Wayilwan People v Attorney General of New South Wales
[2024] FCA 900
•14 August 2024
FEDERAL COURT OF AUSTRALIA
Ohlsen on behalf of the Ngemba, Ngiyampaa, Wangaaypuwan and
Wayilwan People v Attorney General of New South Wales [2024] FCA 900
File number(s): NSD 38 of 2019 Judgment of: PERRY J Date of judgment: 14 August 2024 Catchwords: NATIVE TITLE – consent determination – determination of native title by consent pursuant to s 87 of the Native Title Act 1993 (Cth) – appropriate to make orders – nomination of prescribed body corporate – determination of native title
made Legislation: Native Title Act 1993 (Cth) ss 23B, 47, 47B, 55, 56, 57, 61,
62A, 67, 68, 87, 94A, 199B, 213, 225, 251B, 253Native Title (Prescribed Bodies Corporate) Regulations 1999 (Cth) Aboriginal Land Rights Act 1983 (NSW)
Crown Lands Act 1884 (NSW)
Crown Lands Act 1889 (NSW)
Crown Lands Act 1895 (NSW)
Crown Lands Act Amendment Act 1903 (NSW)
Crown Lands Consolidation Act 1913 (NSW)
Western Lands Act 1901 (NSW)Cases cited: Agius v State of South Australia (No 6) [2018] FCA 358
Attorney-General (NSW) v Ohlsen [2022] FCAFC 38;
(2022) 290 FCR 173Barkandji Traditional Owners #8 v Attorney-General (NSW) [2015] FCA 604 Barkandji Traditional Owners #8 v Attorney-General (NSW) [2017] FCA 971
Brown v South Australia [2010] FCA 875; (2010) 189 FCR
540Bullen on behalf of the Esperance Nyungar People v State of Western Australia [2014] FCA 197
CG v Western Australia [2016] FCAFC 67; (2016) 240
FCR 466Commonwealth v Clifton [2007] FCAFC 190; (2007) 164 FCR 355 Madrill on behalf of the members of the Amapete,
Apwetyerlaneme, Atnweale and Warrtharre LandholdingGroups v Northern Territory of Australia [2024] FCA 529 McLennan on behalf of the Jangga People #3 v Queensland [2023] FCAFC 191; (2023) 301 FCR 452 Ohlsen on behalf of the Ngemba/Ngiyampaa People v Attorney General of New South Wales [2021] FCA 169 Division: General Division Registry: New South Wales National Practice Area: Native Title Number of paragraphs: 62 Date of last submissions: 25 July 2024 Date of hearing: Determined on the papers Counsel for the Applicants: Mr C Gregory Solicitor for the Applicants: NTSCORP Limited Counsel for the First Mr A Hall Respondent: Solicitor for the First Crown Solicitor (NSW) Respondent: Solicitor for the Second Australian Government Solicitor Respondent: Solicitor for the Fourth, Fifth, Chalk and Behrendt, Lawyers and Consultants Sixth, Seventh, Eighth,
Tenth, Eleventh, Twelfth,
Fourteenth, Fifteenth,
Sixteenth, Seventeenth,Eighteenth Respondents Solicitor for the Thirteenth The Thirteenth Respondent is self-represented. Respondent: Solicitor for the Nineteenth, HopgoodGanim Lawyers Twenty Fourth, Twenty
Fifth, Twenty Sixth, Thirty
First, Thirty Fourth, ThirtyFifth, Forty Third, Forty Seventh, Fiftieth and Fifty Fourth Respondents: Solicitor for the Thirty King & Wood Mallesons Eighth Respondent: Solicitor for the Thirty Ninth Thomson Geer and Forty Second Respondents: Solicitor for the Forty First Allens Respondent: Solicitor for the Fifty First Hunt & Hunt Respondent: Solicitor for the Fifty Second King & Wood Mallesons and Fifty Fifth Respondents: Solicitor for the Fifty Third The Fifty Third Respondent is self-represented. Respondent: Solicitor for the Fifty Sixth Rural Funds Management Limited Respondent: ORDERS
NSD 38 of 2019
BETWEEN: ELAINE OHLSEN & ORS ON BEHALF OF THE NGEMBA,
NGIYAMPAA, WANGAAPUWAN AND WAYILWAN
PEOPLEApplicants AND: ATTORNEY GENERAL OF NEW SOUTH WALES (and others
named in the Schedule)
First RespondentORDER MADE BY: PERRY J DATE OF ORDER: 14 AUGUST 2024 BEING SATISFIED that a determination of native title in the terms sought by the parties is
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 1993 (Cth):
THE COURT NOTES THAT:
A. On 14 March 2012, the Applicant made a native title determination application in accordance with sections 13(1) and 61 of the Native Title Act 1993 (Cth) to the Federal
Court of Australia (proceeding NSD38 of 2019) (the “Application”).
B. The parties have reached an agreement as to the terms of a determination to be made by consent in relation to part of the land or waters within the External Boundary (the
“Determination Area”), being that:
(i) native title exists in relation to a part of the Determination Area (the “Native
Title Area”),
(ii) native title has been extinguished in relation to another part of the Determination
Area (the “Extinguished Area”).
C. The terms of the agreement involve the making of orders by consent for a determination pursuant to section 87, and in accordance with section 94A, of the Native Title Act 1993
(Cth).
D. Pursuant to section 87(1) of the Native Title Act 1993 (Cth) the parties have filed a Minute of Proposed Consent Determination of Native Title which reflects the terms of
the agreement.
E. The Applicant has nominated Ngemba, Ngiyampaa, Wangaaypuwan, Wayilwan Aboriginal Corporation (ICN 8322) pursuant to s 56(2) of the Native Title Act 1993
(Cth) to hold the determined native title in trust for the common law holders.
F. Ngemba, Ngiyampaa, Wangaaypuwan, Wayilwan Aboriginal Corporation (ICN 8322) has consented in writing to hold the determined rights and interests comprising the
native title in trust for the common law holders and to perform the functions of a
registered native title body corporate under the Native Title Act 1993 (Cth).
G. Having regard to the need to balance the limited availability of public resources with the competing need to resolve applications for a determination of native title in an
efficient, cost effective and timely manner, the parties agree that the question of whether
s 47C of the Native Title Act 1993 (Cth) would apply to the land and waters within
Schedule Two (Extinguished Area), Part 2.2 (Conservation Estate) and Part 2.3 (State
Forest) of this Determination (the “park areas”) will be addressed after the
Determination.
H. The Applicant on behalf of the Ngemba, Ngiyampaa, Wangaaypuwan and Wayilwan People and the State of New South Wales (the “State”) have commenced negotiations
in relation to an agreement under s 47C of the Native Title Act 1993 (Cth) in relation to
park areas within Schedule Two (Extinguished Area), Part 2.2 (Conservation Estate) of
the proposed determination at Annexure A (Proposed determination of Native Title)
(the Conservation Estate park areas). The Applicant and State intend to negotiate an
agreement under s 47C after the Determination.
I. The Applicant and the State have agreed that, if:
(a) after the making of the Determination, the Applicant and the State reach an agreement in accordance with s 47C(1)(b) of the Native Title Act 1993 (Cth)
that s 47C is applicable to land within the Conservation Estate park areas; and
(b) a variation application is then proposed to be brought by either the Ngemba, Ngiyampaa, Wangaaypuwan, Wayilwan Aboriginal Corporation (ICN 8322) on
behalf of the Ngemba, Ngiyampaa, Wangaaypuwan and Wayilwan People
pursuant to the Native Title Act 1993 (Cth) or the NSW Attorney General (as the State Minister for NSW under the Native Title Act) to vary the
Determination for the purpose of giving effect to the agreement reached with
the State regarding the application of s 47C of the Native Title Act 1993 (Cth)
to land within the Conservation Estate park areas;
then;
(c) each of those parties will consent to such a variation application being made.
J. Ngemba, Ngiyampaa, Wangaaypuwan, Wayilwan Aboriginal Corporation (ICN 8322) on behalf of the Ngemba, Ngiyampaa, Wangaaypuwan and Wayilwan People may wish
to seek to vary the Determination pursuant to sections 13(4) and (5) and 61 of the Native
Title Act 1993 (Cth) if a judgment of this Court, delivered after this Determination is
made, holds that certain crown roads do not wholly extinguish native title in accordance
with the Native Title Act 1993 (Cth).
BY CONSENT, THE COURT ORDERS THAT:
1. There be a determination of native title in the terms set out below (the
“Determination”).
2. Part of the Determination, relating to those parcels listed in Schedule One (Native Title
Area), Part 1.7b (Other Lands or waters to which section 47B of the Native Title Act
1993 (Cth) applies) and Schedule 2 (Extinguished Area) Part 2.6 (Land Subject to the
Licences Indigenous Land Use Agreement that are subject to the Licences Indigenous
Land Use Agreement), takes effect upon the date on which the agreement referred to in
Item 1 of Schedule Five (Agreements) is registered on the Register of Indigenous Land
Use Agreements, pursuant to section 199B of the Native Title Act 1993 (Cth).
3. In the event that the agreement referred to in Order 2 is not registered on the Register
of Indigenous Land Use Agreements by 12 months after the Determination Date, the
matter is to be listed before the Court for a case management hearing.
4. Part of the Determination, relating to those parcels listed in Schedule One (Native Title
Area), Part 1.8 (Land Subject to the Brewarrina Common Indigenous Land Use
Agreement) and Schedule Two, Part 2.5 (Land Subject to the Brewarrina Common
Indigenous Land Use Agreement), takes effect upon the date on which the agreement
referred to in Item 2 of Schedule Five (Agreements) is registered on the Register of Indigenous Land Use Agreements, pursuant to section 199B of the Native Title Act
1993 (Cth).
5. In the event that the agreement referred to in Order 4 is not registered on the Register
of Indigenous Land Use Agreements by 30 months after the Determination Date, the
matter is to be listed before the Court for a case management hearing.
6. The Determination over the remainder of the parcels takes effect on the date these
orders are made.
7. Ngemba, Ngiyampaa, Wangaaypuwan, Wayilwan Aboriginal Corporation (ICN 8322)
shall hold the determined native title in trust for the common law holders pursuant to
section 56(3) of the Native Title Act 1993 (Cth) and is to:
(a) be the prescribed body corporate for the purposes of section 57(1) of the Native Title Act 1993 (Cth); and
(b) perform the functions set out in section 57(1) of the Native Title Act 1993 (Cth) and the Native Title (Prescribed Bodies Corporate) Regulations 1999 (Cth).
8. There be no order as to costs.
THE COURT DETERMINES THAT:
1. Native title exists in the Native Title Area described in Schedule One and depicted in
the maps at Annexures A and B to this Determination.
2. Native title is extinguished in the Extinguished Area described in Schedule Two and
depicted in the maps at Annexures A and B to this Determination.
3. To the extent of any inconsistency between the written description in Schedules One
and Two and the maps at Annexures A and B to this determination, the written
description prevails.
Native Title Holders
4. Native title in relation to the Native Title Area is held by the Ngemba, Ngiyampaa,
Wangaaypuwan and Wayilwan People who comprise those Aboriginal persons who:
(a) are the descendants of the following apical ancestors: 1) Caroline Hilt (who was born on the Barwon River around 1847);
2) Thomas Sullivan (who was born in Brewarrina around 1860);
3) Nellie Colless (who was born in Brewarrina around 1868);
4) Billy Coleman (who was born in Cobar in 1840);
5) Mary Ann Allen (who was born in 1844);
6) Moses Biggs (who was born in 1837);
7) Polly Parkes (who was born in 1846);
8) Anne Brandy (who was born in Colane in 1874);
9) Caroline Brandy (who was born on Duck Creek in 1869);
10) Wadna Boe (who was born in 1848);
11) Richard King (who was born in 1827);
12) Jimmy Keewong (who was born in 1849);
13) Kitty Narrangie;
14) Tom Dennis (who was born in Brewarrina in 1864);
15) Winnie Pierce (who was born in Brewarrina in 1878);
16) Jack Dennis (who was born on the Barwon River in around 1855);
17) Kate Baker (who was born in Boorooma in 1874);
18) Francis “Tracker” Williams (who was born in Gundabooka in 1883);
19) William Johnson (who was born in Big Willandra in 1876);
20) Henry Parkes (who was born in 1863);
21) Topsy Harris also known as Topsy Scotty (who was born in Marfield in
1866);
22) Jack Redtank;
23) Thomas Williams also known as Thomas Broughton (who was born in
Roto);
24) Maggie Redtank (who was born in Keewong in 1868);
25) Ada Arnott (who was born in Nyngan in 1865);
26) Moses Divine;
27) Jack Smith (who was born in Mossgiel in 1869);
28) Ellen Sprowl also known as Ellen McHughes (who was born in Brewarrina
in 1867);
29) Fanny Hippi also known as Fanny Williams;
30) Millie Wells also known as Millie Shearer (who was born in Brewarrina in
1874);
31) Pluto Williams (who was born in Trida/Mossgiel in 1873);
32) Steve Shaw (who was born in Coronga Peak in 1855);
33) Fanny Brown also known as Tiltagara Fanny (who was born in Hillston in
1862);
34) David Brown (who was born on the Macquarie River in 1850);
35) Janey Brown (who was born on the Macquarie River in 1853);
36) Betsy Gwen (who was born in Haddon Rigg near Warren in 1849);
37) Louise Hinton (who was born on the Macquarie River in 1843);
38) Cissy Lee (who was born in 1852);
39) Boorooma Murphy (who was born in Boorooma in 1832);
40) Harry Murphy (who was born in Brewarrina around 1871);
41) Thomas Nixon (who was born in Buttabone in 1843);
42) Colaine Lumpy (who was born in 1864);
43) Charlotte Wilson;
44) Tilly Riley (who was born in 1863);
45) Geordie Murray (who was born in 1851 in Ivanhoe);
46) George Murray, born at Gundabooka Station, died 1927 at Nyngan;
47) Amy Monica Murray nee Murphy, wife of George Murray, born in
Brewarrina, died 1954 at Nyngan;
48) Edward Murphy, born in Cobar, died 1960 at Walgett;
49) Maggie Warraweena nee Murphy, born at Charlton Station on the Bogan
River, died 1907 at Brewarrina;
50) Eliza Wilson nee Williams, also known as Eliza Governor, born near Cobar,
died 1908 at Byrock;
51) Charlie Kelly, husband of Laura Kelly nee Murray, born 1858;
52) Laura Kelly nee Murray, also known as Norah Murray and Laura Boy, wife
of Charlie Kelly, died 1918 at Corinya Station;
53) Jack Shepherd, also known as John Shepherd and Jack Sheppard, born 1855
in Cobar;
54) Harry Shepherd, also known as Harry Sheppard, died 1911 in Brewarrina;
55) Harry Brandy, brother of Caroline Brandy and Anne Brandy, born circa
1869;
56) Jack Simpson, also known as Jack ‘Smart Gui’ Simpson, died 1974 at
Brewarrina; and
57) Billy Boney, also known as William Boney and George Boney, born 1852
in Ginghet; and
(b) identify as a Ngemba, Ngiyampaa, Wangaaypuwan or Wayilwan person; and (c) are recognised as a Ngemba, Ngiyampaa, Wangaaypuwan or Wayilwan person by Ngemba, Ngiyampaa, Wangaaypuwan and Wayilwan People in accordance
with their traditional law and custom.
Nature and Extent of Non-Exclusive Native Title Rights and Interests
5. Subject to paragraphs 7 and 8, the nature and extent of the native title rights and interests
held by the Native Title Holders in relation to the Native Title Area are the following
non-exclusive native title rights:
(a) the right to enter, traverse across and remain on the land; (b) the right to camp on and erect shelters on (but not extending to a right to permanently camp on, possess or occupy) the land;
(c) the right to take and use the water for their personal, domestic and communal purposes (including cultural purposes) but not extending to a right to control the
use and flow of the water in any rivers, streams or lakes;
(d) the right to gather, take and use the natural resources (other than water) for their non-commercial personal, domestic and communal purposes including, food,
medicinal plants, timber, stone, charcoal, ochre and resin as well as materials
for fabricating tools and hunting implements, and making artwork and musical
instruments;
(e) the right to hunt for their non-commercial personal, domestic and communal purposes;
(f) the right to fish for their non-commercial personal, domestic and communal purposes;
(g) the right to share the natural resources gathered or taken for their personal, domestic and communal non-commercial purposes;
(h) the right to light fires for their domestic purposes, but not for the clearance of vegetation;
(i) the right to engage in their cultural activities including:
(i) visiting places of cultural or spiritual importance and protecting those places by carrying out lawful activities to preserve their physical or
spiritual integrity;
(ii) conducting and participating in ceremonies and rituals including in
relation to birth and death (including burials on the land);
(iii) holding cultural gatherings; and
(iv) passing on knowledge about the physical and spiritual attributes of
places of importance; and
(j) the right to be accompanied by persons who, though not Native Title Holders, are:
(i) spouses, partners or parents of Native Title Holders, together with their children and grandchildren; or
(ii) people required under traditional laws and customs for the performance
of, and to assist in, observe or record, cultural activities, practices or
ceremonies.
General Qualifications on Native Title Rights and Interests
6. Native title does not exist in:
(a) minerals as defined in the Mining Act 1992 (NSW) and the Mining Regulation 2010 (NSW); and
(b) petroleum as defined in the Petroleum (Onshore) Act 1991 (NSW) and the Petroleum (Submerged Lands) Act 1982 (NSW).
7. The native title rights and interests described in paragraph 5 do not confer:
(a) any right of possession, occupation, use and enjoyment of the land or waters in the Native Title Area to the exclusion of all others;
(b) any right to control public access to or use the land or waters in the Native Title Area.
8. The native title rights and interests in relation to the land or waters in the Native Title
Area are subject to and exercisable in accordance with:
(a) the laws of the State of New South Wales and of the Commonwealth; (b) the traditional laws acknowledged and traditional customs observed by the Native Title Holders; and
(c) the terms and conditions of any agreement that appears on the Register of Indigenous land use agreements.
The Nature and Extent of Any Other Interests
9. The Other Interests in relation to the Native Title Area are described in Schedule Four
(Other Interests) (“Other Interests”).
Relationship Between Native Title Rights and Interests and Other Interests
10. Subject to paragraphs 11, 12, 13 and 14 and except as otherwise provided by law, the
relationship between the native title rights and interests in relation to land or waters in
the Native Title Area and the Other Interests, described in Schedule Four (Other
Interests), is that:
(a) the Other Interests continue to have effect; (b) the Other Interests co-exist with the native title rights and interests; (c) the Native Title Holders do not have the right to control access to or the use of
the land or waters by the holders of the Other Interest; and
(d) to the extent of any inconsistency, the Other Interests and any activity that is required or permitted by or under the exercise of a right conferred or held under
the Other Interests, while they are in existence, prevail over but do not
extinguish the native title rights and interests and any exercise of those native
title rights and interests.
11. The relationship between the native title rights and interests in relation to the land or
waters described in Part 1.5 (Land or waters to which section 47 of the Native Title Act
1993 (Cth) applies) and Part 1.6 (Land or waters to which section 47A of the Native
Title Act 1993 (Cth) applies) and the Other Interests described at Items 1(c), 2(a), 3(a),
5(a) and 5(b) of Schedule Four (Other Interests) is that:
(a) the Other Interests continue to have effect; (b) the non-extinguishment principle in section 238 of the Native Title Act 1993 (Cth) applies to the grant or vesting of the Other Interests and any prior interest
in relation to the area in accordance with section 47A(3)(b) of the Native Title
Act 1993 (Cth);
(c) the native title rights and interests continue to exist in their entirety, but have no effect in relation to the Other Interests;
(d) the Other Interests, and any activity that is required or permitted by or under and done in accordance with the Other Interests, may be exercised and enjoyed
in their entirety notwithstanding the existence of the native title rights and
interests;
(e) the native title rights and interests may not be exercised on land or waters the subject of the Other Interests while those Other Interests exist;
(f) if the Other Interests or its effects are wholly removed or otherwise wholly cease to operate the native title rights and interests again have full effect; and
(g) if the Other Interests or its effects are removed to an extent or otherwise cease to operate only to an extent, the native title rights and interests again have effect
to that extent.
12. The relationship between the native title rights and interests in relation to any land or
waters in the Native Title Area which are transferred to an Aboriginal Land Council
under the Aboriginal Land Rights Act 1983 (NSW) after the date of the Determination
as a result of a claim lodged under that Act on or after 28 November 1994 and the Other
Interests described in Item (1)(a) of Schedule Four (Other Interests) is that:
(a) pursuant to section 36(9) of the Aboriginal Land Rights Act 1983 (NSW), the Other Interests referred to in this paragraph shall be subject to any native title
rights and interests existing in relation to the land or waters immediately before
the transfer; and
(b) the land or waters may only be dealt with by the Aboriginal Land Council in accordance with the Aboriginal Land Rights Act 1983 (NSW) and the Native
Title Act 1993 (Cth).
13. The relationship between the native title rights and interests in relation to any land or
waters in the Native Title Area which are transferred to an Aboriginal Land Council under the Aboriginal Land Rights Act 1983 (NSW) before the date of the Determination
and the Other Interests described in Item (1)(b) of Schedule Four (Other Interests) is
that:
(a) pursuant to section 36(9) of the Aboriginal Land Rights Act 1983 (NSW), the Other Interests referred to in this paragraph shall be subject to any native title
rights and interests existing in relation to the land or waters immediately before
the transfer, meaning that the native title rights and interests have full effect and
may be exercised; and
(b) the land or waters may only be dealt with by the Aboriginal Land Council in accordance with the Aboriginal Land Rights Act 1983 (NSW) and the Native
Title Act 1993 (Cth).
14. The relationship between the native title rights and interests in relation to any land and
waters in Part 1.7a (Land or waters to which section 47B of the Native Title Act 1993
(Cth) applies) and the Other interests described in Item 1(c) of Schedule Four (Other
interests) insofar as they relate to the Gilgandra Local Aboriginal Land Council and
Item 17 of Schedule Four (Other Interests), is that:
(a) the non-extinguishment principle in section 238 of the Native Title Act 1993 (Cth) applies to the grant or vesting of the Other Interests;
(b) the native title rights and interests continue to exist in their entirety, but have no effect in relation to the Other Interests;
(c) the Other Interests, and any activity that is required or permitted by or under and done in accordance with the Other Interests, may be exercised and enjoyed
in their entirety notwithstanding the existence of the native title rights and
interests;
(d) the native title rights and interests may not be exercised on land or waters the subject of the Other Interests while those Other Interests exist;
(e) if the Other Interests or its effects are wholly removed or otherwise wholly cease to operate the native title rights and interests again have full effect; and
(f) if the Other Interests or its effects are removed to an extent or otherwise cease to operate only to an extent, the native title rights and interests again have effect
to that extent.
15. Pursuant to section 47B of the Native Title Act 1993 (Cth) any extinguishment effected
by the creation of prior interests within those areas described in Part 1.7a (Land or
waters to which section 47B of the Native Title Act 1993 (Cth) applies) and Part 1.7b
(Other land or waters to which section 47B of the Native Title Act 1993 (Cth) applies)
of Schedule One are to be disregarded.
Definitions
16. In this Determination, unless the contrary intention appears:
‘Aboriginal Land Council’ means New South Wales Aboriginal Land Council and
any Local Aboriginal Land Council constituted under the Aboriginal Land Rights Act
1983 (NSW) for a Local Aboriginal Land Council area, within the meaning of that Act,
that is within the Native Title Area, and includes Griffith Local Aboriginal Land
Council, Murrin Bridge Local Aboriginal Land Council, Nyngan Local Aboriginal
Land Council, Brewarrina Local Aboriginal Land Council, Weilwan Local Aboriginal
Land Council, Warren Macquarie Local Aboriginal Land Council, Walgett Local
Aboriginal Land Council, Nulla Nulla Local Aboriginal Land Council, Condobolin
Local Aboriginal Land Council, Cobar Local Aboriginal Land Council, Coonamble
Local Aboriginal Land Council and Gilgandra Local Aboriginal Land Council.
‘Application’ means the native title determination application filed on 12 March 2012
by the Applicant in the Federal Court of Australia and given the proceeding number
NSD38/2019, as amended.
‘Determination Area’ means the lands and waters within the External Boundary of,
described in Schedule Three this area includes the Native Title Area together with the
Extinguished Area.
‘Determination Date’ means the date on which the Federal Court of Australia makes
a determination over the Determination Area.
‘External Boundary’ means the boundary described in Schedule Three.
‘Extinguished Area’ means the land or waters described in Schedule Two ‘land’ has
the same meaning as in the Native Title Act 1993 (Cth).
‘laws of the State of New South Wales and of the Commonwealth’ include statutes,
regulations and other subordinate legislation, and the common law.
‘Native Title Area’ means the land or waters described in Schedule One.
‘Native Title Holders’ and ‘Ngemba, Ngiyampaa, Wangaaypuwan and WayilwanPeople’ means the persons described in paragraph 4 of the Determination.
‘native title’ and ‘native title rights and interests’ means the rights and interests
described in paragraph 5.
‘Ngemba, Ngiyampaa, Wangaaypuwan, Wayilwan Aboriginal Corporation’
means Ngemba, Ngiyampaa, Wangaaypuwan, Wayilwan Aboriginal Corporation
ICN 8322 incorporated under the Corporations (Aboriginal and Torres Strait Islander)
Act 2006 (Cth).
‘Other Interests’ means the rights and interests described in Schedule Four.
‘waters’ has the same meaning as in the Native Title Act 1993 (Cth).
17. If a word or expression is not defined in these orders or this Determination, but is
defined in the Native Title Act 1993 (Cth) or the Native Title (New South Wales) Act
1994 (NSW), then it has the meaning given to it in the Native Title Act 1993 (Cth) or
the Native Title (New South Wales) Act 1994 (NSW), whichever is relevant.
Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011. Schedule One – Native Title Area
1. Subject to Schedule Two (Extinguished Area) of this Determination, the Native Title
Area comprises all the land or waters described in the table at Schedule One (Native
Title Area) of the following Parts:
(a) Part 1.1 (Crown Land); (b) Part 1.2 (Conservation Estate); (c) Part 1. 3 (State Forests); (d) Part 1.4 (Waters); (e) Part 1.5 (Land or waters to which section 47 of the Native Title Act 1993 (Cth) applies);
(f) Part 1.6 (Land or waters to which section 47A of the Native Title Act 1993 (Cth) applies);
(g) Part 1.7a (Land or waters to which section 47B of the Native Title Act 1993 (Cth) applies);
(h) Part 1.7b (Other lands or waters to which section 47B of the Native Title Act 1993 (Cth) applies that are subject to the Licences Indigenous Land Use
Agreement);
(i) Part 1.8 (Land Subject to the Brewarrina Common Indigenous Land Use
Agreement);
(j) Part 1.9 (Freehold subject to native title rights and interests), hatched in green (except for Part 1.7b which is hatched in purple and Part 1.8 which is
hatched in orange) and depicted on the maps at Annexure A (Maps of the Native Title
Area) of this Schedule One (Native Title Area) and to the extent they fall within land
and waters covered by the Determination.
2. To the extent of any inconsistency between the description of the land or waters in this
Schedule One (Native Title Area) and the description of the land or waters in Schedule
Two (Extinguished Area), the description in Schedule Two (Extinguished Area)
prevails.
Part 1.4 (Waters)
Save for any waters forming part of a lot on a plan or cadastre listed in Schedule One
(Native Title Area) or Schedule Two (Extinguished Area) of this Determination of
native title (including by application of the ad medium filum aquae rule), all waters,
rivers, creeks, streams and lakes to the extent they fall within the land and waters
covered by the Application, including but not limited to:
• Back Creek • Gunningbar Creek • Barwon River • Junction Cree • Belar Creek • Lachlan Rive • Beleringar Creek • Little Bogan River • Bena Billa Creek • Macquarie River • Bogan River • Marra Creek • Booberoi Creek • Marthaguy Creek • Boothaguy Creek • Merri Merri Creek • Brierley Anabranch • Merrigal Creek • Briery Creek • Merrowie Creek • Broken Dam Creek • Middle Creek • Bulbodney Creek • Milmiland Creek • Bulgeraga Creek • Moonagee Cowal • Bulla Bulla Creek • Moore Creek • Bullagreen Creek • Mowlma Creek • Burlong Creek • Mulga Creek • Castlereagh River • Nedgera Creek • Coolibah Creek • Pangee Creek • Crooked Creek • Tallegar Swamp Creek • Darling River • Tarrion Creek • Devlins Creek • Tigers Camp Creek • Duck Creek • Umangla Cowal Creek • Eurimie Creek • Wemabung Creek • Ewenmar Creek • Willandra Creek • Five Mile Cowa • Yanda Creek • Gidgenbar Watercourse • Yangellawah Creek • Ginghet Creek • Yarra Yarra Creek
Part 1.5 (Land or waters to which section 47 of the Native Title Act 1993 (Cth) applies)
All the land or waters described as Part 1.5 (Land or waters to which section 47 of the Native
Title Act 1993 (Cth) applies) in the table at Schedule One (Native Title Area) and depicted on the maps at Annexure A to this Determination and hatched in Green (with hatching running
diagonally from left to right).
Part 1.6 (Land or waters to which section 47A of the Native Title Act 1993 (Cth) applies)
All the land or waters described as Part 1.6 (Land or waters to which section 47A of the Native
Title Act 1993 (Cth) applies) in the table at Schedule One (Native Title Area) and depicted on
the maps at Annexure A to this Determination and hatched in Green (with hatching running
diagonally from left to right).
Part 1.7a (Land or waters to which section 47B of the Native Title Act 1993 (Cth) applies)
All the land or waters described as Part 1.7a (Land or waters to which section 47B of the Native
Title Act 1993 (Cth) applies) in the table at Schedule One (Native Title Area) and depicted on
the maps at Annexure A to this Determination and hatched in Green (with green cross hatching)
to the extent they fall within the External Boundary.
Part 1.7b (Other Land or waters to which section 47B of the Native Title Act 1993 (Cth)
applies that are subject to the Licences Indigenous Land Use Agreement)
All the land or waters described as Part 1.7b (Other Land or waters to which section 47B of the
Native Title Act 1993 (Cth) applies that are subject to the Licences Indigenous Land Use
Agreement) in the table at Schedule One (Native Title Area) and depicted on the maps at
Annexure A to this Determination and hatched in purple (with purple cross hatching) to the
extent they fall within the External Boundary of the Application.
Part 1.8 (Land Subject to the Brewarrina Common Indigenous Land Use Agreement)
All the land or waters described as Part 1.8 (Land Subject to the Brewarrina Common
Indigenous Land Use Agreement) in the table at Schedule One (Native Title Area) and depicted
on the maps at Annexure A to this Determination and hatched in orange (with orange cross
hatching) to the extent they fall within the External Boundary.
Part 1.9 (Freehold subject to native title rights and interests)
All the land or waters described as Part 1.9 (Freehold subject to native title rights and interests)
in the table at Schedule One (Native Title Area) and depicted on the maps at Annexure A to
this Determination and hatched in Green (with green cross hatching) to the extent they fall
within the External Boundary.
Search Lot/Sec/Plan Cadastral ID Part Description Schedule One - Native Title Area Part ID
2 2/765001 167030031 1.1 (Crown land) 3 1/765001 167030032 1.1 (Crown land) 1.7a (Land or waters to which section 47B of the Native Title Act 1993 9 7301/1149108 163749982 (Cth) applies) 10 7300/1149110 163750731 1.1 (Crown land) 16 21/752549 102661419 1.1 (Crown land) 1.7a (Land or waters to which section 47B of the Native Title Act 1993 17 40/752549 102661487 (Cth) applies) 19 19/752549 102661487 1.1 (Crown land) 1.7a (Land or waters to which section 47B of the Native Title Act 1993 23 1/3/758031 102661433 (Cth) applies) 1.7b (Other lands or waters to which section 47B of the Native Title Act 1993 (Cth) applies that are subject to the Licences Indigenous Land Use Agreement) 24 5/7/758031 102661556 1.7b (Other lands or waters to which section 47B of the Native Title Act 1993 (Cth) applies that are subject to the Licences Indigenous Land Use Agreement) 25 6/7/758031 102661563 1.7b (Other lands or waters to which section 47B of the Native Title Act 1993 (Cth) applies that are subject to the Licences Indigenous Land Use Agreement) 26 7/7/758031 102661568 1.7b (Other lands or waters to which section 47B of the Native Title Act 1993 (Cth) applies that are subject to the Licences Indigenous Land Use Agreement) 27 10/7/758031 102661581 1.7b (Other lands or waters to which section 47B of the Native Title Act 1993 (Cth) applies that are subject to the Licences Indigenous Land Use 28 9/7/758031 102661585 Agreement) 1.7b (Other lands or waters to which section 47B of the Native Title Act 1993 (Cth) applies that are subject to the Licences Indigenous Land Use 29 8/7/758031 102661589 Agreement) 1.7b (Other lands or waters to which section 47B of the Native Title Act 1993 (Cth) applies that are subject to the Licences Indigenous Land Use Agreement) 30 7001/93280 103762493 1.7b (Other lands or waters to which section 47B of the Native Title Act 1993 (Cth) applies that are subject to the Licences Indigenous Land Use Agreement) 31 105474746 32 105704013 1.1 (Crown land) 1.7a (Land or waters to which section 47B of the Native Title Act 1993 46 10/48604 103942239 (Cth) applies) 47 9/48604 103942240 1.1 (Crown land) 48 7001/1026863 104352625 1.1 (Crown land) 49 7005/1026161 104352871 1.1 (Crown land) 51 7004/1087009 152573794 1.1 (Crown land) 52 7301/1128576 160783726 1.1 (Crown land) 53 7303/1128576 160783727 1.1 (Crown land) 54 7302/1128576 160783728 1.1 (Crown land) 55 7306/1140852 162699389 1.1 (Crown land) 56 7307/1141438 162760606 1.1 (Crown land) 57 18/724542 103218109 1.1 (Crown land) 58 17/724543 103224920 1.1 (Crown land) 59 16/727140 103218107 1.1 (Crown land) 60 14/752855 100164297 1.1 (Crown land) 74 7002/1026309 103226348 1.1 (Crown land) 77 7001/1020491 102667972 1.1 (Crown land) 78 7007/1020499 104312016 1.1 (Crown land) 79 7303/1163134 165610642 1.1 (Crown land) 80 7300/1164213 165728339 1.1 (Crown land) 81 1/753415 102667992 1.1 (Crown land) 83 105703977 1.1 (Crown land) 90 7001/1026865 104384746 1.1 (Crown land) 91 7301/1128577 160791506 1.1 (Crown land) 92 7300/1128577 160791507 1.1 (Crown land) 93 4/47519 108063091 1.1 (Crown land) 1.7a (Land or waters to which section 47B of the Native Title Act 1993 94 4/728795 103218064 (Cth) applies) 1.7a (Land or waters to which section 47B of the Native Title Act 1993 95 5/728795 103218079 (Cth) applies) 97 7301/1175752 167633426 1.1 (Crown land) 106 1044/765252 103230823 1.1 (Crown land) 110 7002/1020812 103752471 1.1 (Crown land) 111 7001/1055731 103752526 1.1 (Crown land) 112 7003/1056162 102653423 1.1 (Crown land) 113 17/755275 104206522 1.1 (Crown land) 114 7300/1178924 168138573 1.1 (Crown land) 121 7001/1026148 103218947 1.1 (Crown land) 122 9/39952 108136383 1.1 (Crown land) 123 7001/1029658 102670436 1.1 (Crown land) 130 7002/1059772 104659552 1.1 (Crown land) 131 7005/1060228 104709745 1.1 (Crown land) 132 7006/1071567 151070919 1.1 (Crown land) 133 7001/1071568 145156212 1.1 (Crown land) 134 7300/1163291 165654577 1.1 (Crown land) 139 7002/1056550 103836785 1.1 (Crown land) 140 7302/1162072 165463376 1.1 (Crown land) 141 7301/1162072 165463377 1.1 (Crown land) 142 7300/1162072 165463378 1.1 (Crown land) 143 7303/1162072 165463379 1.1 (Crown land) 149 7001/1020493 102667339 1.1 (Crown land) 150 7002/1020494 102673054 1.1 (Crown land) 157 7003/1031541 104390587 1.1 (Crown land) 158 7004/1031541 104390590 1.1 (Crown land) 159 7002/1031541 104390592 1.1 (Crown land) 162 7304/1161053 165256434 1.1 (Crown land) 163 7303/1161053 165256435 1.1 (Crown land) 164 7301/1161053 165256436 1.1 (Crown land) 165 7300/1161053 165256437 1.1 (Crown land) 166 7302/1161053 165256438 1.1 (Crown land) 167 7300/1173083 167177559 1.1 (Crown land) 168 7301/1173083 167177560 1.1 (Crown land) 178 7003/1020503 104311927 1.1 (Crown land) 179 7300/1161404 165364890 1.1 (Crown land) 180 109/1182342 168809333 1.1 (Crown land) 181 99/753420 102658629 1.1 (Crown land) 184 48/257437 103923192 1.1 (Crown land) 1.7b (Other lands or waters to which section 47B of the Native Title Act 1993 (Cth) applies that are subject to the Licences Indigenous Land Use 185 45/721216 102665287 Agreement) 188 104546468 1.1 (Crown land) 195 1092/766922 103534855 1.1 (Crown land) 217 7002/1020505 102667602 1.1 (Crown land) 218 7003/1020508 102667352 1.1 (Crown land) 219 7001/1020510 102673143 1.1 (Crown land) 220 7001/1020528 104311521 1.1 (Crown land) 222 105448529 1.1 (Crown land) 1.7a (Land or waters to which section 47B of the Native Title Act 1993 223 31/721772 103529476 (Cth) applies) 1.7a (Land or waters to which section 47B of the Native Title Act 1993 224 33/727124 104532749 (Cth) applies) 226 7001/1025476 103531955 1.1 (Crown land) 228 11/751550 103531975 1.1 (Crown land) 229 9/751550 103531981 1.1 (Crown land) 230 105653346 1.1 (Crown land) 231 7302/1141009 167412660 1.1 (Crown land) 234 1/914690 103314563 1.1 (Crown land) 235 1/914691 103314562 1.1 (Crown land) 238 7005/1026204 102967258 1.9 (Freehold) 240 7303/1134468 161634561 1.1 (Crown land) 1.7b (Other lands or waters to which section 47B of the Native Title Act 1993 (Cth) applies that are subject to the Licences Indigenous Land Use 242 267/257257 102966470 Agreement) 1.7b (Other lands or waters to which section 47B of the Native Title Act 1993 (Cth) applies that are subject to the Licences Indigenous Land Use 243 269/257257 102966631 Agreement) 1.7a (Land or waters to which section 47B of the Native Title Act 1993 246 1/725034 102967262 (Cth) applies) 1.7a (Land or waters to which section 47B of the Native Title Act 1993 247 285/725035 102967323 (Cth) applies) 1.7a (Land or waters to which section 47B of the Native Title Act 1993 249 234/752554 102967263 (Cth) applies) 1.7a (Land or waters to which section 47B of the Native Title Act 1993 251 235/752554 102967347 (Cth) applies) 253 147/752554 102967350 1.9 (Freehold) 254 205/752554 102967358 1.1 (Crown land) 259 14/752555 102664540 1.1 (Crown land) 280 7001/1032448 104398778 1.1 (Crown land) 1.7a (Land or waters to which section 47B of the Native Title Act 1993 281 13/705231 103530296 (Cth) applies) 282 7001/1059803 104534865 1.1 (Crown land) 283 7002/1059807 102672847 1.1 (Crown land) 285 3/256144 102672858 1.1 (Crown land) 286 105703013 1.1 (Crown land) 291 64/767736 103316238 1.1 (Crown land) 307 7002/1051734 104671786 1.1 (Crown land) 308 7004/1051735 104671785 1.1 (Crown land) 309 7001/1059075 102658852 1.1 (Crown land) 310 7005/1059249 102658943 1.1 (Crown land) 1.7a (Land or waters to which section 47B of the Native Title Act 1993 313 71/42188 102668526 (Cth) applies) 1.7a (Land or waters to which section 47B of the Native Title Act 1993 314 75/42214 102668430 (Cth) applies) 319 7002/1052430 104605531 1.1 (Crown land) 320 7003/1052430 104605532 1.1 (Crown land) 321 7004/1060977 102658813 1.1 (Crown land) 322 7001/1061327 102658824 1.1 (Crown land) 329 7002/1032240 103227823 1.1 (Crown land) 336 7002/1020588 103740889 1.1 (Crown land)
The extinguished part of lot 7001 in deposited
plan 1026165 is the part of lot 7001 in deposited
plan 1026165 covered by the structural
encroachment shown in red hatching on the
indicative map for ID Area
337. The native title area is that part of lot 7001
in deposited plan 1026165 shown in green
hatching on the indicative map for ID
Area 337.Part 1.1 (Crown land)/ Part 2.1 (Crown land in which native title has been
337 7001/1026165 104352771 extinguished) 338 19/660475 103219433 1.1 (Crown land) 339 28/723352 103219075 1.1 (Crown land) 340 29/723352 108139028 1.1 (Crown land) 341 30/723353 103219403 1.1 (Crown land) 342 32/723353 103219406 1.1 (Crown land) 343 31/723353 104207054 1.1 (Crown land) 344 33/723353 104207055 1.1 (Crown land) 345 69/723409 102667405 1.1 (Crown land) The extinguished part of lot 24 in deposited plan
752861 is the part of lot 24 in deposited plan
752861 covered by the infrastructure shown in red hatching on the indicative map for ID Area 351. The native title area is that part of lot 24 in deposited plan 752861 shown in green hatching on the indicative map for ID Area 351.
Part 1.1 (Crown land)/ Part 2.1 (Crown land in which native title has been
351 24/752861 103219078 extinguished) 352 20/752861 103219637 1.1 (Crown land) 353 1/17/758515 103219449 1.1 (Crown land) 354 6/18/758515 103219457 1.1 (Crown land) 355 20/11/758515 103219525 1.1 (Crown land) 356 19/11/758515 103219548 1.1 (Crown land) 357 18/11/758515 103219550 1.1 (Crown land) 358 17/11/758515 103219552 1.1 (Crown land) 359 16/11/758515 103219554 1.1 (Crown land) 360 15/11/758515 103219556 1.1 (Crown land) 361 8/18/758515 103219593 1.1 (Crown land) 362 4/18/758515 103219594 1.1 (Crown land) 363 7/18/758515 103219595 1.1 (Crown land) 364 9/18/758515 103219596 1.1 (Crown land) 366 14/822409 108094977 1.1 (Crown land) 367 7002/1032447 104398786 1.1 (Crown land) 368 7001/1032447 104398788 1.1 (Crown land) 369 7300/1139739 162487656 1.1 (Crown land) 370 7003/1001437 103725977 1.1 (Crown land) 371 7001/1024699 103725974 1.1 (Crown land) 372 7300/1141791 162776754 1.1 (Crown land) 381 7040/1126189 160412741 1.1 (Crown land) 383 7012/1126253 160412840 1.1 (Crown land) 384 7038/1126254 160413208 1.1 (Crown land) 386 7319/1141187 167392428 1.1 (Crown land) 387 7318/1141187 167392429 1.1 (Crown land) 391 7314/1173189 167188716 1.1 (Crown land) 392 7313/1173189 167188723 1.1 (Crown land) 393 7312/1173189 167188730 1.1 (Crown land) 396 7332/1179143 168219648 1.1 (Crown land) 397 7331/1179143 168219649 1.1 (Crown land) The extinguished part of lot 7343 in deposited
plan 1179143 is that part of Tarrion Yarrawin
Road and Burban Street in lot 7343 in deposited plan 1179143 shown in red hatching on the map for ID Area 399. The native title area is that part of lot 7343 in deposited plan 1179143 shown in green hatching on the map for ID Area 399.
Part 1.1 (Crown land)/ Part 2.1 (Crown land in which native title has been
399 7343/1179143 168219653 extinguished) 400 7344/1179143 168219655 1.1 (Crown land) 1.1 (Crown land)/ 1.8 (Land Subject to the Brewarrina Common 401 7339/1179143 168219662 Indigenous Land Use Agreement) 402 7340/1179143 168219663 1.1 (Crown land) 1.1 (Crown land)/ 1.8 (Land Subject to the Brewarrina Common 403 7338/1179143 168219664 Indigenous Land Use Agreement) 1.1 (Crown land)/ 1.8 (Land Subject to the Brewarrina Common 404 7337/1179143 168219666 Indigenous Land Use Agreement) 1.1 (Crown land)/ 1.8 (Land Subject to the Brewarrina Common 405 7336/1179143 168219667 Indigenous Land Use Agreement) 1.1 (Crown land)/ 1.8 (Land Subject to the Brewarrina Common 406 7335/1179143 168219668 Indigenous Land Use Agreement) 1.1 (Crown land)/ 1.8 (Land Subject to the Brewarrina Common 407 7321/1179143 168219669 Indigenous Land Use Agreement) 1.1 (Crown land)/ 1.8 (Land Subject to the Brewarrina Common 408 7334/1179143 168219670 Indigenous Land Use Agreement) 1.1 (Crown land)/ 1.8 (Land Subject to the Brewarrina Common 409 7333/1179143 168219671 Indigenous Land Use Agreement) 1.1 (Crown land)/ 1.8 (Land Subject to the Brewarrina Common 410 7329/1179143 168219672 Indigenous Land Use Agreement) 1.1 (Crown land)/ 1.8 (Land Subject to the Brewarrina Common 411 7320/1179143 168219673 Indigenous Land Use Agreement) 413 7326/1179143 168219675 1.1 (Crown land) 414 7328/1179143 168219676 1.1 (Crown land) 415 7325/1179143 168219677 1.1 (Crown land) 1.1 (Crown land)/ 1.8 (Land Subject to the Brewarrina Common 416 7324/1179143 168219678 Indigenous Land Use Agreement) 1.1 (Crown land)/ 1.8 (Land Subject to the Brewarrina Common 417 7322/1179143 168219681 Indigenous Land Use Agreement) 418 7347/1183409 168842899 1.1 (Crown land) The extinguished part of lot 1 in deposited plan
34996 is the part of lot 1 in deposited plan 34996
formerly subject to SpL 114 and which is shown
in red hatching on the map for ID Area 442. The native title area is that part of lot 1 in deposited plan 34996 shown in green hatching on the map for ID Area
Part 1.1 (Crown land)/ Part 2.1 (Crown land in which native title has been
442.
442 1/34996 103823888 extinguished) 1.7a (Land or waters to which section 47B of the Native Title Act 1993 (Cth) applies)/ 1.8 (Land Subject to the Brewarrina Common Indigenous 456 136/751553 103220915 Land Use Agreement) 1.7a (Land or waters to which section 47B of the Native Title Act 1993 (Cth) applies)/ 1.8 (Land Subject to the Brewarrina Common Indigenous 457 159/751553 103220916 Land Use Agreement) 459 70/751553 103220934 1.1 (Crown land) The extinguished part of lot 34A in deposited
plan 751553 is the part of lot 34A in deposited
plan 751553 covered by the racecourse shown in red hatching on the indicative map for ID Area 465. The native title area is that part of lot 34A in deposited plan 751553 shown in green
hatching on the indicative map for ID Area 465.
Part 1.1 (Crown land)/ Part 2.1 (Crown land in which native title has been
465 34A/751553 103221131 extinguished) 471 83/751553 103221237 1.1 (Crown land) 473 111/751553 103221242 1.1 (Crown land) 477 110/751553 103221316 1.1 (Crown land) The extinguished part of lot 112 in deposited
plan 751553 is the part of lot 112 in deposited
plan 751553 covered by the structural
encroachments shown in red hatching on the
indicative map for ID Area
480. The native title area is that part of lot 112 in
deposited plan 751553 shown in green hatching
on the indicative map for ID
Area 480.Part 1.1 (Crown land)/ Part 2.1 (Crown land in which native title has been
480 112/751553 103221616 extinguished) 481 113/751553 103221618 1.1 (Crown land) 482 114/751553 103221619 1.1 (Crown land) 498 155/751553 103222230 1.1 (Crown land) 1.7a (Land or waters to which section 47B of the Native Title Act 1993 (Cth) applies)/ 1.8 (Land Subject to the Brewarrina Common Indigenous 499 157/751553 103770768 Land Use Agreement) 1.1 (Crown land)/ 1.8 (Land Subject to the Brewarrina Common 500 154/751553 103770772 Indigenous Land Use 11Agreement) 1.1 (Crown land)/ 1.8 (Land Subject to the Brewarrina Common 501 63/751553 103824296 Indigenous Land Use Agreement) The extinguished part of lot 37 in deposited plan
751553 is the part of lot 37 in deposited plan
751553 covered by the racecourse shown in red
hatching on the indicative map for ID Area 504.
The native title area is that part of lot 37 in
deposited plan 751553 shown in green hatching
on the indicative
map for ID Area 504.Part 1.1 (Crown land)/ Part 2.1 (Crown land in which native title has been
504 37/751553 103892827 extinguished) 543 415/761265 103772183 1.1 (Crown land) 545 1688/763361 103222235 1.1 (Crown land) 550 1/767410 103221288 1.1 (Crown land) 551 175/820460 103222040 1.1 (Crown land) 1.1 (Crown land)/ 1.8 (Land Subject to the Brewarrina Common 553 1/92447 103824297 Indigenous Land Use Agreement) 554 7301/1178314 168060968 1.1 (Crown land) 555 7300/1178314 168060969 1.1 (Crown land) 1.7a (Land or waters to which section 47B of the Native Title Act 1993 556 26/43541 103523717 (Cth) applies) 1.6 (Land or waters to which section 47A of the Native Title Act 1993 573 6117/768966 108063925 (Cth) applies) 584 7001/1023705 103526566 1.1 (Crown land) 586 7002/1032927 104020728 1.1 (Crown land) 587 7003/1033098 103530077 1.1 (Crown land) 588 7006/1033099 103530066 1.1 (Crown land) 589 35/40966 103530134 1.1 (Crown land) 1.7a (Land or waters to which section 47B of the Native Title Act 1993 590 37/41183 103530083 (Cth) applies) 1.7b (Other lands or waters to which section 47B of the Native Title Act 1993 (Cth) applies that are subject to the Licences Indigenous Land Use 592 29/751555 103526563 Agreement) 597 7004/96299 104020726 1.1 (Crown land) 598 105703113 1.1 (Crown land) 599 104339840 1.1 (Crown land) 605 24/750648 103420294 1.1 (Crown land) 612 7005/1058333 104663393 1.1 (Crown land) 613 7005/1058334 104663394 1.1 (Crown land) 614 7304/1161599 165358699 1.1 (Crown land) 615 7306/1164882 165769217 1.1 (Crown land) 616 7305/1164882 165769218 1.1 (Crown land) The extinguished part of lot 7300 in deposited
plan 1166475 is the part of lot 7300 in deposited
plan 1166475 covered by the structural
encroachments shown in red hatching on the
indicative map for ID Area 617. The native title
area is that part of lot 7300 in deposited plan
1166475 shown in green hatching on the
indicative map for ID
Area 617.Part 1.1 (Crown land)/ Part 2.1 (Crown land in which native title has been
617 7300/1166475 166085165 extinguished) 618 7301/1166475 166085166 1.1 (Crown land) The extinguished part of lot 7302 in deposited
plan 1166475 is the part of lot 7302 in deposited
plan 1166475 covered by the structural
encroachments shown in red hatching on the
indicative map for ID Area 619. The native title
area is that part of lot 7302 in deposited plan
1166475 shown in green hatching on the
indicative map for ID
Area 619.Part 1.1 (Crown land)/ Part 2.1 (Crown land in which native title has been
619 7302/1166475 166085167 extinguished) 1.7b (Other lands or waters to which section 47B of the Native Title Act 1993 (Cth) applies that are subject to the Licences Indigenous Land Use 620 111/721262 102663058 Agreement) 622 52/754184 102662903 1.1 (Crown land) 1.7a (Land or waters to which section 47B of the Native Title Act 1993 623 98/754184 102662951 (Cth) applies) 626 7004/93402 103939435 1.1 (Crown land) The extinguished part of cadastral number is
104541053 is the road bisecting cadastral
number 104541053 and any adjacent land
necessary for or incidental to the construction, establishment or operation of the public works. The native title area is the remainder of the land within the parcel's
Part 1.1 (Crown land)/ Part 2.1 (Crown land in which native title has been
cadastral boundary.
627 104541053 extinguished) 628 103754464 1.1 (Crown land)
629 7001/1026162 104348298 1.9 (Freehold) 630 7300/1154812 164422175 1.1 (Crown land) 633 6/752862 103218849 1.1 (Crown land) 637 7301/1164257 165693007 1.1 (Crown land) 638 7300/1164257 165693008 1.1 (Crown land) 639 7302/1164257 165693009 1.1 (Crown land) 640 7303/1164257 165693010 1.1 (Crown land) 641 31/753430 102673101 1.1 (Crown land) 645 7300/1141273 167480928 1.1 (Crown land) 646 7301/1141273 167480929 1.1 (Crown land) 1.7a (Land or waters to which section 47B of the Native Title Act 1993 652 53/43558 108074066 (Cth) applies) 655 105704166 1.1 (Crown land) 656 105703011 1.1 (Crown land) 657 7300/1139955 167633930 1.1 (Crown land) 1.7a (Land or waters to which section 47B of the Native Title Act 1993 662 54/43484 100136730 (Cth) applies) 663 105704988 1.1 (Crown land) 668 7001/1051530 102965454 1.1 (Crown land) 673 108/752565 102965457 1.1 (Crown land) 687 7001/1058932 104222188 1.1 (Crown land) 688 7002/1058932 104222189 1.1 (Crown land) 689 46/822462 104345088 1.1 (Crown land) 692 7300/1139698 167384589 1.1 (Crown land) 693 7305/1176564 167765251 1.1 (Crown land) 694 7304/1176564 167765252 1.1 (Crown land) 695 7303/1176564 167765253 1.1 (Crown land) 696 7302/1176564 167765254 1.1 (Crown land) 697 7301/1176564 167765255 1.1 (Crown land) 1.7a (Land or waters to which section 47B of the Native Title Act 1993 698 7306/1176564 167765256 (Cth) applies) 699 7307/1176564 167765257 1.1 (Crown land) 701 6847/48011 103843047 1.1 (Crown land) 1.6 (Land or waters to which section 47A of the Native Title Act 1993 702 6844/48011 108043820 (Cth) applies) 705 1/725356 103233474 1.1 (Crown land) 709 83/751852 103233137 1.1 (Crown land) 713 88/751852 103233325 1.1 (Crown land) 716 77/751852 103675006 1.1 (Crown land) 1.6 (Land or waters to which section 47A of the Native Title Act 1993 717 28/751852 103675007 (Cth) applies) 719 2/26/758205 103233163 1.1 (Crown land) 720 1/26/758205 103233164 1.1 (Crown land) 721 5/29/758205 103233169 1.1 (Crown land) 722 4/29/758205 103233170 1.1 (Crown land) 723 3/29/758205 103233171 1.1 (Crown land) 724 2/29/758205 103233172 1.1 (Crown land) 725 1/29/758205 103233173 1.1 (Crown land) 726 5/28/758205 103233175 1.1 (Crown land) 727 4/28/758205 103233176 1.1 (Crown land) 728 3/28/758205 103233177 1.1 (Crown land) 729 2/28/758205 103233178 1.1 (Crown land) 730 1/28/758205 103233179 1.1 (Crown land) 731 6/29/758205 103233182 1.1 (Crown land) 732 7/29/758205 103233184 1.1 (Crown land) 733 8/29/758205 103233185 1.1 (Crown land) 734 9/29/758205 103233186 1.1 (Crown land) 735 10/29/758205 103233187 1.1 (Crown land) 736 6/28/758205 103233188 1.1 (Crown land) 737 7/28/758205 103233189 1.1 (Crown land) 738 8/28/758205 103233190 1.1 (Crown land) 739 9/28/758205 103233191 1.1 (Crown land) 740 10/28/758205 103233192 1.1 (Crown land) 741 5/22/758205 103233201 1.1 (Crown land) 742 3/22/758205 103233203 1.1 (Crown land) 743 2/22/758205 103233204 1.1 (Crown land) 744 1/22/758205 103233205 1.1 (Crown land) 745 4/23/758205 103233208 1.1 (Crown land) 746 6/22/758205 103233216 1.1 (Crown land) 747 7/22/758205 103233217 1.1 (Crown land) 748 9/22/758205 103233218 1.1 (Crown land) 749 10/22/758205 103233219 1.1 (Crown land) 1.7a (Land or waters to which section 47B of the Native Title Act 1993 750 9/24/758205 103233225 (Cth) applies) 751 5/13/758205 103233229 1.1 (Crown land) 752 4/13/758205 103233230 1.1 (Crown land) 753 3/13/758205 103233231 1.1 (Crown land) 754 2/13/758205 103233232 1.1 (Crown land) 755 1/13/758205 103233233 1.1 (Crown land) 756 5/12/758205 103233235 1.1 (Crown land) 757 4/12/758205 103233236 1.1 (Crown land) 758 3/12/758205 103233237 1.1 (Crown land) 759 2/12/758205 103233238 1.1 (Crown land) 760 1/12/758205 103233239 1.1 (Crown land) 761 4/10/758205 103233253 1.1 (Crown land) 762 6/13/758205 103233260 1.1 (Crown land) 763 7/13/758205 103233262 1.1 (Crown land) 764 8/13/758205 103233263 1.1 (Crown land) 765 9/13/758205 103233264 1.1 (Crown land) 766 6/12/758205 103233265 1.1 (Crown land) 767 6/10/758205 103233276 1.1 (Crown land) 768 7/10/758205 103233277 1.1 (Crown land) 769 10/10/758205 103233278 1.1 (Crown land) 771 10/13/758205 103233348 1.1 (Crown land) 772 10/12/758205 103233354 1.1 (Crown land) 773 7/12/758205 103233357 1.1 (Crown land) 774 8/12/758205 103233358 1.1 (Crown land) 775 9/12/758205 103233359 1.1 (Crown land) 776 8/22/758205 103233365 1.1 (Crown land) 777 8/10/758205 103233389 1.1 (Crown land) 778 9/10/758205 103233390 1.1 (Crown land) 779 1/8/758205 103233400 1.1 (Crown land) 780 10/8/758205 103233409 1.1 (Crown land) 781 5/53/758205 103233420 1.1 (Crown land) 782 4/53/758205 103233421 1.1 (Crown land) 783 3/53/758205 103233422 1.1 (Crown land) 784 2/53/758205 103233423 1.1 (Crown land) 785 1/53/758205 103233424 1.1 (Crown land) 786 10/53/758205 103233426 1.1 (Crown land) 787 9/53/758205 103233427 1.1 (Crown land) 788 8/53/758205 103233428 1.1 (Crown land) 789 7/53/758205 103233429 1.1 (Crown land) 790 6/53/758205 103233430 1.1 (Crown land) 791 5/54/758205 103233432 1.1 (Crown land) 792 4/54/758205 103233433 1.1 (Crown land) 793 3/54/758205 103233434 1.1 (Crown land) 794 2/54/758205 103233435 1.1 (Crown land) 795 1/54/758205 103233436 1.1 (Crown land) 796 6/56/758205 103233439 1.1 (Crown land) 797 7/56/758205 103233440 1.1 (Crown land) 798 8/56/758205 103233441 1.1 (Crown land) 799 9/56/758205 103233442 1.1 (Crown land) 800 10/56/758205 103233443 1.1 (Crown land) 801 10/54/758205 103233444 1.1 (Crown land) 802 9/54/758205 103233445 1.1 (Crown land) 803 8/54/758205 103233446 1.1 (Crown land) 804 7/54/758205 103233447 1.1 (Crown land) 805 6/54/758205 103233448 1.1 (Crown land) 806 5/65/758205 103233450 1.1 (Crown land) 807 4/65/758205 103233451 1.1 (Crown land) 808 3/65/758205 103233452 1.1 (Crown land) 809 2/65/758205 103233453 1.1 (Crown land) 810 1/65/758205 103233454 1.1 (Crown land) 811 5/64/758205 103233456 1.1 (Crown land) 812 4/64/758205 103233457 1.1 (Crown land) 813 3/64/758205 103233458 1.1 (Crown land) 814 2/64/758205 103233459 1.1 (Crown land) 815 1/64/758205 103233460 1.1 (Crown land) 816 6/64/758205 103233461 1.1 (Crown land) 817 7/64/758205 103233462 1.1 (Crown land) 818 8/64/758205 103233463 1.1 (Crown land) 819 9/64/758205 103233464 1.1 (Crown land) 820 10/64/758205 103233465 1.1 (Crown land) 822 7/65/758205 103233471 1.1 (Crown land) 823 6/65/758205 103233472 1.1 (Crown land) 824 5/56/758205 103233503 1.1 (Crown land) 825 4/56/758205 103233504 1.1 (Crown land) 826 3/56/758205 103233505 1.1 (Crown land) 827 2/56/758205 103233506 1.1 (Crown land) 828 1/56/758205 103233507 1.1 (Crown land) 830 11/10/758205 103840522 1.1 (Crown land) 1.7a (Land or waters to which section 47B of the Native Title Act 1993 847 6726/822012 103233368 (Cth) applies) 848 1/914650 167337665 1.1 (Crown land) 857 7001/93414 103973384 1.1 (Crown land) 858 7002/93415 102662660 1.1 (Crown land) 859 7002/1026135 103765645 1.1 (Crown land) 860 7011/1027070 103875338 1.1 (Crown land) 861 7004/1027071 104366595 1.1 (Crown land) 862 7005/1027071 104366598 1.1 (Crown land) 863 7010/1032821 103227006 1.1 (Crown land) 864 7001/1118654 159118788 1.1 (Crown land) 865 7003/1120983 159456036 1.1 (Crown land) 1.7a (Land or waters to which section 47B of the Native Title Act 1993 866 7305/1164100 165672147 (Cth) applies) 1.7b (Other lands or waters to which section 47B of the Native Title Act 1993 (Cth) applies that are subject to the Licences Indigenous Land Use 867 7303/1164107 165672209 Agreement) 868 7304/1164320 165672022 1.1 (Crown land) 871 26/752868 103227044 1.1 (Crown land) 872 1/752868 103673904 1.1 (Crown land) 873 17/10/758230 103226755 1.1 (Crown land) 874 19/10/758230 103226758 1.1 (Crown land) 875 19A/10/758230 103226759 1.1 (Crown land) 876 1/12/758230 103226779 1.1 (Crown land) 877 2/12/758230 103226780 1.1 (Crown land) 878 3/12/758230 103226781 1.1 (Crown land) 879 4/12/758230 103226782 1.1 (Crown land) 880 5/12/758230 103226783 1.1 (Crown land) 881 6/12/758230 103226784 1.1 (Crown land) 882 7/12/758230 103226785 1.1 (Crown land) 883 8/12/758230 103226786 1.1 (Crown land) 884 9/12/758230 103226787 1.1 (Crown land) 885 10/12/758230 103226788 1.1 (Crown land) 886 19/12/758230 103226789 1.1 (Crown land) 887 18/12/758230 103226790 1.1 (Crown land) 888 17/12/758230 103226792 1.1 (Crown land) 889 16/12/758230 103226793 1.1 (Crown land) 890 15/12/758230 103226794 1.1 (Crown land) 891 14/12/758230 103226795 1.1 (Crown land) 892 13/12/758230 103226796 1.1 (Crown land) 893 12/12/758230 103226797 1.1 (Crown land) 894 9/9/758230 103226800 1.1 (Crown land) 895 12/9/758230 103226802 1.1 (Crown land) 896 13/9/758230 103226803 1.1 (Crown land) 897 8/9/758230 103226804 1.1 (Crown land) 898 14/9/758230 103226805 1.1 (Crown land) 899 7/9/758230 103226806 1.1 (Crown land) 900 6/9/758230 103226807 1.1 (Crown land) 901 15/9/758230 103226808 1.1 (Crown land) 902 16/9/758230 103226809 1.1 (Crown land) 903 5/9/758230 103226810 1.1 (Crown land) 904 4/9/758230 103226811 1.1 (Crown land) 905 17/9/758230 103226812 1.1 (Crown land) 906 18/9/758230 103226813 1.1 (Crown land) 907 3/9/758230 103226814 1.1 (Crown land) 908 2/9/758230 103226815 1.1 (Crown land) 909 19/9/758230 103226816 1.1 (Crown land) 910 9/2/758230 103226820 1.1 (Crown land) 911 13/2/758230 103226823 1.1 (Crown land) 912 8/2/758230 103226824 1.1 (Crown land) 913 7/2/758230 103226825 1.1 (Crown land) 914 14/2/758230 103226826 1.1 (Crown land) 915 15/2/758230 103226827 1.1 (Crown land) 916 6/2/758230 103226828 1.1 (Crown land) 917 5/2/758230 103226829 1.1 (Crown land) 918 16/2/758230 103226830 1.1 (Crown land) 919 17/2/758230 103226831 1.1 (Crown land) 920 4/2/758230 103226832 1.1 (Crown land) 921 3/2/758230 103226833 1.1 (Crown land) 1.7a (Land or waters to which section 47B of the Native Title Act 1993 922 18/2/758230 103226834 (Cth) applies) 1.7a (Land or waters to which section 47B of the Native Title Act 1993 923 19/2/758230 103226835 (Cth) applies) 924 2/2/758230 103226836 1.1 (Crown land) 925 12/13/758230 103226842 1.9 (Freehold) 926 9/13/758230 103226844 1.9 (Freehold) 927 8/13/758230 103226845 1.9 (Freehold) 928 13/13/758230 103226846 1.9 (Freehold) 929 14/13/758230 103226847 1.9 (Freehold) 930 7/13/758230 103226848 1.9 (Freehold) 931 6/13/758230 103226849 1.9 (Freehold) 932 15/13/758230 103226850 1.9 (Freehold) 933 16/13/758230 103226851 1.9 (Freehold) 934 5/13/758230 103226852 1.9 (Freehold) 935 17/13/758230 103226853 1.9 (Freehold) 936 4/13/758230 103226854 1.9 (Freehold) 937 3/13/758230 103226855 1.9 (Freehold) 938 18/13/758230 103226856 1.9 (Freehold) 939 19/13/758230 103226857 1.9 (Freehold) 940 2/13/758230 103226858 1.9 (Freehold) 941 9/8/758230 103226861 1.1 (Crown land) 942 12/8/758230 103226862 1.1 (Crown land) 943 13/8/758230 103226864 1.1 (Crown land) 944 8/8/758230 103226865 1.1 (Crown land) 945 7/8/758230 103226866 1.1 (Crown land) 946 14/8/758230 103226867 1.1 (Crown land) 947 15/8/758230 103226868 1.1 (Crown land) 948 6/8/758230 103226869 1.1 (Crown land) 949 5/8/758230 103226870 1.1 (Crown land) 950 16/8/758230 103226871 1.1 (Crown land) 951 17/8/758230 103226872 1.1 (Crown land) 952 4/8/758230 103226873 1.1 (Crown land) 953 3/8/758230 103226874 1.1 (Crown land) 954 18/8/758230 103226875 1.1 (Crown land) 955 19/8/758230 103226876 1.1 (Crown land) 956 9/3/758230 103226879 1.1 (Crown land) 957 12/3/758230 103226880 1.1 (Crown land) 958 13/3/758230 103226882 1.1 (Crown land) 959 7/3/758230 103226884 1.1 (Crown land) 960 14/3/758230 103226885 1.1 (Crown land) 961 15/3/758230 103226886 1.1 (Crown land) 962 6/3/758230 103226887 1.1 (Crown land) 963 5/3/758230 103226888 1.1 (Crown land) 964 16/3/758230 103226889 1.1 (Crown land) 965 17/3/758230 103226890 1.1 (Crown land) 966 4/3/758230 103226891 1.1 (Crown land) 967 3/3/758230 103226892 1.1 (Crown land) 968 18/3/758230 103226893 1.1 (Crown land) 969 19/3/758230 103226894 1.1 (Crown land) 970 2/3/758230 103226895 1.1 (Crown land) 971 10/13/758230 103226956 1.9 (Freehold) 972 11/13/758230 103226957 1.9 (Freehold) 973 1/13/758230 103226958 1.9 (Freehold) 974 20/13/758230 103226959 1.9 (Freehold) 975 10/9/758230 103226960 1.1 (Crown land) 976 11/9/758230 103226961 1.1 (Crown land) 977 1/9/758230 103226962 1.1 (Crown land) 978 20/9/758230 103226963 1.1 (Crown land) 979 10/2/758230 103226964 1.1 (Crown land) 980 11/2/758230 103226965 1.1 (Crown land) 981 20/2/758230 103226966 1.1 (Crown land) 982 1/2/758230 103226967 1.1 (Crown land) 983 10/8/758230 103226968 1.1 (Crown land) 984 11/8/758230 103226969 1.1 (Crown land) 985 1/8/758230 103226970 1.1 (Crown land) 986 20/8/758230 103226971 1.1 (Crown land) 987 10/3/758230 103226972 1.1 (Crown land) 988 11/3/758230 103226973 1.1 (Crown land) 989 1/3/758230 103226974 1.1 (Crown land) 990 20/3/758230 103226975 1.1 (Crown land) 991 11/12/758230 103226998 1.1 (Crown land) 994 51/810375 103769982 1.1 (Crown land) 995 50/810375 103769983 1.1 (Crown land) 1000 7007/1020519 102668369 1.1 (Crown land) 1001 7004/1020523 102668340 1.1 (Crown land) 1002 701/1033134 102668116 1.1 (Crown land) 1003 7010/1051124 103740919 1.1 (Crown land) 1004 7009/1051124 103740921 1.1 (Crown land) 1005 7005/1051595 104605525 1.1 (Crown land) 1006 7008/1058730 102668247 1.1 (Crown land)
The extinguished part of lot 7002 in deposited
plan 1059857 is the part of lot 7002 in deposited
plan 1059857 covered by the structural
encroachments shown in red hatching on the
indicative map for ID Area 1007. The native title
area is that part of lot 7002 in deposited plan
1059857 shown in green hatching on the
indicative map for ID
Area 1007.Part 1.1 (Crown land)/ Part 2.1 (Crown land in which native title has been
1007 7002/1059857 102668292 extinguished) 1008 7001/1060017 102668269 1.1 (Crown land) 1009 7003/1060022 104662536 1.1 (Crown land) 1010 7011/1065063 102668103 1.1 (Crown land) 1011 7012/1065063 102668127 1.1 (Crown land) 1012 7013/1065064 102668177 1.1 (Crown land) 1.7a (Land or waters to which section 47B of the Native Title Act 1993 1013 1/724768 102668239 (Cth) applies) 1014 7/753433 102668016 1.1 (Crown land) 1015 6/753433 102668017 1.1 (Crown land) 1016 12/753433 102668260 1.1 (Crown land) 1017 5/753433 102668282 1.1 (Crown land) 1018 46/753433 103740870 1.1 (Crown land) 1020 11/21/758220 102668027 1.1 (Crown land) 1021 3/12/758220 102668030 1.9 (Freehold) 1022 4/12/758220 102668033 1.9 (Freehold) 1023 2/12/758220 102668034 1.9 (Freehold) 1024 6/11/758220 102668039 1.1 (Crown land) 1025 1/12/758220 102668040 1.1 (Crown land) 1026 10/11/758220 102668041 1.9 (Freehold) 1027 5/11/758220 102668044 1.1 (Crown land) 1028 7/11/758220 102668047 1.1 (Crown land) 1029 2/9/758220 102668049 1.1 (Crown land) 1030 5/9/758220 102668055 1.1 (Crown land) 1031 4/11/758220 102668056 1.9 (Freehold) 1032 1/9/758220 102668058 1.9 (Freehold) 1033 3/9/758220 102668060 1.9 (Freehold) 1034 8/11/758220 102668062 1.1 (Crown land) 1035 2/21/758220 102668072 1.1 (Crown land) 1036 10/21/758220 102668073 1.1 (Crown land) 1037 9/21/758220 102668075 1.1 (Crown land) 1038 3/11/758220 102668081 1.1 (Crown land) 1039 9/11/758220 102668086 1.9 (Freehold) 1040 4/9/758220 102668091 1.9 (Freehold) 1041 6/10/758220 102668092 1.1 (Crown land) 1042 2/11/758220 102668099 1.1 (Crown land) 1043 5/8/758220 102668102 1.1 (Crown land) 1044 7/10/758220 102668110 1.1 (Crown land) 1045 1/11/758220 102668119 1.9 (Freehold) 1046 5/10/758220 102668120 1.1 (Crown land) 1047 8/10/758220 102668126 1.1 (Crown land) 1048 4/10/758220 102668134 1.1 (Crown land) 1049 9/10/758220 102668139 1.1 (Crown land) 1050 3/10/758220 102668146 1.9 (Freehold) 1051 10/10/758220 102668149 1.1 (Crown land) 1052 2/10/758220 102668156 1.9 (Freehold) 1053 1/10/758220 102668172 1.1 (Crown land) 1054 8/6/758220 102668176 1.1 (Crown land) 1055 9/6/758220 102668186 1.1 (Crown land) 1056 3/6/758220 102668195 1.1 (Crown land) 1057 5/20/758220 102668206 1.1 (Crown land) 1058 2/6/758220 102668208 1.1 (Crown land) 1060 7004/1020516 102668196 1.1 (Crown land) 1061 7005/1020526 102668547 1.1 (Crown land) 1062 7008/1052803 103740915 1.1 (Crown land) 1063 7006/1057402 104662855 1.1 (Crown land) 1064 7007/1057996 102668203 1.1 (Crown land) 1065 7009/1058992 103740328 1.1 (Crown land) 1067 7001/1059179 104662887 1.1 (Crown land) 1068 7002/1059179 104662888 1.1 (Crown land) 1072 105642456 1.1 (Crown land) 1073 105306831 1.1 (Crown land) 1074 106745896 1.1 (Crown land) 1075 701/1023702 104352081 1.9 (Freehold) 1076 702/1023702 104352082 1.9 (Freehold) 1077 7001/1023703 103526987 1.1 (Crown land) 1078 701/1023707 104339343 1.1 (Crown land) 1079 702/1023707 104339344 1.1 (Crown land) The extinguished part of lot 7009 in deposited
plan 1023709 is the part of lot 7009 in deposited
plan 1023709 not covered by the cemetery and
the road at the northern boundary of lot 7009 in deposited 1023709 shown in red hatching on the
map for ID Area 1081. The native title area is
that part of lot 7009 in deposited plan 1023709
shown in green hatching on the map for ID
Area 1081.
Part 1.1 (Crown land)/ Part 2.1 (Crown land in which native title has been
extinguished)
1081 7009/1023709 104339379 1082 701/1032464
104398755 1.1 (Crown land) 1083 702/1032464
104398756 1.1 (Crown land) 1084 701/1032465
103527247 1.1 (Crown land) The extinguished part of lot 11 in deposited plan
1106756 is the part of lot 11 in deposited plan
1106756 covered by the structural
encroachments shown in red hatching on the
indicative map for ID Area 1085. The native title
area is that part of lot 11 in deposited plan
1106756 shown in green hatching on the
indicative map for ID
Area 1085.Part 1.1 (Crown land)/ Part 2.1 (Crown land in which native title has been
1085 11/1106756 159644440 extinguished) 1086 7004/1121613 160208344 1.1 (Crown land) 1087 7301/1141677 162760274 1.1 (Crown land) 1088 7300/1141677 162760275 1.1 (Crown land) 1089 7302/1143566 163156473 1.1 (Crown land) 1090 7303/1143588 163205659 1.1 (Crown land) 1091 7304/1143588 163205660 1.1 (Crown land) 1092 7307/1161511 165356597 1.1 (Crown land) 1093 7308/1161511 165356598 1.1 (Crown land) 1094 7310/1161536 165356453 1.1 (Crown land) 1095 7309/1161536 165356455 1.1 (Crown land) 1096 10/1176462 167754522 1.1 (Crown land) 1097 53/44909 103527464 1.1 (Crown land) 1098 54/723838 103527354 1.1 (Crown land) 1099 1/723839 103527448 1.1 (Crown land) 1100 50/751556 103526909 1.1 (Crown land) 1101 35/751556 103526917 1.1 (Crown land) 1102 1/751556 103526958 1.1 (Crown land) 1103 26/751556 103526962 1.1 (Crown land) 1105 49/751556 103527103 1.1 (Crown land) 1106 23/751556 103527111 1.1 (Crown land) 1.7a (Land or waters to which section 47B of the Native Title Act 1993 1107 34/751556 103527442 (Cth) applies) 1109 20/751556 103527470 1.1 (Crown land) 1110 2/751556 103527472 1.1 (Crown land) 1111 40/751556 103527475 1.9 (Freehold) 1113 24/751556 103527481 1.1 (Crown land) 1116 1/6/758227 103527021 1.1 (Crown land) 1117 2/12/758227 103527124 1.1 (Crown land) 1118 1/12/758227 103527128 1.1 (Crown land) 1119 5/19/758227 103527168 1.1 (Crown land) 1120 4/19/758227 103527171 1.1 (Crown land) 1121 3/19/758227 103527173 1.1 (Crown land) 1122 2/19/758227 103527175 1.1 (Crown land) 1123 6/19/758227 103527210 1.1 (Crown land) 1124 7/19/758227 103527213 1.1 (Crown land) 1125 8/19/758227 103527215 1.1 (Crown land) 1126 9/19/758227 103527217 1.1 (Crown land) 1127 6/18/758227 103527231 1.1 (Crown land) 1128 7/18/758227 103527233 1.1 (Crown land) 1129 8/18/758227 103527235 1.1 (Crown land) 1130 9/18/758227 103527237 1.1 (Crown land) 1131 10/18/758227 103527242 1.1 (Crown land) 1132 8/17/758227 103527255 1.1 (Crown land) 1133 9/17/758227 103527259 1.1 (Crown land) 1134 43/754761 108106513 1.1 (Crown land) 1138 B/767282 108053407 1.1 (Crown land) 1139 A/767282 162757986 1.1 (Crown land) 1143 7301/1156099 164664811 1.1 (Crown land) 1144 7302/1156099 164664812 1.1 (Crown land) 1145 7304/1156099 164664814 1.1 (Crown land) 1146 7303/1156099 164664815 1.1 (Crown land) 1148 7002/1020817 102653420 1.1 (Crown land) 1149 7003/1020819 104311197 1.1 (Crown land) 1.7b (Other lands or waters to which section 47B of the Native Title Act 1993 (Cth) applies that are subject to the Licences Indigenous Land Use 1153 146/721235 102655790 Agreement) 1.7b (Other lands or waters to which section 47B of the Native Title Act 1993 (Cth) applies that are subject to the Licences Indigenous Land Use 1154 51/721742 102655803 Agreement) 1156 104659106 1.1 (Crown land) 1157 7004/1023455 104336462 1.1 (Crown land) 1158 7302/1160963 165249637 1.1 (Crown land) 1159 7301/1160963 165249638 1.1 (Crown land) 1160 7303/1160963 165249639 1.1 (Crown land) 1.7b (Other lands or waters to which section 47B of the Native Title Act 1993 (Cth) applies that are subject to the Licences Indigenous Land Use 1161 2/723348 103527870 Agreement) 1.7b (Other lands or waters to which section 47B of the Native Title Act 1993 (Cth) applies that are subject to the Licences Indigenous Land Use 1162 1/723348 103527875 Agreement) 1.7b (Other lands or waters to which section 47B of the Native Title Act 1993 (Cth) applies that are subject to the Licences Indigenous Land Use 1163 50/728740 100182772 Agreement) 1164 11/754193 103527810 1.1 (Crown land) 1165 25/754193 103527824 1.1 (Crown land) 1166 33/754193 103527871 1.1 (Crown land) 1.7b (Other lands or waters to which section 47B of the Native Title Act 1993 (Cth) applies that are subject to the Licences Indigenous Land Use 1167 2/754193 108075298 Agreement) 1.7b (Other lands or waters to which section 47B of the Native Title Act 1993 (Cth) applies that are subject to the Licences Indigenous Land Use 1168 26/754193 108075299 Agreement) 1169 34/754193 108075301 1.1 (Crown land) 1171 1/754193 157954332 1.1 (Crown land) 1175 7017/1024190 104447135 1.1 (Crown land) 1176 7011/1025613 104349344 1.1 (Crown land) 1181 7021/1118080 159023816 1.1 (Crown land) 1186 7308/1145719 166769687 1.1 (Crown land) 1191 7305/1170298 166745598 1.1 (Crown land) 1192 7306/1170298 166745599 1.1 (Crown land) 1193 7316/1170625 166773909 1.1 (Crown land) The extinguished part of lot 7315 in deposited
plan 1170625 is the part of lot 7315 in deposited
plan 1170625 formerly subject to Western Land
Lease 2082 and which is shown in red hatching
on the map for ID Area 1194. The native title
area is that part of lot 7315 in deposited plan
1170625 shown in green hatching on the map for
ID
Area 1194.Part 1.1 (Crown land)/ Part 2.1 (Crown land in which native title has been
1194 7315/1170625 166773910 extinguished) 1195 7318/1170625 166773912 1.1 (Crown land) The extinguished part of lot 7313 in deposited
plan 1170795 is the part of lot 7313 in deposited
plan 1170795, being the part subject to SL1899-
1 and which is shown in red hatching on the map
for ID Area 1198. The native title area is that
part of lot 7313 in deposited plan 1170795
shown in green hatching on the map for ID Area1198.
Part 1.1 (Crown land)/ Part 2.1 (Crown land in which native title has been
1198 7313/1170795 166807382 extinguished) 1199 7320/1170795 166807383 1.1 (Crown land) 1200 7318/1170795 166807384 1.1 (Crown land) 1201 7314/1170795 166807385 1.1 (Crown land) 1202 7315/1170795 166807386 1.1 (Crown land) 1203 7322/1170795 166807387 1.1 (Crown land) 1204 7316/1170795 166807388 1.1 (Crown land) 1205 7317/1170795 166807389 1.1 (Crown land) 1206 7319/1170795 166807390 1.1 (Crown land) 1207 7321/1170795 166807391 1.1 (Crown land) 1208 7319/1170912 166815011 1.1 (Crown land) 1209 7327/1171075 166887905 1.1 (Crown land) 1.7a (Land or waters to which section 47B of the Native Title Act 1993 1210 7328/1171218 166909145 (Cth) applies) 1211 7320/1171220 166909198 1.9 (Freehold) 1212 7321/1171220 166909199 1.9 (Freehold) 1213 7324/1171220 166909200 1.1 (Crown land) 1214 7322/1171220 166909201 1.9 (Freehold) 1215 7323/1171220 166909202 1.9 (Freehold) 1219 7333/1171616 166954022 1.1 (Crown land) 1.7a (Land or waters to which section 47B of the Native Title Act 1993 1263 15/6/2780 104252539 (Cth) applies) 1.7a (Land or waters to which section 47B of the Native Title Act 1993 1264 12/6/2780 104252540 (Cth) applies) 1.7a (Land or waters to which section 47B of the Native Title Act 1993 1265 13/6/2780 104252541 (Cth) applies) 1.7a (Land or waters to which section 47B of the Native Title Act 1993 1266 14/6/2780 104252543 (Cth) applies) 1.7a (Land or waters to which section 47B of the Native Title Act 1993 1267 16/6/2780 104252557 (Cth) applies) 1.7a (Land or waters to which section 47B of the Native Title Act 1993 1299 8/6/2780 104252593 (Cth) applies) 1.7a (Land or waters to which section 47B of the Native Title Act 1993 1300 7/6/2780 104252594 (Cth) applies) 1.7a (Land or waters to which section 47B of the Native Title Act 1993 1301 24/6/2780 104252595 (Cth) applies) 1.7a (Land or waters to which section 47B of the Native Title Act 1993 1302 6/6/2780 104252596 (Cth) applies) 1.7a (Land or waters to which section 47B of the Native Title Act 1993 1307 25/6/2780 104252601 (Cth) applies) 1.7a (Land or waters to which section 47B of the Native Title Act 1993 1308 23/6/2780 104252602 (Cth) applies) 1.7a (Land or waters to which section 47B of the Native Title Act 1993 1309 9/6/2780 104252603 (Cth) applies) 1.7a (Land or waters to which section 47B of the Native Title Act 1993 1310 22/6/2780 104252604 (Cth) applies) 1.7a (Land or waters to which section 47B of the Native Title Act 1993 1311 10/6/2780 104252605 (Cth) applies) 1.7a (Land or waters to which section 47B of the Native Title Act 1993 1312 21/6/2780 104252606 (Cth) applies) 1.7a (Land or waters to which section 47B of the Native Title Act 1993 1313 11/6/2780 104252607 (Cth) applies) 1.7a (Land or waters to which section 47B of the Native Title Act 1993 1314 20/6/2780 104252608 (Cth) applies) 1.7a (Land or waters to which section 47B of the Native Title Act 1993 1315 19/6/2780 104252609 (Cth) applies) 1.7a (Land or waters to which section 47B of the Native Title Act 1993 1316 18/6/2780 104252610 (Cth) applies) 1.7a (Land or waters to which section 47B of the Native Title Act 1993 1317 17/6/2780 104252611 (Cth) applies) 1342 407/722948 103771181 1.1 (Crown land) 1362 207/755649 103211152 1.1 (Crown land) 1363 206/755649 103211153 1.1 (Crown land) 1364 205/755649 103211156 1.1 (Crown land) 1365 208/755649 103211157 1.1 (Crown land) 1366 211/755649 103211162 1.1 (Crown land) 1367 210/755649 103211163 1.1 (Crown land) 1368 209/755649 103211164 1.1 (Crown land) 1369 212/755649 103211165 1.1 (Crown land) 1370 214/755649 103211169 1.1 (Crown land) 1371 215/755649 103211170 1.1 (Crown land) 1372 213/755649 103211171 1.1 (Crown land) 1373 216/755649 103211172 1.1 (Crown land) 1374 219/755649 103211176 1.1 (Crown land) 1375 220/755649 103211177 1.1 (Crown land) 1376 217/755649 103211178 1.1 (Crown land) 1377 222/755649 103211179 1.1 (Crown land) 1378 218/755649 103211180 1.1 (Crown land) 1379 221/755649 103211181 1.1 (Crown land) 1380 226/755649 103211185 1.1 (Crown land) 1381 225/755649 103211186 1.1 (Crown land) 1382 223/755649 103211188 1.1 (Crown land) 1383 228/755649 103211189 1.1 (Crown land) 1384 224/755649 103211190 1.1 (Crown land) 1385 227/755649 103211191 1.1 (Crown land) 1386 231/755649 103211194 1.1 (Crown land) 1387 230/755649 103211195 1.1 (Crown land) 1388 229/755649 103211196 1.1 (Crown land) 1389 232/755649 103211197 1.1 (Crown land) 1392 203/755649 103211208 1.1 (Crown land) 1393 202/755649 103211211 1.1 (Crown land) 1394 204/755649 103211212 1.1 (Crown land) 1395 201/755649 103211213 1.1 (Crown land) 1396 200/755649 103211217 1.1 (Crown land) 1397 197/755649 103211223 1.9 (Freehold) 1398 199/755649 103211224 1.9 (Freehold) 1399 198/755649 103211225 1.9 (Freehold) 1400 194/755649 103211226 1.9 (Freehold) 1401 195/755649 103211227 1.9 (Freehold) 1402 196/755649 103211228 1.9 (Freehold) 1403 111/755649 103211232 1.1 (Crown land) 1404 110/755649 103211233 1.1 (Crown land) 1405 120/755649 103211234 1.1 (Crown land) 1406 106/755649 103211235 1.1 (Crown land) 1407 119/755649 103211236 1.1 (Crown land) 1408 109/755649 103211237 1.1 (Crown land) 1409 100/755649 103211244 1.1 (Crown land) 1410 303/755649 103211245 1.1 (Crown land) 1411 98/755649 103211246 1.1 (Crown land) 1416 147/755649 103211254 1.1 (Crown land) 1417 148/755649 103211258 1.1 (Crown land) 1418 149/755649 103211259 1.1 (Crown land) 1419 146/755649 103211260 1.1 (Crown land) 1420 12/755649 103211265 1.9 (Freehold) 1421 14/755649 103211266 1.9 (Freehold) 1422 16/755649 103211267 1.9 (Freehold) 1423 17/755649 103211268 1.9 (Freehold) 1424 18/755649 103211272 1.1 (Crown land) 1425 22/755649 103211273 1.1 (Crown land) 1426 20/755649 103211274 1.1 (Crown land) 1427 21/755649 103211275 1.1 (Crown land) 1428 23/755649 103211278 1.9 (Freehold) 1429 24/755649 103211279 1.9 (Freehold) 1430 25/755649 103211280 1.9 (Freehold) 1431 26/755649 103211281 1.9 (Freehold) 1432 143/755649 103211284 1.1 (Crown land) 1433 144/755649 103211287 1.1 (Crown land) 1434 145/755649 103211288 1.1 (Crown land) 1435 142/755649 103211289 1.1 (Crown land) 1445 35/755649 103211644 1.1 (Crown land) 1446 259/755649 103211835 1.1 (Crown land) 1449 306/755649 103211859 1.1 (Crown land) 1452 256/755649 103211872 1.1 (Crown land) 1453 307/755649 103211873 1.1 (Crown land) 1455 253/755649 103211880 1.1 (Crown land) 1456 252/755649 103211883 1.1 (Crown land) 1457 250/755649 103211885 1.1 (Crown land) 1458 152/755649 103211886 1.1 (Crown land) 1459 294/755649 103211887 1.1 (Crown land) 1460 277/755649 103211888 1.1 (Crown land) 1461 251/755649 103211890 1.1 (Crown land) 1462 278/755649 103211891 1.1 (Crown land) 1464 275/755649 103211898 1.1 (Crown land) 1465 101/755649 103211901 1.1 (Crown land) 1466 113/755649 103211902 1.1 (Crown land) 1467 30/755649 103211909 1.1 (Crown land) 1469 116/755649 103211932 1.1 (Crown land) 1470 270/755649 103211938 1.1 (Crown land) 1471 102/755649 103211941 1.1 (Crown land) 1472 139/755649 103212904 1.1 (Crown land) 1474 138/755649 103212912 1.1 (Crown land) 1476 304/755649 103214193 1.1 (Crown land) 1477 295/755649 103214196 1.1 (Crown land) 1508 112/755649 108125960 1.1 (Crown land) 1509 274/755649 166815109 1.1 (Crown land) 1524 17/41/758254 103212063 1.1 (Crown land) 1544 1/35/758254 103212459 1.1 (Crown land) 1.7b (Other lands or waters to which section 47B of the Native Title Act 1993 (Cth) applies that are subject to the Licences Indigenous Land Use 1564 425/820487 103214805 Agreement) 1565 428/820493 103211921 1.1 (Crown land) 1566 427/820493 103213934 1.1 (Crown land) 1571 24/837494 103213046 1.1 (Crown land) 1574 105326164 1.1 (Crown land) 1582 7302/1170536 166763580 1.1 (Crown land) 1583 7300/1170536 166763581 1.1 (Crown land) 1584 7301/1170536 166763582 1.1 (Crown land) 1585 7315/1171574 166925688 1.9 (Freehold) 1586 7316/1171574 166925689 1.1 (Crown land) 1587 7313/1171574 166925690 1.1 (Crown land) 1588 7312/1171574 166925691 1.1 (Crown land) 1589 7314/1171574 166925692 1.1 (Crown land) 1590 7308/1171574 166925693 1.1 (Crown land) 1591 7309/1171574 166925694 1.9 (Freehold) 1592 7311/1171574 166925695 1.1 (Crown land) 1593 7310/1171574 166925696 1.1 (Crown land) 1594 7393/1180005 168305706 1.9 (Freehold) 1598 10/17/758218 103859765 1.9 (Freehold) 1599 3/18/758218 103859767 1.1 (Crown land) 1600 8/18/758218 103859770 1.1 (Crown land) 1601 68/18/758218 103859773 1.1 (Crown land) 1602 7/18/758218 103859774 1.1 (Crown land) 1603 4/17/758218 103859777 1.1 (Crown land) 1604 3/17/758218 103859778 1.9 (Freehold) 1605 9/17/758218 103859780 1.1 (Crown land) 1606 8/17/758218 103859781 1.9 (Freehold) 1607 6/17/758218 103859783 1.1 (Crown land) 1608 6/18/758218 103859784 1.1 (Crown land) 1609 5/18/758218 103859785 1.1 (Crown land) 1610 4/18/758218 103859786 1.1 (Crown land) 1611 63/16/758218 103859802 1.9 (Freehold) 1612 1/16/758218 103859803 1.1 (Crown land) 1613 2/16/758218 103859805 1.1 (Crown land) 1614 3/16/758218 103859806 1.1 (Crown land) 1615 41/16/758218 103859807 1.9 (Freehold) 1616 40/16/758218 103859808 1.9 (Freehold) 1617 50/19/758218 103859809 1.1 (Crown land) 1618 4/16/758218 103859811 1.1 (Crown land) 1619 5/16/758218 103859812 1.1 (Crown land) 1620 6/16/758218 103859813 1.1 (Crown land) 1621 7/16/758218 103859814 1.1 (Crown land) 1622 46/16/758218 103859816 1.9 (Freehold) 1623 45/16/758218 103859817 1.9 (Freehold) 1624 53/19/758218 103859822 1.1 (Crown land) 1625 56/19/758218 103859825 1.1 (Crown land) 1626 11/16/758218 103859839 1.1 (Crown land) 1627 48/16/758218 103859844 1.1 (Crown land) 1628 14/20/758218 103859851 1.9 (Freehold) 1629 15/20/758218 103859862 1.9 (Freehold) 1630 17/20/758218 103859866 1.9 (Freehold) 1631 32/20/758218 103859869 1.1 (Crown land) 1632 6/20/758218 103859871 1.1 (Crown land) 1633 17/15/758218 103859875 1.1 (Crown land) 1634 2/15/758218 103859877 1.1 (Crown land) 1635 3/15/758218 103859878 1.1 (Crown land) 1636 5/15/758218 103859880 1.1 (Crown land) 1637 36/20/758218 103859900 1.1 (Crown land) 1638 35/20/758218 103859901 1.1 (Crown land) 1639 34/20/758218 103859902 1.1 (Crown land) 1640 33/20/758218 103859903 1.1 (Crown land) 1641 7/15/758218 103859917 1.1 (Crown land) 1642 39/20/758218 103859947 1.1 (Crown land) 1643 38/20/758218 103859948 1.1 (Crown land) 1644 4/14/758218 103860027 1.1 (Crown land) 1645 5/14/758218 103860028 1.1 (Crown land) 1.7a (Land or waters to which section 47B of the Native Title Act 1993 1646 7/14/758218 103860029 (Cth) applies) 1647 3/13/758218 103860062 1.1 (Crown land) 1.7a (Land or waters to which section 47B of the Native Title Act 1993 1648 8/14/758218 103860068 (Cth) applies) 1649 9/13/758218 103860095 1.1 (Crown land) 1650 8/13/758218 103860096 1.1 (Crown land) 1651 7/13/758218 103860097 1.1 (Crown land) 1652 6/13/758218 103860098 1.1 (Crown land) 1653 5/13/758218 103860099 1.1 (Crown land) 1654 4/13/758218 103860100 1.1 (Crown land) 1655 16/13/758218 103860101 1.1 (Crown land) 1656 26/13/758218 103860142 1.1 (Crown land) 1657 25/13/758218 103860143 1.1 (Crown land) 1658 11/13/758218 103860144 1.1 (Crown land) 1659 10/13/758218 103860145 1.1 (Crown land) 1660 19/13/758218 103860146 1.1 (Crown land) 1661 17/13/758218 103860147 1.1 (Crown land) 1662 12/13/758218 103860148 1.1 (Crown land) 1663 23/13/758218 103860167 1.1 (Crown land) 1664 24/13/758218 103860168 1.1 (Crown land) 1665 20/13/758218 103860170 1.1 (Crown land) 1666 21/13/758218 103860171 1.1 (Crown land) 1667 18/13/758218 103860173 1.9 (Freehold) 1668 1/26/758218 103860215 1.9 (Freehold) 1669 3/26/758218 103860216 1.9 (Freehold) 1670 2/26/758218 103860217 1.9 (Freehold) 1671 7/26/758218 103860267 1.9 (Freehold) 1672 8/26/758218 103860268 1.9 (Freehold) 1673 9/26/758218 103860269 1.9 (Freehold) 1674 6/26/758218 103860270 1.9 (Freehold) 1675 5/26/758218 103860271 1.9 (Freehold) 1676 4/26/758218 103860272 1.9 (Freehold) 1677 2/29/758218 103860310 1.9 (Freehold) 1678 3/29/758218 103860311 1.9 (Freehold) 1679 4/29/758218 103860312 1.9 (Freehold) 1680 5/29/758218 103860314 1.9 (Freehold) 1681 6/29/758218 103860341 1.9 (Freehold) 1682 7/29/758218 103860342 1.9 (Freehold) 1683 8/29/758218 103860343 1.9 (Freehold) 1684 9/29/758218 103860344 1.9 (Freehold) 1685 11/29/758218 103860347 1.9 (Freehold) 1686 10/29/758218 103860348 1.9 (Freehold) 1687 15/29/758218 103860364 1.9 (Freehold) 1688 12/29/758218 103860374 1.9 (Freehold) 1689 13/29/758218 103860375 1.9 (Freehold) 1690 14/29/758218 103860376 1.9 (Freehold) 1704 7011/1052292 104605875 1.1 (Crown land) 1705 7006/1052691 104605894 1.1 (Crown land) 1707 7025/1100397 154888167 1.1 (Crown land) 1708 7026/1100397 154888171 1.1 (Crown land) 1709 7305/1155681 164567022 1.1 (Crown land) 1710 7303/1155681 164567023 1.1 (Crown land) 1711 7304/1155681 164567024 1.1 (Crown land) 1713 7301/1155681 164567026 1.1 (Crown land) 1714 7302/1155726 164543634 1.1 (Crown land) 1717 7300/1156254 164666881 1.1 (Crown land) 1718 7301/1156254 164666882 1.1 (Crown land) 1.7a (Land or waters to which section 47B of the Native Title Act 1993 1720 56/721735 102655687 (Cth) applies)
4. CONNECTION
The connection evidence included multiple expert reports and affidavits and statements from
lay witnesses. Key aspects of Dr Donaldson’s conclusions include that (at [23]–[30]):
The assessments of the anthropological and historical record in the Rose and Bennett reports support the position that the area subject to the Application, as described in Schedule Three of the proposed determination, is accurate, comprises areas of land and waters to which NNWW People were connected under their laws and customs at sovereignty [in about 1818], and that such connection has continued to today.
… the ethnography demonstrates that according to traditional laws and customs, rights
to country are organised according to cognatic descent from a Ngemba, Ngiyampaa, Wangaaypuwan and/or Wayilwan apical ancestor. In the contemporary context, descent may be through the mother or the father (or both). This descent is substantiated under traditional laws and customs as membership through the processes of self-
identification and recognition by NNWW People. …
… at sovereignty Ngemba, Ngiyampaa, Wangaaypuwan and Wayilwan Country
(NNWW Country) encompassed many subgroups, whose rights under their laws and customs in relation to particular associated territories, or to use the Wangaaypuwan term ngurrampaa, were mutually recognised by members of other subgroups under a
regional system. Linguistic evidence also suggests that rights in relation to one’s
subgroup do not cease to exist even if the owner no longer resides on that country. …
… the laws and customs, under which NNWW People have rights and interests in
relation to land and waters, were acknowledged and observed at Sovereignty and that acknowledgement and observance has continued through subsequent generations until today.
…
… NNWW People have inherited knowledge of their own subgroup level of rights in
relation to particular tracts of land within the Application Area. This extends to inherited knowledge of practices and rights of their own subgroups when hunting, fishing, camping, conducting ceremony and protecting sacred sites within the Application Area. These rights are still strongly held even when people are
ngurrampaanhthalapaa or living away from their Country…
… at Sovereignty, NNWW People’s connections under their laws and customs withtheir land and waters conferred rights to use and share the resources within the Application Area, including for domestic and communal purposes. Beyond these
everyday needs, they also utilised resources in religious and ceremonial activities…
… the description of NNWW People, as contained in Schedule A to the Amended
Application filed on 16 January 2024 and included in the proposed consent determination as annexed to the Section 87 Agreement for this Application, is an accurate description of all the people who hold native title rights and interests in the area subject to the Application. The NNWW People are the descendants of those who at sovereignty exercised and held rights and interests in the Application Area, which have as their source a system of traditional law and customs which continue to be binding upon and observed by NNWW People.
(Citations omitted; emphasis in original.)
5. THE REQUIREMENTS FOR MAKING A CONSENT DETERMINATION
5.1 General principles
Section 213 of the Act provides that a determination of native title must be made in accordance
with the procedures in the Act.
In Jangga People #3, I summarised the general principles relating to consent determinations as
follows (at [27]–[29]):
in furtherance of the legislative preference for the negotiated resolution of native title claims, the NTA confers power on the Court to make a determination of native title that gives effect to the terms of an agreement between the parties (commonly described as a consent determination). That power may be exercised where the jurisdictional conditions in s 87(1) are met and it appears to the Court that it is appropriate to make an order consistent with the agreement between the parties (s 87(1) and (1A) respectively). While the discretion must be exercised judicially, the parties to an agreement are not required to produce evidence as if in a trial: Ward v Western Australia [2006] FCA 1848 at [8] (North J); Hughes v Western Australia [2007] FCA 365 at [8] (Bennett J). Rather, as Rares J held at [6] in McLennan:
The Court has not had a trial to establish the applicant’s claim on its merits.
Even so, the Court has an important power to make a determination that native title over land and waters exists under s 87 of the Act once all of the parties have signed a written agreement and provided certain other conditions are met. In these proceedings, the State of Queensland has consented to the making of the determination of native title. Before the Court can make the orders recognising native title, it must be satisfied that the consent determination has been reached after proper consideration by the parties, particularly the State, of all of the matters that the Act requires be established. This consensual process depends upon the executive government of each State and Territory in whose jurisdiction the claim is made taking an active role in the litigation. The government must scrutinise carefully any claim for native title in order to seek to protect the interests of the whole community that it represents: Munn v State of Queensland (2001) 115 FCR 109 at 115 [29] per Emmett J.
In this regard, as Rares J stated, the State has a public responsibility to ensure that any agreement made under s 87 of the NTA is in the interests of the community it represents, bearing in mind that a determination of native title is a determination in
rem…
This responsibility is discharged by the State where it is satisfied that there is a credible or cogent basis for concluding that the requirements of s 223 of the NTA are satisfied. Thus Jagot J helpfully explained in Western Bundjalung People v Attorney General (NSW) [2017] FCA 992 at [21]-[22] that:
In reconciling its multiple duties the orthodox position which has emerged and been settled for many years is that the State should not require an applicant to prove to it on the balance of probabilities that each of the requirements of s 223 is satisfied. For the State party to discharge its duties not only to the public at large but also to the claim group and to the Court, and to fulfil its fundamental obligations of fidelity to the objects of the NTA and the requirements of the Court Act, it looks for only a credible or cogent basis to conclude that the requirements of s 223 are satisfied whether or not that basis would constitute admissible evidence in contested litigation or would enable the Court to make
findings about s 223 in favour of an applicant on the balance of probabilities…
(Emphasis added.)
A determination of native title may be made pursuant to s 87 of the Act, by consent and without
holding a hearing (as here), where the following requirements are satisfied:
(1) the procedural preconditions in s 87 have been satisfied; (2) the Court is satisfied that an order in, or consistent with, the terms of the proposed consent determination is within the power of the Court (s 87(1)(c)); and
(3) the Court is satisfied that it is appropriate to make the proposed consent determination (ss 87(1A) and (2)).
I address each of these requirements in turn below.
5.2 Are the procedural preconditions for making a consent determination met?
The procedural requirements under s 87 which must be satisfied are that:
(1) the period specified in the notice given under s 66 of the Act has ended (s 87(1)); (2) the parties have reached an agreement on the terms of orders relating to the proceedings and matters arising out of the proceedings (s 87(1)(a) and (aa)); and
(3) the agreement must be reduced to writing, signed by or on behalf of the parties, and have been filed with the Court (s 87(1)(b)).
As to the last of these matters, s 87(1AA) makes provision for how the native title applicant
enters into the agreement, given that a number of persons may jointly be the “applicant” which
is authorised to act on behalf of all of the persons in the native title claim group: see ss 61(2) and s 251B of the Act. Those persons, who are jointly the applicant, also comprise the
“registered native title claimant”: see the definition of “registered native title claimant” in
s 253. Section 87(1AA) provides that:
The requirements that a party to the proceedings that is a registered native title claimant be a party to the agreement and sign the terms of the agreement are satisfied if:
(a) a majority of the persons who comprise the registered native title claimant are parties to the agreement and sign the terms, unless paragraph (b) applies; or (b) if conditions under section 251BA on the authority of the registered native title claimant provide for the persons who must become a party to the agreement and sign the terms—those persons are parties to the agreement and sign the
terms.
I am satisfied that each of these procedural preconditions to the making of a consent
determination are met for the following reasons.
First, I am satisfied that the notification period has ended on the basis of Ms Brown’s evidence,
which establishes that “[t]he native title determination application was notified by the National
Native Title Tribunal on 15 March 2012, with the notification period between 5 September
2012 and 4 December 2012”: at [11].
Secondly, the terms of the proposed orders relate to this proceeding, being the further amended
native title application.
With respect to the third of these requirements, s 61(1) of the Act permits the making of a
native title determination application by those persons who are:
…authorised by all the persons (the native title claim group) who, according to their
traditional laws and customs, hold the common or group rights and interests
comprising the particular native title claimed…
Section 62A(1) of the Act relevantly provides that in the case of a claimant application, the
applicant may deal with all matters arising under the Act in relation to the application. This
includes consenting to a determination of native title pursuant to s 87 of the Act. The affidavit
of Ms Vaughn records that NTSCORP properly notified and convened a Ngemba, Ngiyampaa,
Wangaaypuwan and Wayilwan native title claim group meeting on 21 and 22 April 2024 to
authorise the Applicant to agree to the proposed consent determination, and that a resolution
was passed by the native title claim group using the agreed and adopted decision-making
method which provided that authorisation: at [29]–[44]. Ms Vaughan deposes that the terms
of the approved agreement and consent determination are substantially the same as those contained in the proposed consent determination annexed to the Section 87 Agreement and
filed in this proceeding: at [44].
As a result, I am satisfied that a majority of the persons who comprise the registered native title
claimant/Applicant are parties to the agreement and instructed the Applicant’s legal
representative to sign the Section 87 Agreement.
That being so, as the Section 87 Agreement has been reduced to writing, is signed by the
parties, and was filed with the Court on 26 and 30 July 2024, I am satisfied that the precondition
in s 87(1)(b) has been met.
5.3 Are the orders sought within the Court’s powers?
Section 87(1)(c) of the Act requires that the Court be “satisfied that an order in, or consistent
with, those terms [in the proposed consent determination] would be within the power of the
Court”.
When making a determination of native title, s 213(1) of the Act requires:
If, for the purpose of any matter or proceeding before the Federal Court, it is necessary to make a determination of native title, that determination must be made in accordance with the procedures in this Act.
Those procedures in the Act include:
(1) the application to the Federal Court was made under Part 3 of the Act (s 13(1)); and (2) the application for a determination of native title is “in relation to an area for which there is no approved determination of native title”, or revokes or varies an approved
determination of native title (ss 13(1) and 68).
Further, as the Full Court explained in Commonwealth v Clifton [2007] FCAFC 190; (2007)
164 FCR 355 at [44]–[46]:
the rules that govern the making of a native title determination are found in Div 1 of Pt 3 of the Act. That Division prescribes who may make such an application (s 61), proscribes the making of an application in relation to an area for which there is an approved determination of native title (s 61A) and specifies the form of the application and the information that must be included in the application (s 61(3), (4) and (5)) or in an accompanying affidavit (s 62). It requires any application under s 61, and any accompanying affidavit, to be given to the Native Title Registrar (s 63) who must give notice of the application to persons likely to be interested in the application (s 66). The Division proscribes the amendment of an application where the amendment would increase the area claimed beyond that of which the Native Title Registrar will have given notice (s 64).
Part 4 of the Act governs the way in which the Federal Court is to exercise its jurisdiction to hear and determine applications concerning native title. Importantly, unless the Court orders to the contrary after taking into account the matters identified in s 86B(4), every application under s 61 must be referred by the Court to the NNTT for mediation.
As mentioned above, s 67 of the Act recognises that two or more applications may be made to the Court for a determination of native title in respect of the same area. It provides a procedure for dealing with applications concerning the same area. It requires that they be dealt with in the one proceeding.
First, I am satisfied that the application before me was made in accordance with the
requirements of Part 3 of the Act. In particular, I am satisfied that the application was
authorised in a manner that was compliant with the requirements under the Act and is a valid
application.
Secondly, there is no approved determination of native title within the external boundaries of
the Ngemba, Ngiyampaa, Wangaaypuwan and Wayilwan People’s native title determination
application. Nor are there any proceedings before the Court relating to native title
determination applications that cover any part of the Native Title Area which would otherwise
require orders to be made under s 67(1) of the Act.
Thirdly, I am satisfied that there has been compliance with Part 4 of the Act which (relevantly)
sets out the rules for processing native title applications in the Federal Court and making
determinations relating to native title.
In particular, s 94A requires that “[a]n order in which the Federal Court makes a determination
of native title must set out details of the matters mentioned in section 225”. Section 225 in turn
provides:
A determination of native title is a determination whether or not native title exists in relation to a particular area (the determination area) of land or waters and, if it does exist, a determination of:
(a) who the persons, or each group of persons, holding the common or group rights comprising the native title area; and (b) the nature and extent of the native title rights and interests in relation to the determination area; and (c) the nature and extent of any other interests in relation to the determination area; and (d) the relationship between the rights and interests in paragraphs (b) and (c) (taking into account the effect of this Act); and (e) to the extent that the land or waters in the determination area are not covered by a non‑exclusive agricultural lease or a non‑exclusive pastoral lease—whether the native title rights and interests confer
possession, occupation, use and enjoyment of that land or waters on
the native title holders to the exclusion of all others.
Note: The determination may deal with the matters in paragraphs (c) and (d) by
referring to a particular kind or particular kinds of non‑native title interests.
(Emphasis in original.)
I am satisfied that each of these matters are addressed in the proposed consent determination:
see cls 4, 5, 7–14 of the determination.
In addition, the Applicant and the State submit that proposed orders 2–6 may require the Court
to make orders in relation to matters other than native title insofar as they relate to the ILUAs
referenced above and the date on which the determination takes effect. Specifically, orders are
sought which provide that parts of the proposed consent determination in relation to specified
parcels take effect on the date on which the ILUAs are registered on the Register of ILUAs
pursuant to s 199B of the Act or, if not registered within 12 months, the matter is to be listed
for case management (proposed orders 2 to 5 inclusive). Proposed order 6 provides that the
proposed determination of the remainder of the parcels takes effect on the date the orders are
made.
The Court is empowered under s 87(5) of the Act to make an order “that gives effect to terms
of the agreement that involve matters other than native title” if the Court considers it
appropriate to do so: s 87(1A). To the extent necessary, I agree that this power extends to
setting timeframes within which parts of the determination take effect, including with respect
to the ILUAs: see, eg, Bullen on behalf of the Esperance Nyungar People v State of Western
Australia [2014] FCA 197 (McKerracher J). Orders of this nature were also contemplated by
Mansfield J in Brown v South Australia [2010] FCA 875; (2010) 189 FCR 540 at [39] in the
following passage:
matters consequential upon or related to the recognition of native title rights and interests may not be the subject of negotiation. It is generally in the interests of all concerned if such matters can be addressed and agreed at the same time. If, as here, agreement on a sustained benefits term could not be reached after negotiation, it is appropriate that the consent determination be made (together with any other agreements to be reflected in the orders).
I consider it appropriate to make the orders sought with respect to the ILUAs.
I am, therefore, satisfied that the proposed consent determination is within power.
5.4 Is it appropriate to make the determination?
In order for the Court to make an order in, or consistent with, the terms in the Section 87
Agreement, the Court must be satisfied that it is appropriate to do so: ss 87(1A) and (2).
The principles applicable to determining this question were helpfully summarised by Halley J
recently in Madrill on behalf of the members of the Amapete, Apwetyerlaneme, Atnweale and
Warrtharre Landholding Groups v Northern Territory of Australia [2024] FCA 529
at [27]–[31] as follows:
The Act is designed to encourage parties to take responsibility for resolving proceedings without the need for litigation. The power in s 87 of the Act must be exercised flexibly and with regard to the purpose for which the section is designed: Lovett on behalf of the Gunditjmara People v State of Victoria [2007] FCA 474 at [36] (North J).
The primary task of the Court is to determine whether there is an agreement between the parties and whether that agreement was freely entered into on an informed basis: Nangkiriny v Western Australia (2002) 117 FCR 6; [2002] FCA 660 at [14] (North J); Ward v State of Western Australia [2006] FCA 1848 at [9] (North J); Hughes (on behalf of the Eastern Guruma People) v State of Western Australia [2007] FCA 365 at [9] (Bennett J).
The Court must be satisfied, however, that the relevant state party has taken steps to satisfy itself that there is a credible basis for an application: Munn v Queensland (2001) 115 FCR 109; [2001] FCA 1229 at [29] (Emmett J). The state has a public responsibility to ensure that its agreement to the order proposed is in the interests of the community it represents and there is a sufficient basis for concluding that the proposed determination is capable of satisfying the requirements of s 225 of the Act:
Davey on behalf of the Mayala #2 Native Title Claim Group v State of Western
Australia [2019] FCA 1137 at [18] (Bromberg J).
The Court is not required to embark upon an inquiry as to the merits of the claim to satisfy itself that the orders are supported and in accordance with law: Cox on behalf of the Yungngora People v State of Western Australia [2007] FCA 588 at [3] (French J). The Court will, however, consider evidence for the limited purpose of determining whether the state has made a rational decision and is acting in good faith: Munn at [29]-[30].
In Jones on behalf of the Yinhawangka People v State of Western Australia [2017] FCA 801, Bromberg J stated at [45]-[46] that in determining whether the requirements in s 87(2) of the Act have been met, the Court would need to have an understanding of the process that led to the agreement and, in particular, how the state or territory went about assessing the underlying evidence as to the existence of native title, which would require the Court to consider whether:
(a) the parties have independent and competent legal representation: Munn at [29]; Lovett at [39]-[40]; (b) the terms of the proposed order are “unambiguous and certain as to the rights declared”: Munn at [32]; and
(c)
the agreement has been preceded by a mediation process: Nangkiriny at [6]; Trevor Close on behalf of the Githabul People v Minister for Lands [2007] FCA 1847 at [6] (Branson J); Lovett at [41]-[42].
(Emphasis omitted.)
With respect to the interests of the community which the State represents, Mortimer J (as
her Honour then was) explained in Agius v State of South Australia (No 6) [2018] FCA 358
at [72]:
The State comes to an agreement under s 87 or s 87A only after discharging its public responsibilities to ensure the agreement is in the interests of the community it represents. The indigenous people of South Australia are of course part of the community whose interests the State considers. As Jagot J said in Yaegl #2 at [16]:
it would be wrong to conceive of the State’s duty as one of protecting the
public interest as if the public interest excluded the legitimate interests of native title claimants; claimants are part of the community for which the State is responsible and to whom it owes its duties and to conceive of the public interest as if it were in opposition to native title rights and interests is contrary to the provisions of the NTA, particularly the stated object in the Preamble.
In their joint submissions, the Applicant and the State submit that it is appropriate that the Court
make a determination in the terms annexed to the Section 87 Agreement on the following basis:
(a) the Applicant and the Attorney have been legally represented throughout the proceeding; (b) the Attorney engaged in an independent, arms-length assessment of the connection material provided by the Applicant and ultimately concluded that the material was sufficient to commence negotiations for an agreement to resolve the proceeding under the Native Title Act; (c) the Application has been subject to Court-annexed mediation, giving the Court oversight of the proceedings, the engagement of the parties and their consideration of the materials; (d) the Attorney conducted searches of land tenure which has resulted an agreement as to where native title exists and where native title has been extinguished; (e) the proposed determination sets out a description of the nature and extent of the native title rights and interests and “other interests” in relation to the
proceedings in compliance with section 225 of the Native Title Act;
(f)
the Applicant and the Attorney have entered into the agreement under section 87 of the Native Title Act freely and on an informed basis;
(g)
the Licences ILUA and the Brewarrina Common ILUA are important elements of the compromise between the Applicant and the Attorney. The resolution of this proceeding by agreement has also allowed the parties to reach agreement on other matters of importance.
(Citations omitted.)
Having regard to these matters and the materials filed before the Court, I am satisfied that the
State, acting on behalf of the broader community, including the Ngemba, Ngiyampaa, Wangaaypuwan and Wayilwan People, has been actively involved in the proceeding and has a
proper basis for being satisfied that there is a credible basis for the consent determination. The
State has clearly reached a carefully considered view before agreeing to the Section 87
Agreement. I am, therefore, satisfied that the orders sought are appropriate.
6. NOMINATION OF A PRESCRIBED BODY CORPORATE
If the Court proposes to make an approved determination of native title, the Court must also
make a determination of “whether the native title is to be held in trust, and, if so, by whom” at
the same time or as soon as practicable thereafter: ss 55 and 56(1) of the Act. Section 56(2)
relevantly sets out the steps the Court must take in making the determination, including:
(a) first, it must request a representative of the persons it proposes to include in the determination of native title as the native title holders (the common law holders) to indicate whether the common law holders intend to have the native title held in trust by:
(i) nominating, in writing given to the Federal Court within a specified period, a prescribed body corporate to be the trustee of the native title; and (ii) including with the nomination the written consent of the body corporate; and (b) secondly, if the common law holders give the nomination within the period, the Federal Court must determine that the prescribed body corporate is to hold the rights and interests from time to time comprising the native title in trust for the common law holders;…
(Emphasis in original.)
Under s 56(3), on the making of a determination under s 56(2)(b), “the prescribed body
corporate holds, in accordance with the regulations, the rights and interests from time to time
comprising the native title in trust for the common law holders”.
In her affidavit, Ms Vaughan deposes to the resolution passed by the Ngemba, Ngiyampaa,
Wangaaypuwan and Wayilwan native title claim group at a meeting on 22 April 2024 in the
following terms:
Resolution #10: Authorisation of any two members of the Applicant to be the representative of the Claim Group for the purpose of nominating a Prescribed Body Corporate to the Federal Court of Australia
The Ngemba, Ngiyampaa, Wangaaypuwan and Wayilwan People native title claim
group in native title determination application NSD38/2019 (‘NNWW Claim Group’)
authorise any two members of the Applicant to be the representative of the claim group for the purpose of indicating to the Federal Court of Australia that the NNWW Claim Group intends to have the native title held in trust by Ngemba, Ngiyampaa, Wangaaypuwan, Wayilwan Aboriginal Corporation (ICN 8322).
(Emphasis in original.)
In accordance with that resolution, two members of the Applicant signed the written document
confirming the nomination of the Ngemba, Ngiyampaa, Wangaaypuwan, Wayilwan Aboriginal
Corporation (ICN 8322) for the purposes of ss 56 and 57 of the Act.
On 22 April 2024, at a general members meeting of the Corporation, the following resolution
was also passed:
Resolution #3: Accepting the nomination of Ngemba, Ngiyampaa, Wangaaypuwan, Wayilwan Aboriginal Corporation (ICN 8322) to hold Ngemba, Ngiyampaa,
Wangaaypuwan and Wayilwan People’s native title rights and interests
The Members of Ngemba, Ngiyampaa, Wangaaypuwan, Wayilwan Aboriginal Corporation (ICN 8322) consent to its nomination, by a representative of the Ngemba, Ngiyampaa, Wangaaypuwan and Wayilwan People native title claim group in the native title determination application (NSD38/2019), to hold Ngemba, Ngiyampaa,
Wangaaypuwan and Wayilwan People’s (NNWW People) native title on trust for
NNWW People and to perform the functions of a Registered Native Title Body
Corporate.
The Members of Ngemba, Ngiyampaa, Wangaaypuwan, Wayilwan Aboriginal
Corporation understand that the Corporation will hold NNWW People’s native title on
trust for NNWW People and perform the functions of a Registered Native Title Body Corporate when the Ngemba, Ngiyampaa, Wangaaypuwan and Wayilwan People native title determination takes effect.
The Members of Ngemba, Ngiyampaa, Wangaaypuwan, Wayilwan Aboriginal Corporation authorise any two of its directors to provide written consent reflecting this decision to the Applicant for the Ngemba, Ngiyampaa, Wangaaypuwan and Wayilwan People native title determination application (NSD38/2019) and to the Federal Court of Australia.
In accordance with that resolution, two directors of the Corporation executed a statement which
confirmed that the Corporation:
(1) accepted the nomination; and (2) consented to holding the Ngemba, Ngiyampaa, Wangaaypuwan and Wayilwan People’s native title in trust for the common law holders, and to performing the
functions of a Registered Native Title Body Corporate set out in s 57(1) of the Act and
the Native Title (Prescribed Bodies Corporate) Regulations 1999 (Cth).
As a result, I am required by s 56(2)(b) of the Act to make the orders appointing the Corporation
to undertake the roles and perform the functions specified in the determination.
7. CONCLUSION
I am satisfied that the requirements of the Act are met, and that it is appropriate that the orders
and the determination of native title proposed by the parties should be made.
While this determination has been made on the papers, it marks an event of great significance
in recognising the native title rights and interests of the Ngemba, Ngiyampaa, Wangaaypuwan
and Wayilwan People. These rights and interests are not conferred by the Act or by this consent
determination. Rather, the consent determination formally recognises that the rights and
interests of the Ngemba, Ngiyampaa, Wangaaypuwan and Wayilwan People have always
existed and continue to exist today.
The Court warmly congratulates the parties, their legal representatives, the Native Title
Registrars and all who have contributed to the conclusion of the Section 87 Agreement, and
acknowledges their hard work over many years to reach this milestone.
I certify that the preceding sixty-two (62) numbered paragraphs are a true copy of the Reasons for Judgment of
the Honourable Justice Perry.
Associate:
Dated: 14 August 2024 SCHEDULE OF PARTIES
NSD 38 of 2019
Applicants
Second Applicant: GRACE GORDON Third Applicant: PHILLIP SULLIVAN Fourth Applicant: DANIELLA CHEDZEY Fifth Applicant: JOHN SHIPP Sixth Applicant: DANIELLE FLAKELAR CARNEY Seventh Applicant: RAYMOND THOMPSON Eighth Applicant: DAVID CLARKE Ninth Applicant: JAYE LEE SNOWDEN Tenth Applicant: PETER HARRIS Eleventh Applicant: PEARL HARRIS Twelfth Applicant: DENNIS RANKMORE Thirteenth Applicant: JOSEPHINE (JOSIE) WINSOR Respondents Second Respondent: COMMONWEALTH OF AUSTRALIA Fourth Respondent: BREWARRINA LOCAL ABORIGINAL LAND
COUNCILFifth Respondent: COBAR LOCAL ABORIGINAL LAND COUNCIL Sixth Respondent: CONDOBOLIN LOCAL ABORIGINAL LAND
COUNCILSeventh Respondent: COONAMBLE LOCAL ABORIGINAL LAND
COUNCILEighth Respondent: GILGANDRA LOCAL ABORIGINAL LAND COUNCIL Tenth Respondent: MURRIN BRIDGE LOCAL ABORIGINAL LAND
COUNCILEleventh Respondent: NEW SOUTH WALES ABORIGINAL LAND COUNCIL Twelfth Respondent: NORTH WEST LAND CORPORATION ACN 163 612
351Thirteenth Respondent: NTSCORP LIMITED Fourteenth Respondent: NULLA NULLA LOCAL ABORIGINAL LAND
COUNCILFifteenth Respondent: NYNGAN LOCAL ABORIGINAL LAND COUNCIL Sixteenth Respondent: WALGETT LOCAL ABORIGINAL LAND COUNCIL Seventeenth Respondent: WARREN MACQUARIE LOCAL ABORIGINAL LAND
COUNCILEighteenth Respondent: WEILWAN LOCAL ABORIGINAL LAND COUNCIL Nineteenth Respondent: A.H. WISE PASTORAL CO PTY LIMITED Twenty Fourth Respondent: HE KATER AND SON PASTORAL CO PTY LTD Twenty Fifth Respondent: M M WOODLOCK PTY LIMITED Twenty Sixth Respondent: FRANK JOHN MCKILLOP Thirty First Respondent: T.L. AND A.L. FISHPOOL Thirty Fourth Respondent: RICHARD JOHN WOODLOCK Thirty Fifth Respondent: VIRGINIA ANNE WOODLOCK Thirty Eighth Respondent: COBAR MANAGEMENT PTY LTD Thirty Ninth Respondent: COBAR OPERATIONS PTY LTD Forty First Respondent: PEAK GOLD MINES PTY LIMITED Forty Second Respondent: TRIAKO RESOURCES PTY LTD Forty Third Respondent: TRITTON RESOURCES PTY LTD Forty Seventh Respondent: KILFENORA PASTORAL CO PTY LIMITED Fiftieth Respondent: CHRISTOPHER GERARD NOONAN Fifty First Respondent: THE ROTO PASTORAL COMPANY PTY LTD Fifty Second Respondent: TELSTRA CORPORATION LIMITED Fifty Third Respondent: BOBADAH PUBLIC HALL TRUST Fifty Fourth Respondent: GERARD IAN GLOVER Fifty Fifth Respondent: AMPLITEL PTY LTD Fifty Sixth Respondent: CERTANE CT PTY LTD
1