FEDERAL COURT OF AUSTRALIA

I.S. (Deceased) on behalf of the Wajarri Yamatji People (Part A) v State of Western Australia [2017] FCA 1215

ORDERS

THE COURT NOTES THAT:

A.    The applicant in this proceeding has made a native title determination application (the Wajarri Yamatji Application) that relates to an area of land and waters including the area the subject of a proposed determination of native title (Part A Determination).

B.    The applicant in the Wajarri Yamatji Application, the State of Western Australia and the other Respondents to the proceedings (collectively, the parties) have reached an agreement as to the terms of the Part A Determination, which is to be made in relation to part of the land and waters covered by the Wajarri Yamatji Application. The parties have designated the determination area as ‘Wajarri Yamatji (Part A)’ (Part A Determination Area). The external boundaries of the Part A Determination Area are described in Schedule One to the Part A Determination.

C.    The parties also agree that, in respect of the balance of the area of land and waters covered by the Wajarri Yamatji Application:

(i)    no determination should be made at present in relation to those areas which are also covered by proceeding WAD 382 of 2017 which the parties have designated ʻWajarri Yamatji (Part B)ʼ; and

(ii)    no determination should be made at present in relation to those areas which are also covered by proceedings WAD 6119 of 1998 (Mullewa Wadjari), and WAD 6193 of 1998 (Widi Mob) which the parties have designated ʻWajarri Yamatji (Part C)ʼ.

D.    Pursuant to ss 87A(1) and (2) of the Native Title Act 1993 (Cth) the parties have filed with this Court an agreement in writing setting out the terms of the agreement reached by the parties in relation to part of the Wajarri Yamatji Application.

E.    The terms of the agreement involve the making of consent orders for a determination pursuant to ss 87A and 94A of the Native Title Act 1993 (Cth) that native title exists in relation to the land and waters of the Part A Determination Area.

F.    The pastoral respondents have agreed to the terms of the Part A Determination on the basis of having reached agreements with the applicant in relation to those portions of their respective pastoral leases that are situated within the Part A Determination Area. Following the Part A Determination taking effect, those agreements will be executed and an application will be made for the agreements to be registered as Indigenous Land Use Agreements on the Register of Indigenous Land Use Agreements as body corporate agreements pursuant to s 24BG of the Native Title Act 1993 (Cth).

G.    The parties acknowledge that the effect of the making of the determination is that the members of the native title claim group, in accordance with the traditional laws acknowledged and the traditional customs observed by them, should be recognised as the native title holders for the Part A Determination Area as set out in the determination.

H.    Pursuant to ss 87A(4) of the Native Title Act 1993 (Cth), the parties have requested that the Court determine the proceedings that relate to the Part A Determination Area without holding a hearing.

BEING SATISFIED that a determination of native title in the terms set out in Attachment A would be within the power of the Court and, it appearing to the Court appropriate to do so, pursuant to ss 87A and 94A of the Native Title Act 1993 (Cth) and by the consent of the parties:

THE COURT ORDERS THAT:

1.    In relation to the Part A Determination Area, there be a determination of native title in the Wajarri Yamatji Application in terms of the Part A Determination as provided for in Attachment A. The Part A Determination is to take effect immediately upon the making of a determination under s 56(1) or s 57(2) of the Native Title Act 1993 (Cth) as the case may be.

2.    Within 9 months of the date upon which these orders are made, a representative of the common law holders of the native title rights and interests shall indicate whether they intend to have the native title rights and interests held in trust and, if so, by whom. They are invited to do so by:

(a)    nominating in writing to the Court a prescribed body corporate to be trustee of the native title rights and interests; and

(b)    including within the nomination the written consent of the body corporate.

3.    If a prescribed body corporate is nominated in accordance with order 2, it will hold the native title rights and interests referred to in order 1 in trust for the common law holders of the native title rights and interests.

4.    If there is no nomination within the time specified in order 2, or such later time as the Court may order, the matter is to be listed for further directions.

5.    There be no determination made at this time in relation to the balance of the area of land and waters covered by the Wajarri Yamatji Application which remains in case management by a Registrar of the Court.

6.    There be no order as to costs.

ATTACHMENT A

PART A DETERMINATION

THE COURT ORDERS, DECLARES AND DETERMINES THAT:

Existence of native title (s.225 Native Title Act)

(1)    Subject to paragraph 2, native title exists in the Part A Determination Area in the manner set out in paragraph 4 of this determination.

(2)    Native title does not exist in those parts of the Part A Determination Area the subject of the interests identified in Schedule Three which are shown as generally shaded pink on the maps at Schedule Two.

Native title holders (s.225(a) Native Title Act)

(3)    The native title in the Part A Determination Area is held by the Wajarri Yamatji. The Wajarri Yamatji are the people referred to in Schedule Five.

The nature and extent of native title rights and interests and exclusiveness of native title (ss.225(b) and 225(e) Native Title Act)

(4)    Subject to paragraphs 2, 5, 6 and 8 the nature and extent of the native title rights and interests in relation to the Part A Determination Area are that they confer the following non-exclusive rights on the Wajarri Yamatji, including the right to conduct activities necessary to give effect to them:

(a)    the right to enter and remain on the land, camp, erect temporary shelters, and travel over and visit any part of the land and waters of the Part A Determination Area;

(b)    the right to hunt, fish, gather, take and use the resources of the land;

(c)    the right to take and use water;

(d)    the right to engage in cultural activities on the Part A Determination Area, including:

(i)    visiting places of cultural or spiritual importance and maintaining, caring for, and protecting those places by carrying out activities to preserve their physical or spiritual integrity; and

(ii)    conducting and participating in ceremony and ritual, and the transmission of cultural knowledge.

(e)    the right to light contained and controlled fires for domestic, cultural and spiritual purposes but not for the clearance of vegetation;

(f)    the right to conduct burials and burial rites and other ceremonies in relation to death; and

(g)    the right to be accompanied on to the Part A Determination Area by those persons who, though not native title holders, are:

(i)    spouses, partners, parents or children of the native title holders;

(ii)    people who are members of the immediate family of a spouse, partner, parent or child of a native title holder; or

(iii)    people entering the Part A Determination Area in connection with the performance of ceremonies or cultural activities in accordance with traditional laws and customs.

Qualifications on the native title rights and interests

(5)    The native title rights and interests set out in paragraph (4) above:

(a)    are subject to and exercisable in accordance with:

(i)    the laws of the State and the Commonwealth, including the common law; and

(ii)    the traditional laws and customs of the Wajarri Yamatji for personal, domestic and communal purposes (including social, cultural, religious, spiritual and ceremonial purposes); and

(b)    do not confer any rights in relation to:

(i)    minerals as defined in the Mining Act 1904 (WA) (repealed) and in the Mining Act 1978 (WA);

(ii)    petroleum as defined in the Petroleum Act 1936 (WA) (repealed) and in the Petroleum and Geothermal Energy Resources Act 1967 (WA) (WA Petroleum Act);

(iii)    geothermal energy resources and geothermal energy as defined in the WA Petroleum Act; or

(iv)    water captured by the holders of the Other Interests pursuant to those Other Interests.

(6)    The native title rights and interests set out in paragraph 4 do not confer:

(a)    possession, occupation, use and enjoyment on the Wajarri Yamatji to the exclusion of all others; or

(b)    a right to control the access to, or use of, the land and waters of the Part A Determination Area or its resources.

The nature and extent of any other interests

(7)    The nature and extent of the Other Interests are described in Schedule Four.

Relationship between native title rights and other interests

(8)    Except as otherwise provided for by law, the relationship between the native title rights and interests described in paragraph 4 and the Other Interests is that:

(a)    to the extent that any of the Other Interests are inconsistent with the continued existence, enjoyment or exercise of the native title rights and interests, the native title rights and interests continue to exist in their entirety, but the native title rights and interests have no effect in relation to the Other Interests to the extent of the inconsistency during the currency of the Other Interests; and otherwise,

(b)    the existence and exercise of the native title rights and interests do not prevent the doing of any activity required or permitted to be done by or under the Other Interests, and the Other Interests, and the doing of any activity required or permitted to be done by or under the Other Interests, prevail over the native title rights and interests and any exercise of the native title rights and interests but do not extinguish them.

Liberty to apply

(9)    The parties have liberty to apply to establish the precise location and boundaries of the public works and adjacent land and waters identified in relation to any part or parts of the Part A Determination Area referred to in paragraph 6 of Schedule Three of this determination.

Definitions and interpretation

(10)    In this determination, unless the contrary intention appears:

“land” has the same meaning as in the Native Title Act and, for the avoidance of doubt, includes any natural collection of water found on the land which does not fall within the definition of “waters”;

“Native Title Act” means the Native Title Act 1993 (Cth);

“Other Interests” means the legal or equitable estates or interests and other rights in relation to the Determination Area described in Schedule Four and referred to in paragraph 7;

“Part A Determination Area” means the land and waters described in Schedule One and depicted on the maps at Schedule Two;

“resources” means flora, fauna, and other natural resources such as charcoal, stone, soil, wood, resin and ochre (except, for the avoidance of doubt, ochres for use in the manufacture of porcelain, fine pottery or pigments which are minerals pursuant the Mining Act 1904 (WA) (repealed));

“waters” has the same meaning as in the Native Title Act.

(11)    In the event of any inconsistency between the written description of an area in Schedule One, Three, Four or Five and the area as depicted on the maps at Schedule Two the written description prevails.

SCHEDULE ONE

PART A DETERMINATION AREA

The Part A Determination Area, generally shown as bordered in blue on the maps at Schedule Two, comprises all land and waters bounded by the following description:

Portion 1

All those lands and waters commencing at Latitude 24.071240° South, Longitude 117.235663° East and extending northeasterly, generally southeasterly, generally southwesterly and again generally southeasterly passing through the following coordinate points:

Then easterly to Latitude 25.834935° South, Longitude 118.979625° East, being a point on the boundary of Native Title Determination Application WAD6132/1998 Yugunga-Nya People (WC1999/046); then generally southwesterly, generally westerly and again generally southwesterly along that native title determination application to a corner on the northern boundary of Native Title Determination WAD6123/98 Badimia People (WCD2015/001), further described as:

Then southwesterly to a western side of Road Number 2854, being the original alignment of Great Northern Highway (former alignment before road widenings) at Latitude 26.165366° South; then southerly and generally southwesterly along western sides of Road Number 2854 to the intersection with a northwestern boundary of Lot 500 as shown on Deposited Plan 406913; then generally southwesterly along boundaries of that lot again to a western side of Road Number 2854; then generally southwesterly along western sides of Road Number 2854 and Road Number 703 to a northern boundary of the Meekatharra Townsite boundary; then northwesterly and generally southwesterly along boundaries of that townsite to an intersection with the northwestern boundary of a Lot 1031 on Deposited Plan 218692 at approximate Latitude 26.601406° South; then southerly across that lot to an intersection with the western side of Road Number 703, being the original alignment of Great Northern Highway (former alignment before road widenings) at Latitude 26.602045° South; then generally southwesterly along western sides of Road Number 703 to a northern corner of Lot 274 as shown on Deposited Plan 218692; then southwesterly along the western boundary of that lot to again a western side of Road Number 703; then generally southwesterly along sides of that road to a northern boundary of Pastoral Lease N050578 (Annean) at approximate Longitude 118.435112° East; then easterly, southerly, westerly, generally southwesterly and northwesterly along boundaries of that pastoral lease to its intersection with an eastern side of Road Number 703 at approximate Longitude 118.397087° East; then generally southwesterly along eastern sides of Road Number 703 to an eastern boundary of Pastoral Lease N050578 (Annean); then southerly, easterly, again southerly, westerly, generally southerly and generally southwesterly along boundaries of that pastoral lease to its intersection with an eastern boundary of Pastoral Lease N050577 (Annean); then southerly and westerly along boundaries of that pastoral lease to an eastern side of Road Number 457, then generally southwesterly along sides of Road Number 457 to a northern boundary of Pastoral Lease N050576 (Annean); then westerly to a southeastern corner of Pastoral Lease N050577 (Annean); then generally westerly and southerly along boundaries of that pastoral lease to its intersection with an eastern boundary of Reserve 10367 (Wandry Springs Cue Stock Route); then south along the prolongation southerly of the eastern boundary of Pastoral Lease N050577 (Annean) to the prolongation east of the southern boundary of the southwestern severance of that pastoral lease at approximate Latitude 27.043457° South, Longitude 117.983824° East; then westerly to the southernmost south eastern corner of the south western severance of Pastoral Lease N050577 (Annean); then southwesterly to the northernmost corner of Cue Townsite; then southwesterly along the northwestern boundary of that townsite to its westernmost corner; then southwesterly to Latitude 27.579253° South, Longitude 117.685671° East, being a point on the northern boundary of Native Title Determination WAD6123/98 Badimia People (WCD2015/001);

Then generally southwesterly along the northern boundary of that native title determination passing through the following coordinate points:

Then southwesterly again along the northern boundary of that native title determination to the northernmost eastern boundary of Pastoral Lease N050333 (Murrum) at approximate Latitude 27.832600° South; then northerly, westerly, and generally southerly and again westerly along northern and western boundaries of that pastoral lease to a northeastern corner of Pastoral Lease N049595 (Edah); then westerly and southerly along boundaries of that pastoral lease to a northeastern corner of Pastoral Lease N049400 (Wagga Wagga); then westerly, southerly and southwesterly along boundaries of that pastoral lease to the intersection with a northern boundary of Native Title Determination Application WAD6193/1998 Widi Mob (WC1997/072) at approximate Latitude 28.150138° South, Longitude 116.962738° East; then generally northwesterly along the northern boundary of that native title determination application passing through the following coordinate points:

Then northwesterly to the intersection with an eastern boundary of Native Title Determination Application WAD6119/1998 Mullewa Wadjari Community (WC1996/093) at approximate Latitude 28.046721° South, Longitude 116.654161° East; then generally northwesterly and generally southwesterly along boundaries of that native title determination application passing through the following coordinate points:

Then southwesterly to an eastern boundary of Pastoral Lease N050041 (New Forest) at Latitude 27.117491° South; then generally southwesterly passing through the following coordinate points:

Then southwesterly to an eastern boundary of Pastoral Lease N050041 (New Forest) at Latitude 27.231234° South; then generally southwesterly passing through the following coordinate points:

Then southerly to the northernmost northeastern corner of Reserve 1807; then generally southwesterly along boundaries of that reserve to its southernmost southeastern corner; then generally southwesterly passing through the following coordinate points:

Then southwesterly to the northernmost northwestern corner of Reserve 1806; then generally southerly and southeasterly along boundaries of that reserve to its southernmost southwestern corner; then generally southerly and southwesterly passing through the following coordinate points:

Then southwesterly to the intersection with a western boundary of Pastoral Lease N049486 (Yallalong) at Latitude 27.516422° South; then generally northerly along boundaries of that pastoral lease to the southernmost south eastern corner of Reserve 40628; then generally northerly along boundaries of that reserve to the southernmost south eastern corner of Pastoral Lease N049949 (Talisker); then generally northerly along the eastern boundaries of Pastoral Lease N049949 (Talisker) to a southern boundary of Pastoral Lease N050597 (Ballythunna); then easterly along the southern boundary of that pastoral lease to the prolongation southerly of the westernmost western boundary of Pastoral Lease N050480 (Byro); then northerly along that prolongation and the western boundary of that pastoral lease to the westernmost north western corner of that pastoral lease; Then generally northwesterly passing through the following coordinate points:

Then northwesterly to the intersection of the centreline of Wooramel River with Longitude 115.594032° East; then generally northeasterly along the centreline of Wooramel River to the intersection with Bilung Creek; then generally northeasterly along the centreline of that creek to Longitude 115.984267° East (near Bilung Pool); then generally northerly and generally easterly (around Bilung Pool) passing through the following coordinate points:

Then generally northerly passing through the following coordinate points:

Then northwesterly to the intersection of Latitude 24.939474° South and the centreline of Cobra Dairy Creek Road, being a point on the eastern boundary of Native Title Determination Application WAD6161/1998 Gnulli (WC1997/028); then generally northwesterly along that road and boundaries of that native title determination application to Latitude 24.652803° South; then again generally northeasterly along that native title determination application passing through Latitude 24.589108° South, Longitude 116.245187° East, and onwards to the intersection of the centreline of Wanna Road (approximately at Latitude 24.190484° South, Longitude 116.446724° East), being a southeastern corner of Native Title Determination Application WAD464/2016 Combined Thiin-Mah Warriyangka, Tharrkari, Jiwarli (WC2016/003); then generally northeasterly, generally easterly, again generally northeasterly and generally northwesterly along eastern boundaries of that native title determination application to its intersection with Native Title Determination Application WAD62/2016 Jurrurru People 3# (WC2016/001), further described as;

Then generally northeasterly passing through the following coordinate points:

Then northeasterly to an intersection with Koorabooka Creek at Longitude 116.512528° East, then generally easterly and northeasterly along the centreline of that Creek to Ericoothara Spring at approximate Latitude 23.943560° South; then generally northwesterly along the high points of the Godfrey Range, generally identified as passing through the following approximate coordinate points:

Then northwesterly to Latitude 23.874477° South, Longitude 116.780354° East, being a point on the boundary of Native Title Determination Application WAD62/2016 Jurrurru People #3 (WC2016/001);

Then southeasterly to the boundary of Native Title Determination WAD6007/2000 Jurruru People Part A (WCD2015/002) at Latitude 23.903982° South, Longitude 116.957147° East, then southeasterly along that native title determination to Latitude 24.031719° South, Longitude 117.199411° East, and then southeasterly back to the commencement point.

Portion 2

All those lands and waters comprising those parts of Lot 235 as shown on Deposited Plan 238014 that are southeasterly of a line joining Latitude 27.544635° South, Longitude 115.190358° East and Latitude 27.520530° South, Longitude 115.228852° East.

Exclusions

All the lands and waters within the parcels identified below are excluded to the extent they fall within the WAD6033/1998 Part A External Boundary:

    All that land comprising Pastoral Lease N049563 (Belele).

    All that land comprising Pastoral Lease N049656 (Buttah).

    All that land comprising Pastoral Lease N049470 (Mt Wittenoom).

    All that land comprising Pastoral Lease N050049 (Karbar).

    All that land comprising Reserve 297, Reserve 16670, Reserve 21805, Reserve 39182 and Reserve 42783.

    All that land comprising Lot 1 as shown on Deposited Plan 49991 and being the land described in certificate of title volume 2602 folio 964.

    All that land comprising Lot 37 as shown on Deposited Plan 36256.

    All that land comprising Lot 38 as shown on Deposited Plan 221065.

    All that land comprising those portions of Lot 40 as shown on Deposited Plan 238030.

    All that land comprising those portions of Lot 25 as shown on Deposited Plan 238030.

    All that land comprising Lot 58 as shown on Deposited Plan 194566.

    All that land comprising Lot 60 as shown on Deposited Plan 194660.

    All that land comprising Lot 214 as shown on Deposited Plan 220375.

    All that land comprising Lot 334 as shown on Deposited Plan 30446.

    All that land comprising Lot 12629 as shown on Deposited Plan 28859.

    All that land comprising Lot 382 as shown on Deposited Plan 243003.

    All that land comprising Lot 30 as shown on Deposited Plan 77647.

    All that land comprising Lots 22, 25, 26, 27, 29, 30, 31, 34, 35, 74 and 75 as shown on Deposited Plan 222348.

    All that land comprising Lots 100, 264, 265 and 266 as shown on Deposited Plan 100155.

    All that land comprising Lots 112, 267, 268, 269, 270, 271, 272, 273, 274 and 275 as shown on Deposited Plan 222880.

    All that land comprising Lot 276 as shown on Deposited Plan 130065.

    All that land comprising Lots 166, 167, 277, 278, 279, 280, 281 and 282 as shown on Deposited Plan 222882.

    All that land comprising Lots 13, 34, 56, 62, 64, 74, 83, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 257, 258, 259, 260, 261, 262, 263, 283, 284, 285, 287, 288, 289, 290, 291, 292, 293, 294, 295, 296, 297, 298, 299, 300, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319 and 320 as shown on Deposited Plan 222878.

    UCL 1 - that Unallocated Crown Land parcel in vicinity of Bangemall Well surrounded by Lot 38 on Deposited Plan 221065 with an approximate centroid of Longitude 116.475303° East, Latitude 24.199295° South.

    UCL 2 - that Unallocated Crown Land parcel bound on the east and north by Pastoral Lease N050510 (Pingandy) and bound to the west and south by Pastoral Lease N050364 (Mt Vernon) and in the south by UCL 3.

    UCL 3 - that Unallocated Crown Land parcel bound on the north by Pastoral Lease N050510 (Pingandy) and UCL2, bound to the south by Pastoral Lease N050129 (Mt Augustus) and bound to the west by Pastoral Lease N050044 (Dooley Downs).

    UCL 4 - that Unallocated Crown Land parcel in vicinity of Clever Mary Hills bound in the north, west and southeast by Lot 58 on Deposited Plan 194566 and on the east and south east by Lot 40 on Deposited Plan 238040 with an approximate centroid of Longitude 116.762443° East, Latitude 24.845220° South.

    UCL 5 - that Unallocated Crown Land parcel in vicinity of Mt Gould Well surrounding Reserve 1412 and surrounded by Pastoral Lease N050153 (Mt Gould) with an approximate centroid of Longitude 117.308147° East, Latitude 25.810297° South.

    UCL 6 – that Unallocated Crown Land parcel north of Nannine Townsite, south of the Great Northern Highway surrounded by Pastoral Lease N050577 (Annean) with an approximate centroid of Longitude 118.342132° East, Latitude 26.884458° South.

    UCL 7 – that Unallocated Crown Land parcel within the Nannine Townsite, immediately east of Lot 252 on DP222878 with an approximate centroid of Longitude 118.339984° East, Latitude 26.887429° South.

    UCL 8 – that Unallocated Crown Land parcel within the Nannine Townsite, immediately west of Lot 253 on Deposited Plan 222878 with an approximate centroid of Longitude 118.340085° East, Latitude 26.887438° South.

    UCL 9 – that Unallocated Crown Land parcel (closed road) surrounded by N049522 (Youthapina) extending generally northwesterly from the Meekatharra – Mount Clere Road to a southern boundary of Lot 300 on Deposited Plan 48595 (Youthapina P/L).

    UCL 10 – that Unallocated Crown Land parcel (closed road) surrounded by Pastoral Lease N049522 (Youthapina) and Pastoral Lease N049924 (Sherwood) and extending generally northwesterly from the northern boundary of Reserve 9469 to the southern boundary of Reserve 10633.

    UCL 11 – that Unallocated Crown Land parcel (closed road) surrounded by Pastoral Lease N049522 (Youthapina) extending northeasterly from the Carnarvon Meekatharra Road to a western boundary of Reserve 9469.

    UCL 12 – that Unallocated Crown Land parcel (Closed Road) at the end of an un-named road bound on the north and south by Pastoral Lease N050085 (Meeberrie) and the east by Pastoral Lease N049906 (Wooleen) with an approximate centroid of Longitude 116.072513° East, Latitude 26.998873° South.

Note:        Geographic Coordinates provided in Decimal Degrees.

All referenced Deposited Plans and Diagrams are held by the Western Australian Land Information Authority, trading as Landgate.

Cadastral boundaries sourced from Landgate’s Spatial Cadastral Database dated 31st May 2017.

Topographic vector data is © Commonwealth of Australia (Geoscience Australia) 2015.

For the avoidance of doubt the determination excludes any land and waters subject to:

Native Title Determination Application WAD6123/1998 Badimia People (WCD2015/001) as Determined in the Federal Court on the 25/05/2015.

Native Title Determination Application WAD6007/2000 Jurruru People Part A (WCD2015/002) as Determined in the Federal Court on the 1/09/2015.

Native Title Determination Application WAD72/1998 Nharnuwangga Wajarri and Ngarlawangga (WCD2000/001) as Determined in the Federal Court on the 29/08/2000.

Native Title Determination Application WAD6132/1998 Yugunga-Nya People (WC1999/046) as accepted for registration 21/01/2015.

Native Title Determination Application WAD6136/1998 Nanda People (WC2000/013) as accepted for registration 1/03/2001.

Native Title Determination Application WAD6161/1998 Gnulli (WC1997/028) as accepted for registration 13/05/2014.

Native Title Determination Application WAD464/2016 Combined Thiin-Mah Warriyangka, Tharrkari, Jiwarli (WC2016/003) as accepted for registration 21/10/2016.

Native Title Determination Application WAD6193/1998 Widi Mob (WC1997/072) as accepted for registration 01/02/2017.

Native Title Determination Application WAD6119/1998 Mullewa Wadjari Community (WC1996/093) as accepted for registration 5/01/2017.

Native Title Determination Application WAD6236/1998 The Malgana Shark Bay Peoples (WC1998/017) as accepted for registration 30/06/2017.

Native Title Determination Application WAD62/2016 Jurruru #3 (WC2016/001) as accepted for registration 04/08/2016.

Datum:            Geocentric Datum of Australia 1994 (GDA94)

Prepared By:        Graphic Services (Landgate) 25th August 2017

Use of Coordinates:

Where coordinates are used within the description to represent cadastral or topographical boundaries or the intersection with such, they are intended as a guide only. As an outcome to the custodians of cadastral and topographic data continuously recalculating the geographic position of their data based on improved survey and data maintenance procedures, it is not possible to accurately define such a position other than by detailed ground survey.

SCHEDULE TWO

MAPS OF THE PART A DETERMINATION AREA

SCHEDULE THREE

AREAS WHERE NATIVE TITLE DOES NOT EXIST (PARAGRAPH 2)

Native title does not exist in relation to land and waters the subject of the following interests within (or partly within) the Part A Determination Area which, with the exception of the public works described in clause 6 of this Schedule, are generally shown as shaded in pink on the maps at Schedule Two:

1. Freehold

Historical

Current

2. Reserves

Historical

Current

3. Leases

Historical Leases

Special Leases

4. Dedicated roads and roads set aside, taken or resumed

Historical

Current

5. Telstra Corporation Limited's Interests

6. Other Public Works

Any other public works as that expression is defined in the Native Title Act and the Titles (Validation) and Native Title (Effect of Past Acts) Act 1995 (WA) (WA Titles Act) (including the land and waters on which a public work is constructed, established or situated as described in s 251D of the Native Title Act) and to which s 12J of the WA Titles Act or ss 23C(2) of the Native Title Act applies.

SCHEDULE FOUR

OTHER INTERESTS (PARAGRAPH 7)

The nature and extent of the Other Interests in relation to the Part A Determination Area as at the date of this determination are:

1. Reserves

(a)    The following reserves:

(b)    The rights and interests of persons who have the care, control and management of the reserves identified in subparagraph (a) above;

(c)    The rights and interests of persons entitled to access and use the reserves identified in subclause (a) above for the respective purposes for which they are reserved, subject to any statutory limitations upon those rights; and

2. Pastoral Leases

(a)    The following pastoral leases and the rights and interests of the holders from time to time of those pastoral leases:

(b)    Any rights and obligations of the pastoralists pursuant to the pastoral leases referred to in subclause (a) above to adopt and exercise best practice management of the pasture and vegetation resources, livestock and soils within the boundaries of the pastoral leases in order to manage stock and for the management, conservation and regeneration of pasture for permitted uses.

3. Leases

(a)    General Lease L139058 over Lot 502 on Deposited Plan 55945 dated and registered on 13 November 2009, being a lease granted to Commonwealth Scientific and Industrial Research Organisation (ABN 41 687 119 230) pursuant to the Murchison Radio-astronomy Observatory Agreement (entered on the Register of Indigenous Land Use Agreements on 13 November 2009), including the rights and interests of the holders of that lease from time to time.