Mullett on behalf of the Gunai/Kurnai People v State of Victoria
[2010] FCA 1144
•22 October 2010
FEDERAL COURT OF AUSTRALIA
Mullett on behalf of the Gunai/Kurnai People v State of Victoria
[2010] FCA 1144
Citation: Mullett on behalf of the Gunai/Kurnai People v State of Victoria [2010] FCA 1144 Parties: ALBERT MULLETT, SANDRA MIDDLETON PATTEN, GRAHAM (BOOTSIE) THORPE AND OLIVE TREGONNING ON BEHALF OF THE GUNAI/KURNAI PEOPLE v STATE OF VICTORIA AND OTHERS
GWEN ATKINSON, SHEILA BAKSH, BERYL BOOTH, MARGARET DONNELLY, SHIRLEY FOSTER, RHODA GREEN, JULIE MONGTA, SANDRA PATTEN, LORRAINE SELLINGS, JAMIE THOMAS, LYNETTE WALSH, RITA WATKINS AND RICHARD YOUNG ON BEHALF OF THE GUNAI/KURNAI PEOPLE v STATE OF VICTORIA AND OTHERS
File number(s): VID 6007 of 1998
VID 482 of 2009Judge: NORTH J Date of judgment: 22 October 2010 Legislation: Native Title Act 1993 (Cth) ss 56, 59, 87, 94A, 225
Native Title (Prescribed Bodies Corporate) Regulations 1999 (Cth) reg 4Date of hearing: 3 - 7 & 10 - 11 December 2007, 19 February 2008, 11 March 2008, 17 July 2008 and 22 October 2010 Date of last submissions: 18 October 2010 Place: Knobs reserve, Stratford Division: GENERAL DIVISION Category: No Catchwords Number of paragraphs: 42 Hearing 3 -7 & 10-11 December 2007 Counsel for the Applicant: Mr T Keely Solicitor for the Applicant: Native Title Services Victoria Counsel for the Group 1 Respondent: Mr T Neal SC with Mr P Willis Solicitor for the Group 1 Respondent: Victorian Government Solicitor Counsel for the Group 2 Respondent: Mr J Waters Solicitor for the Group 2 Respondent: Australian Government Solicitor Solicitor for the Group 4 and Group 12 Respondents: Suzanna Sheed & Associates Counsel for the Group 4, 5, 6, 7, 8, 10, 12, 18, 21, 22 and 30 Respondents: Mr G Hiley QC with Mr G Moloney Solicitor for the Group 5, 7, 8 and 10 Respondents: Williams Love & Nicol Solicitor for the Group 18 Respondent: Just Outcomes Solicitor for the Group 21 and 22 Respondents: Frenkel Partners Solicitor for the Group 30 Respondent: GJ Thompson, Solicitor Hearing 19 February 2008 Counsel for the Applicant: Mr T Keely Solicitor for the Applicant: Native Title Services Victoria Counsel for the Group 1 Respondent: Mr T Neal SC with Mr P Willis Solicitor for the Group 1 Respondent: Victorian Government Solicitor Hearing 11 March 2008 Counsel for the Applicant: Mr T Keely Solicitor for the Applicant: Native Title Services Victoria Counsel for the Group 1 Respondent: Mr T Neal SC with Mr P Willis Solicitor for the Group 1 Respondent: Victorian Government Solicitor Hearing 17 July 2008 Counsel for the Applicant: Mr T Keely Solicitor for the Applicant: Native Title Services Victoria Counsel for the Group 1 Respondent: Mr T Neal SC Solicitor for the Group 1 Respondent: Victorian Government Solicitor Counsel for the Group 2 Respondent: Mr J Waters Solicitor for the Group 2 Respondent: Australian Government Solicitor Solicitor for Group 6 Ms T Sheedy, Rigby Cooke Hearing 22 October 2010 Counsel for the Applicant: Mr T Keely with Ms A Keely & Mr A Frith Solicitor for the Applicant: Native Title Services Victoria Counsel for the Group 1 Respondent: Mr T Neal SC with Mr P Willis a& Ms E Heffernan Solicitor for the Group 1 Respondent: Victorian Government Solicitor Counsel for the Group 2 Respondent: Mr C Rawson Solicitor for the Group 2 Respondent: Australian Government Solicitor Counsel for the Group 9
Respondents:Ms C Lawrence Solicitor for the Group 9 Respondents: Blake Dawson Counsel for the Group 18 Respondents: Ms G Denisenko Solicitor for the Group 18 Respondents: Just Outcomes
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY
GENERAL DIVISION
VID 6007 of 1998
BETWEEN: ALBERT MULLETT, SANDRA MIDDLETON PATTEN, GRAHAM (BOOTSIE) THORPE AND OLIVE TREGONNING ON BEHALF OF THE GUNAI/KURNAI PEOPLE
Applicant
AND: STATE OF VICTORIA AND OTHERS (as per list at Attachment A)
Respondents
JUDGE:
NORTH J
DATE OF ORDER:
22 OCTOBER 2010
WHERE MADE:
KNOBS RESERVE, STRATFORD
THE COURT ORDERS THAT:
See Attachment B
Note:Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
The text of entered orders can be located using Federal Law Search on the Court’s website.
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY
GENERAL DIVISION
VID 482 of 2009
BETWEEN: GWEN ATKINSON, SHEILA BAKSH, BERYL BOOTH, MARGARET DONNELLY, SHIRLEY FOSTER, RHODA GREEN, JULIE MONGTA, SANDRA PATTEN, LORRAINE SELLINGS, JAMIE THOMAS, LYNETTE WALSH, RITA WATKINS AND RICHARD YOUNG ON BEHALF OF THE GUNAI/KURNAI PEOPLE
ApplicantAND: STATE OF VICTORIA AND OTHERS (as per list at Attachment A)
Respondents
JUDGE:
NORTH J
DATE OF ORDER:
22 OCTOBER 2010
WHERE MADE:
KNOBS RESERVE, STRATFORD
THE COURT ORDERS THAT:
See Attachment B
Note:Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
The text of entered orders can be located using Federal Law Search on the Court’s website.
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY
GENERAL DIVISION
VID 6007 of 1998
BETWEEN: ALBERT MULLETT, SANDRA MIDDLETON PATTEN, GRAHAM (BOOTSIE) THORPE AND OLIVE TREGONNING ON BEHALF OF THE GUNAI/KURNAI PEOPLE
Applicants
AND: STATE OF VICTORIA AND OTHERS (as per list at Attachment A)
RespondentsVID 482 of 2009 BETWEEN: GWEN ATKINSON, SHEILA BAKSH, BERYL BOOTH, MARGARET DONNELLY, SHIRLEY FOSTER, RHODA GREEN, JULIE MONGTA, SANDRA PATTEN, LORRAINE SELLINGS, JAMIE THOMAS, LYNETTE WALSH, RITA WATKINS AND RICHARD YOUNG ON BEHALF OF THE GUNAI/KURNAI PEOPLE
ApplicantsAND: STATE OF VICTORIA AND OTHERS (as per list at Attachment A)
Respondents
JUDGE:
NORTH J
DATE:
22 OCTOBER 2010
PLACE:
KNOBS RESERVE, STRATFORD
REASONS FOR JUDGMENT
1 Aboriginal people have occupied the Gippsland area in south east Victoria for at least 18,000 years. Indeed, not far from here at Knobs Reserve, Albert Mullett, an applicant and senior Gunai/Kurnai man, took the Court to an old red gum tree scarred from where the bark was removed long ago to make a canoe. Those canoes were used to navigate the lakes, rivers and estuaries in Gippsland. Nearby Albert showed us signs in the rock where it was used to make or sharpen stone tools like the stone adze used to cut out the canoe. These examples are a small fragment of the large body of material from the memories and lives of the Gunai/Kurnai people, from historical records, and from scholars and writers which tell of an organised society of first people in Gippsland with roots in the depths of time.
THE APPLICATIONS FOR A DETERMINATION OF NATIVE TITLE
2 In order to have their rights in this country recognised under Australian law, the descendants of the Aboriginal people who were in Gippsland at the time of white settlement filed applications for a determination of native title under the Native Title Act 1993 (Cth) (the Act). The first application for a determination for native title (VID 6007 of 1998) was filed on 7 April 1998 and a further application (VID 482 of 2009) was filed on 29 June 2009. The applications sought a determination in relation to over 8,000 specific parcels of land within the general area of Gippsland. The second application was filed to include a number of parcels which had not been included in the first application. The outer boundary of the application area extended in very approximate terms from a short distance east of Warragul on the western side, to the waters off the southern coast of Victoria on the southern side, to the Snowy River on the eastern side, and to the Great Dividing Range on the northern side. The claim group comprise the Gunai/Kurnai people being the descendants from 25 named apical ancestors. The State of Victoria (the State) and the Commonwealth of Australia are respondents as well as a large number of parties who are grouped for the purpose of representation by reference to their interests in local government, mining, farming, commercial fishing, forestry, water, petroleum, telecommunications, public access, fishing, and recreational land use.
THE AGREEMENT TO SEEK A CONSENT DETERMINATION
3 The Court heard some evidence in support of the applications. Then the parties engaged in negotiations which have resulted in an agreement. The parties now wish the Court to make orders reflecting that agreement which includes the making of a determination of native title. The Court has power to make such orders if certain conditions are satisfied (s 87). This hearing is to consider whether those orders should be made.
4 The agreement made between the parties seeks orders of the Court by consent to amend the area of the applications by reducing the claim area, to consolidate the two applications, and to make a determination of native title in relation to parcels of land in the application area. The general terms of the proposed determination recognise non-exclusive native title rights and interests to have access to or enter and remain on the land and waters, to use and enjoy the land and waters, to take the resources of the land and waters for the purposes of satisfying personal, domestic, or communal needs but not for commercial purposes, and to protect and maintain places and areas on the land and waters which are of importance according to Gunai/Kurnai traditional laws and customs. The proposed determination also identifies areas in which it is agreed that native title has been extinguished.
5 A further order sought by the parties gives them liberty to apply to the Court for specified purposes. This order will be referred to later in these reasons.
THE REQUIREMENTS OF SECTION 87 OF THE NATIVE TITLE ACT
6 There are a number of conditions which must be satisfied before the Court may make the orders sought. The written signed terms of the agreement must be filed with the Court (s 87(1)(b)). This condition has been satisfied in this case. The Court must be satisfied that the order is within the power of the Court (s 87(1)(c)). This condition has been satisfied because the rights and interests included in the proposed determination are recognisable by the common law of Australia, and there is no other determination in existence over the determination area.
7 Then, the Court must be satisfied that it is appropriate to make the orders sought (s 87(1A)(a)). The primary consideration of the Court is to determine whether there is an agreement and whether it was freely entered into on an informed basis. The Court is not required to examine whether the agreement is grounded on a factual basis, which would satisfy the Court at a hearing of the application: Nangkiriny v State of Western Australia (2002) 117 FCR 6; [2002] FCA 660, Ward v State of Western Australia [2006] FCA 1848, Lovett on behalf of the Gunditjmara People v State of Victoria [2007] FCA 474. The Court will usually need to be satisfied that the State party has taken steps to satisfy itself that there is a credible basis for an application: Munn v Queensland (2001) 115 FCR 109; [2001] FCA 1229.
8 The State filed a comprehensive submission which described how it has come to the view that there is a credible basis for the application. The Gunai/Kurnai agree with these submissions and expressly adopt them.
9 The submissions explain that, initially, progress on the applications was prevented by discord within the claim group. The descendents of one of the ancestral couples, Larry Johnson and Kitty Perry Johnson, asserted through Ms Pauline Mullet that they, as the Kurnai, were entitled, to the exclusion of all others, to a determination of native title in the Gippsland area. The Gunai/Kurnai, as descendants from 25 apical ancestors, including Larry Johnson and Kitty Perry Johnson, claimed that they were together entitled to a native title determination in the Gippsland area. This dispute led to the Kurnai filing their own application for determination of native title in April 2005.
10 In order to break the impasse between the Gunai/Kurnai and the Kurnai, in March 2006, the Court took the unusual step of itself commissioning an expert anthropological report from Dr John Morton to address the group composition issue. It was reported to the Court that Dr Morton’s report was used in the mediation and assisted in providing a focus for the future direction of the case.
11 When the report did not lead to a resolution of the group composition issue, the Court conducted hearings in each of the Gunai/Kurnai and the Kurnai applications to take preservation evidence from elderly witnesses and to take early evidence. These hearings occupied 16 days between December 2007 and March 2008, predominantly in Gippsland. The State participated in these hearings. The written submissions describe the approach taken by the State thus:
38Consistent with its official preference for mediated settlements over litigated outcomes the State made it plain in its opening to the Court that it did not see its role in the hearing as simply the contradictor of claimant evidence. Rather, the State saw its role as exploring whether, and to what extent, the Gunai/Kurnai and Kurnai Clans Applications were legitimate.
39The State used the opportunity the EEH [Early Evidence Hearing] provided as a quality-assured means of gathering information. Its approach was to maximise information being offered by witnesses at the same time as clarifying evidence which appeared to it either inconclusive or ambiguous. The State also challenged evidence that it saw as unsustainable as a matter of logic, credibility or otherwise.
12 For the purpose of these hearings, the Gunai/Kurnai relied on and provided the State with ten volumes of historical materials which were intended to support the group composition case of the Gunai/Kurnai. It comprised historical records, including records of births, deaths and marriages, records from the Board for the Protection of Aborigines and records from contemporary western observers of early European contact with Aboriginal people in Gippsland, most particularly from Mr John Bulmer, the founder and superintendent of the Lake Tyers mission, and from eminent early ethnographer and local resident, Alfred Howitt.
13 The Court recorded at the conclusion of this hearing that the Gunai/Kurnai case on group composition had “obvious signs of strength”. The State regarded the evidence adduced at the hearing and the observations of the Court as a sound basis for undertaking further work relating to the connection of the Gunai/Kurnai to the claim area.
14 Following the delivery of Dr Morton’s report and its use in the mediation, Dr Morton’s engagement with the Court ceased, but Native Title Services Victoria (NTSV), acting on behalf of the Gunai/Kurnai, then engaged Dr Morton to provide further expert anthropological reports. In July 2008 his reports were given to the State. The written submissions explain that the State was greatly assisted by these reports. Between then and April 2010, NTSV and Dr Morton progressively provided Connection Reports to the State. These were reviewed internally from both a legal and anthropological viewpoint. They were also independently reviewed externally by counsel and a consulting anthropologist.
15 The State progressed its connection investigation by informal meetings with Gunai/Kurnai claimants directly. The State, in its written submissions, particularly acknowledges the contribution and energy of Mr Albert Mullett in this phase. The State received 30 formal statements from members of the claim group. Representatives of the State also visited sites of significance and attended cultural events with the Gunai/Kurnai claimants.
16 In October 2009, the Court heard the Kurnai application over 6 days, mostly in Sale. The Gunai/Kurnai participated in the trial as a respondent. The Court delivered judgment on 14 May 2010: Rose on behalf of the Kurnai Clans v State of Victoria & Others [2010] FCA 460. It rejected the Kurnai application and found that the descendants of Larry Johnson and Kitty Perry Johnson were not alone the right people for Gippsland. The State’s assessment of the Gunai/Kurnai applications relied on some of the findings made by the Court in the Kurnai hearing which accepted the reliability of the evidence of Dr Sue Wesson, the historian called by the State, and Ms Belinda Burbidge and Dr Morton, the anthropologists called by the Gunai/Kurnai. The State placed significance on the Court’s conclusion [at 189] as follows:
… Whilst this application was not the vehicle for the Gunai/Kurnai to prove their entitlement to a determination of native title in favour of the wider Aboriginal society of Gippsland, the evidence, particularly from the voluminous historical and anthropological sources gave a clear indication of a strong basis for such an entitlement.
17 Then, in early 2010, some limited outstanding connection issues were addressed, firstly between anthropologists Dr Morton engaged by the Gunai/Kurnai, and Professor Memmott, engaged by the State, and then in a meeting with some members of the Gunai/Kurnai claim group, the two anthropologists, legal representatives of the Gunai/Kurnai and the State, and Registrar Irving of the Federal Court.
18 Agreement in principle between the Gunai/Kurnai and the State was reached in April 2010. Between June and October 2010 the State engaged in a process of consultation with the non-State respondents and with the Commonwealth, most of whom were legally represented.
19 In tandem with these developments, over the past three years, the State through the Traralgon office of the Victorian Department of Sustainability and Environment conducted a tenure analysis of over 8,000 parcels of land in the application area. The State and the Gunai/Kurnai agreed on the principles by which this tenure examination was to be approached and disagreement and queries were addressed in workshops and in case management conferences.
20 The State has used the principles established by the High Court in Members of the Yorta Yorta Aboriginal Community v Victoria [2002] 214 CLR 422 as the yardstick by which to assess whether there is cogent evidence to support the Gunai/Kurnai application. In summary, it has taken legal, historical and anthropological advice. It has participated in and had regard to the evidence and conclusions of the Court in over 20 days of hearings. Further, it has shared the results of its investigation with the other respondents and there has been full consultation with them over the terms of the ultimate agreement. It has conducted a rigorous tenure analysis of each of the parcels of land included in the application in cooperation with the Gunai/Kurnai to produce a determination area table which covers over 160 pages and is included in the draft determination. From this history, it is clear that the State has taken an active role in the proceeding in the interests of the Victorian community generally, and has conducted a very thorough investigation into the validity of the application.
21 The primary concern of the Court in an application under s 87 is whether the agreement was arrived at voluntarily and on a fully informed basis. In a case like the present, where the Court has commenced hearing evidence on the applications, the Court is able to draw on that evidence in assessing whether it is appropriate to make the orders sought. In the present circumstances the Court commenced hearing evidence in the Gunai/Kurnai applications, and heard and determined the Kurnai application. Together this has involved over 20 sitting days and involved the Court in reviewing a large number of historical documents. The Court has heard expert anthropological evidence from Dr Morton and Ms Burbidge, and expert historical evidence from Dr Wesson. It has also heard the voices of Indigenous witnesses. In the Kurnai application the Court heard evidence from Ms Pauline Mullett, Ms Cheryl Drayton, Ms Regina Rose, Ms Marion Flo Hood-Finn, and Ms Lynette Hayes. Of central importance to the Court’s present consideration is the evidence which it heard from six Gunai/Kurnai witnesses in the course of the Gunai/Kurnai applications. There was evidence from Mr Albert Mullett, Ms Carol Wright, Ms Ollie Tregonning, Mrs Alice Thomas, Mr Michael Kenny, and Mr Lloyd Hood. Their evidence demonstrated a present proud and strong Indigenous society with a living culture. The depth and richness of all of this evidence confirms the conclusion contended for in the submissions of the parties that it is appropriate for the Court to make the orders which reflect the agreement of the parties.
THE REQUIREMENTS OF S94A OF THE NATIVE TITLE ACT
22 When the Court makes a determination of native title, the determination must set out whether or not native title exists in relation to the determination area and, if it does exist:
(a) who the person, or each group of persons, holding the common or group rights comprising the native title are; and
(b)the nature and extent of the native title rights and interests in relation to the determination area; and
(c) the nature and extent of any other interest in relation to the determination area; and
(d) the relationship between the rights and interests in paragraphs (b) and (c) (taking into account the effect of the Act); and
(e)to the extent that the land or waters in the determination area are not covered by a non-exclusive agricultural lease or a non-exclusive pastoral lease – whether the native title rights and interests confer possession, occupation, use and enjoyment of that land or waters on the native title holders to the exclusion of all others.
(S 94A, s 225 of the Act)
23 I am satisfied that the proposed determination includes these matters.
THE TERMS OF THE PROPOSED DETERMINATION OF NATIVE TITLE
24 The written submissions explain how the parties came to agree on the wording of cl 5(a) of the proposed determination, which relates to the right to protect and maintain areas of importance to Gunai/Kurnai traditional laws and customs, and cl 11 of the proposed determination, which deals with the relationship between native title and other interests. In each case the parties had views which diverged, and a form of words was chosen to accommodate the common ground. Clause 6 of the proposed determination deals with the right to take water. It reflects a shared view of one limitation on those rights.
25 In an application under s 87, the Court is concerned that the parties have arrived at an agreement and that the terms of the agreement are expressed with clarity on their face. The construction of a consent determination should not be governed by extraneous materials such as explanations for the wording contained in submissions to the Court. Consequently, the background negotiations which gave rise to the form of words ultimately chosen is of limited relevance to an application under s 87 of the Act. I am satisfied that the terms of cl 5(a), 6, and 11 of the proposed determination reflect an agreement between the parties and that the meaning of these clauses is clear.
26 The proposed paragraph 6 of the consent orders raises a different issue. It provides:
6.Where a party’s interests are or may be affected by any matter referred to in (a), (b) or (c) below, that party has liberty to apply to the Court by 22 October 2011 on 14 days written notice for the following purposes:
(a)to establish the precise location and boundaries of the extinguishment caused by the acts and facts referred to in the column headed “Native Title Assessment” in the Determination Area Table; or
(b)to establish whether a particular work is an Unidentified Extinguishing Public Work; or
(c)to establish the precise location and boundaries of the extinguishment caused by an Unidentified Extinguishing Public Work.
27 In its original form this proposed order had no time limit on the exercise of liberty to apply. The Court indicated to the parties that it was undesirable to leave the matter open ended in that way. As a result, orders have been sought in a modified form which limits the period within which liberty to apply may be exercised.
28 The State filed supplementary written submissions in relation to the modified form of proposed order. The submissions explain that part of the reason for the reservation of liberty to apply was “to complete the task of capturing those items of public work extinguishing native title which time and other circumstances had prevented being recorded in the Determination Area Table [“DAT”]”. The modified liberty to apply, even though limited in time, should accommodate this issue. Another purpose was “to allow the status of public work not considered prior to the finalising of the DAT to be resolved between the parties as and when necessary”. This issue is addressed outside the determination by the State offering an arrangement to the parties to address the extinguishment of native title by public works not presently identified. Any arrangements made outside the determination of native title need not concern the Court further on this application.
29 Orders such as those proposed in [6(b)] and [6(c)] which contemplate the possibility of further applications to the Court to resolve outstanding issues relating to extinguishment are undesirable because they lack the finality which should be achieved when a determination is made. Consequently, the form of order made in this case in [6] should not be regarded as a precedent in future applications for determinations of native title. It is appropriate to make such an order in the modified form in this case because it responds to certain special circumstances. One circumstance is that the scope of the task of identification of particular parcels of land and their tenure history in this application is particularly daunting and time consuming because the area includes over 8,000 individual parcels of land. The difficulty was compounded because of the limited time between when the parties reached agreement and when the consent determination was listed for hearing. A further circumstance is that the negotiation of an agreement has been a long and complex undertaking and the parties have developed an expectation that there is a sufficient basis for a consent determination to be made on the present material on this day. After such a long and difficult road to reaching an agreement it would be a disproportionate response for the Court to refuse to make the order in the modified form.
30 The apparent width of the order proposed in [6(a)] also gave some cause for concern. However, the supplementary submissions explain that, typically, there are three causes of full extinguishment described in the “Native Title Assessment” column, namely, former freehold, former exclusive leasehold, and public work. The spatial dimensions of freehold and leasehold interests are readily ascertainable from documents of the State. Thus, the order in [6(a)] would most usually be called upon in relation to public works. In view of the limited area of practical operation of the order, it also should not be an obstacle to the making of a consent determination today.
THE APPOINTMENT OF A PRESCRIBED BODY CORPORATE
31 The Court is also required to make a determination whether the native title is to be held on trust, and if so, by whom (s 56(1)). The Gunai/Kurnai Land and Waters Aboriginal Corporation (GLaWAC) has been nominated to hold the native title in trust and GLaWAC has consented to the nomination (s 56(2)). The proposed consent orders provide for GLaWAC to hold the native title in trust for the native title holders pursuant to s 56(2) of the Act. GLaWAC is a body corporate which, on making the determination naming it as the holder of native title, will be a prescribed body corporate for the purposes of s 56 of the Act (s 59 of the Act and reg 4 of the Native Title (Prescribed Bodies Corporate) Regulations 1999 (Cth)).
CONCLUSION
32 It follows from these reasons that the requirements of the Act have been met and that the orders including the determination of native title sought by the parties will be made by the Court.
33 Today is a day of tremendous joy for Gunai/Kurnai people. Having experienced with them more than a decade of the progress of the applications, I share that joy with them. The successful outcome is a testament to the determination, persistence, energy and belief in, and commitment to, the tradition and living heritage of the Gunai/Kurnai people.
34 The day is significant for Gunai/Kurnai people because the orders which the Court will make will recognise under the Australian legal system the rights and interests which the Gunai/Kurnai people hold in Gippsland. That formal recognition is well deserved and has been hard won after many years of gruelling effort. This effort will be remembered by future generations of Gunai/Kurnai people who will enjoy the benefit of the foresight and dedication of the present Gunai/Kurnai people who have struggled for that recognition.
35 The achievement of a native title determination over such a large and significant part of Victoria – 45,000 hectares of Crown land amounting to almost 20% of the Crown land in Victoria – is a source of pride for Victorians and for Australians more generally. It addresses the issue referred to in the Preamble to the Act namely that:
They [Aboriginal and Torres Strait Islanders] have been progressively dispossessed of their lands. This dispossession occurred largely without compensation, and successive governments have failed to reach a lasting and equitable agreement with Aboriginal peoples and Torres Strait Islanders concerning the use of their lands.
As a consequence, Aboriginal people and Torres Strait Islanders have become, as a group, the most disadvantaged in Australian society.
36 The proposed native title determination responds to the intent of the Australian people stated in the Preamble to the Act as follows:
... to ensure that Aboriginal peoples and Torres Strait Islanders receive the full recognition and status within the Australian nation to which history, their prior rights and interests, and their rich and diverse culture, fully entitle them to aspire.
37 We all benefit when justice is accorded to members of our community. We feel good to know that our society operates on values of fairness, inclusion, and generosity.
38 It has become a matter of convention in Australia now to acknowledge the First People at the opening of public events. The making of the determination in favour of the Gunai/Kurnai people provides a firm legal basis for that acknowledgement in Gippsland.
39 It has taken a long time to reach a conclusion to these applications. That is largely explained by the fact that the applications cover a very large and populated area of Victoria. Further, the Gunai/Kurnai people had to navigate the difficult internal dispute which delayed progress in the early years. The Court has monitored the progress of the mediation at directions hearings about every three months for many years. I have had the opportunity to observe the actions and interactions between the parties, and in particular the representatives of the Gunai/Kurnai and the State. It is appropriate to observe that the representatives of those parties, both legal and otherwise, whilst properly serving the interest of their clients have acted with a great spirit of cooperation and mutual respect. The achievement of agreement has required enormous effort, energy and dedication by those parties and their legal and other advisors and they should be congratulated on their work.
40 Registrars Louise Anderson and Ian Irving of the Court have had a close involvement in the progress of the applications. Their wide experience in the native title jurisdiction and their focus on the value of mediated outcomes have allowed them to make valuable suggestions to the parties and to the Court about innovative processes which could be, and were, used to overcome a number of obstacles on the way to agreement. Their professionalism, commitment, and dedication to their roles has been extraordinary and justifies the unusual course of acknowledgement in these reasons for judgment.
41 The agreement could not have been reached without the commitment of the government of Victoria to advance land justice for Indigenous people. It has pursued that commitment by recently establishing a new system, the Victorian Native Title Settlement Framework (the Framework), to provide land justice to the Indigenous people of Victoria. The Traditional Owner Settlement Act 2010 (Vic) was the last piece of legislation necessary to establish the new system. It received Royal Assent on 21 September 2010 and came into operation on 23 September 2010, just one month ago. The negotiations in the present applications were substantially complete by then. There are hopes that the Framework will deliver the promise of making it easier for Indigenous people to achieve land justice in Victoria and provide enhanced outcomes despite some early teething troubles: Edwards on behalf of the Wamba Wamba, Barapa Barapa, Wadi Wadi People v State of Victoria [2010] FCA 744.
42 The act of recognition of the rights and interests of the Gunai/Kurnai people occurs by the Court making the orders and the determination of native title. In order to demonstrate, in a tangible way, the act of recognition by the Australian legal system I now present a copy of the signed orders including the determination of native title to the leaders of the Gunai/Kurnai people – Albert Mullett, Gwen Atkinson, Rita Watkins and Margaret Donnelly. Your tireless work with the negotiation team and Elders Council has secured the rights of the Guani/Kurnai people.
I certify that the preceding forty-two (42) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice North. Associate:
Dated: 22 October 2010
ATTACHMENT A
VID6007/1998
ALBERT MULLETT, SANDRA MIDDLETON PATTEN, GRAHAM (BOOTSIE) THORPE AND OLIVE TREGONNING ON BEHALF OF THE GUNAI/KURNAI PEOPLE
ApplicantSTATE OF VICTORIA AND OTHERS
RespondentsRESPONDENT PARTIES
01 Government Interests – State of Victoria
East Gippsland Region Water Authority
Gippsland Water
South Gippsland Region Water Authority
Southern Rural Water Authority
State of Victoria
West Gippsland Catchment Management Authority02 Government Interests- Commonwealth
Commonwealth of Australia03 Government Interests - Local
East Gippsland Shire Council
South Gippsland Shire Council
The Baw Baw Shire Council
Wellington Shire Council04 Land Users 1
A and J Morphett Nominees
Bila, Hermann and Pam May
Bilney, Roger John
Boger, David V
Brown, Ian
Brown, Martin Robert and Beverly Joan
Carruthers, Penelope Anne
Coleman, Albert F and Marion J
De Voil, Thomas Robin and Philippa Hamilton
Dubelaar, Jacobus
Estate of Herbert Bubb
Fleming, Brian Charles
Foards Freeholds Pty Ltd
Gerald Anthony Feely
Gibbons, John F
Harper, Maurice Edward and Silvia Mary
Hector McLeod and Robyn Elizabeth Stagg
Matthews, Graham Lesley and Marie Lynette
Mt Hotham Alpine Resort Management Board
Mulvany, Thelma Jean
Pagels, Albert Gordon
Sherar, Glenda Joy
Stuart, Kenneth John
The Estate of H.C. Thurlby
Vaccaro, Ugo and Teresa
Wilson, Ian Geoffrey and Tana Lorraine
Wise, Peter John and Beverley Anne
Woodbridge, Peter and Lynette05 Land Users 2 (VFF)
Albert, F.T.
Baldwin, Reginald David and Mary Winifred
Balfour, Davie and Sue Ellen
Chesterfield Pty Ltd
Coulson, Margaret Ann
Coverdale, Harold Edward and Janice Nola
Crawford, Maxwell Irving
Cropley, Raymond Searle
Davies, Judith Haydon
Ferguson, Anthony and Bernadette
Fiddelaers, Henricus Hubertus Franciscus and Gail
Gallagher, D.C.
Gates, Tanya and Ashley
Geary, Gerald Patrick and Barbara Marie
Gell, John William and Leonie Adele
Gunter, JDS
Heywood, Bruce Alfred and Elsie Faye
Kingham, Rex William
Knee, Bruce William and Rae
Lafferty, John Anthony
Lawlor, Simon and Sonia Nicole
Morley, Ian Donald and Faye Lorraine
Moyes, Ray and Diane
Nardino, Peter John and Paula Alice
Ramsay, Andrea Christine
Rendell, Clement Allen
Rodwell, Marjory Jean
Ryson's Creek Stud Pty Ltd
Stewart, Murray John and Debra Joy
Stringer, Dennis Webster
Tabuteau, Boyd Sylvester and Sandra May
The Estate of Kenneth Thompson Riley
The Estate of G Petersen
Waddell, Rosemary Patricia
Walker, Adrian Hurst
Walker, Robert Anthony and Dianne Elizabeth06 Water Rights 1
Harrison, Jacqueline Ann and Kate Jessica07 Water Rights 2 (VFF)
Bridle, Richard John and Lynne Maree
Chambers, John Sydney
Clay, Gary J and Trudy K
Cliff, Barry Selwyn and Suzanne Jane
Condron, Allan Desmond, Barbara May and Gary Allan
Crooke, Richard Alister James
Dean, KF
Di Marco, Gino
Donahoe, Timothy John and Margaret Mary Jose
Estate of RA Deppeler
Evenden, Reginald Robert
FH Grumley and Co
Greenaway, Albert William, Eric John and Margaret Ann
Hillbrich, Bronwyn Hamlyn and Gordon Mark
Hobson, Harold Rex, Hilary, Ronald James, Jennifer Lillian, Peter John and Louana Jane
Kennedy, Charles Hector and Heather Margaret
Killeen, Kevin Francis and Marion Enid
Kleinitz, Gregory Phillip and Leanne Myrtle
Lavery, E and BM
Logan, James Raymond and Barbara Dianne
Mancarella, P JNR
McGregor Bolton, Arnold Jack and Marguerita
Morrison, Glenn Alan and Belinda Lucia
Mosley, Jane
Newcomen, Barry Chisholm and Alicen Joan
Newcomen, Evan Owen
Nielsen, Otto Christian and Orla Sigfred
Osborn, Eileen Heather
Smith, David Ian and Heather Grace
Stewart, Peter James and Margaret May
Stuart, Kenneth John
Thomson, AW and RC
White, Peter Charles Armitstead and Wendy09 Telecommunication Interests
Telstra Corporation Limited10 Forestry Interests
Auswest Timber
Midway Pty Ltd
Paper Australia Ltd
Victorian Plantations Corporation12 Recreational User Interests
Howard, Gary Michael
O'Reilly, Esmonde John
Loch Sport Boat Club Inc13 Public Access 1
SPI Powernet Pty Ltd14 Public Access 2
GasNet Australia (Operations) Pty Ltd16 Forestry Interests II
Grand Ridge Plantations17 Mining Interests I
Monash Energy Coal Limited
18 Mining Interests II
Ignite Energy Resources Pty Ltd
Loy Yang Power19 Mining Interests III
Esso Australia Pty Ltd
HRL Developments Pty Ltd20 Mining Interests IV
TRUenergy Yallourn Pty Ltd21 Victorian Commercial Fishing Licence
A and A Reynolds Pty Ltd
Allen, Arthur
Anedda, Nicolino
Arendsen, Christopher Richard
Australian Aquaculture Products
Avery, Kenneth Norman
Barrett, John M
Chandler, Gilbert Wayne
Clarke, Neville David
Clyde Thomas Pty Ltd
Cripps, Brett Charles
Cripps, Gary Alan
Dunstone, Raymond Leslie
Extraband Pty Ltd
Gabes Investments Pty Ltd
Garland, Eugene R
Goulden, Matthew Charles
Haliotis Fisheries Pty Ltd
Hunt, David Anthony
Ingram Abalone Pty Ltd
J and M Armstrong Pty Ltd
Kazakas, Tony
Laub, Maxwell John and Dianne Patricia
Leckford Pty Ltd
Minehan, John Michael
Mitchelson, Harry Kevin
Mollusc Pty Ltd
Newman, Kevin Ronald
P and D Clarke
Pinzone, Joseph Domonic
PJ and H Johnston Pty Ltd
Pollard, Anthony Thomas
R Carstairs and "Mako" Fishing Charters
Seyah Pty Ltd
Shorland Fisheries Pty Ltd
Simon Tidswell and Ocean Depths Pty Ltd
Thirteenth Mount Cope Pty Ltd22 Australian Commercial Fishing Licence
Lakes Entrance Fishermen's Co-Operative Society Limited23 Work Authority Holder
Ian Sloan Pty Ltd24 Petroleum 1
Basin Oil Pty Ltd
Santos Ltd
Santos Offshore Pty Ltd29 Public Access 5
Jemena Eastern Gas Pipeline (1) Pty Ltd and Jemena Eastern Gas Pipeline (2) Pty Ltd
Tasmanian Gas Pipeline Pty LtdVID482/2009
GWEN ATKINSON, SHEILA BAKSH, BERYL BOOTH, RITA WATKINS, RICHARD YOUNG, SHIRLEY FOSTER, RHODA GREEN, MARGARET DONNELLY, LORRAINE SELLINGS, SANDRA PATTEN, JAMIE THOMAS, JULIE MONGTA AND LYNETTE WALSH ON BEHALF OF THE GUNAI/KURNAI PEOPLE
ApplicantSTATE OF VICTORIA AND OTHERS
RespondentsRESPONDENT PARTIES
01 Government Interests – State of Victoria
State of Victoria02 Government Interests- Commonwealth
Commonwealth of Australia03 Government Interests - Local
South Gippsland Shire Council
Baw Baw Shire Council
East Gippsland Shire Council
LaTrobe City Council
Wellington Shire Council04 Land Users 1
Scripture Union Victoria
John & Barbara Butler16 Forestry Interests II
Grand Ridge Plantations18 Mining Interests II
Mt Wills Gold Mines NL
Ignite Energy Resources Pty Ltd
Australian Gold Mines NL
Loy Yang Power Management Pty Ltd
Orion Gold NLATTACHMENT B
BEING SATISFIED that a determination of native title in the terms set out in the following minute of consent determination of native title in respect of proceedings VID6007 of 1998 and VID482 of 2009 would be within the power of the Court and, it appearing to the Court appropriate to do so, pursuant to section 87 of the Native Title Act1993 (Cth) and by the consent of the parties.
THE COURT ORDERS THAT:
1.The Applicant have leave to amend the claim in proceeding VID6007 of 1998 as follows:
(a)by substituting the map in Schedule 6 to the determination of native title to be made shortly in this proceeding and in proceeding VID482 of 2009 (‘the consent determination’) for the map in Attachment CA of the native title determination application in this proceeding, as amended;
(b)by omitting from claim any and all areas that lie outside the external boundary description in Schedule 1 to the consent determination.
2.The Applicant have leave to amend the claim in proceeding VID482 of 2009 as follows:
(a)by substituting the external boundary description in Schedule 1 to the consent determination for the external location boundary described in Attachment B to the native title determination application in this proceeding;
(b)by substituting the map in Schedule 6 to the consent determination for the map of the external location boundary in Attachment C to the native title determination application in this proceeding;
(c)by omitting from claim any and all areas that lie outside the external boundary description in Schedule 1 to the consent determination;
(d) by omitting from claim the following additional areas:
Crown Allotment(s) Section Parish Certificate of Title 6 A COLQUHOUN EAST Vol 08876 Fol 129 4B 5 YEERUNG Vol 10037 Fol 211 17A & 17B WINDARRA Vol 06824 Fol 713 10 BOOLE POOLE Vol 04746 Fol 136
3.That proceedings VID6007 of 1998 and VID482 of 2009 be consolidated pursuant to Order 29 Rule 5 of the Federal Court Rules.
4.There be a determination of native title in proceedings VID6007 of 1998 and VID482 of 2009, as consolidated, in terms of the determination of native title that follows, in relation to the land and waters covered by the proceedings within the location identified in Schedule 1 of the determination.
5.The Gunaikurnai Land & Waters Aboriginal Corporation shall hold the determined native title in trust for the native title holders pursuant to s 56(2) of the Native Title Act1993 (Cth).
6.Where a party’s interests are or may be affected by any matter referred to in (a), (b) or (c) below, that party has liberty to apply to the Court by 22 October 2011 on 14 days written notice for the following purposes:
(a)to establish the precise location and boundaries of the extinguishment caused by the acts and facts referred to in the column headed “Native Title Assessment” in the Determination Area Table; or
(b)to establish whether a particular work is an Unidentified Extinguishing Public Work; or
(c)to establish the precise location and boundaries of the extinguishment caused by an Unidentified Extinguishing Public Work.
7.There be no order as to costs.
Date that entry is stamped: 22 October 2010
Justice A.M. North
THE COURT DETERMINES THAT:
Existence of native title (s 225)
1.Native title exists as provided in Order 5 in the areas described in Schedule 2 (“Native Title Area”).
2.Native title does not exist in the areas described in Schedule 3. To be clear, where the Determination Area Table refers to an area covered by a public work, the land and waters in respect of which native title does not exist include the land and waters adjacent to that public work, as described in s 251D of the Native Title Act 1993 (Cth).
3.There is no native title in the Native Title Area in or in relation to:
(a)minerals as defined in the Mineral Resources (Sustainable Development) Act 1990 (Vic), as in force at the date of this determination, as are owned by the Crown;
(b)petroleum as defined in the Petroleum Act 1998 (Vic), as in force at the date of this determination, as is owned by the Crown;
(c)groundwater as defined in the Water Act 1989 (Vic), as in force at the date of this determination.
The Native Title Holders (s 225(a))
4.The native title is held by the Gunai/Kurnai People, being those persons who identify as Gunai, Kurnai or Gunai/Kurnai and are descended from one or more of the Gunai/Kurnai Apical Ancestors described in Schedule 4.
The nature and extent of native title rights and interests (s 225(b))
and exclusiveness of native title (s 225(e))5.Subject to Orders 6-9, the native title that exists in the Native Title Area (“native title rights and interests”) consists of the non-exclusive:
(a)right to have access to or enter and remain on the land and waters;
(b)right to use and enjoy the land and waters;
(c)right to take the resources of the land and waters for the purpose of satisfying their personal, domestic or communal needs, but not for any commercial purposes;
(d)right to protect and maintain places and areas on the land and waters which are of importance according to Gunai/Kurnai traditional laws and customs; and
(e)without limiting the generality of the rights and interests referred to in (a) to (d), they include the right to undertake the following activities on the land and waters:
(i)camping, and for that purpose, erecting shelters and other temporary structures landward of the high water mark of the sea;
(ii)engaging in cultural activities;
(iii)engaging in rituals and ceremonies;
(iv)holding meetings and gatherings; and
(v)teaching and learning about the physical, spiritual and cultural attributes of places and areas of importance.
6.Insofar as the native title rights and interests may provide a right to take water from waterways, that right is limited to a right to take water from waterways for domestic and ordinary use.
7.The right in Order 5(d) does not entail a right to use physical force in a manner that would be unlawful.
8.The native title rights and interests do not confer possession, occupation, use and enjoyment of the land and waters on the native title holders to the exclusion of all others.
9.The native title rights and interests are subject to and exercisable in accordance with:
(a)the traditional laws and customs of the native title holders;
(b)the laws of the State of Victoria and of the Commonwealth, including the common law.
Nature and extent of any other interests (s 225(c))
10.The nature and extent of other interests in relation to the Native Title Area, as they exist at the date of this determination (“other interests”), are those set out in Schedule 5.
Relationship between native title and other interests (s 225(d))
11.The relationship between the native title rights and interests and the other interests is that:
(a)where and 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,
(i)the native title rights and interests continue to exist in their entirety; but
(ii)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;
(b)otherwise, except where (c) applies:
(i)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
(ii)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; and
(c)in relation to the other interests referred to in paragraph (a), (e), (f) or (g) of Schedule 5, those interests, and rights held under them, co-exist with the native title rights and interests, and both the rights held under the other interests and the native title rights must be exercised reasonably.
Definitions and interpretation
12.In this determination, including its schedules, unless the contrary intention appears, words and expressions have the same meaning as they have in Part 15 of the Native Title Act and:
“Crown” means the Crown in right of the State of Victoria or the Crown in right of the Commonwealth, as the case requires;
“Determination Area” means the land and waters referred to in Orders 1 and 2, being the land and waters of the areas described in the Determination Area Table in Schedules 2 and 3, and being certain lands and waters within the location described in Schedule 1;
“Determination Area Map” means the map in Schedule 6;
“Determination Area Table” means the table of that name forming part of Schedules 2 and 3;
“land” and “waters” respectively have the same meanings as in the Native Title Act;
“Native Title Act” means the Native Title Act1993 (Cth);
“Native Title Area” means the areas referred to in Order 1;
“native title rights and interests” means those rights and interests set out in Order 5 always as subject to Orders 6 - 9;
“other interests” means the interests referred to in Order 10, being the interests set out in Schedule 5;
“public work” has the same meaning as in s 253 of the Native Title Act.
“Unidentified Extinguishing Public Work” means any public work in the Native Title Area:
(a)the construction or establishment of which has extinguished native title in accordance with the Native Title Act; and
(b)the extinguishing effect of which has not been considered by the State and the Applicants prior to the date of this determination.
“waterway” has the same meaning as in s 3 of the Water Act 1989 (Vic) as in force at the date of this determination.
13.In this determination including its schedules, in the event of an inconsistency between a description of an area in a schedule and the depiction of that area on the Determination Area Map, the written description shall prevail.
SCHEDULE 1 – LOCATION OF THE DETERMINATION AREA
[ORDER 12]
External Perimeter within which the various areas comprising the Determination Area are located
The Determination Area is located wholly within the following external boundaries and comprises the particular allotments and areas identified in the Determination Area Table and as generally shown on the Determination Area Map.
The determination area covers all the land parcels listed within Schedule 2 and Schedule 3 to the extent that they are within the external boundary described as:
Commencing at a point on the western boundary of the Township of Mirboo North, being the intersection of the Parishes of Allambee East, Mirboo and Mardan and extending generally westerly, generally northerly and generally easterly along boundaries of the Parish of Allambee East to the western boundary of the Parish of Moe; then generally northerly along boundaries of that parish to the southern boundary of the Parish of Darnum; then generally westerly along boundaries of that parish to the centreline of Moe River; then generally easterly along the centreline of that river to its intersection with the western boundary of the Parish of Yarragon; then generally easterly and generally north westerly along boundaries of that parish to its intersection with the southern boundary of the Parish of Neerim East; then generally north westerly and generally northerly along boundaries of that parish to its intersection with the southern boundary of the Parish of Fumina; then generally north westerly, generally northerly and generally easterly along boundaries of that parish to its intersection with the western boundary of the Parish of Fumina North; then generally northerly and generally easterly along the western boundaries of that parish and western and northern boundaries of the Parish of Baw Baw to the south western corner of the Parish of Toombon; then generally northerly along boundaries of that parish to the southern boundary of the Parish of Moolpah; then westerly generally north easterly and generally easterly along boundaries of that parish and northern boundaries of the Parish of Binnuc to the western boundary of the Parish of Licola; then generally north easterly, generally north westerly, generally northerly and generally easterly along western boundaries of that parish, eastern boundaries of the Parish of Licola North, western and northern boundaries of the Parish of Magdala South to the south western corner of the Parish of Howitt Plains; then generally northerly, generally north easterly, generally easterly and southerly along western boundaries of that parish, northern boundaries of the Parish of Bolaira, northern boundaries of the Parish of Kybeyan, northern and eastern boundaries of the Parish of Yertoo and the eastern boundary of the Parish of Cooma to the north western corner of the Parish of Bulgaback; then easterly along the boundary of that parish to the centreline of the Dargo River, then generally easterly and generally southerly along the centreline of that river to the north western corner of the Parish of Quag-munjie, then generally easterly and generally north easterly along boundaries of that parish, western and northern boundaries of the Parish of Doodwuk to the western boundary of the Parish of Binnican; then generally north easterly, generally northerly and generally easterly along boundaries of that parish, western and northern boundaries of the Parish of Tabberabbera and northern boundaries of the Parish of Angora to the northern western corner of the Parish of Numbie-Munjie; then generally easterly, generally northerly, easterly and southerly along the boundaries of that parish, western, northern and eastern boundaries of the Parish of Noyong to a point on the centreline of the Timbarra River at Latitude 37.253946° South; then generally easterly and generally southery along the centreline of that river to its intersection with the northern boundary of the Parish of Mellick-Munjie; then generally easterly and generally southerly along boundaries of that parish to the north west corner of Allotment 21, Parish of Murrindal West; then easterly and southerly along boundaries of that allotment to the northern most point of Crown allotment 34F Parish of Murrindal West; then generally south easterly along boundaries of that allotment to its easternmost point and onwards to the northern most point of Crown Allotment 34E Parish of Murrindal West; then generally south easterly and generally easterly along boundaries of that allotment and southern and eastern boundaries of Crown Allotment 50 Parish of Murrindal West to the intersection of the prolongation westerly of the northern boundary of Lot 2 on PS309037; then easterly to and along the boundary of that lot and the northern boundary of Lot 1 PS309037 and onwards to the western boundary of the Parish of Murrindal East; then north easterly and generally easterly along boundaries of that parish to the centreline of the Snowy River; then generally southerly along the centreline of that River to its mouth at the intersection of the southern boundaries of the Parishes of Newmerella and Orbost East; then south to a point 200 metres seaward of the Territorial Sea Baseline; then generally westerly and generally south westerly along that line 200 metres seaward of that baseline to its intersection with the eastern boundary of Native Title Determination Application VID6005/98 Gunai/Kurnai/Boonerwrung (VC97/2), as lodged with the Federal Court 17 March 1997, at Longitude 146.513163° East; then north westerly along that application boundary to a point on the north eastern boundary of Crown Allotment 2 Parish of Warreen at Longitude 146.472505° East; then generally northerly to the southern boundary of Crown Allotment 22D Section B Parish of Wonga Wonga South; then generally westerly, generally north westerly and generally easterly along boundaries of that allotment to the southern boundary of the Parish of Toora; then generally northerly and generally westerly along boundaries of that parish to the eastern bank of the Franklin River; then generally north westerly along the bank of that river to Latitude 38.665785° South; then westerly to a point 20.12 metres (100 links) north easterly of the eastern bank of Deep Creek at Latitude 38.665785° South; then generally north westerly along a 20.12 metre buffer east of the eastern bank of that river to a point 20.12 metres north easterly of the source of Deep Creek at Latitude 38.601030° South; then north westerly to a point on the western boundary of the Parish of Mirboo South at its intersection with a line drawn between the source of Deep Creek and the source of Stony Creek; then generally north westerly and generally northerly along boundaries of that parish to its intersection with the southern boundary of the Parish of Mirboo; then generally westerly and generally northerly along southern and western boundaries of that parish back to the commencement point.
NOTES
Data Reference and source
Application boundary data compiled by the National Native Title Tribunal based on maps, and instructions supplied by the Department of Sustainability and Environment VIC (September 2010).
Freehold cadastral data sourced from Public Sector Mapping Agency (August 2010).
Non freehold cadastral data sourced from Sinclair Knight Merz Pty Ltd under license from Dept of Sustainability and Environment, VIC (August, 2010).
Parish boundaries sourced from Dept of Sustainability and Environment (July 2009) and compiled to cadastral boundaries.
River based on cadastral boundaries where possible or topographic vector data (1:25,000) sourced from Geoimage Pty Ltd under license from Geoscience Australia (March 2001).
Territorial Sea Baseline sourced from Maritime boundaries data and is © Commonwealth of Australia (Geoscience Australia) 2006. AMB 6th Edition released in February 2006.
Reference datum
Geographical coordinates have been provided by the NNTT Geospatial Services and are referenced to the Geocentric Datum of Australia 1994 (GDA94), in decimal degrees and are based on the spatial reference data acquired from the various custodians at the time.
Use of Coordinates
Where coordinates are used within the description to represent cadastral or topographical boundaries or the intersection with such, they are intended as a guide only. As an outcome 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.
SCHEDULES 2 AND 3 - WHERE NATIVE TITLE DOES AND DOES NOT EXIST - DETERMINATION AREA TABLE – DETERMINATION AREA TABLE NOTES
SCHEDULE 2 – WHERE NATIVE TITLE EXISTS – ORDER 1
Subject to Orders 3(c) and 6-9 and the Determination Area Table Notes 3 and 4, native title exists in:
i.land and waters of the areas and parts of areas listed in the column marked “Schedule 2 Areas” in the Determination Area Table and shown generally on the Determination Area Map, excluding any land or waters on which there is an Unidentified Extinguishing Public Work; and
ii.other waters within the area described in Schedule 1, excluding any waters listed in the column marked “Schedule 3 Areas” in the Determination Area Table and shown generally on the Determination Area Map and also excluding any waters on which there is an Unidentified Extinguishing Public Work.
SCHEDULE 3 – WHERE NATIVE TITLE DOES NOT EXIST – ORDER 2
Native title does not exist, because it has been wholly extinguished:
(a)in the land and waters of the areas and parts of areas listed in the column marked “Schedule 3 Areas” in the Determination Area Table and shown generally on the Determination Area Map; and
(b)in any [other] land or waters on which there is an Unidentified Extinguishing Public Work.
.
DETERMINATION AREA TABLE
Table of Areas referred to in Schedules 2 and 3
(To be read in conjunction with the following Determination Area Notes)
Entry Parcel ID Entry Allotment Section Parish Township Native Title Assessment Schedule 2 Areas-
Native TitleSchedule 3 Areas -
No Native Title1 P264139 A 12 6 Alberton East Alberton (T) Part covered by school buildings, structures and fenced-off grounds. ▼ 2 P264139 B 12 6 Alberton East Alberton (T) Part not covered by public works described in Entry A ▲ 3 P264390 A 13 6 Alberton East Alberton (T) Part covered by school buildings, structures and fenced-off grounds. ▼ 4 P264390 B 13 6 Alberton East Alberton (T) Part not covered by public works described in Entry A ▲ 5 P264391 14 6 Alberton East Alberton (T) Vesting of exclusive possession to Crown under legislation made before 31 October 1975. ▼ 6 P264392 15 6 Alberton East Alberton (T) Vesting of exclusive possession to Crown under legislation made before 31 October 1975. ▼ 7 P264393 16 6 Alberton East Alberton (T) Vesting of exclusive possession to Crown under legislation made before 31 October 1975. ▼ 8 P264394 17 6 Alberton East Alberton (T) Vesting of exclusive possession to Crown under legislation made before 31 October 1975. ▼ 9 P280659 15A Alberton East ▲ 10 P280660 A 17E Alberton East Part covered by Leongatha - Port Albert railway. ▼ 11 P280660 B 17E Alberton East Part not covered by public works described in Entry A ▲ 12 P280661 A 17F Alberton East Part covered by road. ▼ 13 P280661 B 17F Alberton East Part not covered by the public work listed in entry A. Extinguishment disregarded pursuant to s 47B NTA. ▲ 14 P280662 59F Alberton East ▲ 15 P280663 54 Alberton East ▲ 16 P280664 55 Alberton East ▲ 17 P280665 53A Alberton East ▲ 18 P280666 66E Alberton East ▲ 19 P280667 69A Alberton East ▲ 20 P280668 140A Alberton East ▲ 21 P280669 140B Alberton East ▲ 22 P280670 140C Alberton East ▲ 23 P280671 145A Alberton East ▲ 24 P280672 138A Alberton East ▲ 25 P280673 127A Alberton East ▲ 26 P280674 91B Alberton East ▲ 27 P280675 A 91C Alberton East Part covered by horse stalls, horse stables, water tank, shelter sheds, bar and food stall building. ▼ 28 P280675 B 91C Alberton East Part not covered by public works described in Entry A ▲ 29 P280676 75A Alberton East ▲ 30 P280677 86 Alberton East ▲ 31 P280678 82 Alberton East ▲ 32 P280679 83 Alberton East ▲ 33 P280680 86A Alberton East ▲ 34 P280681 84A Alberton East ▲ 35 P280682 4 A Alberton East Freehold Grant, made before 1 January 1994 ▼ 36 P280683 127B A Alberton East ▲ 37 P280684 50C Alberton East ▲ 38 P282074 10 11 Alberton East Port Albert (T) ▲ 39 P282075 8 11 Alberton East Port Albert (T) ▲ 40 P282076 12 1 Alberton East Port Albert (T) ▲ 41 P282079 14 18 Alberton East Port Albert (T) ▲ 42 P282080 2 10 Alberton East Port Albert (T) ▲ 43 P282081 1 7 Alberton East Port Albert (T) ▲ 44 P282082 10 7 Alberton East Port Albert (T) ▲ 45 P282083 2 11 Alberton East Port Albert (T) ▲ 46 P282084 4 11 Alberton East Port Albert (T) ▲ 47 P282085 5 11 Alberton East Port Albert (T) ▲ 48 P282091 9 11 Alberton East Port Albert (T) ▲ 49 P282092 3 11 Alberton East Port Albert (T) ▲ 50 P282095 24 1 Alberton East Alberton (T) ▲ 51 P282097 25 1 Alberton East Alberton (T) ▲ 52 P282099 4 10 Alberton East Alberton (T) ▲ 53 P282101 20 5 Alberton East Alberton (T) Prior Freehold Grant ▼ 54 P282102 1 5 Alberton East Alberton (T) ▲ 55 P282104 5 10 Alberton East Alberton (T) ▲ 56 P364772 4A A Alberton East ▲ 57 P368921 140C1 Alberton East ▲ 58 P368922 140A1 Alberton East ▲ 59 P375767 2002 Alberton East Extinguishment disregarded pursuant to s 47B NTA. ▲ 60 P375768 2003 Alberton East Extinguishment disregarded pursuant to s 47B NTA. ▲ 61 P375769 2004 Alberton East Extinguishment disregarded pursuant to s 47B NTA. ▲ 62 P375770 2005 Alberton East Extinguishment disregarded pursuant to s 47B NTA. ▲ 63 P375771 2006 Alberton East Extinguishment disregarded pursuant to s 47B NTA. ▲ 64 P375772 2007 Alberton East Extinguishment disregarded pursuant to s 47B NTA. ▲ 65 P375773 2008 Alberton East Extinguishment disregarded pursuant to s 47B NTA. ▲ 66 P375774 2009 Alberton East Extinguishment disregarded pursuant to s 47B NTA. ▲ 67 P375775 2010 Alberton East Extinguishment disregarded pursuant to s 47B NTA. ▲ 68 P375776 2011 Alberton East Extinguishment disregarded pursuant to s 47B NTA. ▲ 69 P375777 2012 Alberton East Extinguishment disregarded pursuant to s 47B NTA. ▲ 70 P375778 2013 Alberton East Extinguishment disregarded pursuant to s 47B NTA. ▲ 71 P280685 101G Alberton West ▲ 72 P280686 101F Alberton West ▲ 73 P280687 A 101E Alberton West Freehold Grant, made before 1 January 1994 ▼ 74 P280687 B 101E Alberton West ▲ 75 P280689 42F Alberton West ▲ 76 P280690 90A Alberton West ▲ 77 P280691 91A Alberton West ▲ 78 P280692 41C Alberton West ▲ 79 P280693 35D Alberton West ▲ 80 P280694 A 33E Alberton West Part covered by public hall. ▼ 81 P280694 B 33E Alberton West Part not covered by public works described in Entry A ▲ 82 P280696 87A Alberton West ▲ 83 P280697 2A 29 Alberton West ▲ 84 P280698 A 55C Alberton West Part covered by South Eastern Railway. ▼ 85 P280698 B 55C Alberton West Part not covered by public works described in Entry A ▲ 86 P280699 A 102 Alberton West Part covered by South Eastern Railway. ▼ 87 P280699 B 102 Alberton West Part not covered by public works described in Entry A ▲ 88 P280700 A 44A Alberton West Part covered by South Eastern Railway. ▼ 89 P280700 B 44A Alberton West Part not covered by public works described in Entry A ▲ 90 P280701 50A Alberton West ▲ 91 P280703 11 1 Alberton West ▲ 92 P280704 24C A Alberton West ▲ 93 P280705 27A A Alberton West ▲ 94 P280706 33C A Alberton West ▲ 95 P280707 A 33D A Alberton West Part covered by road. ▼ 96 P280707 B 33D A Alberton West Part not covered by the public work listed in entry A. Extinguishment disregarded pursuant to s 47B NTA. ▲ 97 P280708 33E A Alberton West ▲ 98 P280709 33F A Alberton West ▲ 99 P280710 19A A Alberton West ▲ 100 P280711 A 33B A Alberton West Part covered by road. ▼ 101 P280711 B 33B A Alberton West Part not covered by road described in entry A ▲ 102 P280712 A 29B A Alberton West Part covered by road.
Freehold Grant, made before 1 January 1994▼ 103 P280712 B 29B A Alberton West Part not covered by the interests described in entry A. ▲ 104 P282232 A 72B Alberton West Part covered by South Eastern Railway. ▼ 105 P282232 B 72B Alberton West Part not covered by public works described in Entry A ▲ 106 P365299 28A Alberton West ▲ 107 P365776 28A A Alberton West ▲ 108 P365777 29B2 A Alberton West ▲ 109 P367626 11C 1 Alberton West ▲ 110 P367627 11B 1 Alberton West ▲ 111 P367628 11A 1 Alberton West ▲ 112 P371982 2001 Alberton West Extinguishment disregarded pursuant to s 47B NTA. ▲ 113 P371983 2002 Alberton West Extinguishment disregarded pursuant to s 47B NTA. ▲ 114 P371984 2003 Alberton West Extinguishment disregarded pursuant to s 47B NTA. ▲ 115 P371985 2004 Alberton West Extinguishment disregarded pursuant to s 47B NTA. ▲ 116 P260053 17A A Allambee East ▲ 117 P260243 59A Allambee East ▲ 118 P260306 14B A Allambee East ▲ 119 P260307 A 14D A Allambee East Part covered by road, and prior freehold estate granted before 1 January 1994 (to the extent it overlaps with 1993 Reserve) ▼ 120 P260307 B 14D A Allambee East Part not covered by the interests listed in entry A. Extinguishment disregarded pursuant to s 47B. ▲ 121 P260308 14E A Allambee East ▲ 122 P260309 14F A Allambee East ▲ 123 P260310 14G A Allambee East ▲ 124 P260311 14H A Allambee East ▲ 125 P260312 59B Allambee East Part covered by road - whole. ▼ 126 P260313 59C Allambee East Part covered by road - whole. ▼ 127 P260374 19D Allambee East Freehold Grant, made before 1 January 1994 ▼ 128 P260375 19E Allambee East Freehold Grant, made before 1 January 1994
Part covered by road.▼ 129 P260378 8B Allambee East Freehold Grant, made before 1 January 1994 ▼ 130 P260381 7A A Allambee East Freehold Grant, made before 1 January 1994 ▼ 131 P260382 7B A Allambee East ▲ 132 P263360 91A Allambee East ▲ 133 P263364 123J Allambee East ▲ 134 P263370 39G Allambee East ▲ 135 P263372 13C Allambee East ▲ 136 P263373 41A Allambee East ▲ 137 P263376 112A Allambee East ▲ 138 P263378 A 84D Allambee East Freehold Grant, made before 1 January 1994 ▼ 139 P263378 B 84D Allambee East Part not covered by interest described in entry A ▲ 140 P263379 A 84C Allambee East Freehold Grant, made before 1 January 1994 ▼ 141 P263379 B 84C Allambee East Part not covered by interest described in entry A ▲ 142 P263383 12D Allambee East ▲ 143 P280716 78M Allambee East ▲ 144 P280717 78L Allambee East ▲ 145 P280720 99A Allambee East Freehold Grant, made before 1 January 1994 ▼ 146 P280722 103A Allambee East ▲ 147 P280723 123H Allambee East Freehold Grant, made before 1 January 1994 ▼ 148 P280724 109C Allambee East ▲ 149 P280726 32E Allambee East ▲ 150 P280729 82D Allambee East ▲ 151 P280732 87B Allambee East ▲ 152 P280737 80F Allambee East ▲ 153 P280739 101D Allambee East ▲ 154 P282347 101E Allambee East Freehold Grant, made before 1 January 1994 ▼ 155 P282348 A 122M Allambee East Freehold Grant, made before 1 January 1994 ▼ 156 P282348 B 122M Allambee East Part not covered by interest described in entry A ▲ 157 P366120 8D Allambee East Freehold Grant, made before 1 January 1994
Part covered by road.▼ 158 P366123 19F Allambee East Freehold Grant, made before 1 January 1994
Part covered by road.▼ 159 P368527 8C A Allambee East Freehold Grant, made before 1 January 1994 ▼ 160 P371376 2002 Allambee East Extinguishment disregarded pursuant to s 47B NTA. ▲ 161 P375802 2003 Allambee East ▲ 162 P320001 2C 1 Angora ▲ 163 P320002 2D 1 Angora ▲ 164 P320003 8B 1 Angora ▲ 165 P320004 11B 1 Angora Extinguishment disregarded pursuant to s 47B NTA. ▲ 166 P320005 11 1 Angora Extinguishment disregarded pursuant to s 47B NTA. ▲ 167 P320006 27B 1 Angora ▲ 168 P320007 11A 1 Angora Extinguishment disregarded pursuant to s 47B NTA. ▲ 169 P320008 27C 1 Angora ▲ 170 P320009 28 1 Angora ▲ 171 P322068 2E 1 Angora ▲ 172 P322069 2F 1 Angora ▲ 173 P322636 29 1 Angora ▲ 174 P367423 5B 1 Angora ▲ 175 P374465 2001 Angora ▲ 176 P262803 3 Arbuckle ▲ 177 P262804 2 Arbuckle ▲ 178 P320014 5A 124A Bairnsdale Bairnsdale (T) ▲ 179 P320016 A 1 69 Bairnsdale Bairnsdale (T) Part covered by toilets and dressing sheds. ▼ 180 P320016 B 1 69 Bairnsdale Bairnsdale (T) Part not covered by public works described in Entry A ▲ 181 P320017 1 80 Bairnsdale Bairnsdale (T) Freehold Grant, made before 1 January 1994 ▼ 182 P320018 A 84D Bairnsdale Bairnsdale (T) Part covered by State school buildings, structures and fenced-off grounds. Freehold Grant, made before 1 January 1994 ▼ 183 P320018 B 84D Bairnsdale Bairnsdale (T) Part not covered by interests listed in entry A ▲ 184 P320019 15A Bairnsdale Bairnsdale (T) ▲ 185 P320020 A 22A Bairnsdale Bairnsdale (T) Part covered by road. ▼ 186 P320020 B 22A Bairnsdale Bairnsdale (T) Part not covered by public works described in Entry A ▲ 187 P320021 2F 1 Bairnsdale Bairnsdale (T) Part covered by road - whole. ▼ 188 P320024 A 15 21 Bairnsdale Bairnsdale (T) Part covered by clubrooms and tennis courts. ▼ 189 P320024 B 15 21 Bairnsdale Bairnsdale (T) Part not covered by public works described in Entry A ▲ 190 P320025 A 12 21 Bairnsdale Bairnsdale (T) Part covered by a hall. ▼ 191 P320025 B 12 21 Bairnsdale Bairnsdale (T) Part not covered by public works described in Entry A ▲ 192 P320026 A 17 21 Bairnsdale Bairnsdale (T) Part covered by kindergarten buildings, structures and fixed playground equipment. ▼ 193 P320026 B 17 21 Bairnsdale Bairnsdale (T) Part not covered by public works described in Entry A ▲ 194 P320027 A 2B 1 Bairnsdale Bairnsdale (T) Part covered by caravan park buildings, fixed structures and roads. ▼ 195 P320027 B 2B 1 Bairnsdale Bairnsdale (T) Part not covered by public works described in Entry A ▲ 196 P320028 A 2D 1 Bairnsdale Bairnsdale (T) Part covered by caravan park buildings, fixed structures and roads. ▼ 197 P320028 B 2D 1 Bairnsdale Bairnsdale (T) Part not covered by public works described in Entry A ▲ 198 P320029 A 2C 1 Bairnsdale Bairnsdale (T) Part covered by caravan park buildings, structures and roads. ▼ 199 P320029 B 2C 1 Bairnsdale Bairnsdale (T) Part not covered by public works described in Entry A ▲ 200 P320030 A 2A 1 Bairnsdale Bairnsdale (T) Part covered by Police Station and North Gippsland School of Mines. ▼ 201 P320030 B 2A 1 Bairnsdale Bairnsdale (T) Part not covered by public works described in Entry A ▲ 202 P320032 A 5B 11 Bairnsdale Bairnsdale (T) Part covered by road. ▼ 203 P320032 B 5B 11 Bairnsdale Bairnsdale (T) Part not covered by the public work listed in entry A. Extinguishment disregarded pursuant to s 47B NTA. ▲ 204 P320033 A 3A 12 Bairnsdale Bairnsdale (T) Part covered by road. ▼ 205 P320033 B 3A 12 Bairnsdale Bairnsdale (T) Part not covered by the public work listed in entry A. Extinguishment disregarded pursuant to s 47B NTA. ▲ 206 P320034 A 2 2A Bairnsdale Bairnsdale (T) Part covered by the Bairnsdale Court House. ▼ 207 P320034 B 2 2A Bairnsdale Bairnsdale (T) Part not covered by public works described in Entry A ▲ 208 P320035 3 2A Bairnsdale Bairnsdale (T) Freehold Grant, made before 1 January 1994 ▼ 209 P320036 A 7 25 Bairnsdale Bairnsdale (T) Part covered by school buildings, structures and fenced-off grounds. . ▼ 210 P320036 B 7 25 Bairnsdale Bairnsdale (T) Part not covered by public works described in Entry A ▲ 211 P320039 11 21 Bairnsdale Bairnsdale (T) Prior Scheduled Interest, granted before 1 January 1994 ▼ 212 P320040 A 78A Bairnsdale Bairnsdale (T) Part covered by road. ▼ 213 P320040 B 78A Bairnsdale Bairnsdale (T) Part not covered by public works described in Entry A ▲ 214 P320042 A 16 Bairnsdale Bairnsdale (T) Part covered by swimming pool, kiosk and toilets. ▼ 215 P320042 B 16 Bairnsdale Bairnsdale (T) Part not covered by public works described in Entry A ▲ 216 P320043 21 21 Bairnsdale Bairnsdale (T) ▲ 217 P320044 37A Bairnsdale Bairnsdale (T) ▲ 218 P320045 37B Bairnsdale Bairnsdale (T) ▲ 219 P320046 7 B Bairnsdale Raymond Is.
at Bairnsdale▲ 220 P320047 29D A Bairnsdale Raymond Is.
at Bairnsdale▲ 221 P320048 29B A Bairnsdale Raymond Is.
at Bairnsdale▲ 222 P320049 29A A Bairnsdale Raymond Is.
at Bairnsdale▲ 223 P320050 27A C Bairnsdale Raymond Is.
at Bairnsdale▲ 224 P320051 31A C Bairnsdale Raymond Is.
at Bairnsdale▲ 225 P320052 16A D Bairnsdale Raymond Is.
at Bairnsdale▲ 226 P320053 21A C Bairnsdale Raymond Is.
at Bairnsdale▲ 227 P320054 5 D Bairnsdale Raymond Is.
at Bairnsdale▲ 228 P320067 44A C Bairnsdale Raymond Is.
at Bairnsdale▲ 229 P320068 54B C Bairnsdale Raymond Is.
at Bairnsdale▲ 230 P320072 57B C Bairnsdale Raymond Is.
at Bairnsdale▲ 231 P320073 45 B Bairnsdale Freehold Grant, made before 1 January 1994 ▼ 232 P320074 46 B Bairnsdale Extinguishment disregarded pursuant to s 47B NTA. ▲ 233 P320075 37A B Bairnsdale Extinguishment disregarded pursuant to s 47B NTA. ▲ 234 P320076 35 B Bairnsdale Extinguishment disregarded pursuant to s 47B NTA. ▲ 235 P320077 29A B Bairnsdale Extinguishment disregarded pursuant to s 47B NTA. ▲ 236 P320078 20 B Bairnsdale Extinguishment disregarded pursuant to s 47B NTA. ▲ 237 P320079 18A B Bairnsdale Extinguishment disregarded pursuant to s 47B NTA. ▲ 238 P320080 10B B Bairnsdale Extinguishment disregarded pursuant to s 47B NTA. ▲ 239 P320081 A 34A A Bairnsdale Prior Scheduled Interest, granted before 1 January 1994
Part covered by road.▼ 240 P320081 B 34A A Bairnsdale Part not covered by interests described in entry A ▲ 241 P320082 146H Bairnsdale ▲ 242 P320083 146J Bairnsdale ▲ 243 P320084 146E Bairnsdale ▲ 244 P320086 146F Bairnsdale ▲ 245 P320087 A 1F A Bairnsdale Part covered by road. ▼ 246 P320087 B 1F A Bairnsdale Part not covered by public works described in Entry A ▲ 247 P320088 184C Bairnsdale ▲ 248 P320089 78D Bairnsdale ▲ 249 P320090 141F Bairnsdale ▲ 250 P320091 257D Bairnsdale ▲ 251 P320092 243A Bairnsdale ▲ 252 P320094 150A Bairnsdale ▲ 253 P320095 141E Bairnsdale ▲ 254 P320096 141D1 Bairnsdale ▲ 255 P320097 141C Bairnsdale ▲ 256 P320098 140C Bairnsdale ▲ 257 P320099 164B Bairnsdale ▲ 258 P320100 A 147K Bairnsdale Part covered by road. ▼ 259 P320100 B 147K Bairnsdale Part not covered by public works described in Entry A ▲ 260 P320101 A 147M Bairnsdale Part covered by Yacht Club, and bitumen carparking. ▼ 261 P320101 B 147M Bairnsdale Part not covered by public works described in Entry A ▲ 262 P320102 147N Bairnsdale Freehold Grant, made before 1 January 1994 ▼ 263 P320103 147J Bairnsdale Freehold Grant, made before 1 January 1994 ▼ 264 P320699 19 21 Bairnsdale Bairnsdale (T) ▲ 265 P321055 A 6 2 Bairnsdale Raymond Island (T) Part covered by a toilet block. ▼ 266 P321055 B 6 2 Bairnsdale Raymond Island (T) Part not covered by public works described in Entry A ▲ 267 P321056 A 7 2 Bairnsdale Raymond Island (T) Part covered by a road and a waiting room (Raymond Island ferry). ▼ 268 P321056 B 7 2 Bairnsdale Raymond Island (T) Part not covered by public works described in Entry A ▲ 269 P321057 6 15 Bairnsdale Raymond Island (T) ▲ 270 P321058 3 17 Bairnsdale Raymond Island (T) ▲ 271 P321059 11A 4 Bairnsdale Raymond Island (T) ▲ 272 P321060 6 8 Bairnsdale Raymond Island (T) ▲ 273 P321061 7 8 Bairnsdale Raymond Island (T) ▲ 274 P321062 1A 3 Bairnsdale Raymond Island (T) ▲ 275 P321063 A 4 16 Bairnsdale Raymond Island (T) Part covered by CFA shed. ▼ 276 P321063 B 4 16 Bairnsdale Raymond Island (T) Part not covered by public works described in Entry A ▲ 277 P321217 27A Bairnsdale Paynesville (T) ▲ 278 P321218 1A Bairnsdale Paynesville (T) ▲ 279 P321219 16B Bairnsdale Paynesville (T) Part covered by road - whole. ▼ 280 P321220 10A Bairnsdale Paynesville (T) ▲ 281 P321221 28 Bairnsdale Paynesville (T) ▲ 282 P321222 27B Bairnsdale Paynesville (T) ▲ 283 P321921 30B A Bairnsdale Raymond Is. At Bairnsdale ▲ 284 P322090 11 5 Bairnsdale Bairnsdale (T) Freehold Grant, made before 1 January 1994 ▼ 285 P322099 147E Bairnsdale Freehold Grant, made before 1 January 1994 ▼ 286 P322170 21 C Bairnsdale Bairnsdale (T) Part covered by road - whole. ▼ 287 P322171 A 23B B Bairnsdale Bairnsdale (T) Part covered by sewage ponds . ▼ 288 P322171 B 23B B Bairnsdale Bairnsdale (T) Part not covered by public works described in Entry A ▲ 289 P322172 22B H Bairnsdale Bairnsdale (T) Freehold Grant, made before 1 January 1994 ▼ 290 P322177 1B A Bairnsdale Bairnsdale (T) ▲ 291 P322178 A 1C A Bairnsdale Bairnsdale (T) Part covered by the Eastern Railway. ▼ 292 P322178 B 1C A Bairnsdale Bairnsdale (T) Part not covered by public works described in Entry A ▲ 293 P322179 1A A Bairnsdale Bairnsdale (T) ▲ 294 P322180 19B B Bairnsdale Bairnsdale (T) Part covered by road - whole. ▼ 295 P322181 19D B Bairnsdale Bairnsdale (T) Prior Freehold Grant ▼ 296 P322182 19C B Bairnsdale Bairnsdale (T) Prior Freehold Grant ▼ 297 P322183 17A H Bairnsdale Bairnsdale (T) Extinguishment disregarded pursuant to s 47B NTA. ▲ 298 P322184 4C D Bairnsdale Bairnsdale (T) ▲ 299 P322192 8A H Bairnsdale Bairnsdale (T) Part covered by road - whole. ▼ 300 P322193 28 H Bairnsdale Bairnsdale (T) ▲ 301 P322194 18 C Bairnsdale Bairnsdale (T) Extinguishment disregarded pursuant to s 47B NTA. ▲ 302 P322197 3A D Bairnsdale Bairnsdale (T) ▲ 303 P322198 87B Bairnsdale Bairnsdale (T) Freehold Grant, made before 1 January 1994 ▼ 304 P322200 17B H Bairnsdale Bairnsdale (T) Part covered by road - whole. ▼ 305 P322201 2A H Bairnsdale Bairnsdale (T) Extinguishment disregarded pursuant to s 47B NTA. ▲ 306 P322202 5A B Bairnsdale Bairnsdale (T) Freehold Grant, made before 1 January 1994 ▼ 307 P322203 15A B Bairnsdale Bairnsdale (T) Freehold Grant, made before 1 January 1994
Part covered by road.▼ 308 P322236 A 165C Bairnsdale Part covered by road. ▼ 309 P322236 B 165C Bairnsdale Part not covered by the public work listed in entry A. Extinguishment disregarded pursuant to s 47B NTA. ▲ 310 P322330 1E A Bairnsdale Freehold Grant, made before 1 January 1994 ▼ 311 P322371 11B 4 Bairnsdale Raymond Island (T) ▲ 312 P322415 1A H Bairnsdale Bairnsdale (T) Extinguishment disregarded pursuant to s 47B NTA. ▲ 313 P322616 22C H Bairnsdale Bairnsdale (T) Extinguishment disregarded pursuant to s 47B NTA. ▲ 314 P322680 2A 5 Bairnsdale Bairnsdale (T) Freehold Grant, made before 1 January 1994 ▼ 315 P322687 A 147D Bairnsdale Part covered by Paynesville Boat Yard. ▼ 316 P322687 B 147D Bairnsdale Part not covered by public works described in Entry A ▲ 317 P322688 147F Bairnsdale ▲ 318 P363489 36C B Bairnsdale Freehold Grant, made before 1 January 1994 ▼ 319 P365305 1C1 A Bairnsdale Part covered by road.
Part covered by freehold estate granted before 1 January 1994▼ 320 P365306 1C2 A Bairnsdale Extinguishment disregarded pursuant to s 47B NTA. ▲ 321 P366153 A 2E 1 Bairnsdale Bairnsdale (T) Part covered by road. ▼ 322 P366153 B 2E 1 Bairnsdale Bairnsdale (T) Part not covered by the public work listed in entry A. Extinguishment disregarded pursuant to s 47B NTA. ▲ 323 P366391 A 5C 11 Bairnsdale Bairnsdale (T) Part covered by road. ▼ 324 P366391 B 5C 11 Bairnsdale Bairnsdale (T) Part not covered by the public work listed in entry A. Extinguishment disregarded pursuant to s 47B NTA. ▲ 325 P366694 5A 2 Bairnsdale Raymond Island (T) Freehold Grant, made before 1 January 1994 ▼ 326 P367088 19E B Bairnsdale Bairnsdale (T) Freehold Grant, made before 1 January 1994 ▼ 327 P367287 55A C Bairnsdale Raymond Is.
at Bairnsdale▲ 328 P367288 49A C Bairnsdale Raymond Is.
at Bairnsdale▲ 329 P367289 48A C Bairnsdale Raymond Is.
at Bairnsdale▲ 330 P367290 43A C Bairnsdale Raymond Is.
at Bairnsdale▲ 331 P367291 40A C Bairnsdale Raymond Is.
at Bairnsdale▲ 332 P367384 A 2G 1 Bairnsdale Bairnsdale (T) Part covered by road. ▼ 333 P367384 B 2G 1 Bairnsdale Bairnsdale (T) Part not covered by public works described in Entry A ▲ 334 P367385 A 2H 1 Bairnsdale Bairnsdale (T) Part covered by the North Gippsland School of Mines building. ▼ 335 P367385 B 2H 1 Bairnsdale Bairnsdale (T) Part not covered by public works described in Entry A ▲ 336 P369492 2002 Bairnsdale Bairnsdale (T) Freehold Grant, made before 1 January 1994 ▼ 337 P370119 2001 Bairnsdale Extinguishment disregarded pursuant to s 47B NTA. ▲ 338 P372656 2004 Bairnsdale Bairnsdale (T) Freehold Grant, made before 1 January 1994 ▼ 339 P374370 2007 Bairnsdale Bairnsdale (T) ▲ 340 P374409 141D Bairnsdale ▲ 341 P374410 2004 Bairnsdale ▲ 342 P374411 257G Bairnsdale ▲ 343 P374459 2005 Bairnsdale ▲ 344 P374460 A 147G Bairnsdale Part covered by asphalt car parks and roads, jetty and Marina infrastructure. ▼ 345 P374460 B 147G Bairnsdale Part not covered by public works described in Entry A ▲ 346 P374461 164C Bairnsdale Extinguishment disregarded pursuant to s 47B NTA. ▲ 347 P374462 Bairnsdale ▲ 348 P374552 2002 Bairnsdale ▲ 349 P374974 2010 Bairnsdale Bairnsdale (T) ▲ 350 P374975 A 2011 Bairnsdale Bairnsdale (T) Part covered by road. ▼ 351 P374975 B 2011 Bairnsdale Bairnsdale (T) Part not covered by the public work listed in entry A. Extinguishment disregarded pursuant to s 47B NTA. ▲ 352 P375252 2001 Bairnsdale Raymond Is.
at BairnsdaleExtinguishment disregarded pursuant to s 47B NTA. ▲ 353 P376390 A 2009 Bairnsdale Bairnsdale (T) Part covered by road. ▼ 354 P376390 B 2009 Bairnsdale Bairnsdale (T) Part not covered by public works described in Entry A ▲ 355 P379116 2007 Bairnsdale Part covered by road - whole. ▼ 356 P379373 2008 Bairnsdale ▲ 357 P379381 A 2014 Bairnsdale Part covered by road. ▼ 358 P379381 B 2014 Bairnsdale Part not covered by public works described in Entry A ▲ 359 P264387 52C Balloong ▲ 360 P264388 52E Balloong ▲ 361 P280740 A 18F 2 Balloong Part covered by surf club building, caravan park buildings, fixed structures and roads, toilets and fixed structures. ▼ 362 P280740 B 18F 2 Balloong Part not covered by public works described in Entry A ▲ 363 P280742 18H 2 Balloong ▲ 364 P280743 19G 2 Balloong ▲ 365 P280744 19H 2 Balloong ▲ 366 P280745 53C Balloong ▲ 367 P280746 52D Balloong ▲ 368 P282308 52F Balloong Extinguishment disregarded pursuant to s 47B NTA. ▲ 369 P282309 17A4 2 Balloong Extinguishment disregarded pursuant to s 47B NTA. ▲ 370 P282310 20B7 2 Balloong Extinguishment disregarded pursuant to s 47B NTA. ▲ 371 P282316 18K 2 Balloong ▲ 372 P282317 18J 2 Balloong Prior Scheduled Interest, granted before 1 January 1994 ▼ 373 P282340 53B Balloong Freehold Grant, made before 1 January 1994 ▼ 374 P374515 2002 Balloong ▲ 375 P374516 2003 Balloong ▲ 376 P374517 2004 Balloong ▲ 377 P374520 2001 Balloong ▲ 378 P374521 2005 Balloong ▲ 379 P262997 4 Barroworn ▲ 380 P262999 2 Barroworn ▲ 381 P263000 1 Barroworn ▲ 382 P262935 1 Baw Baw ▲ 383 P262936 2 Baw Baw ▲ 384 P262937 3 Baw Baw Part covered by Thompson Dam (including walls, spillways, earthworks, road access, towers) - whole ▼ 385 P262938 4 Baw Baw Part covered by Thompson Dam (including walls, spillways, earthworks, road access, towers) - whole ▼ 386 P262939 5 Baw Baw Part covered by Thompson Dam (including walls, spillways, earthworks, road access, towers) - whole ▼ 387 P262940 6 Baw Baw ▲ 388 P262942 8 Baw Baw ▲ 389 P263887 7 Baw Baw ▲ 390 P368155 2A Baw Baw ▲ 391 P262957 A 4 A1 Bemboka Part covered by public works, being the cemetery grounds and infrastructure ▼ 392 P262957 B 4 A1 Bemboka Part not covered by public works described in Entry A ▲ 393 P262958 1 A1 Bemboka ▲ 394 P262959 2 A1 Bemboka ▲ 395 P262960 3 A1 Bemboka ▲ 396 P262961 6 D Bemboka ▲ 397 P262962 1 E Bemboka ▲ 398 P262963 2 E Bemboka ▲ 399 P262964 3 E Bemboka ▲ 400 P262965 4 E Bemboka ▲ 401 P262966 5 E Bemboka ▲ 402 P262967 6 E Bemboka ▲ 403 P262968 7 E Bemboka ▲ 404 P262969 7 F Bemboka ▲ 405 P262970 6 F Bemboka ▲ 406 P262971 5 F Bemboka ▲ 407 P262972 4 F Bemboka ▲ 408 P262974 2 F Bemboka ▲ 409 P262975 1 F Bemboka ▲ 410 P262976 6 C Bemboka ▲ 411 P262977 5 C Bemboka ▲ 412 P262978 1 C Bemboka ▲ 413 P262979 3 B Bemboka ▲ 414 P262980 1 B Bemboka ▲ 415 P262981 2 B Bemboka ▲ 416 P262988 5 A Bemboka ▲ 417 P262989 4 A Bemboka ▲ 418 P264208 2 A Bemboka ▲ 419 P373546 6 A Bemboka ▲ 420 P373547 7 A Bemboka ▲ 421 P373548 2001 A Bemboka ▲ 422 P373551 2002 A Bemboka ▲ 423 P373552 1 A Bemboka ▲ 424 P320127 2B 2 Bengworden ▲ 425 P320128 2A 2 Bengworden ▲ 426 P320129 2D 2 Bengworden ▲ 427 P320130 2C 2 Bengworden ▲ 428 P320131 A 16D 1 Bengworden Part covered by road. ▼ 429 P320131 B 16D 1 Bengworden Part not covered by the public work listed in entry A. Extinguishment disregarded pursuant to s 47B NTA. ▲ 430 P320132 2001 1 Bengworden Prior Freehold Grant ▼ 431 P320133 9B 1 Bengworden ▲ 432 P320134 A 16F 1 Bengworden Part covered by road. ▼ 433 P320134 B 16F 1 Bengworden Part not covered by road described in entry A ▲ 434 P320135 A 1D 1 Bengworden Part covered by road. ▼ 435 P320135 B 1D 1 Bengworden Part not covered by road described in entry A ▲ 436 P320136 17A 4 Bengworden ▲ 437 P320137 16A 3 Bengworden ▲ 438 P320138 6A 4 Bengworden ▲ 439 P320139 1A 4 Bengworden ▲ 440 P320140 5B 4 Bengworden ▲ 441 P320141 7B 5 Bengworden ▲ 442 P321919 32B 1 Bengworden ▲ 443 P321920 32A 1 Bengworden ▲ 444 P322368 16E 1 Bengworden ▲ 445 P363942 17 3 Bengworden ▲ 446 P379591 2002 Bengworden Extinguishment disregarded pursuant to s 47B NTA. ▲ 447 P261981 7 13 Bengworden South ▲ 448 P261982 4 10 Bengworden South ▲ 449 P261983 6 13 Bengworden South ▲ 450 P261984 2 6 Bengworden South ▲ 451 P261985 1C 19 Bengworden South ▲ 452 P261987 4 4 Bengworden South ▲ 453 P261988 6 5 Bengworden South ▲ 454 P261989 2A 14 Bengworden South ▲ 455 P261990 A 8B 14 Bengworden South Part covered by boat ramp, wharf and asphalt car park. ▼ 456 P261990 B 8B 14 Bengworden South Part not covered by public works described in Entry A ▲ 457 P261991 A 8A 14 Bengworden South Part covered by toilet block, wharf, asphalt car park and boat ramp. ▼ 458 P261991 B 8A 14 Bengworden South Part not covered by public works described in Entry A ▲ 459 P261992 7A 14 Bengworden South ▲ 460 P261993 5A 14 Bengworden South ▲ 461 P261994 7B 14 Bengworden South ▲ 462 P261995 3A 20 Bengworden South ▲ 463 P261996 2B 20 Bengworden South ▲ 464 P261997 2A 20 Bengworden South ▲ 465 P261998 1A 20 Bengworden South ▲ 466 P261999 1G 2 Bengworden South ▲ 467 P262000 1A 1 Bengworden South ▲ 468 P262001 6 17 Bengworden South ▲ 469 P262002 2 16 Bengworden South ▲ 470 P264207 3A 17 Bengworden South ▲ 471 P363855 5A 19 Bengworden South ▲ 472 P365638 4A 14 Bengworden South ▲ 473 P365640 4B 14 Bengworden South ▲ 474 P365693 3C 19 Bengworden South ▲ 475 P367603 5 20 Bengworden South ▲ 476 P369469 1D 13 Bengworden South ▲ 477 P375713 2001 Bengworden South ▲ 478 P322557 25 A Bete Bolong North ▲ 479 P340816 4 A Bete Bolong North ▲ 480 P340817 5 A Bete Bolong North ▲ 481 P340818 6 A Bete Bolong North ▲ 482 P340819 7 A Bete Bolong North ▲ 483 P340820 10 A Bete Bolong North ▲ 484 P340821 10A A Bete Bolong North ▲ 485 P340822 11 A Bete Bolong North Extinguishment disregarded pursuant to s 47B NTA. ▲ 486 P340823 13 A Bete Bolong North ▲ 487 P340824 13A A Bete Bolong North ▲ 488 P340825 14A A Bete Bolong North ▲ 489 P340826 14B A Bete Bolong North ▲
6944 P262477 14B4 C Wulla Wullock Extinguishment disregarded pursuant to s 47B NTA. ▲ 6945 P262478 14B2 C Wulla Wullock Extinguishment disregarded pursuant to s 47B NTA. ▲ 6946 P262479 14A4 C Wulla Wullock Extinguishment disregarded pursuant to s 47B NTA. ▲ 6947 P262480 14A3 C Wulla Wullock Extinguishment disregarded pursuant to s 47B NTA. ▲ 6948 P263485 16D1 C Wulla Wullock Extinguishment disregarded pursuant to s 47B NTA. ▲ 6949 P263486 16D2 C Wulla Wullock Extinguishment disregarded pursuant to s 47B NTA. ▲ 6950 P263550 8 B Wulla Wullock Prior Scheduled Interest, granted before 1 January 1994 ▼ 6951 P263621 15A4 C Wulla Wullock Extinguishment disregarded pursuant to s 47B NTA. ▲ 6952 P264026 53D C Wulla Wullock Freehold Grant, made before 1 January 1994 ▼ 6953 P372977 16D3 C Wulla Wullock Extinguishment disregarded pursuant to s 47B NTA. ▲ 6954 P372978 14A6 C Wulla Wullock Extinguishment disregarded pursuant to s 47B NTA. ▲ 6955 P372979 14B6 C Wulla Wullock Extinguishment disregarded pursuant to s 47B NTA. ▲ 6956 P372980 14C7 C Wulla Wullock Extinguishment disregarded pursuant to s 47B NTA. ▲ 6957 P372981 14D6 C Wulla Wullock Extinguishment disregarded pursuant to s 47B NTA. ▲ 6958 P372982 14D7 C Wulla Wullock Extinguishment disregarded pursuant to s 47B NTA. ▲ 6959 P372983 15B6 C Wulla Wullock Extinguishment disregarded pursuant to s 47B NTA. ▲ 6960 P372984 15F6 C Wulla Wullock Extinguishment disregarded pursuant to s 47B NTA. ▲ 6961 P260089 22 C Wurruk Wurruk Kilmany (T) Freehold Grant, made before 1 January 1994 ▼ 6962 P260274 39C B Wurruk Wurruk Freehold Grant, made before 1 January 1994 ▼ 6963 P261401 6A A Wurruk Wurruk Operating Railway ▼ 6964 P261402 2B A Wurruk Wurruk ▲ 6965 P261403 2002 Wurruk Wurruk ▲ 6966 P261404 9C A Wurruk Wurruk ▲ 6967 P261405 13B Wurruk Wurruk Extinguishment disregarded pursuant to s 47B NTA. ▲ 6968 P261406 61B B Wurruk Wurruk Extinguishment disregarded pursuant to s 47B NTA. ▲ 6969 P261408 60A B Wurruk Wurruk Extinguishment disregarded pursuant to s 47B NTA. ▲ 6970 P261409 60B B Wurruk Wurruk Extinguishment disregarded pursuant to s 47B NTA. ▲ 6971 P261410 57A B Wurruk Wurruk Extinguishment disregarded pursuant to s 47B NTA. ▲ 6972 P261411 33A B Wurruk Wurruk Extinguishment disregarded pursuant to s 47B NTA. ▲ 6973 P261412 44C B Wurruk Wurruk Extinguishment disregarded pursuant to s 47B NTA. ▲ 6974 P261413 41B B Wurruk Wurruk Extinguishment disregarded pursuant to s 47B NTA. ▲ 6975 P261414 21A D Wurruk Wurruk ▲ 6976 P261415 2C A Wurruk Wurruk ▲ 6977 P261416 2001 Wurruk Wurruk ▲ 6978 P261417 8B B Wurruk Wurruk ▲ 6979 P262733 12B 9 Wurruk Wurruk Wurruk (T) ▲ 6980 P262734 2 7 Wurruk Wurruk Wurruk (T) Operating Railway ▼ 6981 P262735 A 10 5 Wurruk Wurruk Wurruk (T) Part covered by school buildings, structures and fenced-off grounds. ▼ 6982 P262735 B 10 5 Wurruk Wurruk Wurruk (T) Part not covered by public works described in Entry A ▲ 6983 P262736 A 11 5 Wurruk Wurruk Wurruk (T) Part covered by school buildings, structures and fenced-off grounds. ▼ 6984 P262736 B 11 5 Wurruk Wurruk Wurruk (T) Part not covered by public works described in Entry A ▲ 6985 P262737 A 9 5 Wurruk Wurruk Wurruk (T) Part covered by school buildings, structures and fenced-off grounds. ▼ 6986 P262737 B 9 5 Wurruk Wurruk Wurruk (T) Part not covered by public works described in Entry A ▲ 6987 P262738 A 8 5 Wurruk Wurruk Wurruk (T) Part covered by school buildings, structures and fenced-off grounds. ▼ 6988 P262738 B 8 5 Wurruk Wurruk Wurruk (T) Part not covered by public works described in Entry A ▲ 6989 P262739 A 7 5 Wurruk Wurruk Wurruk (T) Part covered by school buildings, structures and fenced-off grounds. ▼ 6990 P262739 B 7 5 Wurruk Wurruk Wurruk (T) Part not covered by public works described in Entry A ▲ 6991 P262741 4D A Wurruk Wurruk Wurruk (T) ▲ 6992 P263667 20B D Wurruk Wurruk Exclusive possession lease (excluding mining), granted before 1 January 1994 ▼ 6993 P263729 12A 9 Wurruk Wurruk Wurruk (T) Extinguishment disregarded pursuant to s 47B NTA. ▲ 6994 P263784 11A Wurruk Wurruk Operating Railway ▼ 6995 P368957 60C B Wurruk Wurruk Operating Railway ▼ 6996 P368958 A 60D B Wurruk Wurruk Part covered by road. ▼ 6997 P368958 B 60D B Wurruk Wurruk Part not covered by the public work listed in entry A. Extinguishment disregarded pursuant to s 47B NTA. ▲ 6998 P368959 26C B Wurruk Wurruk Extinguishment disregarded pursuant to s 47B NTA. ▲ 6999 P368960 A 14B Wurruk Wurruk Part covered by the following public works: an operating railway and level crossing.
Part covered by road.▼ 7000 P368960 B 14B Wurruk Wurruk Part not covered by the public work listed in entry A. Extinguishment disregarded pursuant to s 47B NTA. ▲ 7001 P262799 1 Wurutwun ▲ 7002 P262800 2 Wurutwun ▲ 7003 P262801 3 Wurutwun ▲ 7004 P262802 4 Wurutwun ▲ 7005 P264300 6 Wurutwun ▲ 7006 P264301 6A Wurutwun ▲ 7007 P321382 13F 4 Wy-Yung ▲ 7008 P321383 13G 4 Wy-Yung ▲ 7009 P321384 13K 4 Wy-Yung Freehold Grant, made before 1 January 1994 ▼ 7010 P321385 7 4 Wy-Yung Extinguishment disregarded pursuant to s 47B NTA. ▲ 7011 P321386 112A Wy-Yung Freehold Grant, made before 1 January 1994
Prior Scheduled Interest, granted before 1 January 1994▼ 7012 P321387 53G Wy-Yung ▲ 7013 P321388 A 114D Wy-Yung Freehold Grant, made before 1 January 1994
Prior Scheduled Interest, granted before 1 January 1994▼ 7014 P321388 B 114D Wy-Yung Part not covered by interests described in entry A ▲ 7015 P321389 111A Wy-Yung ▲ 7016 P321390 108 Wy-Yung Extinguishment disregarded pursuant to s 47B NTA. ▼ 7017 P321391 102C Wy-Yung ▲ 7018 P321392 109A Wy-Yung Extinguishment disregarded pursuant to s 47B NTA. ▲ 7019 P321393 102G Wy-Yung ▲ 7020 P321394 109B Wy-Yung Extinguishment disregarded pursuant to s 47B NTA. ▲ 7021 P321395 102D Wy-Yung ▲ 7022 P321396 102E Wy-Yung ▲ 7023 P321397 102F Wy-Yung ▲ 7024 P321398 102B Wy-Yung ▲ 7025 P321400 15B 4 Wy-Yung ▲ 7026 P321401 13L 4 Wy-Yung ▲ 7027 P321402 2C 4 Wy-Yung ▲ 7028 P321403 2B 4 Wy-Yung ▲ 7029 P321404 101C Wy-Yung Prior Scheduled Interest, granted before 1 January 1994 ▼ 7030 P321405 2A 4 Wy-Yung ▲ 7031 P321406 7B 6 Wy-Yung ▲ 7032 P321407 A 7A1 Wy-Yung Part covered by road. ▼ 7033 P321407 B 7A1 Wy-Yung Part not covered by the public work listed in entry A. Extinguishment disregarded pursuant to s 47B NTA. ▲ 7034 P321408 106C Wy-Yung ▲ 7035 P321409 21D 5 Wy-Yung ▲ 7036 P321410 8F Wy-Yung ▲ 7037 P321411 8G Wy-Yung ▲ 7038 P321412 58C Wy-Yung Part covered by road - whole. ▼ 7039 P321413 A 88C Wy-Yung Part covered by metal deck control room and toilet. ▼ 7040 P321413 B 88C Wy-Yung Part not covered by public works described in Entry A ▲ 7041 P321414 A 16D Wy-Yung Part covered by Mechanics' Institute. ▼ 7042 P321414 B 16D Wy-Yung Part not covered by public works described in Entry A ▲ 7043 P321415 A 8A 5 Wy-Yung Part covered by road. ▼ 7044 P321415 B 8A 5 Wy-Yung Part not covered by the public work listed in entry A. Extinguishment disregarded pursuant to s 47B NTA. ▲ 7045 P321416 16C Wy-Yung ▲ 7046 P321417 15C 4 Wy-Yung ▲ 7047 P321419 10A1 C Wy-Yung ▲ 7048 P321420 6G Wy-Yung ▲ 7049 P321422 21A 5 Wy-Yung ▲ 7050 P321423 A 20A 5 Wy-Yung Part covered by a radio station. ▼ 7051 P321423 B 20A 5 Wy-Yung Part not covered by public works described in Entry A ▲ 7052 P321424 21C 5 Wy-Yung Freehold Grant, made before 1 January 1994 ▼ 7053 P321425 13 C Wy-Yung ▲ 7054 P321426 13D C Wy-Yung ▲ 7055 P321427 16C C Wy-Yung ▲ 7056 P321428 16B C Wy-Yung ▲ 7057 P321429 107 Wy-Yung ▲ 7058 P321430 12E C Wy-Yung ▲ 7059 P321431 12D C Wy-Yung ▲ 7060 P321432 20B 5 Wy-Yung Freehold Grant, made before 1 January 1994 ▼ 7061 P321433 A 21B 5 Wy-Yung Freehold Grant, made before 1 January 1994 ▼ 7062 P321433 B 21B 5 Wy-Yung Part not covered by interest described in entry A ▲ 7063 P321434 21 5 Wy-Yung ▲ 7064 P321435 106B Wy-Yung Prior Scheduled Interest, granted before 1 January 1994 ▼ 7065 P321436 18 7 Wy-Yung ▲ 7066 P321437 106A Wy-Yung Prior Scheduled Interest, granted before 1 January 1994 ▼ 7067 P321438 107C Wy-Yung ▲ 7068 P321439 106D Wy-Yung ▲ 7069 P321440 107B Wy-Yung ▲ 7070 P321441 66A Wy-Yung ▲ 7071 P321442 65N1 Wy-Yung ▲ 7072 P321444 27C 4 Wy-Yung ▲ 7073 P321445 1C 4 Wy-Yung ▲ 7074 P321446 1B 4 Wy-Yung ▲ 7075 P321447 1A 4 Wy-Yung ▲ 7076 P321448 A 16G 4 Wy-Yung Part covered by community hall. ▼ 7077 P321448 B 16G 4 Wy-Yung Part not covered by public works described in Entry A ▲ 7078 P321608 58D Wy-Yung Part covered by road - whole. ▼ 7079 P321790 A6 A Wy-Yung Lucknow (T) ▲ 7080 P321791 A8 A Wy-Yung Lucknow (T) Part covered by road - whole. ▼ 7081 P321792 A A7 A Wy-Yung Lucknow (T) Part covered by fixed playground equipment, toilets and asphalt car park ▼ 7082 P321792 B A7 A Wy-Yung Lucknow (T) Part not covered by public works described in Entry A ▲ 7083 P321793 A A15 A Wy-Yung Lucknow (T) Part covered by the Bairnsdale to Orbost Railway. ▼ 7084 P321793 B A15 A Wy-Yung Lucknow (T) Part not covered by public works described in Entry A ▲ 7085 P321794 A14 A Wy-Yung Lucknow (T) Part of the Bairnsdale to Orbost Railway
Freehold Grant, made before 1 January 1994▼ 7086 P321795 A A10 A Wy-Yung Lucknow (T) Part covered by brick toilets ▼ 7087 P321795 B A10 A Wy-Yung Lucknow (T) Part not covered by public work described in Entry A ▲ 7088 P321796 A A13 A Wy-Yung Lucknow (T) Part covered by road. ▼ 7089 P321796 B A13 A Wy-Yung Lucknow (T) Part not covered by the public work listed in entry A. Extinguishment disregarded pursuant to s 47B NTA. ▲ 7090 P321797 A12 A Wy-Yung Lucknow (T) ▲ 7091 P321798 A A17 A Wy-Yung Lucknow (T) Part covered by brick bowling club, bowling green, tennis courts and asphalt car park.
Freehold Grant, made before 1 January 1994
Part covered by road.▼ 7092 P321798 B A17 A Wy-Yung Lucknow (T) Part not covered by public works described in Entry A ▲ 7093 P321799 A2 Wy-Yung Lucknow (T) Freehold Grant, made before 1 January 1994 ▼ 7094 P321801 A 6B 31 Wy-Yung Lucknow (T) Part covered by road. ▼ 7095 P321801 B 6B 31 Wy-Yung Lucknow (T) Part not covered by the public work listed in entry A. Extinguishment disregarded pursuant to s 47B NTA. ▲ 7096 P322169 27D Wy-Yung Lucknow (T) ▲ 7097 P322270 14B 1 Wy-Yung Freehold Grant, made before 1 January 1994 ▼ 7098 P322304 92A Wy-Yung ▲ 7099 P322600 11A C Wy-Yung ▲ 7100 P322691 34C1 Wy-Yung Lucknow (T) ▲ 7101 P322729 88E Wy-Yung ▲ 7102 P363488 32B1 Wy-Yung Lucknow (T) Extinguishment disregarded pursuant to s 47B NTA. ▲ 7103 P367414 A11 A Wy-Yung Lucknow (T) Extinguishment disregarded pursuant to s 47B NTA. ▲ 7104 P367682 20D 5 Wy-Yung ▲ 7105 P374454 14D 1 Wy-Yung ▲ 7106 P374466 2001 Wy-Yung Lucknow (T) Freehold Grant, made before 1 January 1994 ▼ 7107 P375253 2002 Wy-Yung Lucknow (T) Extinguishment disregarded pursuant to s 47B NTA. ▲ 7108 P379382 2004 Wy-Yung Lucknow (T) ▲ 7109 P320358 A 12B Yambulla Part covered by road. ▼ 7110 P320358 B 12B Yambulla Part not covered by the public work listed in entry A. ▲ 7111 P320465 18F Yambulla ▲ 7112 P320502 A 13 Yambulla Part covered by road. ▼ 7113 P320502 B 13 Yambulla Part not covered by public works described in Entry A ▲ 7114 P320510 13B Yambulla ▲ 7115 P320902 23 Yambulla Extinguishment disregarded pursuant to s 47B NTA. ▲ 7116 P320997 5A A Yambulla Stirling (T) ▲ 7117 P320998 5 A Yambulla Stirling (T) ▲ 7118 P320999 1A A Yambulla Stirling (T) ▲ 7119 P321000 1 A Yambulla Stirling (T) Prior Freehold Grant ▼ 7120 P321363 20B Yambulla ▲ 7121 P321364 21 Yambulla ▲ 7122 P321365 24 Yambulla ▲ 7123 P321366 23A Yambulla ▲ 7124 P321367 15 Yambulla ▲ 7125 P262217 16 Yangoura ▲ 7126 P262218 7A Yangoura ▲ 7127 P260368 2D 3 Yarragon Westbury (T) Part covered by road - whole. ▼ 7128 P260417 A 15D Yarragon Part covered by grand stand, club rooms, fitness centre buildings, toilets, and netball courts ▼ 7129 P260417 B 15D Yarragon Part not covered by public works described in Entry A ▲ 7130 P260418 15C Yarragon Freehold Grant, made before 1 January 1994 ▼ 7131 P260420 29A B Yarragon ▲ 7132 P260424 22A A Yarragon ▲ 7133 P260425 26A A Yarragon ▲ 7134 P260426 53H Yarragon ▲ 7135 P260427 67E Yarragon ▲ 7136 P260428 50F Yarragon ▲ 7137 P260430 5D Yarragon ▲ 7138 P260431 73L Yarragon ▲ 7139 P260432 58B Yarragon ▲ 7140 P260433 11J Yarragon ▲ 7141 P260434 3B Yarragon ▲ 7142 P260435 A 30 Yarragon Part covered by spectator mounds/stands, netball courts, basketball court, bowls and croquet greens, pavillions, kiosk, changing rooms, fixed playground equipment. ▼ 7143 P260435 B 30 Yarragon Part not covered by public works described in Entry A ▲ 7144 P260436 9A F Yarragon ▲ 7145 P260437 A 1 E Yarragon Part covered by a public hall. ▼ 7146 P260437 B 1 E Yarragon Part not covered by public works described in Entry A ▲ 7147 P260440 10E F Yarragon ▲ 7148 P260444 21B F Yarragon ▲ 7149 P260446 17A E Yarragon ▲ 7150 P260448 33A D Yarragon ▲ 7151 P261422 A 18B 13 Yarragon Moe (T) Part covered by a Girl Guides hall. ▼ 7152 P261422 B 18B 13 Yarragon Moe (T) Part not covered by public works described in Entry A ▲ 7153 P261423 18C 13 Yarragon Moe (T) ▲ 7154 P261424 A 18D 13 Yarragon Moe (T) Part covered by a child care facility, structures and fenced-off grounds. ▼ 7155 P261424 B 18D 13 Yarragon Moe (T) Part not covered by public works described in Entry A ▲ 7156 P261425 A 5 4 Yarragon Moe (T) Part covered by school buildings, structures and fenced-off grounds. ▼ 7157 P261425 B 5 4 Yarragon Moe (T) Part not covered by public works described in Entry A ▲ 7158 P261426 A 6 4 Yarragon Moe (T) Part covered by school buildings, structures and fenced-off grounds. ▼ 7159 P261426 B 6 4 Yarragon Moe (T) Part not covered by public works described in Entry A ▲ 7160 P261427 A 7 4 Yarragon Moe (T) Part covered by school buildings, structures and fenced-off grounds. ▼ 7161 P261427 B 7 4 Yarragon Moe (T) Part not covered by public works described in Entry A ▲ 7162 P261434 A 10 4 Yarragon Moe (T) Part covered by school buildings, structures and fenced-off grounds. ▼ 7163 P261434 B 10 4 Yarragon Moe (T) Part not covered by public works described in Entry A ▲ 7164 P261435 A 9 4 Yarragon Moe (T) Part covered by school buildings, structures and fenced-off grounds. ▼ 7165 P261435 B 9 4 Yarragon Moe (T) Part not covered by public works described in Entry A ▲ 7166 P261436 A 8 4 Yarragon Moe (T) Part covered by school buildings, structures and fenced-off grounds. ▼ 7167 P261436 B 8 4 Yarragon Moe (T) Part not covered by public works described in Entry A ▲ 7168 P261437 A 14 4 Yarragon Moe (T) Part covered by school buildings, structures and fenced-off grounds. ▼ 7169 P261437 B 14 4 Yarragon Moe (T) Part not covered by public works described in Entry A ▲ 7170 P261438 A 13 4 Yarragon Moe (T) Part covered by school buildings, structures and fenced-off grounds. ▼ 7171 P261438 B 13 4 Yarragon Moe (T) Part not covered by public works described in Entry A ▲ 7172 P261439 A 12 4 Yarragon Moe (T) Part covered by school buildings, structures and fenced-off grounds. ▼ 7173 P261439 B 12 4 Yarragon Moe (T) Part not covered by public works described in Entry A ▲ 7174 P261440 A 11 4 Yarragon Moe (T) Part covered by school buildings, structures and fenced-off grounds. ▼ 7175 P261440 B 11 4 Yarragon Moe (T) Part not covered by public works described in Entry A ▲ 7176 P261441 A 2 4 Yarragon Moe (T) Part covered by school buildings, structures and fenced-off grounds. ▼ 7177 P261441 B 2 4 Yarragon Moe (T) Part not covered by public works described in Entry A ▲ 7178 P261442 A 3 4 Yarragon Moe (T) Part covered by school buildings, structures and fenced-off grounds. ▼ 7179 P261442 B 3 4 Yarragon Moe (T) Part not covered by public works described in Entry A ▲ 7180 P261443 A 4 4 Yarragon Moe (T) Part covered by school buildings, structures and fenced-off grounds. ▼ 7181 P261443 B 4 4 Yarragon Moe (T) Part not covered by public works described in Entry A ▲ 7182 P261444 A 9B 12 Yarragon Moe (T) Part covered by Moe to Yallourn Railway. ▼ 7183 P261444 B 9B 12 Yarragon Moe (T) Part not covered by public works described in Entry A ▲ 7184 P261445 9A 13 Yarragon Moe (T) ▲ 7185 P261537 A 11 14 Yarragon Trafalgar (T) Part covered by campdraft (rodeo) yard and related buildings and structures. ▼ 7186 P261537 B 11 14 Yarragon Trafalgar (T) Part not covered by public works described in Entry A ▲ 7187 P263390 4A E Yarragon ▲ 7188 P263391 13D F Yarragon ▲ 7189 P263392 4A F Yarragon ▲ 7190 P263393 15B F Yarragon ▲ 7191 P263858 7A 5 Yarragon Trafalgar (T) Extinguishment disregarded pursuant to s 47B NTA. ▲ 7192 P367212 A 18 12 Yarragon Moe (T) Part covered by Moe to Yallourn Railway,
Freehold Grant, made before 1 January 1994▼ 7193 P367212 B 18 12 Yarragon Moe (T) Part not covered by public works described in Entry A ▲ 7194 P370134 2001 Yarragon Moe (T) Freehold Grant, made before 1 January 1994 ▼ 7195 P375323 9A 12 Yarragon Moe (T) ▲ 7196 P375324 A 2004 Yarragon Moe (T) Part covered by Moe to Yallourn Railway. ▼ 7197 P375324 B 2004 Yarragon Moe (T) Part not covered by public works described in Entry A ▲ 7198 P375354 2001 Yarragon ▲ 7199 P264403 50H Yarram Yarram Freehold Grant, made before 1 January 1994 ▼ 7200 P281840 61D Yarram Yarram ▲ 7201 P281849 11D Yarram Yarram ▲ 7202 P281850 A17B Yarram Yarram ▲ 7203 P281851 A11A Yarram Yarram ▲ 7204 P281852 A5A Yarram Yarram ▲ 7205 P281853 A2A Yarram Yarram ▲ 7206 P281854 A13A Yarram Yarram ▲ 7207 P282219 1C Yarram Yarram ▲ 7208 P282435 50J Yarram Yarram Extinguishment disregarded pursuant to s 47B NTA. ▲ 7209 P282436 50K Yarram Yarram Extinguishment disregarded pursuant to s 47B NTA. ▲ 7210 P367980 51B Yarram Yarram Freehold Grant, made before 1 January 1994 ▼ 7211 P368893 50A Yarram Yarram Freehold Grant, made before 1 January 1994 ▼ 7212 P368948 38H Yarram Yarram Freehold Grant, made before 1 January 1994 ▼ 7213 P369458 2001 Yarram Yarram Freehold Grant, made before 1 January 1994 ▼ 7214 P369460 2002 Yarram Yarram Freehold Grant, made before 1 January 1994 ▼ 7215 P369461 2003 Yarram Yarram Freehold Grant, made before 1 January 1994 ▼ 7216 P370945 2013 Yarram Yarram Extinguishment disregarded pursuant to s 47B NTA. ▲ 7217 P372963 2006 Yarram Yarram Extinguishment disregarded pursuant to s 47B NTA. ▲ 7218 P372964 2008 Yarram Yarram ▲ 7219 P372965 2009 Yarram Yarram ▲ 7220 P376026 2007 Yarram Yarram Extinguishment disregarded pursuant to s 47B NTA. ▲ 7221 P380737 2012 Yarram Yarram Extinguishment disregarded pursuant to s 47B NTA. ▲ 7222 P382901 2010 Yarram Yarram ▲ 7223 P262927 1 Yeerik ▲ 7224 P260061 8 11 Yeerung Munro (T) ▲ 7225 P260318 12D 5 Yeerung ▲ 7226 P262051 10E 1 Yeerung Operating Railway ▼ 7227 P262053 21D 2 Yeerung ▲ 7228 P262054 24B 2 Yeerung ▲ 7229 P262055 27A 1 Yeerung ▲ 7230 P262057 30C 3 Yeerung ▲ 7231 P262059 15C 3 Yeerung ▲ 7232 P262060 17E 3 Yeerung ▲ 7233 P262061 7D 5 Yeerung ▲ 7234 P262062 15E 4 Yeerung ▲ 7235 P262065 6B 3 Yeerung ▲ 7236 P262140 9 11 Yeerung Munro (T) ▲ 7237 P262141 1D 9 Yeerung Munro (T) Operating Railway ▼ 7238 P262142 1B 9 Yeerung Munro (T) ▲ 7239 P262144 1C 9 Yeerung Munro (T) ▲ 7240 P263427 16C 1 Yeerung Operating Railway ▼ 7241 P263791 18E 4 Yeerung ▲ 7242 P263843 31A 2 Yeerung ▲ 7243 P264262 15F 4 Yeerung ▲ 7244 P264263 18F 4 Yeerung ▲ 7245 P264264 10A 4 Yeerung ▲ 7246 P368065 15A Yeerung ▲ 7247 P373313 2001 Yeerung ▲ 7248 P207177 6B 2 Yertoo Prior Scheduled Interest, granted before 1 January 1994 ▼ 7249 P207178 6C 2 Yertoo Prior Scheduled Interest, granted before 1 January 1994 ▼ 7250 P207179 8A 2 Yertoo Exclusive possession lease (excluding mining), granted before 1 January 1994 ▼ 7251 P207180 32B 1 Yertoo ▲ 7252 P207181 32A 1 Yertoo ▲ 7253 P207182 32C 1 Yertoo ▲ 7254 P207196 2 2 Yertoo Prior Scheduled Interest, granted before 1 January 1994 ▼ 7255 P207197 A 9 Yertoo Part covered by Prior Scheduled Interest, granted before 1 January 1994 ▼ 7256 P207197 B 9 Yertoo Part not covered by interest described in Entry A ▲ 7257 P207198 10 Yertoo ▲ 7258 P207273 1 1A Yertoo ▲ 7259 P207276 10 1 Yertoo Exclusive possession lease (excluding mining), granted before 1 January 1994 ▼ 7260 P207278 11 1 Yertoo Exclusive possession lease (excluding mining), granted before 1 January 1994 ▼ 7261 P207279 A 11A1 1 Yertoo Part covered by prior Scheduled Interest, granted before 1 January 1994 ▼ 7262 P207279 B 11A1 1 Yertoo Part not covered by interests described in entry A ▲ 7263 P207280 12 1 Yertoo Exclusive possession lease (excluding mining), granted before 1 January 1994 ▼ 7264 P207285 15 1 Yertoo Exclusive possession lease (excluding mining), granted before 1 January 1994 ▼ 7265 P207288 17 1 Yertoo Prior Scheduled Interest, granted before 1 January 1994 ▼ 7266 P207289 18 1 Yertoo Exclusive possession lease (excluding mining), granted before 1 January 1994 ▼ 7267 P207290 1C 1 Yertoo Prior Scheduled Interest, granted before 1 January 1994 ▼ 7268 P207292 1D 1 Yertoo Prior Scheduled Interest, granted before 1 January 1994 ▼ 7269 P207293 2 1 Yertoo Exclusive possession lease (excluding mining), granted before 1 January 1994 ▼ 7270 P207298 21 1 Yertoo ▲ 7271 P207300* 23 1 Yertoo Exclusive possession lease (excluding mining), granted before 1 January 1994 ▼ 7272 P207301 24 1 Yertoo Exclusive possession lease (excluding mining), granted before 1 January 1994 ▼ 7273 P207302 25 1 Yertoo Exclusive possession lease (excluding mining), granted before 1 January 1994 ▼ 7274 P207303 26 1 Yertoo ▲ 7275 P207304 27 1 Yertoo ▲ 7276 P207305 28 1 Yertoo Prior Scheduled Interest, granted before 1 January 1994 ▼ 7277 P207307 3 1 Yertoo Prior Scheduled Interest, granted before 1 January 1994 ▼ 7278 P207308 30 1 Yertoo Exclusive possession lease (excluding mining), granted before 1 January 1994 ▼ 7279 P207311 33 1 Yertoo Exclusive possession lease (excluding mining), granted before 1 January 1994 ▼ 7280 P207313 35 1 Yertoo Prior Scheduled Interest, granted before 1 January 1994 ▼ 7281 P207315 37 1 Yertoo Exclusive possession lease (excluding mining), granted before 1 January 1994 ▼ 7282 P207318 4 1 Yertoo Prior Scheduled Interest, granted before 1 January 1994 ▼ 7283 P207320 41 1 Yertoo Exclusive possession lease (excluding mining), granted before 1 January 1994 ▼ 7284 P207321 42 1 Yertoo Prior Scheduled Interest, granted before 1 January 1994 ▼ 7285 P207322 43 1 Yertoo Prior Scheduled Interest, granted before 1 January 1994 ▼ 7286 P207323 44 1 Yertoo Prior Scheduled Interest, granted before 1 January 1994 ▼ 7287 P207324 45 1 Yertoo Prior Scheduled Interest, granted before 1 January 1994 ▼ 7288 P207326 5 1 Yertoo Exclusive possession lease (excluding mining), granted before 1 January 1994 ▼ 7289 P207327 6 1 Yertoo Exclusive possession lease (excluding mining), granted before 1 January 1994 ▼ 7290 P207331 8 1 Yertoo Prior Scheduled Interest, granted before 1 January 1994 ▼ 7291 P207332 9 1 Yertoo Exclusive possession lease (excluding mining), granted before 1 January 1994 ▼ 7292 P207333 10 2 Yertoo ▲ 7293 P207334 11 2 Yertoo Prior Scheduled Interest, granted before 1 January 1994 ▼ 7294 P207336 10A 2 Yertoo ▲ 7295 P207337 4 2 Yertoo ▲ 7296 P207338 5 2 Yertoo Exclusive possession lease (excluding mining), granted before 1 January 1994 ▼ 7297 P207339 8 2 Yertoo Exclusive possession lease (excluding mining), granted before 1 January 1994 ▼ 7298 P207340 9 2 Yertoo ▲ 7299 P263027 A 8 Yertoo Part covered by prior Scheduled Interest, granted before 1 January 1994 ▼ 7300 P263027 B 8 Yertoo Part not covered by interest described in Entry A ▲ 7301 P263031 12A Yertoo ▲ 7302 P371378 2006 Yertoo Exclusive possession lease (excluding mining), granted before 1 January 1994 ▼ 7303 P371379 2009 Yertoo Prior Scheduled Interest, granted before 1 January 1994 ▼ 7304 P371486 2008 Yertoo Exclusive possession lease (excluding mining), granted before 1 January 1994 ▼ 7305 P371487 2010 Yertoo Prior Scheduled Interest, granted before 1 January 1994 ▼ 7306 P371488 2007 Yertoo Exclusive possession lease (excluding mining), granted before 1 January 1994 ▼ 7307 P371489 A 2005 Yertoo Exclusive possession lease (excluding mining), granted before 1 January 1994 ▼ 7308 P371489 B 2005 Yertoo Part not covered by interest described in entry A ▲ 7309 P371490* 2004 Yertoo Exclusive possession lease (excluding mining), granted before 1 January 1994 ▼ 7310 P371491 2001 Yertoo Prior Scheduled Interest, granted before 1 January 1994 ▼ 7311 P371492 2002 Yertoo Exclusive possession lease (excluding mining), granted before 1 January 1994 ▼ 7312 P371493 2003 Yertoo Exclusive possession lease (excluding mining), granted before 1 January 1994 ▼ 7313 P371494 2011 Yertoo Prior Scheduled Interest, granted before 1 January 1994 ▼ 7314 P373615 2018 Yertoo ▲ 7315 P375299 2016 Yertoo Exclusive possession lease (excluding mining), granted before 1 January 1994 ▼ 7316 P375301 2012 Yertoo Prior Scheduled Interest, granted before 1 January 1994 ▼ 7317 P375302 2013 Yertoo Prior Scheduled Interest, granted before 1 January 1994 ▼ 7318 P375303 2014 Yertoo Prior Scheduled Interest, granted before 1 January 1994 ▼ 7319 P375304 2015 Yertoo Prior Scheduled Interest, granted before 1 January 1994 ▼ 7320 P375305 2017 Yertoo Exclusive possession lease (excluding mining), granted before 1 January 1994 ▼ 7321 P376268 (part) 1B 1 Yertoo Exclusive possession lease (excluding mining), granted before 1 January 1994 ▼ 7322 P376294 2019 Yertoo Prior Scheduled Interest, granted before 1 January 1994 ▼ 7323 P376296 2020 Yertoo Prior Scheduled Interest, granted before 1 January 1994 ▼ 7324 P376298 2021 Yertoo Prior Scheduled Interest, granted before 1 January 1994 ▼ 7325 P382422 2050 Yertoo ▲ 7326 P382423 2049 Yertoo ▲ 7327 P382424 2047 Yertoo Exclusive possession lease (excluding mining), granted before 1 January 1994 ▼ 7328 P382425 2048 Yertoo Exclusive possession lease (excluding mining), granted before 1 January 1994 ▼ 7329 P382426 2024 Yertoo Exclusive possession lease (excluding mining), granted before 1 January 1994 ▼ 7330 P382427 2023 Yertoo ▲ 7331 P382428 2046 Yertoo ▲ 7332 P264341 A 19E Yinnar Part covered by railway tracks. ▼ 7333 P264341 B 19E Yinnar Part not covered by public works described in Entry A ▲ 7334 P264350 19A A Yinnar Freehold Grant, made before 1 January 1994 ▼ 7335 P264351 2D A Yinnar Freehold Grant, made before 1 January 1994 ▼ 7336 P264352 18 E Yinnar Freehold Grant, made before 1 January 1994 ▼ 7337 P264353 A 12C Yinnar Part covered by school buildings, structures and fenced-off grounds. ▼ 7338 P264353 B 12C Yinnar Part not covered by public works described in Entry A ▲ 7339 P281855 7E Yinnar Freehold Grant, made before 1 January 1994 ▼ 7340 P281856 53B Yinnar ▲ 7341 P281857 53D Yinnar ▲ 7342 P281858 53G Yinnar ▲ 7343 P281859 53H Yinnar ▲ 7344 P281860 25B A Yinnar Freehold Grant, made before 1 January 1994 ▼ 7345 P281862 19D Yinnar ▲ 7346 P281863 11L Yinnar ▲ 7347 P281864 A 11M Yinnar Part covered by Yinnar Railway line. ▼ 7348 P281864 B 11M Yinnar Part not covered by public works described in Entry A ▲ 7349 P281866 56 Yinnar Exclusive agricultural or pastoral lease, granted before 1 January 1994. ▼ 7350 P281867 A 57 Yinnar Part covered by Morwell - Mirboo North railway line. ▼ 7351 P281867 B 57 Yinnar Part not covered by public works described in Entry A ▲ 7352 P281871 A 67 Yinnar Part covered by Yinnar Railway line. ▼ 7353 P281871 B 67 Yinnar Part not covered by public works described in Entry A ▲ 7354 P281876 A 66 Yinnar Part covered by Yinnar Railway line. ▼ 7355 P281876 B 66 Yinnar Part not covered by public works described in Entry A ▲ 7356 P281878 15G Yinnar ▲ 7357 P281879 14B A Yinnar ▲ 7358 P281881 18A A Yinnar Freehold Grant, made before 1 January 1994 ▼ 7359 P281882 12C A Yinnar Exclusive agricultural or pastoral lease- whole ▼ 7360 P281883 27A A Yinnar ▲ 7361 P281884 27B A Yinnar ▲ 7362 P281885 2A A Yinnar ▲ 7363 P281886 2A Yinnar ▲ 7364 P282307 53E Yinnar ▲ 7365 P282342 18C A Yinnar Freehold estate granted before 1 January 1994 ▼ 7366 P282349 53C Yinnar ▲ 7367 P365360 A 25E Yinnar Part covered by Yinnar Railway line. ▼ 7368 P365360 B 25E Yinnar Part not covered by public works described in Entry A ▲ 7369 P365361 9B Yinnar ▲ 7370 P365362 A 11N Yinnar Part covered by Yinnar Railway track. ▼ 7371 P365362 B 11N Yinnar Part not covered by the public work listed in entry A. Extinguishment disregarded pursuant to s 47B NTA. ▲ 7372 P367057 18D A Yinnar Freehold Grant, made before 1 January 1994 ▼ 7373 P367829 A 57B Yinnar Part covered by Yinnar Railway Station. ▼ 7374 P367829 B 57B Yinnar Part not covered by public works described in Entry A ▲ 7375 P367830 7F Yinnar ▲ 7376 P369907 2B A Yinnar Freehold Grant, made before 1 January 1994 ▼ 7377 P369909 2C A Yinnar Freehold Grant, made before 1 January 1994 ▼ 7378 P371263 19B Yinnar Extinguishment disregarded pursuant to s 47B NTA. ▲ 7379 P373810 2001 Yinnar Part covered by road - whole. ▼ 7380 P373811 2002 Yinnar Part covered by freehold estate granted before 1 January 1994 ▼ 7381 P373812 2003 Yinnar Part covered by road - whole. ▼ 7382 P373814 2004 Yinnar ▲ 7383 P375297 2005 Yinnar ▲ 7384 P375298 A 2006 Yinnar Freehold Grant, made before 1 January 1994 ▼ 7385 P375298 B 2006 Yinnar Part not covered by interest described in entry A ▲ 7386 P321614 31 Yonduk ▲ 7387 P321615 30 Yonduk ▲ 7388 P321616 32 Yonduk ▲ 7389 P321617 28B Yonduk ▲ 7390 P321618 28C Yonduk ▲ 7391 P321619 29C Yonduk ▲
7392 P321620 29B Yonduk ▲ 7393 P374158 2003 Yonduk ▲ 7394 P374162 2002 Yonduk ▲ 7395 P374170 2001 Yonduk ▲ DETERMINATION AREA TABLE NOTES
Note 1:In the Determination Area Table areas are generally identified using parcel numbers and further described by official descriptions of allotment and section identifiers and parish and (where applicable) township names. Parcel numbers are internal references used by the State of Victoria for convenience. Where further description appears useful and convenient, or it is necessary to distinguish between areas where native title exists and areas where it does not (as to which, see Note 2), such further description is also included in the column headed “Native Title Assessment”.
Note 2:In many instances native title exists over part of a parcel but has been extinguished over the balance of the parcel. In those instances, the parcel has two separate entries in the Determination Area Table; distinguished by adding “A” and “B” respectively in the column headed “Entry” next to the relevant parcel reference. The letter “B” is used for an area where native title exists. The letter “A” is used for the part of a parcel where native title does not exist. Where an entry refers to part of a parcel where native title has been extinguished, the column headed “Native Title Assessment” contains a short reference to the act or fact that has caused the extinguishment of the native title over those areas.
Note 3:The spatial extent of extinguishment has not been surveyed or otherwise fixed but is to be determined by the spatial extent of the act or fact referred to under the column headed “Native Title Assessment” (and which, in the case of a public work, will include the land and waters referred to in s 251D of the Native Title Act). In a given parcel it is a possibility that, as a result of the spatial extent of an act or fact being determined, native title may be found to have been extinguished over the entire parcel.
Note 4:In the Determination Area Table, the numbers in the first column against each row are sequential and for convenience of reference only.
Note 5:For the avoidance of doubt, there is only a determination in respect of the land and waters identified in Schedules 2 and 3 to the extent those land and waters or parts thereof fall within the boundary described in Schedule 1.
Note 6:The parcel identifiers in the Determination Area Table (Parcel ID, Allotment and Section) were current as at 13 December 2009. The entries in the Determination Area Table relate to the area that was within the parcels, as described by the parcel identifiers, at that date. Fixing the parcel identifiers at a specific date is necessary, because regular changes are made to parcel identifiers, whether because of parcel subdivision or otherwise. Any changes in parcel boundaries and parcel identifiers after 13 December 2009, whether before or after the date of the determination, do not affect the area within the Determination Area Table.
SCHEDULE 4 – GUNAI/KURNAI APICAL ANCESTORS
[ORDER 4]
(1)Charles Boldin / Bolden and Emily Clarke
(2)Jemmy Bull and Mary
(3)Tommy Bumberrah
(4)Bungil Narran
(5)Bungil Wrekallak
(6)Bungil Tay-a-bung
(7)Jack Chase and Kitty
(8)Dan Bun-gyl Tambo and Kitty Wangung
(9)Old Darby Tar-loomba and Mary Tur-un-gook
(10)Charles Rivers and Kitty
(11)Charles Hammond and Annabella / Hannah McLeod
(12)Jimmy
(13)Billy Login / Logan and Mary
(14)King Tom Kee-lum-bedine and Mary War-gyle
(15)Old Ngary and Mary Woon-grook
(16)James Scott
(17)George Thomas
(18)Timothy Bungil Barlijan and Patty Tu-duk
(19)Charlotte Mercawan
(20)Yallung / Tharnaberrang Kitty and Wookalnom Dukalunern Mary
(21)Wood-a-turn
(22)Merriguin Lucy Goold
(23)William McDougall
(24)Edward ‘Neddy’ O’Rourke
(25)John Wilson and Polly
SCHEDULE 5 - “OTHER INTERESTS”
[ORDER 10]
The other interests, as they exist at the date of this determination, are as follows:
(a)so far as confirmed pursuant to s 15 of the Land Titles Validation Act 1994 (Vic) as at 24 November 1998, public access to and enjoyment of the following places:
(i)waterways;
(ii)beds and banks or foreshores of waterways;
(iii)coastal waters;
(iv)beaches;
(v)areas that were public places at the end of 31 December 1993;
(b)the right of an employee or agent or instrumentality of the Crown, or of any local government or other statutory authority, to access land or waters in the Determination Area as required in the performance of statutory or common law duties;
(c)the interests of the Crown, or a local government body or other statutory authority of the Crown, in any capacity in any public works and other facilities whose construction or establishment:
(i)was valid or has been validated;
(ii)did not extinguish native title (even as a consequence of validation); and
(iii)commenced prior to the date of this determination;
(d)the rights and interests of Telstra Corporation Limited:
(i)as the owner or operator of telecommunications facilities within the Determination Area;
(ii)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:
(A)to inspect land;
(B)to install and operate telecommunications facilities;
(C)to alter, remove, replace, maintain, repair and ensure the proper functioning of its telecommunications facilities; and
(D)for its employees, agents or contractors to access the Determination Area for the purposes of exercising the rights in (A),(B) and (C) above in respect of telecommunications facilities in and in the vicinity of the Determination Area;
(iii)under any leases, licences, access agreements or easements relating to its telecommunications facilities in the Determination Area.
(e)any public right to fish;
(f)the public right to navigate;
(g)the international right of innocent passage through the territorial sea;
(h)the interest of a holder of a pipeline licence granted pursuant to:
(i) the Pipelines Act 2005 (Vic); or
(ii)the Pipelines Act 1967 (Vic) and now governed by the Pipelines Act 2005 (Vic); or
(iii)the Petroleum (Submerged Lands) Act 1982 (Vic);
(i)the interest of a holder of a licence granted pursuant to Part 3A of the Victorian Plantations Corporation Act 1993 (Vic);
(j)the interests of persons holding licences, permits, statutory fishing rights, or other statutory rights pursuant to:
(i)the Fisheries Act 1995 (Vic) or regulations or management plans made under that Act;
(ii)the Fisheries Management Act 1991 (Cth), or regulations or management plans made under that Act;
(iii)any other legislative scheme for the control, management and exploitation of the living resources within the Determination Area; and
(k)the interests of persons to whom valid and validated rights have been:
(i)granted by the Crown pursuant to statute or otherwise in the exercise of its executive power; or
(ii)otherwise conferred by statute.
SCHEDULE 6 – Determination Area Map
[ORDER 12]
6
2