and burial places of claimants' forebears as well as important Tjukurpa sites, and law grounds of various kinds. It is common for important Tjukurpa places to be associated with age and gender prohibitions which highlight the importance accorded to transmission of cultural knowledge and ongoing respect for the traditions held by the senior generation.
57.Mount Yagahong in the claim area is one such site of enormous importance to the Yugunga-Nya people. It is associated with the Karlaya (Emu) Tjukurpa. McCaul recorded the story for Mt Yagahong from Ron Shay (deceased), with Bill, Rex [Mr Rex Shay (deceased)] and Rhonda Shay and Evelyn Gilla all present:
'From the air the hill looks like an emu lying on its nest. It is very important to us. We were born around here and lived here It's our home.
Dingoes attacked the emu while on the nest. The cliffs on the side of the hill are where the flesh was torn off the emu. The emu died here. When the emu died they [the dogs] pulled fat off it. Emu fat is yellow. That made gold.
Two little hills further west on the station are emu chicks, Little Bunggu and Big Bunggu. Two little chicks. They travelled to Kalgoorlie. The dogs pursued the chicks towards Kalgoorlie. Along the way they vomited up the emu fat and where they did they created gold.'
58.Audrey Shar and Evelyn Gilla both said that their mothers used to sing the song for Mt Yagahong. Audrey Shar said that Mt Yagahong is 'part of us'. For Leonie Gentle, 'that's [the hill] what it's [the native title claim] is all based on' and McCaul notes that 'in naming the claim after this key site, the claimants have made this sentiment very public'.
59.The Yugunga-Nya people treat Mt Yagahong with considerable respect and consider it their responsibility to look after the site. This is shown by the fact that they registered the site with the Department of Aboriginal Affairs (as it then was) as a sacred site and by their expressed desire to ensure that it is not impacted by mining. Bill Shay for example said that they had requested a 3km buffer zone around the hill to ensure companies could not drill sideways to get underneath it, 'because they'll go into mother's dreamtime story'.
60.McCaul notes that:
'Based on the claimants' knowledge of the tjukurpa for Mt Yagahong, their strong emotional attachment to it and their fearful respect of the spiritual dangers of the hill, it is my firm opinion that the claimants' connection to Mt Yagahong is fundamentally religious in nature and that this kind of connection to a particular site of significance is deeply traditional.'
61.Leonie Gentle, a senior member of the Yugunga-Nya claim group, demonstrates the ongoing transmission of knowledge of laws and customs by stating:
'Boys all take off together (to law time) because they have a job to do. To keep our hill alive. When we all finish they hold the reins to sing the song and start again.'
The State confirmed by the Joint Submissions that it considered the connection materials demonstrated to the requisite standard that:
(a)the claimants and their ancestors have maintained a presence in the claim area since the acquisition of British sovereignty;
(b)the claimants have continuously maintained a connection to the claim area pursuant to Western Desert traditional laws and customs;
(c)the claimants hold rights and interests in the claim area pursuant to Western Desert traditional laws and customs; and
(d)the claimants occupied the areas to which s 47A and s 47B of the Native Title Act are agreed to apply within the meaning of s 47A(1)(c) and s 47B(1)(c), as applicable, as set out at Schedules Three and Five of this Determination.
Authorisation of the Applicant
Section 61(1) of the Native Title Act permits the making of a native title determination application by a person or persons who are 'authorised by all the persons (the native title claim group) who, according to their traditional laws and customs, hold the common or group rights and interests comprising the particular native title claimed'. The authorised person or persons is defined by s 61(2)(c) jointly as the 'applicant'. The Native Title Act vests the carriage of a native title determination application in the applicant.
Section 251B provides:
Authorising the making of applications
For the purposes of this Act, all the persons in a native title claim group or compensation claim group authorise a person or persons to make a native title determination application or a compensation application, and to deal with matters arising in relation to it, if:
(a)where there is a process of decision-making that, under the traditional laws and customs of the persons in the native title claim group or compensation claim group, must be complied with in relation to authorising things of that kind - the persons in the native title claim group or compensation claim group authorise the person or persons to make the application and to deal with the matters in accordance with that process; or
(b)where there is no such process - the persons in the native title claim group or compensation claim group authorise the other person or persons to make the application and to deal with the matters in accordance with a process of decision-making agreed to and adopted, by the persons in the native title claim group or compensation claim group, in relation to authorising the making of the application and dealing with the matters, or in relation to doing things of that kind.
The role of an applicant appointed under s 61(1) is therefore quite distinct from that of the claim group (although members of the applicant must be members of the claim group). The reason for appointment of a designated applicant is to assist in dealings by the claim group with third parties. It is the applicant who may authorise the making of an application for a determination of native title and make decisions relating to it. The powers granted to the applicant by the Native Title Act are such that the evidence should clearly disclose that the applicant has had the opportunity to properly consider the proposed consent determination and has properly authorised it on behalf of the claim group: see generally Gomeroi People v Attorney-General of New South Wales [2016] FCAFC 75; (2016) 241 FCR 301 at [69]‑[82]; see also Butchulla People v State of Queensland [2006] FCA 1063; (2006) 154 FCR 233 at [38]‑[40]; Brown v State of South Australia [2009] FCA 206 at [21]-[24]; and Lyndon on behalf of the Budina 2 Claim Group v State of Western Australia [2021] FCA 134 at [32]‑[51].
In the present case Mr Gaffney has addressed the convening of meetings and the authorisation process in his first affidavit. Mr Gaffney is a solicitor and acts for the Applicant. Mr Gaffney explains that he met with members of the Applicant to share information relevant to informed decision making on 8 April 2021, and to provide a presentation on PBCs. Mr Gaffney received instructions at that meeting to continue to facilitate the consent determination process and to make certain amendments to the draft PBC rule book.
Mr Gaffney attended a second meeting with some of the members of the Applicant on 16 April 2021 to obtain in-principle agreement to the Minute. Those Applicant members who remained present at the meeting proposed two geographically separate meetings for the purpose of seeking authorisation from the claim group, a course that had previously been undertaken for claim group meetings. Mr Gaffney also provided copies of the proposed Minute and discussed the terms, including by reference to maps.
The claim group met on 8 June 2021 in Perth and on 10 June 2021 in Meekatharra to consider and authorise the Applicant to consent to the Yugunga-Nya determination. Mr Gaffney arranged for notice of the meetings to be given, both by public notice and by mail to claim group members. Information sessions were held at the venues prior to the resolutions being proposed. Mr McCaul spoke at both sessions, as did other speakers, including Mr Gaffney who explained (amongst other things) the reason for the split of the determination process into Parts A and B.
The ballots at the meeting were conducted and managed by the Western Australian Electoral Commission (Commission). The identity of the eligible voters was confirmed by reference to a members' register and, as to potential claimants whose names were not on the register, with the assistance of Mr McCaul. At the meetings, the claimants commenced by resolving to the effect that the members of the Yugunga-Nya claim group did not have a decision-making process under their traditional law and customs. They also resolved to the effect that the agreed decision‑making process relating to the proposed determination was by the conduct of the separate meetings in Perth and Meekatharra; with a secret ballot administered by the Commission; and with resolutions being carried by a simple majority of votes calculated from the total sum of votes cast at the two meetings.
That decision‑making process was followed, and the Commission's returning officer conducted a supervised count, providing certificates of results on 15 June 2021. The resolutions as to the decision-making process were carried, as were resolutions authorising the Applicant to amend the claim group description, re-authorising the Applicant, and authorising the Applicant to agree to the resolution of the Yugunga-Nya claim by consent, provided that the consent determination was in substantially the same form as the Minute.
The evidence therefore establishes and the parties agree that pursuant to an agreed and adopted decision‑making process, the claimants authorised the Applicant to consent to the consent determination in substantially the form of the Minute.
I am satisfied that the Applicant is authorised to consent to the Court making this Determination, a determination consistent with the terms of the Minute.
I note for completeness that the same members of the Applicant were also authorised to make a new native title claim with respect to the balance of the claim area if necessary and convenient.
Mr Gaffney's detailed evidence included minutes of the meetings and copy registers, and the Court is grateful for the information that was provided as to the meetings of the claimants.
The conditions in s 87A must be satisfied
Where, as in this case, agreement as to the determination of native title relates to a part of the claim area covered by an application, the power of the Court to give effect to the agreement reflected in a minute is found in s 87A of the Native Title Act. I am satisfied, and the Applicant and State agree, that in this case:
(a)the s 66 notice period has expired (s 87A(1)(b));
(b)there is agreement that the proposed determination relates to only part of the land and waters the subject of the Yugunga-Nya application (s 87A(1)(b));
(c)the relevant parties have filed the terms of their agreement, by providing the signed Minute (s 87A(1)(c), s 87A(1)(d) and s 87A(2));
(d)the Minute has been signed by all relevant and applicable respondent parties and by the Applicant (s 87A(1)(c)). This means no further notice is required to be given under s 87A(3); and
(e)there are no other registered native title claimants or persons who claim to hold native title in relation to the Determination Area (s 87A(1)(c)(ii) and (vi)).
I am satisfied that the orders sought are both consistent with the terms of the parties' agreement as reflected in the Minute, and are within the Court's power (s 87A(4)(a)).
Appropriate to make order
The exercise of the Court's discretion pursuant to s 87A of the Native Title Act imports the same principles as those which apply to the making of a consent determination under s 87: Brown (on behalf of the Ngarla People) v State of Western Australia [2007] FCA 1025 at [22]; and O'Connor on behalf of the Palyku People v State of Western Australia [2019] FCA 330 at [34].
Those principles are well recognised.
The discretion conferred by s 87(1) must be exercised judicially and within the broad boundaries ascertained by reference to the subject matter, scope and purpose of the Act. That includes the resolution of native title disputes by mediation and agreement: Hughes (on behalf of the Eastern Guruma People) v State of Western Australia [2007] FCA 365, citing Lota Warria on behalf of the Poruma and Masig Peoples v State of Queensland [2005] FCA 1117 at [7].
Against that backdrop, the Native Title Act does not necessarily require the Court to receive evidence and make findings, or even to form a concluded view, as to whether the legal requirements for proving native title have been met: Watson at [29]. Orders may be made when the Court is satisfied that the parties have freely and on an informed basis come to an agreement: Ward v State of Western Australia [2006] FCA 1848 at [8]. The requirements should not be construed so as to require evidence as if in a trial: Ward at [8].
However, there must be probative material before the Court to enable it to assess whether the matters set out in s 225 of the Native Title Act can be determined to exist, and to have always existed, so that the claimants' connection to their country, and their rights and interests in accordance with traditional law and custom can be recognised.
As is often the case, the principal source for the Court's assessment of those matters is what is contained in the joint submissions filed on behalf of the key active parties, being in this case (as is usual) the Applicant and the State. The role and obligations of the State are vital in applications such as this: Western Bundjalung People v Attorney General of New South Wales [2017] FCA 992 at [17], [20].
In this case, the State has through competent legal representation satisfied itself as to the cogency of the evidence upon which the Applicant relies, having undertaken an assessment process that has included close consideration of the connection material.
Based on all the material, and for reasons I have set out, the Court is satisfied that it is appropriate to make the determination of native title that is jointly sought by the relevant parties. The Court is also satisfied that the Determination sets out a description of the nature and extent of the native title rights and interests of the Yugunga-Nya claimants in relation to the Determination Area, and sets out the 'other interests', so as to comply with s 223 and s 225 of the Native Title Act.
Nomination of prescribed body corporate
Mr Gaffney explained through his first and second affidavits the process by which the Applicant has nominated the Yugunga-Nya Native Title Aboriginal Corporation (ICN 9509) to be the PBC pursuant to s 56(2)(a)(i) of the Native Title Act, and has filed documentary consent of the Yugunga-Nya Native Title Aboriginal Corporation to be the PBC pursuant to s 56(2)(a)(ii) of the Native Title Act.
Mr Gaffney deposed to addressing the PBC issue with the Applicant on the same occasions as are set out above with respect to the authorisation of the Applicant. The terms of the proposed rule book were discussed with the members of the Applicant present at the meetings of 8 April and 16 April 2021, and Mr Gaffney was instructed to establish the Yugunga-Nya Native Title Aboriginal Corporation on the Applicant's behalf. By way of a pre-incorporation meeting, the foundation PBC members were appointed and the necessary paperwork completed. Mr Gaffney submitted the paperwork to the Office of the Registrar of Indigenous Corporations (ORIC) as required.
At the 8 June 2021 and 11 June 2021 authorisation meetings in Perth and Meekatharra respectively, Mr Gaffney provided copies of the draft PBC rule book and membership application forms. Mr Gaffney said that he 'explained the proposed establishment of the PBC and the role that the PBC could have in the Yugunga-Nya people's journey to self‑determination'.
The attendees of the meetings voted, in accordance with the agreed and adopted process, to nominate the Yugunga-Nya Native Title Aboriginal Corporation to be the Yugunga-Nya PBC under the Native Title Act and to hold the determined native title rights and interests in trust.
Mr Gaffney annexed to his second affidavit a copy of the Yugunga-Nya Native Title Aboriginal Corporation certificate of registration and rule book. Mr Gaffney deposed to the fact that in accordance with rule 11.6.2 of the rule book, a circular resolution to directors nominating the corporation to be the PBC was signed by the requite majority, accepting Yugunga-Nya Native Title Aboriginal Corporation's nomination to hold native title in trust for the Yugunga-Nya native title holders.
I accept Mr Gaffney's careful evidence. Therefore, and having regard to s 55 of the Native Title Act, at the same time as making this Determination, the Court is able to determine pursuant to s 56(2)(b) of the Native Title Act that the Yugunga-Nya Native Title Aboriginal Corporation (ICN 9509) is to hold the rights and interests from time to time comprising the native title of the Yugunga-Nya native title holders in the Determination Area in trust for the common law holders of that title.
Conclusion
In considering applications for orders by consent such as in the present case, there are many standard matters that must be addressed by the Court in these written reasons. These matters of process and procedure are important to all involved, in light of the significance of the confirmation of native title. However, these reasons also provide an opportunity to commit to the public record important information about connection to country that might otherwise not be readily available.
The Court acknowledges the work of all those involved in providing a written record of the connection to country of the Yugunga-Nya native title holders, including the Applicant members past and present, the Applicant's solicitors and the State Solicitor's Office.
All parties are to be commended for pursuing this Determination over many years and for achieving this result for the claimant group. The Australian community now formally confirms and recognises the native title rights that have always existed over the area the subject of this Determination.
I certify that the preceding fifty-one (51) numbered paragraphs are a true copy of the Reasons for Judgment of the Honourable Justice Banks-Smith. Associate:
Dated: 2 November 2021
SCHEDULE OF PARTIES
WAD 29 of 2019 Respondents
Respondent:
COMMONWEALTH OF AUSTRALIA
Respondent:
TOM STANLEY JACKSON AND BARBARA WENDY JACKSON
Respondent:
CLYDE KENNETH HALL AND LIONEL JOHN HALL
Respondent:
JD AND SB HAYES (YOOTHAPINA STATION)
Respondent:
J A W FORD
Respondent:
SHIRE OF MOUNT MAGNET
Respondent:
SHIRE OF MEEKATHARRA
Respondent:
TELSTRA CORPORATION LIMITED
Respondent:
SANDFIRE RESOURCES LIMITED
- AGLC
- Gilla on behalf of the Yugunga-Nya People v State of Western Australia (No 3) [2021] FCA 1338
- Case
- [2021] FCA 1338
- Decision Date
CaseChat Overview and Summary
The central legal issues addressed by the Court were the validity of the Yugunga-Nya People's claim to native title over the Determination Area and the appropriate body to hold these rights in trust. The Court needed to consider the evidence provided and the statutory requirements under the Native Title Act 1993 (Cth) to make these determinations. Specifically, the Court had to decide if the evidence supported the existence of native title and whether the Yugunga-Nya Native Title Aboriginal Corporation was the appropriate trustee for these rights.
The Court accepted the evidence presented by Mr. Gaffney and found it sufficient to confirm the native title rights of the Yugunga-Nya People. Under section 55 of the Native Title Act, the Court determined that the Yugunga-Nya Native Title Aboriginal Corporation should hold the native title rights in trust for the common law holders. The Court commended all parties for their efforts in reaching this agreement and emphasised the significance of recognising the Yugunga-Nya People's connection to their land. The Court's decision not only confirms the native title rights but also recognises the longstanding connection of the Yugunga-Nya People to their country.
The Court's determination ensures that the Yugunga-Nya Native Title Aboriginal Corporation will hold the native title rights in trust for the Yugunga-Nya native title holders. This outcome reflects the Court's acknowledgment of the historical and ongoing connection of the Yugunga-Nya People to their land and provides a formal recognition of their rights by the Australian community.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
Ratio Decidendi
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