FEDERAL COURT OF AUSTRALIA
Harrington-Smith on behalf of the Darlot Native Title Claim Group v State of Western Australia (No 2) [2022] FCA 764
Table of Corrections 27 July 2022 In paragraph 28, “generations” has been replaced with “generation”. 27 July 2022 In clause 11(a) to Schedule Six, “clauses 0 and 10” has been replaced with “clauses 9 and 10”. 27 July 2022 In clause 11(c) to Schedule Six, “clauses 0 and 10” has been replaced with “clauses 9 and 10”. ORDERS
WAD 142 of 2018 BETWEEN: JUNE HARRINGTON-SMITH AND OTHERS ON BEHALF OF THE DARLOT NATIVE TITLE CLAIM GROUP
Applicant
AND: STATE OF WESTERN AUSTRALIA AND OTHERS
Respondents
ORDER MADE BY:
BROMBERG J
DATE OF ORDER:
5 JULY 2022
THE COURT NOTES THAT:
AThe Applicant in Federal Court of Australia proceeding WAD 142 of 2018 has made a native title determination application (Darlot Application).
BThe Applicant in the Darlot Application, the State of Western Australia and the other Respondents to the Darlot Application (the parties) have reached an agreement as to the terms of the determination that is to be made in relation to the land and waters covered by the Darlot Application (the Determination Area). The external boundaries of the Determination Area are described in Schedule 1 to the Determination which is Attachment A to these Orders.
CPursuant to s 87 of the Native Title Act1993 (Cth), the parties filed a Minute of Proposed Consent Determination of Native Title setting out the terms of the agreement reached by the parties in relation to the Darlot Application.
DThe terms of the agreement involve the making of a determination pursuant to ss 87 and 94A of the Native Title Act1993 (Cth) that native title exists in relation to some parts of the land and waters of the Determination Area.
EThe terms of the agreement also involve the making of consent orders for a determination pursuant to ss 87 and 94A of the Native Title Act1993 (Cth) that native title does not exist in relation to some parts of the land and waters of the Determination Area.
FThe parties acknowledge that the effect of the making of the Determination is that the members of the native title claim group, in accordance with the traditional laws acknowledged and the traditional customs observed by them, will be recognised as the native title holders for the Determination Area as set out in the Determination.
G.Pursuant to s 87(2) of the Native Title Act1993 (Cth), the parties have requested that the Court determine the Darlot Application without holding a hearing.
HThe Applicant has nominated the Watarra Aboriginal Corporation (ICN 9712) pursuant to s 56(2)(a) of the Native Title Act1993 (Cth) to hold the determined native title in trust for the native title holders.
IThe Watarra Aboriginal Corporation (ICN 9712) 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 to these Orders is within the power of the Court and, it appearing to the Court appropriate to do so pursuant to ss 87 and 94A of the Native Title Act1993 (Cth) 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 142 of 2018 in the terms of the Determination as provided for in Attachment A.
2.The Watarra Aboriginal Corporation (ICN 9712) 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 (section 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 (section 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 (sections 225(b) and 225(e) Native Title Act)
Exclusive rights and interests
4.Subject to paragraphs 2, 6 and 10, 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 2, 6, 7 and 10, 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, traverse, remain in and move about the area;
(b)camp and erect shelters on the area;
(c)access, use and take for any purpose the resources of the area;
(d)hold meetings, participate in cultural activities and conduct ceremonies;
(e)maintain and protect places of significance on the area; and
(f)receive a portion of any resources (not including minerals or petroleum) taken from the Determination Area by Aboriginal people who are also governed by Western Desert traditional laws and customs.
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 ss 47A or 47B of the Native Title Act apply
8.Sections 47A and 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 to 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:
All those lands and waters commencing from the easternmost southeastern corner of Reserve 30897 being a point on the present boundary of Native Title Determination WAD225/2018 Kultju (WCD2019/012) and extending easterly, generally southerly, again easterly, northerly and again easterly along the boundaries of that native title determination to the northernmost northeastern corner of Pastoral Lease N049788 (Melrose); Then southerly, generally westerly, again southerly, easterly and again southerly along the boundaries of that pastoral lease to Latitude 27.761726 South; Then easterly to Latitude 27.764411 South, Longitude 121.586366 East; Then northeasterly to the intersection of an eastern boundary of Lot 42 as shown on Deposited Plan 238049 (Pastoral Lease N050400 (Banjawarn)) with a line joining Latitude 27.764411 South, Longitude 121.586366 East and Latitude 27.516293 South, Longitude 122.136746 East; Then southerly, easterly, again southerly, westerly, again southerly, generally southeasterly and generally westerly along the boundaries of that lot to the easternmost northeastern corner of Lot 43 as shown on Deposited Plan 238402 (Pastoral Lease N049822 (Nambi)); Then southerly along the boundary of that lot to the northernmost northeastern corner of Lot 35 as shown on Deposited Plan 238402 (Pastoral Lease N049822 (Nambi)); Then generally southerly along the boundaries of that lot to its southernmost southeastern corner; Then southwesterly to the intersection of a line joining the southernmost southeastern corner of Lot 35 as shown on Deposited Plan 238402 (Pastoral Lease N049822 (Nambi)) to the northern corner of Lot 21 as shown on Deposited Plan 220928 with a line joining Latitude 28.789849 South, Longitude 121.799120 East and Latitude 28.786713 South, Longitude 121.811331 East; Then generally southwesterly through the following coordinate points:
LATITUDE (SOUTH) LONGITUDE (EAST) 28.789849 121.799120 28.791172 121.785761 28.793259 121.774973 28.794869 121.765555 28.796576 121.757450 28.798282 121.749344 28.800085 121.742553 28.801791 121.734447 28.804116 121.726942 28.806393 121.718780 28.809144 121.709248 28.811991 121.701029 28.815458 121.693410 28.817635 121.683932 28.820530 121.676369 28.822804 121.668204 28.825175 121.661354 28.828117 121.654446 28.831059 121.647538 28.833903 121.639316 28.837890 121.630981 28.841827 121.621989 28.847382 121.611512 28.852265 121.599776 28.858340 121.588583 28.863589 121.572348 28.870497 121.550964
Then southwesterly to the easternmost northeastern corner of Lot 93 as shown on Deposited Plan 243239 (Reserve 7521); Then southerly along the boundary of that lot to the intersection with the northern boundary of the northern severance of Lot 1 as shown on Deposited Plan 243239 (Reserve 7521); Then easterly and southerly along the boundaries of that severance to its southeastern corner; Then southerly to the northeastern corner of the southern severance of Lot 1 as shown on Deposited Plan 243239 (Reserve 7521); Then southerly and westerly along the boundaries of that severance to the southernmost southeastern corner of Lot 93 as shown on Deposited Plan 243239 (Reserve 7521); Then generally westerly along the boundary of that lot to the intersection with the eastern boundary of the present Malcolm Townsite boundary; Then southerly along that townsite boundary to the northernmost northeastern corner of the easternmost severance of Lot 92 as shown on Deposited Plan 243239 (Reserve 7521); Then southerly, easterly and southwesterly along the boundaries of that severance to its southwestern corner; Then west to a western boundary of the Menzies-Leonora Railway being a point on the present boundary Reserve 7521; Then southwesterly and westerly along the boundaries of that reserve to the intersection with an eastern boundary of Reserve 10096; Then southerly and westerly along the boundaries of that reserve to its southwestern corner; Then southeasterly and northwesterly through the following coordinate points:
LATITUDE (SOUTH) (SOUth(SOUTH) LONGITUDE (EAST) 29.003734 121.500580 28.982724 121.386055
Then northwesterly to the intersection of the centreline of the Goldfields Highway with Latitude 28.979523 South; Then generally southerly and generally southwesterly along the centreline of that highway to the intersection with the northern boundary of the eastern severance of the Menzies Townsite boundary; Then westerly, southerly, southeasterly, generally southwesterly, generally southeasterly and generally northeasterly along that townsite boundary to the intersection with the centreline of the Goldfields Highway at approximate Latitude 29.703175 South; Then generally southeasterly along the centreline of that highway to the intersection with a line joining Latitude 29.748470 South, Longitude 121.194443 East and Latitude 29.749000 South, Longitude 121.055613 East; Then westerly to Latitude 29.749000 South, Longitude 121.055613 East; Then westerly to the intersection of Longitude 121.044594 East with a line joining Latitude 29.757126 South, Longitude 120.634704 East and Latitude 29.749000 South, Longitude 121.055613 East; Then northwesterly to the southernmost corner of western severance of the Menzies Townsite boundary; Then northwesterly along that townsite boundary to its westernmost corner; Then northwesterly to the intersection of a southern boundary of Dedicated Road No. 1100 (Evanston-Menzies Road) with Longitude 121.012125 East; Then southwesterly along the southern boundary of that dedicated road to the intersection with the prolongation southerly of the western boundary of Lot 45 as shown on Deposited Plan 220928 (Pastoral Lease N050241 (Melita)); Then northerly along that prolongation and the western boundary of that lot to the southwestern corner of Lot 51 as shown on Deposited Plan 220520 (Pastoral Lease N050635 (Sturt Meadows)); Then northerly along the boundary of that lot to the southernmost southwestern corner of Lot 61 as shown on Deposited Plan 220520 (Pastoral Lease N050635 (Sturt Meadows)); Then northerly, westerly and again northerly along the boundaries of that lot to its northernmost northwestern corner; Then northwesterly to the southernmost southwestern corner of the southwestern severance of Pastoral Lease N049440 (Weebo); Then northerly, generally westerly and again northerly along the boundaries of that severance to the westernmost southwestern corner of Lot 176 as shown on Deposited Plan 36232 (Reserve 9699); Then northerly along the boundary of that lot to the intersection with a western boundary of Pastoral Lease N049440 (Weebo); Then northerly, easterly and again northerly along the boundaries of that pastoral lease to Latitude 28.079015 South; Then northeasterly through the following coordinate points:
LATITUDE (SOUTH) LONGITUDE (EAST) 28.043090 120.856286 28.027811 120.881008 28.006950 120.925175 28.004532 120.938648 28.003504 120.952592 27.999948 120.968397 27.998672 120.983311
Then westerly to the intersection of an eastern boundary of Pastoral Lease N049438 (Leinster Downs) with Latitude 27.998672 South being a point on the present boundary of Native Title Determination WAD228/2011 Tjiwarl (WCD2017/001); Then generally northerly and easterly along the boundaries of that native title determination back to the commencement point.
Note: Geographic Coordinates provided in Decimal Degrees.
All referenced Deposited Plans and Diagrams are held by the Western Australian Land Information Authority, trading as Landgate.
Cadastral boundaries sourced from Landgate’s Spatial Cadastral Database dated 1st November 2021.
Goldfields Highway Centreline sourced from Landgate’s Road Centreline dataset.
For the avoidance of doubt the determination excludes any land and waters subject to:
Native Title Determination Application WAD225/2018 Kultju (WCD2019/012) as Determined in the Federal Court on the 30/10/2019.
Native Title Determination Application WAD228/2011 Tjiwarl (WCD2017/001) as Determined in the Federal Court on the 27/04/2017.
Native Title Determination Application WAD597/2018 Tjalkadjara (WC2018/025) as filed in Federal Court on the 17/12/2018.
Native Title Determination Application WAD91/2019 Nyalpa Pirniku (WC2019/002) as accepted for registration on the 15/05/2019.
Native Title Determination Application WAD186/2017 Maduwongga (WC2017/001) as accepted for registration on the 03/08/2017.
Datum: Geocentric Datum of Australia 2020 (GDA2020)
Prepared By: Graphic Services (Landgate) 15th December 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 NTA applies:
Interest
Description / Purpose
Reserve 10575 Use and Benefit of Aboriginal People and Cultural Heritage Protection Reserve 11119 Use and Benefit of Aboriginal Inhabitants Reserve 24481 Use and Benefit of Aboriginal Inhabitants Reserve 30127 Native Housing Reserve 30896 Use and Benefit of Aborigines Reserve 34913 Aborigines Community Centre and Short Stay Accommodation Reserve 35509 Use and Benefit of Aboriginal Inhabitants Reserve 41510 Use and Benefit of Aboriginal Inhabitants
2.Areas where s 47B of the NTA applies:
MapInfo ID.
Description
Exclusions
UCL 0082 That portion of UCL 0082 (Lake Ballard) that falls within the Determination Area UCL 0103 10 Mile Outcamp UCL 1244 UCL between Menzies and Lake Ballard UCL 0043, UCL 0067- UCL0074, UCL 0083, UCL 0105, UCL 0696- UCL 0882, UCL 1144- UCL1146, UCL 1179, UCL 1189 UCL in and around the Historic Townsite of Malcolm Part covered by mining lease M37/1164 as at 10 April 2018 UCL 1141 UCL east of Reserve 11119 in the town of Leonora
SCHEDULE FOUR
AREAS WHERE NATIVE TITLE DOES NOT EXIST
Paragraph 2
Native title does not exist in relation to land and waters the subject of the following interests within the Determination Area which, with the exception of public works (as described in clause 8 of this Schedule), are generally shaded in pink on the maps in Schedule Two.
For the avoidance of doubt, unless otherwise specified, the following interests are as contained in the MapInfo Tenure Information prepared by the Western Australian Land Information Authority dated 21 January 2021.
1.Freeholds
The following grants of estates in fee simple:
Current Freehold
Certificate of Title
CT0004500029A CT001820002 CT0022500009 CT0023700121 CT0023700123 CT0026600163 CT0038300093A CT0041500089 CT0041900049 CT0042100090 CT0042100091 CT0042100092 CT0042100159A CT0042100167 CT0043700098 CT0043700099 CT0043900037 CT0044000199A CT0045600017 CT0045900133 CT0046700099 CT0047300040 CT0047400003A CT0050300153A CT0050300154A CT0051700010A CT0054300099 CT0055300196A CT0056200051 CT0057000021A CT0057000024A CT0057000025A CT0057000026A CT0061400038 CT0064900031 CT0067400056 CT0073900117 CT0096600188 CT0100600746 CT0101200616 CT0106400376 CT0106500340 CT0107600509 CT0107700995 CT0108100738 CT0108500515 CT0108600132 CT0109400834 CT0110200596 CT0110600005 CT0111200860 CT0116600598 CT0118100776 CT0122200402 CT0123100998 CT0124000945 CT0132400383 CT0133000155 CT0133300047 CT0133700807 CT0134900209 CT0137200190 CT0137200191 CT0137200192 CT0137300398 CT0137300399 CT0138300365 CT0138300366 CT0138300376 CT0138300378 CT0139400850 CT0139400851 CT0140300374 CT0140300375 CT0140300376 CT0140300377 CT0141700838 CT0141700839 CT0142800638 CT0143600080 CT0143800545 CT0145300126 CT0152000400 CT0154800308 CT0154800310 CT0155500098 CT0155700587 CT0156400210 CT0157000124 CT0157000125 CT0157000151 CT0157000158 CT0157100593 CT0157600399 CT0158400063 CT0159400721 CT0159900891 CT0160200004 CT0160200033 CT0160400316 CT0161700693 CT0161900373 CT0162100048 CT0163600992 CT0164300932 CT0164600386 CT0165000514 CT0165100983 CT0165400214 CT0165400266 CT0166400359 CT0166700940 CT0166700941 CT0167600095 CT0167600097 CT0167800464 CT0167800805 CT0167900004 CT0168900698 CT0169100442 CT0169300298 CT0169900103 CT0170500066 CT0170600172 CT0170600336 CT0170600337 CT0171000107 CT0171000116 CT0171900994 CT0171900995 CT0171900996 CT0172700325 CT0172700997 CT0173500459 CT0174000182 CT0174000264 CT0174600529 CT0175200988 CT0175400159 CT0175400160 CT0175400161 CT0175500103 CT0176200837 CT0176500595 CT0176500660 CT0176500661 CT0176800787 CT0176800788 CT0177400719 CT0177700952 CT0178300911 CT0178300912 CT0178300965 CT0178400098 CT0178400544 CT0178600117 CT0178800124 CT0179600234 CT0179800481 CT0180100794 CT0180100796 CT0180100797 CT0180600435 CT0180600876 CT0180600918 CT0180900096 CT0180900097 CT0181300645 CT0181500765 CT0182500175 CT0182500176 CT0182700697 CT0183100344 CT0183400020 CT0183400021 CT0183700537 CT0184000516 CT0184000517 CT0184100204 CT0184800151 CT0185000514 CT0185000536 CT0185000570 CT0185100674 CT0186200349 CT0186300897 CT0186500195 CT0186500336 CT0186800037 CT0186900608 CT0187300563 CT0188000628 CT0188000631 CT0188100918 CT0188100919 CT0188100921 CT0188400348 CT0188500284 CT0188700642 CT0188800461 CT0188800462 CT0189100061 CT0189400934 CT0189400942 CT0189900506 CT0189900507 CT0189900508 CT0189900509 CT0189900510 CT0189900511 CT0189900512 CT0189900513 CT0189900514 CT0189900515 CT0189900516 CT0190400342 CT0190900095 CT0190900096 CT0191100272 CT0191100282 CT0192000353 CT0192000354 CT0192000355 CT0192000356 CT0192000357 CT0192100292 CT0192800106 CT0192800197 CT0193300144 CT0193300788 CT0193600341 CT0193700758 CT0194400281 CT0194500218 CT0194800667 CT0195200197 CT0195200198 CT0195200948 CT0195200949 CT0195900285 CT0196000108 CT0196100080 CT0196300004 CT0197600125 CT0197600126 CT0199300357 CT0199500718 CT0199700745 CT0200100100 CT0200500816 CT0201600286 CT0201600287 CT0201800369 CT0203600359 CT0203600360 CT0204000891 CT0205000824 CT0205900375 CT0206000738 CT0208000601 CT0208800998 CT0209200700 CT0209500002 CT0209500781 CT0209800004 CT0210000039 CT0210300120 CT0210400233 CT0210400247 CT0210800160 CT0210800161 CT0210800162 CT0211100603 CT0212500542 CT0212500543 CT0212800372 CT0213200023 CT0213200024 CT0213700346 CT0213700347 CT0214100488 CT0214200099 CT0214700366 CT0214900259 CT0215700059 CT0217000768 CT0217800213 CT0218200350 CT0218800396 CT0219700127 CT0220200306 CT0220200345 CT0220700789 CT0220700797 CT0221000217 CT0221800598 CT0221800599 CT0221800600 CT0221800608 CT0222000731 CT0222000732 CT0222000733 CT0222000734 CT0222000735 CT0222000736 CT0222000737 CT0222000738 CT0222000739 CT0222000740 CT0222000741 CT0222000742 CT0222000743 CT0222000744 CT0222000745 CT0222000746 CT0222000747 CT0253600574 CT0253600575 CT0256400923 CT0258500891 CT0258500892 CT0265500639 CT0265500640 CT0267100999 CT0267400650 CT0267400651 CT0267400652 CT0267400653 CT0267600104 CT0267600111 CT0268700617 CT0271200318 CT0271200396 CT0274100756 CT0274100757 CT0274500010 CT0274500011 CT0274600167 CT0274600546 CT0274600547 CT0274600555 CT0274600556 CT0274600557 CT0274600564 CT0274800767 CT0275800271 CT0275800272 CT0277300648 CT0277300649 CT0277400059 CT0277400060 CT0277400061 CT0277400062 CT0277400063 CT0277400064 CT0277400065 CT0277400066 CT0277400067 CT0277400068 CT0277400069 CT0277400070 CT0277400071 CT0277400072 CT0279400173 CT0281200328 CT0283700584 CT0286300899 CT0288400788 CT0291800983 S032298 S032461 S053320
Historical Freehold
Certificate of Title
CT0011900122 CT0011900124 CT0011900125 CT0011900126 CT0011900194 CT0011900197 CT0012100086 CT0012100087 CT0012100102 CT0012100103 CT0012100104 CT0012100105 CT0012100106 CT0012100107 CT0012100108 CT0012100109 CT0012100110 CT0012100111 CT0012100112 CT0012100113 CT0012100114 CT0012100119 CT0012200153 CT0012200154 CT0012200163 CT0012300194 CT0012300195 CT0012400189 CT0012400190 CT0012500081 CT0012700036 CT0012700049 CT0012700088 CT0012700100 CT0012700160 CT0012700161 CT0016700041 CT0016700136 CT0016700179 CT0017000038 CT0017300099 CT0017600115 CT0017600156 CT0017900063 CT0018200002 – subject to current lease K087989 CT0018200003 CT0018200040 CT0018200095 CT0018200120 CT0018200146 CT0018200189 CT0018600062 CT0018600063 CT0018600123 CT0018600154 CT0019200110 CT0019200142 CT0019600124 CT0019600175 CT0019600176 CT0019600191 CT0019900192 CT0020300180 CT0020300184 CT0020300193 CT0020600005 CT0020700195 CT0020800106 CT0020800127 CT0020800128 CT0020800129 CT0020800130 CT0020900094 CT0020900095 CT0020900096 CT0020900097 CT0021000065 CT0021000066 CT0021000067 CT0021000068 CT0021000069 CT0021000070 CT0021000071 CT0021300120 CT0021300129 CT0021400102 CT0021400103 CT0021400104 CT0021400105 CT0021500025 CT0021500026 CT0021600002 CT0021600003 CT0021600004 CT0022200108 CT0022200109 CT0022200110 CT0022200111 CT0022300010 CT0022300123 CT0022300124 CT0022600043 CT0022700019 CT0022800027 CT0022900059 CT0023100064 CT0023100065 CT0023100108 CT0023300188 CT0023400166 CT0023600027 CT0023800035 CT0023900068 CT0024000195 CT0024000196 CT0024000197 CT0024100097 CT0024100098 CT0024300130 CT0024600026 CT0024600027 CT0024800055 CT0024800056 CT0024900001 CT0024900002 CT0025200079 CT0025200080 CT0025200147 CT0025300155 CT0025500116 CT0025600033 CT0025700151 CT0025800065 CT0025800066 CT0025800067 CT0026000158 CT0026200100 CT0026200101 CT0026300002 CT0026300182 CT0026300183 CT0026300191 CT0026600091 CT0026600168 CT0026700145 CT0026800031 CT0026900084 CT0026900086 CT0026900087 CT0027000029 CT0028100141 CT0028900117 CT0028900118 CT0028900119 CT0029000012 CT0029700150 CT0299199199 CT0031700174 CT0032800032 CT0034400174 CT0034900051 CT0036300004 CT0036400114 CT0037200148 CT0039200178 CT0039200179 CT0040300125 CT0040500126 CT0040500139 CT0041200170 CT0041600163 CT0041700137 CT0041800035 CT0041800036 CT0042100089 CT0042100093 CT0042100164 CT0042300034 CT0042400126 CT0042700148 CT0043500005 CT0043700097 CT0043800044 CT0043900141 CT0043900144 CT0043900155 CT0044100137 CT0044500162 CT0045500005 CT0045600084 CT0046000037 CT0046600036 CT0047800028 CT0047800029 CT0048800084 CT0049700129 CT0050000086 CT0050600035 CT0050700058 CT0051400015 CT0051800011 CT0052200140 CT0054400137 CT0061400036 CT0064600142 CT0068100024 CT0068700099 CT0069100066 CT0091500178 CT0110500936 CT0123800942 CT0129600663 CT0135700303 CT0136200070 CT0270800445 CT0270800446 CT0270800447 CT0270800448 CT0299100199 GT0001700357 SR0000100691
2.Reserves
The following reserves:
Reserve No.
Current / Last Purpose
3383 Water 3384 Water 4378
(Cancelled)
Recreation 4619 Water 4944 Recreation 4989 Mechanics Institute 5213 Water 6504 Water 6721 School Education Act 1999 6784 Explosives 7030 Water 7059 Water Act 57 Vic No 20 7112 Water Act 57 Vic No 20 7224
(Cancelled)
Common 7524 Hospital and Allied Station 7564 Water Act 57 Vic No 20 7746
(Cancelled)
Fire Brigade Station 7794
(Cancelled)
Rifle Range 8193
(Cancelled)
Water and Municipal 8328
(Cancelled)
Water 8723
(Cancelled)
Rifle Range Gwalia Rifle Club 8946 Recreation and Water 9127
(Cancelled)
Explosives 9681 Water 10026 Preservation of Historic Buildings 10219
(Cancelled)
Rubbish Depot 10245
(Cancelled)
Camping Ground for Asiatics 10867 Water Supply 11267 Water Supply 11723 State Battery 11578
(Cancelled)
Municipal Tramways 12087
(Cancelled)
Literary Institute 16684
(Cancelled)
Sanitary Site 17140 Water 17302 Water 17658
(Cancelled)
Resting Place for Travellers and Stock 17899 Water and Camping 19701
(Cancelled)
Recreation 20018
(Cancelled)
Government Requirements 20476 Common 21268
(Cancelled)
Water 21301
(Cancelled)
Recreation Hockey 21536
(Cancelled)
Recreation 22194 Explosives 23114
(Cancelled)
Children's playground 23752 Racecourse 23925
(Cancelled)
Public Utility 23926
(Cancelled)
Public Utility 24145 Mineral Processing 25444
(Cancelled)
Recreation Golf Club House and Tennis Courts 25802 Preservation of Historic Buildings 25852 Recreation 25897 Native Housing 28602
(Cancelled)
Caravan Park 28826 Use and Requirement of Shire of Leonora 30726 Housing Native Welfare Department 31025 Water Supply 31803
(Cancelled)
Police 31222 For the Purpose of the School Education Act 1999 31803 Police 32544 Recreation Gun Club 32799 Water Supply Depot 33509
(Cancelled)
Recreation 33510 Drainage 33934 Community Health Services 34102
(Cancelled)
Power Station Site 35047 Preservation of Historical Buildings 35852 Recreation and Drainage – part extinguished other than portion covered by Leonora Golf Course 36313 Water Supply 36034 Railway Purposes 36509 Telecommunications Microwave and Broadcast Services Site 37087 Mineral Processing 37672
(Cancelled)
Tourist Centre 37961 Depot Site 38394 Quarry Main Roads Department 38422 Depot Site Main Roads Department 38442 Water Supply 38928 Water Supply 38978 Depot Site 39005 Telecommunications 39607 Drainage 40502
(Cancelled)
Sanitary Site – part extinguished other than portion now UCL 1174 41577 Sewage Pumping Station 41609 Rubbish Disposal Site 41895 Ambulance Depot 41956 Sewage Treatment Plant 42061 Recreation 42233 Tourist Information Bay 42235 Public Utilities Services 42310 Repeater Station Site 42827 Waste Water Treatment Plant 42840 Repeater Station Site 44116 Repeater Station Site 44262 Parking 44500 Public Utility Services 44630 Health (Multi-Purpose Health Centre) 45374 Drainage and Public Utility 46874 Recreation 47335
(Cancelled)
Use and Requirements of the Shire of Leonora 47340 Rifle Range 51016 Public Recreation 51017 Public Recreation
3.Leases
The following leases:
Lease No.
Current / Last Purpose
General Leases GE H266487 Light Industry GE H745671 Single Men's Quarters GE H755165 Office and Employee Accommodation GE H838382 Single Persons Quarters GE H859922 Residence GE I115133 Truck Parking GE I126341 Grazing GE I126366 Residence and Cultivation and Grazing GE I126873 Grazing GE I126880 Residence, Grazing and Uses Ancillary to the Mining Industry GE I131296 Temporary Staff Quarters GE I131318 Staff Quarters GE I134837 Residence GE I135162 Light Industry GE I154262 Single Men's Quarters GE I258343 Grazing GE I478683 GE I595862 GE I774197 Single Men's Quarters Leases 1125/41A Grazing 1256/41A Pastoral Purposes 0392/42 Hall Site 0503/42 Rifle Range 332/1015 Grazing – subject to current lease N477321 332/1219 State Hotel 332/1232 Grazing 332/1284 Pastoral Purposes 332/1697 Grazing 332/1698 Grazing 332/1724 Grazing - subject to current lease N622312 332/1771 Grazing 332/1802 Grazing - subject to current lease N199620 332/1910 Grazing 332/2009 Grazing – subject to current lease M106297 332/2152 Grazing 332/2170 Grazing – subject to current reserve lease N434164 333/0443 Hotel 333/0570 Race Course GE I126330 See lease 332/1771 above GE I135159 See lease 332/2170 above GE I150603 See lease 332/2152 above GE K410680 Relates to current lease M106297 still being reviewed GE N104719 GE N147663 Leases of a Town or a Suburban Lot 3117/0410 3117/0411 3117/0676 3117/0804 3117/0805 3117/0952 Subject to current lease J864438 3117/1382 3117/1384 Subject to current lease O152872 3117/2084 3117/2140 3117/2259 3117/2294 3117/2443 3117/2474 3117/2532 3117/2533 3117/2534 3117/2581 3117/2633 3117/2634 3117/2657 3117/2680 3117/2681 3117/2739 3117/2776 Subject to current lease N105296 3117/2777 3117/2822 Subject to current lease N641043 3117/2886 3117/2887 3117/2995 3117/2996 3117/3203 3117/3204 Subject to current lease N105607 3117/3294 3117/3295 3117/3296 3117/3297 3117/3298 3117/3312 3117/3321 3117/3341 3117/3384 1301/153 1302/153 1635/153 1643/153 1648/153 2253/153 2264/153 2320/153 2355/153 2463/153 2464/153 Subject to current lease N104090 2570/153 2832/153 2902/153 2922/153 2947/153 2964/153 2971/153 3067/153 3119/153 3319/153 3402/153 3647/153 3843/153 3888/153 4421/153 5034/153 5044/153 5067/153 Subject to current lease O152874 5293/153 5334/153 5375/153 5402/153 5554/153 5763/153 5845/153 5986/153 6012/153 6119/153 6120/153 6224/153 6225/153 6226/153 Subject to current lease I600530 6298/153 Subject to current lease N105475 6299/153 6301/153 6302/153 6303/153 6304/153 6305/153 6307/153 6310/153 6313/153 6315/153 6316/153 6318/153 6319/153 6320/153 6321/153 6322/153 6323/153 6326/153 6327/153 Subject to current lease N313605 6329/153 6336/153 6337/153 6338/153 6339/153 6340/153 6342/153 6351/153 6352/153 6353/153 6368/153 6369/153 Subject to current lease N105482 6370/153 6384/153 6393/153 6408/153 6419/153 6438/153 Subject to current Lease M633241 6460/153 6462/153 6465/153 6569/153 6594/153 6600/153 6602/153 6603/153 6604/153 6726/153 6771/153 Residential Areas 21/3015 21/3016 21/3017 21/3018 21/3019 21/3021 21/3025 21/3027 21/3140 21/3344 21/3345 21/3346 21/3347 21/3348 21/3350 21/3351 21/3352 21/3353 21/3354 21/3355 21/3356 21/3357 21/3358 21/3359 21/3360 21/3361 21/3362 21/3363 21/3364 21/3365 21/3437 21/3518 21/4070 21/4071 21/4117 21/4127 21/4181 21/4195 21/4248 21/4276 21/4294 21/4298 21/4390 21/4392 21/4410 21/4465 21/4563 Residential Leases 0001/22 0412/22 0418/22 0431/22 0525/22 0596/22 Special Leases 0539/152 Explosives Magazine Site 1374/152 Residence 3116/00558 Residence 3116/01179 Residence 3116/02460 Business Purposes 3116/02660 Site for a Drive-in-Theatre 3116/02764 A Site for a Store 3116/03152 Grazing 3116/04497 Office and Employee Accommodation 3116/04645 Residence 3116/04649 Vehicle Parking and Storage 3116/04703 Residence 3116/04704 Business and Residence – subject to current lease M846238 3116/04705 Business and Residence 3116/06641 Residence 3116/07606 Townsite 3116/07607 Air Strip 3116/07763 Office and Employee Accommodation – subject to current lease L247876 3116/07868 Business and Residence (Leonora Lot 936) 3116/07886 Business and Residence (Leonora Lot 1128) – subject to Reserve 46751 3116/07892 Residence – subject to current lease N565175 3116/07957 Residence 3116/07964 Residence 3116/08431 Grazing – subject to current lease M190035 3116/08695 Single Men's Quarters 3116/08801 Parking of Machinery – subject to current lease K810873 3116/08836 Light Industry – subject to current lease J500183 3116/09019 Single Persons Quarters – subject to current lease L247868 3116/09138 Light Industry – subject to current lease K035921 3116/09141 Light Industry – subject to current lease J536931 3116/09496 Temporary Staff Quarters 3116/09497 Staff Quarters – subject to current lease K366467 3116/09615 Temporary Staff Quarters – subject to current lease K366461 3116/09645 Single Men's Quarters – subject to current lease N539083 3116/10053 Garden Area – subject to current lease K818935 3116/10128 Single Men's Quarters 3116/10323 Light Industry 3116/10350 Use and Benefit of Aboriginal Inhabitants – subject to current lease I126343 3116/10360 Single Persons Quarters 3116/10360 Single Persons Quarters 3116/10417 Residence and Cultivation and Grazing - subject to current lease L565568 3116/10531 Office and Employee Accommodation 3116/10543 Market Garden – subject to current lease N253521 3116/10567 Business and Residence (Leonora Lot 1127) – subject to current Reserve 46751 3116/10609 Truck Depot – subject to current lease L779537 3116/10612 Residence, Grazing and Uses Ancillary to the Mining Industry – subject to current lease I126880 3116/10680 Truck Parking 3116/10810 Grazing - Subject to current lease M290469 3116/11225 Single Men's Quarters – subject to current lease L247869 3116/11604 Light Industry - Subject to current lease I134640 3116/11605 Light Industry – subject to current lease I134645
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 on[1]
Road 2 Roads within Reserve 41510 Leonora DP218179 Road 3 Yundagga Historical Townsite Roads CPP505373 Road 4 Darlot Road to Woodarra Historical Townsite DP243053_2 Road 5 Portion of Trump Street Leonora (now closed) DP222750 Road 6 Gwalia Street and lane between Gwalia Street and Tower Street Leonora DP120071 Road 7 Leonora-Mt Ida Road entering Leonora DP217783 Road 8 Malcolm Townsite Roads CPP504661 Road 9 Leonora to Mt Ida Road through Sturt Meadows and Clover Downs DP243244 Road 10 Northern end of Gwalia, Hoover and Queen Victoria Street in Leonora DP222760 Road 11 Road Widening - Tower Street - Leonora DP211433 Road 12 Braemore Road DP217480 Road 13 Road no. 1899 from Burt Street Mertondale to Gem Street Malcolm GG07101904p2592 Road 14 Road No. 1318 from Malcolm to Yundamindera (small part of road east of Malcolm Townsite) GG07111902p4248 Road 15 Road No. 912 extending south from Malcolm townsite GG20101899p3419 Road 16 Closed portion of Otterburn Street near intersection with Forrest Street and lane between Otterburn and Tower Street, Leonora DP185800 Road 17 Road No. 947 – Menzies-Leonora Road GG24051968p1554 Road 18 Tower Street Leonora to Lots 932, 933, 934 and 935 DP213525 Road 19 Road No. 9210 – road linking Kane Street and Station Street, Leonora GG28071933p1108 Road 20 Portion of Tower Street, Otterburn Street and Breen Street, St Leonora DP162411 Road 21 Portion of Otterburn Street and lane between Otterburn and Tower Street DP160649 Road 22 Grid Tower, Gwalia and Hoover Streets intersected by Barton, Coronation and Atwater Streets in Leonora DP222754 Road 23 Portion of King Edward Street and Queen Victoria Street in Leonora DP106056 Road 24 Portion of Railway Street, Ferry Street and Otterburn Street and eastern portion of Coronation Street Leonora Leonora_Sheet_4. Road 25 Western portion of Snell, Federation and Barton Street Leonora intersecting Tower Street in Leonora DP222753 Road 26 Eastern portion of Snell, Federation and Barton streets intersecting King Edward Street in Leonora DP222751 Road 27 Road widening of Leonora to Mt Ida Road DP219606 Road 28 Wonganoo Road from Woodarra Historical Townsite DP243053 Road 29 Road widening of Menzies-Leonora Road along western [portion of Reserve 42061 DP190413 Road 30 Northern portion of Court Street Leonora Leonora_Sheet_2 Road 31 Southern portion of Court Street all of Semken Street and portions of Hall and Otterburn Street in Leonora DP222758 Road 32 Northern portion of Otterburn Street and laneway between Otterbburn and Tower Street DP135090 Road 33 Leonora Road ex lots 884 and 894 DP185770 Road 34 Western end of Sadie Canning Drive in Leonora Leonora_Sheet_3 Road 35 Portion of Kurrajong Street in Leonora intersection Rajah and Rochester Streets CF43_2_18.04 Road 36 Westward extension of Rajah Street in Leonora DP127069 Road 37 Portion of Avard, Cohen and Liverman Streets and laneways between in Leonora DP222759 Road 38 Bell Court, Fitzgerald Drive, Cleland Court and Walton Street in Leonora DP217715 Road 39 Portion of Stuart Street and laneway between Stuart Street and Rochester Street also northern portion of Hall Street and northern portion of Tower Street DP211971 Road 40 Western portion of Rochester Street DP175640 Road 41 Eastern portion of Rochester Street DP222752 Road 42 Excision of Lot 991 on Rochester Street DP186323 Road 43 Road No. 16313 between Reserve 31025 and Reserve 10867 in Leonora GG21121979p3933 Road 44 Woodarra Historical Townsite Roads CPP505298 Road 45 Road No. 18601 – northern portion of King Street in Woodarra Histroical Townsite GG26101993p5822 Road 46 Road No. 1444 – Leonora to Kurrajong Road (Leonora – Wiluna Road) GG07111902p4248_2 Road 47 Historical Townsite of Kurrajong Roads DP222733 Road 48 Road No. 949 - Niagara to Menzies Road GG27101899p3515 Road 49 Mertondale Historical Townsite Roads CPP504725 Road 50 Road No. 1316 – Leonora to Mertondale Road GG24011903p337 Road 51 Road No. 1100 – Portion of Menzies to Mulline Road GG31081900p3193 Road 52 Portion of Tower Street and adjacent right of ways bounded by Avard Street to South and Rochester street to north in Leonora DP127007 Road 53 Rights of way between Liverman Street and Cohen Street in Leonora DP135089 Road 55 Road No 947 – Road widening within Melita Station between Menzies and Leonora GG08041971p1111 Road 56 Road No. 10041- Mt Morgans to Mertondale Pastoral Lease Road GG19041940p562 Road 57 Road No. 2952 – Menzies to Lake Ballard Road GG13031908p765 Road 67 Road No. 1049 – Portion of Menzies to Wangine Soak Road GG11051900p1605 Road 68 Road No. 1444 – Leonora to Kurrajong townsite realignment DP104822 Road 69 Portion of Yundagga Historical Townsite to Menzies Road DP35571 Road 70 Eastern portion of Sadie Canning Drive in Leonora DP185463 Road 71 Battery Place in Leonora DP63278 Road 72 Road widenings Kurrajong Street in Leonora DP63278 Road 73 Cayzer Street in Leonora DP63277 Road 75 Portion of Leonora to Wiluna Road intersected by G.G.T Pipeline DP217664 Road 110 Road Kurrajong Street Leonora – Taking Order I621535 – Lot 1353 on Deposited Plan 30929 DP30929 Road 113 Road No. 15587 – small portion of road extending north east from Malcolm townsite before exiting claim area GG21011977p106 Road 114 Road No. 947 deviation of part GG31101924p2037_2 Road 115 Road No. 947 – Menzies to Leonora GG27101899p3516 Road 116 Road No. 16191(Old Laverton Road) Leonora to Malcolm GG30031979p881 Road 117 Road No. 976 – (Old Laverton Road) Leonora to Malcolm GG19011900p192 Road 118 Leonora – Nambi Road DP216265 Road 119 Road No. 16314 - Resumption of portion of Reserve 31025 in Leonora GG21121979p3933_2 Road 120 Widening of Road 1444 GG21121979p3933_3 Road 121 Memorial Drive Leonora DP219408 Road 122 Yundagga to Menzies Road DP217649 2 Road 124 Resurvey Lot 119 corner of Rochester and Otterburn Street, Leonora DP187466 Road 125 Resurvey Lot 73 corner of Rajah and Otterburn Street, Leonora DP187465 Road 126 Portion of Forrest Street Lots 946-953 and resurvey of Lot 950, Leonora DP212116 Road 127 Resurvey of Lot 724 corner of Rochester and Tower Street, Leonora DP175022 Road 128 Resurvey of Lot 91 corner of Rajah and Otterburn Street, Leonora DP180534 Road 129 Road widening Kurrajong Street ex lots 1105 and 1106, Leonora DP189778 Road 130 Road No. 14699 (Gwalia Street extension) resumption of part Lot 56, Leonora GG14091972p3455 Road 131 Road Truncation – Bell Court - Resumption of portion of Lot 759, Leonora GG19101993p5759 Road 132 Widening Tower Street - resumption of part Lot 997, Leonora DP186578 Road 133 Resumption of part Lot 462 – corner Queen Street and Rochester Street, Leonora DP175895 Road 134 Road No. 15473 (Hall Street) – resumption of reserve 6723 and 3279, Leonora GG24101975p3960 Road 135 Resumption of part lot 83 corner of Hall Street and Rajah Street, Leonora DP181801 Road 136 Resumption of part lot 1123 corner of Hall Street and Rajah Street, Leonora DP188617 Road 137 Widening of Steel Street, Leonora DP189900 Road 138 Resumption of part lot 956 corner of Tower Street, Leonora DP181312 Road 139 Grid of streets bounded in North by Loring Street and South by Kane Street including southern end of Manning, Tower and Gwalia Streets DP222756 Road 140 Portion of Tower Street, Ferry Street and Johnston Street, Leonora DP144234 Road 141 Laneway between Station and Manning Streets, Leonora DP159355 Road 142 Right of way between Hall Street and Otterburn Street, Leonora DP186849 Road 143 Resumption of part of Lot 48 corner of Rajah and Otterburn Streets, Leonora D64811 Road 144 Road No. 867 - Woodarra Townsite to Old Coolgardie Road GG15091899p2961 Road 145 Road Widening ex vacant crown land – Tower Street, Leonora DP190102 Road 146 Resumption part lot 1126 – corner Otterburn Street, Leonora DP188631 Road 147 Townsite Streets – Menzies western part of town CPP504722 [1] When interpreting the references in this column:Historical Roads
MapInfo ID.
Description
Shown on[2]
Road 01 Closed roads eastern end of Malcolm Townsite CPP504661_2 Road 02 Closed road western end of Stuart Street, Leonora DP127007_2 Road 03 Road along southern and eastern boundary of Reserve 10307, Leonora DP127069_2 Road 04 Closed western portion of Trump Street and right of way between Trump and Rajah Street to west of Hall Street, Leonora – This location subject to current lease H688699. DP135004 Road 05 Station Street between lots 602 and 473, Leonora DP144148 Road 06 Closed portion of R.O.W on western boundary of Lot 703, Leonora DP174989 Road 07 Small resumption of north-eastern boundary of Lot 139 Hoover Street, Leonora DP175512 Road 08 Closed Road off Tower Street, Leonora DP175640_2 Road 09 Portion of Hoover Street bounded by Stuart street to south and Rochester street to north, Leonora DP211971_2 Road 10 Expansion road for lots 1276-1293 within Reserve 41510, Leonora DP218180 Road 12 Road closure western end of Trump Street where it meets Halls Street including north-wester corner of Reserve 6723 DP222750 Road 13 Closure eastern half of R.O.W between Tower and Otterburn streets bounded by Trump street to north and Rochester street to south, Leonora DP222750_2 Road 14 Western portion of R.O.W referred to above as Road 13 DP222750_3 Road 15 Closed portion of eastern end of Rajah Street where it meets King Edward Street, Leonora DP222752_2 Road 16 Closed southern portion of Gwalia Street, Leonora DP222756_2 Road 17 Closed southern portion of Loring Street, Leonora DP222759_2 Road 18 Closed southern portion of R.O.W between Manning and Tower Street, Leonora GG01091989p3028 Road 19 Creation of Leonora – Mt Ida Road, Race Course Road and Biggs Avenue as public roads and deviation of Rajah Street – subject to Resumption 1 (906914) GG01101996p5095_2 Road 20 Whole of Liverman Street along the southern boundaries of lots 794 to 800 and 802 GG03081990p3705 Road 21 Closure of portions of Old Laverton Road and Queen Street GG13091991p4784 Road 22 Road No. 976 – from Hall Street, Leonora to Star Street, Malcolm GG19011900p192_2 Road 23 Road closure – portion of Rajah Street and Queen Victoria Street, Leonora GG19011990p216 Road 24 Whole of surveyed road along the southern boundary of Leonora lots 945 and 940, Leonora GG20061980p1816 Road 25 Whole of surveyed way along southeastern boundaries of Lots 760-767 from the southern side of Stuart Street to the northern side of Avard Street, Leonora GG22061990p3043 Road 26 Whole of partly surveyed road along the southeastern boundary of Lot 776 from the northern side of Cohen Street to the southern side of Avard Street, Leonora GG22061990p3043_2 Road 27 Whole of Hoover Street along the southeastern boundaries of Lots 752 to 759 from the northern side of Avard Street to the southern side of Stuart Street GG22061990p3043_3 Road 28 All that portion of Avard Street from southern boundarries of lots 752, 767 and 768 then terminating at a southwestern prolongation of the southeastern side of Queen Street GG22061990p3043_4 Road 29 All that portion of Queen Street along the southeastern boundaries of Lots 768 to 775 from the northern side of Avard Street to the southern side of Stuart Street, Leonora GG22061990p3043_5 Road 32 Part of old Menzies – Leonora Road where it entered southern part of Leonora DP227986 Road 33 Closed road depicted in Malcolm Location 137 on DP32348, Leonora DP32348 Road 34 Portion of Stuart Road now comprised in Lot 1332, Leonora GG02071996p3188 Road 35 Whole of Gwalia Street along the eastern boundaries of Lots 793 and 794 and an eastern side of a surveyed way from the southern alignment of Cohen Street to the northern alignment of Liverman Street GG03081990p3705_2 [2] When interpreting the references in this column:
5.Railways
The former railways constructed pursuant to the Kalgoorlie – Menzies Railway Act 1896 (WA) and Menzies – Leonora Railway Act 1899 (WA) (all repealed) and whose lines are generally described in the Schedules to the Acts. This includes:
Railway No.
Railway 001 Railway 002 Historic Railway 003 Historic Railway 004
6.Taking Orders
The following taking orders:
Taking Order No.
H410858 I660272
7.
7. Resumptions
The following resumptions:
Resumption
1080/1975
8.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 section 251D of the Native Title Act) and to which section 12J of the Titles Validation Act, section 23C(2) of the Native Title Act or sections 24JA and 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
Reserve 10575 Use and Benefit of Aboriginal People and Cultural Heritage Protection Reserve 11119 Use and Benefit of Aboriginal Inhabitants Reserve 24481 Use and Benefit of Aboriginal Inhabitants Reserve 30127 Native Housing Reserve 30896 Use and Benefit of Aborigines Reserve 34913 Aborigines Community Centre and Short Stay Accommodation Reserve 35509 Use and Benefit of Aboriginal Inhabitants Reserve 41510 Use and Benefit of Aboriginal Inhabitants
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 0082 That portion of UCL 0082 (Lake Ballard) that falls within the Determination Area UCL 0103 10 Mile Outcamp UCL 1244 UCL between Menzies and Lake Ballard UCL 0043, UCL 0067- UCL0074, UCL 0083, UCL 0105, UCL 0696- UCL 0882, UCL 1144- UCL1146, UCL 1179, UCL 1189 UCL in and around the Historic Townsite of Malcolm Part covered by mining lease M37/1164 as at 10 April 2018 UCL 1141 UCL east of Reserve 11119 in the town of Leonora
For the avoidance of doubt, for the purpose of this Schedule, a "prior interest" does not include a public work as 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 section 251D of the Native Title Act).
SCHEDULE SIX
OTHER INTERESTS
Paragraph 9
The nature and extent of the Other Interests in relation to the Determination Area are as follows.
Land tenure interests registered with the Western Australian Land Information Authority are current as at 1 January 2020. Mining tenements and petroleum interests registered with the Department of Mines, Industry Regulation and Safety are current as at 22 November 2021. All other interests are current as at the date of the determination.
1. Freehold Titles
(a)The following freehold titles:
Certificate of Title
CT0156400209 CT0167900046 CT0171900903 CT0179300055 CT0180100795
2.Reserves
(a)The following reserves:
Reserve No.
Current / Last Purpose
3348 Historic Cemetery Site 3731 Resting Place for Travellers and Stock 4083 Cemetery 4085 Sanitary Site 4256 Cemetery 4479 Public Buildings 4480 Wardens Office 4481 Post and Telegraph Office 4485 Public Utility 4724 Church Site Methodist 4943 Rubbish Disposal Site 4956 Public Utility 4957 Public Utility 4958 Public Buildings 4959 Public Buildings 4960 Public Utility 4961 Public Utility 4962 Public Utility 4963 Water 4965 Cemetery 5176 Government Officials Quarters 5785 Post and Telegraph Office 6012 Townsite 6023 Public Utility 6024 Public Utility 6025 Public Utility 6026 Public Utility 6027 Public Utility 6460 Excepted from Sale 6597 Public Utility 6598 Public Utility 6600 Public Utility 6601 Public Utility 6652 Public Utility 6733 Church and Manse Site 6887 Cemetery 6888 Rubbish Depot 6976 Church Site Presbyterian 6992 Explosives Storage and Manufacture 7011 Church Site Presbyterian 7101 Excepted from Sale 7106 Public Buildings 7121 Public Battery 7141 Trigonometrical Station 7142 Trigonometrical Station 7143 Trigonometrical Station 7144 Trigonometrical Station 7145 Trigonometrical Station 7146 Water Act 57 Vic No 20 7147 State Geodetic Infrastructure 7148 Heritage Place 7151 Trigonometrical Station 7152 Trigonometrical Station 7156 Trigonometrical Station 7162 Trigonometrical Station 7163 Trigonometrical Station 7168 Trigonometrical Station 7183 Trigonometrical Station 7184 Trigonometrical Station 7185 Trigonometrical Station 7186 Trigonometrical Station 7187 Trigonometrical Station 7188 Trigonometrical Station 7189 Trigonometrical Station 7190 Trigonometrical Station 7191 Trigonometrical Station 7192 Trigonometrical Station 7197 Trigonometrical Station 7521 Common 7784 Excepted from Sale 7827 Cemetery 8099 Water 8303 Excepted from Sale 8372 Hall Site 8478 Railway Purposes 8487 Camping 8509 Common 8575 Municipal Water Supply 8739 Water Act 57 Vic No 20 State Battery Supply 8834 Water 9044 Excepted from Sale 9081 Townsite 9268 Excepted from Sale and Occupation 9405 Water Act 57 Vic No 20 9646 Water 9699 Peak Hill Stock Route 9706 Recreation 9741 Water 9762 Historic Place Little Peter's Well 9811 Water Act 57 Vic No 20 9833 Railway 9969 Municipal Rubbish Disposal Site and Sanitary Site 9979 School Site 10008 Water Act 57 Vic No 20 10028 Water Act 57 Vic No 20 10096 Excepted from Sale 11119 Use and Benefit of Aboriginal Inhabitants 10301 Water Act 57 Vic No 20 10527 Water Act 57 Vic No 20 10575 Use and Benefit of Aboriginal People and Cultural Heritage Protection 10577 Water Act 57 Vic No 20 11804 Watering Place Travelling Stock 12353 Water Act 57 Vic No 20 12393 Water 12396 Water Act 57 Vic No 20 12448 Water Act 57 Vic No 20 12844 Water 12845 Water 12846 Water 12848 Water 12856 Water 12858 Water 12993 Church Site Church of England 13488 Water 16995 Common 17398 Stock Route 24481 Use and Benefit of Aboriginal Inhabitants 25897 Native Housing 30029 Quarry 30127 Native Housing 30896 Use and Benefit of Aborigines 31924 Rubbish and Sanitation Disposal Site 34848 Explosives Safety Zone 34913 Aboriginal Community Centre and Short Stay Accommodation 35509 Use and Benefit of Aboriginal Inhabitants 35852 Recreation and Drainage – that portion of Reserve covered by the Leonora Golf Course 36387 State Geodetic Infrastructure 36676 Trigonometrical Station 41358 Recreation 41510 Use and Benefit of Aboriginal Inhabitants 41907 Railway 42692 Trigonometrical Station 46751 Historic Precinct 48160 Cemetery 48532 Parkland 51184 Water Supply
(b)The rights and interests of persons who have the care, control and management of the reserves identified in subclause (a) above;
(c)The rights and interests of persons entitled to access and use the reserves identified in subclause (a) above for the respective purposes for which they are reserved, subject to any statutory limitations upon those rights; and
(d)The rights and interests of persons holding leases over areas of the reserves identified in subclause (a) above.
3.Pastoral Leases
(a)The following pastoral leases and the rights and interests of the holders from time to time of those pastoral leases:
Lease No.
Description
N049440 Weebo N049506 Mertondale N049637 Yandal N049676 Clover Downs N049712 Minara N049788 Melrose N049808 Glenorn N049822 Nambi N049916 Braemore N049945 Tarmoola N050241 Melita 1/2 N050242 Melita 2/2 N050386 Adelong N050400 Banjawarn N050457 Jeedamya N050635 Sturt Meadows 1/2 (b)Any rights and obligations of the pastoralists pursuant to the pastoral leases referred to in subclause (a) above to adopt and exercise best practice management of the pasture and vegetation resources, livestock and soils within the boundaries of the pastoral leases in order to manage stock and for the management, conservation and regeneration of pasture for permitted uses.
4.Other Leases
The following leases and the rights and interests of the holders from time to time of those leases:
Lease No.
Description
M638864 Special Lease for Regional Mobile Communications Project RL I213020 Lease of Reserve 11119 RL1213022 Lease of Reserve 34913 RL N626178 Lease of lot 1310 of Reserve 41510 RL N626179 Lease of Lot 1314 of Reserve 41510 RL N626180 Lease of Lot 1299 of Reserve 41510 RL N626181 Lease of Lot 1300 of Reserve 41510 RL N626182 Lease of Lot 1298 of Reserve 41510 RL N626183 Lease of Lot 1321 of Reserve 41510 RL N626184 Lease of Lot 1296 of Reserve 41510 RL N626185 Lease of Lot 1307 of Reserve 41510 RL N626186 Lease of Lot 1305 of Reserve 41510 RL N626187 Lease of Lot 1297 of Reserve 41510 RL N626188 Lease of Lot 1303 and Part Lot 1304 of Reserve 41510 RL N626189 Lease of Lot 1302 and Part Lot 1301 of Reserve 41510 RL N626190 Lease of Lot 1311 of Reserve 41510 RL N626191 Lease of Lot 1320 of Reserve 41510 RL N626192 Lease of Lot 1319 of Reserve 41510 RL N626193 Lease of Lot 1318 of Reserve 41510 RL N626194 Lease of Lot 1317 of Reserve 41510 RL N626195 Lease of Lot 1316 of Reserve 41510 RL N626196 Lease of Lot 1315 of Reserve 41510 RL N626197 Lease of Lot 1295 of Reserve 41510 RL N626198 Lease of Lots 1276 and 1277 of Reserve 41510 RL N626199 Lease of Lot 1322 of Reserve 41510 RL N626200 Lease of Lot 1323 of Reserve 41510 RL N626201 Lease of Lots 1313 and Part Lot 1312 of Reserve 41510 R6461/153
5.Roads
The following roads and the rights and interests of the persons having the care, control and management of those roads from time to time:
MapInfo ID.
Description
Shown on[3]
Road 74 Road Realignment – Goldfields Highway as it enters Leonora from Menzies DP63279.pdf Road 76 Widening of road from Yundagga Townsite to Menzies DP218819 Road 77 Widening of road close to Menzies DP217648 Road 78 Widening of road Menzies to Leonora as it exits Menzies DP217649 Road 79 Widening of road Menzies to Leonora DP217650 Road 80 Widening of road Menzies to Leonora DP217651 Road 81 Widening of road Menzies to Leonora DP217652 Road 82 Widening of road Menzies to Leonora DP217653 Road 83 Widening of road Menzies to Leonora DP217654 Road 84 Widening of road Menzies to Leonora traversing Reserve 7030 DP217655 Road 85 Widening of road Menzies to Leonora DP217656 Road 86 Widening of road Menzies to Leonora DP217657 Road 87 Widening of road Menzies to Leonora DP217658. Road 88 Widening of road Menzies to Leonora DP217659 Road 89 Widening of road Menzies to Leonora DP217661 Road 90 Widening of road Menzies to Leonora DP217662 Road 91 Widening of road Menzies to Leonora DP217663 Road 92 Widening of Goldfields Highway heading north from Leonora townsite DP217665 Road 93 Widening of Goldfields Highway heading north from Leonora townsite DP217666 Road 94 Widening of Goldfields Highway heading north from Leonora townsite DP217667 Road 95 Widening of Goldfields Highway as it traverses Tarmoola pastoral lease DP217668 Road 96 Widening of Goldfields Highway as it traverses Tarmoola pastoral lease - Lot 125 on Deposited Plan 217669 DP217669 Road 97 Widening of Goldfields Highway as it traverses Tarmoola pastoral lease - Lot 126 on Deposited Plan 217670 DP217670 Road 98 Widening of Goldfields Highway as it traverses Tarmoola pastoral lease - Lots 126 and 127 on Deposited Plan 217671 DP217671 Road 99 Widening of Goldfields Highway as it traverses Tarmoola pastoral lease - Lots 127 and 128 on Deposited Plan 217672 DP217672 Road 100 Widening of Goldfields Highway as it traverses Tarmoola pastoral lease – Lot 129 on Deposited Plan 217673 DP217673 Road 101 Widening of Goldfields Highway as it traverses Tarmoola and Weebo pastoral leases – Lots 130 and 131 on Deposited Plan 217674 DP217674 Road 102 Widening of Goldfields Highway as it traverses Weebo pastoral lease – Lot 132 on Deposited Plan 217675 DP217675 Road 103 Widening of Goldfields Highway as it traverses Weebo pastoral lease – Lot 133 on Deposited Plan 217676 DP217676 Road 104 Widening of Goldfields Highway as it traverses Weebo pastoral lease – Lot 134 on Deposited Plan 217677 DP217677 Road 105 Widening of Goldfields Highway as it traverses Weebo pastoral lease – Lot 135 on Deposited Plan 217678 DP217678 Road 106 Widening of Goldfields Highway as it traverses Weebo pastoral lease – Lot 136 on Deposited Plan 217679 DP217679 Road 107 Widening of Goldfields Highway as it traverses Weebo pastoral lease – Lot 137 on Deposited Plan 217680 DP217680 Road 108 Widening of Goldfields Highway as it traverses Lenster Downs pastoral lease – Lots 138 and 139 on Deposited Plan 217681 DP217681 Road 111 Lots 160 and 162 of Main Reef Road DP37439 Road 112 Lot 134 on Deposited Plan 25984 DP25985 [3] When interpreting the references in this column:
6.Taking Orders
Taking Order No.
I621535 J248862 J248862 J624946 J849173 L281903
7.Easements
The following easements and the rights and interests of the holders from time to time of those easements, to the extent the areas of those easements do not fall within Schedule Four as areas where native title does not exist:
MapInfo No.
Description
F924685 Easement to the State of Western Australia as amended and ratified by the Goldfields Gas Pipeline Agreement Act 1994 (WA). Registered 10 July 1995 8.Resumptions
The following resumption:
Resumption
578/1997
9.Mining Tenements
(a)The following mining tenements granted under the Mining Act 1904 (WA) (repealed) and / or the Mining Act1978 (WA) and the rights and interests of the holders from time to time of those tenements:
(i) Exploration Licences:
Tenement ID E 29/912 E 29/1070 E 36/867 E 29/913 E 29/1079 E 36/868 E 29/941 E 36/628 E 36/870 E 29/948 E 36/667 E 36/873 E 29/950 E 36/715 E 36/884 E 29/958 E 36/749 E 36/895 E 29/979 E 36/792 E 36/896 E 29/981 E 36/797 E 36/899 E 29/995 E 36/798 E 36/900 E 29/1005 E 36/810 E 36/905 E 29/1011 E 36/811 E 36/910 E 29/1020 E 36/818 E 36/917 E 29/1021 E 36/826 E 36/922 E 29/1022 E 36/827 E 36/923 E 29/1024 E 36/837 E 36/930 E 29/1034 E 36/838 E 36/934 E 29/1052 E 36/845 E 36/936 E 29/1067 E 36/846 E 36/940 E 29/1068 E 36/857 E 36/941 E 29/1069 E 36/860 E 36/943 E29/1118 E 36/865 E 37/1188 E 36/944 E 37/983 E 37/1189 E 36/945 E 37/1007 E 37/1190 E 36/952 E 37/1017-I E 37/1194 E 36/953 E 37/1018 E 37/1195 E 36/963 E 37/1032 E 37/1199 E 36/964 E 37/1044 E 37/1201 E 36/968 E 37/1051-I E 37/1203 E 36/969 E 37/1052-I E 37/1205 E 36/980 E 37/1054 E 37/1208 E 36/984 E 37/1067 E 37/1209 E 36/988 E 37/1080 E 37/1210 E 36/995 E 37/1086-I E 37/1214 E 36/997 E 37/1121 E 37/1215 E 36/999 E 37/1130 E 37/1220 E 36/1002 E 37/1134 E 37/1222 E 36/1005 E 37/1152 E 37/1223 E 37/258 E 37/1154 E 37/1224 E 37/789 E 37/1156 E 37/1225 E 37/801 E 37/1161 E 37/1229 E 37/846 E 37/1162 E 37/1231 E 37/847 E 37/1165 E 37/1233 E 37/893 E 37/1169 E 37/1234 E 37/902 E 37/1177 E 37/1235 E 37/907 E 37/1178 E 37/1237 E 37/909 E 37/1181 E 37/1239 E 37/916 E 37/1183 E 37/1243-I E 37/981 E 37/1184 E 37/1330 E 37/1246 E 37/1285 E 37/1331 E 37/1247 E 37/1287 E 37/1333 E 37/1248 E 37/1288 E 37/1334 E 37/1249-I E 37/1289 E 37/1336 E 37/1252 E 37/1290-I E 37/1342 E 37/1253 E 37/1291-I E 37/1345 E 37/1254 E 37/1293 E 37/1350 E 37/1258 E 37/1296 E 37/1352 E 37/1259 E 37/1297 E 37/1353 E 37/1260 E 37/1298 E 37/1355 E 37/1261 E 37/1300 E 37/1356 E 37/1262 E 37/1301 E 37/1358 E 37/1263 E 37/1303 E 37/1362 E 37/1264 E 37/1305 E 37/1363 E 37/1265 E 37/1306 E 37/1364 E 37/1266 E 37/1309 E 37/1367 E 37/1268 E 37/1310 E 37/1369 E 37/1269 E 37/1311 E 37/1370 E 37/1270 E 37/1313 E 37/1371 E 37/1271 E 37/1314 E 37/1372 E 37/1272 E 37/1315 E 37/1373 E 37/1273 E 37/1318 E 37/1374 E 37/1274 E 37/1319 E 37/1375 E 37/1278 E 37/1321 E 37/1376 E 37/1279 E 37/1322 E 37/1385 E 37/1283 E 37/1324 E 37/1389 E 37/1284 E 37/1418 E 37/1390 E 37/1377 E 37/1326 E 37/1391 E 37/1378 E 37/1419 E 37/1392 E 37/1379 E 37/1421 E 37/1393 E 37/1380 E 37/1422 E 37/1394 E 37/1381 E 37/1423 E 40/357 E 37/1382 E 37/1424 E 40/359 E 37/1395 E 37/1426 E 40/373 E 37/1396 E 38/1537 E 40/378 E 37/1397 E 38/2834 E 40/383 E 37/1398 E 38/2916 E 40/384 E 37/1399 E 38/3087 E 40/388 E 37/1400 E 38/3113 E 40/391 E 37/1402 E 38/3478 E 40/398 E 37/1404 E 39/1684 E 40/366 E 37/1405 E 39/1706 E 40/369 E 37/1407 E 39/1854 E 40/371 E 37/1409 E 39/1866 E 37/1410 E 39/1892 E 37/1413 E 39/1956 E 37/1414 E 39/1985 E 37/1416 E 39/2035 E 37/1417 E 39/2036 E 37/1431 E 39/2183 E 37/1433 E 39/2237 E 37/1436 E 40/270 E 37/1437 E 40/283 E 37/1441 E 40/295 E 37/1442 E 40/312 E 36/998 E 40/323 (ii) General Purpose Leases:
Tenement ID
G 29/21 G 37/37 G 37/6 G 37/8 G 37/9 G 37/10 G 37/11 G 37/12 G 37/13 G 37/14 G 37/15 G 37/16 G 37/17 G 37/18 G 37/21 G 37/24 G 37/25 G 37/26 G 37/27 G 37/28 G 37/29 G 37/30 G 37/31 G 37/32 G 37/33 G 37/34 G 37/35 (iii) Mining Leases:
Tenement ID
M 29/14 M 36/476 M 37/25 M 29/21 M 36/494 M 37/30 M 29/88 M 36/503 M 37/44 M 29/153 M 36/504 M 37/46 M 29/154 M 36/512 M 37/54 M 29/184 M 36/513 M 37/55 M 29/212 M 36/516 M 37/58 M 29/410 M 36/525 M 37/67 M 29/417 M 36/527 M 37/73 M 29/433 M 36/541 M 37/76 M 36/35 M 36/542 M 37/81 M 36/107 M 36/579 M 37/82 M 36/146 M 36/582 M 37/86 M 36/177 M 36/584 M 37/88 M 36/200 M 36/585 M 37/90 M 36/201 M 36/586 M 37/96 M 36/202 M 36/587 M 37/108 M 36/203 M 36/588 M 37/122 M 36/244 M 36/589 M 37/135 M 36/289 M 36/599 M 37/137 M 36/300 M 36/600 M 37/142 M 36/421 M 36/615 M 37/155 M 36/428 M 36/682 M 37/158 M 36/444 M 36/685 M 37/159 M 36/445 M 36/691 M 37/163 M 36/446 M 36/692 M 37/164 M 36/462 M 36/693 M 37/165 M 36/473 M 37/17 M 37/170 M 36/474 M 37/21 M 37/403 M 37/172 M 37/333 M 37/404 M 37/179 M 37/338 M 37/405 M 37/182 M 37/339 M 37/407 M 37/199 M 37/340 M 37/410 M 37/200 M 37/343 M 37/416 M 37/201 M 37/345 M 37/417 M 37/204 M 37/349 M 37/418 M 37/212 M 37/350 M 37/419 M 37/219 M 37/356 M 37/420 M 37/220 M 37/357 M 37/421 M 37/222 M 37/358 M 37/424 M 37/223 M 37/359 M 37/426 M 37/227 M 37/360 M 37/427 M 37/231 M 37/361 M 37/428 M 37/232 M 37/362 M 37/429 M 37/233 M 37/364 M 37/437 M 37/246 M 37/366 M 37/438 M 37/247 M 37/367 M 37/439 M 37/248 M 37/368 M 37/440 M 37/251 M 37/370 M 37/449 M 37/252 M 37/373 M 37/451 M 37/265 M 37/383 M 37/454 M 37/277 M 37/384 M 37/457 M 37/286 M 37/385 M 37/458 M 37/299 M 37/386 M 37/459 M 37/300 M 37/391 M 37/460 M 37/316 M 37/393 M 37/461 M 37/317 M 37/394 M 37/462 M 37/320 M 37/398 M 37/465 M 37/327 M 37/399 M 37/475 M 37/330 M 37/400 M 37/816 M 37/478 M 37/584 M 37/818 M 37/479 M 37/586 M 37/819 M 37/483 M 37/587 M 37/849 M 37/485 M 37/590 M 37/902 M 37/488 M 37/591 M 37/903 M 37/493 M 37/592 M 37/905 M 37/494 M 37/594 M 37/944 M 37/495 M 37/598 M 37/955 M 37/496 M 37/599 M 37/975 M 37/503 M 37/600 M 37/983 M 37/506 M 37/601 M 37/986 M 37/508 M 37/602 M 37/997 M 37/513 M 37/608 M 37/998 M 37/514 M 37/622 M 37/1026 M 37/515 M 37/626 M 37/1027 M 37/519 M 37/631 M 37/1030 M 37/529 M 37/632 M 37/1045 M 37/531 M 37/638 M 37/1050 M 37/532 M 37/646 M 37/1051 M 37/544 M 37/667 M 37/1063 M 37/547 M 37/689 M 37/1064 M 37/548 M 37/692 M 37/1076 M 37/551 M 37/708 M 37/1081 M 37/552 M 37/709 M 37/1089 M 37/564 M 37/720 M 37/1090 M 37/565 M 37/733 M 37/1105 M 37/570 M 37/735 M 37/1119 M 37/571 M 37/763 M 37/1120 M 37/572 M 37/774 M 37/1121 M 37/573 M 37/775 M 37/1122 M 37/574 M 37/776 M 37/1336 M 37/1126 M 37/1284 M 37/1337 M 37/1127 M 37/1285 M 37/1338 M 37/1128 M 37/1286 M 37/1340 M 37/1129 M 37/1290 M 37/1341 M 37/1130 M 37/1295 M 37/1342 M 37/1132 M 37/1298 M 37/1343 M 37/1136 M 37/1301 M 37/1345 M 37/1137 M 37/1303 M 37/1346 M 37/1144 M 37/1304 M 37/1348 M 37/1146 M 37/1305 M 37/1349 M 37/1148 M 37/1306 M 37/1350 M 37/1150 M 37/1309 M 37/1353 M 37/1153 M 37/1311 M 38/1252 M 37/1164 M 37/1312 M 39/445 M 37/1165 M 37/1313 M 39/458 M 37/1167 M 37/1314 M 39/459 M 37/1168 M 37/1315 M 39/460 M 37/1170 M 37/1316 M 39/552 M 37/1185 M 37/1317 M 39/758 M 37/1202 M 37/1318 M 39/1118 M 37/1216 M 37/1319 M 40/151 M 37/1217 M 37/1322 M 40/166 M 37/1223 M 37/1323 M 40/330 M 37/1227 M 37/1324 M 40/346 M 37/1228 M 37/1325 M 37/1230 M 37/1327 M 37/1231 M 37/1328 M 37/1257 M 37/1331 M 37/1275 M 37/1333 M 37/1276 M 37/1334 M 37/1279 M 37/1335 (iv) Miscellaneous Licences:
Tenement ID
L 29/61 L 37/23 L 37/102 L 29/116 L 37/24 L 37/106 L 29/117 L 37/28 L 37/113 L 29/118 L 37/29 L 37/117 L 29/120 L 37/30 L 37/118 L 29/138 L 37/33 L 37/119 L 29/147 L 37/34 L 37/122 L 36/55 L 37/35 L 37/125 L 36/62 L 37/36 L 37/127 L 36/82 L 37/41 L 37/128 L 36/84 L 37/43 L 37/129 L 36/86 L 37/50 L 37/131 L 36/98 L 37/51 L 37/132 L 36/100 L 37/56 L 37/133 L 36/102 L 37/58 L 37/134 L 36/103 L 37/61 L 37/135 L 36/104 L 37/66 L 37/136 L 36/107 L 37/70 L 37/137 L 36/111 L 37/73 L 37/138 L 36/136 L 37/74 L 37/139 L 36/155 L 37/76 L 37/140 L 36/158 L 37/77 L 37/141 L 36/166 L 37/79 L 37/142 L 36/183 L 37/80 L 37/144 L 36/184 L 37/83 L 37/145 L 36/185 L 37/85 L 37/148 L 36/186 L 37/86 L 37/232 L 36/198 L 37/87 L 37/237 L 36/200 L 37/189 L 37/240 L 36/232 L 37/190 L 37/241 L 36/235 L 37/191 L 37/242 L 36/246 L 37/193 L 37/244 L 36/247 L 37/195 L 37/150 L 37/151 L 37/89 L 37/246 L 37/152 L 37/196 L 37/247 L 37/153 L 37/197 L 37/248 L 37/154 L 37/199 L 37/249 L 37/155 L 37/203 L 37/250 L 37/156 L 37/205 L 39/76 L 37/157 L 37/206 L 39/78 L 37/158 L 37/207 L 39/79 L 37/159 L 37/211 L 39/82 L 37/161 L 37/212 L 39/111 L 37/162 L 37/213 L 39/126 L 37/163 L 37/215 L 39/139 L 37/164 L 37/216 L 39/140 L 37/166 L 37/217 L 39/141 L 37/167 L 37/220 L 39/142 L 37/170 L 37/221 L 39/197 L 37/171 L 37/222 L 39/223 L 37/172 L 37/223 L 40/11 L 37/173 L 37/224 L 40/24 L 37/174 L 37/225 L 40/33 L 37/175 L 37/226 L 40/34 L 37/176 L 37/227 L 37/177 L 37/228 L 37/178 L 37/229 L 37/183 L 37/230 L 37/184 L 37/231 (v) Prospecting Licences:
Tenement ID
P 29/2346 P 36/1863 P 37/8314 P 29/2368 P 36/1874 P 37/8317 P 29/2369 P 36/1875 P 37/8318 P 29/2391 P 36/1878 P 37/8325 P 29/2511 P 36/1879 P 37/8334 P 29/2512 P 36/1883 P 37/8350 P 29/2513 P 36/1884 P 37/8359 P 29/2514 P 36/1887-S P 37/8368 P 29/2515 P 36/1888-S P 37/8371 P 29/2538 P 36/1889 P 37/8374 P 29/2539 P 36/1891 P 37/8375 P 29/2550 P 36/1892 P 37/8531 P 29/2573 P 36/1893 P 37/8532 P 29/2578 P 36/1894 P 37/8533 P 29/2579 P 36/1895 P 37/8534 P 29/2580 P 36/1896 P 37/8535 P 29/2581 P 36/1911 P 37/8536 P 29/2582 P 36/1913 P 37/8537 P 29/2583 P 36/1914 P 37/8538 P 29/2584 P 36/1915 P 37/8539 P 29/2585 P 36/1916 P 37/8540 P 29/2619 P 36/1917 P 37/8541 P 29/2620 P 36/1920 P 37/8542 P 29/2621 P 36/1922 P 37/8543 P 29/2622 P 37/8223 P 37/8544 P 29/2627 P 37/8240 P 37/8545 P 29/2634 P 37/8241 P 37/8546 P 36/1787 P 37/8242 P 37/8547 P 36/1788 P 37/8243 P 37/8559 P 36/1789 P 37/8278 P 37/8568 P 36/1805 P 37/8290 P 37/8571 P 36/1806 P 37/8299 P 37/8573 P 36/1849 P 37/8300 P 37/8576 P 36/1857 P 37/8301 P 37/8578 P 36/1859 P 37/8455 P 37/8580 P 36/1860 P 37/8456 P 37/8581 P 37/8376 P 37/8458 P 37/8583 P 37/8378 P 37/8459 P 37/8584 P 37/8379 P 37/8460 P 37/8586 P 37/8382 P 37/8461 P 37/8587 P 37/8383 P 37/8462 P 37/8601 P 37/8384 P 37/8463 P 37/8606 P 37/8385 P 37/8464 P 37/8731 P 37/8386 P 37/8465 P 37/8732 P 37/8387 P 37/8467 P 37/8733 P 37/8388 P 37/8468 P 37/8734 P 37/8390 P 37/8469 P 37/8736 P 37/8391 P 37/8470 P 37/8737 P 37/8392 P 37/8472 P 37/8738 P 37/8393 P 37/8484 P 37/8739 P 37/8394 P 37/8491 P 37/8740 P 37/8413 P 37/8500 P 37/8741 P 37/8414 P 37/8504 P 37/8742 P 37/8415 P 37/8515 P 37/8743 P 37/8416 P 37/8517 P 37/8744 P 37/8417 P 37/8520 P 37/8745 P 37/8418 P 37/8521 P 37/8746 P 37/8420 P 37/8523 P 37/8747 P 37/8421 P 37/8524 P 37/8748 P 37/8422 P 37/8525 P 37/8754 P 37/8425 P 37/8526 P 37/8759 P 37/8431 P 37/8527 P 37/8760 P 37/8432 P 37/8528 P 37/8762 P 37/8442 P 37/8529 P 37/8763 P 37/8443 P 37/8530 P 37/8764 P 37/8445 P 37/8660 P 37/8765 P 37/8454 P 37/8661 P 37/8766 P 37/8608 P 37/8662 P 37/8767 P 37/8609 P 37/8663 P 37/8777 P 37/8610 P 37/8664 P 37/8778 P 37/8611 P 37/8665 P 37/8781 P 37/8612 P 37/8686 P 37/8782 P 37/8615 P 37/8687 P 37/8783 P 37/8617 P 37/8688 P 37/8877 P 37/8618 P 37/8689 P 37/8878 P 37/8621 P 37/8690 P 37/8879 P 37/8622 P 37/8691 P 37/8881 P 37/8629 P 37/8692 P 37/8882 P 37/8630 P 37/8693 P 37/8883 P 37/8631 P 37/8694 P 37/8884 P 37/8632 P 37/8695 P 37/8885 P 37/8633 P 37/8696 P 37/8886 P 37/8634 P 37/8699 P 37/8887 P 37/8635 P 37/8712 P 37/8888 P 37/8636 P 37/8713 P 37/8889 P 37/8637 P 37/8714 P 37/8890 P 37/8638 P 37/8715 P 37/8891 P 37/8639 P 37/8716 P 37/8892 P 37/8640 P 37/8718 P 37/8893 P 37/8641 P 37/8719 P 37/8894 P 37/8648 P 37/8720 P 37/8895 P 37/8649 P 37/8724 P 37/8896 P 37/8650 P 37/8730 P 37/8897 P 37/8651 P 37/8842 P 37/8898 P 37/8652 P 37/8843 P 37/8899 P 37/8653 P 37/8845 P 37/8900 P 37/8657 P 37/8846 P 37/8905 P 37/8659 P 37/8847 P 37/8922 P 37/8784 P 37/8848 P 37/8928 P 37/8785 P 37/8849 P 37/8936 P 37/8788 P 37/8850 P 37/8937 P 37/8789 P 37/8851 P 37/8938 P 37/8790 P 37/8852 P 37/8947 P 37/8794 P 37/8853 P 37/8948 P 37/8795 P 37/8854 P 37/9033 P 37/8811 P 37/8855 P 37/9043 P 37/8812 P 37/8856 P 37/9047 P 37/8814 P 37/8857 P 37/9050 P 37/8820 P 37/8858 P 37/9051 P 37/8821 P 37/8859 P 37/9052 P 37/8822 P 37/8860 P 37/9053 P 37/8823 P 37/8861 P 37/9054 P 37/8824 P 37/8862 P 37/9055 P 37/8825 P 37/8863 P 37/9056 P 37/8826 P 37/8864 P 37/9057 P 37/8827 P 37/8865 P 37/9058 P 37/8828 P 37/8866 P 37/9059 P 37/8830 P 37/8868 P 37/9060 P 37/8831 P 37/8869 P 37/9061 P 37/8832 P 37/8871 P 37/9063-S P 37/8833 P 37/8872 P 37/9064 P 37/8834 P 37/8873 P 37/9065 P 37/8835 P 37/8874 P 37/9071 P 37/8836 P 37/8876 P 37/9072 P 37/8837 P 37/8980 P 37/9073 P 37/8838 P 37/8981 P 37/9074 P 37/8839 P 37/8982 P 37/9075 P 37/8840 P 37/8983 P 37/9076 P 37/8949 P 37/8984 P 37/9077 P 37/8950 P 37/8985 P 37/9078 P 37/8951 P 37/8986 P 37/9079 P 37/8952 P 37/8987 P 37/9095 P 37/8953 P 37/8988 P 37/9096 P 37/8954 P 37/8989 P 37/9097 P 37/8955 P 37/8990 P 37/9100 P 37/8956 P 37/8991 P 37/9198 P 37/8957 P 37/8992 P 37/9199 P 37/8958 P 37/8993 P 37/9200 P 37/8959 P 37/8994 P 37/9201 P 37/8960 P 37/8995 P 37/9202 P 37/8961 P 37/8996 P 37/9203 P 37/8962 P 37/8997 P 37/9204 P 37/8963 P 37/8998 P 37/9205 P 37/8964 P 37/8999 P 37/9206 P 37/8965 P 37/9000 P 37/9207 P 37/8966 P 37/9001 P 37/9208 P 37/8967 P 37/9002 P 37/9209 P 37/8968 P 37/9003 P 37/9210 P 37/8969 P 37/9004 P 37/9211 P 37/8970 P 37/9005 P 37/9212 P 37/8971 P 37/9006 P 37/9213 P 37/8972 P 37/9007 P 37/9214 P 37/8973 P 37/9008 P 37/9215 P 37/8974 P 37/9009 P 37/9216 P 37/8975 P 37/9010 P 37/9217 P 37/8976 P 37/9157 P 37/9218 P 37/8977 P 37/9158 P 37/9219 P 37/8978 P 37/9159 P 37/9220 P 37/8979 P 37/9160 P 37/9221 P 37/9101 P 37/9161 P 37/9222 P 37/9102 P 37/9162 P 37/9223 P 37/9109 P 37/9163 P 37/9224 P 37/9110 P 37/9164 P 37/9225 P 37/9119 P 37/9165-S P 37/9226 P 37/9122 P 37/9167 P 37/9227 P 37/9123 P 37/9168 P 37/9339 P 37/9124 P 37/9169 P 37/9340 P 37/9125 P 37/9170 P 37/9341 P 37/9126 P 37/9178 P 37/9342 P 37/9127 P 37/9179 P 37/9343 P 37/9128 P 37/9182 P 37/9344 P 37/9129 P 37/9183 P 37/9345 P 37/9130 P 37/9184 P 37/9349 P 37/9131 P 37/9185 P 37/9351 P 37/9132 P 37/9186 P 37/9352 P 37/9138 P 37/9187 P 37/9353 P 37/9139 P 37/9188 P 37/9354 P 37/9140 P 37/9189 P 37/9355 P 37/9141 P 37/9190 P 37/9356 P 37/9142 P 37/9191 P 37/9357 P 37/9146 P 37/9192 P 37/9358 P 37/9147 P 37/9193 P 37/9359 P 37/9148 P 37/9194 P 37/9360 P 37/9149 P 37/9195 P 37/9361 P 37/9150 P 37/9196 P 37/9362 P 37/9151 P 37/9197 P 37/9364 P 37/9152 P 37/9288 P 37/9365 P 37/9153 P 37/9289 P 37/9366 P 37/9154 P 37/9290 P 37/9373 P 37/9155 P 37/9291 P 37/9375-S P 37/9229 P 37/9296 P 37/9376-S P 37/9230 P 37/9297 P 37/9377-S P 37/9231 P 37/9298 P 37/9378-S P 37/9232 P 37/9299 P 37/9379-S P 37/9234 P 37/9300 P 37/9436 P 37/9235 P 37/9301 P 37/9437 P 37/9236 P 37/9302 P 37/9442 P 37/9237 P 37/9303 P 37/9443 P 37/9239 P 37/9304 P 37/9444 P 37/9249 P 37/9310 P 37/9445 P 37/9250 P 37/9312 P 37/9446 P 37/9251 P 37/9319 P 37/9450 P 37/9252 P 37/9320 P 37/9451 P 37/9254 P 37/9321 P 37/9452 P 37/9255 P 37/9322 P 37/9453 P 37/9257-S P 37/9323 P 37/9454 P 37/9258-S P 37/9324 P 37/9455 P 37/9259 P 37/9325 P 37/9456 P 37/9260 P 37/9228 P 37/9457 P 37/9261 P 37/9338 P 37/9458 P 37/9264 P 37/9390 P 37/9459 P 37/9267 P 37/9391 P 37/9461 P 37/9268 P 37/9392 P 37/9466 P 37/9270 P 37/9393 P 37/9467 P 37/9271 P 37/9394 P 37/9468 P 37/9281 P 37/9395 P 37/9469 P 37/9282 P 37/9396 P 37/9470 P 37/9283 P 37/9397 P 37/9471 P 37/9284 P 37/9398 P 37/9472 P 37/9286 P 37/9399 P 37/9473 P 37/9287 P 37/9400 P 37/9474 P 37/9326 P 37/9401 P 37/9475 P 37/9327 P 37/9402 P 37/9476 P 37/9328 P 37/9403 P 37/9479 P 37/9329 P 37/9404 P 37/9480 P 37/9330 P 37/9405 P 37/9481 P 37/9331 P 37/9406 P 37/9487 P 37/9332 P 37/9407 P 37/9333 P 37/9408 P 37/9334 P 37/9409 P 37/9335 P 37/9410 P 37/9336 P 37/9411 P 37/9337 P 37/9413 P 37/9380 P 37/9418 P 37/9381 P 37/9419 P 37/9382 P 37/9420 P 37/9383 P 37/9423 P 37/9384 P 37/9424 P 37/9385 P 37/9426 P 37/9386 P 37/9438 P 37/9387 P 37/9439 P 37/9388 P 37/9389 Tenement ID P 37/9488 P 40/1439 P 37/9491 P 40/1464 P 37/9492 P 40/1474 P 37/9497 P 40/1521 P 37/9498 P 40/1525 P 37/9499 P 40/1526 P 37/9505 P 37/9506 P 37/9507 P 37/9508 P 37/9509 P 37/9510 P 37/9511 P 39/5456 P 39/5623 P 39/5859 P 39/5860 P 39/5927 P 39/6147-S P 39/6148-S P 39/6149-S P 39/6152 P 39/6161 P 39/6162 P 39/6163 P 39/6174 P 39/6175 P 39/6226 P 39/6227 P 39/6231
10.Petroleum Interests
(a) The following petroleum interests granted under the Petroleum and Geothermal Energy Resources Act1967 (WA) or the Petroleum Pipelines Act 1969 (WA) and the rights and interests of the holders from time to time of those petroleum interests:
(i) Petroleum Pipeline Licence(s)
Tenement ID
Description
PL 48 Petroleum Pipelines Act 1969 (WA) PL 65 Petroleum Pipelines Act 1969 (WA) PL 36 Petroleum Pipelines Act 1969 (WA) PL 115 Petroleum Pipelines Act 1969 (WA) PL 118 Petroleum Pipelines Act 1969 (WA) PL 24 Petroleum Pipelines Act 1969 (WA) PL 76 Petroleum Pipelines Act 1969 (WA) PL126 Petroleum Pipelines Act 1969 (WA)
(b) The agreement as amended and ratified by the Goldfields Gas Pipeline Agreement Act 1994 (WA) and rights and interests comprised in, conferred under or in accordance with, or pursuant to that agreement, including the following:
Tenure ID
Description
PL 24 Petroleum Pipelines Act 1969 (WA) and Goldfields Gas Pipeline Agreement Act 1994 (WA) F924685 Easement to the State of Western Australia as amended and ratified by the Goldfields Gas Pipeline Agreement Act 1994 (WA). Registered 10 July 1995
11.Access to Mining Tenements and Petroleum Interests
(a)Without limiting the operation of any other clause in this Schedule Six, but subject to clause 11(b) below, any rights of the holders from time to time of a mining tenement or petroleum interest, including those listed in clauses 9 and 10 of this Schedule Six, to use (including by servants, agents and contractors) such portions of roads and tracks in the Determination Area existing as at the date of this determination as are necessary to access the area the subject of the mining tenement or petroleum interest for the purposes of exercising the rights granted by that tenement or interest.
(b)Nothing in clause 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).
(c)Nothing in this Schedule Six will limit the rights of the holders from time to time of mining tenements or petroleum interests, including those referred to in clauses 9 and 10 of this Schedule Six, including any existing right to exclude members of the public from entering onto the land and waters the subject of any mining tenement or petroleum interest.
12.Telstra Corporation Limited
The rights and interests of Telstra Corporation Limited (ACN 051 775 556), its related bodies corporate and successors in title:
(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 Act1914 (WA);
(c)Rights and interests of members of the public arising under the 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 section 212(2) of the Native Title Act and section 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:
(a)Those Aboriginal people who are recognised under traditional law and custom as having rights in some or all of the Determination Area on one or more of the following bases:
(i) biological and/or socially recognised descent from one or more of the owners, under traditional law and custom, of some or all of the Determination Area at the time of non-Aboriginal settlement;
(ii) their own or an ancestor's birth on the Determination Area;
(iii) their own or an ancestor's long association with the Determination Area; or
(iv) the holding of religious, sacred or ritual authority under traditional law and custom for one or more places on the Determination Area.
(b)The descendants of the following ancestors are recognised under traditional law and custom as having rights in some or all of the Determination Area under categories (i) and (ii) above:
(i) Majika mother's mother of Telpha Ashwin, Jumbo Harris and Kweelah;
(ii) Siblings Peter Inkie, Jilyu Fanny and Titjipu – Peter Foley;
(iii) Billy and his two wives Mary Ann and Mary parents of Daisy Cordella, Maggie (aka Wilgie), Julia aka Mundai, Amy aka Jinan Rex, Annie, Maniwa and Winnie;
(iv) Inyarndi mother of Big Paddy Wheelbarrow, Little Paddy Wheelbarrow and Jimmy Wheelbarrow;
(v) Ruby Shea;
(vi) Siblings Andy Fisher and Natha;
(vii) Siblings Beaman aka Charlie, Thadi and Dinah Evans;
(viii) Nobby Nixon and his sister Milibindi;
(ix) Mary Naringa;
(x) Queenie Swan;
(xi) Sarah Ashwin nee Brown (Marakali); and
(xii) Minnie Narrier.
REASONS FOR JUDGMENT
BROMBERG J:
The parties have sought a consent determination under the Native Title Act 1993 (Cth) (NTA) determining that:
(i)native title exists over the lands and waters detailed in Schedule 1 (Determination Area) to the Orders which accompany these reasons (“Orders”); and
(ii)the native title in the Determination Area is held by the native title holders (the Darlot native title holders) identified in Schedule 7 to the Orders.
The Determination Area, depicted in the maps found in Schedule 2 to the Orders, is bounded by the Tjiwarl and Kultju determinations of native title to the north-west and north, respectively: see Narrier v State of Western Australia (No 2) [2017] FCA 104 (Mortimer J) and Sceghi on behalf of the Kultju Native Title Claim Group v State of Western Australia [2019] FCA 1756 (Colvin J). The Tjalkadjara and Waturta native title determination applications abut the Determination Area to the east, and the Nyalpa Pirniku native title determination application abuts the Determination Area to the south-east: see Federal Court of Australia proceedings WAD 597/2018, WAD 297/2018 and WAD 91/2019.
Freehold titles, reserves, pastoral leases and mining tenements cover a large portion of the Determination Area. There are some areas of unallocated Crown land where s 47B of the NTA has been agreed to apply. There are also some reserve areas where s 47A of the NTA has been agreed to apply. These areas and interests are described in Schedules 3, 5 and 6 to the Orders.
The Darlot native title holders that the proposed consent determination will recognise are commonly referred to as the “Darlot Mob”. Those persons take their contemporary group name from the ephemeral Lake Darlot and the abandoned town of Darlot, also known as Woodarra, located in the central-northern part of the Determination Area. The Darlot Mob follow a system of traditional law and custom shared with other members of what is commonly called the “Western Desert Cultural Bloc” (WDCB). The antecedents of many of the Darlot native title holders were members of an amalgamated group of persons many of Tjupan-Pini ancestry and others of Koara ancestry which formed in or about the early 1920s in the Darlot area. There are two Western Desert dialects associated with the Determination Area – Tjupan spoken by the Tjupan-Pini and Baduwonga spoken by the Koara.
Many of the Darlot native title holders and their ancestors were claimants in prior determination applications. Harrington-Smith on behalf of the Wongatha People v State of Western Australia (No 9) [2007] FCA 31 concerned a far wider application for the determination of native title broadly covering the Western Australian Goldfields Region. Ashwin on behalf of the Wutha People v State of Western Australia (No 4) [2019] FCA 308 concerned an application in relation to lands and waters to the north of the Determination Area. Both claims were unsuccessful.
To a significant extent those failed applications reflect the peculiar difficulties that claimants face demonstrating connection with the lands and waters of the Goldfields Region. In this region of Western Australia, wholesale dislocation, upheaval and untold misery was inflicted upon its Aboriginal inhabitants by the invasion of tens of thousands of non-Aboriginal prospectors who occupied the region during the gold rushes of 1890s.
In that context, it is particularly momentous for the Court to pronounce that, for the reasons which follow, this application has succeeded and that it is appropriate for the Court to make the Orders and the native title determination which all parties have agreed should be made.
THE PARTIES AND SUPPORTING MATERIALS
The native title determination application is made by June Harrington-Smith, Verna Vos, Pearl Scott, Wayne Smith, Murray Harris, Maria Meredith, James Calyun, Dorothy Cooper and Joan Tucker (collectively the applicant).
The respondents to the application are:
(i)the State of Western Australia (State);
(ii)the Commonwealth of Australia;
(iii)the Shire of Laverton;
(iv)the Shire of Leonora;
(v)the Shire of Menzies;
(vi)SO4 Fertiliser Developments Pty Ltd;
(vii)Southern Cross Pipelines (NPL) Australia Pty Ltd;
(viii)Southern Cross Pipelines Australia Pty Ltd;
(ix)St Barbara Ltd;
(x)Two Lake Developments Pty Ltd;
(xi)Ulysses Mining Pty Ltd;
(xii)Weebo Exploration Pty Ltd;
(xiii)Agnew Gold Mining Company Pty Ltd;
(xiv)Alinta Energy GGT Pty Ltd;
(xv)APA Operations Pty Ltd;
(xvi)Australian Pipeline Ltd;
(xvii)BHP Nickel West Pty Ltd;
(xviii)Giard Pty Ltd;
(xix)Kin Mining NL;
(xx)Minara Pastoral Holdings Pty Ltd;
(xxi)Murrin Murrin Operations Pty Ltd; and
(xxii)Telstra Corporation Ltd.
The application is supported by the following materials:
(i)The Substituted Native Title Determination Application – Claimant Application (Form 1) filed on 28 April 2021 (Darlot Application);
(ii)a minute signed by each party to the proceeding of proposed consent orders and determination of native title filed on 20 April 2022 (Minute);
(iii)an affidavit of Ms Kelsi Morgan Joan Forrest, Solicitor, sworn on 14 December 2021 (First Forrest affidavit);
(iv)a second affidavit of Ms Kelsi Morgan Joan Forrest, Solicitor, sworn on 19 April 2022;
(v)a third affidavit of Ms Kelsi Morgan Joan Forrest, Solicitor, sworn on 2 May 2022 (Third Forrest affidavit); and
(vi)the joint submission of the applicant and the State filed on 19 April 2022 (Joint Submission).
THE PROCEDURAL BACKGROUND
The applicant initially filed its determination application on 10 April 2018. The Native Title Registrar of the National Native Title Tribunal was not satisfied that the initial form of the application met all of the conditions of ss 190B–190C of the NTA (registration test). Various amendments were made to the determination application, and a number of further iterations of the application were filed in the period 2018 to 2021 which also did not meet the registration test. A third further amended application titled “Substituted Native Title Determination Application” was filed on 28 April 2021. On 9 July 2021 a delegate of the Native Title Registrar decided that the Darlot Application satisfied the registration test and that the claim may be accepted for registration and entered into the Register of Native Title Claims. Notice was given by the Native Title Registrar under s 66 of the NTA and the closing date for the notification period was 28 October 2020.
A number of mediations were convened by a Registrar of this Court after the determination application was first filed with the Court. Mediation between the applicant and neighbouring native title determination applicants resulted in an agreement being reached between the parties to remove various overlaps. The applicant reached agreements of this nature with the Marlinyu Ghoorlie (WAD 647/2017) applicant, the Tjalkadjara (WAD 597/2018) applicant, and the Nyalpa Pirniku (WAD 91/2019) applicant.
Pursuant to my orders of 16 September 2021, mediation also occurred between the applicant and the applicant in the Jardu Mar (WAD 4/2021) native title determination application (Jardu Mar Claim). The overlap between the Darlot Application and the Jardu Mar Claim was resolved by my dismissal of the Jardu Mar Claim on 4 February 2022 pursuant to s 190F(6) of the NTA in Dimer on behalf of theJardu Mar People v State of Western Australia [2022] FCA 64.
On 30 August 2021, I made orders in relation to a number of additional persons coming forward to assert native title rights and interests in the Determination Area, and referred such persons to mediation. Subsequently, seven individuals made applications to be joined as a respondent to the Darlot Application. On 16 February 2022 I dismissed those applications for the reasons set out in Harrington-Smith on behalf of the Darlot Native Title Claim Group v State of Western Australia [2022] FCA 114 (Joinder Decision).
Native Title Services Goldfields (NTSG) were joined as a respondent party to the Darlot Application during the notification period for the claim. Following the Joinder Decision, on 23 February 2022, NTSG provided written notice to the Court under s 84(6) of the NTA that it wished to cease to be a party to the proceeding. NTSG ceased to be a respondent on 24 February 2022.
In the Joint Submission the parties noted that the resolution of the above issues enabled a consent determination of native title to proceed over the entirety of the land and waters covered by the Darlot Application.
As the First Forrest affidavit deposes, at a meeting held on 13 December 2021 in Kalgoorlie, the native title claim group agreed to the resolution of the Darlot Application by consent and authorised the applicant to do all things necessary to ensure that a consent determination was achieved broadly in the terms of the Minute. Subsequently, all parties to the proceeding have executed the Minute and it was filed on 20 April 2022.
THE REQUIREMENTS OF S 87 OF THE NTA
For a determination of native title to be made pursuant to s 87 of the NTA by consent without holding a hearing, the following requirements must be satisfied:
(i)The notification period specified in the notice given under s 66 of the NTA has ended (s 87(1));
(ii)The parties have reached agreement on the terms of orders relating to the proceedings, and matters arising out of those terms (s 87(1)(a) and (aa));
(iii)The parties have reduced their agreement to writing, the agreement has been signed by or on behalf of the parties, and it has been filed with the Court (s 87(1)(b));
(iv)The Court is satisfied that an order in, or consistent with, those terms is within the power of the Court (s 87(1)(c)); and
(v)It appears appropriate to the Court to make an order consistent with the terms of the order sought (ss 87(1A) and 87(2)).
I am satisfied that all of the above requirements are met in the present application. As set out above, the notification period for the Darlot Application ended on 28 October 2020 (s 87(1)). The Minute is an agreement by all of the parties on the terms of an order of the Court in relation to the proceedings (s 87(1)(a) and (aa)). The Minute is in writing, has been signed by the parties or on their behalf and was filed with the Court (s 87(1)(b)).
In order to be satisfied that the orders sought are within the power of the Court, consideration must be given to other requirements made by the NTA. For the following reasons I am also satisfied that the proposed order and the terms of the proposed determination are within the Court’s power to make (s 87(1)(c)):
(i)There is no challenge to the validity of the application for a consent determination. I am satisfied on the basis of the First Forrest Affidavit at [12]-[19] and the Joint Submission that the application was authorised in a manner compliant with the NTA, is a valid application and that the applicant is authorised to have agreed to the Minute;
(ii)There is no approved determination of native title in relation to the area subject to the proposed determination (s 13(1)(a) of the NTA), and the terms of s 68 of the NTA are not applicable;
(iii)There are no proceedings before the Court relating to native title determination applications that cover any part of the area the subject of the proposed determination which would otherwise require orders to be made under s 67(1) of the NTA;
(iv)The form of the proposed determination outlined in the Minute complies with s 94A of the NTA by setting out the details of the matters required by s 225 of the NTA;
(v)The proposed determination concerns rights and interests which the Australian common law is able to recognise (s 223(1)(c)); and
(vi)The requirements of s 87 of the NTA are otherwise satisfied.
I turn now to consider whether the proposed order is appropriate (s 87(1A) and 87(2)).
Whether it is appropriate to make the orders sought
The Applicable Principles
The requirement that the Court be satisfied that the order is “appropriate” is present in both ss 87 and 87A. The applicable principles are the same.
I set out my consideration of what the Court requires in order to be satisfied that the order is “appropriate” in Davey on behalf of the Mayala #2 Native Title Claim Group v State of Western Australia [2019] FCA 1137 as follows:
[14]As I said in Jones on behalf of the Yinhawangka People v State of Western Australia [2017] FCA 801 at [45], the focus of the Court is upon determining whether there is an agreement between the parties and whether that agreement was freely entered into on an informed basis: Hughes (on behalf of the Eastern Guruma People) v State of Western Australia [2007] FCA 365 at [9] (Bennett J). As observed by North J in Ward v State of Western Australia [2006] FCA 1848 at [8]:
The Act makes mediation the primary means of resolution of native title cases. It is designed to encourage parties to take responsibility for resolution of proceedings without the need for litigation. Section 87 must be construed in this context. The section provides a power which is exercisable only when an agreement has been made. The power must be exercised flexibly and with regard to the purpose for which the section is designed. The section should not be construed to require parties in agreement to produce evidence as if in a trial …
[15]I also said in Jones at [44] that in determining where it is appropriate to make the determination sought by the parties, the Court exercises a discretion that must be exercised judicially and within the broad boundaries ascertained by reference to the subject matter, scope and purpose of the NTA: Brown (on behalf of the Ngarla people) v State of Western Australia [2007] FCA 1025 at [22] (Bennett J).
[16]Like Mortimer J in Freddie v Northern Territory [2017] FCA 867 at [20], I accept that it is also important to see the exercise of the judicial power in ss 87 and 87A of the NTA in the context of the Court’s jurisdiction as a whole, and its foundational legislation, the Federal Court of Australia Act 1976 (Cth), and in particular s 37M and s 37N of that Act.
[17]Further, in Brown v Northern Territory of Australia [2015] FCA 1268 at [23], in describing the task to be undertaken by the Court, Mansfield J said this:
The Court is not required to embark upon an inquiry as to the merits of the claim to be itself satisfied that the orders are supported and in accordance with law: Cox on behalf of the Yungngora People v State of Western Australia [2007] FCA 588 at [3] per French J. However, the Court will consider evidence for the limited purpose of determining whether the State has made a rational decision and is acting in good faith: Munn for and on behalf of the Gunggari People v State of Queensland (2001) 115 FCR 109 at [29]-[30] per Emmett J.
[18]The State has a public responsibility to ensure that its agreement to the order proposed is in the interests of the community it represents. That responsibility involves, but it is not limited to, satisfaction by the State that there is a sufficient basis for concluding that the proposed determination is capable of satisfying the requirements of s 225 of the Native Title Act. As Mortimer J said in Freddie:
23.…A s 87 agreement may be reached on behalf of the State (or Territory), and other parties, without the level of proof required in a contested application. Inherent in parties’ agreement to resolve claims by settlement rather than litigation, as in other areas of the law, is a willingness to abide by an outcome without the exhaustive and detailed investigation that accompanies a trial of contested issues of fact and law. The public interest in an outcome of this kind is considerable: see Prior on behalf of the Juru (Cape Upstart) People v State of Queensland (No 2) [2011] FCA 819 at [26], Rares J.
24.The Court is entitled to rely on the processes established by a State (or Territory) for the assessment of claims to native title and, without abdicating its task of determining that the matters set out in s 225 are present in a particular application, is entitled to proceed on the basis the State (or Territory) has made a reasonable and rational assessment of the material to which it has access in deciding to enter into a s 87 agreement: see, in relation to a similar point with respect to s 223 of the Act, King on behalf of the Eringa Native Title Claim Group and the Eringa No 2 Native Title Claim Group v State of South Australia [2011] FCA 1387 at [21] (Keane CJ).
The requirements of s 87(2) of the NTA will likely be met where the Court is satisfied that a relevant government respondent – such as the State – has, through competent legal representation, satisfied itself as to the cogency of the evidence upon which an applicant relies: Jones on behalf of the Yinhawangka People v State of Western Australia [2017] FCA 801 at [46] (Bromberg J). This requires the Court to have an understanding of the process that led to agreement, and in particular how the State (or Territory) went about assessing the underlying evidence as to the existence of native title. Other considerations relevant to whether a free and informed agreement has been reached between the parties include: whether the parties have independent and competent legal representation: Munn (for and on behalf of the Gunggari people) v Queensland (2001) 115 FCR 109 at [29] (Emmett J); Lovett on behalf of the Gunditjmara People v Victoria [2007] FCA 474 at [39]–[40] (North J); whether the terms of the proposed order are unambiguous and certain as to the rights declared: Munn at [32] (Emmett J); and whether the agreement has been preceded by a mediation process: Nangkiriny v Western Australia [2004] FCA 1156 at [6] (North J); Trevor Close on behalf of the Githabul People v Minister for Lands [2007] FCA 1847 at [6] (Branson J) and Lovett at [41]-[42] (North J).
Assessment of Connection to Country
The applicant provided the State with the following material in support of the Darlot native title claimants’ connection to, and occupation of, the Darlot claim area:
(i)an anthropological report of Dr Daniel Vachon dated July 2020;
(ii)a second anthropological report of Dr Daniel Vachon dated November 2020;
(iii)a third anthropological report of Dr Daniel Vachon dated February 2021;
(iv)an affidavit of Ms Geraldine Hogarth dated 13 August 2021;
(v)an affidavit of Mr Travis Tucker dated 13 August 2021;
(vi)an affidavit of Ms Joan Carol Tucker dated 22 September 2021;
(vii)an affidavit of Ms Pearl Scott dated 24 September 2021;
(viii)an affidavit of Ms June Harrington-Smith dated 24 September 2021; and
(ix)an affidavit of Ms Verna Voss dated 24 September 2021
(collectively, the Connection Material).
The Joint Submission explained that the applicant and the State adopted an iterative process for dealing with the Connection Material where meetings where held, and correspondence exchanged between the provision of each anthropological report so that each supplementary report was targeted towards addressing remaining issues identified by the State.
In addition to the Connection Material, the applicant provided the State with earlier anthropological reports in relation to the Darlot Application prepared by Professor Neale Draper and Dr Brendan Corrigan. Anthropological reports by Dr Heather Lynes and Ms Sarah Bell, and Dr Vachon’s responses to the content of those reports, were also considered by the State during the connection assessment process.
The Connection Material as outlined in the Joint Submission, supports the conclusion that the native title rights and interests in the Determination Area are derived from a body of traditional laws and customs maintained and transmitted from generation to generation since prior to the declaration of British sovereignty in Western Australia in 1829. Effective sovereignty in the Determination Area occurred between 1890-1905, reflecting the first gold rush in the region.
As the Joint Submission states, the Darlot native title holders like their ancestors, are members of the Western Desert society and follow the system of traditional laws and customs that is shared with other members of the WDCB. This society is characterised by ‘multiple pathways’ to acquiring rights and interests in land and waters and the fundamental importance of thukurr in governing societal and political relations between its members.
The Darlot native title holders hold rights and interests in the Determination Area under their system of traditional law through the ‘multiple pathways’ system of the WDCB. Birth within the claim area and/or descent from an ancestor born on the claim area are the principal sources from which rights and interests in the Determination Area are derived. However, there are other avenues through which people gain rights in country, most notably long-term association with the Determination Area and responsibility for its religious geography that are recognised in accordance with traditional laws and customs.
By reference to the Connection Material, the Joint Submission states that the Darlot people share with their neighbours to the north and east a belief in the thukurr. Observance of the thukurr requires the Darlot claimants 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 the claimants’ forebears as well as important thukurr sites, and law grounds of various kinds. It is common for important thukurr locations 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.
Further, as the Joint Submission recounts, the word thukurr, what the eminent anthropologist Ronald Berndt called the ‘physiographic mythology', has been found to be a key cultural concept for people throughout the Western Desert, including the Darlot people. Among the Darlot people, thukurr has both an ontological and aetiological role in the origin and emergence of geographic forms. Dr Vachon identified that of the several thukurr known to the Darlot native title holders as being associated with the Determination Area, two stand out: Wati Kutharra and Kumpuwarn. Wati Kutharra is a narrative, song-line and part of those ceremonies which are directed at the transmission of knowledge and socialisation of men. One of the key cultural practices among the Darlot Mob, introduced by Wati Kutharra, concern the rites of male initiation. Kumpuwarn is regarded as ‘women’s business’ and it concerns the regeneration of the land through the flow of water. As the Joint Submission stated, both thukurr concern traditions and practices directed towards the ongoing vitality of the Darlot Mobs’ land and their society as they know it. They also circumscribe the cultural geography of the claim area to a considerable extent.
As the Joint Submission contend by reference to the Connection Material, for the Darlot native title holders, an apical ancestor's customary lands or ‘country’, that is, that area to which an apical ancestor has rights and interests according to traditional laws and customs, is generally referred to as their ngurra. This is a complex relationship, described by Dr Vachon as follows:
One’s ngurra is as much an accomplishment as what might be considered an inheritance. Along with birthplace, other indeterminate bases of land-ownership are tied to culturally-privileged life-cycle events. These include: early life on the land, area of habitual occupation, initiation and acquisition of cultural knowledge, and place of death.
Through the multiple pathways system, an individual has rights to his or her own country in the Determination Area and this local connection accords such persons membership of the Darlot Mob and therefore shared rights in the entire Determination Area.
Dr Vachon identified both the provenance of the Darlot Mob and their unity as a group is the following observations:
In summary, the antecedents of the claimants were members of an amalgamated group of regularly-interacting consociates that was formed in about the early 1920's in the Darlot area. For some, known as Tjupan-Pini, their ngurra extended into the claim area at the time of sovereignty. For others, often called Koara, they originated from adjacent lands to the east and their ngurra came to be regarded as being within the claim area. The descendants of these people, often called the Darlot Mob, comprise the present claimant group. Along with the Darlot Mob, a number of initiated men married local woman [sic] of the Darlot area and took on rights and responsibilities in regard to the Law. All of these men are deceased and their rights were non-transmissible.
…
A strong emotional bond was created between the claimants as they were growing up and mamarli. As Verna Voss put it: ‘My heart melts when I think of those old people. They were around us; we were part of them, even though we weren’t initiated men’. In my opinion, the unity of the claimants as a group arises, in part, from a common sentiment towards mamarli and to the ‘Law’ these senior men ‘looked after’ on behalf of succeeding generations.
In the Joint Submission, the applicant and the State submitted that it was appropriate for the Court to make the determination they sought on the following basis:
(i)Throughout the case and the case management process, including the consent determination negotiation process, the applicant and the State have been legally represented.
(ii)The State has played an active role in the negotiation of the proposed consent determination. In doing so, the State, acting on behalf of the community generally, having regard to the requirements of the NTA and through a rigorous and detailed assessment process, has satisfied itself that the consent determination is justified in all of the circumstances.
(iii)The Connection Material provided to the State is, in the State’s view, sufficient to demonstrate that the Darlot Application has a credible basis and that the native title claimants have maintained a physical presence in the Determination Area since the acquisition of British sovereignty. In addition, evidence of their continuing physical and spiritual involvement in the Determination Area was sufficient to enable the State to conclude that this connection had not been severed. Taken together, the State was satisfied that the material presented was sufficient to evidence the maintenance of connection to the Determination Area in accordance with Western Desert traditional law and custom.
(iv)The State conducted searches of land tenure, mining and petroleum registries to determine the nature and extent of “other interests” (under s 225(c) of the NTA) within the Determination Area, and those interests are included in Schedule 6 to the Orders.
In addition to the above matters, I would add that the Minute has been negotiated through a case management and mediation process with the assistance of a Registrar of the Court who is experienced in dispute resolution in native title cases.
Having regard to the above matters, I am satisfied that the State, acting on behalf of the broader community, has taken a real interest in the proceeding and has engaged in a thorough examination of the application such that it is properly satisfied that there is a credible basis for making the proposed determination. I am therefore satisfied that the proposed order is appropriate and that the requirements made by s 87 of the NTA have been met.
THE DESCRIPTION OF THE DARLOT NATIVE TITLE HOLDERS
The Minute proposes the determination of native title in respect of the native title holders described in Schedule 7 to the Orders. The native title holders are described there as:
(a)Those Aboriginal people who are recognised under traditional law and custom as having rights in some or all of the Determination Area on one or more of the following bases:
(i)biological and/or socially recognised descent from one or more of the owners, under traditional law and custom, or some or all of the Determination Area at the time of non-Aboriginal settlement;
(ii)their own or an ancestor’s birth on the Determination Area;
(iii)their own or an ancestor’s long association with the Determination Area; or
(iv)the holding of religious, sacred or ritual authority under traditional law and custom for one or more places on the Determination Area.
(b)The descendants of the following ancestors are recognised under traditional law and custom as having rights in some or all of the Determination Area under categories (i) and (ii) above:
(i)Majika mother’s mother of Telpha Ashwin, Jumbo Harris and Kweelah;
(ii)Siblings Peter Inkie, Jilyu Fanny and Titjipu – Peter Foley;
(iii)Billy and his two wives Mary Ann and Mary parents of Daisy Cordella, Maggie (aka Wilgie), Julia aka Mundai, Amy aka Jinan Rex, Annie, Maniwa and Winnie;
(iv)Inyarndi mother of Big Paddy Wheelbarrow, Little Paddy Wheelbarrow and Jimmy Wheelbarrow;
(v)Ruby Shea;
(vi)Siblings Andy Fisher and Natha;
(vii)Siblings Beaman aka Charlie, Thadi and Dinah Evans;
(viii)Nobby Nixon and his sister Milibindi;
(ix)Mary Naringa;
(x)Queenie Swan;
(xi)Sarah Ashwin nee Brown (Marakali); and
(xii)Minnie Narrier.
The Joint Submission identified that the native title holders described in Schedule 7 to the Orders do not precisely align with the native title claim group described in the Darlot Application. The Darlot Application had included the phrase “migration to and” prior to the words “long association” as a basis for holding native title in sub-paragraph (a)(iii) above.
The Joint Submission submitted that I should make the determination in the terms proposed in the Minute because the amended description in Schedule 7 to the Orders was the result of additional anthropological consideration; was agreed to by the native title claim group; does not exclude any person said to hold native title rights and interests in the Determination Area, but, rather, ensures that all those who have been identified and accepted as holding native title are accurately captured; and, has been accepted and agreed to by the State.
The Court is not limited to making a determination in the form sought in an application for the determination of native title and may proceed to make a determination in such form as it sees fit based on the evidence, provided the application remains valid: see Billy Patch and Others on behalf of the Birriliburu People v State of Western Australia [2008] FCA 944 at [18] (French J); Watson on behalf of the Nyikina Mangala People v State of Western Australia (No 6) [2014] FCA 545 at [33] (Gilmour J) and Jones [2017] FCA 801 at [38] (Bromberg J).
For the reasons given by the parties in the Joint Submission, in my view it is appropriate to adopt the description of the native title holders identified in Schedule 7 to the Orders.
NOMINATION OF A PRESCRIBED BODY CORPORATE
Where the Court proposes to make a determination that native title exists it must determine whether the native title is to be held in trust and if so by whom: ss 55 and 56(1) of the NTA. The Court may determine that the native title is to be held in trust if the common law holders have given a nomination of the kind referred to in s 56(2)(a) of the NTA.
Annexed to the Third Forrest Affidavit was a written notice by a representative of the native title claimants nominating the Watarra Aboriginal Corporation (ICN 9712) incorporated under the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Cth) to be the prescribed body corporate and trustee of the native title on behalf of the native title claimants. At a meeting of the Watarra Aboriginal Corporation’s Board of Directors on 6 April 2022, the directors resolved to accept the nomination to be the prescribed body corporate to hold and manage the native title determined in this proceeding in trust for the native title claimants.
It is therefore appropriate to make an order that the Watarra Aboriginal Corporation (ICN 9712) shall hold the determined native title in trust for the Darlot native title holders pursuant to s 56(2)(b) of the NTA.
CONCLUSION
I am satisfied that the requirements of the NTA are met and that it is appropriate that the orders and the determination of native title proposed by the parties should be made. Those orders recognise that which has always existed under the traditional laws and customs which govern the Determination Area but, regretfully, has never before been acknowledged by Australian law.
I congratulate the parties on reaching their agreement and will make orders in the terms proposed by them.
I certify that the preceding forty-eight (48) numbered paragraphs are a true copy of the Reasons for Judgment of the Honourable Justice Bromberg. Associate:
Dated: 5 July 2022
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 = Plan
PP = Public Plan
GG = Government Gazette (followed by the date in day, month, year format, followed by page number)
CPP = Cancelled Public Plan
DP = Deposited Plan
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 = Plan
PP = Public Plan
- AGLC
- Harrington-Smith on behalf of the Darlot Native Title Claim Group v State of Western Australia (No 2) [2022] FCA 764
- Case
- [2022] FCA 764
- Decision Date
CaseChat Overview and Summary
The legal issues centred on whether the application for consent determination fulfilled the conditions set out in section 87 of the Native Title Act 1993 (Cth). The key requirements included the completion of the notification period, the agreement between parties, the written form of the agreement, the compliance with other provisions of the Act, and the appropriateness of the order sought. The Court assessed these conditions based on the submissions and evidence presented by the parties.
The Court found that all the requirements of section 87 were satisfied. The notification period had ended, and the parties had reached an agreement in writing, which was filed with the Court. The Court was satisfied that the orders sought were within its power and complied with the provisions of the Act. The determination recognised native title rights and interests over certain areas, subject to specific qualifications and exclusions, including rights to access, use, and enjoy the land and waters, subject to traditional laws and customs and applicable state and federal laws. The Court also acknowledged the existence of other interests, such as mining and petroleum rights, and their relationship with native title rights and interests.
The Court ordered the determination of native title in the Darlot Application area, specifying the areas where exclusive and non-exclusive rights apply, and the qualifications on these rights. The Watarra Aboriginal Corporation was designated to hold the determined native title in trust for the native title holders. The Court's decision provided a detailed description of the areas involved, the nature and extent of native title rights and interests, and the relationship between native title and other interests. The outcome of the case was a consent determination that recognised the native title rights and interests of the claim group over the specified area, subject to the terms and conditions outlined in the Court's order.
Orders
Orders of the court
1. In relation to the Determination Area, there be a determination of native title in WAD 142 of 2018 in the terms of the Determination as provided for in Attachment A.
2. The Watarra Aboriginal Corporation (ICN 9712) 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 (section 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 (section 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 (sections 225(b) and 225(e) Native Title Act)
Exclusive rights and interests
4. Subject to paragraphs 2, 6 and 10, 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 2, 6, 7 and 10, 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, traverse, remain in and move about the area;
(b) camp and erect shelters on the area;
(c) access, use and take for any purpose the resources of the area;
(d) hold meetings, participate in cultural activities and conduct ceremonies;
(e) maintain and protect places of significance on the area; and
(f) receive a portion of any resources (not including minerals or petroleum) taken from the Determination Area by Aboriginal people who are also governed by Western Desert traditional laws and customs.
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 ss 47A or 47B of the Native Title Act apply
8. Sections 47A and 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 to 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:
All those lands and waters commencing from the easternmost southeastern corner of Reserve 30897 being a point on the present boundary of Native Title Determination WAD225/2018 Kultju (WCD2019/012) and extending easterly, generally southerly, again easterly, northerly and again easterly along the boundaries of that native title determination to the northernmost northeastern corner of Pastoral Lease N049788 (Melrose); Then southerly, generally westerly, again southerly, easterly and again southerly along the boundaries of that pastoral lease to Latitude 27.761726 South; Then easterly to Latitude 27.764411 South, Longitude 121.586366 East; Then northeasterly to the intersection of an eastern boundary of Lot 42 as shown on Deposited Plan 238049 (Pastoral Lease N050400 (Banjawarn)) with a line joining Latitude 27.764411 South, Longitude 121.586366 East and Latitude 27.516293 South, Longitude 122.136746 East; Then southerly, easterly, again southerly, westerly, again southerly, generally southeasterly and generally westerly along the boundaries of that lot to the easternmost northeastern corner of Lot 43 as shown on Deposited Plan 238402 (Pastoral Lease N049822 (Nambi)); Then southerly along the boundary of that lot to the northernmost northeastern corner of Lot 35 as shown on Deposited Plan 238402 (Pastoral Lease N049822 (Nambi)); Then generally southerly along the boundaries of that lot to its southernmost southeastern corner; Then southwesterly to the intersection of a line joining the southernmost southeastern corner of Lot 35 as shown on Deposited Plan 238402 (Pastoral Lease N049822 (Nambi)) to the northern corner of Lot 21 as shown on Deposited Plan 220928 with a line joining Latitude 28.789849 South, Longitude 121.799120 East and Latitude 28.786713 South, Longitude 121.811331 East; Then generally southwesterly through the following coordinate points:
LATITUDE (SOUTH)
LONGITUDE (EAST)
28.789849
121.799120
28.791172
121.785761
28.793259
121.774973
28.794869
121.765555
28.796576
121.757450
28.798282
121.749344
28.800085
121.742553
28.801791
121.734447
28.804116
121.726942
28.806393
121.718780
28.809144
121.709248
28.811991
121.701029
28.815458
121.693410
28.817635
121.683932
28.820530
121.676369
28.822804
121.668204
28.825175
121.661354
28.828117
121.654446
28.831059
121.647538
28.833903
121.639316
28.837890
121.630981
28.841827
121.621989
28.847382
121.611512
28.852265
121.599776
28.858340
121.588583
28.863589
121.572348
28.870497
121.550964
Then southwesterly to the easternmost northeastern corner of Lot 93 as shown on Deposited Plan 243239 (Reserve 7521); Then southerly along the boundary of that lot to the intersection with the northern boundary of the northern severance of Lot 1 as shown on Deposited Plan 243239 (Reserve 7521); Then easterly and southerly along the boundaries of that severance to its southeastern corner; Then southerly to the northeastern corner of the southern severance of Lot 1 as shown on Deposited Plan 243239 (Reserve 7521); Then southerly and westerly along the boundaries of that severance to the southernmost southeastern corner of Lot 93 as shown on Deposited Plan 243239 (Reserve 7521); Then generally westerly along the boundary of that lot to the intersection with the eastern boundary of the present Malcolm Townsite boundary; Then southerly along that townsite boundary to the northernmost northeastern corner of the easternmost severance of Lot 92 as shown on Deposited Plan 243239 (Reserve 7521); Then southerly, easterly and southwesterly along the boundaries of that severance to its southwestern corner; Then west to a western boundary of the Menzies-Leonora Railway being a point on the present boundary Reserve 7521; Then southwesterly and westerly along the boundaries of that reserve to the intersection with an eastern boundary of Reserve 10096; Then southerly and westerly along the boundaries of that reserve to its southwestern corner; Then southeasterly and northwesterly through the following coordinate points:
LATITUDE (SOUTH) (SOUth(SOUTH)
LONGITUDE (EAST)
29.003734
121.500580
28.982724
121.386055
Then northwesterly to the intersection of the centreline of the Goldfields Highway with Latitude 28.979523 South; Then generally southerly and generally southwesterly along the centreline of that highway to the intersection with the northern boundary of the eastern severance of the Menzies Townsite boundary; Then westerly, southerly, southeasterly, generally southwesterly, generally southeasterly and generally northeasterly along that townsite boundary to the intersection with the centreline of the Goldfields Highway at approximate Latitude 29.703175 South; Then generally southeasterly along the centreline of that highway to the intersection with a line joining Latitude 29.748470 South, Longitude 121.194443 East and Latitude 29.749000 South, Longitude 121.055613 East; Then westerly to Latitude 29.749000 South, Longitude 121.055613 East; Then westerly to the intersection of Longitude 121.044594 East with a line joining Latitude 29.757126 South, Longitude 120.634704 East and Latitude 29.749000 South, Longitude 121.055613 East; Then northwesterly to the southernmost corner of western severance of the Menzies Townsite boundary; Then northwesterly along that townsite boundary to its westernmost corner; Then northwesterly to the intersection of a southern boundary of Dedicated Road No. 1100 (Evanston-Menzies Road) with Longitude 121.012125 East; Then southwesterly along the southern boundary of that dedicated road to the intersection with the prolongation southerly of the western boundary of Lot 45 as shown on Deposited Plan 220928 (Pastoral Lease N050241 (Melita)); Then northerly along that prolongation and the western boundary of that lot to the southwestern corner of Lot 51 as shown on Deposited Plan 220520 (Pastoral Lease N050635 (Sturt Meadows)); Then northerly along the boundary of that lot to the southernmost southwestern corner of Lot 61 as shown on Deposited Plan 220520 (Pastoral Lease N050635 (Sturt Meadows)); Then northerly, westerly and again northerly along the boundaries of that lot to its northernmost northwestern corner; Then northwesterly to the southernmost southwestern corner of the southwestern severance of Pastoral Lease N049440 (Weebo); Then northerly, generally westerly and again northerly along the boundaries of that severance to the westernmost southwestern corner of Lot 176 as shown on Deposited Plan 36232 (Reserve 9699); Then northerly along the boundary of that lot to the intersection with a western boundary of Pastoral Lease N049440 (Weebo); Then northerly, easterly and again northerly along the boundaries of that pastoral lease to Latitude 28.079015 South; Then northeasterly through the following coordinate points:
LATITUDE (SOUTH)
LONGITUDE (EAST)
28.043090
120.856286
28.027811
120.881008
28.006950
120.925175
28.004532
120.938648
28.003504
120.952592
27.999948
120.968397
27.998672
120.983311
Then westerly to the intersection of an eastern boundary of Pastoral Lease N049438 (Leinster Downs) with Latitude 27.998672 South being a point on the present boundary of Native Title Determination WAD228/2011 Tjiwarl (WCD2017/001); Then generally northerly and easterly along the boundaries of that native title determination back to the commencement point.
Note: Geographic Coordinates provided in Decimal Degrees.
All referenced Deposited Plans and Diagrams are held by the Western Australian Land Information Authority, trading as Landgate.
Cadastral boundaries sourced from Landgate’s Spatial Cadastral Database dated 1st November 2021.
Goldfields Highway Centreline sourced from Landgate’s Road Centreline dataset.
For the avoidance of doubt the determination excludes any land and waters subject to:
Native Title Determination Application WAD225/2018 Kultju (WCD2019/012) as Determined in the Federal Court on the 30/10/2019.
Native Title Determination Application WAD228/2011 Tjiwarl (WCD2017/001) as Determined in the Federal Court on the 27/04/2017.
Native Title Determination Application WAD597/2018 Tjalkadjara (WC2018/025) as filed in Federal Court on the 17/12/2018.
Native Title Determination Application WAD91/2019 Nyalpa Pirniku (WC2019/002) as accepted for registration on the 15/05/2019.
Native Title Determination Application WAD186/2017 Maduwongga (WC2017/001) as accepted for registration on the 03/08/2017.
Datum: Geocentric Datum of Australia 2020 (GDA2020)
Prepared By: Graphic Services (Landgate) 15th December 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 NTA applies:
Interest
Description / Purpose
Reserve 10575
Use and Benefit of Aboriginal People and Cultural Heritage Protection
Reserve 11119
Use and Benefit of Aboriginal Inhabitants
Reserve 24481
Use and Benefit of Aboriginal Inhabitants
Reserve 30127
Native Housing
Reserve 30896
Use and Benefit of Aborigines
Reserve 34913
Aborigines Community Centre and Short Stay Accommodation
Reserve 35509
Use and Benefit of Aboriginal Inhabitants
Reserve 41510
Use and Benefit of Aboriginal Inhabitants
2. Areas where s 47B of the NTA applies:
MapInfo ID.
Description
Exclusions
UCL 0082
That portion of UCL 0082 (Lake Ballard) that falls within the Determination Area
UCL 0103
10 Mile Outcamp
UCL 1244
UCL between Menzies and Lake Ballard
UCL 0043, UCL 0067- UCL0074, UCL 0083, UCL 0105, UCL 0696- UCL 0882, UCL 1144- UCL1146, UCL 1179, UCL 1189
UCL in and around the Historic Townsite of Malcolm
Part covered by mining lease M37/1164 as at 10 April 2018
UCL 1141
UCL east of Reserve 11119 in the town of Leonora
SCHEDULE FOUR
AREAS WHERE NATIVE TITLE DOES NOT EXIST
Paragraph 2
Native title does not exist in relation to land and waters the subject of the following interests within the Determination Area which, with the exception of public works (as described in clause 8 of this Schedule), are generally shaded in pink on the maps in Schedule Two.
For the avoidance of doubt, unless otherwise specified, the following interests are as contained in the MapInfo Tenure Information prepared by the Western Australian Land Information Authority dated 21 January 2021.
1. Freeholds
The following grants of estates in fee simple:
Current Freehold
Certificate of Title
CT0004500029A
CT001820002
CT0022500009
CT0023700121
CT0023700123
CT0026600163
CT0038300093A
CT0041500089
CT0041900049
CT0042100090
CT0042100091
CT0042100092
CT0042100159A
CT0042100167
CT0043700098
CT0043700099
CT0043900037
CT0044000199A
CT0045600017
CT0045900133
CT0046700099
CT0047300040
CT0047400003A
CT0050300153A
CT0050300154A
CT0051700010A
CT0054300099
CT0055300196A
CT0056200051
CT0057000021A
CT0057000024A
CT0057000025A
CT0057000026A
CT0061400038
CT0064900031
CT0067400056
CT0073900117
CT0096600188
CT0100600746
CT0101200616
CT0106400376
CT0106500340
CT0107600509
CT0107700995
CT0108100738
CT0108500515
CT0108600132
CT0109400834
CT0110200596
CT0110600005
CT0111200860
CT0116600598
CT0118100776
CT0122200402
CT0123100998
CT0124000945
CT0132400383
CT0133000155
CT0133300047
CT0133700807
CT0134900209
CT0137200190
CT0137200191
CT0137200192
CT0137300398
CT0137300399
CT0138300365
CT0138300366
CT0138300376
CT0138300378
CT0139400850
CT0139400851
CT0140300374
CT0140300375
CT0140300376
CT0140300377
CT0141700838
CT0141700839
CT0142800638
CT0143600080
CT0143800545
CT0145300126
CT0152000400
CT0154800308
CT0154800310
CT0155500098
CT0155700587
CT0156400210
CT0157000124
CT0157000125
CT0157000151
CT0157000158
CT0157100593
CT0157600399
CT0158400063
CT0159400721
CT0159900891
CT0160200004
CT0160200033
CT0160400316
CT0161700693
CT0161900373
CT0162100048
CT0163600992
CT0164300932
CT0164600386
CT0165000514
CT0165100983
CT0165400214
CT0165400266
CT0166400359
CT0166700940
CT0166700941
CT0167600095
CT0167600097
CT0167800464
CT0167800805
CT0167900004
CT0168900698
CT0169100442
CT0169300298
CT0169900103
CT0170500066
CT0170600172
CT0170600336
CT0170600337
CT0171000107
CT0171000116
CT0171900994
CT0171900995
CT0171900996
CT0172700325
CT0172700997
CT0173500459
CT0174000182
CT0174000264
CT0174600529
CT0175200988
CT0175400159
CT0175400160
CT0175400161
CT0175500103
CT0176200837
CT0176500595
CT0176500660
CT0176500661
CT0176800787
CT0176800788
CT0177400719
CT0177700952
CT0178300911
CT0178300912
CT0178300965
CT0178400098
CT0178400544
CT0178600117
CT0178800124
CT0179600234
CT0179800481
CT0180100794
CT0180100796
CT0180100797
CT0180600435
CT0180600876
CT0180600918
CT0180900096
CT0180900097
CT0181300645
CT0181500765
CT0182500175
CT0182500176
CT0182700697
CT0183100344
CT0183400020
CT0183400021
CT0183700537
CT0184000516
CT0184000517
CT0184100204
CT0184800151
CT0185000514
CT0185000536
CT0185000570
CT0185100674
CT0186200349
CT0186300897
CT0186500195
CT0186500336
CT0186800037
CT0186900608
CT0187300563
CT0188000628
CT0188000631
CT0188100918
CT0188100919
CT0188100921
CT0188400348
CT0188500284
CT0188700642
CT0188800461
CT0188800462
CT0189100061
CT0189400934
CT0189400942
CT0189900506
CT0189900507
CT0189900508
CT0189900509
CT0189900510
CT0189900511
CT0189900512
CT0189900513
CT0189900514
CT0189900515
CT0189900516
CT0190400342
CT0190900095
CT0190900096
CT0191100272
CT0191100282
CT0192000353
CT0192000354
CT0192000355
CT0192000356
CT0192000357
CT0192100292
CT0192800106
CT0192800197
CT0193300144
CT0193300788
CT0193600341
CT0193700758
CT0194400281
CT0194500218
CT0194800667
CT0195200197
CT0195200198
CT0195200948
CT0195200949
CT0195900285
CT0196000108
CT0196100080
CT0196300004
CT0197600125
CT0197600126
CT0199300357
CT0199500718
CT0199700745
CT0200100100
CT0200500816
CT0201600286
CT0201600287
CT0201800369
CT0203600359
CT0203600360
CT0204000891
CT0205000824
CT0205900375
CT0206000738
CT0208000601
CT0208800998
CT0209200700
CT0209500002
CT0209500781
CT0209800004
CT0210000039
CT0210300120
CT0210400233
CT0210400247
CT0210800160
CT0210800161
CT0210800162
CT0211100603
CT0212500542
CT0212500543
CT0212800372
CT0213200023
CT0213200024
CT0213700346
CT0213700347
CT0214100488
CT0214200099
CT0214700366
CT0214900259
CT0215700059
CT0217000768
CT0217800213
CT0218200350
CT0218800396
CT0219700127
CT0220200306
CT0220200345
CT0220700789
CT0220700797
CT0221000217
CT0221800598
CT0221800599
CT0221800600
CT0221800608
CT0222000731
CT0222000732
CT0222000733
CT0222000734
CT0222000735
CT0222000736
CT0222000737
CT0222000738
CT0222000739
CT0222000740
CT0222000741
CT0222000742
CT0222000743
CT0222000744
CT0222000745
CT0222000746
CT0222000747
CT0253600574
CT0253600575
CT0256400923
CT0258500891
CT0258500892
CT0265500639
CT0265500640
CT0267100999
CT0267400650
CT0267400651
CT0267400652
CT0267400653
CT0267600104
CT0267600111
CT0268700617
CT0271200318
CT0271200396
CT0274100756
CT0274100757
CT0274500010
CT0274500011
CT0274600167
CT0274600546
CT0274600547
CT0274600555
CT0274600556
CT0274600557
CT0274600564
CT0274800767
CT0275800271
CT0275800272
CT0277300648
CT0277300649
CT0277400059
CT0277400060
CT0277400061
CT0277400062
CT0277400063
CT0277400064
CT0277400065
CT0277400066
CT0277400067
CT0277400068
CT0277400069
CT0277400070
CT0277400071
CT0277400072
CT0279400173
CT0281200328
CT0283700584
CT0286300899
CT0288400788
CT0291800983
S032298
S032461
S053320
Historical Freehold
Certificate of Title
CT0011900122
CT0011900124
CT0011900125
CT0011900126
CT0011900194
CT0011900197
CT0012100086
CT0012100087
CT0012100102
CT0012100103
CT0012100104
CT0012100105
CT0012100106
CT0012100107
CT0012100108
CT0012100109
CT0012100110
CT0012100111
CT0012100112
CT0012100113
CT0012100114
CT0012100119
CT0012200153
CT0012200154
CT0012200163
CT0012300194
CT0012300195
CT0012400189
CT0012400190
CT0012500081
CT0012700036
CT0012700049
CT0012700088
CT0012700100
CT0012700160
CT0012700161
CT0016700041
CT0016700136
CT0016700179
CT0017000038
CT0017300099
CT0017600115
CT0017600156
CT0017900063
CT0018200002 – subject to current lease K087989
CT0018200003
CT0018200040
CT0018200095
CT0018200120
CT0018200146
CT0018200189
CT0018600062
CT0018600063
CT0018600123
CT0018600154
CT0019200110
CT0019200142
CT0019600124
CT0019600175
CT0019600176
CT0019600191
CT0019900192
CT0020300180
CT0020300184
CT0020300193
CT0020600005
CT0020700195
CT0020800106
CT0020800127
CT0020800128
CT0020800129
CT0020800130
CT0020900094
CT0020900095
CT0020900096
CT0020900097
CT0021000065
CT0021000066
CT0021000067
CT0021000068
CT0021000069
CT0021000070
CT0021000071
CT0021300120
CT0021300129
CT0021400102
CT0021400103
CT0021400104
CT0021400105
CT0021500025
CT0021500026
CT0021600002
CT0021600003
CT0021600004
CT0022200108
CT0022200109
CT0022200110
CT0022200111
CT0022300010
CT0022300123
CT0022300124
CT0022600043
CT0022700019
CT0022800027
CT0022900059
CT0023100064
CT0023100065
CT0023100108
CT0023300188
CT0023400166
CT0023600027
CT0023800035
CT0023900068
CT0024000195
CT0024000196
CT0024000197
CT0024100097
CT0024100098
CT0024300130
CT0024600026
CT0024600027
CT0024800055
CT0024800056
CT0024900001
CT0024900002
CT0025200079
CT0025200080
CT0025200147
CT0025300155
CT0025500116
CT0025600033
CT0025700151
CT0025800065
CT0025800066
CT0025800067
CT0026000158
CT0026200100
CT0026200101
CT0026300002
CT0026300182
CT0026300183
CT0026300191
CT0026600091
CT0026600168
CT0026700145
CT0026800031
CT0026900084
CT0026900086
CT0026900087
CT0027000029
CT0028100141
CT0028900117
CT0028900118
CT0028900119
CT0029000012
CT0029700150
CT0299199199
CT0031700174
CT0032800032
CT0034400174
CT0034900051
CT0036300004
CT0036400114
CT0037200148
CT0039200178
CT0039200179
CT0040300125
CT0040500126
CT0040500139
CT0041200170
CT0041600163
CT0041700137
CT0041800035
CT0041800036
CT0042100089
CT0042100093
CT0042100164
CT0042300034
CT0042400126
CT0042700148
CT0043500005
CT0043700097
CT0043800044
CT0043900141
CT0043900144
CT0043900155
CT0044100137
CT0044500162
CT0045500005
CT0045600084
CT0046000037
CT0046600036
CT0047800028
CT0047800029
CT0048800084
CT0049700129
CT0050000086
CT0050600035
CT0050700058
CT0051400015
CT0051800011
CT0052200140
CT0054400137
CT0061400036
CT0064600142
CT0068100024
CT0068700099
CT0069100066
CT0091500178
CT0110500936
CT0123800942
CT0129600663
CT0135700303
CT0136200070
CT0270800445
CT0270800446
CT0270800447
CT0270800448
CT0299100199
GT0001700357
SR0000100691
2. Reserves
The following reserves:
Reserve No.
Current / Last Purpose
3383
Water
3384
Water
4378
(Cancelled)
Recreation
4619
Water
4944
Recreation
4989
Mechanics Institute
5213
Water
6504
Water
6721
School Education Act 1999
6784
Explosives
7030
Water
7059
Water Act 57 Vic No 20
7112
Water Act 57 Vic No 20
7224
(Cancelled)
Common
7524
Hospital and Allied Station
7564
Water Act 57 Vic No 20
7746
(Cancelled)
Fire Brigade Station
7794
(Cancelled)
Rifle Range
8193
(Cancelled)
Water and Municipal
8328
(Cancelled)
Water
8723
(Cancelled)
Rifle Range Gwalia Rifle Club
8946
Recreation and Water
9127
(Cancelled)
Explosives
9681
Water
10026
Preservation of Historic Buildings
10219
(Cancelled)
Rubbish Depot
10245
(Cancelled)
Camping Ground for Asiatics
10867
Water Supply
11267
Water Supply
11723
State Battery
11578
(Cancelled)
Municipal Tramways
12087
(Cancelled)
Literary Institute
16684
(Cancelled)
Sanitary Site
17140
Water
17302
Water
17658
(Cancelled)
Resting Place for Travellers and Stock
17899
Water and Camping
19701
(Cancelled)
Recreation
20018
(Cancelled)
Government Requirements
20476
Common
21268
(Cancelled)
Water
21301
(Cancelled)
Recreation Hockey
21536
(Cancelled)
Recreation
22194
Explosives
23114
(Cancelled)
Children's playground
23752
Racecourse
23925
(Cancelled)
Public Utility
23926
(Cancelled)
Public Utility
24145
Mineral Processing
25444
(Cancelled)
Recreation Golf Club House and Tennis Courts
25802
Preservation of Historic Buildings
25852
Recreation
25897
Native Housing
28602
(Cancelled)
Caravan Park
28826
Use and Requirement of Shire of Leonora
30726
Housing Native Welfare Department
31025
Water Supply
31803
(Cancelled)
Police
31222
For the Purpose of the School Education Act 1999
31803
Police
32544
Recreation Gun Club
32799
Water Supply Depot
33509
(Cancelled)
Recreation
33510
Drainage
33934
Community Health Services
34102
(Cancelled)
Power Station Site
35047
Preservation of Historical Buildings
35852
Recreation and Drainage – part extinguished other than portion covered by Leonora Golf Course
36313
Water Supply
36034
Railway Purposes
36509
Telecommunications Microwave and Broadcast Services Site
37087
Mineral Processing
37672
(Cancelled)
Tourist Centre
37961
Depot Site
38394
Quarry Main Roads Department
38422
Depot Site Main Roads Department
38442
Water Supply
38928
Water Supply
38978
Depot Site
39005
Telecommunications
39607
Drainage
40502
(Cancelled)
Sanitary Site – part extinguished other than portion now UCL 1174
41577
Sewage Pumping Station
41609
Rubbish Disposal Site
41895
Ambulance Depot
41956
Sewage Treatment Plant
42061
Recreation
42233
Tourist Information Bay
42235
Public Utilities Services
42310
Repeater Station Site
42827
Waste Water Treatment Plant
42840
Repeater Station Site
44116
Repeater Station Site
44262
Parking
44500
Public Utility Services
44630
Health (Multi-Purpose Health Centre)
45374
Drainage and Public Utility
46874
Recreation
47335
(Cancelled)
Use and Requirements of the Shire of Leonora
47340
Rifle Range
51016
Public Recreation
51017
Public Recreation
3. Leases
The following leases:
Lease No.
Current / Last Purpose
General Leases
GE H266487
Light Industry
GE H745671
Single Men's Quarters
GE H755165
Office and Employee Accommodation
GE H838382
Single Persons Quarters
GE H859922
Residence
GE I115133
Truck Parking
GE I126341
Grazing
GE I126366
Residence and Cultivation and Grazing
GE I126873
Grazing
GE I126880
Residence, Grazing and Uses Ancillary to the Mining Industry
GE I131296
Temporary Staff Quarters
GE I131318
Staff Quarters
GE I134837
Residence
GE I135162
Light Industry
GE I154262
Single Men's Quarters
GE I258343
Grazing
GE I478683
GE I595862
GE I774197
Single Men's Quarters
Leases
1125/41A
Grazing
1256/41A
Pastoral Purposes
0392/42
Hall Site
0503/42
Rifle Range
332/1015
Grazing – subject to current lease N477321
332/1219
State Hotel
332/1232
Grazing
332/1284
Pastoral Purposes
332/1697
Grazing
332/1698
Grazing
332/1724
Grazing - subject to current lease N622312
332/1771
Grazing
332/1802
Grazing - subject to current lease N199620
332/1910
Grazing
332/2009
Grazing – subject to current lease M106297
332/2152
Grazing
332/2170
Grazing – subject to current reserve lease N434164
333/0443
Hotel
333/0570
Race Course
GE I126330
See lease 332/1771 above
GE I135159
See lease 332/2170 above
GE I150603
See lease 332/2152 above
GE K410680
Relates to current lease M106297 still being reviewed
GE N104719
GE N147663
Leases of a Town or a Suburban Lot
3117/0410
3117/0411
3117/0676
3117/0804
3117/0805
3117/0952
Subject to current lease J864438
3117/1382
3117/1384
Subject to current lease O152872
3117/2084
3117/2140
3117/2259
3117/2294
3117/2443
3117/2474
3117/2532
3117/2533
3117/2534
3117/2581
3117/2633
3117/2634
3117/2657
3117/2680
3117/2681
3117/2739
3117/2776
Subject to current lease N105296
3117/2777
3117/2822
Subject to current lease N641043
3117/2886
3117/2887
3117/2995
3117/2996
3117/3203
3117/3204
Subject to current lease N105607
3117/3294
3117/3295
3117/3296
3117/3297
3117/3298
3117/3312
3117/3321
3117/3341
3117/3384
1301/153
1302/153
1635/153
1643/153
1648/153
2253/153
2264/153
2320/153
2355/153
2463/153
2464/153
Subject to current lease N104090
2570/153
2832/153
2902/153
2922/153
2947/153
2964/153
2971/153
3067/153
3119/153
3319/153
3402/153
3647/153
3843/153
3888/153
4421/153
5034/153
5044/153
5067/153
Subject to current lease O152874
5293/153
5334/153
5375/153
5402/153
5554/153
5763/153
5845/153
5986/153
6012/153
6119/153
6120/153
6224/153
6225/153
6226/153
Subject to current lease I600530
6298/153
Subject to current lease N105475
6299/153
6301/153
6302/153
6303/153
6304/153
6305/153
6307/153
6310/153
6313/153
6315/153
6316/153
6318/153
6319/153
6320/153
6321/153
6322/153
6323/153
6326/153
6327/153
Subject to current lease N313605
6329/153
6336/153
6337/153
6338/153
6339/153
6340/153
6342/153
6351/153
6352/153
6353/153
6368/153
6369/153
Subject to current lease N105482
6370/153
6384/153
6393/153
6408/153
6419/153
6438/153
Subject to current Lease M633241
6460/153
6462/153
6465/153
6569/153
6594/153
6600/153
6602/153
6603/153
6604/153
6726/153
6771/153
Residential Areas
21/3015
21/3016
21/3017
21/3018
21/3019
21/3021
21/3025
21/3027
21/3140
21/3344
21/3345
21/3346
21/3347
21/3348
21/3350
21/3351
21/3352
21/3353
21/3354
21/3355
21/3356
21/3357
21/3358
21/3359
21/3360
21/3361
21/3362
21/3363
21/3364
21/3365
21/3437
21/3518
21/4070
21/4071
21/4117
21/4127
21/4181
21/4195
21/4248
21/4276
21/4294
21/4298
21/4390
21/4392
21/4410
21/4465
21/4563
Residential Leases
0001/22
0412/22
0418/22
0431/22
0525/22
0596/22
Special Leases
0539/152
Explosives Magazine Site
1374/152
Residence
3116/00558
Residence
3116/01179
Residence
3116/02460
Business Purposes
3116/02660
Site for a Drive-in-Theatre
3116/02764
A Site for a Store
3116/03152
Grazing
3116/04497
Office and Employee Accommodation
3116/04645
Residence
3116/04649
Vehicle Parking and Storage
3116/04703
Residence
3116/04704
Business and Residence – subject to current lease M846238
3116/04705
Business and Residence
3116/06641
Residence
3116/07606
Townsite
3116/07607
Air Strip
3116/07763
Office and Employee Accommodation – subject to current lease L247876
3116/07868
Business and Residence (Leonora Lot 936)
3116/07886
Business and Residence (Leonora Lot 1128) – subject to Reserve 46751
3116/07892
Residence – subject to current lease N565175
3116/07957
Residence
3116/07964
Residence
3116/08431
Grazing – subject to current lease M190035
3116/08695
Single Men's Quarters
3116/08801
Parking of Machinery – subject to current lease K810873
3116/08836
Light Industry – subject to current lease J500183
3116/09019
Single Persons Quarters – subject to current lease L247868
3116/09138
Light Industry – subject to current lease K035921
3116/09141
Light Industry – subject to current lease J536931
3116/09496
Temporary Staff Quarters
3116/09497
Staff Quarters – subject to current lease K366467
3116/09615
Temporary Staff Quarters – subject to current lease K366461
3116/09645
Single Men's Quarters – subject to current lease N539083
3116/10053
Garden Area – subject to current lease K818935
3116/10128
Single Men's Quarters
3116/10323
Light Industry
3116/10350
Use and Benefit of Aboriginal Inhabitants – subject to current lease I126343
3116/10360
Single Persons Quarters
3116/10360
Single Persons Quarters
3116/10417
Residence and Cultivation and Grazing - subject to current lease L565568
3116/10531
Office and Employee Accommodation
3116/10543
Market Garden – subject to current lease N253521
3116/10567
Business and Residence (Leonora Lot 1127) – subject to current Reserve 46751
3116/10609
Truck Depot – subject to current lease L779537
3116/10612
Residence, Grazing and Uses Ancillary to the Mining Industry – subject to current lease I126880
3116/10680
Truck Parking
3116/10810
Grazing - Subject to current lease M290469
3116/11225
Single Men's Quarters – subject to current lease L247869
3116/11604
Light Industry - Subject to current lease I134640
3116/11605
Light Industry – subject to current lease I134645
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 on[1]
Road 2
Roads within Reserve 41510 Leonora
DP218179
Road 3
Yundagga Historical Townsite Roads
CPP505373
Road 4
Darlot Road to Woodarra Historical Townsite
DP243053_2
Road 5
Portion of Trump Street Leonora (now closed)
DP222750
Road 6
Gwalia Street and lane between Gwalia Street and Tower Street Leonora
DP120071
Road 7
Leonora-Mt Ida Road entering Leonora
DP217783
Road 8
Malcolm Townsite Roads
CPP504661
Road 9
Leonora to Mt Ida Road through Sturt Meadows and Clover Downs
DP243244
Road 10
Northern end of Gwalia, Hoover and Queen Victoria Street in Leonora
DP222760
Road 11
Road Widening - Tower Street - Leonora
DP211433
Road 12
Braemore Road
DP217480
Road 13
Road no. 1899 from Burt Street Mertondale to Gem Street Malcolm
GG07101904p2592
Road 14
Road No. 1318 from Malcolm to Yundamindera (small part of road east of Malcolm Townsite)
GG07111902p4248
Road 15
Road No. 912 extending south from Malcolm townsite
GG20101899p3419
Road 16
Closed portion of Otterburn Street near intersection with Forrest Street and lane between Otterburn and Tower Street, Leonora
DP185800
Road 17
Road No. 947 – Menzies-Leonora Road
GG24051968p1554
Road 18
Tower Street Leonora to Lots 932, 933, 934 and 935
DP213525
Road 19
Road No. 9210 – road linking Kane Street and Station Street, Leonora
GG28071933p1108
Road 20
Portion of Tower Street, Otterburn Street and Breen Street, St Leonora
DP162411
Road 21
Portion of Otterburn Street and lane between Otterburn and Tower Street
DP160649
Road 22
Grid Tower, Gwalia and Hoover Streets intersected by Barton, Coronation and Atwater Streets in Leonora
DP222754
Road 23
Portion of King Edward Street and Queen Victoria Street in Leonora
DP106056
Road 24
Portion of Railway Street, Ferry Street and Otterburn Street and eastern portion of Coronation Street Leonora
Leonora_Sheet_4.
Road 25
Western portion of Snell, Federation and Barton Street Leonora intersecting Tower Street in Leonora
DP222753
Road 26
Eastern portion of Snell, Federation and Barton streets intersecting King Edward Street in Leonora
DP222751
Road 27
Road widening of Leonora to Mt Ida Road
DP219606
Road 28
Wonganoo Road from Woodarra Historical Townsite
DP243053
Road 29
Road widening of Menzies-Leonora Road along western [portion of Reserve 42061
DP190413
Road 30
Northern portion of Court Street Leonora
Leonora_Sheet_2
Road 31
Southern portion of Court Street all of Semken Street and portions of Hall and Otterburn Street in Leonora
DP222758
Road 32
Northern portion of Otterburn Street and laneway between Otterbburn and Tower Street
DP135090
Road 33
Leonora Road ex lots 884 and 894
DP185770
Road 34
Western end of Sadie Canning Drive in Leonora
Leonora_Sheet_3
Road 35
Portion of Kurrajong Street in Leonora intersection Rajah and Rochester Streets
CF43_2_18.04
Road 36
Westward extension of Rajah Street in Leonora
DP127069
Road 37
Portion of Avard, Cohen and Liverman Streets and laneways between in Leonora
DP222759
Road 38
Bell Court, Fitzgerald Drive, Cleland Court and Walton Street in Leonora
DP217715
Road 39
Portion of Stuart Street and laneway between Stuart Street and Rochester Street also northern portion of Hall Street and northern portion of Tower Street
DP211971
Road 40
Western portion of Rochester Street
DP175640
Road 41
Eastern portion of Rochester Street
DP222752
Road 42
Excision of Lot 991 on Rochester Street
DP186323
Road 43
Road No. 16313 between Reserve 31025 and Reserve 10867 in Leonora
GG21121979p3933
Road 44
Woodarra Historical Townsite Roads
CPP505298
Road 45
Road No. 18601 – northern portion of King Street in Woodarra Histroical Townsite
GG26101993p5822
Road 46
Road No. 1444 – Leonora to Kurrajong Road (Leonora – Wiluna Road)
GG07111902p4248_2
Road 47
Historical Townsite of Kurrajong Roads
DP222733
Road 48
Road No. 949 - Niagara to Menzies Road
GG27101899p3515
Road 49
Mertondale Historical Townsite Roads
CPP504725
Road 50
Road No. 1316 – Leonora to Mertondale Road
GG24011903p337
Road 51
Road No. 1100 – Portion of Menzies to Mulline Road
GG31081900p3193
Road 52
Portion of Tower Street and adjacent right of ways bounded by Avard Street to South and Rochester street to north in Leonora
DP127007
Road 53
Rights of way between Liverman Street and Cohen Street in Leonora
DP135089
Road 55
Road No 947 – Road widening within Melita Station between Menzies and Leonora
GG08041971p1111
Road 56
Road No. 10041- Mt Morgans to Mertondale Pastoral Lease Road
GG19041940p562
Road 57
Road No. 2952 – Menzies to Lake Ballard Road
GG13031908p765
Road 67
Road No. 1049 – Portion of Menzies to Wangine Soak Road
GG11051900p1605
Road 68
Road No. 1444 – Leonora to Kurrajong townsite realignment
DP104822
Road 69
Portion of Yundagga Historical Townsite to Menzies Road
DP35571
Road 70
Eastern portion of Sadie Canning Drive in Leonora
DP185463
Road 71
Battery Place in Leonora
DP63278
Road 72
Road widenings Kurrajong Street in Leonora
DP63278
Road 73
Cayzer Street in Leonora
DP63277
Road 75
Portion of Leonora to Wiluna Road intersected by G.G.T Pipeline
DP217664
Road 110
Road Kurrajong Street Leonora – Taking Order I621535 – Lot 1353 on Deposited Plan 30929
DP30929
Road 113
Road No. 15587 – small portion of road extending north east from Malcolm townsite before exiting claim area
GG21011977p106
Road 114
Road No. 947 deviation of part
GG31101924p2037_2
Road 115
Road No. 947 – Menzies to Leonora
GG27101899p3516
Road 116
Road No. 16191(Old Laverton Road) Leonora to Malcolm
GG30031979p881
Road 117
Road No. 976 – (Old Laverton Road) Leonora to Malcolm
GG19011900p192
Road 118
Leonora – Nambi Road
DP216265
Road 119
Road No. 16314 - Resumption of portion of Reserve 31025 in Leonora
GG21121979p3933_2
Road 120
Widening of Road 1444
GG21121979p3933_3
Road 121
Memorial Drive Leonora
DP219408
Road 122
Yundagga to Menzies Road
DP217649 2
Road 124
Resurvey Lot 119 corner of Rochester and Otterburn Street, Leonora
DP187466
Road 125
Resurvey Lot 73 corner of Rajah and Otterburn Street, Leonora
DP187465
Road 126
Portion of Forrest Street Lots 946-953 and resurvey of Lot 950, Leonora
DP212116
Road 127
Resurvey of Lot 724 corner of Rochester and Tower Street, Leonora
DP175022
Road 128
Resurvey of Lot 91 corner of Rajah and Otterburn Street, Leonora
DP180534
Road 129
Road widening Kurrajong Street ex lots 1105 and 1106, Leonora
DP189778
Road 130
Road No. 14699 (Gwalia Street extension) resumption of part Lot 56, Leonora
GG14091972p3455
Road 131
Road Truncation – Bell Court - Resumption of portion of Lot 759, Leonora
GG19101993p5759
Road 132
Widening Tower Street - resumption of part Lot 997, Leonora
DP186578
Road 133
Resumption of part Lot 462 – corner Queen Street and Rochester Street, Leonora
DP175895
Road 134
Road No. 15473 (Hall Street) – resumption of reserve 6723 and 3279, Leonora
GG24101975p3960
Road 135
Resumption of part lot 83 corner of Hall Street and Rajah Street, Leonora
DP181801
Road 136
Resumption of part lot 1123 corner of Hall Street and Rajah Street, Leonora
DP188617
Road 137
Widening of Steel Street, Leonora
DP189900
Road 138
Resumption of part lot 956 corner of Tower Street, Leonora
DP181312
Road 139
Grid of streets bounded in North by Loring Street and South by Kane Street including southern end of Manning, Tower and Gwalia Streets
DP222756
Road 140
Portion of Tower Street, Ferry Street and Johnston Street, Leonora
DP144234
Road 141
Laneway between Station and Manning Streets, Leonora
DP159355
Road 142
Right of way between Hall Street and Otterburn Street, Leonora
DP186849
Road 143
Resumption of part of Lot 48 corner of Rajah and Otterburn Streets, Leonora
D64811
Road 144
Road No. 867 - Woodarra Townsite to Old Coolgardie Road
GG15091899p2961
Road 145
Road Widening ex vacant crown land – Tower Street, Leonora
DP190102
Road 146
Resumption part lot 1126 – corner Otterburn Street, Leonora
DP188631
Road 147
Townsite Streets – Menzies western part of town
CPP504722
Historical Roads
MapInfo ID.
Description
Shown on[2]
Road 01
Closed roads eastern end of Malcolm Townsite
CPP504661_2
Road 02
Closed road western end of Stuart Street, Leonora
DP127007_2
Road 03
Road along southern and eastern boundary of Reserve 10307, Leonora
DP127069_2
Road 04
Closed western portion of Trump Street and right of way between Trump and Rajah Street to west of Hall Street, Leonora – This location subject to current lease H688699.
DP135004
Road 05
Station Street between lots 602 and 473, Leonora
DP144148
Road 06
Closed portion of R.O.W on western boundary of Lot 703, Leonora
DP174989
Road 07
Small resumption of north-eastern boundary of Lot 139 Hoover Street, Leonora
DP175512
Road 08
Closed Road off Tower Street, Leonora
DP175640_2
Road 09
Portion of Hoover Street bounded by Stuart street to south and Rochester street to north, Leonora
DP211971_2
Road 10
Expansion road for lots 1276-1293 within Reserve 41510, Leonora
DP218180
Road 12
Road closure western end of Trump Street where it meets Halls Street including north-wester corner of Reserve 6723
DP222750
Road 13
Closure eastern half of R.O.W between Tower and Otterburn streets bounded by Trump street to north and Rochester street to south, Leonora
DP222750_2
Road 14
Western portion of R.O.W referred to above as Road 13
DP222750_3
Road 15
Closed portion of eastern end of Rajah Street where it meets King Edward Street, Leonora
DP222752_2
Road 16
Closed southern portion of Gwalia Street, Leonora
DP222756_2
Road 17
Closed southern portion of Loring Street, Leonora
DP222759_2
Road 18
Closed southern portion of R.O.W between Manning and Tower Street, Leonora
GG01091989p3028
Road 19
Creation of Leonora – Mt Ida Road, Race Course Road and Biggs Avenue as public roads and deviation of Rajah Street – subject to Resumption 1 (906914)
GG01101996p5095_2
Road 20
Whole of Liverman Street along the southern boundaries of lots 794 to 800 and 802
GG03081990p3705
Road 21
Closure of portions of Old Laverton Road and Queen Street
GG13091991p4784
Road 22
Road No. 976 – from Hall Street, Leonora to Star Street, Malcolm
GG19011900p192_2
Road 23
Road closure – portion of Rajah Street and Queen Victoria Street, Leonora
GG19011990p216
Road 24
Whole of surveyed road along the southern boundary of Leonora lots 945 and 940, Leonora
GG20061980p1816
Road 25
Whole of surveyed way along southeastern boundaries of Lots 760-767 from the southern side of Stuart Street to the northern side of Avard Street, Leonora
GG22061990p3043
Road 26
Whole of partly surveyed road along the southeastern boundary of Lot 776 from the northern side of Cohen Street to the southern side of Avard Street, Leonora
GG22061990p3043_2
Road 27
Whole of Hoover Street along the southeastern boundaries of Lots 752 to 759 from the northern side of Avard Street to the southern side of Stuart Street
GG22061990p3043_3
Road 28
All that portion of Avard Street from southern boundarries of lots 752, 767 and 768 then terminating at a southwestern prolongation of the southeastern side of Queen Street
GG22061990p3043_4
Road 29
All that portion of Queen Street along the southeastern boundaries of Lots 768 to 775 from the northern side of Avard Street to the southern side of Stuart Street, Leonora
GG22061990p3043_5
Road 32
Part of old Menzies – Leonora Road where it entered southern part of Leonora
DP227986
Road 33
Closed road depicted in Malcolm Location 137 on DP32348, Leonora
DP32348
Road 34
Portion of Stuart Road now comprised in Lot 1332, Leonora
GG02071996p3188
Road 35
Whole of Gwalia Street along the eastern boundaries of Lots 793 and 794 and an eastern side of a surveyed way from the southern alignment of Cohen Street to the northern alignment of Liverman Street
GG03081990p3705_2
5. Railways
The former railways constructed pursuant to the Kalgoorlie – Menzies Railway Act 1896 (WA) and Menzies – Leonora Railway Act 1899 (WA) (all repealed) and whose lines are generally described in the Schedules to the Acts. This includes:
Railway No.
Railway 001
Railway 002
Historic Railway 003
Historic Railway 004
6. Taking Orders
The following taking orders:
Taking Order No.
H410858
I660272
7.
7. Resumptions
The following resumptions:
Resumption
1080/1975
8. 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 section 251D of the Native Title Act) and to which section 12J of the Titles Validation Act, section 23C(2) of the Native Title Act or sections 24JA and 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
Reserve 10575
Use and Benefit of Aboriginal People and Cultural Heritage Protection
Reserve 11119
Use and Benefit of Aboriginal Inhabitants
Reserve 24481
Use and Benefit of Aboriginal Inhabitants
Reserve 30127
Native Housing
Reserve 30896
Use and Benefit of Aborigines
Reserve 34913
Aborigines Community Centre and Short Stay Accommodation
Reserve 35509
Use and Benefit of Aboriginal Inhabitants
Reserve 41510
Use and Benefit of Aboriginal Inhabitants
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 0082
That portion of UCL 0082 (Lake Ballard) that falls within the Determination Area
UCL 0103
10 Mile Outcamp
UCL 1244
UCL between Menzies and Lake Ballard
UCL 0043, UCL 0067- UCL0074, UCL 0083, UCL 0105, UCL 0696- UCL 0882, UCL 1144- UCL1146, UCL 1179, UCL 1189
UCL in and around the Historic Townsite of Malcolm
Part covered by mining lease M37/1164 as at 10 April 2018
UCL 1141
UCL east of Reserve 11119 in the town of Leonora
For the avoidance of doubt, for the purpose of this Schedule, a "prior interest" does not include a public work as 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 section 251D of the Native Title Act).
SCHEDULE SIX
OTHER INTERESTS
Paragraph 9
The nature and extent of the Other Interests in relation to the Determination Area are as follows.
Land tenure interests registered with the Western Australian Land Information Authority are current as at 1 January 2020. Mining tenements and petroleum interests registered with the Department of Mines, Industry Regulation and Safety are current as at 22 November 2021. All other interests are current as at the date of the determination.
1. Freehold Titles
(a) The following freehold titles:
Certificate of Title
CT0156400209
CT0167900046
CT0171900903
CT0179300055
CT0180100795
2. Reserves
(a) The following reserves:
Reserve No.
Current / Last Purpose
3348
Historic Cemetery Site
3731
Resting Place for Travellers and Stock
4083
Cemetery
4085
Sanitary Site
4256
Cemetery
4479
Public Buildings
4480
Wardens Office
4481
Post and Telegraph Office
4485
Public Utility
4724
Church Site Methodist
4943
Rubbish Disposal Site
4956
Public Utility
4957
Public Utility
4958
Public Buildings
4959
Public Buildings
4960
Public Utility
4961
Public Utility
4962
Public Utility
4963
Water
4965
Cemetery
5176
Government Officials Quarters
5785
Post and Telegraph Office
6012
Townsite
6023
Public Utility
6024
Public Utility
6025
Public Utility
6026
Public Utility
6027
Public Utility
6460
Excepted from Sale
6597
Public Utility
6598
Public Utility
6600
Public Utility
6601
Public Utility
6652
Public Utility
6733
Church and Manse Site
6887
Cemetery
6888
Rubbish Depot
6976
Church Site Presbyterian
6992
Explosives Storage and Manufacture
7011
Church Site Presbyterian
7101
Excepted from Sale
7106
Public Buildings
7121
Public Battery
7141
Trigonometrical Station
7142
Trigonometrical Station
7143
Trigonometrical Station
7144
Trigonometrical Station
7145
Trigonometrical Station
7146
Water Act 57 Vic No 20
7147
State Geodetic Infrastructure
7148
Heritage Place
7151
Trigonometrical Station
7152
Trigonometrical Station
7156
Trigonometrical Station
7162
Trigonometrical Station
7163
Trigonometrical Station
7168
Trigonometrical Station
7183
Trigonometrical Station
7184
Trigonometrical Station
7185
Trigonometrical Station
7186
Trigonometrical Station
7187
Trigonometrical Station
7188
Trigonometrical Station
7189
Trigonometrical Station
7190
Trigonometrical Station
7191
Trigonometrical Station
7192
Trigonometrical Station
7197
Trigonometrical Station
7521
Common
7784
Excepted from Sale
7827
Cemetery
8099
Water
8303
Excepted from Sale
8372
Hall Site
8478
Railway Purposes
8487
Camping
8509
Common
8575
Municipal Water Supply
8739
Water Act 57 Vic No 20 State Battery Supply
8834
Water
9044
Excepted from Sale
9081
Townsite
9268
Excepted from Sale and Occupation
9405
Water Act 57 Vic No 20
9646
Water
9699
Peak Hill Stock Route
9706
Recreation
9741
Water
9762
Historic Place Little Peter's Well
9811
Water Act 57 Vic No 20
9833
Railway
9969
Municipal Rubbish Disposal Site and Sanitary Site
9979
School Site
10008
Water Act 57 Vic No 20
10028
Water Act 57 Vic No 20
10096
Excepted from Sale
11119
Use and Benefit of Aboriginal Inhabitants
10301
Water Act 57 Vic No 20
10527
Water Act 57 Vic No 20
10575
Use and Benefit of Aboriginal People and Cultural Heritage Protection
10577
Water Act 57 Vic No 20
11804
Watering Place Travelling Stock
12353
Water Act 57 Vic No 20
12393
Water
12396
Water Act 57 Vic No 20
12448
Water Act 57 Vic No 20
12844
Water
12845
Water
12846
Water
12848
Water
12856
Water
12858
Water
12993
Church Site Church of England
13488
Water
16995
Common
17398
Stock Route
24481
Use and Benefit of Aboriginal Inhabitants
25897
Native Housing
30029
Quarry
30127
Native Housing
30896
Use and Benefit of Aborigines
31924
Rubbish and Sanitation Disposal Site
34848
Explosives Safety Zone
34913
Aboriginal Community Centre and Short Stay Accommodation
35509
Use and Benefit of Aboriginal Inhabitants
35852
Recreation and Drainage – that portion of Reserve covered by the Leonora Golf Course
36387
State Geodetic Infrastructure
36676
Trigonometrical Station
41358
Recreation
41510
Use and Benefit of Aboriginal Inhabitants
41907
Railway
42692
Trigonometrical Station
46751
Historic Precinct
48160
Cemetery
48532
Parkland
51184
Water Supply
(b) The rights and interests of persons who have the care, control and management of the reserves identified in subclause (a) above;
(c) The rights and interests of persons entitled to access and use the reserves identified in subclause (a) above for the respective purposes for which they are reserved, subject to any statutory limitations upon those rights; and
(d) The rights and interests of persons holding leases over areas of the reserves identified in subclause (a) above.
3. Pastoral Leases
(a) The following pastoral leases and the rights and interests of the holders from time to time of those pastoral leases:
Lease No.
Description
N049440
Weebo
N049506
Mertondale
N049637
Yandal
N049676
Clover Downs
N049712
Minara
N049788
Melrose
N049808
Glenorn
N049822
Nambi
N049916
Braemore
N049945
Tarmoola
N050241
Melita 1/2
N050242
Melita 2/2
N050386
Adelong
N050400
Banjawarn
N050457
Jeedamya
N050635
Sturt Meadows 1/2
(b) Any rights and obligations of the pastoralists pursuant to the pastoral leases referred to in subclause (a) above to adopt and exercise best practice management of the pasture and vegetation resources, livestock and soils within the boundaries of the pastoral leases in order to manage stock and for the management, conservation and regeneration of pasture for permitted uses.
4. Other Leases
The following leases and the rights and interests of the holders from time to time of those leases:
Lease No.
Description
M638864
Special Lease for Regional Mobile Communications Project
RL I213020
Lease of Reserve 11119
RL1213022
Lease of Reserve 34913
RL N626178
Lease of lot 1310 of Reserve 41510
RL N626179
Lease of Lot 1314 of Reserve 41510
RL N626180
Lease of Lot 1299 of Reserve 41510
RL N626181
Lease of Lot 1300 of Reserve 41510
RL N626182
Lease of Lot 1298 of Reserve 41510
RL N626183
Lease of Lot 1321 of Reserve 41510
RL N626184
Lease of Lot 1296 of Reserve 41510
RL N626185
Lease of Lot 1307 of Reserve 41510
RL N626186
Lease of Lot 1305 of Reserve 41510
RL N626187
Lease of Lot 1297 of Reserve 41510
RL N626188
Lease of Lot 1303 and Part Lot 1304 of Reserve 41510
RL N626189
Lease of Lot 1302 and Part Lot 1301 of Reserve 41510
RL N626190
Lease of Lot 1311 of Reserve 41510
RL N626191
Lease of Lot 1320 of Reserve 41510
RL N626192
Lease of Lot 1319 of Reserve 41510
RL N626193
Lease of Lot 1318 of Reserve 41510
RL N626194
Lease of Lot 1317 of Reserve 41510
RL N626195
Lease of Lot 1316 of Reserve 41510
RL N626196
Lease of Lot 1315 of Reserve 41510
RL N626197
Lease of Lot 1295 of Reserve 41510
RL N626198
Lease of Lots 1276 and 1277 of Reserve 41510
RL N626199
Lease of Lot 1322 of Reserve 41510
RL N626200
Lease of Lot 1323 of Reserve 41510
RL N626201
Lease of Lots 1313 and Part Lot 1312 of Reserve 41510
R6461/153
5. Roads
The following roads and the rights and interests of the persons having the care, control and management of those roads from time to time:
MapInfo ID.
Description
Shown on[3]
Road 74
Road Realignment – Goldfields Highway as it enters Leonora from Menzies
DP63279.pdf
Road 76
Widening of road from Yundagga Townsite to Menzies
DP218819
Road 77
Widening of road close to Menzies
DP217648
Road 78
Widening of road Menzies to Leonora as it exits Menzies
DP217649
Road 79
Widening of road Menzies to Leonora
DP217650
Road 80
Widening of road Menzies to Leonora
DP217651
Road 81
Widening of road Menzies to Leonora
DP217652
Road 82
Widening of road Menzies to Leonora
DP217653
Road 83
Widening of road Menzies to Leonora
DP217654
Road 84
Widening of road Menzies to Leonora traversing Reserve 7030
DP217655
Road 85
Widening of road Menzies to Leonora
DP217656
Road 86
Widening of road Menzies to Leonora
DP217657
Road 87
Widening of road Menzies to Leonora
DP217658.
Road 88
Widening of road Menzies to Leonora
DP217659
Road 89
Widening of road Menzies to Leonora
DP217661
Road 90
Widening of road Menzies to Leonora
DP217662
Road 91
Widening of road Menzies to Leonora
DP217663
Road 92
Widening of Goldfields Highway heading north from Leonora townsite
DP217665
Road 93
Widening of Goldfields Highway heading north from Leonora townsite
DP217666
Road 94
Widening of Goldfields Highway heading north from Leonora townsite
DP217667
Road 95
Widening of Goldfields Highway as it traverses Tarmoola pastoral lease
DP217668
Road 96
Widening of Goldfields Highway as it traverses Tarmoola pastoral lease - Lot 125 on Deposited Plan 217669
DP217669
Road 97
Widening of Goldfields Highway as it traverses Tarmoola pastoral lease - Lot 126 on Deposited Plan 217670
DP217670
Road 98
Widening of Goldfields Highway as it traverses Tarmoola pastoral lease - Lots 126 and 127 on Deposited Plan 217671
DP217671
Road 99
Widening of Goldfields Highway as it traverses Tarmoola pastoral lease - Lots 127 and 128 on Deposited Plan 217672
DP217672
Road 100
Widening of Goldfields Highway as it traverses Tarmoola pastoral lease – Lot 129 on Deposited Plan 217673
DP217673
Road 101
Widening of Goldfields Highway as it traverses Tarmoola and Weebo pastoral leases – Lots 130 and 131 on Deposited Plan 217674
DP217674
Road 102
Widening of Goldfields Highway as it traverses Weebo pastoral lease – Lot 132 on Deposited Plan 217675
DP217675
Road 103
Widening of Goldfields Highway as it traverses Weebo pastoral lease – Lot 133 on Deposited Plan 217676
DP217676
Road 104
Widening of Goldfields Highway as it traverses Weebo pastoral lease – Lot 134 on Deposited Plan 217677
DP217677
Road 105
Widening of Goldfields Highway as it traverses Weebo pastoral lease – Lot 135 on Deposited Plan 217678
DP217678
Road 106
Widening of Goldfields Highway as it traverses Weebo pastoral lease – Lot 136 on Deposited Plan 217679
DP217679
Road 107
Widening of Goldfields Highway as it traverses Weebo pastoral lease – Lot 137 on Deposited Plan 217680
DP217680
Road 108
Widening of Goldfields Highway as it traverses Lenster Downs pastoral lease – Lots 138 and 139 on Deposited Plan 217681
DP217681
Road 111
Lots 160 and 162 of Main Reef Road
DP37439
Road 112
Lot 134 on Deposited Plan 25984
DP25985
6. Taking Orders
Taking Order No.
I621535
J248862
J248862
J624946
J849173
L281903
7. Easements
The following easements and the rights and interests of the holders from time to time of those easements, to the extent the areas of those easements do not fall within Schedule Four as areas where native title does not exist:
MapInfo No.
Description
F924685
Easement to the State of Western Australia as amended and ratified by the Goldfields Gas Pipeline Agreement Act 1994 (WA). Registered 10 July 1995
8. Resumptions
The following resumption:
Resumption
578/1997
9. Mining Tenements
(a) The following mining tenements granted under the Mining Act 1904 (WA) (repealed) and / or the Mining Act 1978 (WA) and the rights and interests of the holders from time to time of those tenements:
(i) Exploration Licences:
Tenement ID
E 29/912
E 29/1070
E 36/867
E 29/913
E 29/1079
E 36/868
E 29/941
E 36/628
E 36/870
E 29/948
E 36/667
E 36/873
E 29/950
E 36/715
E 36/884
E 29/958
E 36/749
E 36/895
E 29/979
E 36/792
E 36/896
E 29/981
E 36/797
E 36/899
E 29/995
E 36/798
E 36/900
E 29/1005
E 36/810
E 36/905
E 29/1011
E 36/811
E 36/910
E 29/1020
E 36/818
E 36/917
E 29/1021
E 36/826
E 36/922
E 29/1022
E 36/827
E 36/923
E 29/1024
E 36/837
E 36/930
E 29/1034
E 36/838
E 36/934
E 29/1052
E 36/845
E 36/936
E 29/1067
E 36/846
E 36/940
E 29/1068
E 36/857
E 36/941
E 29/1069
E 36/860
E 36/943
E29/1118
E 36/865
E 37/1188
E 36/944
E 37/983
E 37/1189
E 36/945
E 37/1007
E 37/1190
E 36/952
E 37/1017-I
E 37/1194
E 36/953
E 37/1018
E 37/1195
E 36/963
E 37/1032
E 37/1199
E 36/964
E 37/1044
E 37/1201
E 36/968
E 37/1051-I
E 37/1203
E 36/969
E 37/1052-I
E 37/1205
E 36/980
E 37/1054
E 37/1208
E 36/984
E 37/1067
E 37/1209
E 36/988
E 37/1080
E 37/1210
E 36/995
E 37/1086-I
E 37/1214
E 36/997
E 37/1121
E 37/1215
E 36/999
E 37/1130
E 37/1220
E 36/1002
E 37/1134
E 37/1222
E 36/1005
E 37/1152
E 37/1223
E 37/258
E 37/1154
E 37/1224
E 37/789
E 37/1156
E 37/1225
E 37/801
E 37/1161
E 37/1229
E 37/846
E 37/1162
E 37/1231
E 37/847
E 37/1165
E 37/1233
E 37/893
E 37/1169
E 37/1234
E 37/902
E 37/1177
E 37/1235
E 37/907
E 37/1178
E 37/1237
E 37/909
E 37/1181
E 37/1239
E 37/916
E 37/1183
E 37/1243-I
E 37/981
E 37/1184
E 37/1330
E 37/1246
E 37/1285
E 37/1331
E 37/1247
E 37/1287
E 37/1333
E 37/1248
E 37/1288
E 37/1334
E 37/1249-I
E 37/1289
E 37/1336
E 37/1252
E 37/1290-I
E 37/1342
E 37/1253
E 37/1291-I
E 37/1345
E 37/1254
E 37/1293
E 37/1350
E 37/1258
E 37/1296
E 37/1352
E 37/1259
E 37/1297
E 37/1353
E 37/1260
E 37/1298
E 37/1355
E 37/1261
E 37/1300
E 37/1356
E 37/1262
E 37/1301
E 37/1358
E 37/1263
E 37/1303
E 37/1362
E 37/1264
E 37/1305
E 37/1363
E 37/1265
E 37/1306
E 37/1364
E 37/1266
E 37/1309
E 37/1367
E 37/1268
E 37/1310
E 37/1369
E 37/1269
E 37/1311
E 37/1370
E 37/1270
E 37/1313
E 37/1371
E 37/1271
E 37/1314
E 37/1372
E 37/1272
E 37/1315
E 37/1373
E 37/1273
E 37/1318
E 37/1374
E 37/1274
E 37/1319
E 37/1375
E 37/1278
E 37/1321
E 37/1376
E 37/1279
E 37/1322
E 37/1385
E 37/1283
E 37/1324
E 37/1389
E 37/1284
E 37/1418
E 37/1390
E 37/1377
E 37/1326
E 37/1391
E 37/1378
E 37/1419
E 37/1392
E 37/1379
E 37/1421
E 37/1393
E 37/1380
E 37/1422
E 37/1394
E 37/1381
E 37/1423
E 40/357
E 37/1382
E 37/1424
E 40/359
E 37/1395
E 37/1426
E 40/373
E 37/1396
E 38/1537
E 40/378
E 37/1397
E 38/2834
E 40/383
E 37/1398
E 38/2916
E 40/384
E 37/1399
E 38/3087
E 40/388
E 37/1400
E 38/3113
E 40/391
E 37/1402
E 38/3478
E 40/398
E 37/1404
E 39/1684
E 40/366
E 37/1405
E 39/1706
E 40/369
E 37/1407
E 39/1854
E 40/371
E 37/1409
E 39/1866
E 37/1410
E 39/1892
E 37/1413
E 39/1956
E 37/1414
E 39/1985
E 37/1416
E 39/2035
E 37/1417
E 39/2036
E 37/1431
E 39/2183
E 37/1433
E 39/2237
E 37/1436
E 40/270
E 37/1437
E 40/283
E 37/1441
E 40/295
E 37/1442
E 40/312
E 36/998
E 40/323
(ii) General Purpose Leases:
Tenement ID
G 29/21
G 37/37
G 37/6
G 37/8
G 37/9
G 37/10
G 37/11
G 37/12
G 37/13
G 37/14
G 37/15
G 37/16
G 37/17
G 37/18
G 37/21
G 37/24
G 37/25
G 37/26
G 37/27
G 37/28
G 37/29
G 37/30
G 37/31
G 37/32
G 37/33
G 37/34
G 37/35
(iii) Mining Leases:
Tenement ID
M 29/14
M 36/476
M 37/25
M 29/21
M 36/494
M 37/30
M 29/88
M 36/503
M 37/44
M 29/153
M 36/504
M 37/46
M 29/154
M 36/512
M 37/54
M 29/184
M 36/513
M 37/55
M 29/212
M 36/516
M 37/58
M 29/410
M 36/525
M 37/67
M 29/417
M 36/527
M 37/73
M 29/433
M 36/541
M 37/76
M 36/35
M 36/542
M 37/81
M 36/107
M 36/579
M 37/82
M 36/146
M 36/582
M 37/86
M 36/177
M 36/584
M 37/88
M 36/200
M 36/585
M 37/90
M 36/201
M 36/586
M 37/96
M 36/202
M 36/587
M 37/108
M 36/203
M 36/588
M 37/122
M 36/244
M 36/589
M 37/135
M 36/289
M 36/599
M 37/137
M 36/300
M 36/600
M 37/142
M 36/421
M 36/615
M 37/155
M 36/428
M 36/682
M 37/158
M 36/444
M 36/685
M 37/159
M 36/445
M 36/691
M 37/163
M 36/446
M 36/692
M 37/164
M 36/462
M 36/693
M 37/165
M 36/473
M 37/17
M 37/170
M 36/474
M 37/21
M 37/403
M 37/172
M 37/333
M 37/404
M 37/179
M 37/338
M 37/405
M 37/182
M 37/339
M 37/407
M 37/199
M 37/340
M 37/410
M 37/200
M 37/343
M 37/416
M 37/201
M 37/345
M 37/417
M 37/204
M 37/349
M 37/418
M 37/212
M 37/350
M 37/419
M 37/219
M 37/356
M 37/420
M 37/220
M 37/357
M 37/421
M 37/222
M 37/358
M 37/424
M 37/223
M 37/359
M 37/426
M 37/227
M 37/360
M 37/427
M 37/231
M 37/361
M 37/428
M 37/232
M 37/362
M 37/429
M 37/233
M 37/364
M 37/437
M 37/246
M 37/366
M 37/438
M 37/247
M 37/367
M 37/439
M 37/248
M 37/368
M 37/440
M 37/251
M 37/370
M 37/449
M 37/252
M 37/373
M 37/451
M 37/265
M 37/383
M 37/454
M 37/277
M 37/384
M 37/457
M 37/286
M 37/385
M 37/458
M 37/299
M 37/386
M 37/459
M 37/300
M 37/391
M 37/460
M 37/316
M 37/393
M 37/461
M 37/317
M 37/394
M 37/462
M 37/320
M 37/398
M 37/465
M 37/327
M 37/399
M 37/475
M 37/330
M 37/400
M 37/816
M 37/478
M 37/584
M 37/818
M 37/479
M 37/586
M 37/819
M 37/483
M 37/587
M 37/849
M 37/485
M 37/590
M 37/902
M 37/488
M 37/591
M 37/903
M 37/493
M 37/592
M 37/905
M 37/494
M 37/594
M 37/944
M 37/495
M 37/598
M 37/955
M 37/496
M 37/599
M 37/975
M 37/503
M 37/600
M 37/983
M 37/506
M 37/601
M 37/986
M 37/508
M 37/602
M 37/997
M 37/513
M 37/608
M 37/998
M 37/514
M 37/622
M 37/1026
M 37/515
M 37/626
M 37/1027
M 37/519
M 37/631
M 37/1030
M 37/529
M 37/632
M 37/1045
M 37/531
M 37/638
M 37/1050
M 37/532
M 37/646
M 37/1051
M 37/544
M 37/667
M 37/1063
M 37/547
M 37/689
M 37/1064
M 37/548
M 37/692
M 37/1076
M 37/551
M 37/708
M 37/1081
M 37/552
M 37/709
M 37/1089
M 37/564
M 37/720
M 37/1090
M 37/565
M 37/733
M 37/1105
M 37/570
M 37/735
M 37/1119
M 37/571
M 37/763
M 37/1120
M 37/572
M 37/774
M 37/1121
M 37/573
M 37/775
M 37/1122
M 37/574
M 37/776
M 37/1336
M 37/1126
M 37/1284
M 37/1337
M 37/1127
M 37/1285
M 37/1338
M 37/1128
M 37/1286
M 37/1340
M 37/1129
M 37/1290
M 37/1341
M 37/1130
M 37/1295
M 37/1342
M 37/1132
M 37/1298
M 37/1343
M 37/1136
M 37/1301
M 37/1345
M 37/1137
M 37/1303
M 37/1346
M 37/1144
M 37/1304
M 37/1348
M 37/1146
M 37/1305
M 37/1349
M 37/1148
M 37/1306
M 37/1350
M 37/1150
M 37/1309
M 37/1353
M 37/1153
M 37/1311
M 38/1252
M 37/1164
M 37/1312
M 39/445
M 37/1165
M 37/1313
M 39/458
M 37/1167
M 37/1314
M 39/459
M 37/1168
M 37/1315
M 39/460
M 37/1170
M 37/1316
M 39/552
M 37/1185
M 37/1317
M 39/758
M 37/1202
M 37/1318
M 39/1118
M 37/1216
M 37/1319
M 40/151
M 37/1217
M 37/1322
M 40/166
M 37/1223
M 37/1323
M 40/330
M 37/1227
M 37/1324
M 40/346
M 37/1228
M 37/1325
M 37/1230
M 37/1327
M 37/1231
M 37/1328
M 37/1257
M 37/1331
M 37/1275
M 37/1333
M 37/1276
M 37/1334
M 37/1279
M 37/1335
(iv) Miscellaneous Licences:
Tenement ID
L 29/61
L 37/23
L 37/102
L 29/116
L 37/24
L 37/106
L 29/117
L 37/28
L 37/113
L 29/118
L 37/29
L 37/117
L 29/120
L 37/30
L 37/118
L 29/138
L 37/33
L 37/119
L 29/147
L 37/34
L 37/122
L 36/55
L 37/35
L 37/125
L 36/62
L 37/36
L 37/127
L 36/82
L 37/41
L 37/128
L 36/84
L 37/43
L 37/129
L 36/86
L 37/50
L 37/131
L 36/98
L 37/51
L 37/132
L 36/100
L 37/56
L 37/133
L 36/102
L 37/58
L 37/134
L 36/103
L 37/61
L 37/135
L 36/104
L 37/66
L 37/136
L 36/107
L 37/70
L 37/137
L 36/111
L 37/73
L 37/138
L 36/136
L 37/74
L 37/139
L 36/155
L 37/76
L 37/140
L 36/158
L 37/77
L 37/141
L 36/166
L 37/79
L 37/142
L 36/183
L 37/80
L 37/144
L 36/184
L 37/83
L 37/145
L 36/185
L 37/85
L 37/148
L 36/186
L 37/86
L 37/232
L 36/198
L 37/87
L 37/237
L 36/200
L 37/189
L 37/240
L 36/232
L 37/190
L 37/241
L 36/235
L 37/191
L 37/242
L 36/246
L 37/193
L 37/244
L 36/247
L 37/195
L 37/150
L 37/151
L 37/89
L 37/246
L 37/152
L 37/196
L 37/247
L 37/153
L 37/197
L 37/248
L 37/154
L 37/199
L 37/249
L 37/155
L 37/203
L 37/250
L 37/156
L 37/205
L 39/76
L 37/157
L 37/206
L 39/78
L 37/158
L 37/207
L 39/79
L 37/159
L 37/211
L 39/82
L 37/161
L 37/212
L 39/111
L 37/162
L 37/213
L 39/126
L 37/163
L 37/215
L 39/139
L 37/164
L 37/216
L 39/140
L 37/166
L 37/217
L 39/141
L 37/167
L 37/220
L 39/142
L 37/170
L 37/221
L 39/197
L 37/171
L 37/222
L 39/223
L 37/172
L 37/223
L 40/11
L 37/173
L 37/224
L 40/24
L 37/174
L 37/225
L 40/33
L 37/175
L 37/226
L 40/34
L 37/176
L 37/227
L 37/177
L 37/228
L 37/178
L 37/229
L 37/183
L 37/230
L 37/184
L 37/231
(v) Prospecting Licences:
Tenement ID
P 29/2346
P 36/1863
P 37/8314
P 29/2368
P 36/1874
P 37/8317
P 29/2369
P 36/1875
P 37/8318
P 29/2391
P 36/1878
P 37/8325
P 29/2511
P 36/1879
P 37/8334
P 29/2512
P 36/1883
P 37/8350
P 29/2513
P 36/1884
P 37/8359
P 29/2514
P 36/1887-S
P 37/8368
P 29/2515
P 36/1888-S
P 37/8371
P 29/2538
P 36/1889
P 37/8374
P 29/2539
P 36/1891
P 37/8375
P 29/2550
P 36/1892
P 37/8531
P 29/2573
P 36/1893
P 37/8532
P 29/2578
P 36/1894
P 37/8533
P 29/2579
P 36/1895
P 37/8534
P 29/2580
P 36/1896
P 37/8535
P 29/2581
P 36/1911
P 37/8536
P 29/2582
P 36/1913
P 37/8537
P 29/2583
P 36/1914
P 37/8538
P 29/2584
P 36/1915
P 37/8539
P 29/2585
P 36/1916
P 37/8540
P 29/2619
P 36/1917
P 37/8541
P 29/2620
P 36/1920
P 37/8542
P 29/2621
P 36/1922
P 37/8543
P 29/2622
P 37/8223
P 37/8544
P 29/2627
P 37/8240
P 37/8545
P 29/2634
P 37/8241
P 37/8546
P 36/1787
P 37/8242
P 37/8547
P 36/1788
P 37/8243
P 37/8559
P 36/1789
P 37/8278
P 37/8568
P 36/1805
P 37/8290
P 37/8571
P 36/1806
P 37/8299
P 37/8573
P 36/1849
P 37/8300
P 37/8576
P 36/1857
P 37/8301
P 37/8578
P 36/1859
P 37/8455
P 37/8580
P 36/1860
P 37/8456
P 37/8581
P 37/8376
P 37/8458
P 37/8583
P 37/8378
P 37/8459
P 37/8584
P 37/8379
P 37/8460
P 37/8586
P 37/8382
P 37/8461
P 37/8587
P 37/8383
P 37/8462
P 37/8601
P 37/8384
P 37/8463
P 37/8606
P 37/8385
P 37/8464
P 37/8731
P 37/8386
P 37/8465
P 37/8732
P 37/8387
P 37/8467
P 37/8733
P 37/8388
P 37/8468
P 37/8734
P 37/8390
P 37/8469
P 37/8736
P 37/8391
P 37/8470
P 37/8737
P 37/8392
P 37/8472
P 37/8738
P 37/8393
P 37/8484
P 37/8739
P 37/8394
P 37/8491
P 37/8740
P 37/8413
P 37/8500
P 37/8741
P 37/8414
P 37/8504
P 37/8742
P 37/8415
P 37/8515
P 37/8743
P 37/8416
P 37/8517
P 37/8744
P 37/8417
P 37/8520
P 37/8745
P 37/8418
P 37/8521
P 37/8746
P 37/8420
P 37/8523
P 37/8747
P 37/8421
P 37/8524
P 37/8748
P 37/8422
P 37/8525
P 37/8754
P 37/8425
P 37/8526
P 37/8759
P 37/8431
P 37/8527
P 37/8760
P 37/8432
P 37/8528
P 37/8762
P 37/8442
P 37/8529
P 37/8763
P 37/8443
P 37/8530
P 37/8764
P 37/8445
P 37/8660
P 37/8765
P 37/8454
P 37/8661
P 37/8766
P 37/8608
P 37/8662
P 37/8767
P 37/8609
P 37/8663
P 37/8777
P 37/8610
P 37/8664
P 37/8778
P 37/8611
P 37/8665
P 37/8781
P 37/8612
P 37/8686
P 37/8782
P 37/8615
P 37/8687
P 37/8783
P 37/8617
P 37/8688
P 37/8877
P 37/8618
P 37/8689
P 37/8878
P 37/8621
P 37/8690
P 37/8879
P 37/8622
P 37/8691
P 37/8881
P 37/8629
P 37/8692
P 37/8882
P 37/8630
P 37/8693
P 37/8883
P 37/8631
P 37/8694
P 37/8884
P 37/8632
P 37/8695
P 37/8885
P 37/8633
P 37/8696
P 37/8886
P 37/8634
P 37/8699
P 37/8887
P 37/8635
P 37/8712
P 37/8888
P 37/8636
P 37/8713
P 37/8889
P 37/8637
P 37/8714
P 37/8890
P 37/8638
P 37/8715
P 37/8891
P 37/8639
P 37/8716
P 37/8892
P 37/8640
P 37/8718
P 37/8893
P 37/8641
P 37/8719
P 37/8894
P 37/8648
P 37/8720
P 37/8895
P 37/8649
P 37/8724
P 37/8896
P 37/8650
P 37/8730
P 37/8897
P 37/8651
P 37/8842
P 37/8898
P 37/8652
P 37/8843
P 37/8899
P 37/8653
P 37/8845
P 37/8900
P 37/8657
P 37/8846
P 37/8905
P 37/8659
P 37/8847
P 37/8922
P 37/8784
P 37/8848
P 37/8928
P 37/8785
P 37/8849
P 37/8936
P 37/8788
P 37/8850
P 37/8937
P 37/8789
P 37/8851
P 37/8938
P 37/8790
P 37/8852
P 37/8947
P 37/8794
P 37/8853
P 37/8948
P 37/8795
P 37/8854
P 37/9033
P 37/8811
P 37/8855
P 37/9043
P 37/8812
P 37/8856
P 37/9047
P 37/8814
P 37/8857
P 37/9050
P 37/8820
P 37/8858
P 37/9051
P 37/8821
P 37/8859
P 37/9052
P 37/8822
P 37/8860
P 37/9053
P 37/8823
P 37/8861
P 37/9054
P 37/8824
P 37/8862
P 37/9055
P 37/8825
P 37/8863
P 37/9056
P 37/8826
P 37/8864
P 37/9057
P 37/8827
P 37/8865
P 37/9058
P 37/8828
P 37/8866
P 37/9059
P 37/8830
P 37/8868
P 37/9060
P 37/8831
P 37/8869
P 37/9061
P 37/8832
P 37/8871
P 37/9063-S
P 37/8833
P 37/8872
P 37/9064
P 37/8834
P 37/8873
P 37/9065
P 37/8835
P 37/8874
P 37/9071
P 37/8836
P 37/8876
P 37/9072
P 37/8837
P 37/8980
P 37/9073
P 37/8838
P 37/8981
P 37/9074
P 37/8839
P 37/8982
P 37/9075
P 37/8840
P 37/8983
P 37/9076
P 37/8949
P 37/8984
P 37/9077
P 37/8950
P 37/8985
P 37/9078
P 37/8951
P 37/8986
P 37/9079
P 37/8952
P 37/8987
P 37/9095
P 37/8953
P 37/8988
P 37/9096
P 37/8954
P 37/8989
P 37/9097
P 37/8955
P 37/8990
P 37/9100
P 37/8956
P 37/8991
P 37/9198
P 37/8957
P 37/8992
P 37/9199
P 37/8958
P 37/8993
P 37/9200
P 37/8959
P 37/8994
P 37/9201
P 37/8960
P 37/8995
P 37/9202
P 37/8961
P 37/8996
P 37/9203
P 37/8962
P 37/8997
P 37/9204
P 37/8963
P 37/8998
P 37/9205
P 37/8964
P 37/8999
P 37/9206
P 37/8965
P 37/9000
P 37/9207
P 37/8966
P 37/9001
P 37/9208
P 37/8967
P 37/9002
P 37/9209
P 37/8968
P 37/9003
P 37/9210
P 37/8969
P 37/9004
P 37/9211
P 37/8970
P 37/9005
P 37/9212
P 37/8971
P 37/9006
P 37/9213
P 37/8972
P 37/9007
P 37/9214
P 37/8973
P 37/9008
P 37/9215
P 37/8974
P 37/9009
P 37/9216
P 37/8975
P 37/9010
P 37/9217
P 37/8976
P 37/9157
P 37/9218
P 37/8977
P 37/9158
P 37/9219
P 37/8978
P 37/9159
P 37/9220
P 37/8979
P 37/9160
P 37/9221
P 37/9101
P 37/9161
P 37/9222
P 37/9102
P 37/9162
P 37/9223
P 37/9109
P 37/9163
P 37/9224
P 37/9110
P 37/9164
P 37/9225
P 37/9119
P 37/9165-S
P 37/9226
P 37/9122
P 37/9167
P 37/9227
P 37/9123
P 37/9168
P 37/9339
P 37/9124
P 37/9169
P 37/9340
P 37/9125
P 37/9170
P 37/9341
P 37/9126
P 37/9178
P 37/9342
P 37/9127
P 37/9179
P 37/9343
P 37/9128
P 37/9182
P 37/9344
P 37/9129
P 37/9183
P 37/9345
P 37/9130
P 37/9184
P 37/9349
P 37/9131
P 37/9185
P 37/9351
P 37/9132
P 37/9186
P 37/9352
P 37/9138
P 37/9187
P 37/9353
P 37/9139
P 37/9188
P 37/9354
P 37/9140
P 37/9189
P 37/9355
P 37/9141
P 37/9190
P 37/9356
P 37/9142
P 37/9191
P 37/9357
P 37/9146
P 37/9192
P 37/9358
P 37/9147
P 37/9193
P 37/9359
P 37/9148
P 37/9194
P 37/9360
P 37/9149
P 37/9195
P 37/9361
P 37/9150
P 37/9196
P 37/9362
P 37/9151
P 37/9197
P 37/9364
P 37/9152
P 37/9288
P 37/9365
P 37/9153
P 37/9289
P 37/9366
P 37/9154
P 37/9290
P 37/9373
P 37/9155
P 37/9291
P 37/9375-S
P 37/9229
P 37/9296
P 37/9376-S
P 37/9230
P 37/9297
P 37/9377-S
P 37/9231
P 37/9298
P 37/9378-S
P 37/9232
P 37/9299
P 37/9379-S
P 37/9234
P 37/9300
P 37/9436
P 37/9235
P 37/9301
P 37/9437
P 37/9236
P 37/9302
P 37/9442
P 37/9237
P 37/9303
P 37/9443
P 37/9239
P 37/9304
P 37/9444
P 37/9249
P 37/9310
P 37/9445
P 37/9250
P 37/9312
P 37/9446
P 37/9251
P 37/9319
P 37/9450
P 37/9252
P 37/9320
P 37/9451
P 37/9254
P 37/9321
P 37/9452
P 37/9255
P 37/9322
P 37/9453
P 37/9257-S
P 37/9323
P 37/9454
P 37/9258-S
P 37/9324
P 37/9455
P 37/9259
P 37/9325
P 37/9456
P 37/9260
P 37/9228
P 37/9457
P 37/9261
P 37/9338
P 37/9458
P 37/9264
P 37/9390
P 37/9459
P 37/9267
P 37/9391
P 37/9461
P 37/9268
P 37/9392
P 37/9466
P 37/9270
P 37/9393
P 37/9467
P 37/9271
P 37/9394
P 37/9468
P 37/9281
P 37/9395
P 37/9469
P 37/9282
P 37/9396
P 37/9470
P 37/9283
P 37/9397
P 37/9471
P 37/9284
P 37/9398
P 37/9472
P 37/9286
P 37/9399
P 37/9473
P 37/9287
P 37/9400
P 37/9474
P 37/9326
P 37/9401
P 37/9475
P 37/9327
P 37/9402
P 37/9476
P 37/9328
P 37/9403
P 37/9479
P 37/9329
P 37/9404
P 37/9480
P 37/9330
P 37/9405
P 37/9481
P 37/9331
P 37/9406
P 37/9487
P 37/9332
P 37/9407
P 37/9333
P 37/9408
P 37/9334
P 37/9409
P 37/9335
P 37/9410
P 37/9336
P 37/9411
P 37/9337
P 37/9413
P 37/9380
P 37/9418
P 37/9381
P 37/9419
P 37/9382
P 37/9420
P 37/9383
P 37/9423
P 37/9384
P 37/9424
P 37/9385
P 37/9426
P 37/9386
P 37/9438
P 37/9387
P 37/9439
P 37/9388
P 37/9389
Tenement ID
P 37/9488
P 40/1439
P 37/9491
P 40/1464
P 37/9492
P 40/1474
P 37/9497
P 40/1521
P 37/9498
P 40/1525
P 37/9499
P 40/1526
P 37/9505
P 37/9506
P 37/9507
P 37/9508
P 37/9509
P 37/9510
P 37/9511
P 39/5456
P 39/5623
P 39/5859
P 39/5860
P 39/5927
P 39/6147-S
P 39/6148-S
P 39/6149-S
P 39/6152
P 39/6161
P 39/6162
P 39/6163
P 39/6174
P 39/6175
P 39/6226
P 39/6227
P 39/6231
10. Petroleum Interests
(a) The following petroleum interests granted under the Petroleum and Geothermal Energy Resources Act 1967 (WA) or the Petroleum Pipelines Act 1969 (WA) and the rights and interests of the holders from time to time of those petroleum interests:
(i) Petroleum Pipeline Licence(s)
Tenement ID
Description
PL 48
Petroleum Pipelines Act 1969 (WA)
PL 65
Petroleum Pipelines Act 1969 (WA)
PL 36
Petroleum Pipelines Act 1969 (WA)
PL 115
Petroleum Pipelines Act 1969 (WA)
PL 118
Petroleum Pipelines Act 1969 (WA)
PL 24
Petroleum Pipelines Act 1969 (WA)
PL 76
Petroleum Pipelines Act 1969 (WA)
PL126
Petroleum Pipelines Act 1969 (WA)
(b) The agreement as amended and ratified by the Goldfields Gas Pipeline Agreement Act 1994 (WA) and rights and interests comprised in, conferred under or in accordance with, or pursuant to that agreement, including the following:
Tenure ID
Description
PL 24
Petroleum Pipelines Act 1969 (WA) and Goldfields Gas Pipeline Agreement Act 1994 (WA)
F924685
Easement to the State of Western Australia as amended and ratified by the Goldfields Gas Pipeline Agreement Act 1994 (WA). Registered 10 July 1995
11. Access to Mining Tenements and Petroleum Interests
(a) Without limiting the operation of any other clause in this Schedule Six, but subject to clause 11(b) below, any rights of the holders from time to time of a mining tenement or petroleum interest, including those listed in clauses 9 and 10 of this Schedule Six, to use (including by servants, agents and contractors) such portions of roads and tracks in the Determination Area existing as at the date of this determination as are necessary to access the area the subject of the mining tenement or petroleum interest for the purposes of exercising the rights granted by that tenement or interest.
(b) Nothing in clause 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).
(c) Nothing in this Schedule Six will limit the rights of the holders from time to time of mining tenements or petroleum interests, including those referred to in clauses 9 and 10 of this Schedule Six, including any existing right to exclude members of the public from entering onto the land and waters the subject of any mining tenement or petroleum interest.
12. Telstra Corporation Limited
The rights and interests of Telstra Corporation Limited (ACN 051 775 556), its related bodies corporate and successors in title:
(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 the 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 section 212(2) of the Native Title Act and section 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:
(a) Those Aboriginal people who are recognised under traditional law and custom as having rights in some or all of the Determination Area on one or more of the following bases:
(i) biological and/or socially recognised descent from one or more of the owners, under traditional law and custom, of some or all of the Determination Area at the time of non-Aboriginal settlement;
(ii) their own or an ancestor's birth on the Determination Area;
(iii) their own or an ancestor's long association with the Determination Area; or
(iv) the holding of religious, sacred or ritual authority under traditional law and custom for one or more places on the Determination Area.
(b) The descendants of the following ancestors are recognised under traditional law and custom as having rights in some or all of the Determination Area under categories (i) and (ii) above:
(i) Majika mother's mother of Telpha Ashwin, Jumbo Harris and Kweelah;
(ii) Siblings Peter Inkie, Jilyu Fanny and Titjipu – Peter Foley;
(iii) Billy and his two wives Mary Ann and Mary parents of Daisy Cordella, Maggie (aka Wilgie), Julia aka Mundai, Amy aka Jinan Rex, Annie, Maniwa and Winnie;
(iv) Inyarndi mother of Big Paddy Wheelbarrow, Little Paddy Wheelbarrow and Jimmy Wheelbarrow;
(v) Ruby Shea;
(vi) Siblings Andy Fisher and Natha;
(vii) Siblings Beaman aka Charlie, Thadi and Dinah Evans;
(viii) Nobby Nixon and his sister Milibindi;
(ix) Mary Naringa;
(x) Queenie Swan;
(xi) Sarah Ashwin nee Brown (Marakali); and
(xii) Minnie Narrier.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
The applicant initially filed its determination application on 10 April 2018. The Native Title Registrar of the National Native Title Tribunal was not satisfied that the initial form of the application met all of the conditions of ss 190B–190C of the NTA (registration test). Various amendments were made to the determination application, and a number of further iterations of the application were filed in the period 2018 to 2021 which also did not meet the registration test. A third further amended application titled “Substituted Native Title Determination Application” was filed on 28 April 2021. On 9 July 2021 a delegate of the Native Title Registrar decided that the Darlot Application satisfied the registration test and that the claim may be accepted for registration and entered into the Register of Native Title Claims. Notice was given by the Native Title Registrar under s 66 of the NTA and the closing date for the notification period was 28 October 2020. A number of mediations were convened by a Registrar of this Court after the determination application was first filed with the Court. Mediation between the applicant and neighbouring native title determination applicants resulted in an agreement being reached between the parties to remove various overlaps. The applicant reached agreements of this nature with the Marlinyu Ghoorlie (WAD 647/2017) applicant, the Tjalkadjara (WAD 597/2018) applicant, and the Nyalpa Pirniku (WAD 91/2019) applicant. Pursuant to my orders of 16 September 2021, mediation also occurred between the applicant and the applicant in the Jardu Mar (WAD 4/2021) native title determination application (Jardu Mar Claim). The overlap between the Darlot Application and the Jardu Mar Claim was resolved by my dismissal of the Jardu Mar Claim on 4 February 2022 pursuant to s 190F(6) of the NTA in Dimer on behalf of theJardu Mar People v State of Western Australia [2022] FCA 64. On 30 August 2021, I made orders in relation to a number of additional persons coming forward to assert native title rights and interests in the Determination Area, and referred such persons to mediation. Subsequently, seven individuals made applications to be joined as a respondent to the Darlot Application. On 16 February 2022 I dismissed those applications for the reasons set out in Harrington-Smith on behalf of the Darlot Native Title Claim Group v State of Western Australia [2022] FCA 114 (Joinder Decision). Native Title Services Goldfields (NTSG) were joined as a respondent party to the Darlot Application during the notification period for the claim. Following the Joinder Decision, on 23 February 2022, NTSG provided written notice to the Court under s 84(6) of the NTA that it wished to cease to be a party to the proceeding. NTSG ceased to be a respondent on 24 February 2022. In the Joint Submission the parties noted that the resolution of the above issues enabled a consent determination of native title to proceed over the entirety of the land and waters covered by the Darlot Application.