Wyman on behalf of the Bidjara People v State of Queensland (No 4)
[2014] FCA 93
•21 February 2014
FEDERAL COURT OF AUSTRALIA
Wyman on behalf of the Bidjara People v State of Queensland (No 4) [2014] FCA 93
Citation: Wyman on behalf of the Bidjara People v State of Queensland (No 4) [2014] FCA 93 Parties: KEVIN ALBURY AND OTHERS ON BEHALF OF THE KARINGBAL PEOPLE #2, BRENDAN WYMAN AND OTHERS ON BEHALF OF THE BIDJARA PEOPLE, CHARLES STAPLETON AND OTHERS ON BEHALF OF THE BROWN RIVER PEOPLE, CHARLES STAPLETON AND OTHERS ON BEHALF OF THE BROWN RIVER PEOPLE #2 and KEVIN ALBURY AND OTHERS ON BEHALF OF THE KARINGBAL PEOPLE #3 v STATE OF QUEENSLAND AND OTHERS File number(s): QUD 23 of 2006
QUD 216 of 2008
QUD 245 of 2011
QUD 301 of 2012
QUD 310 of 2012Judge: JAGOT J Date of judgment: 21 February 2014 Catchwords: NATIVE TITLE – determination Legislation: Native Title Act 1993 (Cth) Cases cited: Wyman on behalf of the Bidjara People v State of Queensland (No 2) [2013] FCA 1229
Wyman on behalf of the Bidjara People v State of Queensland (No 3) [2014] FCA 8Date of hearing: Determined on the papers Place: Sydney Division: GENERAL DIVISION Category: Catchwords Number of paragraphs: 4 Counsel for the Bidjara Applicants: Raymond Robinson appeared for the Bidjara People Counsel for the Karingbal Applicants: Darren McLeod appeared for the Karingbal People Counsel for the Brown River People Applicants: J Waters with T Jowett Solicitor for the Brown River People Applicants: Robert Powrie Counsel for the Respondent: H Bowskill QC with A Preston Solicitor for the Respondent: Crown Law
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY
GENERAL DIVISION
QUD 23 of 2006
BETWEEN: KEVIN ALBURY AND OTHERS ON BEHALF OF THE KARINGBAL PEOPLE #2
ApplicantAND: STATE OF QUEENSLAND AND OTHERS
Respondent
JUDGE:
JAGOT J
DATE OF ORDER:
21 FEBRUARY 2014
WHERE MADE:
SYDNEY
THE COURT ORDERS THAT:
1.Pursuant to section 225 of the Native Title Act 1993 (Cth), native title does not exist in relation to any part of the land or waters the subject of this proceeding, as described in the attached schedule.
2.There be no order as to costs.
Note:Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
Schedule 1 - Determination Area
A. The Determination Area comprises all of the land and waters described in Part 1 below, to the extent that they are within the external boundary description as described in Part 2 below.
Part 1 - Areas where native title does not exist
Area No. Area Description 1. Lot 5021 on Plan PH360 - Rewan 2. Lot 5028 on Plan PH252 - Rewan 3. Lot 1 on Plan SP105325 - Consuelo 4. Lot 1 on Plan SP187949 - Albinia 5. Lot 1 on Plan SP164061 - Albinia 6. Lot 4 on Plan CUE100 - Consuelo 7. Lot 5 on Plan CUE99 - Consuelo 8. That part of Lot 6 on Plan WT800342 that is within the external boundary - Upper Dawson 9. Lot 7 on Plan SP106035 - Consuelo 10. Lot 11 on Plan CUE98 - Rewan 11. That part of Lot 13 on Plan DSN725 that is within the external boundary - Orion 12. Lot 14 on Plan CUE92 - Arcadia Valley 13. Lot 15 on Plan CUE93 - Arcadia Valley 14. That part of Lot 17 on Plan SP228375 that is within the external boundary - Glenhaughton 15. Lot 19 on Plan DSN956 - Wealwandangie 16. Lot 60 on Plan SP106044 - Consuelo 17. Lot 754 on Plan PH1775 - Consuelo 18. That part of Lot 3123 on Plan PH617 that is within the external boundary - Upper Dawson 19. Lot 3307 on Plan PH793 - Consuelo 20. Lot 3995 on Plan PH100 - Wealwandangie 21. Lot 4157 on Plan PH1509 - Rewan 22. Lot 5029 on Plan PH220 - Rewan 23. Lot 5055 on Plan PH977 - Albinia 24. Lot 1 on Plan CUE22 - Consuelo 25. Lot 3 on Plan CUE88 - Consuelo 26. Lot 4 on Plan CUE27 - Consuelo 27. Lot 4 on Plan TR54 - Rewan 28. Lot 7 on Plan CUE30 - Consuelo 29. Lot 7 on Plan TR29 - Rewan 30. Lot 7 on Plan TR32 - Arcadia Valley 31. That part of Lots 567 and 158 on Plan NPW881 that is within the external boundary - Albinia. 32. Lot 8 on Plan TR31 - Arcadia Valley 33. That part of Lot 9 on Plan TR21 that is within the external boundary - Arcadia Valley 34. Lot 9 on Plan WT321 - Carnarvon Park 35. Lot 10 on Plan TR8 - Arcadia Valley 36. Lot 11 on Plan CP864585 - Arcadia Valley 37. That part of Lot 71 on Plan SP151675 that is within the external boundary - Rolleston 38. That part of Lot 89 on Plan FTY1273 that is within the external boundary - Upper Dawson 39. Lot 1 on Plan SP147544 - Rewan 40. Lot 1 on Plan SP158690 - Albinia 41. Lot 1 on Plan WT206 - Carnarvon Park 42. Lot 3 on Plan SP125158 - Rewan 43. Lot 7 on Plan SP104423 - Albinia 44. Lot 11 on Plan FTY1709 - Rewan 45. Lot 11 on Plan TR10 - Arcadia Valley 46. Lot 12 on Plan CP864585 - Arcadia Valley 47. That part of Lot 14 on Plan DSN42 that is within the external boundary - Orion 48. Lot 15 on Plan FTY1668 - Rewan 49. Lot 15 on Plan WT102 - Beilba 50. That part of Lot 27 on Plan NPW826 that is within the external boundary - Beilba 51. Lot 56 on Plan NPW476 - Rewan 52. Lot 59 on Plan DSN415 - Albinia 53. Lot 160 on Plan FTY909 - Albinia 54. Lot 211 on Plan FTY1812 - Consuelo 55. That part of Lot 236 on Plan NPW490 that is within the external boundary - Mount Moffatt 56. Lot 2 on Plan SP158690 - Albinia 57. Lot 9 on Plan RP620058 - Albinia 58. Lot 7 on Plan AP15625 - Carnarvon Park 59. Lot 14 on Plan DN40131 - Rolleston 60. Lot 11 on Plan DSN116 - Wealwandangie 61. Lot 12 on Plan DSN116 - Cairdbeign 62. Lot 13 on Plan CUE94 - Arcadia Valley 63. Lot 13 on Plan DSN116 - Cairdbeign 64. Lot 14 on Plan DSN116 - Cairdbeign 65. That part of Lot 15 on Plan DSN145 that is within the external boundary - Cairdbeign 66. That part of Lot 16 on Plan DSN145 that is within the external boundary - Cairdbeign 67. That part of Lot 17 on Plan DSN145 that is within the external boundary - Cairdbeign 68. Lot 18 on Plan DSN210 - Albinia 69. Lot 1 on Plan DSN175 - Wealwandangie 70. Lot 1 on Plan TR50 - Arcadia Valley 71. Lot 1 on Plan TR63 - Rewan 72. Lot 2 on Plan CP860384 - Rewan 73. That part of Lot 2 on Plan CUE92 that is within the external boundary - Arcadia Valley 74. Lot 2 on Plan DSN175 - Wealwandangie 75. Lot 2 on Plan DSN590 - Albinia 76. Lot 2 on Plan SP164061 - Albinia 77. Lot 2 on Plan TR45 - Arcadia Valley 78. Lot 3 on Plan CUE76 - Rewan 79. Lot 3 on Plan DSN175 - Wealwandangie 80. Lot 3 on Plan DSN590 - Albinia 81. Lot 4 on Plan CUE59 - Albinia 82. Lot 4 on Plan CUE89 - Rewan 83. That part of Lot 4 on Plan DSN116 that is within the external boundary - Wealwandangie 84. Lot 5 on Plan TR62 - Rewan 85. That part of Lot 5 on Plan WT383 that is within the external boundary - Upper Dawson 86. Lot 6 on Plan CUE54 - Consuelo 87. Lot 6 on Plan CUE86 - Consuelo 88. Lot 6 on Plan CUE96 - Consuelo 89. Lot 6 on Plan DSN116 - Wealwandangie 90. Lot 6 on Plan DSN175 - Wealwandangie 91. That part of Lot 7 on Plan CUE49 that is within the external boundary - Consuelo 92. Lot 7 on Plan DSN592 - Albinia 93. That part of Lot 8 on Plan DSN42 that is within the external boundary - Orion 94. Lot 9 on Plan CUE53 - Consuelo 95. Lot 9 on Plan CUE90 - Rewan 96. Lot 9 on Plan DSN116 - Wealwandangie 97. That part of Lot 9 on Plan TR17 that is within the external boundary - Arcadia Valley 98. That part of Lot 54 on Plan DSN316 that is within the external boundary - Orion 99. That part of Lot 5 on Plan TR18 that is within the external boundary - Arcadia Valley 100. That part of Lot 6 on Plan TR20 that is within the external boundary - Arcadia Valley 101. That part of Lot 1 on Plan CUE5 that is within the external boundary - Consuelo 102. That part of Lots 1 and 2 on Plan SP187945 that is within the external boundary - Albinia 103. Lot 1 on Plan DSN887 - Albinia 104. Lot 1 on Plan RP612604 - Rolleston 105. Lot 1 on Plan RP618664 - Orion 106. That part of Lots 1 and 2 on Plan SP187944 that is within the external boundary - Albinia 107. Lot 1 on Plan SP151675 - Rolleston 108. Lot 1 on Plan SP164068 - Albinia 109. Lot 1 on Plan SP174071 - Albinia 110. Lot 1 on Plan TR25 - Rewan 111. Lot 1 on Plan TR8 - Arcadia Valley 112. Lots 1 and 2 on Plan SP206071 - Consuelo 113. Lot 2 on Plan CUE79 - Rewan 114. Lot 2 on Plan RP612604 - Rolleston 115. Lot 2 on Plan RP616045 - Albinia 116. Lot 2 on Plan RP618664 - Albinia 117. Lot 2 on Plan SP125158 - Rewan 118. Lot 2 on Plan SP174071 - Albinia 119. Lot 2 on Plan TR13 - Arcadia Valley 120. Lots 1 and 2 on Plan SP200046 - Arcadia Valley 121. Lot 2 on Plan TR30 - Arcadia Valley 122. Lot 3 on Plan CUE112 - Rewan 123. Lot 3 on Plan CUE74 - Rewan 124. Lot 3 on Plan SP100437 - Consuelo 125. That part of Lot 3 on Plan SP109939 that is within the external boundary - Coorumbene 126. That part of Lot 3 on Plan SP116480 that is within the external boundary - Albinia 127. Lot 3 on Plan SP170740 - Albinia 128. Lot 3 on Plan TR12 - Arcadia Valley 129. That part of Lot 3 on Plan TR21 that is within the external boundary - Arcadia Valley 130. Lot 3 on Plan TR31 - Arcadia Valley 131. Lot 3 on Plan TR35 - Arcadia Valley 132. Lot 4 on Plan CUE75 - Rewan 133. Lot 4 on Plan RP617701 - Albinia 134. Lot 4 on Plan SP170740 - Albinia 135. That part of Lot 4 on Plan TR16 that is within the external boundary - Beilba 136. Lot 4 on Plan TR26 - Arcadia Valley 137. Lot 4 on Plan TR32 - Arcadia Valley 138. Lot 4 on Plan TR7 - Arcadia Valley 139. That part of Lot 4 on Plan WT323 that is within the external boundary - Upper Dawson 140. Lot 5 on Plan CUE31 - Consuelo 141. That part of Lots 5 and 8 on Plan SP210545 that is within the external boundary - Coorumbene 142. That part of Lot 5 on Plan CUE50 that is within the external boundary - Arcadia Valley 143. Lot 5 on Plan DSN956 - Wealwandangie 144. Lot 5 on Plan RP617702 - Albinia 145. Lot 5 on Plan TR10 - Arcadia Valley 146. Lot 5 on Plan TR27 - Arcadia Valley 147. Lot 5 on Plan TR33 - Arcadia Valley 148. That part of Lot 6 on Plan CUE36 that is within the external boundary - Arcadia Valley 149. That part of Lot 6 on Plan TR11 that is within the external boundary - Arcadia Valley 150. Lot 6 on Plan TR28 - Arcadia Valley 151. Lot 6 on Plan TR34 - Arcadia Valley 152. Lot 7 on Plan DSN116 - Wealwandangie 153. Lot 7 on Plan RP617701 - Albinia 154. That part of Lot 7 on Plan SP187946 - Albinia 155. That part of Lot 7 on Plan TR22 that is within the external boundary - Arcadia Valley 156. That part of Lot 7 on Plan TR39 that is within the external boundary - Arcadia Valley 157. That part of Lot 8 on Plan CUE38 that is within the external boundary - Arcadia Valley 158. That part of Lot 8 on Plan SP210545 that is within the external boundary - Coorumbene 159. Lot 8 on Plan DSN116 - Wealwandangie 160. Lot 8 on Plan RP617702 - Albinia 161. Lot 8 on Plan SP100437 - Consuelo 162. That part of Lot 8 on Plan TR15 that is within the external boundary - Arcadia Valley 163. That part of Lot 9 on plan CUE39 that is within the external boundary - Arcadia Valley 164. That part of Lots 8 and 9 on Plan SP210545 that is within the external boundary - Coorumbene 165. Lot 9 on Plan RP617702 - Albinia 166. Lot 10 on Plan CUE87 - Rewan 167. Lot 10 on Plan DSN116 - Wealwandangie 168. Lot 10 on Plan RP617702 - Albinia 169. That part of Lot 11 on Plan DN40132 that is within the external boundary - Albinia 170. Lot 11 on Plan RP617702 - Albinia 171. Lot 12 on Plan RP616044 - Albinia 172. That part of Lot 12 on Plan SP101671 that is within the external boundary - Albinia 173. That part of Lot 13 on Plan DN40131 that is within the external boundary - Rolleston 174. Lot 13 on Plan RP616044 - Albinia 175. Lot 14 on Plan TR39 - Arcadia Valley 176. That part of Lot 15 on Plan DSN500 that is within the external boundary - Orion 177. Lot 15 on Plan TR44 - Arcadia Valley 178. That part of Lot 16 on Plan DN40142 that is within the external boundary - Albinia 179. That part of Lot 16 on Plan SP138519 that is within the external boundary - Orion 180. Lot 17 on Plan SP188169 - Orion 181. Lot 18 on Plan SP188169 - Orion 182. Lot 19 on Plan DSN860 - Orion 183. Lot 22 on Plan DSN92 - Rolleston 184. Lot 23 on Plan DSN92 - Rolleston 185. Lot 24 on Plan DSN92 - Rolleston 186. That part of Lot 26 on Plan DSN132 that is within the external boundary - Rolleston 187. Lot 36 on Plan DSN157 - Rolleston 188. Lot 39 on Plan DSN65 - Rolleston 189. Lot 42 on Plan DSN65 - Rolleston 190. Lot 45 on Plan DSN128 - Rolleston 191. Lot 47 on Plan DSN99 - Rolleston 192. Lot 48 on Plan DSN82 - Rolleston 193. Lot 49 on Plan DSN82 - Rolleston 194. Lot 50 on Plan DSN82 - Rolleston 195. That part of Lot 51 on Plan DSN520 that is within the external boundary - Orion 196. That part of Lot 55 on Plan DSN318 that is within the external boundary - Albinia 197. That part of Lot 56 on Plan DSN808 that is within the external boundary - Albinia 198. All waters forming part of a lot on plan, all waterways, natural lakes, creeks and rivers within the external boundary including, but not limited to: Aldabaran Creek, Brown River, Canopus Creek, Carnarvon Creek, Comet River, Consuelo Creek, Lake Nuga Nuga, Meteor Creek, Panorama Creek, Peawaddy Creek and Stony Creek. Part 2 - External boundary
Commencing at the intersection of the southern boundary of the Dawson Highway road reserve and a south western bank of the Comet River at Rolleston and extending generally south easterly along banks of that river and banks of Clematis Creek to the intersection of that creek and the south western boundary of Lot 1 on CUE95 (Deep Creek Holding); then generally south easterly along that lot boundary to Longitude 148.860896° East; then generally southerly through the following coordinate points:
Longitude
(East)Latitude
(South)148.861020 24.931195 148.861457 24.959533 148.861833 24.983918 148.857183 25.016264 148.857690 25.049218 148.852964 25.076953 148.852653 25.104643 148.853080 25.132325 148.853363 25.150780 148.858072 25.158463 148.866209 25.171742 148.869708 25.207305 148.870035 25.228397 148.862562 25.269350 148.861043 25.314196 148.861594 25.349792 148.862093 25.382093 148.857352 25.413289 148.835952 25.447101 148.825396 25.455471 148.800085 25.475540 Then south westerly to along a line to Longitude 148.799268° East, Latitude 25.476188° South to its intersection with the northern bank of the Dawson River; then generally westerly and generally northerly along banks of that river to its headwaters at Longitude 148.522580° East, Latitude 25.248430° South; then north westerly to the ridgeline of the Carnarvon Range at Longitude 148.516363° East, Latitude 25.243812° South, being a point on QUD245/11 Brown River People (QC2011/004); then generally westerly and generally north westerly along that ridgeline to a point on QUD245/11 Brown River People (QC2011/004) at Latitude 25.164871° South, being a corner of Lot 236 on NPW490 (Carnarvon National Park); then generally north westerly along boundaries of that lot to Latitude 25.127659° South; being a point on the ridgeline of Carnarvon Range; then extending north westerly along boundaries of that lot and that ridgeline to the northernmost point of Lot 3453 on PH1102 (Saddler Pastoral Holding); then generally north westerly again along the ridgeline of the Carnarvon Range to Latitude 24.927077° South, then northerly to Longitude 148.063117° East, Latitude 24.924536° South, again to a point on QUD245/11 Brown River People (QC2011/004); then north westerly to the ridgeline of the Carnarvon Range at Latitude 24.923184° South, and generally north westerly along that ridgeline to a corner on a southern boundary of Lot A on DSN939 (Special Lease 48788) at Longitude 147.951526° East; then generally north westerly, generally north easterly and again north westerly along boundaries of that lot, north western boundaries of Lot 754 on PH1775 (Deepdale Pastoral Holding), eastern boundaries of Lot 9 on DSN969 and western boundaries of Lot 3 on DSN175 to its westernmost northern corner; then generally northerly to and along western boundaries of Lots 10, 8 and 7 on DSN116, Lot 5 on DSN956 and Lot 4 on DSN116 to the north western corner of that lot; then north easterly to the headwaters of a tributary of Orion Creek at Longitude 148.148900° East, Latitude 24.287240° South; then generally easterly and generally north easterly along eastern banks of that tributary and eastern banks of Orion Creek to a southern boundary of native title determination application QUD644/2012 - Bidjara #7 (QC2012/018) at Longitude 148.337920° East; then generally south easterly passing through the following coordinate points:
Longitude (East) Latitude (South) 148.350965 24.266056 148.384863 24.291518 148.423925 24.319570 148.474045 24.353457 148.512468 24.385442 148.544269 24.412861 148.574546 24.434354 148.615167 24.462341
Then westerly to the western bank of the Comet River at Latitude 24.462483° South; then generally south easterly along banks of that river back to the commencement point.
Excluding all land and waters subject to:
·Native title determination application QUD301/2012 Brown River People #2 (QC2012/005); and
·Native title determination application QUD310/2012 Karingbal People #3 (QC2012/006).
Data Reference and source
· Native title determination application QUD245/2011 Brown River People (QC2011/004) as filed in the Federal Court 29th August 2011.
· Native title determination application QUD644/2012 Bidjara People #7 (QC2012/018) as accepted for registration 24th January 2013.
· Native title determination application QUD301/2012 Brown River People #2 (QC2012/005) as filed in the Federal Court 13th July 2012.
· Native title determination application QUD310/2012 Karingbal People #3 (QC2012/006) as filed in the Federal Court 27th June 2012.
· Cadastral data sourced from Dept. of Natural Resources & Mines, Qld (January 2014).
· Rivers and creeks based, where possible, on cadastre data sourced from Dept of Natural Resources & Mines, Qld (January 2014). Elsewhere, rivers and creeks based on 1:250,000 topographic vector data © Commonwealth of Australia (Geoscience Australia) 2003.
· Carnarvon Range ridgeline referenced to the Queensland Basin Sub Areas 1:100,000, Department of Natural Resources and Mines, 2011.
Reference datum
Geographical coordinates have been provided are referenced to the Geocentric Datum of Australia
1994 (GDA94), in decimal degrees and are based on the spatial reference data acquired from the various custodians at the time.
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY
GENERAL DIVISION
QUD 216 of 2008
BETWEEN: BRENDAN WYMAN AND OTHERS ON BEHALF OF THE BIDJARA PEOPLE
Applicant
AND: STATE OF QUEENSLAND AND OTHERS
Respondent
JUDGE:
JAGOT J
DATE OF ORDER:
21 FEBRUARY 2014
WHERE MADE:
SYDNEY
THE COURT ORDERS THAT:
1. Pursuant to section 225 of the Native Title Act 1993 (Cth), native title does not exist in relation to any part of the land or waters the subject of this proceeding, as described in the attached schedule.
2.There be no order as to costs.
Note:Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
Schedule 1 - Determination Area
A. The Determination Area comprises all of the land and waters described in Part 1 below, to the extent that they are within the external boundary description as described in Part 2 below.
Part 1 - Areas where native title does not exist
Area No. Area Description 1. Lot 5021 on Plan PH360 – Rewan 2. Lot 5028 on Plan PH252 - Rewan 3. Lot 1 on Plan SP105325 - Consuelo 4. Lot 1 on Plan SP187949 – Albinia 5. Lot 1 on Plan SP164061 – Albinia 6. Lot 4 on Plan CUE100 - Consuelo 7. Lot 5 on Plan CUE99 - Consuelo 8. That part of Lot 6 on Plan WT800342 that is within the external boundary - Upper Dawson 9. Lot 7 on Plan SP106035 - Consuelo 10. Lot 11 on Plan CUE98 - Rewan 11. That part of Lot 13 on Plan DSN725 that is within the external boundary - Orion 12. Lot 14 on Plan CUE92 - Arcadia Valley 13. Lot 15 on Plan CUE93 - Arcadia Valley 14. That part of Lot 17 on Plan SP228375 that is within the external boundary – Glenhaughton 15. Lot 19 on Plan DSN956 - Wealwandangie 16. Lot 60 on Plan SP106044 - Consuelo 17. Lot 754 on Plan PH1775 - Consuelo 18. That part of Lot 3123 on Plan PH617 that is within the external boundary - Upper Dawson 19. Lot 3307 on Plan PH793 - Consuelo 20. Lot 3995 on Plan PH100 - Wealwandangie 21. Lot 4157 on Plan PH1509 - Rewan 22. Lot 5029 on Plan PH220 - Rewan 23. Lot 5055 on Plan PH977 - Albinia 24. Lot 1 on Plan CUE22 - Consuelo 25. Lot 3 on Plan CUE88 - Consuelo 26. Lot 4 on Plan CUE27 - Consuelo 27. Lot 4 on Plan TR54 - Rewan 28. Lot 7 on Plan CUE30 - Consuelo 29. Lot 7 on Plan TR29 - Rewan 30. Lot 7 on Plan TR32 - Arcadia Valley 31. That part of Lots 567 and 158 on Plan NPW881 that is within the external boundary – Albinia 32. Lot 8 on Plan TR31 - Arcadia Valley 33. That part of Lot 9 on Plan TR21 that is within the external boundary - Arcadia Valley 34. Lot 9 on Plan WT321 - Carnarvon Park 35. Lot 10 on Plan TR8 - Arcadia Valley 36. Lot 11 on Plan CP864585 - Arcadia Valley 37. That part of Lot 71 on Plan SP151675 that is within the external boundary – Rolleston 38. That part of Lot 89 on Plan FTY1273 that is within the external boundary - Upper Dawson 39. Lot 1 on Plan SP147544 - Rewan 40. Lot 1 on Plan SP158690 - Albinia 41. Lot 1 on Plan WT206 - Carnarvon Park 42. Lot 3 on Plan SP125158 - Rewan 43. Lot 7 on Plan SP104423 - Albinia 44. Lot 11 on Plan FTY1709 - Rewan 45. Lot 11 on Plan TR10 - Arcadia Valley 46. Lot 12 on Plan CP864585 - Arcadia Valley 47. That part of Lot 14 on Plan DSN42 that is within the external boundary - Orion 48. Lot 15 on Plan FTY1668 - Rewan 49. Lot 15 on Plan WT102 - Beilba 50. That part of Lot 27 on Plan NPW826 that is within the external boundary - Beilba 51. Lot 56 on Plan NPW476 - Rewan 52. Lot 59 on Plan DSN415 - Albinia 53. Lot 160 on Plan FTY909 - Albinia 54. Lot 211 on Plan FTY1812 - Consuelo 55. That part of Lot 236 on Plan NPW490 that is within the external boundary - Mount Moffatt 56. Lot 2 on Plan SP158690 - Albinia 57. Lot 9 on Plan RP620058 - Albinia 58. Lot 7 on Plan AP15625 - Carnarvon Park 59. Lot 14 on Plan DN40131 - Rolleston 60. Lot 11 on Plan DSN116 - Wealwandangie 61. Lot 12 on Plan DSN116 - Cairdbeign 62. Lot 13 on Plan CUE94 - Arcadia Valley 63. Lot 13 on Plan DSN116 - Cairdbeign 64. Lot 14 on Plan DSN116 - Cairdbeign 65. That part of Lot 15 on Plan DSN145 that is within the external boundary - Cairdbeign 66. That part of Lot 16 on Plan DSN145 that is within the external boundary - Cairdbeign 67. That part of Lot 17 on Plan DSN145 that is within the external boundary - Cairdbeign 68. Lot 18 on Plan DSN210 - Albinia 69. Lot 1 on Plan DSN175 - Wealwandangie 70. Lot 1 on Plan TR50 - Arcadia Valley 71. Lot 1 on Plan TR63 - Rewan 72. Lot 2 on Plan CP860384 - Rewan 73. That part of Lot 2 on Plan CUE92 that is within the external boundary - Arcadia Valley 74. Lot 2 on Plan DSN175 - Wealwandangie 75. Lot 2 on Plan DSN590 - Albinia 76. Lot 2 on Plan SP164061- Albinia 77. Lot 2 on Plan TR45 - Arcadia Valley 78. Lot 3 on Plan CUE76 - Rewan 79. Lot 3 on Plan DSN175 - Wealwandangie 80. Lot 3 on Plan DSN590 - Albinia 81. Lot 4 on Plan CUE59 - Albinia 82. Lot 4 on Plan CUE89 - Rewan 83. That part of Lot 4 on Plan DSN116 that is within the external boundary - Wealwandangie 84. Lot 5 on Plan TR62 - Rewan 85. That part of Lot 5 on Plan WT383 that is within the external boundary - Upper Dawson 86. Lot 6 on Plan CUE54 - Consuelo 87. Lot 6 on Plan CUE86 - Consuelo 88. Lot 6 on Plan CUE96 - Consuelo 89. Lot 6 on Plan DSN116 - Wealwandangie 90. Lot 6 on Plan DSN175 - Wealwandangie 91. That part of Lot 7 on Plan CUE49 that is within the external boundary - Consuelo 92. Lot 7 on Plan DSN592 - Albinia 93. That part of Lot 8 on Plan DSN42 that is within the external boundary - Orion 94. Lot 9 on Plan CUE53 - Consuelo 95. Lot 9 on Plan CUE90 - Rewan 96. Lot 9 on Plan DSN116 - Wealwandangie 97. That part of Lot 9 on Plan TR17 that is within the external boundary - Arcadia Valley 98. That part of Lot 54 on Plan DSN316 that is within the external boundary - Orion 99. That part of Lot 5 on Plan TR18 that is within the external boundary - Arcadia Valley 100. That part of Lot 6 on Plan TR20 that is within the external boundary - Arcadia Valley 101. That part of Lot 1 on Plan CUE5 that is within the external boundary - Consuelo 102. That part of Lots 1 and 2 on Plan SP187945 that is within the external boundary - Albinia 103. Lot 1 on Plan DSN887 - Albinia 104. Lot 1 on Plan RP612604 - Rolleston 105. Lot 1 on Plan RP618664 - Orion 106. That part of Lots 1 and 2 on Plan SP187944 that is within the external boundary - Albinia 107. Lot 1 on Plan SP151675 - Rolleston 108. Lot 1 on Plan SP164068 - Albinia 109. Lot 1 on Plan SP174071 - Albinia 110. Lot 1 on Plan TR25 - Rewan 111. Lot 1 on Plan TR8 - Arcadia Valley 112. Lots 1 and 2 on Plan SP206071 - Consuelo 113. Lot 2 on Plan CUE79 - Rewan 114. Lot 2 on Plan RP612604 - Rolleston 115. Lot 2 on Plan RP616045 - Albinia 116. Lot 2 on Plan RP618664 - Albinia 117. Lot 2 on Plan SP125158 - Rewan 118. Lot 2 on Plan SP174071 - Albinia 119. Lot 2 on Plan TR13 - Arcadia Valley 120. Lots 1 and 2 on Plan SP200046 - Arcadia Valley 121. Lot 2 on Plan TR30 - Arcadia Valley 122. Lot 3 on Plan CUE112 - Rewan 123. Lot 3 on Plan CUE74 - Rewan 124. Lot 3 on Plan SP100437 - Consuelo 125. That part of Lot 3 on Plan SP109939 that is within the external boundary - Coorumbene 126. That part of Lot 3 on Plan SP116480 that is within the external boundary - Albinia 127. Lot 3 on Plan SP170740 - Albinia 128. Lot 3 on Plan TR12 - Arcadia Valley 129. That part of Lot 3 on Plan TR21 that is within the external boundary - Arcadia Valley 130. Lot 3 on Plan TR31 - Arcadia Valley 131. Lot 3 on Plan TR35 - Arcadia Valley 132. Lot 4 on Plan CUE75 - Rewan 133. Lot 4 on Plan RP617701 - Albinia 134. Lot 4 on Plan SP170740 - Albinia 135. That part of Lot 4 on Plan TR16 that is within the external boundary - Beilba 136. Lot 4 on Plan TR26 - Arcadia Valley 137. Lot 4 on Plan TR32 - Arcadia Valley 138. Lot 4 on Plan TR7 - Arcadia Valley 139. That part of Lot 4 on Plan WT323 that is within the external boundary - Upper Dawson 140. Lot 5 on Plan CUE31 - Consuelo 141. That part of Lots 5 and 8 on Plan SP210545 that is within the external boundary - Coorumbene 142. That part of Lot 5 on Plan CUE50 that is within the external boundary - Arcadia Valley 143. Lot 5 on Plan DSN956 - Wealwandangie 144. Lot 5 on Plan RP617702 - Albinia 145. Lot 5 on Plan TR10 - Arcadia Valley 146. Lot 5 on Plan TR27 - Arcadia Valley 147. Lot 5 on Plan TR33 - Arcadia Valley 148. That part of Lot 6 on Plan CUE36 that is within the external boundary - Arcadia Valley 149. That part of Lot 6 on Plan TR11 that is within the external boundary - Arcadia Valley 150. Lot 6 on Plan TR28 - Arcadia Valley 151. Lot 6 on Plan TR34 - Arcadia Valley 152. Lot 7 on Plan DSN116 - Wealwandangie 153. Lot 7 on Plan RP617701 - Albinia 154. That part of Lot 7 on Plan SP187946 - Albinia 155. That part of Lot 7 on Plan TR22 that is within the external boundary - Arcadia Valley 156. That part of Lot 7 on Plan TR39 that is within the external boundary - Arcadia Valley 157. That part of Lot 8 on Plan CUE38 that is within the external boundary - Arcadia Valley 158. That part of Lot 8 on Plan SP210545 that is within the external boundary - Coorumbene 159. Lot 8 on Plan DSN116 - Wealwandangie 160. Lot 8 on Plan RP617702 - Albinia 161. Lot 8 on Plan SP100437 - Consuelo 162. That part of Lot 8 on Plan TR15 that is within the external boundary - Arcadia Valley 163. That part of Lot 9 on plan CUE39 that is within the external boundary - Arcadia Valley 164. That part of Lots 8 and 9 on Plan SP210545 that is within the external boundary - Coorumbene 165. Lot 9 on Plan RP617702 - Albinia 166. Lot 10 on Plan CUE87 - Rewan 167. Lot 10 on Plan DSN116 - Wealwandangie 168. Lot 10 on Plan RP617702 - Albinia 169. That part of Lot 11 on Plan DN40132 that is within the external boundary - Albinia 170. Lot 11 on Plan RP617702 - Albinia 171. Lot 12 on Plan RP616044 - Albinia 172. That part of Lot 12 on Plan SP101671 that is within the external boundary - Albinia 173. That part of Lot 13 on Plan DN40131 that is within the external boundary - Rolleston 174. Lot 13 on Plan RP616044 - Albinia 175. Lot 14 on Plan TR39 - Arcadia Valley 176. That part of Lot 15 on Plan DSN500 that is within the external boundary - Orion 177. Lot 15 on Plan TR44 - Arcadia Valley 178. That part of Lot 16 on Plan DN40142 that is within the external boundary - Albinia 179. That part of Lot 16 on Plan SP138519 that is within the external boundary - Orion 180. Lot 17 on Plan SP188169 - Orion 181. Lot 18 on Plan SP188169 - Orion 182. Lot 19 on Plan DSN860 - Orion 183. Lot 22 on Plan DSN92 - Rolleston 184. Lot 23 on Plan DSN92 - Rolleston 185. Lot 24 on Plan DSN92 - Rolleston 186. That part of Lot 26 on Plan DSN132 that is within the external boundary - Rolleston 187. Lot 36 on Plan DSN157 - Rolleston 188. Lot 39 on Plan DSN65 - Rolleston 189. Lot 42 on Plan DSN65 - Rolleston 190. Lot 45 on Plan DSN128 - Rolleston 191. Lot 47 on Plan DSN99 - Rolleston 192. Lot 48 on Plan DSN82 - Rolleston 193. Lot 49 on Plan DSN82 - Rolleston 194. Lot 50 on Plan DSN82 - Rolleston 195. That part of Lot 51 on Plan DSN520 that is within the external boundary - Orion 196. That part of Lot 55 on Plan DSN318 that is within the external boundary - Albinia 197. That part of Lot 56 on Plan DSN808 that is within the external boundary - Albinia 198. Lot 7 on Plan SP103687 – Carnarvon Park 199. Lot 6 on Plan SP103687 – Carnarvon Park 200. Lot 8 on CUE78 – Carnarvon Park 201. All waters forming part of a lot on plan , all waterways, natural lakes, creeks and rivers within the external boundary, including but not limited to: Aldabaran Creek, Brown River, Canopus Creek, Carnarvon Creek, Comet River, Consuelo Creek, Lake Nuga Nuga, Meteor Creek, Mickey Creek, Panorama Creek, Peawaddy Creek and Stony Creek. Part 2 - External boundary
Commencing at the intersection of the southern boundary of the Dawson Highway road reserve and a south western bank of the Comet River at Rolleston and extending generally south easterly along banks of that river and banks of Clematis Creek to the intersection of that creek and the south western boundary of Lot 1 on CUE95 (Deep Creek Holding); then generally south easterly along that lot boundary to Longitude 148.860896° East; then generally southerly through the following coordinate points:
Longitude
(East)Latitude
(South)148.861020 24.931195 148.861457 24.959533 148.861833 24.983918 148.857183 25.016264 148.857690 25.049218 148.852964 25.076953 148.852653 25.104643 148.853080 25.132325 148.853363 25.150780 148.858072 25.158463 148.866209 25.171742 148.869708 25.207305 148.870035 25.228397 148.862562 25.269350 148.861043 25.314196 148.861594 25.349792 148.862093 25.382093 148.857352 25.413289 148.835952 25.447101 148.825396 25.455471 148.800085 25.475540 Then south westerly to along a line to Longitude 148.799268° East, Latitude 25.476188° South to its intersection with the northern bank of the Dawson River; then generally westerly and generally northerly along banks of that river to its headwaters at Longitude 148.522580° East, Latitude 25.248430° South; then north westerly to the ridgeline of the Carnarvon Range at Longitude 148.516363° East, Latitude 25.243812° South, being a point on QUD245/11 Brown River People (QC2011/004); then generally westerly and generally north westerly along that ridgeline to a point on QUD245/11 Brown River People (QC2011/004) at Latitude 25.164871° South, being a corner of Lot 236 on NPW490 (Carnarvon National Park); then generally north westerly along boundaries of that lot to Latitude 25.127659° South; being a point on the ridgeline of Carnarvon Range; then extending north westerly along boundaries of that lot and that ridgeline to the northernmost point of Lot 3453 on PH1102 (Saddler Pastoral Holding); then generally north westerly again along the ridgeline of the Carnarvon Range to Latitude 24.927077° South, then northerly to Longitude 148.063117° East, Latitude 24.924536° South, again to a point on QUD245/11 Brown River People (QC2011/004); then north westerly to the ridgeline of the Carnarvon Range at Latitude 24.923184° South, and generally north westerly along that ridgeline to a corner on a southern boundary of Lot A on DSN939 (Special Lease 48788) at Longitude 147.951526° East; then generally north westerly, generally north easterly and again north westerly along boundaries of that lot, north western boundaries of Lot 754 on PH1775 (Deepdale Pastoral Holding), eastern boundaries of Lot 9 on DSN969 and western boundaries of Lot 3 on DSN175 to its westernmost northern corner; then generally northerly to and along western boundaries of Lots 10, 8 and 7 on DSN116, Lot 5 on DSN956 and Lot 4 on DSN116 to the north western corner of that lot; then north easterly to the headwaters of a tributary of Orion Creek at Longitude 148.148900° East, Latitude 24.287240° South; then generally easterly and generally north easterly along eastern banks of that tributary and eastern banks of Orion Creek to a southern boundary of native title determination application QUD644/2012 - Bidjara #7 (QC2012/018) at Longitude 148.337920° East; then generally south easterly passing through the following coordinate points:
Longitude
(East)Latitude
(South)148.350965 24.266056 148.384863 24.291518 148.423925 24.319570 148.474045 24.353457 148.512468 24.385442 148.544269 24.412861 148.574546 24.434354 148.615167 24.462341
Then westerly to the western bank of the Comet River at Latitude 24.462483° South; then generally south easterly along banks of that river back to the commencement point.
Data Reference and source
· Native title determination application QUD245/2011 Brown River People (QC2011/004) as filed in the Federal Court 29th August 2011.
· Native title determination application QUD644/2012 Bidjara People #7 (QC2012/018) as accepted for registration 24th January 2013.
· Cadastral data sourced from Dept. of Natural Resources & Mines, Qld (January 2014).
· Rivers and creeks based, where possible, on cadastre data sourced from Dept of Natural Resources & Mines, Qld (January 2014). Elsewhere, rivers and creeks based on 1:250,000 topographic vector data © Commonwealth of Australia (Geoscience Australia) 2003.
· Carnarvon Range ridgeline referenced to the Queensland Basin Sub Areas 1:100,000, Department of Natural Resources and Mines, 2011.
Reference datum
Geographical coordinates have been provided are referenced to the Geocentric Datum of Australia
1994 (GDA94), in decimal degrees and are based on the spatial reference data acquired from the various custodians at the time.
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY
GENERAL DIVISION
QUD 245 of 2011
BETWEEN: CHARLES STAPLETON AND OTHERS ON BEHALF OF THE BROWN RIVER PEOPLE
ApplicantAND: STATE OF QUEENSLAND AND OTHERS
Respondent
JUDGE:
JAGOT J
DATE OF ORDER:
21 FEBRUARY 2014
WHERE MADE:
SYDNEY
THE COURT ORDERS THAT:
1. Pursuant to section 225 of the Native Title Act 1993 (Cth), native title does not exist in relation to any part of the land or waters the subject of this proceeding, as described in the attached schedule.
2.There be no order as to costs.
Note:Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
Schedule 1 - Determination Area
A. The Determination Area comprises all of the land and waters described in Part 1 below, to the extent that they are within the external boundary description as described in Part 2 below.
Part 1 - Areas where native title does not exist
Area No. Area Description 1. Lot 5021 on Plan PH360 - Rewan 2. Lot 5028 on Plan PH252 - Rewan 3. Lot 1 on Plan SP105325 - Consuelo 4. Lot 1 on Plan SP187949 - Albinia 5. Lot 1 on Plan SP164061 - Albinia 6. Lot 4 on Plan CUE100 - Consuelo 7. Lot 5 on Plan CUE99 - Consuelo 8. That part of Lot 6 on Plan WT800342 that is within the external boundary - Upper Dawson 9. Lot 7 on Plan SP106035 - Consuelo 10. Lot 11 on Plan CUE98 - Rewan 11. That part of Lot 13 on Plan DSN725 that is within the external boundary - Orion 12. Lot 14 on Plan CUE92 - Arcadia Valley 13. Lot 15 on Plan CUE93 - Arcadia Valley 14. That part of Lot 17 on Plan SP228375 that is within the external boundary - Glenhaughton 15. Lot 19 on Plan DSN956 - Wealwandangie 16. Lot 60 on Plan SP106044 - Consuelo 17. Lot 754 on Plan PH1775 - Consuelo 18. That part of Lot 3123 on Plan PH617 that is within the external boundary - Upper Dawson 19. Lot 3307 on Plan PH793 - Consuelo 20. Lot 3995 on Plan PH100 - Wealwandangie 21. Lot 4157 on Plan PH1509 - Rewan 22. Lot 5029 on Plan PH220 - Rewan 23. Lot 5055 on Plan PH977 - Albinia 24. Lot 1 on Plan CUE22 - Consuelo 25. Lot 3 on Plan CUE88 - Consuelo 26. Lot 4 on Plan CUE27 - Consuelo 27. Lot 4 on Plan TR54 - Rewan 28. Lot 7 on Plan CUE30 - Consuelo 29. Lot 7 on Plan TR29 - Rewan 30. Lot 7 on Plan TR32 - Arcadia Valley 31. That part of Lots 567 and 158 on Plan NPW881 that is within the external boundary - Albinia. 32. Lot 8 on Plan TR31 - Arcadia Valley 33. That part of Lot 9 on Plan TR21 that is within the external boundary - Arcadia Valley 34. Lot 9 on Plan WT321 - Carnarvon Park 35. Lot 10 on Plan TR8 - Arcadia Valley 36. Lot 11 on Plan CP864585 - Arcadia Valley 37. That part of Lot 71 on Plan SP151675 that is within the external boundary - Rolleston 38. That part of Lot 89 on Plan FTY1273 that is within the external boundary - Upper Dawson 39. Lot 1 on Plan SP147544 - Rewan 40. Lot 1 on Plan SP158690 - Albinia 41. Lot 1 on Plan WT206 - Carnarvon Park 42. Lot 3 on Plan SP125158 - Rewan 43. Lot 7 on Plan SP104423 - Albinia 44. Lot 11 on Plan FTY1709 - Rewan 45. Lot 11 on Plan TR10 - Arcadia Valley 46. Lot 12 on Plan CP864585 - Arcadia Valley 47. That part of Lot 14 on Plan DSN42 that is within the external boundary - Orion 48. Lot 15 on Plan FTY1668 - Rewan 49. Lot 15 on Plan WT102 - Beilba 50. That part of Lot 27 on Plan NPW826 that is within the external boundary - Beilba 51. Lot 56 on Plan NPW476 - Rewan 52. Lot 59 on Plan DSN415 - Albinia 53. Lot 160 on Plan FTY909 - Albinia 54. Lot 211 on Plan FTY1812 - Consuelo 55. That part of Lot 236 on Plan NPW490 that is within the external boundary - Mount Moffatt 56. Lot 2 on Plan SP158690 - Albinia 57. Lot 9 on Plan RP620058 - Albinia 58. Lot 7 on Plan AP15625 - Carnarvon Park 59. Lot 14 on Plan DN40131 - Rolleston 60. Lot 11 on Plan DSN116 - Wealwandangie 61. Lot 12 on Plan DSN116 - Cairdbeign 62. Lot 13 on Plan CUE94 - Arcadia Valley 63. Lot 13 on Plan DSN116 - Cairdbeign 64. Lot 14 on Plan DSN116 - Cairdbeign 65. That part of Lot 15 on Plan DSN145 that is within the external boundary - Cairdbeign 66. That part of Lot 16 on Plan DSN145 that is within the external boundary - Cairdbeign 67. That part of Lot 17 on Plan DSN145 that is within the external boundary - Cairdbeign 68. Lot 18 on Plan DSN210 - Albinia 69. Lot 1 on Plan DSN175 - Wealwandangie 70. Lot 1 on Plan TR50 - Arcadia Valley 71. Lot 1 on Plan TR63 - Rewan 72. Lot 2 on Plan CP860384 - Rewan 73. That part of Lot 2 on Plan CUE92 that is within the external boundary - Arcadia Valley 74. Lot 2 on Plan DSN175 - Wealwandangie 75. Lot 2 on Plan DSN590 - Albinia 76. Lot 2 on Plan SP164061 - Albinia 77. Lot 2 on Plan TR45 - Arcadia Valley 78. Lot 3 on Plan CUE76 - Rewan 79. Lot 3 on Plan DSN175 - Wealwandangie 80. Lot 3 on Plan DSN590 - Albinia 81. Lot 4 on Plan CUE59 - Albinia 82. Lot 4 on Plan CUE89 - Rewan 83. That part of Lot 4 on Plan DSN116 that is within the external boundary - Wealwandangie 84. Lot 5 on Plan TR62 - Rewan 85. That part of Lot 5 on Plan WT383 that is within the external boundary - Upper Dawson 86. Lot 6 on Plan CUE54 - Consuelo 87. Lot 6 on Plan CUE86 - Consuelo 88. Lot 6 on Plan CUE96 - Consuelo 89. Lot 6 on Plan DSN116 - Wealwandangie 90. Lot 6 on Plan DSN175 - Wealwandangie 91. That part of Lot 7 on Plan CUE49 that is within the external boundary - Consuelo 92. Lot 7 on Plan DSN592 - Albinia 93. That part of Lot 8 on Plan DSN42 that is within the external boundary - Orion 94. Lot 9 on Plan CUE53 - Consuelo 95. Lot 9 on Plan CUE90 - Rewan 96. Lot 9 on Plan DSN116 - Wealwandangie 97. That part of Lot 9 on Plan TR17 that is within the external boundary - Arcadia Valley 98. That part of Lot 54 on Plan DSN316 that is within the external boundary - Orion 99. That part of Lot 5 on Plan TR18 that is within the external boundary - Arcadia Valley 100. That part of Lot 6 on Plan TR20 that is within the external boundary - Arcadia Valley 101. That part of Lot 1 on Plan CUE5 that is within the external boundary - Consuelo 102. That part of Lots 1 and 2 on Plan SP187945 that is within the external boundary - Albinia 103. Lot 1 on Plan DSN887 - Albinia 104. Lot 1 on Plan RP612604 - Rolleston 105. Lot 1 on Plan RP618664 - Orion 106. That part of Lots 1 and 2 on Plan SP187944 that is within the external boundary - Albinia 107. Lot 1 on Plan SP151675 - Rolleston 108. Lot 1 on Plan SP164068 - Albinia 109. Lot 1 on Plan SP174071 - Albinia 110. Lot 1 on Plan TR25 - Rewan 111. Lot 1 on Plan TR8 - Arcadia Valley 112. Lots 1 and 2 on Plan SP206071 - Consuelo 113. Lot 2 on Plan CUE79 - Rewan 114. Lot 2 on Plan RP612604 - Rolleston 115. Lot 2 on Plan RP616045 - Albinia 116. Lot 2 on Plan RP618664 - Albinia 117. Lot 2 on Plan SP125158 - Rewan 118. Lot 2 on Plan SP174071 - Albinia 119. Lot 2 on Plan TR13 - Arcadia Valley 120. Lots 1 and 2 on Plan SP200046 - Arcadia Valley 121. Lot 2 on Plan TR30 - Arcadia Valley 122. Lot 3 on Plan CUE112 - Rewan 123. Lot 3 on Plan CUE74 - Rewan 124. Lot 3 on Plan SP100437 - Consuelo 125. That part of Lot 3 on Plan SP109939 that is within the external boundary - Coorumbene 126. That part of Lot 3 on Plan SP116480 that is within the external boundary - Albinia 127. Lot 3 on Plan SP170740 - Albinia 128. Lot 3 on Plan TR12 - Arcadia Valley 129. That part of Lot 3 on Plan TR21 that is within the external boundary - Arcadia Valley 130. Lot 3 on Plan TR31 - Arcadia Valley 131. Lot 3 on Plan TR35 - Arcadia Valley 132. Lot 4 on Plan CUE75 - Rewan 133. Lot 4 on Plan RP617701 - Albinia 134. Lot 4 on Plan SP170740 - Albinia 135. That part of Lot 4 on Plan TR16 that is within the external boundary - Beilba 136. Lot 4 on Plan TR26 - Arcadia Valley 137. Lot 4 on Plan TR32 - Arcadia Valley 138. Lot 4 on Plan TR7 - Arcadia Valley 139. That part of Lot 4 on Plan WT323 that is within the external boundary - Upper Dawson 140. Lot 5 on Plan CUE31 - Consuelo 141. That part of Lots 5 and 8 on Plan SP210545 that is within the external boundary - Coorumbene 142. That part of Lot 5 on Plan CUE50 that is within the external boundary - Arcadia Valley 143. Lot 5 on Plan DSN956 - Wealwandangie 144. Lot 5 on Plan RP617702 - Albinia 145. Lot 5 on Plan TR10 - Arcadia Valley 146. Lot 5 on Plan TR27 - Arcadia Valley 147. Lot 5 on Plan TR33 - Arcadia Valley 148. That part of Lot 6 on Plan CUE36 that is within the external boundary - Arcadia Valley 149. That part of Lot 6 on Plan TR11 that is within the external boundary - Arcadia Valley 150. Lot 6 on Plan TR28 - Arcadia Valley 151. Lot 6 on Plan TR34 - Arcadia Valley 152. Lot 7 on Plan DSN116 - Wealwandangie 153. Lot 7 on Plan RP617701 - Albinia 154. That part of Lot 7 on Plan SP187946 - Albinia 155. That part of Lot 7 on Plan TR22 that is within the external boundary - Arcadia Valley 156. That part of Lot 7 on Plan TR39 that is within the external boundary - Arcadia Valley 157. That part of Lot 8 on Plan CUE38 that is within the external boundary - Arcadia Valley 158. That part of Lot 8 on Plan SP210545 that is within the external boundary - Coorumbene 159. Lot 8 on Plan DSN116 - Wealwandangie 160. Lot 8 on Plan RP617702 - Albinia 161. Lot 8 on Plan SP100437 - Consuelo 162. That part of Lot 8 on Plan TR15 that is within the external boundary - Arcadia Valley 163. That part of Lot 9 on plan CUE39 that is within the external boundary - Arcadia Valley 164. That part of Lots 8 and 9 on Plan SP210545 that is within the external boundary - Coorumbene 165. Lot 9 on Plan RP617702 - Albinia 166. Lot 10 on Plan CUE87 - Rewan 167. Lot 10 on Plan DSN116 - Wealwandangie 168. Lot 10 on Plan RP617702 - Albinia 169. That part of Lot 11 on Plan DN40132 that is within the external boundary - Albinia 170. Lot 11 on Plan RP617702 - Albinia 171. Lot 12 on Plan RP616044 - Albinia 172. That part of Lot 12 on Plan SP101671 that is within the external boundary - Albinia 173. That part of Lot 13 on Plan DN40131 that is within the external boundary - Rolleston 174. Lot 13 on Plan RP616044 - Albinia 175. Lot 14 on Plan TR39 - Arcadia Valley 176. That part of Lot 15 on Plan DSN500 that is within the external boundary - Orion 177. Lot 15 on Plan TR44 - Arcadia Valley 178. That part of Lot 16 on Plan DN40142 that is within the external boundary - Albinia 179. That part of Lot 16 on Plan SP138519 that is within the external boundary - Orion 180. Lot 17 on Plan SP188169 - Orion 181. Lot 18 on Plan SP188169 - Orion 182. Lot 19 on Plan DSN860 - Orion 183. Lot 22 on Plan DSN92 - Rolleston 184. Lot 23 on Plan DSN92 - Rolleston 185. Lot 24 on Plan DSN92 - Rolleston 186. That part of Lot 26 on Plan DSN132 that is within the external boundary - Rolleston 187. Lot 36 on Plan DSN157 - Rolleston 188. Lot 39 on Plan DSN65 - Rolleston 189. Lot 42 on Plan DSN65 - Rolleston 190. Lot 45 on Plan DSN128 - Rolleston 191. Lot 47 on Plan DSN99 - Rolleston 192. Lot 48 on Plan DSN82 - Rolleston 193. Lot 49 on Plan DSN82 - Rolleston 194. Lot 50 on Plan DSN82 - Rolleston 195. That part of Lot 51 on Plan DSN520 that is within the external boundary - Orion 196. That part of Lot 55 on Plan DSN318 that is within the external boundary - Albinia 197. That part of Lot 56 on Plan DSN808 that is within the external boundary - Albinia 198. All waters forming part of a lot on plan, all waterways, natural lakes, creeks and rivers within the external boundary including, but not limited to: Aldabaran Creek, Brown River, Canopus Creek, Carnarvon Creek, Comet River, Consuelo Creek, Lake Nuga Nuga, Meteor Creek, Panorama Creek, Peawaddy Creek and Stony Creek.
Part 2 - External boundary
Commencing at the intersection of the southern boundary of the Dawson Highway road reserve and a south western bank of the Comet River at Rolleston and extending generally south easterly along banks of that river and banks of Clematis Creek to the intersection of that creek and the south western boundary of Lot 1 on CUE95 (Deep Creek Holding); then generally south easterly along that lot boundary to Longitude 148.860896° East; then generally southerly through the following coordinate points:
Longitude
(East)Latitude
(South)148.861020 24.931195 148.861457 24.959533 148.861833 24.983918 148.857183 25.016264 148.857690 25.049218 148.852964 25.076953 148.852653 25.104643 148.853080 25.132325 148.853363 25.150780 148.858072 25.158463 148.866209 25.171742 148.869708 25.207305 148.870035 25.228397 148.862562 25.269350 148.861043 25.314196 148.861594 25.349792 148.862093 25.382093 148.857352 25.413289 148.835952 25.447101 148.825396 25.455471 148.800085 25.475540 Then south westerly to along a line to Longitude 148.799268° East, Latitude 25.476188° South to its intersection with the northern bank of the Dawson River; then generally westerly and generally northerly along banks of that river to its headwaters at Longitude 148.522580° East, Latitude 25.248430° South; then north westerly to the ridgeline of the Carnarvon Range at Longitude 148.516363° East, Latitude 25.243812° South, being a point on QUD245/11 Brown River People (QC2011/004); then generally westerly and generally north westerly along that ridgeline to a point on QUD245/11 Brown River People (QC2011/004) at Latitude 25.164871° South, being a corner of Lot 236 on NPW490 (Carnarvon National Park); then generally north westerly along boundaries of that lot to Latitude 25.127659° South; being a point on the ridgeline of Carnarvon Range; then extending north westerly along boundaries of that lot and that ridgeline to the northernmost point of Lot 3453 on PH1102 (Saddler Pastoral Holding); then generally north westerly again along the ridgeline of the Carnarvon Range to Latitude 24.927077° South, then northerly to Longitude 148.063117° East, Latitude 24.924536° South, again to a point on QUD245/11 Brown River People (QC2011/004); then north westerly to the ridgeline of the Carnarvon Range at Latitude 24.923184° South, and generally north westerly along that ridgeline to a corner on a southern boundary of Lot A on DSN939 (Special Lease 48788) at Longitude 147.951526° East; then generally north westerly, generally north easterly and again north westerly along boundaries of that lot, north western boundaries of Lot 754 on PH1775 (Deepdale Pastoral Holding), eastern boundaries of Lot 9 on DSN969 and western boundaries of Lot 3 on DSN175 to its westernmost northern corner; then generally northerly to and along western boundaries of Lots 10, 8 and 7 on DSN116, Lot 5 on DSN956 and Lot 4 on DSN116 to the north western corner of that lot; then north easterly to the headwaters of a tributary of Orion Creek at Longitude 148.148900° East, Latitude 24.287240° South; then generally easterly and generally north easterly along eastern banks of that tributary and eastern banks of Orion Creek to a southern boundary of native title determination application QUD644/2012 - Bidjara #7 (QC2012/018) at Longitude 148.337920° East; then generally south easterly passing through the following coordinate points:
Longitude (East) Latitude (South) 148.350965 24.266056 148.384863 24.291518 148.423925 24.319570 148.474045 24.353457 148.512468 24.385442 148.544269 24.412861 148.574546 24.434354 148.615167 24.462341
Then westerly to the western bank of the Comet River at Latitude 24.462483° South; then generally south easterly along banks of that river back to the commencement point.
Excluding all land and waters subject to:
·Native title determination application QUD301/2012 Brown River People #2 (QC2012/005); and
·Native title determination application QUD310/2012 Karingbal People #3 (QC2012/006).
Data Reference and source
· Native title determination application QUD245/2011 Brown River People (QC2011/004) as filed in the Federal Court 29th August 2011.
· Native title determination application QUD644/2012 Bidjara People #7 (QC2012/018) as accepted for registration 24th January 2013.
· Native title determination application QUD301/2012 Brown River People #2 (QC2012/005) as filed in the Federal Court 13th July 2012.
· Native title determination application QUD310/2012 Karingbal People #3 (QC2012/006) as filed in the Federal Court 27th June 2012.
· Cadastral data sourced from Dept. of Natural Resources & Mines, Qld (January 2014).
· Rivers and creeks based, where possible, on cadastre data sourced from Dept of Natural Resources & Mines, Qld (January 2014). Elsewhere, rivers and creeks based on 1:250,000 topographic vector data © Commonwealth of Australia (Geoscience Australia) 2003.
· Carnarvon Range ridgeline referenced to the Queensland Basin Sub Areas 1:100,000, Department of Natural Resources and Mines, 2011.
Reference datum
Geographical coordinates have been provided are referenced to the Geocentric Datum of Australia
1994 (GDA94), in decimal degrees and are based on the spatial reference data acquired from the various custodians at the time.
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY
GENERAL DIVISION
QUD 301 of 2012
BETWEEN: CHARLES STAPLETON AND OTHERS N BEHALF OF THE BROWN RIVER PEOPLE #2
ApplicantAND: STATE OF QUEENSLAND AND OTHERS
Respondent
JUDGE:
JAGOT J
DATE OF ORDER:
21 FEBRUARY 2014
WHERE MADE:
SYDNEY
THE COURT ORDERS THAT:
1. Pursuant to section 225 of the Native Title Act 1993 (Cth), native title does not exist in relation to any part of the land or waters the subject of this proceeding, as described in the attached schedule.
2.There be no order as to costs.
Note:Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
Schedule 1 - Determination Area
A. The Determination Area comprises all of the land and waters described in Part 1 below, to the extent that they are within the external boundary description as described in Part 2 below.
Part 1 - Areas where native title does not exist
Area No. Area Description 1. That part of Lot 89 on Plan FTY1273 that is within the external boundary - Upper Dawson 2. That part of Lot 236 on Plan NPW490 that is within the external boundary - Mount Moffatt 3. That part of Lot 4 on Plan WT323 that is within the external boundary - Upper Dawson 4. Lot 7 on Plan SP103687 - Carnarvon Park 5. Lot 6 on Plan SP103687 - Carnarvon Park 6. Lot 8 on CUE78 - Carnarvon Park 7. All waters forming part of a lot on plan, all waterways, natural lakes, creeks and rivers within the external boundary including, but not limited to: Carnarvon Creek and Mickey Creek Part 2 – External boundary
Additional Area 1
Commencing at a point on the boundary of native title determination application QUD245/2011 Brown River People (QC11/4), being the intersection of the northern bank of the Dawson River and an eastern boundary of Carnarvon Highway at Latitude 25.351974° South and extending generally north westerly along the northern banks of the Dawson River to its headwaters at Longitude 148.522580° East, Latitude 25.248430° South; then north westerly to the ridgeline of Carnarvon Range at Longitude 148.516363° East, Latitude 25.243812° South, again a point on QUD245/11 Brown River People (QC11/4); then generally south easterly and generally southerly along boundaries of that native title application, further described as generally south easterly and generally southerly along the ridgeline of Carnarvon Range and passing through the following coordinate points:
Longitude (East)
Latitude (South)
148.518532
25.243475
148.520212
25.243370
148.521331
25.243300
148.525313
25.243541
148.529144
25.243827
148.532421
25.244112
148.535368
25.244740
148.538315
25.245689
148.541335
25.247097
148.544481
25.248826
148.546844
25.250781
148.548906
25.252438
148.551851
25.253823
148.554346
25.254105
148.557046
25.253264
148.560480
25.251921
148.562902
25.250919
148.564696
25.250099
148.566588
25.249531
148.568453
25.249947
148.570893
25.251605
148.573107
25.252964
148.576758
25.254304
148.580259
25.255460
148.583935
25.257212
148.586854
25.259008
148.590050
25.260828
148.592818
25.262830
148.595156
25.264991
148.596262
25.266185
148.597064
25.267746
148.597914
25.270340
148.598868
25.271809
148.600075
25.272867
148.602569
25.273653
148.608238
25.275249
148.613983
25.276731
148.619249
25.278280
148.625675
25.279969
148.626986
25.280133
148.628550
25.279815
148.631023
25.279271
148.633166
25.279436
148.635307
25.280312
148.637976
25.281671
148.640117
25.282616
148.641478
25.283124
148.642764
25.283919
148.643114
25.284136
148.644925
25.285997
148.646911
25.288249
148.648194
25.289834
148.649322
25.292175
148.650049
25.294148
148.651456
25.296283
148.653065
25.298328
148.654775
25.300143
148.656364
25.301399
Then south easterly to the western boundary of Carnarvon Highway at Latitude 25.302263° South; then generally southerly along boundaries of that road back to the commencement point.
Additional Area 2
Commencing at a point on the boundary of native title determination application QUD245/2011 Brown River People (QC11/4), being a point on the ridgeline of Carnarvon Range at Longitude 148.516363° East, Latitude 25.243812° South, and extending generally westerly and generally north westerly along that ridgeline passing through the following coordinate points:
Longitude (East)
Latitude (South)
148.514067
25.244263
148.510584
25.245169
148.507355
25.245755
148.502911
25.246491
148.499380
25.246790
148.493261
25.247163
148.487960
25.246968
148.483435
25.246483
148.479737
25.245822
148.476272
25.245362
148.473022
25.245448
148.469455
25.246114
148.466026
25.247240
148.458354
25.251201
148.453219
25.254456
148.451374
25.254745
148.449283
25.254855
148.446335
25.254958
148.444238
25.254815
148.442087
25.254489
148.439650
25.253825
148.437427
25.253684
148.435281
25.253542
148.433051
25.253103
148.430733
25.252115
148.427892
25.250312
148.426564
25.249580
148.425066
25.249150
148.423380
25.249320
148.421883
25.250037
148.420844
25.250882
148.419543
25.252398
148.418542
25.253863
148.416996
25.256805
148.416070
25.258222
148.414815
25.259554
148.413488
25.260038
148.412179
25.260154
148.410760
25.259814
148.409583
25.259149
148.408525
25.258045
148.406674
25.255396
148.405023
25.252675
148.403346
25.249931
148.401625
25.247487
148.400129
25.246001
148.397897
25.244369
148.396515
25.243478
148.394614
25.243055
148.392779
25.243273
148.390119
25.243874
148.387504
25.244199
148.385182
25.244128
148.383103
25.243663
148.381624
25.242911
148.380386
25.241718
148.379777
25.240445
148.379491
25.238914
148.378998
25.237226
148.377807
25.235849
148.376372
25.234821
148.374507
25.233755
148.372263
25.232673
148.370177
25.231840
148.368351
25.231393
148.365992
25.231873
148.364116
25.232660
148.362356
25.232813
148.360558
25.232365
148.258899
25.231570
148.356628
25.230351
148.354189
25.229571
148.352036
25.229106
148.350039
25.223294
148.347725
25.220149
148.343412
25.219421
148.342334
25.219240
148.337083
25.217800
148.336366
25.216140
148.334828
25.215021
148.330081
25.213618
148.326227
25.210295
148.323406
25.210439
148.318148
25.212095
148.315117
25.211830
148.312497
25.213048
148.308899
25.212265
148.305572
25.212304
148.306374
25.204077
148.304025
25.199326
148.300222
25.193752
148.295689
25.190486
148.296483
25.188774
148.295540
25.186016
148.292904
25.181889
148.294284
25.178148
148.291802
25.175303
148.294549
25.166100
Then north easterly to again a point on QUD245/2011 Brown River People (QC11/4) at Latitude 25.164871° South, being a corner of Lot 236 on NPW490 (Carnarvon National Park); then south easterly, generally easterly and generally south easterly along boundaries of that native title application, described as south easterly to the headwaters of an unnamed tributary at Longitude 148.312900° East, Latitude 25.175380° South; then generally easterly along southern banks of that tributary and southern banks of Bullaroo Creek to Longitude 148.456970° East; then south easterly to an eastern bank of an unnamed creek at Longitude 148.476360° East, Latitude 25.207650° South; then generally south easterly along banks of that unnamed creek to its intersection with the southern boundary of Lot 236 of NPW490 (Carnarvon National Park); then south easterly back to the commencement point.
Additional Area 3
Commencing at a point on native title determination application QUD245/2011 Brown River People (QC11/4), being a point on the ridgeline of Carnarvon Range and a corner of Lot 236 on NPW490 at Latitude 25.127659° South, and extending generally north westerly along boundaries of that lot and that ridgeline to the northernmost point of Lot 3453 on PH1102 (Saddler Pastoral Holding); then generally north westerly again along the ridgeline of Carnarvon Range passing through the following coordinate points:
Longitude (East)
Latitude (South)
148.133836
25.042539
148.132985
25.042760
148.131718
25.043607
148.129158
25.043972
148.125052
25.043905
148.122948
25.043207
148.121615
25.042014
148.121129
25.040439
148.118696
25.031052
148.117736
25.025930
148.117093
25.024014
148.116389
25.022810
148.115261
25.021843
148.112801
25.020967
148.104693
25.019591
148.098979
25.018357
148.097278
25.017675
148.095770
25.016530
148.094400
25.014764
148.092872
25.011395
148.091486
25.008826
148.089557
25.006771
148.086912
25.004201
148.085083
25.002144
148.083985
25.000098
148.083128
24.997526
148.082083
24.994395
148.078730
24.985636
148.077062
24.981113
148.076326
24.978574
148.075891
24.976033
148.076060
24.973508
148.076709
24.971093
148.077610
24.968721
148.077734
24.966632
148.076560
24.963273
148.073751
24.959977
148.072921
24.958036
148.073048
24.956176
148.073732
24.954541
148.074966
24.952669
148.076068
24.950272
148.076491
24.947928
148.076208
24.945408
148.075298
24.943078
148.073562
24.941055
148.071171
24.938993
148.068079
24.937099
148.066023
24.935653
148.064717
24.933763
148.063992
24.932119
148.063793
24.930263
148.063577
24.927077
Then northerly to Longitude 148.063117° East, Latitude 24.924536° South, again a point on the boundary of QUD245/11 Brown River People (QC11/4); then generally south easterly and generally south westerly along boundaries of that native title application, further described as generally south easterly to the headwaters of Carnarvon Creek at Longitude 148.070280° East, Latitude 24.932220° South; then generally south easterly along northern and eastern banks of that creek to Latitude 25.072757° South; then southerly to a corner on the southern boundary of Carnarvon Gorge Road reserve at Longitude 148.267547° East; then generally south easterly along the boundaries of that road reserve to the north western most corner of Lot 15 on FTY 1668; then generally southerly along boundaries of that lot to is western most corner; then south westerly back to the commencement point.
Data Reference and source
· Native title determination application QUD245/2011 Brown River People (QC2011/004) as filed in the Federal Court 29th August 2011.
· Cadastral data sourced from the Department of Natural Resources & Mines, Qld (January 2014).
· Rivers and creeks based, where possible, on cadastre data sourced from Department of Natural Resources & Mines, Qld (January 2014). Elsewhere, rivers and creeks based on 1:250,000 topographic vector data © Commonwealth of Australia (Geoscience Australia) 2003.
· Carnarvon Range ridgeline referenced to the Queensland Basin Sub Areas 1:100,000, Department of Natural Resources and Mines, 2011.
Reference datum
Geographical coordinates are referenced to the Geocentric Datum of Australia 1994 (GDA94), in
decimal degrees and are based on the spatial reference data acquired from the various custodians at the time.
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY
GENERAL DIVISION
QUD 310 of 2012
BETWEEN: KEVIN ALBURY AND OTHERS ON BEHALF OF THE KARINGBAL PEOPLE #3
ApplicantAND: STATE OF QUEENSLAND AND OTHERS
Respondent
JUDGE:
JAGOT J
DATE OF ORDER:
21 FEBRUARY 2014
WHERE MADE:
SYDNEY
THE COURT ORDERS THAT:
1.Pursuant to section 225 of the Native Title Act 1993 (Cth), native title does not exist in relation to any part of the land or waters the subject of this proceeding, as described in the attached schedule.
2.There be no order as to costs.
Note:Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
Schedule 1 - Determination Area
A. The Determination Area comprises all of the land and waters described in Part 1 below, to the extent that they are within the external boundary description as described in Part 2 below.
Part 1 - Areas where native title does not exist
Area No. Area Description 1. That part of Lot 89 on Plan FTY1273 that is within the external boundary - Upper Dawson 2. That part of Lot 236 on Plan NPW490 that is within the external boundary - Mount Moffatt 3. That part of Lot 4 on Plan WT323 that is within the external boundary - Upper Dawson 4. Lot 7 on Plan SP103687 - Carnarvon Park 5. Lot 6 on Plan SP103687 - Carnarvon Park 6. Lot 8 on CUE78 - Carnarvon Park 7. All waters forming part of a lot on plan, all waterways, natural lakes, creeks and rivers within the external boundary including, but not limited to: Carnarvon Creek and Mickey Creek Part 2 – External boundary
Additional Area 1
Commencing at a point on the boundary of native title determination application QUD245/2011 Brown River People (QC11/4), being the intersection of the northern bank of the Dawson River and an eastern boundary of Carnarvon Highway at Latitude 25.351974° South and extending generally north westerly along the northern banks of the Dawson River to its headwaters at Longitude 148.522580° East, Latitude 25.248430° South; then north westerly to the ridgeline of Carnarvon Range at Longitude 148.516363° East, Latitude 25.243812° South, again a point on QUD245/11 Brown River People (QC11/4); then generally south easterly and generally southerly along boundaries of that native title application, further described as generally south easterly and generally southerly along the ridgeline of Carnarvon Range and passing through the following coordinate points:
Longitude (East)
Latitude (South)
148.518532
25.243475
148.520212
25.243370
148.521331
25.243300
148.525313
25.243541
148.529144
25.243827
148.532421
25.244112
148.535368
25.244740
148.538315
25.245689
148.541335
25.247097
148.544481
25.248826
148.546844
25.250781
148.548906
25.252438
148.551851
25.253823
148.554346
25.254105
148.557046
25.253264
148.560480
25.251921
148.562902
25.250919
148.564696
25.250099
148.566588
25.249531
148.568453
25.249947
148.570893
25.251605
148.573107
25.252964
148.576758
25.254304
148.580259
25.255460
148.583935
25.257212
148.586854
25.259008
148.590050
25.260828
148.592818
25.262830
148.595156
25.264991
148.596262
25.266185
148.597064
25.267746
148.597914
25.270340
148.598868
25.271809
148.600075
25.272867
148.602569
25.273653
148.608238
25.275249
148.613983
25.276731
148.619249
25.278280
148.625675
25.279969
148.626986
25.280133
148.628550
25.279815
148.631023
25.279271
148.633166
25.279436
148.635307
25.280312
148.637976
25.281671
148.640117
25.282616
148.641478
25.283124
148.642764
25.283919
148.643114
25.284136
148.644925
25.285997
148.646911
25.288249
148.648194
25.289834
148.649322
25.292175
148.650049
25.294148
148.651456
25.296283
148.653065
25.298328
148.654775
25.300143
148.656364
25.301399
Then south easterly to the western boundary of Carnarvon Highway at Latitude 25.302263° South; then generally southerly along boundaries of that road back to the commencement point.
Additional Area 2
Commencing at a point on the boundary of native title determination application QUD245/2011 Brown River People (QC11/4), being a point on the ridgeline of Carnarvon Range at Longitude 148.516363° East, Latitude 25.243812° South, and extending generally westerly and generally north westerly along that ridgeline passing through the following coordinate points:
Longitude (East)
Latitude (South)
148.514067
25.244263
148.510584
25.245169
148.507355
25.245755
148.502911
25.246491
148.499380
25.246790
148.493261
25.247163
148.487960
25.246968
148.483435
25.246483
148.479737
25.245822
148.476272
25.245362
148.473022
25.245448
148.469455
25.246114
148.466026
25.247240
148.458354
25.251201
148.453219
25.254456
148.451374
25.254745
148.449283
25.254855
148.446335
25.254958
148.444238
25.254815
148.442087
25.254489
148.439650
25.253825
148.437427
25.253684
148.435281
25.253542
148.433051
25.253103
148.430733
25.252115
148.427892
25.250312
148.426564
25.249580
148.425066
25.249150
148.423380
25.249320
148.421883
25.250037
148.420844
25.250882
148.419543
25.252398
148.418542
25.253863
148.416996
25.256805
148.416070
25.258222
148.414815
25.259554
148.413488
25.260038
148.412179
25.260154
148.410760
25.259814
148.409583
25.259149
148.408525
25.258045
148.406674
25.255396
148.405023
25.252675
148.403346
25.249931
148.401625
25.247487
148.400129
25.246001
148.397897
25.244369
148.396515
25.243478
148.394614
25.243055
148.392779
25.243273
148.390119
25.243874
148.387504
25.244199
148.385182
25.244128
148.383103
25.243663
148.381624
25.242911
148.380386
25.241718
148.379777
25.240445
148.379491
25.238914
148.378998
25.237226
148.377807
25.235849
148.376372
25.234821
148.374507
25.233755
148.372263
25.232673
148.370177
25.231840
148.368351
25.231393
148.365992
25.231873
148.364116
25.232660
148.362356
25.232813
148.360558
25.232365
148.258899
25.231570
148.356628
25.230351
148.354189
25.229571
148.352036
25.229106
148.350039
25.223294
148.347725
25.220149
148.343412
25.219421
148.342334
25.219240
148.337083
25.217800
148.336366
25.216140
148.334828
25.215021
148.330081
25.213618
148.326227
25.210295
148.323406
25.210439
148.318148
25.212095
148.315117
25.211830
148.312497
25.213048
148.308899
25.212265
148.305572
25.212304
148.306374
25.204077
148.304025
25.199326
148.300222
25.193752
148.295689
25.190486
148.296483
25.188774
148.295540
25.186016
148.292904
25.181889
148.294284
25.178148
148.291802
25.175303
148.294549
25.166100
Then north easterly to again a point on QUD245/2011 Brown River People (QC11/4) at Latitude 25.164871° South, being a corner of Lot 236 on NPW490 (Carnarvon National Park); then south easterly, generally easterly and generally south easterly along boundaries of that native title application, described as south easterly to the headwaters of an unnamed tributary at Longitude 148.312900° East, Latitude 25.175380° South; then generally easterly along southern banks of that tributary and southern banks of Bullaroo Creek to Longitude 148.456970° East; then south easterly to an eastern bank of an unnamed creek at Longitude 148.476360° East, Latitude 25.207650° South; then generally south easterly along banks of that unnamed creek to its intersection with the southern boundary of Lot 236 of NPW490 (Carnarvon National Park); then south easterly back to the commencement point.
Additional Area 3
Commencing at a point on native title determination application QUD245/2011 Brown River People (QC11/4), being a point on the ridgeline of Carnarvon Range and a corner of Lot 236 on NPW490 at Latitude 25.127659° South, and extending generally north westerly along boundaries of that lot and that ridgeline to the northernmost point of Lot 3453 on PH1102 (Saddler Pastoral Holding); then generally north westerly again along the ridgeline of Carnarvon Range passing through the following coordinate points:
Longitude (East)
Latitude (South)
148.133836
25.042539
148.132985
25.042760
148.131718
25.043607
148.129158
25.043972
148.125052
25.043905
148.122948
25.043207
148.121615
25.042014
148.121129
25.040439
148.118696
25.031052
148.117736
25.025930
148.117093
25.024014
148.116389
25.022810
148.115261
25.021843
148.112801
25.020967
148.104693
25.019591
148.098979
25.018357
148.097278
25.017675
148.095770
25.016530
148.094400
25.014764
148.092872
25.011395
148.091486
25.008826
148.089557
25.006771
148.086912
25.004201
148.085083
25.002144
148.083985
25.000098
148.083128
24.997526
148.082083
24.994395
148.078730
24.985636
148.077062
24.981113
148.076326
24.978574
148.075891
24.976033
148.076060
24.973508
148.076709
24.971093
148.077610
24.968721
148.077734
24.966632
148.076560
24.963273
148.073751
24.959977
148.072921
24.958036
148.073048
24.956176
148.073732
24.954541
148.074966
24.952669
148.076068
24.950272
148.076491
24.947928
148.076208
24.945408
148.075298
24.943078
148.073562
24.941055
148.071171
24.938993
148.068079
24.937099
148.066023
24.935653
148.064717
24.933763
148.063992
24.932119
148.063793
24.930263
148.063577
24.927077
Then northerly to Longitude 148.063117° East, Latitude 24.924536° South, again a point on the boundary of QUD245/11 Brown River People (QC11/4); then generally south easterly and generally south westerly along boundaries of that native title application, further described as generally south easterly to the headwaters of Carnarvon Creek at Longitude 148.070280° East, Latitude 24.932220° South; then generally south easterly along northern and eastern banks of that creek to Latitude 25.072757° South; then southerly to a corner on the southern boundary of Carnarvon Gorge Road reserve at Longitude 148.267547° East; then generally south easterly along the boundaries of that road reserve to the north western most corner of Lot 15 on FTY 1668; then generally southerly along boundaries of that lot to is western most corner; then south westerly back to the commencement point.
Data Reference and source
· Native title determination application QUD245/2011 Brown River People (QC2011/004) as filed in the Federal Court 29th August 2011.
· Cadastral data sourced from the Department of Natural Resources & Mines, Qld (January 2014).
· Rivers and creeks based, where possible, on cadastre data sourced from Department of Natural Resources & Mines, Qld (January 2014). Elsewhere, rivers and creeks based on 1:250,000 topographic vector data © Commonwealth of Australia (Geoscience Australia) 2003.
· Carnarvon Range ridgeline referenced to the Queensland Basin Sub Areas 1:100,000, Department of Natural Resources and Mines, 2011.
Reference datum
Geographical coordinates are referenced to the Geocentric Datum of Australia 1994 (GDA94), in
decimal degrees and are based on the spatial reference data acquired from the various custodians at the time.
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY
GENERAL DIVISION
QUD 23 of 2006
QUD216 of 2008
QUD 245 of 2011
QUD 301 of 2012
QUD 310 of 2012
BETWEEN: KEVIN ALBURY AND OTHERS ON BEHALF OF THE KARINGBAL PEOPLE #2
ApplicantAND: STATE OF QUEENSLAND AND OTHERS
Respondent
JUDGE:
JAGOT J
DATE:
21 FEBRUARY 2014
PLACE:
SYDNEY
REASONS FOR JUDGMENT
On 3 February 2014 I made the following orders in these matters:
1.The State of Queensland file and serve its proposed determination that native title does not exist in relation to the overlap area within 7 days.
2.The other parties have leave to file and serve any submissions they wish to make about the proposed determination within a further 7 days.
No submission has been received in response of the determination proposed by the State.
I am satisfied that the determination should be made for the reasons set out in the reasons for judgment in Wyman on behalf of the Bidjara People v State of Queensland (No 2) [2013] FCA 1229 and Wyman on behalf of the Bidjara People v State of Queensland (No 3) [2014] FCA 8. I am also satisfied that the form of the proposed determination is appropriate.
Accordingly, I make orders as set out in the proposed determinations.
I certify that the preceding four (4) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Jagot. Associate:
Dated: 17 February 2014
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