Harrington-Smith on behalf of the Darlot Native Title Claim Group v State of Western Australia (No 2)

[2022] FCA 764

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

File number:

WAD 142 of 2018

Judgment of:

BROMBERG J

Date of judgment:

5 July 2022

Catchwords:

NATIVE TITLE – consent determination – requirements of s 87 of the Native Title Act 1993 (Cth) – appropriate to make orders – determination of native title made

Legislation:

Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Cth)

Native Title Act 1993 (Cth)

Cases cited:

Ashwin on behalf of the Wutha People v State of Western Australia (No 4) [2019] FCA 308

Billy Patch on behalf of the Birriliburu People v State of Western Australia [2008] FCA 944

Davey on behalf of the Mayala #2 Native Title Claim Group v State of Western Australia [2019] FCA 1137

Dimer on behalf of theJardu Mar People v State of Western Australia [2022] FCA 64

Harrington-Smith on behalf of the Darlot Native Title Claim Group v State of Western Australia [2022] FCA 114

Harrington-Smith on behalf of the Wongatha People v State of Western Australia (No 9) [2007] FCA 31

Lovett on behalf of the Gunditjmara People v Victoria [2007] FCA 474

Munn (for and on behalf of the Gunggari people) v Queensland (2001) 115 FCR 109

Nangkiriny v Western Australia [2004] FCA 1156

Narrier v State of Western Australia (No 2) [2017] FCA 104

Sceghi on behalf of the Kultju Native Title Claim Group v State of Western Australia [2019] FCA 1756

Trevor Close on behalf of the Githabul People v Minister for Lands [2007] FCA 1847

Watson on behalf of the Nyikina Mangala People v State of Western Australia (No 6) [2014] FCA 545

Division:

General Division

Registry:

Western Australia

National Practice Area:

Native Title

Number of paragraphs:

48

Date of last submissions:

19 April 2022

Date of hearing:

5 July 2022

Counsel for the Darlot Applicant:

Ms L Eaton

Solicitor for the Darlot Applicant:

Roe Legal Services

Solicitor for the State of Western Australia:

Mr P Ramsay of the State Solicitor’s Office

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 1^st 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) 15^th 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

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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:

1. 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.

2. 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.

3. 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.

4. 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.

5. 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.

6. 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. 

7. 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

8. 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).

9. 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.

10. 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

11. 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.

12. 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.

13. 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.

14. 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).

15. 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.

16. 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.

17. 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

18. 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)).

19. 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)).

20. 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.

21. 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

22. 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.

23. 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).

1. 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

2. 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).

3. 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.

4. 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.

5. 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.

6. 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.   

7. 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.  

8. 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.

9. 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.

10. 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.

11. 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.

12. 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.

13. 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.

14. 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.

15. 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

16. 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.

17. 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.

18. 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.

19. 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).

20. 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

21. 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.

22. 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.

23. 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

24. 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.

25. 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