FEDERAL COURT OF AUSTRALIA
Stock on behalf of the Nyiyaparli People v State of Western Australia (No 5) [2018] FCA 1453
File numbers: WAD 6280 of 1998
WAD 196 of 2013Judge: BARKER J Date of judgment: 26 September 2018 Catchwords: NATIVE TITLE – determination of native title by consent pursuant to s 87 of Native Title Act 1993 (Cth) – appropriate to make orders Legislation: Native Title Act 1993 (Cth) ss 13(1)(a), 56(2), 61, 63, 66, 66(8), 66(10)(c), 66B, 67, 68, 84A, 87, 94A, 190A, 225
Native Title Amendment Act 1998 (Cth) Sch 5, Pt 3, Item 6
Federal Court Rules 2011 (Cth) R 30.01
Native Title (Prescribed Bodies Corporate) Regulations 1999 (Cth)
Cases cited: Atkins on behalf of the Gingirana People v State of Western Australia [2017] FCA 1465
Banjima People v State of Western Australia (No 3) [2014] FCA 201
Brown (on behalf of the Ngarla People) v State of Western Australia [2007] FCA 1025
James on behalf of the Martu People v State of Western Australia [2002] FCA 1208
Jones on behalf of the Yinhawangka People v State of Western Australia [2017] FCA 801
Lander v State of South Australia [2012] FCA 427
Limmerick on behalf of the Ngarlawangga People v State of Western Australia [2016] FCA 1442
Lovett on behalf of the Gunditjmara People v State of Victoria [2007] FCA 474
Munn (for and on behalf of the Gunggari People) v Queensland (2001) 115 FCR 109; [2001] FCA 1229
Peterson on behalf of the Wunna Nyiyaparli People v State of Western Australia [2016] FCA 1528
Peterson on behalf of the Wunna Nyiyaparli People v State of Western Australia [2017] FCA 1056
Sharpe v State of Western Australia [2013] FCA 599
Stock on behalf of the Nyiyaparli People v State of Western Australia (No 2) [2018] FCA 1091
Stock on behalf of the Nyiyaparli People v State of Western Australia (No 3) [2018] FCA 1306
Stock v State of Western Australia [2014] FCA 179
Ward v State of Western Australia [2006] FCA 1848
Watson on behalf of the Nyikina Mangala People v State of Western Australia (No 6) [2014] FCA 545
Date of hearing: 11‑13 June 2014 and 11 July 2016 Date of last submissions: 5 September 2018 Registry: Western Australia Division: General Division National Practice Area: Native Title Category: Catchwords Number of paragraphs: 76 Counsel for the Applicant: Mr SJ Wright SC with Ms KA Holloman Solicitor for the Applicant: Yamatji Marlpa Aboriginal Corporation Counsel for the State of Western Australia: Mr MS Pudovskis Solicitor for the State of Western Australia: State Solicitor’s Office Counsel for the Rio Tinto Respondents: Ms FJ Sinclair Solicitor for the Rio Tinto Respondents: Rio Tinto Ltd ORDERS
WAD 6280 of 1998 BETWEEN: DAVID STOCK, RAYMOND DRAGE, VICTOR PARKER, BILLY CADIGAN, LEONARD STREAM ON BEHALF OF THE NYIYAPARLI PEOPLE
Applicant
AND: STATE OF WESTERN AUSTRALIA
First Respondent
SHIRE OF MEEKATHARRA
Second Respondent
YAMATJI MARLPA ABORIGINAL CORPORATION (and others named in the Schedule)
Third Respondent
WAD 196 of 2013 BETWEEN: DAVID STOCK, RAYMOND DRAGE, VICTOR PARKER, BILLY CADIGAN, LEONARD STREAM ON BEHALF OF THE NYIYAPARLI PEOPLE
Applicant
AND: STATE OF WESTERN AUSTRALIA
First Respondent
HAMERSLEY EXPLORATION PTY LTD, HAMERSLEY IRON PTY LTD, HAMERSLEY RESOURCES LTD, HAMERSLEY WA PTY LTD, AND HOPE DOWNS IRON ORE PTY LTD
Second Respondents
BHP BILLITON MINERALS PTY LTD, ITOCHU MINERALS & ENERGY OF AUSTRALIA PTY LTD, MITSUI IRON ORE CORPORATION PTY LTD, MITSUI-ITOCHU IRON PTY LTD, UNITED IRON PTY LTD, AND PILBARA PASTORAL COMPANY PTY LTD
Third Respondents
ATTORNEY-GENERAL OF THE COMMONWEALTH OF AUSTRALIA
Intervener
JUDGE:
BARKER J
DATE OF ORDER:
26 SEPTEMBER 2018
THE COURT NOTES THAT:
A.The applicants in proceedings WAD 6280 of 1998 (Nyiyaparli People Application) and WAD 196 of 2013 (Nyiyaparli #3 Application) (together, the Nyiyaparli Applications) have made native title determination applications that relate to the area of land and waters the subject of the Consent Determination of Native Title (Determination).
B.The applicants in the Nyiyaparli Applications, the State of Western Australia and the other respondents to the proceedings (collectively, the parties) have reached an agreement as to the terms of the Determination which is to be made in relation to the land and waters covered by the Nyiyaparli Applications (the Determination Area). The external boundaries of the Determination Area are described in Schedule One to the Determination.
C.Some of the pastoral group number five respondents have agreed to the terms of the Determination having reached agreement with the applicants in relation to those portions of their respective pastoral leases that are situated within the Determination Area. Following the making of the Determination, those agreements will be executed and applications will be made for the agreements to be registered as Indigenous Land Use Agreements on the Register of Indigenous Land Use Agreements as body corporate agreements pursuant to s 24BG of the Native Title Act 1993 (Cth).
D.The parties have agreed that one or more members of the native title claim groups occupied (within the meaning of s 47B(1)(c) of the Native Title Act) the areas referred to in Recitals F(a) to (e) below as at the date of the Nyiyaparli Applications, and that, but for prior extinguishment, the native title rights in those areas would be those in paragraph 4 of the Determination, but that on the basis of the decision of the Full Court of the Federal Court in BHP Billiton Nickel West Pty Ltd v KN (dec’d) (Tjiwarl and Tjiwarl #2) and Others (2018) 351 ALR 491; [2018] FCAFC 8, s 47B(2) of the Native Title Act cannot apply to those areas because the areas were at the relevant times covered by exploration licences or prospecting licences.
E.The parties have agreed that in the event that the High Court of Australia decides after this Determination that the presence of exploration or prospecting licences or permits as at the date an application is made does not prevent extinguishment of native title from being disregarded under s 47B(2) of the Native Title Act in respect of land or waters covered by such licences or permits, then:
(a)the registered native title body corporate may apply to the Federal Court for a variation of this Determination of native title consistent with Recital F below; and
(b)in the event of such a variation application being made within 12 months of delivery of the relevant decision of the High Court of Australia, or such further period as may be agreed by the parties to this proceeding, each of the parties to this proceeding which is a party to the variation application will consent to the variation application being argued on its merits.
F.The variations to the Determination referred to in Recital E above are:
(a)in clause 2(a) of Schedule Three, to delete all the words from and including “Excluding” to the end of clause 2(a);
(b)in clause 2(b) of Schedule Three, to delete all the words from and including “Excluding” to the end of clause 2(b);
(c)in clause 2(c) of Schedule Three, to delete all the words from and including “Excluding” to the end of clause 2(c);
(d)in clause 2(d) of Schedule Three, to delete all the words in sub-paragraph (i);
(e)in clause 2(e) of Schedule Three, to delete all the words from and including “Excluding” to the end of clause 2(e).
G.Nothing in Recitals D to F above prevents any party from opposing a variation to the Determination on the basis of the merits of such application, except to the extent referred to in Recital D.
H.Pursuant to s 87(1) of the Native Title Act, the parties have filed with this Court an agreement in writing setting out the terms of the agreement reached by the parties in relation to the Nyiyaparli Applications.
I.The terms of the agreement involve the making of consent orders for a determination pursuant to s 87 and s 94A of the Native Title Act that native title exists in relation to the land and waters of the Determination Area.
J.The parties acknowledge that the effect of the making of the Determination is that the members of the native title claim groups, in accordance with the traditional laws acknowledged and the traditional customs observed by them, should be recognised as the native title holders for the Determination Area as set out in the Determination.
K.Pursuant to s 87(2) of the Native Title Act, the parties have requested that the Court determine the Nyiyaparli Applications without holding a hearing.
L.The Applicants in the Nyiyaparli Applications have nominated Karlka Nyiyaparli Aboriginal Corporation ICN 3649 pursuant to s 56(2)(a) of the Native Title Act to hold the determined native title in trust for the native title holders.
BEING SATISFIED THAT a determination in the terms set out at Attachment A would be within the power of the Court, and it appearing to the Court appropriate to do so, pursuant to s 87 and s 94A of the Native Title Act and by consent of the parties:
THE COURT ORDERS THAT:
1.In relation to the Determination Area, there be a determination of native title in WAD 6280 of 1998 and WAD 196 of 2013 in terms of the Determination provided for in Attachment A.
2.Karlka Nyiyaparli Aboriginal Corporation ICN 3649 shall hold the determined native title in trust for the native title holders pursuant to s 56(2)(b) of the Native Title Act.
3.There be no order as to costs.
Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
ATTACHMENT A
DETERMINATION
THE COURT ORDERS, DECLARES AND DETERMINES THAT:
Existence of native title (s 225 Native Title Act)
1.Subject to paragraph 2, native title exists in the Determination Area in the manner set out in paragraphs 4 and 5 of this Determination.
2.Native title does not exist in those parts of the Determination Area the subject of the interests identified in Schedule Four, which are shown as generally shaded pink on the maps in Schedule Two.
Native title holders (s 225(a) Native Title Act)
3.The native title in the Determination Area is held by the Nyiyaparli People. The Nyiyaparli People are the people described in Schedule Seven.
The nature and extent of native title rights and interests and exclusiveness of native title (s 225(b) and (e) Native Title Act)
Exclusive rights and interests
4.Subject to paragraphs 6, 7, 8, and 11, the nature and extent of the native title rights and interests in relation to the Exclusive Area is:
(a)except in relation to flowing and underground water, the right to possession, occupation, use and enjoyment to the exclusion of all others; and
(b)in relation to flowing and underground water, the right to use and enjoy the flowing and underground water, including:
(i)the right to hunt on, fish from, take and use the traditional resources of the flowing and underground water; and
(ii)the right to take and use the flowing and underground water.
Non-exclusive rights and interests
5.Subject to paragraphs 6, 7, 8, and 11, the nature and extent of the native title rights and interests in relation to the Non-Exclusive Area are that they confer the following non‑exclusive rights on the Nyiyaparli People, including the right to conduct activities necessary to give effect to them:
(a)the right to live, being to enter and remain on the land, to camp and erect shelters and other structures for that purpose, and travel over and visit any part of the land and waters of the Non-Exclusive Area;
(b)the right to hunt, fish, gather, take and use the traditional resources of the Non-Exclusive Area;
(c)the right to take and use water in the Non-Exclusive Area;
(d)the right to engage in cultural activities and the transmission of cultural knowledge on the Non-Exclusive Area, including:
(i)visiting places of cultural or spiritual importance and maintaining, caring for, and protecting those places by carrying out activities to preserve their physical or spiritual integrity; and
(ii)conducting ceremony and ritual, including burial and burial rites; and
(e)the right to be accompanied on the Non-Exclusive Area by those people who, though not native title holders and who (for the avoidance of doubt) cannot themselves exercise any native title right in the Determination Area, are:
(i)spouses, parents or children of the native title holders; or
(ii)people required by or entering in connection with traditional law and custom for the performance of ceremonies or cultural activities on the Non-Exclusive Area.
Qualifications on the native title rights and interests
6.The native title rights and interests are subject to and exercisable in accordance with:
(a)the laws of the State and the Commonwealth, including the common law; and
(b)the traditional laws and customs of the Nyiyaparli People for personal, domestic and communal purposes (including social, cultural, religious, spiritual and ceremonial purposes).
7.Notwithstanding anything in this Determination, there are no native title rights and interests in the Determination Area in relation to:
(a)minerals as defined in the Mining Act 1904 (WA) (repealed) and in the Mining Act 1978 (WA), except to the extent that ochre is not a mineral pursuant to the Mining Act 1904 (WA); or
(b)petroleum as defined in the Petroleum Act 1936 (WA) (repealed) and in the Petroleum and Geothermal Energy Resources Act 1967 (WA);
(c)geothermal energy resources and geothermal energy as defined in the Petroleum and Geothermal Energy Resources Act 1967 (WA); or
(d)water captured by the holders of the Other Interests pursuant to those Other Interests.
8.The native title rights and interests set out in paragraphs 4(b) and 5 do not confer:
(a)possession, occupation, use and enjoyment on the Nyiyaparli People to the exclusion of all others; or
(b)a right to control the access to, or use of, the land and waters of the Determination Area or its resources.
Areas to which ss 47, 47A or 47B of the Native Title Act apply
9.Sections 47A and 47B of the Native Title Act apply to disregard prior extinguishment in relation to the areas described in clauses 1 and 2, respectively, of Schedule Five.
The nature and extent of any other interests (s 225(c) Native Title Act)
10.The nature and extent of the Other Interests are described in Schedule Six.
Relationship between native title rights and other interests (s 225(d) Native Title Act)
11.Except as otherwise provided for by law, the relationship between the native title rights and interests described in paragraphs 4 and 5 and the Other Interests is that:
(a)to the extent that any of the Other Interests are inconsistent with the continued existence, enjoyment or exercise of the native title rights and interests, the native title rights and interests continue to exist in their entirety, but the native title rights and interests have no effect in relation to the Other Interests to the extent of the inconsistency during the currency of the Other Interests; and otherwise,
(b)the existence and exercise of the native title rights and interests do not prevent the doing of any activity required or permitted to be done by or under the Other Interests, and the Other Interests, and the doing of any activity required or permitted to be done by or under the Other Interests, prevail over the native title rights and interests and any exercise of the native title rights and interests but do not extinguish them.
Liberty to Apply
12.The parties have liberty to apply to establish the precise location and boundaries of the public works and adjacent land and waters identified in relation to any part or parts of the Determination Area referred to in clause 5 of Schedule Four of this Determination.
Definitions and Interpretation
13.In this Determination, unless the contrary intention appears:
Commonwealth means Commonwealth of Australia;
Determination Area means the land and waters described in Schedule One and depicted on the maps in Schedule Two;
Exclusive Area means those lands and waters of the Determination Area described in Schedule Three (which areas are generally shown as shaded green on the maps in Schedule Two);
Flowing water means the following water within the Determination Area:(a)water which flows, whether permanently, intermittently or occasionally, within any river, creek, stream or brook; and
(b)any natural collection of water into, through, or out of which a river, creek, stream or brook flows;
land has the same meaning as in the Native Title Act and, for the avoidance of doubt, includes any natural collection of water found on the land which does not fall within the definition of "waters";
Native Title Act means the Native Title Act 1993 (Cth);
native title holders means the Nyiyaparli People as described in Schedule Seven and referred to in paragraph 3;
Non-Exclusive Area means those lands and waters of the Determination Area which are not Exclusive Areas or described in paragraph 2 as an area where native title does not exist. These lands and waters are generally shown as shaded yellow on the maps at Schedule Two;
Other Interests means the legal or equitable estates or interests and other rights in relation to the Determination Area described in Schedule Six and referred to in paragraph 10;
resources means flora, fauna, and other natural resources such as charcoal, stone, soil, wood, resin and ochre (except, for the avoidance of doubt, ochres for use in the manufacture of porcelain, fine pottery or pigments which are minerals pursuant to the Mining Act 1904 (WA) (repealed));
State means State of Western Australia;
underground water means water from and including an underground water source, including water that percolates from the ground;
use includes by way of share and exchange; and
waters has the same meaning as in the Native Title Act.14.In the event of any inconsistency between the written description of an area in Schedule One, Schedule Three, Schedule Four, Schedule Five, or Schedule Six and the area as depicted on the maps in Schedule Two, the written description prevails.
SCHEDULE ONE
DETERMINATION AREA
The Determination Area, generally shown as bordered in blue on the maps in Schedule Two, comprises all land and waters in the following descriptions:
WAD6280 of 1998
All those lands and waters commencing at Latitude 22.025709 South and Longitude 120.965618 East and extending southeasterly to a western boundary of Reserve 12297 at Latitude 22.176991; Then southeasterly to Latitude 22.185703 South, Longitude 121.407723 East; Then southwesterly to a western boundary of Reserve 12297 at Latitude 22.267179 South; Then southwesterly to a western boundary of Reserve 12297 at Latitude 22.349350 South; Then southwesterly to an eastern boundary of the eastern severance of Pastoral Lease N049553 (Balfour Downs) at Latitude 22.690004 South; Then southwesterly to a southern boundary of the eastern severance of Pastoral Lease N049553 (Balfour Downs) at Longitude 121.255422 East being a point on the present boundary of Native Title Determination WAD6110/1998 Martu (Area A) (WCD2002/002); Then generally southwesterly along the boundary of that native title determination to an northern boundary of the eastern severance of Pastoral Lease N049553 (Balfour Downs) at Longitude 121.221018 East; Then southwesterly to a southern boundary of the eastern severance of Pastoral Lease N049553 (Balfour Downs) at Longitude 121.145159 East being a point on the present boundary of Native Title Determination WAD6110/1998 Martu (Area A) (WCD2002/002); Then generally southwesterly along the boundary of that native title determination to an eastern boundary of Pastoral Lease N049546 (Robertson Range) at Latitude 23.497899 South; Then southwesterly to Latitude 23.565459 South, Longitude 120.871261 East; Then southwesterly to a southern boundary of the eastern severance of Reserve 41265 at Longitude 120.696113 East being a point on the present boundary of Native Title Determination WAD6110/1998 Martu (Area A) (WCD2002/002); Then southwesterly along the boundary of that native title determination to an eastern boundary of the eastern severance of Pastoral Lease N049890 (Weelarrana) at Latitude 23.751355 South; Then southwesterly to Latitude 23.799908 South, Longitude 120.618550 East; Then southwesterly to a southern boundary of the eastern severance of Pastoral Lease N049890 (Weelarrana) at Longitude 120.568181 East being a point on the present boundary of Native Title Determination WAD6110/1998 Martu (Area A) (WCD2002/002); Then southwesterly along the boundary of that native title determination to Latitude 23.998656 South, Longitude 120.508828 East being a point on the present boundary of Native Title Determination WAD6284/1998 Birriliburu People (Part A) (WCD2008/002); Then westerly and southerly along the boundaries of that native title determination to Latitude 24.012185 South, being a point on the present boundary of Native Title Determination WAD6002/2003 Gingirana (WCD2017/011); Then southwesterly, generally westerly and generally northwesterly along the boundaries of the native title determination to the intersection of the centreline of an unnamed intermittent creek with Latitude 24.424384° South also being a point on the present boundary of Native Title Determination WAD78/2005 Ngarlawangga People (WCD2016/007); Then generally northerly along the boundaries of that native title determination to Latitude 23.800165 South, Longitude 119.730429 East; Then northerly, northwesterly and southwesterly through the following coordinate positions.
LATITUDE (SOUTH) LONGITUDE (EAST) 23.799776 119.730443 23.517542 119.659365 23.586534 119.564249
Then northwesterly to Latitude 23.505056 South, Longitude 119.363043 East being a point on the present boundary of Native Title Determination WAD78/2005 Ngarlawangga People (WCD2016/007); Then generally northwesterly along the boundary of that native title determination to Latitude 23.249178 South, Longitude 119.141883 East; Then generally northerly and generally westerly through the following coordinate positions.
LATITUDE (SOUTH) LONGITUDE (EAST) 23.063501 119.155112 23.003843 119.165211 23.003396 119.163741 23.001105 119.153405 23.000125 119.146432 22.999049 119.143061 22.997148 119.136689 22.995623 119.130872
Then westerly to Latitude 22.995316 South, Longitude 119.127503 East, being a point on the present boundary of Native Title Determination WAD6096/1998 Banjima People (WCD2014/001); Then northeasterly and generally northwesterly along the boundaries of that native title determination to Latitude 22.345315 South, Longitude 119.115406 East; Then generally easterly through the following coordinate positions.
LATITUDE (SOUTH) LONGITUDE (EAST) 22.332946 119.241060 22.264352 119.938288 22.291786 120.176544 22.389190 120.828284
Then northeasterly back to the commencement point.
Note:Geographic Coordinates provided in Decimal Degrees.
Cadastral boundaries sourced from Landgate’s Spatial Cadastral Database dated 29 March 2018.
For the avoidance of doubt the application excludes any land and waters already claimed by:
Native Title Determination WAD6110/1998 Martu (Area A) (WCD2002/002) as Determined in the Federal Court on 27 September 2002.
Native Title Determination WAD6284/1998 Birriliburu People (Part A) (WCD2008/002) as Determined in the Federal Court on 20 June 2008.
Native Title Determination WAD6002/2003 Gingirana (WCD2017/011) as Determined in the Federal Court on 7 December 2017.
Native Title Determination WAD78/2005 Ngarlawangga People (WCD2016/007) as Determined in the Federal Court on 7 December 2016.
Native Title Determination WAD6096/1998 Banjima People (WCD2014/001) as Determined in the Federal Court on 11 March 2014.
Native Title Determination Application WAD196/2013 Nyiyaparli #3 (WC2013/003) as Registered in the Federal Court on 27 August 2013.
Native Title Determination Application WAD6287/1998 Palyku (WC1999/016) as Registered in the Federal Court on 2 August 1999.
Native Title Determination Application WAD6028/1998 Nyamal (WC1999/008) as Registered in the Federal Court on 28 September 2007.
Native Title Determination Application WAD289/2018 Nyamal Overlap Claim (WC2018/011) as Filed in the Federal Court on 28 June 2018.
Datum: Geocentric Datum of Australia 1994 (GDA94)
Prepared By: Graphic Services (Landgate) 3 August 2018Use 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.WAD196 of 2013
AREA 1
All those lands and waters commencing at Latitude 23.063501 South, Longitude 119.155112 East and extending northerly and generally westerly through the following coordinate positions.
LATITUDE (SOUTH) LONGITUDE (EAST) 23.003843 119.165211 23.003396 119.163741 23.001105 119.153405 23.000125 119.146432 22.999049 119.143061 22.997148 119.136689 22.995623 119.130872
Then westerly to Latitude 22.995316 South, Longitude 119.127503 East, being a point on the present boundary of Native Title Determination WAD6096/1998 Banjima People (WCD2014/001); Then generally southwesterly along the boundaries of that native title determination to Latitude 23.035240 South, Longitude 118.926692 East, being a point on the present boundary of Native Title Determination WAD340/2010 Yinhawangka Part A (WCD2017/003); Then generally southwesterly along the boundaries of that native title determination to Longitude 118.879717 South, being a point on the present boundary of Native Title Determination WAD78/2005 Ngarlawangga People (WCD2016/007); Then southeasterly along the boundary of that native title determination to Latitude 23.249178 South, Longitude 119.141883 East; Then northerly back to the commencement point.
AREA 2
All those lands and waters commencing at Latitude 23.505056 South, Longitude 119.363043 East being a point on the present boundary of Native Title Determination WAD78/2005 Ngarlawangga People (WCD2016/007); Then southeasterly along the boundary of that native title determination to the intersection with a western boundary of Native Title Application WAD6280/1998 Nyiyaparli People (WC2005/006) at Latitude 23.800165 South; Then northerly, northwesterly and southwesterly along the boundaries of that native title application through the following coordinate positions.
LATITUDE (SOUTH) LONGITUDE (EAST) 23.799776 119.730443 23.517542 119.659365 23.586534 119.564249
Then northwesterly back to the commencement point.
Note:Geographic Coordinates provided in Decimal Degrees.
Cadastral boundaries sourced from Landgate’s Spatial Cadastral Database dated 29 March 2018.
For the avoidance of doubt the application excludes any land and waters already claimed by:
Native Title Determination WAD340/2010 Yinhawangka Part A (WCD2017/003) as Determined in the Federal Court on 18 July 2017.
Native Title Determination WAD78/2005 Ngarlawangga People (WCD2016/007) as Determined in the Federal Court on 7 December 2016.
Native Title Determination WAD6096/1998 Banjima People (WCD2014/001) as Determined in the Federal Court on 11 March 2014.
Native Title Determination Application WAD6280/1998 Nyiyaparli People (WC2005/006) as Registered in the Federal Court on 11 August 2010.
Datum: Geocentric Datum of Australia 1994 (GDA94)
Prepared By: Graphic Services (Landgate) 3 August 2018Use of Coordinates:
Where coordinates are used within the description to represent cadastral or topographical boundaries or the intersection with such, they are intended as a guide only. As an outcome to the custodians of cadastral and topographic data continuously recalculating the geographic position of their data based on improved survey and data maintenance procedures, it is not possible to accurately define such a position other than by detailed ground survey.SCHEDULE TWO
MAPS OF THE DETERMINATION AREA
SCHEDULE THREE
EXCLUSIVE AREA (PARAGRAPH 4)
Native title comprises the rights and interests set out in paragraph 4 of the Determination in relation to the following land and waters (which areas are generally shown as shaded in green on the maps in Schedule Two):
1. AREAS WHERE SECTION 47A APPLIES
(a)The following reserves for the purpose of "use and benefit of Aborigines", subject to clause 1(b) below in relation to Reserve 41265:
Reserve No. Name Reserve 11463 Well 61 Reserve 41265 Jigalong Reserve 42835 Parnpajinya
(b)For the avoidance of doubt, the area of Reserve 41265 does not include:
(i)Road 103, being the Jigalong Mission Road as described in Schedule Four, clause 4; or
(ii)Road 14 (Historical), being the Weelarrana-Ethel Creek Road as described in Schedule Four, clause 4
for the purposes of this Schedule Three and paragraph 4 of the Determination.
(c)The following pastoral leases, being leases which were held or on trust expressly for the benefit of Aboriginal peoples within the meaning of s 47A(1)(b)(ii) of the Native Title Act:
Lease No. Name PL N049404 Walagunya Station PL N049420 Mount Divide Station PL N049546 Robertson Range Station
2. AREAS WHERE SECTION 47B APPLIES
(a)Wonmunna
All those lands and waters commencing at Latitude 23.055742 South, Longitude 119.126278 East and extending easterly and southerly through the following coordinate positions:
LATITUDE (SOUTH) LONGITUDE (EAST) 23.055741 119.167059 23.077529 119.167926
Then southerly to the intersection with a northern boundary of Lot 183 as shown on Deposited Plan 219300 being a point on the present northern side of the Great Northern Highway at Longitude 119.164336 East; Then generally westerly along the northern boundaries of that highway to Longitude 119.111522 East; Then northeasterly back to the commencement point.
Excluding:
(i)Those parts of the Nyiyaparli (WAD6280 of 1998) claim area which were covered by:
(A)Exploration licence 47/541;
(B)Exploration licence 47/542;
(C)Exploration licence 47/622;
as at the date the Nyiyaparli claim was filed on 29 September 1998.
(ii)Those parts of the Nyiyaparli #3 (WAD196 of 2013) claim area which were covered by:
(A)Exploration licence 47/541;
(B)Exploration licence 47/542;
(C)Exploration licence 47/622;
(D)Exploration licence 47/1137
as at the date the Nyiyaparli #3 claim was filed on 17 June 2013.
(b)Coondiner Creek
PORTION 1
All those lands and waters commencing at Latitude 23.156819 South, Longitude 119.556852 East and extending southeasterly, southwesterly, westerly, northerly, again westerly, northeasterly and again southeasterly through the following coordinate positions:
LATITUDE (SOUTH) LONGITUDE (EAST) 23.162897 119.572377 23.207231 119.555638 23.205734 119.537131 23.187337 119.538872 23.181974 119.472865 23.160947 119.486818 23.183385 119.544832
Then northeasterly back to the commencement point.
PORTION 2
All those lands and waters commencing at the intersection of a southern boundary of the southwestern severance of Pastoral Lease N050368 (Marillana) with Longitude 119.596290 East; Then easterly and southerly along the boundaries of that pastoral lease to a southwestern corner of the southwestern severance at approximate Latitude 23.000043 South, Longitude 119.636977 East; Then generally southwesterly, northwesterly, southwesterly and again northwesterly through the following coordinate positions:
LATITUDE (SOUTH) LONGITUDE (EAST) 23.070603 119.608190 23.082976 119.602235 23.121108 119.586613 23.116114 119.573910 23.137363 119.564155 23.115128 119.507541
Then northeasterly back to the commencement point.
Excluding those parts of the Nyiyaparli (WAD6280 of 1998) claim area which were covered by:
(i)Exploration licence 47/427;
(ii)Exploration licence 47/429;
(iii)Exploration licence 47/430;
(iv)Exploration licence 47/751;
(v)Exploration licence 47/807
as at the date the Nyiyaparli claim was filed on 29 September 1998.
(c)Karlka (Kalgan Creek)
All those lands and waters commencing at the intersection of a western boundary of the westernmost northwestern severance of Pastoral Lease N049724 (Ethel Creek) with Latitude 23.190922 South; Then southerly, easterly and again southerly along the boundaries of that pastoral lease to Latitude 23.215004 South; Then northwesterly, generally southwesterly, generally easterly, generally northerly, generally northeasterly, generally easterly, southeasterly and northeasterly through the following coordinate positions:
LATITUDE (SOUTH) LONGITUDE (EAST) 23.178920 119.734410 23.192118 119.728054 23.199739 119.720011 23.205435 119.708752 23.204508 119.688881 23.205303 119.676429 23.205832 119.662123 23.204508 119.651525 23.201593 119.636424 23.199077 119.624634 23.199209 119.611122 23.202653 119.600922 23.210734 119.589265 23.217225 119.575886 23.225113 119.564712 23.208095 119.566323 23.198679 119.564626 23.186095 119.585688 23.180796 119.604367 23.179520 119.614859 23.182685 119.622950 23.174655 119.626638 23.192299 119.671590 23.181494 119.676552 23.168045 119.724675 23.197239 119.821864 23.181489 119.829449
Then southeasterly back to the commencement point.
Excluding those parts of the Nyiyaparli (WAD6280 of 1998) claim area which were covered by:
(i)Exploration licence 47/427;
(ii)Exploration licence 47/428;
(iii)Exploration licence 47/429;
(iv)Exploration licence 47/751
as at the date the Nyiyaparli claim was filed on 29 September 1998.
(d)Caramulla Creek
All those lands and waters commencing at the intersection of a northern boundary of the western severance of Reserve 41265 with Longitude 120.301861 East; Then northerly to the intersection with a southern boundary of the southern severance of Pastoral Lease N049724 (Ethel Creek) at Longitude 120.300623 East; Then easterly, northerly and again easterly along the boundaries of that pastoral lease to Longitude 120.371035 East; Then southerly to the intersection with a northwestern boundary of Reserve 9700 at Latitude 23.415873 South; Then southwesterly along the northwestern boundaries of that reserve to the intersection with a northern boundary of the western severance of Reserve 41265; Then westerly along the northern boundary of the western severance of that reserve back to the commencement point.
Excluding:
(i)Those parts of the Nyiyaparli (WAD6280 of 1998) claim area which were covered by:
(A)Exploration licence 52/172;
(B)Exploration licence 52/0018;
as at the date the Nyiyaparli claim was filed on 29 September 1998.
(ii)For the avoidance of doubt:
(A)Road 01 (Historical), being part of the old alignment of the Great Northern Highway as described in Schedule Four, clause 4;
(B)Road 14 (Historical), being the Weelarrana-Ethel Creek Road as described in Schedule Four, clause 4.
(e)Mintaramunya (Mount Newman)
All those lands and waters commencing at Latitude 23.273889 South, Longitude 119.594217 East and extending generally westerly, generally southwesterly, again generally westerly, generally northeasterly, generally southeasterly and westerly through the following coordinate positions:
LATITUDE (SOUTH) LONGITUDE (EAST) 23.274091 119.593396 23.274170 119.593068 23.274241 119.592777 23.274410 119.592110 23.274484 119.591799 23.274525 119.591614 23.274560 119.591441 23.274590 119.591276 23.274615 119.591118 23.274632 119.590997 23.274647 119.590874 23.274673 119.590619 23.274693 119.590350 23.274708 119.590061 23.274717 119.589787 23.274722 119.589480 23.274727 119.588353 23.274727 119.588043 23.274721 119.587718 23.274709 119.587376 23.274690 119.587009 23.274670 119.586693 23.274645 119.586339 23.274556 119.585205 23.274526 119.584807 23.274501 119.584433 23.274482 119.584094 23.274469 119.583786 23.274460 119.583493 23.274456 119.583213 23.274457 119.582944 23.274460 119.582788 23.274465 119.582625 23.274472 119.582453 23.274482 119.582270 23.274504 119.581926 23.274566 119.581084 23.274581 119.580851 23.274592 119.580641 23.274600 119.580414 23.274605 119.580201 23.274605 119.579999 23.274602 119.579805 23.274597 119.579707 23.274590 119.579604 23.274579 119.579496 23.274566 119.579381 23.274534 119.579156 23.274466 119.578734 23.274440 119.578563 23.274417 119.578388 23.274401 119.578231 23.274394 119.578140 23.274390 119.578053 23.274387 119.577969 23.274388 119.577887 23.274390 119.577808 23.274395 119.577731 23.274402 119.577656 23.274412 119.577583 23.274431 119.577470 23.274456 119.577352 23.274487 119.577229 23.274524 119.577098 23.274559 119.576983 23.274601 119.576856 23.274751 119.576427 23.274806 119.576264 23.274987 119.575711 23.275091 119.575399 23.275192 119.575107 23.275288 119.574846 23.275389 119.574590 23.275490 119.574352 23.275541 119.574238 23.275592 119.574129 23.275644 119.574022 23.275697 119.573918 23.275765 119.573792 23.275840 119.573662 23.275922 119.573528 23.276014 119.573387 23.276101 119.573260 23.276199 119.573119 23.276558 119.572622 23.276701 119.572419 23.276844 119.572207 23.276907 119.572107 23.276966 119.572012 23.277055 119.571861 23.277146 119.571701 23.277240 119.571532 23.277339 119.571350 23.277517 119.571009 23.277940 119.570188 23.278055 119.569968 23.278161 119.569772 23.278343 119.569444 23.278536 119.569104 23.278743 119.568747 23.278967 119.568367 23.279164 119.568037 23.279386 119.567671 23.280382 119.566037 23.280638 119.565611 23.280866 119.565224 23.281094 119.564832 23.281304 119.564460 23.281502 119.564104 23.281687 119.563759 23.281886 119.563380 23.282089 119.562983 23.282301 119.562564 23.282524 119.562113 23.282724 119.561704 23.282945 119.561248 23.283877 119.559304 23.284527 119.557972 23.284770 119.557471 23.284903 119.557189 23.285026 119.556926 23.285141 119.556675 23.285248 119.556434 23.285400 119.556099 23.285697 119.555465 23.285816 119.555208 23.285935 119.554939 23.286038 119.554697 23.286094 119.554556 23.286147 119.554419 23.286195 119.554286 23.286240 119.554156 23.286281 119.554029 23.286319 119.553904 23.286354 119.553781 23.286385 119.553660 23.286438 119.553432 23.286487 119.553202 23.286530 119.552969 23.286569 119.552734 23.286602 119.552498 23.286629 119.552262 23.286652 119.552026 23.286669 119.551792 23.286676 119.551645 23.286679 119.551495 23.286680 119.551341 23.286677 119.551184 23.286670 119.551023 23.286661 119.550856 23.286647 119.550685 23.286631 119.550506 23.286613 119.550346 23.286593 119.550178 23.286543 119.549812 23.286490 119.549466 23.286370 119.548714 23.286324 119.548413 23.286256 119.547961 23.286183 119.547514 23.286107 119.547074 23.286026 119.546639 23.285941 119.546210 23.285852 119.545786 23.285759 119.545368 23.285661 119.544956 23.285611 119.544758 23.285549 119.544539 23.285485 119.544324 23.285316 119.543778 23.285269 119.543620 23.285229 119.543477 23.285187 119.543317 23.285150 119.543166 23.285119 119.543023 23.285092 119.542884 23.285057 119.542673 23.285025 119.542458 23.284997 119.542239 23.284972 119.542017 23.284952 119.541790 23.284935 119.541561 23.284921 119.541329 23.284912 119.541093 23.284900 119.540659 23.284898 119.540498 23.284899 119.540352 23.284903 119.540209 23.284910 119.540075 23.284920 119.539948 23.284933 119.539826 23.284942 119.539754 23.284955 119.539680 23.284971 119.539604 23.284989 119.539523 23.285011 119.539435 23.285038 119.539339 23.285155 119.538950 23.285202 119.538779 23.285225 119.538686 23.285244 119.538598 23.285259 119.538515 23.285271 119.538434 23.285285 119.538296 23.285295 119.538150 23.285301 119.537996 23.285302 119.537830 23.285300 119.537691 23.285295 119.537537 23.285267 119.536960 23.285258 119.536719 23.285244 119.535850 23.285239 119.535641 23.285232 119.535453 23.285221 119.535247 23.285208 119.535055 23.285191 119.534873 23.285171 119.534700 23.285156 119.534559 23.285121 119.534182 23.285108 119.534071 23.285092 119.533973 23.285070 119.533863 23.285044 119.533763 23.285012 119.533671 23.284995 119.533628 23.284976 119.533586 23.284939 119.533512 23.284899 119.533440 23.284859 119.533371 23.284816 119.533306 23.284773 119.533245 23.284729 119.533189 23.284684 119.533137 23.284638 119.533090 23.284600 119.533055 23.284560 119.533020 23.284516 119.532986 23.284469 119.532952 23.284420 119.532919 23.284368 119.532886 23.284256 119.532824 23.284192 119.532792 23.284124 119.532766 23.284053 119.532743 23.283979 119.532725 23.283902 119.532710 23.283821 119.532700 23.283736 119.532694 23.283647 119.532692 23.283562 119.532693 23.283473 119.532698 23.283378 119.532706 23.283276 119.532718 23.283091 119.532744 23.282750 119.532801 23.282619 119.532821 23.282478 119.532839 23.282149 119.532869 23.282001 119.532885 23.281922 119.532897 23.281850 119.532910 23.281782 119.532924 23.281719 119.532939 23.281649 119.532960 23.281585 119.532984 23.281524 119.533010 23.281468 119.533039 23.281416 119.533071 23.281367 119.533106 23.281323 119.533144 23.281282 119.533185 23.281249 119.533225 23.281215 119.533272 23.281182 119.533324 23.281093 119.533473 23.281064 119.533518 23.281036 119.533555 23.280949 119.533668 23.280901 119.533725 23.280852 119.533774 23.280829 119.533793 23.280806 119.533810 23.280772 119.533829 23.280734 119.533843 23.280692 119.533852 23.280645 119.533857 23.280600 119.533857 23.280550 119.533855 23.280360 119.533832 23.280283 119.533826 23.280242 119.533826 23.280205 119.533828 23.280171 119.533833 23.280140 119.533841 23.280091 119.533857 23.280042 119.533877 23.279991 119.533902 23.279937 119.533932 23.279839 119.533995 23.279605 119.534158 23.279540 119.534198 23.279481 119.534232 23.279388 119.534278 23.279174 119.534379 23.279078 119.534426 23.279006 119.534465 23.278932 119.534510 23.278856 119.534560 23.278775 119.534617 23.278703 119.534672 23.278623 119.534734 23.278347 119.534960 23.278237 119.535047 23.278123 119.535132 23.278019 119.535203 23.277958 119.535241 23.277898 119.535275 23.277840 119.535305 23.277783 119.535332 23.277726 119.535355 23.277670 119.535376 23.277614 119.535393 23.277558 119.535406 23.277483 119.535420 23.277404 119.535432 23.277321 119.535441 23.277234 119.535448 23.277143 119.535452 23.277045 119.535453 23.276941 119.535453 23.276825 119.535450 23.276760 119.535446 23.276689 119.535439 23.276367 119.535394 23.276290 119.535385 23.276221 119.535381 23.276010 119.535369 23.275897 119.535367 23.275843 119.535368 23.275793 119.535372 23.275745 119.535377 23.275701 119.535385 23.275656 119.535396 23.275611 119.535411 23.275566 119.535430 23.275521 119.535452 23.275476 119.535478 23.275431 119.535508 23.275385 119.535542 23.275338 119.535580 23.275261 119.535651 23.275176 119.535736 23.275098 119.535821 23.274918 119.536023 23.274830 119.536116 23.274750 119.536194 23.274675 119.536259 23.274259 119.536600 23.273998 119.536809 23.273754 119.536996 23.273640 119.537081 23.273529 119.537160 23.273402 119.537251 23.273108 119.537468 23.272974 119.537564 23.272832 119.537662 23.272703 119.537745 23.272632 119.537788 23.272562 119.537828 23.272494 119.537864 23.272428 119.537897 23.272362 119.537927 23.272298 119.537954 23.272234 119.537977 23.272171 119.537999 23.272103 119.538018 23.272031 119.538033 23.271955 119.538045 23.271873 119.538055 23.271791 119.538061 23.271699 119.538065 23.271338 119.538069 23.271184 119.538076 23.271101 119.538082 23.271025 119.538091 23.270953 119.538104 23.270884 119.538118 23.270669 119.538171 23.270540 119.538207 23.270479 119.538227 23.270423 119.538248 23.270371 119.538271 23.270322 119.538295 23.270267 119.538328 23.270208 119.538371 23.270142 119.538426 23.270008 119.538551 23.269948 119.538602 23.269884 119.538652 23.269853 119.538671 23.269823 119.538689 23.269789 119.538706 23.269753 119.538722 23.269716 119.538736 23.269677 119.538748 23.269636 119.538759 23.269594 119.538767 23.269504 119.538779 23.269413 119.538785 23.269311 119.538786 23.269205 119.538782 23.268913 119.538766 23.268826 119.538765 23.268748 119.538766 23.268660 119.538772 23.268580 119.538783 23.268506 119.538800 23.268437 119.538821 23.268369 119.538850 23.268299 119.538886 23.268228 119.538931 23.268154 119.538984 23.268090 119.539034 23.268020 119.539094 23.267795 119.539298 23.267712 119.539371 23.267630 119.539437 23.267555 119.539493 23.267476 119.539542 23.267401 119.539582 23.267363 119.539599 23.267326 119.539613 23.267289 119.539625 23.267252 119.539634 23.267201 119.539644 23.267144 119.539651 23.267077 119.539656 23.266869 119.539665 23.266803 119.539672 23.266745 119.539683 23.266663 119.539703 23.266579 119.539729 23.266492 119.539761 23.266402 119.539799 23.266309 119.539842 23.266212 119.539891 23.266108 119.539948 23.265995 119.540014 23.265922 119.540060 23.265849 119.540111 23.265773 119.540168 23.265694 119.540233 23.265627 119.540292 23.265553 119.540358 23.265240 119.540650 23.265166 119.540717 23.265097 119.540775 23.264944 119.540899 23.264776 119.541034 23.263993 119.541646 23.263806 119.541794 23.263640 119.541929 23.263406 119.542126 23.263147 119.542349 23.262904 119.542564 23.262338 119.543068 23.262061 119.543311 23.261808 119.543527 23.261575 119.543720 23.261406 119.543851 23.261216 119.543992 23.261021 119.544129 23.260498 119.544492 23.260344 119.544602 23.260207 119.544704 23.260054 119.544823 23.259915 119.544939 23.259786 119.545053 23.259667 119.545168 23.259557 119.545280 23.259448 119.545397 23.259339 119.545517 23.259231 119.545641 23.259124 119.545770 23.259018 119.545902 23.258912 119.546038 23.258807 119.546178 23.258704 119.546321 23.258601 119.546469 23.258499 119.546620 23.258398 119.546774 23.258298 119.546933 23.258200 119.547094 23.258102 119.547259 23.258006 119.547427 23.257927 119.547572 23.257848 119.547719 23.257771 119.547869 23.257696 119.548023 23.257622 119.548179 23.257550 119.548338 23.257479 119.548500 23.257409 119.548665 23.257341 119.548832 23.257275 119.549002 23.257210 119.549175 23.257147 119.549350 23.257085 119.549527 23.257026 119.549706 23.256968 119.549888 23.256912 119.550072 23.256855 119.550265 23.256802 119.550452 23.256752 119.550633 23.256707 119.550809 23.256664 119.550981 23.256624 119.551150 23.256587 119.551314 23.256554 119.551476 23.256523 119.551635 23.256495 119.551791 23.256471 119.551944 23.256449 119.552094 23.256430 119.552242 23.256414 119.552387 23.256401 119.552530 23.256390 119.552670 23.256383 119.552843 23.256381 119.553019 23.256386 119.553200 23.256398 119.553384 23.256416 119.553573 23.256440 119.553768 23.256472 119.553970 23.256509 119.554180 23.256545 119.554354 23.256585 119.554537 23.256631 119.554728 23.256682 119.554934 23.256784 119.555314 23.257039 119.556230 23.257104 119.556476 23.257160 119.556698 23.257215 119.556931 23.257262 119.557149 23.257302 119.557358 23.257336 119.557558 23.257387 119.557902 23.257441 119.558286 23.257613 119.559589 23.257681 119.560086 23.257751 119.560571 23.257917 119.561685 23.257992 119.562210 23.258172 119.563468 23.258250 119.564042 23.258287 119.564341 23.258319 119.564621 23.258347 119.564887 23.258370 119.565142 23.258377 119.565242 23.258381 119.565354 23.258383 119.565474 23.258384 119.565823 23.258387 119.565932 23.258392 119.566029 23.258402 119.566139 23.258415 119.566241 23.258433 119.566336 23.258456 119.566426 23.258489 119.566536 23.258528 119.566646 23.258572 119.566757 23.258621 119.566867 23.258674 119.566975 23.258731 119.567081 23.258791 119.567184 23.258854 119.567284 23.258886 119.567329 23.258921 119.567375 23.258961 119.567421 23.259004 119.567468 23.259099 119.567563 23.259300 119.567750 23.259384 119.567830 23.259427 119.567875 23.259467 119.567919 23.259502 119.567961 23.259535 119.568003 23.259577 119.568061 23.259617 119.568122 23.259657 119.568185 23.259696 119.568252 23.259734 119.568321 23.259772 119.568394 23.259809 119.568471 23.259846 119.568553 23.259905 119.568693 23.259967 119.568852 23.260024 119.569005 23.260154 119.569365 23.260220 119.569539 23.260283 119.569695 23.260344 119.569834 23.260383 119.569915 23.260428 119.570003 23.260482 119.570103 23.260647 119.570398 23.260697 119.570493 23.260739 119.570579 23.260784 119.570679 23.260820 119.570773 23.260849 119.570865 23.260871 119.570953 23.260883 119.571024 23.260891 119.571098 23.260894 119.571177 23.260893 119.571261 23.260888 119.571348 23.260879 119.571444 23.260831 119.571823 23.260822 119.571908 23.260815 119.571983 23.260811 119.572069 23.260811 119.572148 23.260815 119.572223 23.260822 119.572293 23.260835 119.572362 23.260851 119.572432 23.260872 119.572502 23.260898 119.572573 23.260928 119.572644 23.260963 119.572717 23.261002 119.572791 23.261047 119.572867 23.261087 119.572930 23.261130 119.572994 23.261230 119.573133 23.261332 119.573265 23.261579 119.573575 23.261697 119.573733 23.261752 119.573810 23.261801 119.573884 23.261846 119.573955 23.261885 119.574024 23.261920 119.574090 23.261952 119.574156 23.261979 119.574220 23.262003 119.574284 23.262024 119.574347 23.262041 119.574410 23.262054 119.574473 23.262064 119.574535 23.262073 119.574619 23.262080 119.574707 23.262085 119.574799 23.262088 119.574896 23.262089 119.574998 23.262087 119.575107 23.262077 119.575357 23.262068 119.575469 23.262051 119.575593 23.262032 119.575711 23.261982 119.575986 23.261961 119.576119 23.261947 119.576239 23.261941 119.576348 23.261940 119.576501 23.261945 119.576658 23.261956 119.576820 23.261973 119.576986 23.261997 119.577158 23.262026 119.577334 23.262062 119.577517 23.262105 119.577706 23.262157 119.577920 23.262201 119.578079 23.262223 119.578151 23.262246 119.578219 23.262270 119.578283 23.262294 119.578343 23.262323 119.578406 23.262360 119.578474 23.262398 119.578537 23.262489 119.578682 23.262531 119.578754 23.262565 119.578820 23.262591 119.578882 23.262614 119.578948 23.262633 119.579018 23.262649 119.579094 23.262663 119.579176 23.262672 119.579248 23.262680 119.579331 23.262700 119.579605 23.262709 119.579707 23.262720 119.579806 23.262735 119.579894 23.262813 119.580333 23.262836 119.580452 23.262860 119.580557 23.262887 119.580667 23.262917 119.580768 23.262949 119.580862 23.262983 119.580951 23.263006 119.581000 23.263031 119.581051 23.263060 119.581102 23.263092 119.581157 23.263164 119.581266 23.263316 119.581483 23.263379 119.581575 23.263440 119.581675 23.263489 119.581767 23.263545 119.581885 23.263598 119.582010 23.263649 119.582141 23.263698 119.582278 23.263746 119.582423 23.263792 119.582576 23.263838 119.582738 23.263883 119.582913 23.263908 119.583027 23.263931 119.583155 23.263949 119.583279 23.263986 119.583572 23.264009 119.583716 23.264035 119.583850 23.264050 119.583910 23.264065 119.583968 23.264079 119.584012 23.264095 119.584057 23.264136 119.584155 23.264180 119.584247 23.264295 119.584476 23.264324 119.584540 23.264349 119.584598 23.264373 119.584662 23.264393 119.584724 23.264407 119.584782 23.264417 119.584840 23.264425 119.584916 23.264429 119.584997 23.264429 119.585083 23.264425 119.585174 23.264417 119.585269 23.264404 119.585372 23.264388 119.585487 23.264364 119.585631 23.264353 119.585687 23.264338 119.585746 23.264320 119.585807 23.264298 119.585872 23.264252 119.585992 23.264133 119.586273 23.264105 119.586347 23.264081 119.586414 23.264061 119.586484 23.264045 119.586551 23.264034 119.586615 23.264027 119.586676 23.264024 119.586766 23.264027 119.586860 23.264036 119.586960 23.264051 119.587067 23.264069 119.587166 23.264093 119.587277 23.264197 119.587717 23.264234 119.587874 23.264280 119.588048 23.264328 119.588212 23.264444 119.588598 23.264498 119.588789 23.264542 119.588961 23.264628 119.589346 23.264669 119.589516 23.264694 119.589607 23.264720 119.589692 23.264746 119.589772 23.264774 119.589846 23.264824 119.589973 23.264866 119.590075 23.264907 119.590167 23.264946 119.590250 23.264986 119.590329 23.265026 119.590401 23.265067 119.590468 23.265109 119.590530 23.265141 119.590573 23.265178 119.590616 23.265219 119.590659 23.265265 119.590701 23.265315 119.590744 23.265371 119.590789 23.265603 119.590959 23.265699 119.591035 23.265749 119.591079 23.265794 119.591122 23.265834 119.591164 23.265870 119.591208 23.265932 119.591292 23.265992 119.591383 23.266052 119.591482 23.266111 119.591589 23.266169 119.591703 23.266228 119.591829 23.266289 119.591969 23.266360 119.592139 23.266380 119.592192 23.266400 119.592248 23.266418 119.592309 23.266435 119.592375 23.266464 119.592500 23.266529 119.592813 23.266549 119.592899 23.266570 119.592974 23.266596 119.593054 23.266624 119.593128 23.266654 119.593194 23.266688 119.593255 23.266724 119.593310 23.266765 119.593365 23.266812 119.593419 23.266866 119.593475 23.266918 119.593525 23.266978 119.593578 23.267201 119.593763 23.267289 119.593841 23.267335 119.593884 23.267376 119.593925 23.267413 119.593965 23.267448 119.594005 23.267486 119.594054 23.267524 119.594107 23.267563 119.594164 23.267603 119.594228 23.267673 119.594348 23.267694 119.594387 23.267694 119.594217
Then southerly back to the commencement point.
Excluding those parts of the Nyiyaparli (WAD6280 of 1998) claim area which were covered by:
(i)Exploration licence E47/280;
(ii)Exploration licence E47/751;
(iii)Exploration licence E47/807
as at the date the Nyiyaparli claim was filed on 29 September 1998.
(f)Jimblebar Creek
All those lands and waters commencing at the intersection of a northern boundary of Pastoral Lease N049932 (Sylvania) with Longitude 120.216343 East; Then westerly along the northern boundary of that pastoral lease to Longitude 120.160604 East; Then northerly through the following coordinate positions:
LATITUDE (SOUTH) LONGITUDE (EAST) 23.362113 120.160593 23.289470 120.160593
Then northwesterly to a southeastern corner of the southern severance of Pastoral Lease N049724 (Ethel Creek) at approximate Latitude 23.266514 South, Longitude 120.157687 East; Then northerly and easterly along the boundaries of that pastoral lease to Longitude 120.216406 East; Then southerly back to the commencement point.
Excluding:
(i)That part of the Nyiyaparli (WAD6280 of 1998) claim area which was covered by mining lease AM 7000266 (M266SA) as at the date the Nyiyaparli claim was filed on 29 September 1998.
(ii)For the avoidance of doubt, Road 01 (Historical), being part of the old alignment of the Great Northern Highway as described in Schedule Four, clause 4.
Note in respect of technical descriptions in Schedule Three, clause 2:
Geographic Coordinates provided in Decimal Degrees.
All referenced Deposited Plans and Diagrams are held by the Western Australian Land Information Authority, trading as Landgate.
Cadastral boundaries sourced from Landgate’s Spatial Cadastral Database dated 29 March 2018.
Datum:Geocentric Datum of Australia 1994 (GDA94)
Prepared By: Graphic Services (Landgate) 7 August 2018
Use of Coordinates:
Where coordinates are used within the description to represent cadastral or topographical boundaries or the intersection with such, they are intended as a guide only. As an outcome to the custodians of cadastral and topographic data continuously recalculating the geographic position of their data based on improved survey and data maintenance procedures, it is not possible to accurately define such a position other than by detailed ground survey.
SCHEDULE FOUR
AREAS WHERE NATIVE TITLE DOES NOT EXIST (PARAGRAPH 2)
Native title does not exist in relation to land and waters the subject of the following interests within the Determination Area which, with the exception of public works (as described in clause 5 of this Schedule), are generally shown as shaded in pink on the maps in Schedule Two:
1.FREEHOLD
Grants of estates in fee simple within the Determination Area including the following:
Freehold No. CT0110700649 CT0128700662 CT0129200383 CT0129200384 CT0150300791 CT0218200337 CT0284500317 CT0284500318
2. RESERVES
Reserve No. Current / Last Purpose 17562 Water 17563 Water Supply and Battery Site 37344 Quarry Purposes 41155 Repeater Station Site 41702 Repeater Station Site 42274 Repeater Station Site 43076 Regenerator Site 43277 Regenerator Site 44274 Rubbish Disposal Site 44387 Recreation (Gun Club and Rifle Club) 3. LEASES
(a)Grants of the following leases, subject to clause 3(b) below in respect of special leases GE N088235 (formerly 3116/03684), 3116/03685 and 3116/03686:
Lease No. Current / Last Purpose GE I123595 Quarry for the production of railway ballast a stockpile area for the storage of the said railway ballast and other materials and equipment and a site for maintenance and construction workers' accommodation workshops and ancillary facilities for the requirements of the Lessees in the operation and maintenance of the railway constructed pursuant to the Agreement GE I126374 Laying out development construction and provision of a water supply and ancillary installations and facilities for drawing conserving reticulating and supplying water for the requirements of the Lessees in the operation and maintenance of the railway constructed pursuant to the Agreement GE I126948 Railway spur GE I154279 (formerly 3116/03687) Construction development maintenance use and operation of
(i) a railway and a service road between the mine and the port
(ii) all works facilities and services ancillary to the railway and service road referred to aboveGE I163682 Construction development maintenance use and operation of radio communications and ancillary installations and facilities GE J717063 The final design, construction, use, operation and maintenance of a rail spur line and associated access road from the Mining Lease to the West Angelas Spur Line together with associated infrastructure as detailed in the Approved Proposals and for ancillary and incidental purposes thereto including in accordance with the Approved Proposals the construction, use, operation and maintenance of borrow pits for the taking of soil and of water bores GE J717064 The final design, construction, use and maintenance of a private access road from the Great Northern Highway to the Mining Lease to service the mining operations area and permanent accommodation village and for ancillary and incidental purposes thereto including in accordance with the Approved Proposals the construction, use, operation and maintenance of borrow pits and of water bores GE N088235 (formerly 3116/03684) The construction development maintenance use and operation of -
(i) a water supply for supplying water to the Mineral Lease and to the other areas demised to the Lessees in the vicinity of the Mineral Lease; and
(ii) all installations and facilities for conserving drawing reticulating and supplying water to the Mineral Lease and to the other areas demised to the Lessees in the vicinity of the Mineral Lease ancillary to all or any of the improvements referred to in paragraph (i)GE N105667 (formerly 3116/04028) Construction development maintenance use and operation of radio communications and ancillary installations and facilities 3116/02717 Grazing 3116/03683 Construction development maintenance use and operation of an aerodrome and ancillary installations and facilities 3116/03685 Construction development maintenance use and operation of -
(i) the greenbelt roads and ancillary facilities and amenities for the mine townsite and the town common surrounding the mine townsite
(ii) the control by the Lessees of any undesirable persons or elements who or which are or may be attracted to or in the vicinity of the said townsite or to any other operations in the vicinity thereof;
(iii) all works facilities and improvements ancillary to all or any of the matters referred to in paragraphs (i) and (ii) of this sub-clause3116/03686 Construction development maintenance use and operation of -
(i) a townsite for the purpose of the Lessees' operations contemplated in the Agreement;
(ii) without limiting the foregoing the townsite, housing, shopping facilities, health, educational, social, recreational and welfare services, amenities, benefits and facilities, communication facilities and other residential and community services, utilities and facilities for the mine townsite;
(iii) the railway and service road constructed pursuant to the Agreement;
(iv) all works facilities and services ancillary to all or any of the improvements and matters referred to in paragraphs (i), (ii) and (iii)
(b)In respect of special leases GE N088235 (formerly 3116/03684), 3116/03685 and 3116/03686 listed above, the relevant area is the area originally granted (meaning, in the case of GE N088235 (formerly 3116/03684), the area originally granted under special lease 3116/03684 for the avoidance of doubt), but omitting:
(i)Reserve 42835 (Parnpajinya), being an area to which s 47A of the Native Title Act applies as set out in Schedule Five, clause 1; and
(ii)The following areas of unallocated Crown land, being areas to which s 47B of the Native Title Act applies as set out in Schedule Five, clause 2:
Area Description / location UCL 002 Lot 401 on DP 71872 UCL 005 Lot 402 on DP 71872 UCL 021 Lot 370 on DP 71869 UCL 022 Lot 349 on DP 74327 UCL 024 Lot 352 on DP 74327 UCL 026 Lot 353 on DP 74327 UCL 029 Lot 369 on DP 71870 UCL 030 Lot 510 on DP 73722 UCL 031 Lot 300 on DP 65155 UCL 032 Lot 510 on DP 73722 UCL 033 Lot 301 on DP 47460 UCL 034 Lot 348 on DP 71871 UCL 036 Lot 552 on DP 71668 UCL 039 Lot 1789 on DP 216374 UCL 043 Lot 72 on DP 216352, except to the extent covered by mineral lease AML700244 as at 29 September 1998 UCL 049 Lot 550 on DP 71666 UCL 050 Lot 1500 on DP 215129 UCL 052 Lot 300 on DP 64866 UCL 055 Lot 1976 on DP 216852 UCL 057 Lot 551 on DP 71667 UCL 093 Area bounded by Road 010, UCL 023 (Lot 2354 on DP 218837), general lease GE K858923, special lease 3116/03684, general lease GE I150289 and reserves 38674 and 39117, being the area of unallocated Crown land generally south of UCL 029 (Lot 369 on DP 71870) and UCL 032 (Lot 510 on DP 73722) UCL 094 Area bounded by Road 010 and reserves 38674 and 39117
4. ROADS
Dedicated roads, roads set aside, taken or resumed, or roads which are to be considered public works (as that expression is defined in the Native Title Act and the Titles (Validation) and Native Title (Effect of Past Acts) Act 1995 (WA)), including the following:
MapInfo ID Description Shown in ROAD 084 Road No. 3857 (part of Marble Bar Road) Roy Hill 1:250,000 cadastral map dated April 1968
Government Gazette dated 10 June 1910, 1 April 1977 and 14 September 1979ROAD 085 Road No. 14501 Original plan 11376
Government Gazette dated 3 March 1972ROAD 086 Road No. 15053 (part of Marble Bar Road) Roy Hill 1:250,000 (250) Public Plan prepared 4 October 1988
Government Gazette dated 19 July 1974ROAD 102 Road No. 4274 Public Plan 503168 (99/300 No.3) cancelled on 8 February 1923
Public Plan 503101 (90/300 No.2) cancelled on 1 June 1916
Public Plan 506518 (80/300 No.2) cancelled on 31 October 1916ROAD 103 Jigalong Mission Road Public Plan 503111 (99/300 No.8) cancelled on 20 January 1971
Public Plan 506520A (80/300 No.5) cancelled on 24 April 1946
Government Gazette dated 10 March 1944ROAD 104 Road No. 9170 (Noreena-Roy Hill Road) Public Plan 503165 (98/300 No.8) cancelled on 16 July 1965
Government Gazette dated 3 and 10 March 1933ROAD 105 Road No. 9169 (Munjina-Roy Hill Road) Public plan 503165 (98/300 No.8) cancelled on 16 July 1965
Government Gazette dated 3 and 10 March 1933ROAD 106 Road No. 8172 Public plan 503111 (91/300 No.8) cancelled on 20 January 1971
Public Plan 506523 (80/300) cancelled on 20 January 1972
Government Gazette dated 6 and 13 September 1929, 14 December 1951 and 18 January 1952ROAD 107 Road No. 6588 Public Plan 503111 (91/300 No.8) cancelled on 20 January 1971
Public Plan 506523 (80/300) cancelled on 20 January 1972
Government Gazette dated 24 February 1922 and 3 March 1922ROAD 01 (Historical) Part of old alignment of Great Northern Highway Public Plan 503111 (91/300 No.8) cancelled on 20 January 1971
Robertson SF51-13 topographic map published 1965
Roberston (250) Public Plan dated 1991ROAD 13 (Historical) Road No. 3857 Public Plan 503160 (98/300 No.4) cancelled on 6 May 1921
Government Gazette dated 10 June 1910, 1 April 1977 and 14 September 1979ROAD 14 (Historical) Weelarrana-Ethel Creek Road (part of old alignment of Great Northern Highway) Public Plan 503111 (91/300 No.8) cancelled on 20 January 1971
Government Gazette dated 10 March 1944 and 27 November 1987ROAD 15 (Historical) Road No. 8172 Public Plan 503109 (91/300 No. 6) cancelled on 7 September 1937
Government Gazette dated 6 September 1929
5. PUBLIC WORKS
Any other public works, as that expression is defined in the Native Title Act and the Titles (Validation) and Native Title (Effect of Past Acts) Act 1995 (WA) (including the land and waters on which a public work is constructed, established or situated as described in s 251D of the Native Title Act), and to which s 12J of the Titles (Validation) and Native Title (Effect of Past Acts) Act 1995 (WA) or s 23C(2) of the Native Title Act applies.
SCHEDULE FIVE
AREAS TO WHICH SECTIONS 47A AND 47B OF THE NATIVE TITLE ACT APPLY (PARAGRAPH 9)
1.SECTION 47A AREAS:
Section 47A of the Native Title Act applies with the effect that any extinguishment by the creation of the following interests (and by the creation of any other prior interests in relation to the area of the following interests) is to be disregarded:
(a)The following reserves for the purpose of "use and benefit of Aborigines", subject to clause 1(b) below in relation to Reserve 41265:
Reserve No. Name Reserve 11463 Well 61 Reserve 41265 Jigalong Reserve 42835 Parnpajinya
(b)For the avoidance of doubt, the area of Reserve 41265 does not include:
(i)Road 103, being the Jigalong Mission Road as described in Schedule Four, clause 4; or
(ii)Road 14 (Historical), being the Weelarrana-Ethel Creek Road as described in Schedule Four, clause 4
for the purposes of this Schedule Five and paragraph 9 of the Determination.
(c)The following pastoral leases, being leases which were held or on trust expressly for the benefit of Aboriginal peoples within the meaning of s 47A(1)(b)(ii) of the Native Title Act:
Lease No. Name PL N049404 Walagunya Station PL N049420 Mount Divide Station PL N049546 Robertson Range Station
2. SECTION 47B AREAS:
Section 47B of the Native Title Act applies with the effect that any extinguishment over the following areas by the creation of a prior interest (to the extent that the areas were not covered by an interest described in s 47B(1)(b)(i) or (ii) or subject to a resumption process as described in s 47B(1)(b)(iii) of the Native Title Act when the relevant native title determination application was made) is to be disregarded:
Area Description / location Wonmunna As described in Schedule Three, clause 2(a) Coondiner Creek As described in Schedule Three, clause 2(b) Karlka (Kalgan Creek) As described in Schedule Three, clause 2(c) Caramulla Creek As described in Schedule Three, clause 2(d) Mintaramunya (Mount Newman) As described in Schedule Three, clause 2(e) Jimblebar Creek As described in Schedule Three, clause 2(f) UCL 002 Lot 401 on DP 71872 UCL 005 Lot 402 on DP 71872 UCL 021 Lot 370 on DP 71869 UCL 022 Lot 349 on DP 74327 UCL 024 Lot 352 on DP 74327 UCL 026 Lot 353 on DP 74327 UCL 029 Lot 369 on DP 71870 UCL 030 Lot 510 on DP 73722 UCL 031 Lot 300 on DP 65155 UCL 032 Lot 510 on DP 73722 UCL 033 Lot 301 on DP 47460 UCL 034 Lot 348 on DP 71871 UCL 036 Lot 552 on DP 71668 UCL 039 Lot 1789 on DP 216374 UCL 043 Lot 72 on DP 216352, except to the extent covered by mineral lease AML700244 as at 29 September 1998 UCL 049 Lot 550 on DP 71666 UCL 050 Lot 1500 on DP 215129 UCL 052 Lot 300 on DP 64866 UCL 055 Lot 1976 on DP 216852 UCL 057 Lot 551 on DP 71667 UCL 093 Area bounded by Road 010, UCL 023 (Lot 2354 on DP 218837), general lease GE K858923, special lease 3116/3684, general lease GE I150289 and reserves 38674 and 39117, being the area of unallocated Crown land generally south of UCL 029 (Lot 369 on DP 71870) and UCL 032 (Lot 510 on DP 73722) UCL 094 Area bounded by Road 010 and reserves 38674 and 39117
SCHEDULE SIX
OTHER INTERESTS (PARAGRAPH 10)
The nature and extent of the Other Interests in relation to the Determination Area are as follows.
Land tenure interests registered with the Western Australian Land Information Authority are current as at 29 March 2018. Mining tenements and petroleum interests registered with the Department of Mines, Industry Regulation and Safety are current as at 15 June 2018. All other interests are current as at the date of the determination.1.RESERVES
(a)The following reserves:
Reserve No. Current Purpose RES 09698 Fortescue-Cue Stock Route RES 09700 De Grey-Peak Hill Stock Route RES 11463 (Well 61) Use and Benefit of Aboriginal Inhabitants RES 12297 Protection of the Rabbit-proof Fence No.1 RES 15159 Stock Route RES 17650 Racecourse RES 18938 Stock Route (Deviation) RES 41265 (Jigalong) Use and Benefit of Aboriginal Inhabitants RES 42835 (Parnpajinya) Use and Benefit of Aboriginal Inhabitants
(b)The rights and interests of persons who have the care, control and management of the reserves identified in clause 1(a) above;
(c)The rights and interests of persons entitled to access and use the reserves identified in clause 1(a) above for the respective purposes for which they are reserved, subject to any statutory limitations upon those rights; and
(d)The rights and interests of persons holding leases over areas of the reserves identified in clause 1(a) above, if any.
2. PASTORAL LEASES
(a)The following pastoral leases and the rights and interests of the holders from time to time of those leases:
Lease No. Station Name PL N049546 Robertson Range Station PL N049553 Balfour Downs Station PL N049879 Wandanya Station PL N050368 Marillana Station PL N049724 Ethel Creek Station PL N049404 Walagunya Station PL N050553 Prairie Downs Station PL N050094 Kumarina Station PL N049943 Bulloo Downs Station PL N050430 Bonney Downs Station PL N049932 Sylvania Station PL N049890 Weelarrana Station PL N050452 Hillside Station PL N049420 Mount Divide Station PL N050058 Noreena Downs Station PL N049548 Balfour Downs Station PL N050622 Roy Hill Station (b)Any rights and obligations of the pastoralists pursuant to the pastoral leases referred to in clause 2(a) above to adopt and exercise best practice management of the pasture and vegetation resources, livestock and soils within the boundaries of the pastoral leases in order to manage stock and for the management, conservation and regeneration of pasture for permitted uses.
3. LEASES
(a)The following leases and the rights and interests of the holders from time to time of those leases:
Lease No. Purpose GE H326098 Cultivation and grazing
4. ROADS
(a)The following roads and the rights and interests of the persons having the care, control and management of those roads from time to time, to the extent the areas of these roads do not fall within Schedule Four as areas where native title does not exist:
Map Info ID Description Shown in ROAD 013 Part of Great Northern Highway DP 217097 ROAD 014 Part of Great Northern Highway DP 217098 ROAD 015 Part of Great Northern Highway DP 217099 ROAD 017 Part of Great Northern Highway DP 219293 ROAD 018 Part of Great Northern Highway DP 219294 ROAD 019 Part of Great Northern Highway DP 219295 ROAD 020 Part of Great Northern Highway DP 219296 ROAD 021 Part of Great Northern Highway DP 219297 ROAD 022 Part of Great Northern Highway DP 219298 ROAD 023 Part of Great Northern Highway DP 219299 ROAD 024 Part of Great Northern Highway DP 219300 ROAD 025 Part of Great Northern Highway DP 219301 ROAD 026 Part of Great Northern Highway DP 219302 ROAD 027 Part of Great Northern Highway DP 50856 and DP 50859 (formerly DP 219303)
5. EASEMENTS
(a)The following easements and the rights and interests of the holders from time to time of those easements, to the extent the areas of these easements do not fall within Schedule Four as areas where native title does not exist:
Easement No. Description J717065 E Rail spur N248447 Electricity transmission line and associated infrastructure 6. MINING TENEMENTS AND PETROLEUM INTERESTS
(a)The following mining tenements under the Mining Act 1904 (WA) (repealed) and the Mining Act 1978 (WA) and the rights and interests of the holders from time to time of those mining tenements:
(i)Mining leases
Tenure ID Tenure ID Tenure ID Tenure ID M 4501102 M 4600337 M 4600412 M 4600491 M 4501124 M 4600338 M 4600413 M 4600518 M 4501125 M 4600339 M 4600414 M 4600519 M 4600080 M 4600340 M 4600415 M 4700514 M 4600081 M 4600341 M 4600416 M 4700580 M 4600121 M 4600342 M 4600417 M 4701233 M 4600249 M 4600343 M 4600418 M 4701414 M 4600292 M 4600344 M 4600419 M 4701423 M 4600293 M 4600345 M 4600420 M 4701424 M 4600314 M 4600346 M 4600421 M 4701439 M 4600315 M 4600347 M 4600422 M 4701461 M 4600316 M 4600348 M 4600423 M 5200007 M 4600317 M 4600349 M 4600424 M 5200010 M 4600318 M 4600350 M 4600437 M 5200059 M 4600319 M 4600351 M 4600438 M 5200062 M 4600320 M 4600352 M 4600439 M 5200211 M 4600321 M 4600353 M 4600440 M 5200609 M 4600322 M 4600354 M 4600450 M 5200661 M 4600323 M 4600355 M 4600451 M 5200790 M 4600324 M 4600356 M 4600452 M 5200791 M 4600325 M 4600357 M 4600453 M 5200798 M 4600326 M 4600401 M 4600454 M 5200803 M 4600327 M 4600402 M 4600481 M 5200804 M 4600328 M 4600403 M 4600482 M 5201034 M 4600329 M 4600404 M 4600483 M 5201043 M 4600330 M 4600405 M 4600484 M 5201052 M 4600331 M 4600406 M 4600485 M 5201053 M 4600332 M 4600407 M 4600486 M 5201063 M 4600333 M 4600408 M 4600487 M 5201064 M 4600334 M 4600409 M 4600488 M 5201070 M 4600335 M 4600410 M 4600489 M 4600336 M 4600411 M 4600490
(ii)Exploration licences
Tenure ID Tenure ID Tenure ID Tenure ID E 4502498 E 4601080 E 4702053 E 5202372 E 4502652 E 4601085 E 4702054 E 5202398 E 4600413 E 4601087 E 4702085 E 5202409 E 4600467 E 4601099 E 4702119 E 5202591 E 4600516 E 4601116 E 4702141 E 5202876 E 4600518 E 4601119 E 4702172 E 5202933 E 4600519 E 4601128 E 4702173 E 5203097 E 4600535 E 4601131 E 4702177 E 5203160 E 4600566 E 4601132 E 4702280 E 5203184 E 4600567 E 4601157 E 4702291 E 5203204 E 4600568 E 4601158 E 4702664 E 5203217 E 4600569 E 4601159 E 4702665 E 5203233 E 4600580 E 4601160 E 4702666 E 5203261 E 4600586 E 4601188 E 4703170 E 5203296 E 4600590 E 4601189 E 4703194 E 5203306 E 4600595 E 4700013 E 4703218 E 5203323 E 4600600 E 4700280 E 4703222 E 5203348 E 4600601 E 4700319 E 4703225 E 5203348 E 4600610 E 4700539 E 4703226 E 5203357 E 4600611 E 4700540 E 4703315 E 5203360 E 4600612 E 4700541 E 4703347 E 5203361 E 4600616 E 4700542 E 4703349 E 5203363 E 4600621 E 4700622 E 4703403 E 5203364 E 4600623 E 4700623 E 4703405 E 5203365 E 4600662 E 4700624 E 4703444 E 5203366 E 4600664 E 4701137 E 4703454 E 5203370 E 4600666 E 4701140 E 4703498 E 5203371 E 4600675 E 4701191 E 4703499 E 5203373 E 4600699 E 4701192 E 4703505 E 5203390 E 4600706 E 4701224 E 4703512 E 5203396 E 4600741 E 4701225 E 4703513 E 5203411 E 4600743 E 4701228 E 4703549 E 5203413 E 4600776 E 4701235 E 4703575 E 5203416 E 4600787 E 4701307 E 4703581 E 5203417 E 4600799 E 4701308 E 4703583 E 5203422 E 4600835 E 4701313 E 4703585 E 5203441 E 4600861 E 4701320 E 4703628 E 5203444 E 4600862 E 4701326 E 5200023 E 5203447 E 4600947 E 4701327 E 5201658 E 5203448 E 4600965 E 4701380 E 5201711 E 5203450 E 4601000 E 4701385 E 5201772 E 5203456 E 4601001 E 4701387 E 5201776 E 5203471 E 4601020 E 4701388 E 5201894 E 5203474 E 4601036 E 4701392 E 5201905 E 5203517 E 4601041 E 4701393 E 5201926 E 5203524 E 4601042 E 4701423 E 5201937 E 5203532 E 4601044 E 4701491 E 5202009 E 5203536 E 4601045 E 4701522 E 5202160 E 5203541 E 4601046 E 4701540 E 5202247 E 5203543 E 4601055 E 4701587 E 5202300 E 5203544 E 4601069 E 4701598 E 5202303 E 5203559 E 4601076 E 4701922 E 5202311 E 5203561 E 4601077 E 4702052 E 5202350 E 5203562 (iii)General purpose leases
Tenure ID Tenure ID Tenure ID Tenure ID G 4600007 G 5200083 G 5200151 G 5200219 G 5200008 G 5200084 G 5200152 G 5200220 G 5200015 G 5200085 G 5200153 G 5200221 G 5200018 G 5200086 G 5200154 G 5200222 G 5200019 G 5200087 G 5200155 G 5200223 G 5200020 G 5200088 G 5200156 G 5200224 G 5200021 G 5200089 G 5200157 G 5200225 G 5200022 G 5200090 G 5200158 G 5200226 G 5200023 G 5200091 G 5200159 G 5200227 G 5200024 G 5200092 G 5200160 G 5200228 G 5200025 G 5200093 G 5200161 G 5200229 G 5200026 G 5200094 G 5200162 G 5200230 G 5200027 G 5200095 G 5200163 G 5200231 G 5200028 G 5200096 G 5200164 G 5200232 G 5200029 G 5200097 G 5200165 G 5200233 G 5200030 G 5200098 G 5200166 G 5200234 G 5200031 G 5200099 G 5200167 G 5200235 G 5200032 G 5200100 G 5200168 G 5200236 G 5200033 G 5200101 G 5200169 G 5200237 G 5200034 G 5200102 G 5200170 G 5200238 G 5200035 G 5200103 G 5200171 G 5200239 G 5200036 G 5200104 G 5200172 G 5200240 G 5200037 G 5200105 G 5200173 G 5200241 G 5200038 G 5200106 G 5200174 G 5200242 G 5200039 G 5200107 G 5200175 G 5200243 G 5200040 G 5200108 G 5200176 G 5200244 G 5200041 G 5200109 G 5200177 G 5200245 G 5200042 G 5200110 G 5200178 G 5200246 G 5200043 G 5200111 G 5200179 G 5200247 G 5200044 G 5200112 G 5200180 G 5200248 G 5200045 G 5200113 G 5200181 G 5200249 G 5200046 G 5200114 G 5200182 G 5200250 G 5200047 G 5200115 G 5200183 G 5200251 G 5200048 G 5200116 G 5200184 G 5200252 G 5200049 G 5200117 G 5200185 G 5200253 G 5200050 G 5200118 G 5200186 G 5200254 G 5200051 G 5200119 G 5200187 G 5200255 G 5200052 G 5200120 G 5200188 G 5200256 G 5200053 G 5200121 G 5200189 G 5200258 G 5200054 G 5200122 G 5200190 G 5200259 G 5200055 G 5200123 G 5200191 G 5200260 G 5200056 G 5200124 G 5200192 G 5200261 G 5200057 G 5200125 G 5200193 G 5200262 G 5200058 G 5200126 G 5200194 G 5200263 G 5200059 G 5200127 G 5200195 G 5200264 G 5200060 G 5200128 G 5200196 G 5200265 G 5200061 G 5200129 G 5200197 G 5200266 G 5200062 G 5200130 G 5200198 G 5200267 G 5200063 G 5200131 G 5200199 G 5200268 G 5200064 G 5200132 G 5200200 G 5200269 G 5200065 G 5200133 G 5200201 G 5200270 G 5200066 G 5200134 G 5200202 G 5200271 G 5200067 G 5200135 G 5200203 G 5200272 G 5200068 G 5200136 G 5200204 G 5200273 G 5200069 G 5200137 G 5200205 G 5200274 G 5200070 G 5200138 G 5200206 G 5200276 G 5200071 G 5200139 G 5200207 G 5200277 G 5200072 G 5200140 G 5200208 G 5200278 G 5200073 G 5200141 G 5200209 G 5200279 G 5200074 G 5200142 G 5200210 G 5200280 G 5200075 G 5200143 G 5200211 G 5200281 G 5200076 G 5200144 G 5200212 G 5200282 G 5200077 G 5200145 G 5200213 G 5200283 G 5200078 G 5200146 G 5200214 G 5200284 G 5200079 G 5200147 G 5200215 G 5200285 G 5200080 G 5200148 G 5200216 G 5200081 G 5200149 G 5200217 G 5200082 G 5200150 G 5200218 (iv)Miscellaneous licences
Tenure ID Tenure ID Tenure ID Tenure ID L 4600035 L 4600112 L 4700627 L 5200087 L 4600036 L 4600124 L 4700642 L 5200088 L 4600037 L 4600130 L 4700654 L 5200099 L 4600040 L 4600133 L 4700655 L 5200101 L 4600047 L 4600134 L 4700656 L 5200103 L 4600048 L 4600135 L 4700658 L 5200105 L 4600049 L 4700092 L 4700660 L 5200108 L 4600051 L 4700193 L 4700693 L 5200109 L 4600052 L 4700197 L 4700702 L 5200115 L 4600053 L 4700198 L 4700726 L 5200123 L 4600057 L 4700346 L 4700727 L 5200131 L 4600064 L 4700347 L 4700735 L 5200141 L 4600066 L 4700378 L 4700752 L 5200157 L 4600080 L 4700399 L 4700757 L 5200163 L 4600084 L 4700400 L 4700766 L 5200174 L 4600085 L 4700417 L 4700770 L 5200177 L 4600096 L 4700420 L 4700772 L 5200178 L 4600099 L 4700515 L 4700809 L 5200179 L 4600100 L 4700555 L 5200079 L 5200181 L 4600104 L 4700559 L 5200083 L 5200183 L 4600110 L 4700569 L 5200084 L 4600111 L 4700626 L 5200086 (v)Prospecting licences
Tenure ID P 4601688 P 4701611 P 4701718 P 4701816 P 5201485 P 5201525 (vi)Retention licences
Tenure ID R 4600001 R 4600002 R 4700013 R 4700015 R 4700016 R 5200002 R 5200003 R 5200004 R 5200005 R 5200006 R 5200008 (vii)Temporary reserves
Tenure ID TR 7004192 TR 7004193 TR 7004266 TR 7004267 TR 7004737 TR 7004881 TR 7004882 TR 7004883 TR 7004884 TR 7007484
(b)The agreement as amended and ratified by the Goldfields Gas Pipeline Agreement Act 1994 (WA) and rights and interests comprised in, conferred under or in accordance with, or pursuant to that agreement, including the following interests:
Tenement ID Tenement Type PL24 Pipeline licence F924685 Easement (c)The agreement as amended and ratified by the Iron Ore (Hope Downs) Agreement Act 1992 (WA) and rights and interests comprised in, conferred under or in accordance with, or pursuant to that agreement, including the following mining tenements:
Tenement ID Tenement Type AM 7000282 (M 282SA) Mining lease (d)The agreement as amended and ratified by the Iron Ore (Goldsworthy-Nimingarra) Agreement Act 1972 (WA) and rights and interests comprised in, conferred under or in accordance with, or pursuant to that agreement, including the following mining tenements:
Tenement ID Tenement Type AM 7000263 (M 263SA) Mining lease (e)The agreement as amended and ratified by the Iron Ore (Hamersley Range) Agreement Act 1963 (WA) and rights and interests comprised in, conferred under or in accordance with, or pursuant to that agreement, including the following mining tenements:
Tenement ID Tenement Type AL 7000005 (L 5SA) Miscellaneous licence (f)The agreement as amended and ratified by the Iron Ore (Marillana Creek) Agreement Act 1991 (WA) and rights and interests comprised in, conferred under or in accordance with, or pursuant to that agreement, including the following mining tenements:
Tenement ID Tenement Type AM 7000270 (M 270SA) Mining lease
(g)The agreement as amended and ratified by the Iron Ore (Mount Goldsworthy) Agreement Act 1964 (WA) and rights and interests comprised in, conferred under or in accordance with, or pursuant to that agreement, including the following mining tenements:
Tenement ID Tenement Type AML 7000249 (ML 249SA) Mineral lease AML 7000281 (ML 281SA) Mineral lease (h)The agreement as amended and ratified by the Iron Ore (Mount Newman) Agreement Act 1964 (WA) and rights and interests comprised in, conferred under or in accordance with, or pursuant to that agreement, including the following mining tenements:
Tenement ID Tenement Type AML 7000244 (ML 244SA) Mineral lease (i)The agreement as amended and ratified by the Iron Ore (McCamey's Monster) Agreement Authorisation Act 1972 (WA) and rights and interests comprised in, conferred under or in accordance with, or pursuant to that agreement, including the following mining tenements:
Tenement ID Tenement Type AM 7000266 (M 266SA) Mining lease (j)The agreement as amended and ratified by the Iron Ore (Yandicoogina) Agreement Act 1996 (WA) and rights and interests comprised in, conferred under or in accordance with, or pursuant to that agreement, including the following mining tenements:
Tenement ID Tenement Type AM 7000274 (M 274SA) Mining lease (k)The agreement as amended and ratified by the Railway and Port (The Pilbara Infrastructure Pty Ltd) Agreement Act 2004 (WA) and rights and interests comprised in, conferred under or in accordance with, or pursuant to that agreement, including the following mining tenements:
Tenement ID Tenement Type AL 7000001 (L 1SA) Miscellaneous licence (l)The agreement as amended and ratified by the Railway (Roy Hill Infrastructure Pty Ltd) Agreement Act 2010 (WA) and rights and interests comprised in, conferred under or in accordance with, or pursuant to that agreement, including the following mining tenements:
Tenement ID Tenement Type AL 7000004 (L 4SA) Miscellaneous licence
7. ACCESS TO MINING AND PETROLEUM AREAS
(a)Without limiting the operation of any other clause in Schedule Six, but subject to clause 7(b) below, any rights of the holders from time to time of a mining tenement or petroleum title, including those referred to in clause 6 of Schedule Six, to use (including by servants, agents and contractors) such portions of existing roads and tracks in the Determination Area as necessary to have access to the area the subject of the mining tenement or petroleum title for the purposes of exercising the rights granted by that tenement or title.
(b)Nothing in clause 7(a) above allows any upgrade, extension, widening or other improvement to the road or track other than work done to maintain it in reasonable repair and in order to leave it in substantially the same condition as it was prior to its use pursuant to clause 7(a).
(c)Nothing in this Schedule Six will limit the rights of the holders from time to time of mining tenements or petroleum titles, including those referred to in clause 6 of Schedule Six, including, without limitation, any right to exclude members of the public from entering onto the land and waters the subject of any mining tenement or petroleum title.
8. TELSTRA CORPORATION LIMITED
The rights and interests of Telstra Corporation Limited (ACN 051 775 556):
(a)as the owner or operator of telecommunications facilities within the Determination Area;
(b)created pursuant to the Post and Telegraph Act 1901 (Cth), the Telecommunications Act 1975 (Cth), the Australian Telecommunications Corporation Act 1989 (Cth), the Telecommunications Act 1991 (Cth) and the Telecommunications Act 1997 (Cth), including rights:
(i)to inspect land;
(ii)to install, occupy and operate telecommunications facilities; and
(iii)to alter, remove, replace, maintain, repair and ensure the proper functioning of its telecommunications facilities;
(c)for its employees, agents or contractors to access its telecommunications facilities in and in the vicinity of the Determination Area in performance of their duties; and
(d)under any lease, licence, permit, access agreement or easement relating to its telecommunications facilities in the Determination Area.
9. INDIGENOUS LAND USE AGREEMENTS
The following Indigenous Land Use Agreements, including the rights and interests comprised in, conferred under, or in accordance with, or pursuant to, each agreement:
(a)The Nyiyaparli and BHP Billiton Comprehensive Agreement Initial Indigenous Land Use Agreement (Area Agreement) dated 26 June 2012, and registered on the Register of Indigenous Land Use Agreements on 13 March 2013 (Tribunal No. WI2012/005).
(b)The Nyiyaparli and BHP Billiton Comprehensive Agreement Further Indigenous Land Use Agreement (Area Agreement) (Nyiyaparli #3) dated 16 July 2015, and registered on the Register of Indigenous Land Use Agreements on 18 January 2016 (Tribunal No. WI2015/011).
(c)The RTIO and Nyiyaparli People Indigenous Land Use Agreement (Area Agreement) dated 12 July 2012, and registered on the Register of Indigenous Land Use Agreements on 13 March 2013 (Tribunal No. WI2012/007).
(d)The RTIO and Nyiyaparli People Additional ILUA (Area Agreement) for Nyiyaparli People's Native Title Claim #3 dated 9 October 2005, and registered on the Register of Indigenous Land Use Agreements on 10 March 2016 (Tribunal No. WI2015/013).
10. OTHER
The following rights and interests:
(a)rights and interests, including licences and permits, granted by the Crown in right of the State or of the Commonwealth pursuant to statute or otherwise in the exercise of its executive power and any regulations made pursuant to such legislation;
(b)rights and interests held by reason of the force and operation of the laws of the State or of the Commonwealth, including but not limited to, the force and operation of the Rights in Water and Irrigation Act 1914 (WA);
(c)rights and interests of members of the public arising under the common law, including but not limited to:
(i)the public right to fish;
(ii)the public right to navigate; and
(iii)the right of any person to use and enjoy any roads in the Determination Area (subject to the laws of the State) over which, as at the date of this Determination, members of the public have a right of access under the common law;
(d)the right to access the Determination Area by:
(i)an employee, agent or instrumentality of the State;
(ii)an employee, agent or instrumentality of the Commonwealth;
(iii)an employee, agent or instrumentality of any local government authority,
as required in the performance of his or her statutory or common law duty, including for the purpose of pest management control and fire hazard management on areas of unallocated Crown land;
(e)so far as confirmed pursuant to s 212(2) of the Native Title Act and s 14 of the Titles (Validation) and Native Title (Effect of Past Acts) Act 1995 (WA) as at the date of this Determination, any existing public access to, and enjoyment of, the following places in the Determination Area:
(i)waterways;
(ii)beds and banks or foreshores of waterways;
(iii)coastal waters;
(iv)beaches;
(v)stock routes; and
(vi)areas that were public places at the end of 31 December 1993;
(f)any other:
(i)legal or equitable estate or interest in the land or waters; or
(ii)right (including a right under an option and a right of redemption), charge, power or privilege over, or in connection with:
(A) the land or waters; or
(B) an estate or interest in the land or waters; or
(iii)restriction on the use of the land or waters, whether or not annexed to other land or waters.
SCHEDULE SEVEN
NATIVE TITLE HOLDERS (PARAGRAPH 3)
The Nyiyaparli People are those persons who:
(a)are descended from, in accordance with the traditional laws acknowledged and the traditional customs observed by the Nyiyaparli People, one or more of the following persons:
(i)Mintaramunya;
(ii)Pitjirrpangu;
(iii)Yirkanpangu (Jesse);
(iv)Kitjiempa (Molly);
(v)Mapa (Rosie);
(vi)Iringkulayi (Billy Martin Moses);
(vii)Parnkahanha (Toby Cadigan);
(viii)Wirlpangunha (Rabbity-Bung);
(ix)Wuruwurunha (Tommy Malana);
(x)Ijiyangu (Daisy);
(xi)Sibling set of Ivy, Solomon and Mildred; and
(xii)Sibling set of Maynha and Itika,
or, though not descended from those persons, have been incorporated into the Nyiyaparli group in accordance with Nyiyaparli traditional laws and customs,
and
(b)identify themselves as Nyiyaparli under traditional law and custom and are so identified by other Nyiyaparli People as Nyiyaparli;
and
(c)have a connection with the land and waters of the Determination Area, in accordance with the traditional laws acknowledged and the traditional customs observed by the Nyiyaparli People.
REASONS FOR JUDGMENT
BARKER J:
Before the Court for determination pursuant to s 225 of the Native Title Act 1993 (Cth) (NTA) are two native title determination applications brought on behalf of the Nyiyaparli People, namely, WAD 6280 of 1998 (Nyiyaparli People Application) and WAD 196 of 2013 (Nyiyaparli #3 Application) (together, the Nyiyaparli Applications). The Nyiyaparli Applications cover approximately 40,957 square kilometres in the eastern Pilbara region of Western Australia. It is proposed by the parties that the Court should determine that the native title holders for this area are the Nyiyaparli People.
PROCEDURAL HISTORY
Nyiyaparli People Application WAD 6280 of 1998
The Nyiyaparli People Application was lodged with the National Native Title Tribunal on 29 September 1998. As a result of the Native Title Amendment Act 1998 (Cth) the application was taken to have been made to the Federal Court. Any notification given by the Registrar pursuant to s 66 of the old Act was taken to be for that application and the same people were to be parties (see table at Sch 5, Pt 3, Item 6 of the Native Title Amendment Act 1998).
The Nyiyaparli People Application has been amended several times. The first amendment application was filed in the Federal Court on 18 December 1998, and a further application to amend was filed on 29 January 1999. (I note in passing that in the amended application filed 29 January 1999, the applicant attached correspondence noting that an overlap between the Nyiyaparli claim and the Martu Idja Banjima People WC 98/62 claim was eliminated following negotiations between claimants).
On 15 February 1999, orders were made to combine the application with and include a number of related “polygon” applications: WAG 6121 of 1998; WAG 6177 of 1998; WAG 6179 of 1998; WAG 6209 of 1998; and WAG 6252 of 1998.
On 22 February 1999, the Court gave a copy of the application, as amended, to the Native Title Registrar (Registrar) pursuant to s 63 of the NTA.
Following further amendments to the application, the subject of applications to amend filed 10 March 1999, 24 March 1999 and 31 March 1999, the Court again referred the application to the Registrar on 1 April 1999.
The application as amended was then considered by the Registrar pursuant to s 190A of the NTA, for the purpose of applying what is commonly known as the registration test. The Registrar was satisfied that the application addressed the criteria of the registration test and the application was entered on the Register of Native Title Claims on 22 April 1999.
The application was subsequently notified by the Registrar pursuant to s 66 of the NTA. The period of three months after the notification day referred to in s 66(8) and s 66(10)(c) of the NTA, ended on 16 August 2000.
On 21 December 2001, the Nyiyaparli People Application was further amended.
On 30 September 2005, the Court ordered that the Nyiyaparli People Application be combined with and include the Nyiyaparli #2 People native title determination application (WAD 241 of 2005), which had been filed on 1 September 2005 and covered a small strip of land not included in the main application.
The application was again amended on 10 November 2005. The amended version of the application was considered by the Registrar pursuant to s 190A of the NTA and was entered onto the Register of Native Title Claims on 29 November 2005.
On 11 May 2010, the Court made orders pursuant to s 66B NTA for the replacement of the then applicant with a new applicant comprising David Stock, Gordon Yuline, Raymond Drage, Victor Parker, Richard Yuline and Billy Cadigan.
On 10 June 2010, the Court made orders granting leave for the further replacement of the applicant with a new applicant comprising David Stock, Gordon Yuline, Raymond Drage, Victor Parker and Billy Cadigan.
Orders were also made then further amending the application (2010 Amendments).
The Court gave a copy of the further amended application to the Registrar on 11 June 2010. The further amended application was entered on to the Register of Native Title Claims on 11 August 2010.
On 4 March 2014, the Court ordered that David Stock, Raymond Drage, Victor Parker, Billy Cadigan and Leonard Stream do jointly replace the then applicant. See Stock v State of Western Australia [2014] FCA 179.
The current parties to the Nyiyaparli People Application are:
(1)the Nyiyaparli People Applicant, comprised of David Stock, Raymond Drage, Victor Parker, Billy Cadigan and Leonard Stream;
(2)the State of Western Australia;
(3)the Shire of Meekatharra;
(4)Yamatji Marlpa Aboriginal Corporation;
(5)the following mining interests: BHP Iron Ore (Jimblebar) Pty Ltd; BHP Billiton Minerals Pty Ltd; Itochu Minerals & Energy of Australia Pty Ltd; Mitsui Iron Ore Corporation Pty Ltd; Mitsui-Itochu Iron Pty Ltd; Pilbara Pastoral Co Pty Ltd; Gayna Park Pty Ltd; Hamersley Exploration Pty Ltd; Hamersley Iron Pty Limited; Hamersley Iron-Yandi Pty Ltd; and Hamersley Resources Ltd;
(6)the following pastoral interests: Deborah Jane Anick; John Christopher Anick; Balfour Downs Pastoral Coy Pty Ltd; Rachel Mary Burn; Hancock Prospecting Pty Ltd – GH Rinehart (Mulga Downs Station); Keydrive Pty Ltd; Anne Catherine Paull; Chandra Louise Ridley; Roy Hill Station Pty Ltd; Brent Ronald Smoothy; Startline Nominees Pty Ltd; Sunblade Holdings Pty Ltd; Vanguard Enterprises Pty Ltd;
(7)Airservices Australia;
(8)Telstra Corporation Limited (ACN 051 775 556); and
(9)the Commonwealth of Australia.
Nyiyaparli #3 Application WAD 196 of 2013
The related Nyiyaparli #3 Application was filed in the Court pursuant to s 61 of the NTA on 17 June 2013.
On 19 June 2013, the Court gave a copy of the Nyiyaparli #3 Application to the Registrar pursuant to s 63 of the NTA.
The Nyiyaparli #3 Application was then considered by the Registrar pursuant to s 190A of the NTA. The Registrar was satisfied that the Nyiyaparli #3 Application addressed the criteria of the registration test and the application was entered on the Register of Native Title Claims on 27 August 2013.
The Nyiyaparli #3 Application was subsequently notified by the Registrar pursuant to s 66 of the NTA. The period of three months after the notification day referred to in s 66(8) and s 66(10)(c) of the NTA ended on 22 January 2014.
On 4 March 2014, the Court ordered that David Stock, Raymond Drage, Victor Parker, Billy Cadigan and Leonard Stream jointly replace the then applicant for the Nyiyaparli #3 Application pursuant to s 66B of the NTA.
The current parties to the Nyiyaparli #3 Application are:
(1)the Nyiyaparli #3 Applicant, comprised of David Stock, Raymond Drage, Victor Parker, Billy Cadigan and Leonard Stream;
(2)the State of Western Australia; and
(3)the following mining interests: BHP Billiton Minerals Pty Ltd; Hamersley Exploration Pty Ltd; Hamersley Iron Pty Ltd; Hamersley Resources Ltd; Hamersley WA Pty Ltd; Hope Downs Iron Ore Pty Ltd; Itochu Minerals & Energy of Australia Pty Ltd; Mitsui Iron Ore Corporation Pty Ltd; Mitsui-Itochu Iron Pty Ltd; United Iron Pty Ltd; and Pilbara Pastoral Co Pty Ltd (notwithstanding its description as a pastoral interest earlier in the proceeding).
The Attorney-General of the Commonwealth of Australia intervened in the Nyiyaparli #3 Application pursuant to s 84A of the NTA by notice lodged on 21 June 2017.
Hearing of a separate question
On 6 October 2010, in response to a Notice of Motion filed 30 August 2010, the Court made orders joining Ernest Coffin, Marjorie Drage and Ailsa Roy as respondent parties to the Nyiyaparli People Application.
On 27 January 2012, native title determination application WAD 22 of 2012 (Wunna Nyiyaparli Application) was filed “on behalf of the Wunna Nyiyaparli People” by Betty Peterson, Ernest William Coffin, Marjorie Drage, Ailsa Roy and Stephen Peterson. The Wunna Nyiyaparli Application claimed a determination of native title in respect of an area wholly within the area to which the Nyiyaparli People Application related.
At a directions hearing on 28 October 2015, the Court identified that a central issue to the future conduct of the Nyiyaparli Applications and the Wunna Nyiyaparli Application was whether the Wunna Nyiyaparli Applicant could make out their claim that Maggie, the paternal grandmother of Bill Coffin, was Nyiyaparli. The Court ordered pursuant to R 30.01 of the Federal Court Rules 2011 (Cth) that a question to that effect be decided separately from any other questions in the Nyiyaparli and Wunna Nyiyaparli Applications.
On 16 December 2016, following a hearing, the separate question was answered in the negative by the Court. See Peterson on behalf of the Wunna Nyiyaparli People v State of Western Australia [2016] FCA 1528. Orders were then made removing Ernest Coffin, Marjorie Drage and Ailsa Roy as respondent parties to the Nyiyaparli People Application.
An appeal from this judgment and those orders was subsequently dismissed by a Judge on behalf of the Full Court. See Peterson on behalf of the Wunna Nyiyaparli People v State of Western Australia [2017] FCA 1056.
AGREEMENT TO RESOLVE THE APPLICATION
Following the Court’s judgment in Peterson on behalf of the Wunna Nyiyaparli People, the Court actively monitored the progress of negotiations between the parties to the Nyiyaparli Applications towards a consent determination, including through case management hearings convened before a Registrar of the Court.
The parties to the Nyiyaparli Applications have now reached agreement as to the terms of a determination and the form of orders (Determination) that are appropriate to provide recognition of the native title rights and interests held by members of the Nyiyaparli People in relation to the land and waters covered by the Nyiyaparli Applications.
Pursuant to s 87 of the NTA, and having regard to the agreement they have reached, the parties have requested that the Court determine the proceedings that relate to the proposed determination area without holding a hearing. In support of the agreement reached, the State of Western Australia (first respondent) on 3 September 2018 filed an amended Minute of Proposed Consent Determination of Native Title signed by each of the parties with an interest in the Determination Area, as defined in the Minute. On 19 September 2018, a revised final version of the Minute as filed to correct an inadvertent error. No parties objected to the filing of the revised final version. I am satisfied that the revised final version of the Minute accurately records the definition of the relevant Non-Exclusive Area for the purposes of the Determination.
In support of the agreement reached and the nomination of a prescribed body corporate (PBC), the Nyiyaparli Applicants have filed an affidavit of Ms Katherine Anne Holloman affirmed 30 August 2018, deposing to the process undertaken by the Nyiyaparli Applicants to authorise the agreement reached and in relation to the description of the native title holders. The affidavit annexes:
(1)the notice of nomination of Karlka Nyiyaparli Aboriginal Corporation ICN 3649 (KNAC) to be the PBC for the proposed Determination pursuant to s 56(2)(a) of the NTA; and
(2)the written consent of KNAC to be the PBC for the Determination pursuant to s 56(2)(a) of the NTA.
By her affidavit made 5 September 2018, Ms Holloman also deposes to changes to KNAC and its rules made 4 September 2018.
In addition, the Nyiyaparli Applicants and the State have filed joint submissions and further joint submissions (together the joint submissions) in support of the Minute.
The parties agree that the Nyiyaparli People are those persons who:
(a)are descended from, in accordance with the traditional laws acknowledged and the traditional customs observed by the Nyiyaparli People, one or more of the following persons:
(i)Mintaramunya;
(ii)Pitjirrpangu;
(iii)Yirkanpangu (Jesse);
(iv)Kitjiempa (Molly);
(v)Mapa (Rosie);
(vi)Iringkulayi (Billy Martin Moses);
(vii)Parnkahanha (Toby Cadigan);
(viii)Wirlpangunha (Rabbity-Bung);
(ix)Wuruwurunha (Tommy Malana);
(x)Ijiyangu (Daisy);
(xi)Sibling set of Ivy, Solomon and Mildred; and
(xii)Sibling set of Maynha and Itika,
or, though not descended from those persons, have been incorporated into the Nyiyaparli group in accordance with Nyiyaparli traditional laws and customs; and
(b)identify themselves as Nyiyaparli under traditional law and custom and are so identified by other Nyiyaparli People as Nyiyaparli; and
(c)have a connection with the land and waters of the Determination Area, in accordance with the traditional laws acknowledged and the traditional customs observed by the Nyiyaparli People.
The boundaries of the Determination Area are described in Schedule One to the Determination, and depicted on the maps contained in Schedule Two. The parties agree that native title should be recognised in relation to the Determination Area, except in those parts identified in Schedule Four, which are shown as generally shaded pink on the maps in Schedule Two.
The Determination provides that the Nyiyaparli Applicants have nominated KNAC pursuant to s 56(2)(a) of the NTA to hold the determined native title in trust for the native title holders.
ASSESSMENT OF CONNECTION
The joint submissions disclose that between January 2012 and May 2018, the Applicants provided to the State, on a without prejudice basis, various connection material in support of the Nyiyaparli People’s connection with the claim area, including:
(1)five chapters of a report prepared by Dr Daniel Vachon and Dr Sandra Pannell, headed (respectively): “Claim Group Description”; “Boundary of the Claim Area”; “The Traditional System of Law and Customs”; “Continuity of Connection”; and “Rights and Interests Claimed under the System of Traditional Law and Custom”;
(2)genealogical material;
(3)a report by Ms Amy Usher titled “Nyiyaparli Palyku Supplementary Report” dated May 2015;
(4)a report by Ms Usher titled “Nyiyaparli Supplementary Report” dated June 2015;
(5)a report by Mr Kim McCaul titled “Supplementary Connection Report for the Nyiyaparli Native Title Claim – Nyiyaparli connection to the area south of Savory Creek” dated 1 July 2016;
(6)a report by Mr McCaul titled “Further Supplementary Connection Material for the Nyiyaparli Native Title Claim (WAD6280/1998 & WAD196/2013): Fortescue Marsh & Kijiyimpa (Kitjiempa)” dated 3 August 2016;
(7)an extract from a report by Mr McCaul dated 25 June 2017 headed “Obtaining rights and interests in land through pathways other than descent”;
(8)an extract from a report by Mr McCaul dated 25 June 2017 headed “Activation and transmission of rights and interests”; and
(9)witness statements by claimants David Stock, Bruce Bung Snr, Brian Tucker, Raymond Drage, Billy Cadigan, Leonard Stream, Lindsay Yuline, and Lionel Stream.
Pursuant to interlocutory applications filed by the Nyiyaparli Applicants in October 2013, the Court heard between 11 and 13 June 2014 (inclusive) preservation evidence in the Nyiyaparli Applications from two senior people, David Stock and Bonny Tucker. The evidence was given at various remote locations in the area of the Nyiyaparli Applications. Witness statements of Mr Stock and Ms Tucker were admitted as evidence in the proceedings, as were a site map and a location list. The joint submissions detail that the State’s assessment of connection in relation to the Nyiyaparli Applications was based, in part, on this evidence.
The State assessed the connection material in accordance with its Guidelines for the Provision of Connection Material, and was informed by legal advice from the State Solicitor’s Office.
The connection to country of the Nyiyaparli People
The joint submissions provide the following detail regarding the connection to country of the Nyiyaparli People:
(1)The Nyiyaparli People have maintained a normative system of laws and customs since sovereignty.
(2)The Nyiyaparli traditional laws and customs connect the Nyiyaparli People to their country. The Nyiyaparli People believe that these laws and customs have been put in place by the ancestral beings – mangunpa – when the world was created, as laws binding on the Nyiyaparli People and governing Nyiyaparli country.
(3)The laws from the mangunpa govern what Nyiyaparli People can and cannot do in Nyiyaparli country. The laws govern the exercise of rights and interests in the Determination Area and who can exercise them, including such rights included in the Nyiyaparli Determination, from prior to sovereignty until the present day.
(4)The laws from the mangunpa set down rules for Nyiyaparli traditional ownership and responsibility for Nyiyaparli country, and rules for people to follow in relation to such matters as: ceremonies and rituals; sections or skin groups; avoidance and marriage relationships; and the preparation and consumption of food. Under these laws and customs, it is the Nyiyaparli People who hold the rights and interests in the Determination Area and have responsibilities to it.
(5)Many places of importance to the Nyiyaparli People were made by the spirit people during the mangunpa; these places carry stories and songs which have been passed down.
(6)Most contemporary Nyiyaparli People are descended from Nyiyaparli ancestors who occupied the Determination Area at or before effective sovereignty. To be a Nyiyaparli person, a person must: first, be descended from a Nyiyaparli ancestor or be incorporated into the Nyiyaparli group in accordance with Nyiyaparli traditional laws and customs; second, identify themselves as Nyiyaparli under traditional law and custom and be identified by other Nyiyaparli People as Nyiyaparli; and, third, have a connection with the land and waters of the Determination Area, in accordance with the traditional laws acknowledged and the traditional customs observed by the Nyiyaparli People.
DESCRIPTION OF THE PROPOSED NATIVE TITLE HOLDERS
An issue arising regarding the Minute is that the description of the proposed native title holding group in Schedule Seven of the proposed Determination differs from the description of the native title claim group in Schedule A of the Nyiyaparli Applications. The proposed description of native title holders in Schedule Seven differs from the description of the claimants in the Nyiyaparli Applications in that it captures Aboriginal persons who:
(1)are descended from, in accordance with the traditional laws acknowledged and the traditional customs observed by the Nyiyaparli People:
(a)the existing nine apicals listed in the Nyiyaparli Applications; and
(b)an additional three sets of apical ancestors, not listed in the Nyiyaparli Applications;
(c)or, though not descended from one of the apical ancestors listed, have been incorporated into the Nyiyaparli group in accordance with Nyiyaparli traditional laws and customs; and
(2)identify themselves as Nyiyaparli under traditional law and custom and are so identified by other Nyiyaparli People as Nyiyaparli; and
(3)have a connection with the land and waters of the Determination Area, in accordance with the traditional laws acknowledged and the traditional customs observed by the Nyiyaparli People.
The change in the claim group description came about in the following circumstances.
In 2015, Yamatji Marlpa Aboriginal Corporation, on behalf of the Nyiyaparli People, commissioned further anthropological research; that is, research additional to that that led to the 2010 Amendments referred to above. This further research was undertaken by an independent anthropologist, Mr McCaul, to address issues raised in the context of consent determination negotiations between the Nyiyaparli People and the State. See Stock on behalf of the Nyiyaparli People v State of Western Australia (No 2) [2018] FCA 1091 at [13]-[14].
The research conducted by Mr McCaul identified potential additional Nyiyaparli apical ancestors to be included in the description of native title holders in any Nyiyaparli consent determination and anthropological findings in relation to the operation of Nyiyaparli traditional laws and customs pertaining to claim group membership. See Stock (No 2) at [14].
Following Mr McCaul's research, the native title claim group in the Nyiyaparli Applications, in accordance with the agreed and adopted decision-making process for the making of such types of decisions, authorised the Nyiyaparli People’s entry into the Nyiyaparli Determination in terms by which the native title holders should be described as set out in Schedule Seven of the attached Nyiyaparli Determination as described in [43] above. See the affidavit of Ms Holloman affirmed 30 August 2018 as to the process of authorisation undertaken by the Nyiyaparli Applicants in relation to the Minute. See also Stock (No 2) at [14]-[18], [20]-[23]; Stock on behalf of the Nyiyaparli People v State of Western Australia (No 3) [2018] FCA 1306 at [17]-[18].
The applicant and the State submit, and I accept, that the additional qualifiers in (2) and (3) of the description at [43] above, provide a more accurate way of describing the proposed native title holders and are consistent with the traditional laws and customs of the Nyiyaparli People as disclosed in the connection materials.
Importantly, the proposed description of native title holders in Schedule Seven of the Nyiyaparli Determination has been accepted and agreed to by all respondent parties, including the State. The agreement of the parties is evidenced in the signed Minute.
The Court is not limited to making a determination in the form sought in the Nyiyaparli Applications. Provided that the application is valid, and in accordance with the law, the Court can proceed to make a determination in such form as it sees fit based on the evidence before it. See Billy Patch and Others on behalf of the Birriliburu People v State of Western Australia [2008] FCA 944 at [18]; Sharpe v State of Western Australia [2013] FCA 599 at [19].
Having considered the material filed by the parties, including the affidavit of Ms Holloman, I am satisfied that it is appropriate for the Court to make the determination sought in the Minute for the following reasons:
(1)the description accurately reflects the position as described in the connection materials;
(2)the description captures all proposed native title holders;
(3)the claimants authorised the terms of the Minute, including the proposed native title holders in Schedule Seven of the Determination, at an authorisation meeting which was notified and broadly representative of the Nyiyaparli People; and
(4)the State can be taken, from their consent to the Minute, to be satisfied that the proposed native title holders are the persons described in Schedule Seven of the Determination.
THE DETERMINATION AREA
The external boundaries of the Determination Area are described in Schedule One of the Minute and shown on the maps in Schedule Two of the Minute.
For completeness, it may be noted that the Determination Area is surrounded on its eastern, southern and western boundaries by the determinations of native title in the following matters:
(1)WAG 6110 of 1998, known as the Martu determination, to the east. See James on behalf of the Martu People v State of Western Australia [2002] FCA 1208;
(2)WAD 6284 of 1998, known as the Birriliburu Part A determination, to the south-east. See Billy Patch and Others on behalf of the Birriliburu People v State of Western Australia [2008] FCA 944;
(3)WAD 6002 of 2003, known as the Gingirana determination, to the south. See Atkins on behalf of the Gingirana People v State of Western Australia [2017] FCA 1465;
(4)WAD 78 of 2005, known as the Ngarlawangga People’s determination, to the south-west. See Limmerick on behalf of the Ngarlawangga People v State of Western Australia [2016] FCA 1442;
(5)WAD 340 of 2010 and WAD 216 of 2010, known as the Yinhawangka Part A and Yinhawangka Part B determination, to the west. See Jones on behalf of the Yinhawangka People v State of Western Australia [2017] FCA 801; and
(6)WAD 6096 of 1998, known as the Banjima People’s determination, to the north-west. See Banjima People v State of Western Australia (No 3) [2014] FCA 201.
The northern border of the Determination Area borders the following native title claim areas:
(1)WAD 6287 of 1998, known as Palyku;
(2)WAD 6028 of 1998, known as Nyamal #1; and
(3)WAD 289 of 2018, known as the Nyamal Overlap Claim.
The Determination Area includes the whole of Roy Hill, Walagunya, Weelarrana, Sylvania, Robertson Range and Ethel Creek stations, and parts of Marillana, Noreena Downs, Bonney Downs, Hillside, Mount Divide, Balfour Downs, Bulloo Downs, Prairie Downs, Wandanya, and Kumarina stations.
The Hamersley and Chichester Ranges, and the Fortescue and Oakover Rivers, including the Fortescue Marsh, are major topographic features of the Determination Area.
The Determination Area includes the town of Newman, and the Aboriginal communities of Jigalong and Parnpajinya.
NOMINATION OF PRESCRIBED BODY CORPORATE
The affidavits of Ms Holloman affirmed 30 August 2018 and 5 September 2018 detail that the Nyiyaparli claimants, at a meeting in Newman in July 2018, authorised the nomination of KNAC to hold the determined native title in trust for the native title holders. That nomination is in writing, has been signed by the solicitor on the record for the Nyiyaparli Applicants as a representative of the common law holders, and is annexed to Ms Holloman’s affidavit. The consent of KNAC is also annexed to Ms Holloman’s affidavit. Recent rule changes to the KNAC are also noted.
I am satisfied that the requirements of the NTA and the Native Title (Prescribed Bodies Corporate) Regulations 1999 (Cth) have been met.
REQUIREMENTS OF SECTION 87 OF THE NTA
The joint submissions seek that a determination of native title should be made pursuant to s 87 of the NTA. Section 87 of the NTA provides that the Court may make a determination of native title by consent without holding a hearing where:
(1)the period specified in the notice given under s 66 of the NTA has ended and an agreement has been reached regarding the proceeding or part of the proceeding: s 87(1)(a);
(2)the terms of an agreement, in writing signed by or on behalf of the parties, are filed with the Court: s 87(1)(b);
(3)the Court is satisfied that an order in, or consistent with, those terms would be within the power of the Court: s 87(1)(c); and
(4)it appears appropriate to the Court to make the orders sought: s 87(1A) and s 87(2).
Pursuant to s 87(1) of the NTA, the notification period for the Nyiyaparli Applications referred to in s 66(8) and s 66(10)(c) of the NTA has ended. This condition is therefore satisfied.
The requirements of s 87(1)(a) and (b) of the NTA are established. There is an agreement in writing for a proposed determination of native title which has been filed with the Court. The agreement is reflected in the Minute which has been signed by (or on behalf of) all parties to the proceeding.
In accordance with s 87(1)(c) NTA, the orders sought in the Minute are consistent with the terms of the agreement and are within the power of the Court to make for the following reasons:
(1)the Nyiyaparli Applications are validly made, having been authorised by the native title claimants according to a decision-making process agreed to and adopted by the claim group members that authorised the Nyiyaparli Applicants to bring the applications;
(2)the Nyiyaparli Applications are for a determination of native title in relation to areas for which there is no approved determination of native title (s 13(1)(a) of the NTA) and there remains no approved determination in relation to the areas the subject of the proposed determination (s 68 of the NTA);
(3)there are no other proceedings before the Court relating to native title determination applications that cover any part of the area the subject of the proposed determination which would otherwise require orders to be made under s 67(1) of the NTA;
(4)the form of the determination proposed, as outlined in the Minute, complies with s 94A and s 225 of the NTA; and
(5)the requirements of s 87 of the NTA are otherwise satisfied.
Section 87(1A) of the NTA requires the Court to be satisfied that it is appropriate to make the determination sought by the parties. This is a discretion that must be exercised judicially and within the broad boundaries ascertained by reference to the subject matter, scope and purpose of the NTA. See Brown (on behalf of the Ngarla People) v State of Western Australia [2007] FCA 1025 at [22] (Bennett J).
Section 87(2) of the NTA does not require the Court to receive evidence, make findings, embark on its own inquiry on the merits of the claim made in the application, or even to form a final view as to whether the legal requirements for proving native title have been met. It may be appropriate to make orders under s 87 of the NTA where the Court is satisfied that the parties have freely and on an informed basis come to an agreement. See Ward v State of Western Australia [2006] FCA 1848 at [8]. The primary focus of the Court is on the making of the agreement by the parties. See Lander v State of South Australia [2012] FCA 427 at [11].
In particular, s 87 of the NTA is designed to encourage the parties to take responsibility for resolving proceedings without the need for litigation and must be exercised flexibly and with regard to the purpose for which the section is designed. See Lovett on behalf of the Gunditjmara People v State of Victoria [2007] FCA 474 at [36] (North J). In the context of a consent determination, a party is not required to prove, or have proved to them, matters of fact as if the proceeding was contested. See Watson on behalf of the Nyikina Mangala People v State of Western Australia (No 6) [2014] FCA 545 at [29] (Gilmour J).
The requirements of s 87(2) of the NTA will often be met where the Court is satisfied that a relevant government respondent – such as the State – has, through competent legal representation, satisfied itself as to the cogency of the evidence upon which an applicant relies. Generally this will not involve the Court making findings on the evidence on which the government respondent relies, although the Court might consider that evidence for the limited purpose of being satisfied that the government respondent is acting in good faith and rationally. See Lovett at [37]; Munn (for and on behalf of the Gunggari People) v Queensland (2001) 115 FCR 109 at [29]-[30]; [2001] FCA 1229 (Emmett J).
The joint submissions outline that the State has played an active role in the negotiation of the proposed consent determination contained in the Minute and it is apparent that the State has taken a real interest in the proceeding in the interests of the community generally. In so doing, the State has, acting on behalf of the community generally, had regard to the requirements of the NTA.
Through an assessment process, which has included consideration of a significant volume of connection material, and after a considerable period of negotiations, the State has satisfied itself that the Determination is justified in all the circumstances. The information and connection material provided by the Nyiyaparli Applicants is, in the view of the State, sufficient to demonstrate that the Nyiyaparli Applications have a credible basis. The State is satisfied, as set out in the joint submissions, that the material presented is sufficient to evidence the maintenance of connection according to traditional laws and customs in the Determination Area.
The State has also conducted searches of land tenure, mining and petroleum registries to determine the extent of “other interests” within the Determination Area, and the Determination includes those other interests at Schedule Six such that the Determination complies with s 225 of the NTA.
In relation to this proceeding, the State and the Nyiyaparli Applicants have been legally represented throughout the negotiation process. All other respondent parties have also had the benefit of legal representation.
In the circumstances, based on the material filed, which indicates that the agreement reached by the parties is freely entered into on an informed basis, and the State’s active role in the negotiations, I am satisfied that it is appropriate and within the power of the Court under s 87 and s 94A of the NTA to make the Determination.
CONCLUSION
By signing the Minute, the parties have indicated their agreement to the Determination I am about to make. The Court congratulates the Nyiyaparli Applicants, the State and non-State respondent parties for negotiating and agreeing to consent orders being made in these terms. The Court also commends the legal and other representatives of all the parties who have worked assiduously to help produce this outcome.
I am satisfied that it is appropriate and within power to make the Determination of native title in the terms proposed pursuant to s 87 and s 94A of the NTA. The Determination constitutes recognition by Australian law of the enduring traditional laws and customs of the Nyiyaparli People over the Determination Area. It includes an order that KNAC is to hold the rights and interests from time to time comprising the native title in trust for the native title holders pursuant to s 56(2) of the NTA.
The effect of the Determination, when made, is that the Nyiyaparli People, in accordance with the traditional laws acknowledged and the traditional customs observed by them, will be recognised as the native title holders for the Determination Area.
I now make the Determination as proposed by the parties that has that effect.
I certify that the preceding seventy-six (76) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Barker. Associate:
Dated: 26 September 2018
SCHEDULE OF PARTIES
WAD 6280 of 1998
Respondents
Fourth Respondent:
BHP BILLITON MINERALS PTY LTD, BHP IRON ORE (JIMBELBAR) PTY LTD, ITOCHU MINERALS & ENERGY OF AUSTRALIA PTY LTD, MITSUI IRON ORE CORPORATION PTY LTD, MITSUI-ITOCHU IRON PTY LTD, PILBARA PASTORAL CO PTY LTD
Fifth Respondent:
GAYNA PARK PTY LTD
Sixth Respondent:
HAMERSLEY EXPLORATION PTY LTD, HAMERSLEY IRON PTY LTD, HAMERSLEY RESOURCES LTD, HAMERSLEY IRON-YANDI PTY LTD
Seventh Respondent:
DEBORAH JANE ANICK, JOHN CHRISTOPHER ANICK, BALFOUR DOWNS PROSPECTING COY PTY LTD, RACHEL MARY BURN, HANCOCK PROSPECTING PTY LTD, KEYDRIVE PTY LTD, ANNE CATHERINE PAULL, CHANDRA LOUISE RIDLEY, G H RINEHART, ROY HILL STATION PTY LTD, BRENT RONALD SMOOTHY, STARTLINE NOMINEES PTY LTD, SUNBLADE HOLDINGS PTY LTD (PRAIRIE DOWNS), VANGUARD ENTERPRISES PTY LTD
Eighth Respondent:
AIRSERVICES AUSTRALIA
Ninth Respondent:
TELSTRA CORPORATION
Tenth Respondent:
COMMONWEALTH OF AUSTRALIA
- AGLC
- Stock on behalf of the Nyiyaparli People v State of Western Australia (No 5) [2018] FCA 1453
- Case
- [2018] FCA 1453
- Decision Date
CaseChat Overview and Summary
The Court found that the agreement was indeed freely entered into by all parties and was based on adequate information. It was satisfied that the State had played an active and constructive role in the negotiations. Given these findings, the Court concluded it was appropriate and within its power under sections 87 and 94A of the NTA to make the determination as proposed. The Court noted the significance of this determination as it recognised the enduring traditional laws and customs of the Nyiyaparli People over the specified area. The Court also highlighted the importance of the Karlka Nyiyaparli Aboriginal Corporation holding the native title rights in trust for the native title holders, pursuant to section 56(2) of the NTA. The determination affirmed the Nyiyaparli People as the native title holders for the area, acknowledging their rights to possession, occupation, use, and enjoyment of the land and waters, subject to certain exclusions and qualifications.
The Court issued a determination recognising the native title of the Nyiyaparli People over the specified area. It declared that native title exists, subject to certain exclusions, and that the Nyiyaparli People are the native title holders. The Court outlined the nature and extent of the native title rights and interests, distinguishing between exclusive and non-exclusive areas. It also noted that native title rights and interests are subject to and exercisable in accordance with the laws of the State and the Commonwealth, as well as the traditional laws and customs of the Nyiyaparli People. Certain areas, such as those subject to mining and petroleum interests, were excluded from the native title rights. The Court further detailed the relationship between the native title rights and other interests, ensuring that the existence of native title does not prevent the doing of activities required or permitted by other interests, though it may be affected by them.
In summary, the Court's determination recognised the Nyiyaparli People's native title rights and interests over the specified area, subject to the terms outlined in the agreement and the existing laws and interests. The Karlka Nyiyaparli Aboriginal Corporation was appointed to hold the native title in trust for the native title holders. The Court commended all parties for their diligent efforts in reaching a consensual agreement, which was seen as a positive outcome for all involved.
Orders
Orders of the court
1. In relation to the Determination Area, there be a determination of native title in WAD 6280 of 1998 and WAD 196 of 2013 in terms of the Determination provided for in Attachment A.
2. Karlka Nyiyaparli Aboriginal Corporation ICN 3649 shall hold the determined native title in trust for the native title holders pursuant to s 56(2)(b) of the Native Title Act.
3. There be no order as to costs.
Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
ATTACHMENT A
DETERMINATION
THE COURT ORDERS, DECLARES AND DETERMINES THAT:
Existence of native title (s 225 Native Title Act)
1. Subject to paragraph 2, native title exists in the Determination Area in the manner set out in paragraphs 4 and 5 of this Determination.
2. Native title does not exist in those parts of the Determination Area the subject of the interests identified in Schedule Four, which are shown as generally shaded pink on the maps in Schedule Two.
Native title holders (s 225(a) Native Title Act)
3. The native title in the Determination Area is held by the Nyiyaparli People. The Nyiyaparli People are the people described in Schedule Seven.
The nature and extent of native title rights and interests and exclusiveness of native title (s 225(b) and (e) Native Title Act)
Exclusive rights and interests
4. Subject to paragraphs 6, 7, 8, and 11, the nature and extent of the native title rights and interests in relation to the Exclusive Area is:
(a) except in relation to flowing and underground water, the right to possession, occupation, use and enjoyment to the exclusion of all others; and
(b) in relation to flowing and underground water, the right to use and enjoy the flowing and underground water, including:
(i) the right to hunt on, fish from, take and use the traditional resources of the flowing and underground water; and
(ii) the right to take and use the flowing and underground water.
Non-exclusive rights and interests
5. Subject to paragraphs 6, 7, 8, and 11, the nature and extent of the native title rights and interests in relation to the Non-Exclusive Area are that they confer the following non‑exclusive rights on the Nyiyaparli People, including the right to conduct activities necessary to give effect to them:
(a) the right to live, being to enter and remain on the land, to camp and erect shelters and other structures for that purpose, and travel over and visit any part of the land and waters of the Non-Exclusive Area;
(b) the right to hunt, fish, gather, take and use the traditional resources of the Non-Exclusive Area;
(c) the right to take and use water in the Non-Exclusive Area;
(d) the right to engage in cultural activities and the transmission of cultural knowledge on the Non-Exclusive Area, including:
(i) visiting places of cultural or spiritual importance and maintaining, caring for, and protecting those places by carrying out activities to preserve their physical or spiritual integrity; and
(ii) conducting ceremony and ritual, including burial and burial rites; and
(e) the right to be accompanied on the Non-Exclusive Area by those people who, though not native title holders and who (for the avoidance of doubt) cannot themselves exercise any native title right in the Determination Area, are:
(i) spouses, parents or children of the native title holders; or
(ii) people required by or entering in connection with traditional law and custom for the performance of ceremonies or cultural activities on the Non-Exclusive Area.
Qualifications on the native title rights and interests
6. The native title rights and interests are subject to and exercisable in accordance with:
(a) the laws of the State and the Commonwealth, including the common law; and
(b) the traditional laws and customs of the Nyiyaparli People for personal, domestic and communal purposes (including social, cultural, religious, spiritual and ceremonial purposes).
7. Notwithstanding anything in this Determination, there are no native title rights and interests in the Determination Area in relation to:
(a) minerals as defined in the Mining Act 1904 (WA) (repealed) and in the Mining Act 1978 (WA), except to the extent that ochre is not a mineral pursuant to the Mining Act 1904 (WA); or
(b) petroleum as defined in the Petroleum Act 1936 (WA) (repealed) and in the Petroleum and Geothermal Energy Resources Act 1967 (WA);
(c) geothermal energy resources and geothermal energy as defined in the Petroleum and Geothermal Energy Resources Act 1967 (WA); or
(d) water captured by the holders of the Other Interests pursuant to those Other Interests.
8. The native title rights and interests set out in paragraphs 4(b) and 5 do not confer:
(a) possession, occupation, use and enjoyment on the Nyiyaparli People to the exclusion of all others; or
(b) a right to control the access to, or use of, the land and waters of the Determination Area or its resources.
Areas to which ss 47, 47A or 47B of the Native Title Act apply
9. Sections 47A and 47B of the Native Title Act apply to disregard prior extinguishment in relation to the areas described in clauses 1 and 2, respectively, of Schedule Five.
The nature and extent of any other interests (s 225(c) Native Title Act)
10. The nature and extent of the Other Interests are described in Schedule Six.
Relationship between native title rights and other interests (s 225(d) Native Title Act)
11. Except as otherwise provided for by law, the relationship between the native title rights and interests described in paragraphs 4 and 5 and the Other Interests is that:
(a) to the extent that any of the Other Interests are inconsistent with the continued existence, enjoyment or exercise of the native title rights and interests, the native title rights and interests continue to exist in their entirety, but the native title rights and interests have no effect in relation to the Other Interests to the extent of the inconsistency during the currency of the Other Interests; and otherwise,
(b) the existence and exercise of the native title rights and interests do not prevent the doing of any activity required or permitted to be done by or under the Other Interests, and the Other Interests, and the doing of any activity required or permitted to be done by or under the Other Interests, prevail over the native title rights and interests and any exercise of the native title rights and interests but do not extinguish them.
Liberty to Apply
12. The parties have liberty to apply to establish the precise location and boundaries of the public works and adjacent land and waters identified in relation to any part or parts of the Determination Area referred to in clause 5 of Schedule Four of this Determination.
Definitions and Interpretation
13. In this Determination, unless the contrary intention appears:
Commonwealth means Commonwealth of Australia;
Determination Area means the land and waters described in Schedule One and depicted on the maps in Schedule Two;
Exclusive Area means those lands and waters of the Determination Area described in Schedule Three (which areas are generally shown as shaded green on the maps in Schedule Two);
Flowing water means the following water within the Determination Area:
(a) water which flows, whether permanently, intermittently or occasionally, within any river, creek, stream or brook; and
(b) any natural collection of water into, through, or out of which a river, creek, stream or brook flows;
land has the same meaning as in the Native Title Act and, for the avoidance of doubt, includes any natural collection of water found on the land which does not fall within the definition of "waters";
Native Title Act means the Native Title Act 1993 (Cth);
native title holders means the Nyiyaparli People as described in Schedule Seven and referred to in paragraph 3;
Non-Exclusive Area means those lands and waters of the Determination Area which are not Exclusive Areas or described in paragraph 2 as an area where native title does not exist. These lands and waters are generally shown as shaded yellow on the maps at Schedule Two;
Other Interests means the legal or equitable estates or interests and other rights in relation to the Determination Area described in Schedule Six and referred to in paragraph 10;
resources means flora, fauna, and other natural resources such as charcoal, stone, soil, wood, resin and ochre (except, for the avoidance of doubt, ochres for use in the manufacture of porcelain, fine pottery or pigments which are minerals pursuant to the Mining Act 1904 (WA) (repealed));
State means State of Western Australia;
underground water means water from and including an underground water source, including water that percolates from the ground;
use includes by way of share and exchange; and
waters has the same meaning as in the Native Title Act.
14. In the event of any inconsistency between the written description of an area in Schedule One, Schedule Three, Schedule Four, Schedule Five, or Schedule Six and the area as depicted on the maps in Schedule Two, the written description prevails.
SCHEDULE ONE
DETERMINATION AREA
The Determination Area, generally shown as bordered in blue on the maps in Schedule Two, comprises all land and waters in the following descriptions:
WAD6280 of 1998
All those lands and waters commencing at Latitude 22.025709 South and Longitude 120.965618 East and extending southeasterly to a western boundary of Reserve 12297 at Latitude 22.176991; Then southeasterly to Latitude 22.185703 South, Longitude 121.407723 East; Then southwesterly to a western boundary of Reserve 12297 at Latitude 22.267179 South; Then southwesterly to a western boundary of Reserve 12297 at Latitude 22.349350 South; Then southwesterly to an eastern boundary of the eastern severance of Pastoral Lease N049553 (Balfour Downs) at Latitude 22.690004 South; Then southwesterly to a southern boundary of the eastern severance of Pastoral Lease N049553 (Balfour Downs) at Longitude 121.255422 East being a point on the present boundary of Native Title Determination WAD6110/1998 Martu (Area A) (WCD2002/002); Then generally southwesterly along the boundary of that native title determination to an northern boundary of the eastern severance of Pastoral Lease N049553 (Balfour Downs) at Longitude 121.221018 East; Then southwesterly to a southern boundary of the eastern severance of Pastoral Lease N049553 (Balfour Downs) at Longitude 121.145159 East being a point on the present boundary of Native Title Determination WAD6110/1998 Martu (Area A) (WCD2002/002); Then generally southwesterly along the boundary of that native title determination to an eastern boundary of Pastoral Lease N049546 (Robertson Range) at Latitude 23.497899 South; Then southwesterly to Latitude 23.565459 South, Longitude 120.871261 East; Then southwesterly to a southern boundary of the eastern severance of Reserve 41265 at Longitude 120.696113 East being a point on the present boundary of Native Title Determination WAD6110/1998 Martu (Area A) (WCD2002/002); Then southwesterly along the boundary of that native title determination to an eastern boundary of the eastern severance of Pastoral Lease N049890 (Weelarrana) at Latitude 23.751355 South; Then southwesterly to Latitude 23.799908 South, Longitude 120.618550 East; Then southwesterly to a southern boundary of the eastern severance of Pastoral Lease N049890 (Weelarrana) at Longitude 120.568181 East being a point on the present boundary of Native Title Determination WAD6110/1998 Martu (Area A) (WCD2002/002); Then southwesterly along the boundary of that native title determination to Latitude 23.998656 South, Longitude 120.508828 East being a point on the present boundary of Native Title Determination WAD6284/1998 Birriliburu People (Part A) (WCD2008/002); Then westerly and southerly along the boundaries of that native title determination to Latitude 24.012185 South, being a point on the present boundary of Native Title Determination WAD6002/2003 Gingirana (WCD2017/011); Then southwesterly, generally westerly and generally northwesterly along the boundaries of the native title determination to the intersection of the centreline of an unnamed intermittent creek with Latitude 24.424384° South also being a point on the present boundary of Native Title Determination WAD78/2005 Ngarlawangga People (WCD2016/007); Then generally northerly along the boundaries of that native title determination to Latitude 23.800165 South, Longitude 119.730429 East; Then northerly, northwesterly and southwesterly through the following coordinate positions.
LATITUDE (SOUTH)
LONGITUDE (EAST)
23.799776
119.730443
23.517542
119.659365
23.586534
119.564249
Then northwesterly to Latitude 23.505056 South, Longitude 119.363043 East being a point on the present boundary of Native Title Determination WAD78/2005 Ngarlawangga People (WCD2016/007); Then generally northwesterly along the boundary of that native title determination to Latitude 23.249178 South, Longitude 119.141883 East; Then generally northerly and generally westerly through the following coordinate positions.
LATITUDE (SOUTH)
LONGITUDE (EAST)
23.063501
119.155112
23.003843
119.165211
23.003396
119.163741
23.001105
119.153405
23.000125
119.146432
22.999049
119.143061
22.997148
119.136689
22.995623
119.130872
Then westerly to Latitude 22.995316 South, Longitude 119.127503 East, being a point on the present boundary of Native Title Determination WAD6096/1998 Banjima People (WCD2014/001); Then northeasterly and generally northwesterly along the boundaries of that native title determination to Latitude 22.345315 South, Longitude 119.115406 East; Then generally easterly through the following coordinate positions.
LATITUDE (SOUTH)
LONGITUDE (EAST)
22.332946
119.241060
22.264352
119.938288
22.291786
120.176544
22.389190
120.828284
Then northeasterly back to the commencement point.
Note: Geographic Coordinates provided in Decimal Degrees.
Cadastral boundaries sourced from Landgate’s Spatial Cadastral Database dated 29 March 2018.
For the avoidance of doubt the application excludes any land and waters already claimed by:
Native Title Determination WAD6110/1998 Martu (Area A) (WCD2002/002) as Determined in the Federal Court on 27 September 2002.
Native Title Determination WAD6284/1998 Birriliburu People (Part A) (WCD2008/002) as Determined in the Federal Court on 20 June 2008.
Native Title Determination WAD6002/2003 Gingirana (WCD2017/011) as Determined in the Federal Court on 7 December 2017.
Native Title Determination WAD78/2005 Ngarlawangga People (WCD2016/007) as Determined in the Federal Court on 7 December 2016.
Native Title Determination WAD6096/1998 Banjima People (WCD2014/001) as Determined in the Federal Court on 11 March 2014.
Native Title Determination Application WAD196/2013 Nyiyaparli #3 (WC2013/003) as Registered in the Federal Court on 27 August 2013.
Native Title Determination Application WAD6287/1998 Palyku (WC1999/016) as Registered in the Federal Court on 2 August 1999.
Native Title Determination Application WAD6028/1998 Nyamal (WC1999/008) as Registered in the Federal Court on 28 September 2007.
Native Title Determination Application WAD289/2018 Nyamal Overlap Claim (WC2018/011) as Filed in the Federal Court on 28 June 2018.
Datum: Geocentric Datum of Australia 1994 (GDA94)
Prepared By: Graphic Services (Landgate) 3 August 2018
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.
WAD196 of 2013
AREA 1
All those lands and waters commencing at Latitude 23.063501 South, Longitude 119.155112 East and extending northerly and generally westerly through the following coordinate positions.
LATITUDE (SOUTH)
LONGITUDE (EAST)
23.003843
119.165211
23.003396
119.163741
23.001105
119.153405
23.000125
119.146432
22.999049
119.143061
22.997148
119.136689
22.995623
119.130872
Then westerly to Latitude 22.995316 South, Longitude 119.127503 East, being a point on the present boundary of Native Title Determination WAD6096/1998 Banjima People (WCD2014/001); Then generally southwesterly along the boundaries of that native title determination to Latitude 23.035240 South, Longitude 118.926692 East, being a point on the present boundary of Native Title Determination WAD340/2010 Yinhawangka Part A (WCD2017/003); Then generally southwesterly along the boundaries of that native title determination to Longitude 118.879717 South, being a point on the present boundary of Native Title Determination WAD78/2005 Ngarlawangga People (WCD2016/007); Then southeasterly along the boundary of that native title determination to Latitude 23.249178 South, Longitude 119.141883 East; Then northerly back to the commencement point.
AREA 2
All those lands and waters commencing at Latitude 23.505056 South, Longitude 119.363043 East being a point on the present boundary of Native Title Determination WAD78/2005 Ngarlawangga People (WCD2016/007); Then southeasterly along the boundary of that native title determination to the intersection with a western boundary of Native Title Application WAD6280/1998 Nyiyaparli People (WC2005/006) at Latitude 23.800165 South; Then northerly, northwesterly and southwesterly along the boundaries of that native title application through the following coordinate positions.
LATITUDE (SOUTH)
LONGITUDE (EAST)
23.799776
119.730443
23.517542
119.659365
23.586534
119.564249
Then northwesterly back to the commencement point.
Note: Geographic Coordinates provided in Decimal Degrees.
Cadastral boundaries sourced from Landgate’s Spatial Cadastral Database dated 29 March 2018.
For the avoidance of doubt the application excludes any land and waters already claimed by:
Native Title Determination WAD340/2010 Yinhawangka Part A (WCD2017/003) as Determined in the Federal Court on 18 July 2017.
Native Title Determination WAD78/2005 Ngarlawangga People (WCD2016/007) as Determined in the Federal Court on 7 December 2016.
Native Title Determination WAD6096/1998 Banjima People (WCD2014/001) as Determined in the Federal Court on 11 March 2014.
Native Title Determination Application WAD6280/1998 Nyiyaparli People (WC2005/006) as Registered in the Federal Court on 11 August 2010.
Datum: Geocentric Datum of Australia 1994 (GDA94)
Prepared By: Graphic Services (Landgate) 3 August 2018
Use of Coordinates:
Where coordinates are used within the description to represent cadastral or topographical boundaries or the intersection with such, they are intended as a guide only. As an outcome to the custodians of cadastral and topographic data continuously recalculating the geographic position of their data based on improved survey and data maintenance procedures, it is not possible to accurately define such a position other than by detailed ground survey.
SCHEDULE TWO
MAPS OF THE DETERMINATION AREA
SCHEDULE THREE
EXCLUSIVE AREA (PARAGRAPH 4)
Native title comprises the rights and interests set out in paragraph 4 of the Determination in relation to the following land and waters (which areas are generally shown as shaded in green on the maps in Schedule Two):
1. AREAS WHERE SECTION 47A APPLIES
(a) The following reserves for the purpose of "use and benefit of Aborigines", subject to clause 1(b) below in relation to Reserve 41265:
Reserve No.
Name
Reserve 11463
Well 61
Reserve 41265
Jigalong
Reserve 42835
Parnpajinya
(b) For the avoidance of doubt, the area of Reserve 41265 does not include:
(i) Road 103, being the Jigalong Mission Road as described in Schedule Four, clause 4; or
(ii) Road 14 (Historical), being the Weelarrana-Ethel Creek Road as described in Schedule Four, clause 4
for the purposes of this Schedule Three and paragraph 4 of the Determination.
(c) The following pastoral leases, being leases which were held or on trust expressly for the benefit of Aboriginal peoples within the meaning of s 47A(1)(b)(ii) of the Native Title Act:
Lease No.
Name
PL N049404
Walagunya Station
PL N049420
Mount Divide Station
PL N049546
Robertson Range Station
2. AREAS WHERE SECTION 47B APPLIES
(a) Wonmunna
All those lands and waters commencing at Latitude 23.055742 South, Longitude 119.126278 East and extending easterly and southerly through the following coordinate positions:
LATITUDE (SOUTH)
LONGITUDE (EAST)
23.055741
119.167059
23.077529
119.167926
Then southerly to the intersection with a northern boundary of Lot 183 as shown on Deposited Plan 219300 being a point on the present northern side of the Great Northern Highway at Longitude 119.164336 East; Then generally westerly along the northern boundaries of that highway to Longitude 119.111522 East; Then northeasterly back to the commencement point.
Excluding:
(i) Those parts of the Nyiyaparli (WAD6280 of 1998) claim area which were covered by:
(A) Exploration licence 47/541;
(B) Exploration licence 47/542;
(C) Exploration licence 47/622;
as at the date the Nyiyaparli claim was filed on 29 September 1998.
(ii) Those parts of the Nyiyaparli #3 (WAD196 of 2013) claim area which were covered by:
(A) Exploration licence 47/541;
(B) Exploration licence 47/542;
(C) Exploration licence 47/622;
(D) Exploration licence 47/1137
as at the date the Nyiyaparli #3 claim was filed on 17 June 2013.
(b) Coondiner Creek
PORTION 1
All those lands and waters commencing at Latitude 23.156819 South, Longitude 119.556852 East and extending southeasterly, southwesterly, westerly, northerly, again westerly, northeasterly and again southeasterly through the following coordinate positions:
LATITUDE (SOUTH)
LONGITUDE (EAST)
23.162897
119.572377
23.207231
119.555638
23.205734
119.537131
23.187337
119.538872
23.181974
119.472865
23.160947
119.486818
23.183385
119.544832
Then northeasterly back to the commencement point.
PORTION 2
All those lands and waters commencing at the intersection of a southern boundary of the southwestern severance of Pastoral Lease N050368 (Marillana) with Longitude 119.596290 East; Then easterly and southerly along the boundaries of that pastoral lease to a southwestern corner of the southwestern severance at approximate Latitude 23.000043 South, Longitude 119.636977 East; Then generally southwesterly, northwesterly, southwesterly and again northwesterly through the following coordinate positions:
LATITUDE (SOUTH)
LONGITUDE (EAST)
23.070603
119.608190
23.082976
119.602235
23.121108
119.586613
23.116114
119.573910
23.137363
119.564155
23.115128
119.507541
Then northeasterly back to the commencement point.
Excluding those parts of the Nyiyaparli (WAD6280 of 1998) claim area which were covered by:
(i) Exploration licence 47/427;
(ii) Exploration licence 47/429;
(iii) Exploration licence 47/430;
(iv) Exploration licence 47/751;
(v) Exploration licence 47/807
as at the date the Nyiyaparli claim was filed on 29 September 1998.
(c) Karlka (Kalgan Creek)
All those lands and waters commencing at the intersection of a western boundary of the westernmost northwestern severance of Pastoral Lease N049724 (Ethel Creek) with Latitude 23.190922 South; Then southerly, easterly and again southerly along the boundaries of that pastoral lease to Latitude 23.215004 South; Then northwesterly, generally southwesterly, generally easterly, generally northerly, generally northeasterly, generally easterly, southeasterly and northeasterly through the following coordinate positions:
LATITUDE (SOUTH)
LONGITUDE (EAST)
23.178920
119.734410
23.192118
119.728054
23.199739
119.720011
23.205435
119.708752
23.204508
119.688881
23.205303
119.676429
23.205832
119.662123
23.204508
119.651525
23.201593
119.636424
23.199077
119.624634
23.199209
119.611122
23.202653
119.600922
23.210734
119.589265
23.217225
119.575886
23.225113
119.564712
23.208095
119.566323
23.198679
119.564626
23.186095
119.585688
23.180796
119.604367
23.179520
119.614859
23.182685
119.622950
23.174655
119.626638
23.192299
119.671590
23.181494
119.676552
23.168045
119.724675
23.197239
119.821864
23.181489
119.829449
Then southeasterly back to the commencement point.
Excluding those parts of the Nyiyaparli (WAD6280 of 1998) claim area which were covered by:
(i) Exploration licence 47/427;
(ii) Exploration licence 47/428;
(iii) Exploration licence 47/429;
(iv) Exploration licence 47/751
as at the date the Nyiyaparli claim was filed on 29 September 1998.
(d) Caramulla Creek
All those lands and waters commencing at the intersection of a northern boundary of the western severance of Reserve 41265 with Longitude 120.301861 East; Then northerly to the intersection with a southern boundary of the southern severance of Pastoral Lease N049724 (Ethel Creek) at Longitude 120.300623 East; Then easterly, northerly and again easterly along the boundaries of that pastoral lease to Longitude 120.371035 East; Then southerly to the intersection with a northwestern boundary of Reserve 9700 at Latitude 23.415873 South; Then southwesterly along the northwestern boundaries of that reserve to the intersection with a northern boundary of the western severance of Reserve 41265; Then westerly along the northern boundary of the western severance of that reserve back to the commencement point.
Excluding:
(i) Those parts of the Nyiyaparli (WAD6280 of 1998) claim area which were covered by:
(A) Exploration licence 52/172;
(B) Exploration licence 52/0018;
as at the date the Nyiyaparli claim was filed on 29 September 1998.
(ii) For the avoidance of doubt:
(A) Road 01 (Historical), being part of the old alignment of the Great Northern Highway as described in Schedule Four, clause 4;
(B) Road 14 (Historical), being the Weelarrana-Ethel Creek Road as described in Schedule Four, clause 4.
(e) Mintaramunya (Mount Newman)
All those lands and waters commencing at Latitude 23.273889 South, Longitude 119.594217 East and extending generally westerly, generally southwesterly, again generally westerly, generally northeasterly, generally southeasterly and westerly through the following coordinate positions:
LATITUDE (SOUTH)
LONGITUDE (EAST)
23.274091
119.593396
23.274170
119.593068
23.274241
119.592777
23.274410
119.592110
23.274484
119.591799
23.274525
119.591614
23.274560
119.591441
23.274590
119.591276
23.274615
119.591118
23.274632
119.590997
23.274647
119.590874
23.274673
119.590619
23.274693
119.590350
23.274708
119.590061
23.274717
119.589787
23.274722
119.589480
23.274727
119.588353
23.274727
119.588043
23.274721
119.587718
23.274709
119.587376
23.274690
119.587009
23.274670
119.586693
23.274645
119.586339
23.274556
119.585205
23.274526
119.584807
23.274501
119.584433
23.274482
119.584094
23.274469
119.583786
23.274460
119.583493
23.274456
119.583213
23.274457
119.582944
23.274460
119.582788
23.274465
119.582625
23.274472
119.582453
23.274482
119.582270
23.274504
119.581926
23.274566
119.581084
23.274581
119.580851
23.274592
119.580641
23.274600
119.580414
23.274605
119.580201
23.274605
119.579999
23.274602
119.579805
23.274597
119.579707
23.274590
119.579604
23.274579
119.579496
23.274566
119.579381
23.274534
119.579156
23.274466
119.578734
23.274440
119.578563
23.274417
119.578388
23.274401
119.578231
23.274394
119.578140
23.274390
119.578053
23.274387
119.577969
23.274388
119.577887
23.274390
119.577808
23.274395
119.577731
23.274402
119.577656
23.274412
119.577583
23.274431
119.577470
23.274456
119.577352
23.274487
119.577229
23.274524
119.577098
23.274559
119.576983
23.274601
119.576856
23.274751
119.576427
23.274806
119.576264
23.274987
119.575711
23.275091
119.575399
23.275192
119.575107
23.275288
119.574846
23.275389
119.574590
23.275490
119.574352
23.275541
119.574238
23.275592
119.574129
23.275644
119.574022
23.275697
119.573918
23.275765
119.573792
23.275840
119.573662
23.275922
119.573528
23.276014
119.573387
23.276101
119.573260
23.276199
119.573119
23.276558
119.572622
23.276701
119.572419
23.276844
119.572207
23.276907
119.572107
23.276966
119.572012
23.277055
119.571861
23.277146
119.571701
23.277240
119.571532
23.277339
119.571350
23.277517
119.571009
23.277940
119.570188
23.278055
119.569968
23.278161
119.569772
23.278343
119.569444
23.278536
119.569104
23.278743
119.568747
23.278967
119.568367
23.279164
119.568037
23.279386
119.567671
23.280382
119.566037
23.280638
119.565611
23.280866
119.565224
23.281094
119.564832
23.281304
119.564460
23.281502
119.564104
23.281687
119.563759
23.281886
119.563380
23.282089
119.562983
23.282301
119.562564
23.282524
119.562113
23.282724
119.561704
23.282945
119.561248
23.283877
119.559304
23.284527
119.557972
23.284770
119.557471
23.284903
119.557189
23.285026
119.556926
23.285141
119.556675
23.285248
119.556434
23.285400
119.556099
23.285697
119.555465
23.285816
119.555208
23.285935
119.554939
23.286038
119.554697
23.286094
119.554556
23.286147
119.554419
23.286195
119.554286
23.286240
119.554156
23.286281
119.554029
23.286319
119.553904
23.286354
119.553781
23.286385
119.553660
23.286438
119.553432
23.286487
119.553202
23.286530
119.552969
23.286569
119.552734
23.286602
119.552498
23.286629
119.552262
23.286652
119.552026
23.286669
119.551792
23.286676
119.551645
23.286679
119.551495
23.286680
119.551341
23.286677
119.551184
23.286670
119.551023
23.286661
119.550856
23.286647
119.550685
23.286631
119.550506
23.286613
119.550346
23.286593
119.550178
23.286543
119.549812
23.286490
119.549466
23.286370
119.548714
23.286324
119.548413
23.286256
119.547961
23.286183
119.547514
23.286107
119.547074
23.286026
119.546639
23.285941
119.546210
23.285852
119.545786
23.285759
119.545368
23.285661
119.544956
23.285611
119.544758
23.285549
119.544539
23.285485
119.544324
23.285316
119.543778
23.285269
119.543620
23.285229
119.543477
23.285187
119.543317
23.285150
119.543166
23.285119
119.543023
23.285092
119.542884
23.285057
119.542673
23.285025
119.542458
23.284997
119.542239
23.284972
119.542017
23.284952
119.541790
23.284935
119.541561
23.284921
119.541329
23.284912
119.541093
23.284900
119.540659
23.284898
119.540498
23.284899
119.540352
23.284903
119.540209
23.284910
119.540075
23.284920
119.539948
23.284933
119.539826
23.284942
119.539754
23.284955
119.539680
23.284971
119.539604
23.284989
119.539523
23.285011
119.539435
23.285038
119.539339
23.285155
119.538950
23.285202
119.538779
23.285225
119.538686
23.285244
119.538598
23.285259
119.538515
23.285271
119.538434
23.285285
119.538296
23.285295
119.538150
23.285301
119.537996
23.285302
119.537830
23.285300
119.537691
23.285295
119.537537
23.285267
119.536960
23.285258
119.536719
23.285244
119.535850
23.285239
119.535641
23.285232
119.535453
23.285221
119.535247
23.285208
119.535055
23.285191
119.534873
23.285171
119.534700
23.285156
119.534559
23.285121
119.534182
23.285108
119.534071
23.285092
119.533973
23.285070
119.533863
23.285044
119.533763
23.285012
119.533671
23.284995
119.533628
23.284976
119.533586
23.284939
119.533512
23.284899
119.533440
23.284859
119.533371
23.284816
119.533306
23.284773
119.533245
23.284729
119.533189
23.284684
119.533137
23.284638
119.533090
23.284600
119.533055
23.284560
119.533020
23.284516
119.532986
23.284469
119.532952
23.284420
119.532919
23.284368
119.532886
23.284256
119.532824
23.284192
119.532792
23.284124
119.532766
23.284053
119.532743
23.283979
119.532725
23.283902
119.532710
23.283821
119.532700
23.283736
119.532694
23.283647
119.532692
23.283562
119.532693
23.283473
119.532698
23.283378
119.532706
23.283276
119.532718
23.283091
119.532744
23.282750
119.532801
23.282619
119.532821
23.282478
119.532839
23.282149
119.532869
23.282001
119.532885
23.281922
119.532897
23.281850
119.532910
23.281782
119.532924
23.281719
119.532939
23.281649
119.532960
23.281585
119.532984
23.281524
119.533010
23.281468
119.533039
23.281416
119.533071
23.281367
119.533106
23.281323
119.533144
23.281282
119.533185
23.281249
119.533225
23.281215
119.533272
23.281182
119.533324
23.281093
119.533473
23.281064
119.533518
23.281036
119.533555
23.280949
119.533668
23.280901
119.533725
23.280852
119.533774
23.280829
119.533793
23.280806
119.533810
23.280772
119.533829
23.280734
119.533843
23.280692
119.533852
23.280645
119.533857
23.280600
119.533857
23.280550
119.533855
23.280360
119.533832
23.280283
119.533826
23.280242
119.533826
23.280205
119.533828
23.280171
119.533833
23.280140
119.533841
23.280091
119.533857
23.280042
119.533877
23.279991
119.533902
23.279937
119.533932
23.279839
119.533995
23.279605
119.534158
23.279540
119.534198
23.279481
119.534232
23.279388
119.534278
23.279174
119.534379
23.279078
119.534426
23.279006
119.534465
23.278932
119.534510
23.278856
119.534560
23.278775
119.534617
23.278703
119.534672
23.278623
119.534734
23.278347
119.534960
23.278237
119.535047
23.278123
119.535132
23.278019
119.535203
23.277958
119.535241
23.277898
119.535275
23.277840
119.535305
23.277783
119.535332
23.277726
119.535355
23.277670
119.535376
23.277614
119.535393
23.277558
119.535406
23.277483
119.535420
23.277404
119.535432
23.277321
119.535441
23.277234
119.535448
23.277143
119.535452
23.277045
119.535453
23.276941
119.535453
23.276825
119.535450
23.276760
119.535446
23.276689
119.535439
23.276367
119.535394
23.276290
119.535385
23.276221
119.535381
23.276010
119.535369
23.275897
119.535367
23.275843
119.535368
23.275793
119.535372
23.275745
119.535377
23.275701
119.535385
23.275656
119.535396
23.275611
119.535411
23.275566
119.535430
23.275521
119.535452
23.275476
119.535478
23.275431
119.535508
23.275385
119.535542
23.275338
119.535580
23.275261
119.535651
23.275176
119.535736
23.275098
119.535821
23.274918
119.536023
23.274830
119.536116
23.274750
119.536194
23.274675
119.536259
23.274259
119.536600
23.273998
119.536809
23.273754
119.536996
23.273640
119.537081
23.273529
119.537160
23.273402
119.537251
23.273108
119.537468
23.272974
119.537564
23.272832
119.537662
23.272703
119.537745
23.272632
119.537788
23.272562
119.537828
23.272494
119.537864
23.272428
119.537897
23.272362
119.537927
23.272298
119.537954
23.272234
119.537977
23.272171
119.537999
23.272103
119.538018
23.272031
119.538033
23.271955
119.538045
23.271873
119.538055
23.271791
119.538061
23.271699
119.538065
23.271338
119.538069
23.271184
119.538076
23.271101
119.538082
23.271025
119.538091
23.270953
119.538104
23.270884
119.538118
23.270669
119.538171
23.270540
119.538207
23.270479
119.538227
23.270423
119.538248
23.270371
119.538271
23.270322
119.538295
23.270267
119.538328
23.270208
119.538371
23.270142
119.538426
23.270008
119.538551
23.269948
119.538602
23.269884
119.538652
23.269853
119.538671
23.269823
119.538689
23.269789
119.538706
23.269753
119.538722
23.269716
119.538736
23.269677
119.538748
23.269636
119.538759
23.269594
119.538767
23.269504
119.538779
23.269413
119.538785
23.269311
119.538786
23.269205
119.538782
23.268913
119.538766
23.268826
119.538765
23.268748
119.538766
23.268660
119.538772
23.268580
119.538783
23.268506
119.538800
23.268437
119.538821
23.268369
119.538850
23.268299
119.538886
23.268228
119.538931
23.268154
119.538984
23.268090
119.539034
23.268020
119.539094
23.267795
119.539298
23.267712
119.539371
23.267630
119.539437
23.267555
119.539493
23.267476
119.539542
23.267401
119.539582
23.267363
119.539599
23.267326
119.539613
23.267289
119.539625
23.267252
119.539634
23.267201
119.539644
23.267144
119.539651
23.267077
119.539656
23.266869
119.539665
23.266803
119.539672
23.266745
119.539683
23.266663
119.539703
23.266579
119.539729
23.266492
119.539761
23.266402
119.539799
23.266309
119.539842
23.266212
119.539891
23.266108
119.539948
23.265995
119.540014
23.265922
119.540060
23.265849
119.540111
23.265773
119.540168
23.265694
119.540233
23.265627
119.540292
23.265553
119.540358
23.265240
119.540650
23.265166
119.540717
23.265097
119.540775
23.264944
119.540899
23.264776
119.541034
23.263993
119.541646
23.263806
119.541794
23.263640
119.541929
23.263406
119.542126
23.263147
119.542349
23.262904
119.542564
23.262338
119.543068
23.262061
119.543311
23.261808
119.543527
23.261575
119.543720
23.261406
119.543851
23.261216
119.543992
23.261021
119.544129
23.260498
119.544492
23.260344
119.544602
23.260207
119.544704
23.260054
119.544823
23.259915
119.544939
23.259786
119.545053
23.259667
119.545168
23.259557
119.545280
23.259448
119.545397
23.259339
119.545517
23.259231
119.545641
23.259124
119.545770
23.259018
119.545902
23.258912
119.546038
23.258807
119.546178
23.258704
119.546321
23.258601
119.546469
23.258499
119.546620
23.258398
119.546774
23.258298
119.546933
23.258200
119.547094
23.258102
119.547259
23.258006
119.547427
23.257927
119.547572
23.257848
119.547719
23.257771
119.547869
23.257696
119.548023
23.257622
119.548179
23.257550
119.548338
23.257479
119.548500
23.257409
119.548665
23.257341
119.548832
23.257275
119.549002
23.257210
119.549175
23.257147
119.549350
23.257085
119.549527
23.257026
119.549706
23.256968
119.549888
23.256912
119.550072
23.256855
119.550265
23.256802
119.550452
23.256752
119.550633
23.256707
119.550809
23.256664
119.550981
23.256624
119.551150
23.256587
119.551314
23.256554
119.551476
23.256523
119.551635
23.256495
119.551791
23.256471
119.551944
23.256449
119.552094
23.256430
119.552242
23.256414
119.552387
23.256401
119.552530
23.256390
119.552670
23.256383
119.552843
23.256381
119.553019
23.256386
119.553200
23.256398
119.553384
23.256416
119.553573
23.256440
119.553768
23.256472
119.553970
23.256509
119.554180
23.256545
119.554354
23.256585
119.554537
23.256631
119.554728
23.256682
119.554934
23.256784
119.555314
23.257039
119.556230
23.257104
119.556476
23.257160
119.556698
23.257215
119.556931
23.257262
119.557149
23.257302
119.557358
23.257336
119.557558
23.257387
119.557902
23.257441
119.558286
23.257613
119.559589
23.257681
119.560086
23.257751
119.560571
23.257917
119.561685
23.257992
119.562210
23.258172
119.563468
23.258250
119.564042
23.258287
119.564341
23.258319
119.564621
23.258347
119.564887
23.258370
119.565142
23.258377
119.565242
23.258381
119.565354
23.258383
119.565474
23.258384
119.565823
23.258387
119.565932
23.258392
119.566029
23.258402
119.566139
23.258415
119.566241
23.258433
119.566336
23.258456
119.566426
23.258489
119.566536
23.258528
119.566646
23.258572
119.566757
23.258621
119.566867
23.258674
119.566975
23.258731
119.567081
23.258791
119.567184
23.258854
119.567284
23.258886
119.567329
23.258921
119.567375
23.258961
119.567421
23.259004
119.567468
23.259099
119.567563
23.259300
119.567750
23.259384
119.567830
23.259427
119.567875
23.259467
119.567919
23.259502
119.567961
23.259535
119.568003
23.259577
119.568061
23.259617
119.568122
23.259657
119.568185
23.259696
119.568252
23.259734
119.568321
23.259772
119.568394
23.259809
119.568471
23.259846
119.568553
23.259905
119.568693
23.259967
119.568852
23.260024
119.569005
23.260154
119.569365
23.260220
119.569539
23.260283
119.569695
23.260344
119.569834
23.260383
119.569915
23.260428
119.570003
23.260482
119.570103
23.260647
119.570398
23.260697
119.570493
23.260739
119.570579
23.260784
119.570679
23.260820
119.570773
23.260849
119.570865
23.260871
119.570953
23.260883
119.571024
23.260891
119.571098
23.260894
119.571177
23.260893
119.571261
23.260888
119.571348
23.260879
119.571444
23.260831
119.571823
23.260822
119.571908
23.260815
119.571983
23.260811
119.572069
23.260811
119.572148
23.260815
119.572223
23.260822
119.572293
23.260835
119.572362
23.260851
119.572432
23.260872
119.572502
23.260898
119.572573
23.260928
119.572644
23.260963
119.572717
23.261002
119.572791
23.261047
119.572867
23.261087
119.572930
23.261130
119.572994
23.261230
119.573133
23.261332
119.573265
23.261579
119.573575
23.261697
119.573733
23.261752
119.573810
23.261801
119.573884
23.261846
119.573955
23.261885
119.574024
23.261920
119.574090
23.261952
119.574156
23.261979
119.574220
23.262003
119.574284
23.262024
119.574347
23.262041
119.574410
23.262054
119.574473
23.262064
119.574535
23.262073
119.574619
23.262080
119.574707
23.262085
119.574799
23.262088
119.574896
23.262089
119.574998
23.262087
119.575107
23.262077
119.575357
23.262068
119.575469
23.262051
119.575593
23.262032
119.575711
23.261982
119.575986
23.261961
119.576119
23.261947
119.576239
23.261941
119.576348
23.261940
119.576501
23.261945
119.576658
23.261956
119.576820
23.261973
119.576986
23.261997
119.577158
23.262026
119.577334
23.262062
119.577517
23.262105
119.577706
23.262157
119.577920
23.262201
119.578079
23.262223
119.578151
23.262246
119.578219
23.262270
119.578283
23.262294
119.578343
23.262323
119.578406
23.262360
119.578474
23.262398
119.578537
23.262489
119.578682
23.262531
119.578754
23.262565
119.578820
23.262591
119.578882
23.262614
119.578948
23.262633
119.579018
23.262649
119.579094
23.262663
119.579176
23.262672
119.579248
23.262680
119.579331
23.262700
119.579605
23.262709
119.579707
23.262720
119.579806
23.262735
119.579894
23.262813
119.580333
23.262836
119.580452
23.262860
119.580557
23.262887
119.580667
23.262917
119.580768
23.262949
119.580862
23.262983
119.580951
23.263006
119.581000
23.263031
119.581051
23.263060
119.581102
23.263092
119.581157
23.263164
119.581266
23.263316
119.581483
23.263379
119.581575
23.263440
119.581675
23.263489
119.581767
23.263545
119.581885
23.263598
119.582010
23.263649
119.582141
23.263698
119.582278
23.263746
119.582423
23.263792
119.582576
23.263838
119.582738
23.263883
119.582913
23.263908
119.583027
23.263931
119.583155
23.263949
119.583279
23.263986
119.583572
23.264009
119.583716
23.264035
119.583850
23.264050
119.583910
23.264065
119.583968
23.264079
119.584012
23.264095
119.584057
23.264136
119.584155
23.264180
119.584247
23.264295
119.584476
23.264324
119.584540
23.264349
119.584598
23.264373
119.584662
23.264393
119.584724
23.264407
119.584782
23.264417
119.584840
23.264425
119.584916
23.264429
119.584997
23.264429
119.585083
23.264425
119.585174
23.264417
119.585269
23.264404
119.585372
23.264388
119.585487
23.264364
119.585631
23.264353
119.585687
23.264338
119.585746
23.264320
119.585807
23.264298
119.585872
23.264252
119.585992
23.264133
119.586273
23.264105
119.586347
23.264081
119.586414
23.264061
119.586484
23.264045
119.586551
23.264034
119.586615
23.264027
119.586676
23.264024
119.586766
23.264027
119.586860
23.264036
119.586960
23.264051
119.587067
23.264069
119.587166
23.264093
119.587277
23.264197
119.587717
23.264234
119.587874
23.264280
119.588048
23.264328
119.588212
23.264444
119.588598
23.264498
119.588789
23.264542
119.588961
23.264628
119.589346
23.264669
119.589516
23.264694
119.589607
23.264720
119.589692
23.264746
119.589772
23.264774
119.589846
23.264824
119.589973
23.264866
119.590075
23.264907
119.590167
23.264946
119.590250
23.264986
119.590329
23.265026
119.590401
23.265067
119.590468
23.265109
119.590530
23.265141
119.590573
23.265178
119.590616
23.265219
119.590659
23.265265
119.590701
23.265315
119.590744
23.265371
119.590789
23.265603
119.590959
23.265699
119.591035
23.265749
119.591079
23.265794
119.591122
23.265834
119.591164
23.265870
119.591208
23.265932
119.591292
23.265992
119.591383
23.266052
119.591482
23.266111
119.591589
23.266169
119.591703
23.266228
119.591829
23.266289
119.591969
23.266360
119.592139
23.266380
119.592192
23.266400
119.592248
23.266418
119.592309
23.266435
119.592375
23.266464
119.592500
23.266529
119.592813
23.266549
119.592899
23.266570
119.592974
23.266596
119.593054
23.266624
119.593128
23.266654
119.593194
23.266688
119.593255
23.266724
119.593310
23.266765
119.593365
23.266812
119.593419
23.266866
119.593475
23.266918
119.593525
23.266978
119.593578
23.267201
119.593763
23.267289
119.593841
23.267335
119.593884
23.267376
119.593925
23.267413
119.593965
23.267448
119.594005
23.267486
119.594054
23.267524
119.594107
23.267563
119.594164
23.267603
119.594228
23.267673
119.594348
23.267694
119.594387
23.267694
119.594217
Then southerly back to the commencement point.
Excluding those parts of the Nyiyaparli (WAD6280 of 1998) claim area which were covered by:
(i) Exploration licence E47/280;
(ii) Exploration licence E47/751;
(iii) Exploration licence E47/807
as at the date the Nyiyaparli claim was filed on 29 September 1998.
(f) Jimblebar Creek
All those lands and waters commencing at the intersection of a northern boundary of Pastoral Lease N049932 (Sylvania) with Longitude 120.216343 East; Then westerly along the northern boundary of that pastoral lease to Longitude 120.160604 East; Then northerly through the following coordinate positions:
LATITUDE (SOUTH)
LONGITUDE (EAST)
23.362113
120.160593
23.289470
120.160593
Then northwesterly to a southeastern corner of the southern severance of Pastoral Lease N049724 (Ethel Creek) at approximate Latitude 23.266514 South, Longitude 120.157687 East; Then northerly and easterly along the boundaries of that pastoral lease to Longitude 120.216406 East; Then southerly back to the commencement point.
Excluding:
(i) That part of the Nyiyaparli (WAD6280 of 1998) claim area which was covered by mining lease AM 7000266 (M266SA) as at the date the Nyiyaparli claim was filed on 29 September 1998.
(ii) For the avoidance of doubt, Road 01 (Historical), being part of the old alignment of the Great Northern Highway as described in Schedule Four, clause 4.
Note in respect of technical descriptions in Schedule Three, clause 2:
Geographic Coordinates provided in Decimal Degrees.
All referenced Deposited Plans and Diagrams are held by the Western Australian Land Information Authority, trading as Landgate.
Cadastral boundaries sourced from Landgate’s Spatial Cadastral Database dated 29 March 2018.
Datum: Geocentric Datum of Australia 1994 (GDA94)
Prepared By: Graphic Services (Landgate) 7 August 2018
Use of Coordinates:
Where coordinates are used within the description to represent cadastral or topographical boundaries or the intersection with such, they are intended as a guide only. As an outcome to the custodians of cadastral and topographic data continuously recalculating the geographic position of their data based on improved survey and data maintenance procedures, it is not possible to accurately define such a position other than by detailed ground survey.
SCHEDULE FOUR
AREAS WHERE NATIVE TITLE DOES NOT EXIST (PARAGRAPH 2)
Native title does not exist in relation to land and waters the subject of the following interests within the Determination Area which, with the exception of public works (as described in clause 5 of this Schedule), are generally shown as shaded in pink on the maps in Schedule Two:
1. FREEHOLD
Grants of estates in fee simple within the Determination Area including the following:
Freehold No.
CT0110700649
CT0128700662
CT0129200383
CT0129200384
CT0150300791
CT0218200337
CT0284500317
CT0284500318
2. RESERVES
Reserve No.
Current / Last Purpose
17562
Water
17563
Water Supply and Battery Site
37344
Quarry Purposes
41155
Repeater Station Site
41702
Repeater Station Site
42274
Repeater Station Site
43076
Regenerator Site
43277
Regenerator Site
44274
Rubbish Disposal Site
44387
Recreation (Gun Club and Rifle Club)
3. LEASES
(a) Grants of the following leases, subject to clause 3(b) below in respect of special leases GE N088235 (formerly 3116/03684), 3116/03685 and 3116/03686:
Lease No.
Current / Last Purpose
GE I123595
Quarry for the production of railway ballast a stockpile area for the storage of the said railway ballast and other materials and equipment and a site for maintenance and construction workers' accommodation workshops and ancillary facilities for the requirements of the Lessees in the operation and maintenance of the railway constructed pursuant to the Agreement
GE I126374
Laying out development construction and provision of a water supply and ancillary installations and facilities for drawing conserving reticulating and supplying water for the requirements of the Lessees in the operation and maintenance of the railway constructed pursuant to the Agreement
GE I126948
Railway spur
GE I154279 (formerly 3116/03687)
Construction development maintenance use and operation of
(i) a railway and a service road between the mine and the port
(ii) all works facilities and services ancillary to the railway and service road referred to above
GE I163682
Construction development maintenance use and operation of radio communications and ancillary installations and facilities
GE J717063
The final design, construction, use, operation and maintenance of a rail spur line and associated access road from the Mining Lease to the West Angelas Spur Line together with associated infrastructure as detailed in the Approved Proposals and for ancillary and incidental purposes thereto including in accordance with the Approved Proposals the construction, use, operation and maintenance of borrow pits for the taking of soil and of water bores
GE J717064
The final design, construction, use and maintenance of a private access road from the Great Northern Highway to the Mining Lease to service the mining operations area and permanent accommodation village and for ancillary and incidental purposes thereto including in accordance with the Approved Proposals the construction, use, operation and maintenance of borrow pits and of water bores
GE N088235 (formerly 3116/03684)
The construction development maintenance use and operation of -
(i) a water supply for supplying water to the Mineral Lease and to the other areas demised to the Lessees in the vicinity of the Mineral Lease; and
(ii) all installations and facilities for conserving drawing reticulating and supplying water to the Mineral Lease and to the other areas demised to the Lessees in the vicinity of the Mineral Lease ancillary to all or any of the improvements referred to in paragraph (i)
GE N105667 (formerly 3116/04028)
Construction development maintenance use and operation of radio communications and ancillary installations and facilities
3116/02717
Grazing
3116/03683
Construction development maintenance use and operation of an aerodrome and ancillary installations and facilities
3116/03685
Construction development maintenance use and operation of -
(i) the greenbelt roads and ancillary facilities and amenities for the mine townsite and the town common surrounding the mine townsite
(ii) the control by the Lessees of any undesirable persons or elements who or which are or may be attracted to or in the vicinity of the said townsite or to any other operations in the vicinity thereof;
(iii) all works facilities and improvements ancillary to all or any of the matters referred to in paragraphs (i) and (ii) of this sub-clause
3116/03686
Construction development maintenance use and operation of -
(i) a townsite for the purpose of the Lessees' operations contemplated in the Agreement;
(ii) without limiting the foregoing the townsite, housing, shopping facilities, health, educational, social, recreational and welfare services, amenities, benefits and facilities, communication facilities and other residential and community services, utilities and facilities for the mine townsite;
(iii) the railway and service road constructed pursuant to the Agreement;
(iv) all works facilities and services ancillary to all or any of the improvements and matters referred to in paragraphs (i), (ii) and (iii)
(b) In respect of special leases GE N088235 (formerly 3116/03684), 3116/03685 and 3116/03686 listed above, the relevant area is the area originally granted (meaning, in the case of GE N088235 (formerly 3116/03684), the area originally granted under special lease 3116/03684 for the avoidance of doubt), but omitting:
(i) Reserve 42835 (Parnpajinya), being an area to which s 47A of the Native Title Act applies as set out in Schedule Five, clause 1; and
(ii) The following areas of unallocated Crown land, being areas to which s 47B of the Native Title Act applies as set out in Schedule Five, clause 2:
Area
Description / location
UCL 002
Lot 401 on DP 71872
UCL 005
Lot 402 on DP 71872
UCL 021
Lot 370 on DP 71869
UCL 022
Lot 349 on DP 74327
UCL 024
Lot 352 on DP 74327
UCL 026
Lot 353 on DP 74327
UCL 029
Lot 369 on DP 71870
UCL 030
Lot 510 on DP 73722
UCL 031
Lot 300 on DP 65155
UCL 032
Lot 510 on DP 73722
UCL 033
Lot 301 on DP 47460
UCL 034
Lot 348 on DP 71871
UCL 036
Lot 552 on DP 71668
UCL 039
Lot 1789 on DP 216374
UCL 043
Lot 72 on DP 216352, except to the extent covered by mineral lease AML700244 as at 29 September 1998
UCL 049
Lot 550 on DP 71666
UCL 050
Lot 1500 on DP 215129
UCL 052
Lot 300 on DP 64866
UCL 055
Lot 1976 on DP 216852
UCL 057
Lot 551 on DP 71667
UCL 093
Area bounded by Road 010, UCL 023 (Lot 2354 on DP 218837), general lease GE K858923, special lease 3116/03684, general lease GE I150289 and reserves 38674 and 39117, being the area of unallocated Crown land generally south of UCL 029 (Lot 369 on DP 71870) and UCL 032 (Lot 510 on DP 73722)
UCL 094
Area bounded by Road 010 and reserves 38674 and 39117
4. ROADS
Dedicated roads, roads set aside, taken or resumed, or roads which are to be considered public works (as that expression is defined in the Native Title Act and the Titles (Validation) and Native Title (Effect of Past Acts) Act 1995 (WA)), including the following:
MapInfo ID
Description
Shown in
ROAD 084
Road No. 3857 (part of Marble Bar Road)
Roy Hill 1:250,000 cadastral map dated April 1968
Government Gazette dated 10 June 1910, 1 April 1977 and 14 September 1979
ROAD 085
Road No. 14501
Original plan 11376
Government Gazette dated 3 March 1972
ROAD 086
Road No. 15053 (part of Marble Bar Road)
Roy Hill 1:250,000 (250) Public Plan prepared 4 October 1988
Government Gazette dated 19 July 1974
ROAD 102
Road No. 4274
Public Plan 503168 (99/300 No.3) cancelled on 8 February 1923
Public Plan 503101 (90/300 No.2) cancelled on 1 June 1916
Public Plan 506518 (80/300 No.2) cancelled on 31 October 1916
ROAD 103
Jigalong Mission Road
Public Plan 503111 (99/300 No.8) cancelled on 20 January 1971
Public Plan 506520A (80/300 No.5) cancelled on 24 April 1946
Government Gazette dated 10 March 1944
ROAD 104
Road No. 9170 (Noreena-Roy Hill Road)
Public Plan 503165 (98/300 No.8) cancelled on 16 July 1965
Government Gazette dated 3 and 10 March 1933
ROAD 105
Road No. 9169 (Munjina-Roy Hill Road)
Public plan 503165 (98/300 No.8) cancelled on 16 July 1965
Government Gazette dated 3 and 10 March 1933
ROAD 106
Road No. 8172
Public plan 503111 (91/300 No.8) cancelled on 20 January 1971
Public Plan 506523 (80/300) cancelled on 20 January 1972
Government Gazette dated 6 and 13 September 1929, 14 December 1951 and 18 January 1952
ROAD 107
Road No. 6588
Public Plan 503111 (91/300 No.8) cancelled on 20 January 1971
Public Plan 506523 (80/300) cancelled on 20 January 1972
Government Gazette dated 24 February 1922 and 3 March 1922
ROAD 01 (Historical)
Part of old alignment of Great Northern Highway
Public Plan 503111 (91/300 No.8) cancelled on 20 January 1971
Robertson SF51-13 topographic map published 1965
Roberston (250) Public Plan dated 1991
ROAD 13 (Historical)
Road No. 3857
Public Plan 503160 (98/300 No.4) cancelled on 6 May 1921
Government Gazette dated 10 June 1910, 1 April 1977 and 14 September 1979
ROAD 14 (Historical)
Weelarrana-Ethel Creek Road (part of old alignment of Great Northern Highway)
Public Plan 503111 (91/300 No.8) cancelled on 20 January 1971
Government Gazette dated 10 March 1944 and 27 November 1987
ROAD 15 (Historical)
Road No. 8172
Public Plan 503109 (91/300 No. 6) cancelled on 7 September 1937
Government Gazette dated 6 September 1929
5. PUBLIC WORKS
Any other public works, as that expression is defined in the Native Title Act and the Titles (Validation) and Native Title (Effect of Past Acts) Act 1995 (WA) (including the land and waters on which a public work is constructed, established or situated as described in s 251D of the Native Title Act), and to which s 12J of the Titles (Validation) and Native Title (Effect of Past Acts) Act 1995 (WA) or s 23C(2) of the Native Title Act applies.
SCHEDULE FIVE
AREAS TO WHICH SECTIONS 47A AND 47B OF THE NATIVE TITLE ACT APPLY (PARAGRAPH 9)
1. SECTION 47A AREAS:
Section 47A of the Native Title Act applies with the effect that any extinguishment by the creation of the following interests (and by the creation of any other prior interests in relation to the area of the following interests) is to be disregarded:
(a) The following reserves for the purpose of "use and benefit of Aborigines", subject to clause 1(b) below in relation to Reserve 41265:
Reserve No.
Name
Reserve 11463
Well 61
Reserve 41265
Jigalong
Reserve 42835
Parnpajinya
(b) For the avoidance of doubt, the area of Reserve 41265 does not include:
(i) Road 103, being the Jigalong Mission Road as described in Schedule Four, clause 4; or
(ii) Road 14 (Historical), being the Weelarrana-Ethel Creek Road as described in Schedule Four, clause 4
for the purposes of this Schedule Five and paragraph 9 of the Determination.
(c) The following pastoral leases, being leases which were held or on trust expressly for the benefit of Aboriginal peoples within the meaning of s 47A(1)(b)(ii) of the Native Title Act:
Lease No.
Name
PL N049404
Walagunya Station
PL N049420
Mount Divide Station
PL N049546
Robertson Range Station
2. SECTION 47B AREAS:
Section 47B of the Native Title Act applies with the effect that any extinguishment over the following areas by the creation of a prior interest (to the extent that the areas were not covered by an interest described in s 47B(1)(b)(i) or (ii) or subject to a resumption process as described in s 47B(1)(b)(iii) of the Native Title Act when the relevant native title determination application was made) is to be disregarded:
Area
Description / location
Wonmunna
As described in Schedule Three, clause 2(a)
Coondiner Creek
As described in Schedule Three, clause 2(b)
Karlka (Kalgan Creek)
As described in Schedule Three, clause 2(c)
Caramulla Creek
As described in Schedule Three, clause 2(d)
Mintaramunya (Mount Newman)
As described in Schedule Three, clause 2(e)
Jimblebar Creek
As described in Schedule Three, clause 2(f)
UCL 002
Lot 401 on DP 71872
UCL 005
Lot 402 on DP 71872
UCL 021
Lot 370 on DP 71869
UCL 022
Lot 349 on DP 74327
UCL 024
Lot 352 on DP 74327
UCL 026
Lot 353 on DP 74327
UCL 029
Lot 369 on DP 71870
UCL 030
Lot 510 on DP 73722
UCL 031
Lot 300 on DP 65155
UCL 032
Lot 510 on DP 73722
UCL 033
Lot 301 on DP 47460
UCL 034
Lot 348 on DP 71871
UCL 036
Lot 552 on DP 71668
UCL 039
Lot 1789 on DP 216374
UCL 043
Lot 72 on DP 216352, except to the extent covered by mineral lease AML700244 as at 29 September 1998
UCL 049
Lot 550 on DP 71666
UCL 050
Lot 1500 on DP 215129
UCL 052
Lot 300 on DP 64866
UCL 055
Lot 1976 on DP 216852
UCL 057
Lot 551 on DP 71667
UCL 093
Area bounded by Road 010, UCL 023 (Lot 2354 on DP 218837), general lease GE K858923, special lease 3116/3684, general lease GE I150289 and reserves 38674 and 39117, being the area of unallocated Crown land generally south of UCL 029 (Lot 369 on DP 71870) and UCL 032 (Lot 510 on DP 73722)
UCL 094
Area bounded by Road 010 and reserves 38674 and 39117
SCHEDULE SIX
OTHER INTERESTS (PARAGRAPH 10)
The nature and extent of the Other Interests in relation to the Determination Area are as follows.
Land tenure interests registered with the Western Australian Land Information Authority are current as at 29 March 2018. Mining tenements and petroleum interests registered with the Department of Mines, Industry Regulation and Safety are current as at 15 June 2018. All other interests are current as at the date of the determination.
1. RESERVES
(a) The following reserves:
Reserve No.
Current Purpose
RES 09698
Fortescue-Cue Stock Route
RES 09700
De Grey-Peak Hill Stock Route
RES 11463 (Well 61)
Use and Benefit of Aboriginal Inhabitants
RES 12297
Protection of the Rabbit-proof Fence No.1
RES 15159
Stock Route
RES 17650
Racecourse
RES 18938
Stock Route (Deviation)
RES 41265 (Jigalong)
Use and Benefit of Aboriginal Inhabitants
RES 42835 (Parnpajinya)
Use and Benefit of Aboriginal Inhabitants
(b) The rights and interests of persons who have the care, control and management of the reserves identified in clause 1(a) above;
(c) The rights and interests of persons entitled to access and use the reserves identified in clause 1(a) above for the respective purposes for which they are reserved, subject to any statutory limitations upon those rights; and
(d) The rights and interests of persons holding leases over areas of the reserves identified in clause 1(a) above, if any.
2. PASTORAL LEASES
(a) The following pastoral leases and the rights and interests of the holders from time to time of those leases:
Lease No.
Station Name
PL N049546
Robertson Range Station
PL N049553
Balfour Downs Station
PL N049879
Wandanya Station
PL N050368
Marillana Station
PL N049724
Ethel Creek Station
PL N049404
Walagunya Station
PL N050553
Prairie Downs Station
PL N050094
Kumarina Station
PL N049943
Bulloo Downs Station
PL N050430
Bonney Downs Station
PL N049932
Sylvania Station
PL N049890
Weelarrana Station
PL N050452
Hillside Station
PL N049420
Mount Divide Station
PL N050058
Noreena Downs Station
PL N049548
Balfour Downs Station
PL N050622
Roy Hill Station
(b) Any rights and obligations of the pastoralists pursuant to the pastoral leases referred to in clause 2(a) above to adopt and exercise best practice management of the pasture and vegetation resources, livestock and soils within the boundaries of the pastoral leases in order to manage stock and for the management, conservation and regeneration of pasture for permitted uses.
3. LEASES
(a) The following leases and the rights and interests of the holders from time to time of those leases:
Lease No.
Purpose
GE H326098
Cultivation and grazing
4. ROADS
(a) The following roads and the rights and interests of the persons having the care, control and management of those roads from time to time, to the extent the areas of these roads do not fall within Schedule Four as areas where native title does not exist:
Map Info ID
Description
Shown in
ROAD 013
Part of Great Northern Highway
DP 217097
ROAD 014
Part of Great Northern Highway
DP 217098
ROAD 015
Part of Great Northern Highway
DP 217099
ROAD 017
Part of Great Northern Highway
DP 219293
ROAD 018
Part of Great Northern Highway
DP 219294
ROAD 019
Part of Great Northern Highway
DP 219295
ROAD 020
Part of Great Northern Highway
DP 219296
ROAD 021
Part of Great Northern Highway
DP 219297
ROAD 022
Part of Great Northern Highway
DP 219298
ROAD 023
Part of Great Northern Highway
DP 219299
ROAD 024
Part of Great Northern Highway
DP 219300
ROAD 025
Part of Great Northern Highway
DP 219301
ROAD 026
Part of Great Northern Highway
DP 219302
ROAD 027
Part of Great Northern Highway
DP 50856 and DP 50859 (formerly DP 219303)
5. EASEMENTS
(a) The following easements and the rights and interests of the holders from time to time of those easements, to the extent the areas of these easements do not fall within Schedule Four as areas where native title does not exist:
Easement No.
Description
J717065 E
Rail spur
N248447
Electricity transmission line and associated infrastructure
6. MINING TENEMENTS AND PETROLEUM INTERESTS
(a) The following mining tenements under the Mining Act 1904 (WA) (repealed) and the Mining Act 1978 (WA) and the rights and interests of the holders from time to time of those mining tenements:
(i) Mining leases
Tenure ID
Tenure ID
Tenure ID
Tenure ID
M 4501102
M 4600337
M 4600412
M 4600491
M 4501124
M 4600338
M 4600413
M 4600518
M 4501125
M 4600339
M 4600414
M 4600519
M 4600080
M 4600340
M 4600415
M 4700514
M 4600081
M 4600341
M 4600416
M 4700580
M 4600121
M 4600342
M 4600417
M 4701233
M 4600249
M 4600343
M 4600418
M 4701414
M 4600292
M 4600344
M 4600419
M 4701423
M 4600293
M 4600345
M 4600420
M 4701424
M 4600314
M 4600346
M 4600421
M 4701439
M 4600315
M 4600347
M 4600422
M 4701461
M 4600316
M 4600348
M 4600423
M 5200007
M 4600317
M 4600349
M 4600424
M 5200010
M 4600318
M 4600350
M 4600437
M 5200059
M 4600319
M 4600351
M 4600438
M 5200062
M 4600320
M 4600352
M 4600439
M 5200211
M 4600321
M 4600353
M 4600440
M 5200609
M 4600322
M 4600354
M 4600450
M 5200661
M 4600323
M 4600355
M 4600451
M 5200790
M 4600324
M 4600356
M 4600452
M 5200791
M 4600325
M 4600357
M 4600453
M 5200798
M 4600326
M 4600401
M 4600454
M 5200803
M 4600327
M 4600402
M 4600481
M 5200804
M 4600328
M 4600403
M 4600482
M 5201034
M 4600329
M 4600404
M 4600483
M 5201043
M 4600330
M 4600405
M 4600484
M 5201052
M 4600331
M 4600406
M 4600485
M 5201053
M 4600332
M 4600407
M 4600486
M 5201063
M 4600333
M 4600408
M 4600487
M 5201064
M 4600334
M 4600409
M 4600488
M 5201070
M 4600335
M 4600410
M 4600489
M 4600336
M 4600411
M 4600490
(ii) Exploration licences
Tenure ID
Tenure ID
Tenure ID
Tenure ID
E 4502498
E 4601080
E 4702053
E 5202372
E 4502652
E 4601085
E 4702054
E 5202398
E 4600413
E 4601087
E 4702085
E 5202409
E 4600467
E 4601099
E 4702119
E 5202591
E 4600516
E 4601116
E 4702141
E 5202876
E 4600518
E 4601119
E 4702172
E 5202933
E 4600519
E 4601128
E 4702173
E 5203097
E 4600535
E 4601131
E 4702177
E 5203160
E 4600566
E 4601132
E 4702280
E 5203184
E 4600567
E 4601157
E 4702291
E 5203204
E 4600568
E 4601158
E 4702664
E 5203217
E 4600569
E 4601159
E 4702665
E 5203233
E 4600580
E 4601160
E 4702666
E 5203261
E 4600586
E 4601188
E 4703170
E 5203296
E 4600590
E 4601189
E 4703194
E 5203306
E 4600595
E 4700013
E 4703218
E 5203323
E 4600600
E 4700280
E 4703222
E 5203348
E 4600601
E 4700319
E 4703225
E 5203348
E 4600610
E 4700539
E 4703226
E 5203357
E 4600611
E 4700540
E 4703315
E 5203360
E 4600612
E 4700541
E 4703347
E 5203361
E 4600616
E 4700542
E 4703349
E 5203363
E 4600621
E 4700622
E 4703403
E 5203364
E 4600623
E 4700623
E 4703405
E 5203365
E 4600662
E 4700624
E 4703444
E 5203366
E 4600664
E 4701137
E 4703454
E 5203370
E 4600666
E 4701140
E 4703498
E 5203371
E 4600675
E 4701191
E 4703499
E 5203373
E 4600699
E 4701192
E 4703505
E 5203390
E 4600706
E 4701224
E 4703512
E 5203396
E 4600741
E 4701225
E 4703513
E 5203411
E 4600743
E 4701228
E 4703549
E 5203413
E 4600776
E 4701235
E 4703575
E 5203416
E 4600787
E 4701307
E 4703581
E 5203417
E 4600799
E 4701308
E 4703583
E 5203422
E 4600835
E 4701313
E 4703585
E 5203441
E 4600861
E 4701320
E 4703628
E 5203444
E 4600862
E 4701326
E 5200023
E 5203447
E 4600947
E 4701327
E 5201658
E 5203448
E 4600965
E 4701380
E 5201711
E 5203450
E 4601000
E 4701385
E 5201772
E 5203456
E 4601001
E 4701387
E 5201776
E 5203471
E 4601020
E 4701388
E 5201894
E 5203474
E 4601036
E 4701392
E 5201905
E 5203517
E 4601041
E 4701393
E 5201926
E 5203524
E 4601042
E 4701423
E 5201937
E 5203532
E 4601044
E 4701491
E 5202009
E 5203536
E 4601045
E 4701522
E 5202160
E 5203541
E 4601046
E 4701540
E 5202247
E 5203543
E 4601055
E 4701587
E 5202300
E 5203544
E 4601069
E 4701598
E 5202303
E 5203559
E 4601076
E 4701922
E 5202311
E 5203561
E 4601077
E 4702052
E 5202350
E 5203562
(iii) General purpose leases
Tenure ID
Tenure ID
Tenure ID
Tenure ID
G 4600007
G 5200083
G 5200151
G 5200219
G 5200008
G 5200084
G 5200152
G 5200220
G 5200015
G 5200085
G 5200153
G 5200221
G 5200018
G 5200086
G 5200154
G 5200222
G 5200019
G 5200087
G 5200155
G 5200223
G 5200020
G 5200088
G 5200156
G 5200224
G 5200021
G 5200089
G 5200157
G 5200225
G 5200022
G 5200090
G 5200158
G 5200226
G 5200023
G 5200091
G 5200159
G 5200227
G 5200024
G 5200092
G 5200160
G 5200228
G 5200025
G 5200093
G 5200161
G 5200229
G 5200026
G 5200094
G 5200162
G 5200230
G 5200027
G 5200095
G 5200163
G 5200231
G 5200028
G 5200096
G 5200164
G 5200232
G 5200029
G 5200097
G 5200165
G 5200233
G 5200030
G 5200098
G 5200166
G 5200234
G 5200031
G 5200099
G 5200167
G 5200235
G 5200032
G 5200100
G 5200168
G 5200236
G 5200033
G 5200101
G 5200169
G 5200237
G 5200034
G 5200102
G 5200170
G 5200238
G 5200035
G 5200103
G 5200171
G 5200239
G 5200036
G 5200104
G 5200172
G 5200240
G 5200037
G 5200105
G 5200173
G 5200241
G 5200038
G 5200106
G 5200174
G 5200242
G 5200039
G 5200107
G 5200175
G 5200243
G 5200040
G 5200108
G 5200176
G 5200244
G 5200041
G 5200109
G 5200177
G 5200245
G 5200042
G 5200110
G 5200178
G 5200246
G 5200043
G 5200111
G 5200179
G 5200247
G 5200044
G 5200112
G 5200180
G 5200248
G 5200045
G 5200113
G 5200181
G 5200249
G 5200046
G 5200114
G 5200182
G 5200250
G 5200047
G 5200115
G 5200183
G 5200251
G 5200048
G 5200116
G 5200184
G 5200252
G 5200049
G 5200117
G 5200185
G 5200253
G 5200050
G 5200118
G 5200186
G 5200254
G 5200051
G 5200119
G 5200187
G 5200255
G 5200052
G 5200120
G 5200188
G 5200256
G 5200053
G 5200121
G 5200189
G 5200258
G 5200054
G 5200122
G 5200190
G 5200259
G 5200055
G 5200123
G 5200191
G 5200260
G 5200056
G 5200124
G 5200192
G 5200261
G 5200057
G 5200125
G 5200193
G 5200262
G 5200058
G 5200126
G 5200194
G 5200263
G 5200059
G 5200127
G 5200195
G 5200264
G 5200060
G 5200128
G 5200196
G 5200265
G 5200061
G 5200129
G 5200197
G 5200266
G 5200062
G 5200130
G 5200198
G 5200267
G 5200063
G 5200131
G 5200199
G 5200268
G 5200064
G 5200132
G 5200200
G 5200269
G 5200065
G 5200133
G 5200201
G 5200270
G 5200066
G 5200134
G 5200202
G 5200271
G 5200067
G 5200135
G 5200203
G 5200272
G 5200068
G 5200136
G 5200204
G 5200273
G 5200069
G 5200137
G 5200205
G 5200274
G 5200070
G 5200138
G 5200206
G 5200276
G 5200071
G 5200139
G 5200207
G 5200277
G 5200072
G 5200140
G 5200208
G 5200278
G 5200073
G 5200141
G 5200209
G 5200279
G 5200074
G 5200142
G 5200210
G 5200280
G 5200075
G 5200143
G 5200211
G 5200281
G 5200076
G 5200144
G 5200212
G 5200282
G 5200077
G 5200145
G 5200213
G 5200283
G 5200078
G 5200146
G 5200214
G 5200284
G 5200079
G 5200147
G 5200215
G 5200285
G 5200080
G 5200148
G 5200216
G 5200081
G 5200149
G 5200217
G 5200082
G 5200150
G 5200218
(iv) Miscellaneous licences
Tenure ID
Tenure ID
Tenure ID
Tenure ID
L 4600035
L 4600112
L 4700627
L 5200087
L 4600036
L 4600124
L 4700642
L 5200088
L 4600037
L 4600130
L 4700654
L 5200099
L 4600040
L 4600133
L 4700655
L 5200101
L 4600047
L 4600134
L 4700656
L 5200103
L 4600048
L 4600135
L 4700658
L 5200105
L 4600049
L 4700092
L 4700660
L 5200108
L 4600051
L 4700193
L 4700693
L 5200109
L 4600052
L 4700197
L 4700702
L 5200115
L 4600053
L 4700198
L 4700726
L 5200123
L 4600057
L 4700346
L 4700727
L 5200131
L 4600064
L 4700347
L 4700735
L 5200141
L 4600066
L 4700378
L 4700752
L 5200157
L 4600080
L 4700399
L 4700757
L 5200163
L 4600084
L 4700400
L 4700766
L 5200174
L 4600085
L 4700417
L 4700770
L 5200177
L 4600096
L 4700420
L 4700772
L 5200178
L 4600099
L 4700515
L 4700809
L 5200179
L 4600100
L 4700555
L 5200079
L 5200181
L 4600104
L 4700559
L 5200083
L 5200183
L 4600110
L 4700569
L 5200084
L 4600111
L 4700626
L 5200086
(v) Prospecting licences
Tenure ID
P 4601688
P 4701611
P 4701718
P 4701816
P 5201485
P 5201525
(vi) Retention licences
Tenure ID
R 4600001
R 4600002
R 4700013
R 4700015
R 4700016
R 5200002
R 5200003
R 5200004
R 5200005
R 5200006
R 5200008
(vii) Temporary reserves
Tenure ID
TR 7004192
TR 7004193
TR 7004266
TR 7004267
TR 7004737
TR 7004881
TR 7004882
TR 7004883
TR 7004884
TR 7007484
(b) The agreement as amended and ratified by the Goldfields Gas Pipeline Agreement Act 1994 (WA) and rights and interests comprised in, conferred under or in accordance with, or pursuant to that agreement, including the following interests:
Tenement ID
Tenement Type
PL24
Pipeline licence
F924685
Easement
(c) The agreement as amended and ratified by the Iron Ore (Hope Downs) Agreement Act 1992 (WA) and rights and interests comprised in, conferred under or in accordance with, or pursuant to that agreement, including the following mining tenements:
Tenement ID
Tenement Type
AM 7000282 (M 282SA)
Mining lease
(d) The agreement as amended and ratified by the Iron Ore (Goldsworthy-Nimingarra) Agreement Act 1972 (WA) and rights and interests comprised in, conferred under or in accordance with, or pursuant to that agreement, including the following mining tenements:
Tenement ID
Tenement Type
AM 7000263 (M 263SA)
Mining lease
(e) The agreement as amended and ratified by the Iron Ore (Hamersley Range) Agreement Act 1963 (WA) and rights and interests comprised in, conferred under or in accordance with, or pursuant to that agreement, including the following mining tenements:
Tenement ID
Tenement Type
AL 7000005 (L 5SA)
Miscellaneous licence
(f) The agreement as amended and ratified by the Iron Ore (Marillana Creek) Agreement Act 1991 (WA) and rights and interests comprised in, conferred under or in accordance with, or pursuant to that agreement, including the following mining tenements:
Tenement ID
Tenement Type
AM 7000270 (M 270SA)
Mining lease
(g) The agreement as amended and ratified by the Iron Ore (Mount Goldsworthy) Agreement Act 1964 (WA) and rights and interests comprised in, conferred under or in accordance with, or pursuant to that agreement, including the following mining tenements:
Tenement ID
Tenement Type
AML 7000249 (ML 249SA)
Mineral lease
AML 7000281 (ML 281SA)
Mineral lease
(h) The agreement as amended and ratified by the Iron Ore (Mount Newman) Agreement Act 1964 (WA) and rights and interests comprised in, conferred under or in accordance with, or pursuant to that agreement, including the following mining tenements:
Tenement ID
Tenement Type
AML 7000244 (ML 244SA)
Mineral lease
(i) The agreement as amended and ratified by the Iron Ore (McCamey's Monster) Agreement Authorisation Act 1972 (WA) and rights and interests comprised in, conferred under or in accordance with, or pursuant to that agreement, including the following mining tenements:
Tenement ID
Tenement Type
AM 7000266 (M 266SA)
Mining lease
(j) The agreement as amended and ratified by the Iron Ore (Yandicoogina) Agreement Act 1996 (WA) and rights and interests comprised in, conferred under or in accordance with, or pursuant to that agreement, including the following mining tenements:
Tenement ID
Tenement Type
AM 7000274 (M 274SA)
Mining lease
(k) The agreement as amended and ratified by the Railway and Port (The Pilbara Infrastructure Pty Ltd) Agreement Act 2004 (WA) and rights and interests comprised in, conferred under or in accordance with, or pursuant to that agreement, including the following mining tenements:
Tenement ID
Tenement Type
AL 7000001 (L 1SA)
Miscellaneous licence
(l) The agreement as amended and ratified by the Railway (Roy Hill Infrastructure Pty Ltd) Agreement Act 2010 (WA) and rights and interests comprised in, conferred under or in accordance with, or pursuant to that agreement, including the following mining tenements:
Tenement ID
Tenement Type
AL 7000004 (L 4SA)
Miscellaneous licence
7. ACCESS TO MINING AND PETROLEUM AREAS
(a) Without limiting the operation of any other clause in Schedule Six, but subject to clause 7(b) below, any rights of the holders from time to time of a mining tenement or petroleum title, including those referred to in clause 6 of Schedule Six, to use (including by servants, agents and contractors) such portions of existing roads and tracks in the Determination Area as necessary to have access to the area the subject of the mining tenement or petroleum title for the purposes of exercising the rights granted by that tenement or title.
(b) Nothing in clause 7(a) above allows any upgrade, extension, widening or other improvement to the road or track other than work done to maintain it in reasonable repair and in order to leave it in substantially the same condition as it was prior to its use pursuant to clause 7(a).
(c) Nothing in this Schedule Six will limit the rights of the holders from time to time of mining tenements or petroleum titles, including those referred to in clause 6 of Schedule Six, including, without limitation, any right to exclude members of the public from entering onto the land and waters the subject of any mining tenement or petroleum title.
8. TELSTRA CORPORATION LIMITED
The rights and interests of Telstra Corporation Limited (ACN 051 775 556):
(a) as the owner or operator of telecommunications facilities within the Determination Area;
(b) created pursuant to the Post and Telegraph Act 1901 (Cth), the Telecommunications Act 1975 (Cth), the Australian Telecommunications Corporation Act 1989 (Cth), the Telecommunications Act 1991 (Cth) and the Telecommunications Act 1997 (Cth), including rights:
(i) to inspect land;
(ii) to install, occupy and operate telecommunications facilities; and
(iii) to alter, remove, replace, maintain, repair and ensure the proper functioning of its telecommunications facilities;
(c) for its employees, agents or contractors to access its telecommunications facilities in and in the vicinity of the Determination Area in performance of their duties; and
(d) under any lease, licence, permit, access agreement or easement relating to its telecommunications facilities in the Determination Area.
9. INDIGENOUS LAND USE AGREEMENTS
The following Indigenous Land Use Agreements, including the rights and interests comprised in, conferred under, or in accordance with, or pursuant to, each agreement:
(a) The Nyiyaparli and BHP Billiton Comprehensive Agreement Initial Indigenous Land Use Agreement (Area Agreement) dated 26 June 2012, and registered on the Register of Indigenous Land Use Agreements on 13 March 2013 (Tribunal No. WI2012/005).
(b) The Nyiyaparli and BHP Billiton Comprehensive Agreement Further Indigenous Land Use Agreement (Area Agreement) (Nyiyaparli #3) dated 16 July 2015, and registered on the Register of Indigenous Land Use Agreements on 18 January 2016 (Tribunal No. WI2015/011).
(c) The RTIO and Nyiyaparli People Indigenous Land Use Agreement (Area Agreement) dated 12 July 2012, and registered on the Register of Indigenous Land Use Agreements on 13 March 2013 (Tribunal No. WI2012/007).
(d) The RTIO and Nyiyaparli People Additional ILUA (Area Agreement) for Nyiyaparli People's Native Title Claim #3 dated 9 October 2005, and registered on the Register of Indigenous Land Use Agreements on 10 March 2016 (Tribunal No. WI2015/013).
10. OTHER
The following rights and interests:
(a) rights and interests, including licences and permits, granted by the Crown in right of the State or of the Commonwealth pursuant to statute or otherwise in the exercise of its executive power and any regulations made pursuant to such legislation;
(b) rights and interests held by reason of the force and operation of the laws of the State or of the Commonwealth, including but not limited to, the force and operation of the Rights in Water and Irrigation Act 1914 (WA);
(c) rights and interests of members of the public arising under the common law, including but not limited to:
(i) the public right to fish;
(ii) the public right to navigate; and
(iii) the right of any person to use and enjoy any roads in the Determination Area (subject to the laws of the State) over which, as at the date of this Determination, members of the public have a right of access under the common law;
(d) the right to access the Determination Area by:
(i) an employee, agent or instrumentality of the State;
(ii) an employee, agent or instrumentality of the Commonwealth;
(iii) an employee, agent or instrumentality of any local government authority,
as required in the performance of his or her statutory or common law duty, including for the purpose of pest management control and fire hazard management on areas of unallocated Crown land;
(e) so far as confirmed pursuant to s 212(2) of the Native Title Act and s 14 of the Titles (Validation) and Native Title (Effect of Past Acts) Act 1995 (WA) as at the date of this Determination, any existing public access to, and enjoyment of, the following places in the Determination Area:
(i) waterways;
(ii) beds and banks or foreshores of waterways;
(iii) coastal waters;
(iv) beaches;
(v) stock routes; and
(vi) areas that were public places at the end of 31 December 1993;
(f) any other:
(i) legal or equitable estate or interest in the land or waters; or
(ii) right (including a right under an option and a right of redemption), charge, power or privilege over, or in connection with:
(A) the land or waters; or
(B) an estate or interest in the land or waters; or
(iii) restriction on the use of the land or waters, whether or not annexed to other land or waters.
SCHEDULE SEVEN
NATIVE TITLE HOLDERS (PARAGRAPH 3)
The Nyiyaparli People are those persons who:
(a) are descended from, in accordance with the traditional laws acknowledged and the traditional customs observed by the Nyiyaparli People, one or more of the following persons:
(i) Mintaramunya;
(ii) Pitjirrpangu;
(iii) Yirkanpangu (Jesse);
(iv) Kitjiempa (Molly);
(v) Mapa (Rosie);
(vi) Iringkulayi (Billy Martin Moses);
(vii) Parnkahanha (Toby Cadigan);
(viii) Wirlpangunha (Rabbity-Bung);
(ix) Wuruwurunha (Tommy Malana);
(x) Ijiyangu (Daisy);
(xi) Sibling set of Ivy, Solomon and Mildred; and
(xii) Sibling set of Maynha and Itika,
or, though not descended from those persons, have been incorporated into the Nyiyaparli group in accordance with Nyiyaparli traditional laws and customs,
and
(b) identify themselves as Nyiyaparli under traditional law and custom and are so identified by other Nyiyaparli People as Nyiyaparli;
and
(c) have a connection with the land and waters of the Determination Area, in accordance with the traditional laws acknowledged and the traditional customs observed by the Nyiyaparli People.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.