Stock on behalf of the Nyiyaparli People v State of Western Australia (No 5) [2018] FCA 1453

FEDERAL COURT OF AUSTRALIA

File numbers:	WAD 6280 of 1998 WAD 196 of 2013

Judge:	BARKER J

Date of judgment:	26 September 2018

Catchwords:	NATIVE TITLE – determination of native title by consent pursuant to s 87 of Native Title Act 1993 (Cth) – appropriate to make orders

Legislation:	Native Title Act 1993 (Cth) ss 13(1)(a), 56(2), 61, 63, 66, 66(8), 66(10)(c), 66B, 67, 68, 84A, 87, 94A, 190A, 225 Native Title Amendment Act 1998 (Cth) Sch 5, Pt 3, Item 6 Federal Court Rules 2011 (Cth) R 30.01 Native Title (Prescribed Bodies Corporate) Regulations 1999 (Cth)

Cases cited:	Atkins on behalf of the Gingirana People v State of Western Australia [2017] FCA 1465 Banjima People v State of Western Australia (No 3) [2014] FCA 201 Billy Patch and Others on behalf of the Birriliburu People v State of Western Australia [2008] FCA 944 Brown (on behalf of the Ngarla People) v State of Western Australia [2007] FCA 1025 James on behalf of the Martu People v State of Western Australia [2002] FCA 1208 Jones on behalf of the Yinhawangka People v State of Western Australia [2017] FCA 801 Lander v State of South Australia [2012] FCA 427 Limmerick on behalf of the Ngarlawangga People v State of Western Australia [2016] FCA 1442 Lovett on behalf of the Gunditjmara People v State of Victoria [2007] FCA 474 Munn (for and on behalf of the Gunggari People) v Queensland (2001) 115 FCR 109; [2001] FCA 1229 Peterson on behalf of the Wunna Nyiyaparli People v State of Western Australia [2016] FCA 1528 Peterson on behalf of the Wunna Nyiyaparli People v State of Western Australia [2017] FCA 1056 Sharpe v State of Western Australia [2013] FCA 599 Stock on behalf of the Nyiyaparli People v State of Western Australia (No 2) [2018] FCA 1091 Stock on behalf of the Nyiyaparli People v State of Western Australia (No 3) [2018] FCA 1306 Stock v State of Western Australia [2014] FCA 179 Ward v State of Western Australia [2006] FCA 1848 Watson on behalf of the Nyikina Mangala People v State of Western Australia (No 6) [2014] FCA 545

Date of hearing:	11‑13 June 2014 and 11 July 2016

Date of last submissions:	5 September 2018

Registry:	Western Australia

Division:	General Division

National Practice Area:	Native Title

Category:	Catchwords

Number of paragraphs:	76

Counsel for the Applicant:	Mr SJ Wright SC with Ms KA Holloman

Solicitor for the Applicant:	Yamatji Marlpa Aboriginal Corporation

Counsel for the State of Western Australia:	Mr MS Pudovskis

Solicitor for the State of Western Australia:	State Solicitor’s Office

Counsel for the Rio Tinto Respondents:	Ms FJ Sinclair

Solicitor for the Rio Tinto Respondents:	Rio Tinto Ltd

ORDERS

		WAD 6280 of 1998

BETWEEN:	DAVID STOCK, RAYMOND DRAGE, VICTOR PARKER, BILLY CADIGAN, LEONARD STREAM ON BEHALF OF THE NYIYAPARLI PEOPLE Applicant
AND:	STATE OF WESTERN AUSTRALIA First Respondent SHIRE OF MEEKATHARRA Second Respondent YAMATJI MARLPA ABORIGINAL CORPORATION (and others named in the Schedule) Third Respondent

	WAD 196 of 2013

BETWEEN:	DAVID STOCK, RAYMOND DRAGE, VICTOR PARKER, BILLY CADIGAN, LEONARD STREAM ON BEHALF OF THE NYIYAPARLI PEOPLE Applicant
AND:	STATE OF WESTERN AUSTRALIA First Respondent HAMERSLEY EXPLORATION PTY LTD, HAMERSLEY IRON PTY LTD, HAMERSLEY RESOURCES LTD, HAMERSLEY WA PTY LTD, AND HOPE DOWNS IRON ORE PTY LTD Second Respondents BHP BILLITON MINERALS PTY LTD, ITOCHU MINERALS & ENERGY OF AUSTRALIA PTY LTD, MITSUI IRON ORE CORPORATION PTY LTD, MITSUI-ITOCHU IRON PTY LTD, UNITED IRON PTY LTD, AND PILBARA PASTORAL COMPANY PTY LTD Third Respondents
	ATTORNEY-GENERAL OF THE COMMONWEALTH OF AUSTRALIA Intervener

JUDGE:	BARKER J
DATE OF ORDER:	26 SEPTEMBER 2018

THE COURT NOTES THAT:

A. The applicants in proceedings WAD 6280 of 1998 (Nyiyaparli People Application) and WAD 196 of 2013 (Nyiyaparli #3 Application) (together, the Nyiyaparli Applications) have made native title determination applications that relate to the area of land and waters the subject of the Consent Determination of Native Title (Determination).

B. The applicants in the Nyiyaparli Applications, the State of Western Australia and the other respondents to the proceedings (collectively, the parties) have reached an agreement as to the terms of the Determination which is to be made in relation to the land and waters covered by the Nyiyaparli Applications (the Determination Area). The external boundaries of the Determination Area are described in Schedule One to the Determination.

C. Some of the pastoral group number five respondents have agreed to the terms of the Determination having reached agreement with the applicants in relation to those portions of their respective pastoral leases that are situated within the Determination Area. Following the making of the Determination, those agreements will be executed and applications will be made for the agreements to be registered as Indigenous Land Use Agreements on the Register of Indigenous Land Use Agreements as body corporate agreements pursuant to s 24BG of the Native Title Act 1993 (Cth).

D. The parties have agreed that one or more members of the native title claim groups occupied (within the meaning of s 47B(1)(c) of the Native Title Act) the areas referred to in Recitals F(a) to (e) below as at the date of the Nyiyaparli Applications, and that, but for prior extinguishment, the native title rights in those areas would be those in paragraph 4 of the Determination, but that on the basis of the decision of the Full Court of the Federal Court in BHP Billiton Nickel West Pty Ltd v KN (dec’d) (Tjiwarl and Tjiwarl #2) and Others (2018) 351 ALR 491; [2018] FCAFC 8, s 47B(2) of the Native Title Act cannot apply to those areas because the areas were at the relevant times covered by exploration licences or prospecting licences.

E. The parties have agreed that in the event that the High Court of Australia decides after this Determination that the presence of exploration or prospecting licences or permits as at the date an application is made does not prevent extinguishment of native title from being disregarded under s 47B(2) of the Native Title Act in respect of land or waters covered by such licences or permits, then:

(a) the registered native title body corporate may apply to the Federal Court for a variation of this Determination of native title consistent with Recital F below; and

(b) in the event of such a variation application being made within 12 months of delivery of the relevant decision of the High Court of Australia, or such further period as may be agreed by the parties to this proceeding, each of the parties to this proceeding which is a party to the variation application will consent to the variation application being argued on its merits.

F. The variations to the Determination referred to in Recital E above are:

(a) in clause 2(a) of Schedule Three, to delete all the words from and including “Excluding” to the end of clause 2(a);

(b) in clause 2(b) of Schedule Three, to delete all the words from and including “Excluding” to the end of clause 2(b);

(d) in clause 2(d) of Schedule Three, to delete all the words in sub-paragraph (i);

(e) in clause 2(e) of Schedule Three, to delete all the words from and including “Excluding” to the end of clause 2(e).

G. Nothing in Recitals D to F above prevents any party from opposing a variation to the Determination on the basis of the merits of such application, except to the extent referred to in Recital D.

H. Pursuant to s 87(1) of the Native Title Act, the parties have filed with this Court an agreement in writing setting out the terms of the agreement reached by the parties in relation to the Nyiyaparli Applications.

I. The terms of the agreement involve the making of consent orders for a determination pursuant to s 87 and s 94A of the Native Title Act that native title exists in relation to the land and waters of the Determination Area.

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

K. Pursuant to s 87(2) of the Native Title Act, the parties have requested that the Court determine the Nyiyaparli Applications without holding a hearing.

L. The Applicants in the Nyiyaparli Applications have nominated Karlka Nyiyaparli Aboriginal Corporation ICN 3649 pursuant to s 56(2)(a) of the Native Title Act to hold the determined native title in trust for the native title holders.

BEING SATISFIED THAT a determination in the terms set out at Attachment A would be within the power of the Court, and it appearing to the Court appropriate to do so, pursuant to s 87 and s 94A of the Native Title Act and by consent of the parties:

THE COURT ORDERS THAT:

1. In relation to the Determination Area, there be a determination of native title in WAD 6280 of 1998 and WAD 196 of 2013 in terms of the Determination provided for in Attachment A.

2. Karlka Nyiyaparli Aboriginal Corporation ICN 3649 shall hold the determined native title in trust for the native title holders pursuant to s 56(2)(b) of the Native Title Act.

3. There be no order as to costs.

Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

ATTACHMENT A

DETERMINATION

THE COURT ORDERS, DECLARES AND DETERMINES THAT:

Existence of native title (s 225 Native Title Act)

1. Subject to paragraph 2, native title exists in the Determination Area in the manner set out in paragraphs 4 and 5 of this Determination.

2. Native title does not exist in those parts of the Determination Area the subject of the interests identified in Schedule Four, which are shown as generally shaded pink on the maps in Schedule Two.

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

3. The native title in the Determination Area is held by the Nyiyaparli People. The Nyiyaparli People are the people described in Schedule Seven.

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

Exclusive rights and interests

4. Subject to paragraphs 6, 7, 8, and 11, the nature and extent of the native title rights and interests in relation to the Exclusive Area is:

(a) except in relation to flowing and underground water, the right to possession, occupation, use and enjoyment to the exclusion of all others; and

(b) in relation to flowing and underground water, the right to use and enjoy the flowing and underground water, including:

(i) the right to hunt on, fish from, take and use the traditional resources of the flowing and underground water; and

(ii) the right to take and use the flowing and underground water.

Non-exclusive rights and interests

5. Subject to paragraphs 6, 7, 8, and 11, the nature and extent of the native title rights and interests in relation to the Non-Exclusive Area are that they confer the following non-exclusive rights on the Nyiyaparli People, including the right to conduct activities necessary to give effect to them:

(a) the right to live, being to enter and remain on the land, to camp and erect shelters and other structures for that purpose, and travel over and visit any part of the land and waters of the Non-Exclusive Area;

(b) the right to hunt, fish, gather, take and use the traditional resources of the Non-Exclusive Area;

(d) the right to engage in cultural activities and the transmission of cultural knowledge on the Non-Exclusive Area, including:

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

(ii) conducting ceremony and ritual, including burial and burial rites; and

(e) the right to be accompanied on the Non-Exclusive Area by those people who, though not native title holders and who (for the avoidance of doubt) cannot themselves exercise any native title right in the Determination Area, are:

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

(ii) people required by or entering in connection with traditional law and custom for the performance of ceremonies or cultural activities on the Non-Exclusive Area.

Qualifications on the native title rights and interests

6. The native title rights and interests are subject to and exercisable in accordance with:

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

(b) the traditional laws and customs of the Nyiyaparli People for personal, domestic and communal purposes (including social, cultural, religious, spiritual and ceremonial purposes).

7. Notwithstanding anything in this Determination, there are no native title rights and interests in the Determination Area in relation to:

(a) minerals as defined in the Mining Act 1904 (WA) (repealed) and in the Mining Act 1978 (WA), except to the extent that ochre is not a mineral pursuant to the Mining Act 1904 (WA); or

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

(c) geothermal energy resources and geothermal energy as defined in the Petroleum and Geothermal Energy Resources Act 1967 (WA); or

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

8. The native title rights and interests set out in paragraphs 4(b) and 5 do not confer:

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

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

Areas to which ss 47, 47A or 47B of the Native Title Act apply

9. Sections 47A and 47B of the Native Title Act apply to disregard prior extinguishment in relation to the areas described in clauses 1 and 2, respectively, of Schedule Five.

The nature and extent of any other interests (s 225(c) Native Title Act)

10. The nature and extent of the Other Interests are described in Schedule Six.

Relationship between native title rights and other interests (s 225(d) Native Title Act)

11. Except as otherwise provided for by law, the relationship between the native title rights and interests described in paragraphs 4 and 5 and the Other Interests is that:

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

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

Liberty to Apply

12. The parties have liberty to apply to establish the precise location and boundaries of the public works and adjacent land and waters identified in relation to any part or parts of the Determination Area referred to in clause 5 of Schedule Four of this Determination.

Definitions and Interpretation

13. In this Determination, unless the contrary intention appears:

Commonwealth means Commonwealth of Australia;

Determination Area means the land and waters described in Schedule One and depicted on the maps in Schedule Two;

Exclusive Area means those lands and waters of the Determination Area described in Schedule Three (which areas are generally shown as shaded green on the maps in Schedule Two);

Flowing water means the following water within the Determination Area:

(a) water which flows, whether permanently, intermittently or occasionally, within any river, creek, stream or brook; and

(b) any natural collection of water into, through, or out of which a river, creek, stream or brook flows;

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

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

native title holders means the Nyiyaparli People as described in Schedule Seven and referred to in paragraph 3;

Non-Exclusive Area means those lands and waters of the Determination Area which are not Exclusive Areas or described in paragraph 2 as an area where native title does not exist. These lands and waters are generally shown as shaded yellow on the maps at Schedule Two;

Other Interests means the legal or equitable estates or interests and other rights in relation to the Determination Area described in Schedule Six and referred to in paragraph 10;

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

State means State of Western Australia;

underground water means water from and including an underground water source, including water that percolates from the ground;

use includes by way of share and exchange; and

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

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

SCHEDULE ONE

DETERMINATION AREA

The Determination Area, generally shown as bordered in blue on the maps in Schedule Two, comprises all land and waters in the following descriptions:

WAD6280 of 1998

All those lands and waters commencing at Latitude 22.025709 South and Longitude 120.965618 East and extending southeasterly to a western boundary of Reserve 12297 at Latitude 22.176991; Then southeasterly to Latitude 22.185703 South, Longitude 121.407723 East; Then southwesterly to a western boundary of Reserve 12297 at Latitude 22.267179 South; Then southwesterly to a western boundary of Reserve 12297 at Latitude 22.349350 South; Then southwesterly to an eastern boundary of the eastern severance of Pastoral Lease N049553 (Balfour Downs) at Latitude 22.690004 South; Then southwesterly to a southern boundary of the eastern severance of Pastoral Lease N049553 (Balfour Downs) at Longitude 121.255422 East being a point on the present boundary of Native Title Determination WAD6110/1998 Martu (Area A) (WCD2002/002); Then generally southwesterly along the boundary of that native title determination to an northern boundary of the eastern severance of Pastoral Lease N049553 (Balfour Downs) at Longitude 121.221018 East; Then southwesterly to a southern boundary of the eastern severance of Pastoral Lease N049553 (Balfour Downs) at Longitude 121.145159 East being a point on the present boundary of Native Title Determination WAD6110/1998 Martu (Area A) (WCD2002/002); Then generally southwesterly along the boundary of that native title determination to an eastern boundary of Pastoral Lease N049546 (Robertson Range) at Latitude 23.497899 South; Then southwesterly to Latitude 23.565459 South, Longitude 120.871261 East; Then southwesterly to a southern boundary of the eastern severance of Reserve 41265 at Longitude 120.696113 East being a point on the present boundary of Native Title Determination WAD6110/1998 Martu (Area A) (WCD2002/002); Then southwesterly along the boundary of that native title determination to an eastern boundary of the eastern severance of Pastoral Lease N049890 (Weelarrana) at Latitude 23.751355 South; Then southwesterly to Latitude 23.799908 South, Longitude 120.618550 East; Then southwesterly to a southern boundary of the eastern severance of Pastoral Lease N049890 (Weelarrana) at Longitude 120.568181 East being a point on the present boundary of Native Title Determination WAD6110/1998 Martu (Area A) (WCD2002/002); Then southwesterly along the boundary of that native title determination to Latitude 23.998656 South, Longitude 120.508828 East being a point on the present boundary of Native Title Determination WAD6284/1998 Birriliburu People (Part A) (WCD2008/002); Then westerly and southerly along the boundaries of that native title determination to Latitude 24.012185 South, being a point on the present boundary of Native Title Determination WAD6002/2003 Gingirana (WCD2017/011); Then southwesterly, generally westerly and generally northwesterly along the boundaries of the native title determination to the intersection of the centreline of an unnamed intermittent creek with Latitude 24.424384° South also being a point on the present boundary of Native Title Determination WAD78/2005 Ngarlawangga People (WCD2016/007); Then generally northerly along the boundaries of that native title determination to Latitude 23.800165 South, Longitude 119.730429 East; Then northerly, northwesterly and southwesterly through the following coordinate positions.

LATITUDE (SOUTH)	LONGITUDE (EAST)
23.799776	119.730443
23.517542	119.659365
23.586534	119.564249

Then northwesterly to Latitude 23.505056 South, Longitude 119.363043 East being a point on the present boundary of Native Title Determination WAD78/2005 Ngarlawangga People (WCD2016/007); Then generally northwesterly along the boundary of that native title determination to Latitude 23.249178 South, Longitude 119.141883 East; Then generally northerly and generally westerly through the following coordinate positions.

LATITUDE (SOUTH)	LONGITUDE (EAST)
23.063501	119.155112
23.003843	119.165211
23.003396	119.163741
23.001105	119.153405
23.000125	119.146432
22.999049	119.143061
22.997148	119.136689
22.995623	119.130872

LATITUDE (SOUTH)	LONGITUDE (EAST)
22.332946	119.241060
22.264352	119.938288
22.291786	120.176544
22.389190	120.828284

Then northeasterly back to the commencement point.

Note: Geographic Coordinates provided in Decimal Degrees.

Cadastral boundaries sourced from Landgate’s Spatial Cadastral Database dated 29 March 2018.

For the avoidance of doubt the application excludes any land and waters already claimed by:

Native Title Determination WAD6110/1998 Martu (Area A) (WCD2002/002) as Determined in the Federal Court on 27 September 2002.

Native Title Determination WAD6284/1998 Birriliburu People (Part A) (WCD2008/002) as Determined in the Federal Court on 20 June 2008.

Native Title Determination WAD6002/2003 Gingirana (WCD2017/011) as Determined in the Federal Court on 7 December 2017.

Native Title Determination WAD78/2005 Ngarlawangga People (WCD2016/007) as Determined in the Federal Court on 7 December 2016.

Native Title Determination WAD6096/1998 Banjima People (WCD2014/001) as Determined in the Federal Court on 11 March 2014.

Native Title Determination Application WAD196/2013 Nyiyaparli #3 (WC2013/003) as Registered in the Federal Court on 27 August 2013.

Native Title Determination Application WAD6287/1998 Palyku (WC1999/016) as Registered in the Federal Court on 2 August 1999.

Native Title Determination Application WAD6028/1998 Nyamal (WC1999/008) as Registered in the Federal Court on 28 September 2007.

Native Title Determination Application WAD289/2018 Nyamal Overlap Claim (WC2018/011) as Filed in the Federal Court on 28 June 2018.

Datum: Geocentric Datum of Australia 1994 (GDA94)

Prepared By: Graphic Services (Landgate) 3 August 2018

Use of Coordinates:

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

WAD196 of 2013

AREA 1

All those lands and waters commencing at Latitude 23.063501 South, Longitude 119.155112 East and extending northerly and generally westerly through the following coordinate positions.

LATITUDE (SOUTH)	LONGITUDE (EAST)
23.003843	119.165211
23.003396	119.163741
23.001105	119.153405
23.000125	119.146432
22.999049	119.143061
22.997148	119.136689
22.995623	119.130872

Then westerly to Latitude 22.995316 South, Longitude 119.127503 East, being a point on the present boundary of Native Title Determination WAD6096/1998 Banjima People (WCD2014/001); Then generally southwesterly along the boundaries of that native title determination to Latitude 23.035240 South, Longitude 118.926692 East, being a point on the present boundary of Native Title Determination WAD340/2010 Yinhawangka Part A (WCD2017/003); Then generally southwesterly along the boundaries of that native title determination to Longitude 118.879717 South, being a point on the present boundary of Native Title Determination WAD78/2005 Ngarlawangga People (WCD2016/007); Then southeasterly along the boundary of that native title determination to Latitude 23.249178 South, Longitude 119.141883 East; Then northerly back to the commencement point.

AREA 2

All those lands and waters commencing at Latitude 23.505056 South, Longitude 119.363043 East being a point on the present boundary of Native Title Determination WAD78/2005 Ngarlawangga People (WCD2016/007); Then southeasterly along the boundary of that native title determination to the intersection with a western boundary of Native Title Application WAD6280/1998 Nyiyaparli People (WC2005/006) at Latitude 23.800165 South; Then northerly, northwesterly and southwesterly along the boundaries of that native title application through the following coordinate positions.

LATITUDE (SOUTH)	LONGITUDE (EAST)
23.799776	119.730443
23.517542	119.659365
23.586534	119.564249

Then northwesterly back to the commencement point.

Note: Geographic Coordinates provided in Decimal Degrees.

Cadastral boundaries sourced from Landgate’s Spatial Cadastral Database dated 29 March 2018.

For the avoidance of doubt the application excludes any land and waters already claimed by:

Native Title Determination WAD340/2010 Yinhawangka Part A (WCD2017/003) as Determined in the Federal Court on 18 July 2017.

Native Title Determination WAD78/2005 Ngarlawangga People (WCD2016/007) as Determined in the Federal Court on 7 December 2016.

Native Title Determination WAD6096/1998 Banjima People (WCD2014/001) as Determined in the Federal Court on 11 March 2014.

Native Title Determination Application WAD6280/1998 Nyiyaparli People (WC2005/006) as Registered in the Federal Court on 11 August 2010.

Datum: Geocentric Datum of Australia 1994 (GDA94)

Prepared By: Graphic Services (Landgate) 3 August 2018

Use of Coordinates:

SCHEDULE TWO

MAPS OF THE DETERMINATION AREA

SCHEDULE THREE

EXCLUSIVE AREA (PARAGRAPH 4)

Native title comprises the rights and interests set out in paragraph 4 of the Determination in relation to the following land and waters (which areas are generally shown as shaded in green on the maps in Schedule Two):

1. AREAS WHERE SECTION 47A APPLIES

(a) The following reserves for the purpose of "use and benefit of Aborigines", subject to clause 1(b) below in relation to Reserve 41265:

Reserve No.	Name
Reserve 11463	Well 61
Reserve 41265	Jigalong
Reserve 42835	Parnpajinya

(b) For the avoidance of doubt, the area of Reserve 41265 does not include:

(i) Road 103, being the Jigalong Mission Road as described in Schedule Four, clause 4; or

(ii) Road 14 (Historical), being the Weelarrana-Ethel Creek Road as described in Schedule Four, clause 4

for the purposes of this Schedule Three and paragraph 4 of the Determination.

(c) The following pastoral leases, being leases which were held or on trust expressly for the benefit of Aboriginal peoples within the meaning of s 47A(1)(b)(ii) of the Native Title Act:

Lease No.	Name
PL N049404	Walagunya Station
PL N049420	Mount Divide Station
PL N049546	Robertson Range Station

2. AREAS WHERE SECTION 47B APPLIES

(a) Wonmunna

All those lands and waters commencing at Latitude 23.055742 South, Longitude 119.126278 East and extending easterly and southerly through the following coordinate positions:

LATITUDE (SOUTH)	LONGITUDE (EAST)
23.055741	119.167059
23.077529	119.167926

Then southerly to the intersection with a northern boundary of Lot 183 as shown on Deposited Plan 219300 being a point on the present northern side of the Great Northern Highway at Longitude 119.164336 East; Then generally westerly along the northern boundaries of that highway to Longitude 119.111522 East; Then northeasterly back to the commencement point.

Excluding:

(i) Those parts of the Nyiyaparli (WAD6280 of 1998) claim area which were covered by:

(A) Exploration licence 47/541;

(B) Exploration licence 47/542;

as at the date the Nyiyaparli claim was filed on 29 September 1998.

(ii) Those parts of the Nyiyaparli #3 (WAD196 of 2013) claim area which were covered by:

(A) Exploration licence 47/541;

(B) Exploration licence 47/542;

(D) Exploration licence 47/1137

as at the date the Nyiyaparli #3 claim was filed on 17 June 2013.

(b) Coondiner Creek

PORTION 1

All those lands and waters commencing at Latitude 23.156819 South, Longitude 119.556852 East and extending southeasterly, southwesterly, westerly, northerly, again westerly, northeasterly and again southeasterly through the following coordinate positions:

LATITUDE (SOUTH)	LONGITUDE (EAST)
23.162897	119.572377
23.207231	119.555638
23.205734	119.537131
23.187337	119.538872
23.181974	119.472865
23.160947	119.486818
23.183385	119.544832

Then northeasterly back to the commencement point.

PORTION 2

All those lands and waters commencing at the intersection of a southern boundary of the southwestern severance of Pastoral Lease N050368 (Marillana) with Longitude 119.596290 East; Then easterly and southerly along the boundaries of that pastoral lease to a southwestern corner of the southwestern severance at approximate Latitude 23.000043 South, Longitude 119.636977 East; Then generally southwesterly, northwesterly, southwesterly and again northwesterly through the following coordinate positions:

LATITUDE (SOUTH)	LONGITUDE (EAST)
23.070603	119.608190
23.082976	119.602235
23.121108	119.586613
23.116114	119.573910
23.137363	119.564155
23.115128	119.507541

Then northeasterly back to the commencement point.

Excluding those parts of the Nyiyaparli (WAD6280 of 1998) claim area which were covered by:

(i) Exploration licence 47/427;

(ii) Exploration licence 47/429;

(iii) Exploration licence 47/430;

(iv) Exploration licence 47/751;

(v) Exploration licence 47/807

as at the date the Nyiyaparli claim was filed on 29 September 1998.

All those lands and waters commencing at the intersection of a western boundary of the westernmost northwestern severance of Pastoral Lease N049724 (Ethel Creek) with Latitude 23.190922 South; Then southerly, easterly and again southerly along the boundaries of that pastoral lease to Latitude 23.215004 South; Then northwesterly, generally southwesterly, generally easterly, generally northerly, generally northeasterly, generally easterly, southeasterly and northeasterly through the following coordinate positions:

LATITUDE (SOUTH)	LONGITUDE (EAST)
23.178920	119.734410
23.192118	119.728054
23.199739	119.720011
23.205435	119.708752
23.204508	119.688881
23.205303	119.676429
23.205832	119.662123
23.204508	119.651525
23.201593	119.636424
23.199077	119.624634
23.199209	119.611122
23.202653	119.600922
23.210734	119.589265
23.217225	119.575886
23.225113	119.564712
23.208095	119.566323
23.198679	119.564626
23.186095	119.585688
23.180796	119.604367
23.179520	119.614859
23.182685	119.622950
23.174655	119.626638
23.192299	119.671590
23.181494	119.676552
23.168045	119.724675
23.197239	119.821864
23.181489	119.829449

Then southeasterly back to the commencement point.

Excluding those parts of the Nyiyaparli (WAD6280 of 1998) claim area which were covered by:

(i) Exploration licence 47/427;

(ii) Exploration licence 47/428;

(iii) Exploration licence 47/429;

(iv) Exploration licence 47/751

as at the date the Nyiyaparli claim was filed on 29 September 1998.

(d) Caramulla Creek

All those lands and waters commencing at the intersection of a northern boundary of the western severance of Reserve 41265 with Longitude 120.301861 East; Then northerly to the intersection with a southern boundary of the southern severance of Pastoral Lease N049724 (Ethel Creek) at Longitude 120.300623 East; Then easterly, northerly and again easterly along the boundaries of that pastoral lease to Longitude 120.371035 East; Then southerly to the intersection with a northwestern boundary of Reserve 9700 at Latitude 23.415873 South; Then southwesterly along the northwestern boundaries of that reserve to the intersection with a northern boundary of the western severance of Reserve 41265; Then westerly along the northern boundary of the western severance of that reserve back to the commencement point.

Excluding:

(i) Those parts of the Nyiyaparli (WAD6280 of 1998) claim area which were covered by:

(A) Exploration licence 52/172;

(B) Exploration licence 52/0018;

as at the date the Nyiyaparli claim was filed on 29 September 1998.

(ii) For the avoidance of doubt:

(A) Road 01 (Historical), being part of the old alignment of the Great Northern Highway as described in Schedule Four, clause 4;

(B) Road 14 (Historical), being the Weelarrana-Ethel Creek Road as described in Schedule Four, clause 4.

(e) Mintaramunya (Mount Newman)

All those lands and waters commencing at Latitude 23.273889 South, Longitude 119.594217 East and extending generally westerly, generally southwesterly, again generally westerly, generally northeasterly, generally southeasterly and westerly through the following coordinate positions:

LATITUDE (SOUTH)	LONGITUDE (EAST)
23.274091	119.593396
23.274170	119.593068
23.274241	119.592777
23.274410	119.592110
23.274484	119.591799
23.274525	119.591614
23.274560	119.591441
23.274590	119.591276
23.274615	119.591118
23.274632	119.590997
23.274647	119.590874
23.274673	119.590619
23.274693	119.590350
23.274708	119.590061
23.274717	119.589787
23.274722	119.589480
23.274727	119.588353
23.274727	119.588043
23.274721	119.587718
23.274709	119.587376
23.274690	119.587009
23.274670	119.586693
23.274645	119.586339
23.274556	119.585205
23.274526	119.584807
23.274501	119.584433
23.274482	119.584094
23.274469	119.583786
23.274460	119.583493
23.274456	119.583213
23.274457	119.582944
23.274460	119.582788
23.274465	119.582625
23.274472	119.582453
23.274482	119.582270
23.274504	119.581926
23.274566	119.581084
23.274581	119.580851
23.274592	119.580641
23.274600	119.580414
23.274605	119.580201
23.274605	119.579999
23.274602	119.579805
23.274597	119.579707
23.274590	119.579604
23.274579	119.579496
23.274566	119.579381
23.274534	119.579156
23.274466	119.578734
23.274440	119.578563
23.274417	119.578388
23.274401	119.578231
23.274394	119.578140
23.274390	119.578053
23.274387	119.577969
23.274388	119.577887
23.274390	119.577808
23.274395	119.577731
23.274402	119.577656
23.274412	119.577583
23.274431	119.577470
23.274456	119.577352
23.274487	119.577229
23.274524	119.577098
23.274559	119.576983
23.274601	119.576856
23.274751	119.576427
23.274806	119.576264
23.274987	119.575711
23.275091	119.575399
23.275192	119.575107
23.275288	119.574846
23.275389	119.574590
23.275490	119.574352
23.275541	119.574238
23.275592	119.574129
23.275644	119.574022
23.275697	119.573918
23.275765	119.573792
23.275840	119.573662
23.275922	119.573528
23.276014	119.573387
23.276101	119.573260
23.276199	119.573119
23.276558	119.572622
23.276701	119.572419
23.276844	119.572207
23.276907	119.572107
23.276966	119.572012
23.277055	119.571861
23.277146	119.571701
23.277240	119.571532
23.277339	119.571350
23.277517	119.571009
23.277940	119.570188
23.278055	119.569968
23.278161	119.569772
23.278343	119.569444
23.278536	119.569104
23.278743	119.568747
23.278967	119.568367
23.279164	119.568037
23.279386	119.567671
23.280382	119.566037
23.280638	119.565611
23.280866	119.565224
23.281094	119.564832
23.281304	119.564460
23.281502	119.564104
23.281687	119.563759
23.281886	119.563380
23.282089	119.562983
23.282301	119.562564
23.282524	119.562113
23.282724	119.561704
23.282945	119.561248
23.283877	119.559304
23.284527	119.557972
23.284770	119.557471
23.284903	119.557189
23.285026	119.556926
23.285141	119.556675
23.285248	119.556434
23.285400	119.556099
23.285697	119.555465
23.285816	119.555208
23.285935	119.554939
23.286038	119.554697
23.286094	119.554556
23.286147	119.554419
23.286195	119.554286
23.286240	119.554156
23.286281	119.554029
23.286319	119.553904
23.286354	119.553781
23.286385	119.553660
23.286438	119.553432
23.286487	119.553202
23.286530	119.552969
23.286569	119.552734
23.286602	119.552498
23.286629	119.552262
23.286652	119.552026
23.286669	119.551792
23.286676	119.551645
23.286679	119.551495
23.286680	119.551341
23.286677	119.551184
23.286670	119.551023
23.286661	119.550856
23.286647	119.550685
23.286631	119.550506
23.286613	119.550346
23.286593	119.550178
23.286543	119.549812
23.286490	119.549466
23.286370	119.548714
23.286324	119.548413
23.286256	119.547961
23.286183	119.547514
23.286107	119.547074
23.286026	119.546639
23.285941	119.546210
23.285852	119.545786
23.285759	119.545368
23.285661	119.544956
23.285611	119.544758
23.285549	119.544539
23.285485	119.544324
23.285316	119.543778
23.285269	119.543620
23.285229	119.543477
23.285187	119.543317
23.285150	119.543166
23.285119	119.543023
23.285092	119.542884
23.285057	119.542673
23.285025	119.542458
23.284997	119.542239
23.284972	119.542017
23.284952	119.541790
23.284935	119.541561
23.284921	119.541329
23.284912	119.541093
23.284900	119.540659
23.284898	119.540498
23.284899	119.540352
23.284903	119.540209
23.284910	119.540075
23.284920	119.539948
23.284933	119.539826
23.284942	119.539754
23.284955	119.539680
23.284971	119.539604
23.284989	119.539523
23.285011	119.539435
23.285038	119.539339
23.285155	119.538950
23.285202	119.538779
23.285225	119.538686
23.285244	119.538598
23.285259	119.538515
23.285271	119.538434
23.285285	119.538296
23.285295	119.538150
23.285301	119.537996
23.285302	119.537830
23.285300	119.537691
23.285295	119.537537
23.285267	119.536960
23.285258	119.536719
23.285244	119.535850
23.285239	119.535641
23.285232	119.535453
23.285221	119.535247
23.285208	119.535055
23.285191	119.534873
23.285171	119.534700
23.285156	119.534559
23.285121	119.534182
23.285108	119.534071
23.285092	119.533973
23.285070	119.533863
23.285044	119.533763
23.285012	119.533671
23.284995	119.533628
23.284976	119.533586
23.284939	119.533512
23.284899	119.533440
23.284859	119.533371
23.284816	119.533306
23.284773	119.533245
23.284729	119.533189
23.284684	119.533137
23.284638	119.533090
23.284600	119.533055
23.284560	119.533020
23.284516	119.532986
23.284469	119.532952
23.284420	119.532919
23.284368	119.532886
23.284256	119.532824
23.284192	119.532792
23.284124	119.532766
23.284053	119.532743
23.283979	119.532725
23.283902	119.532710
23.283821	119.532700
23.283736	119.532694
23.283647	119.532692
23.283562	119.532693
23.283473	119.532698
23.283378	119.532706
23.283276	119.532718
23.283091	119.532744
23.282750	119.532801
23.282619	119.532821
23.282478	119.532839
23.282149	119.532869
23.282001	119.532885
23.281922	119.532897
23.281850	119.532910
23.281782	119.532924
23.281719	119.532939
23.281649	119.532960
23.281585	119.532984
23.281524	119.533010
23.281468	119.533039
23.281416	119.533071
23.281367	119.533106
23.281323	119.533144
23.281282	119.533185
23.281249	119.533225
23.281215	119.533272
23.281182	119.533324
23.281093	119.533473
23.281064	119.533518
23.281036	119.533555
23.280949	119.533668
23.280901	119.533725
23.280852	119.533774
23.280829	119.533793
23.280806	119.533810
23.280772	119.533829
23.280734	119.533843
23.280692	119.533852
23.280645	119.533857
23.280600	119.533857
23.280550	119.533855
23.280360	119.533832
23.280283	119.533826
23.280242	119.533826
23.280205	119.533828
23.280171	119.533833
23.280140	119.533841
23.280091	119.533857
23.280042	119.533877
23.279991	119.533902
23.279937	119.533932
23.279839	119.533995
23.279605	119.534158
23.279540	119.534198
23.279481	119.534232
23.279388	119.534278
23.279174	119.534379
23.279078	119.534426
23.279006	119.534465
23.278932	119.534510
23.278856	119.534560
23.278775	119.534617
23.278703	119.534672
23.278623	119.534734
23.278347	119.534960
23.278237	119.535047
23.278123	119.535132
23.278019	119.535203
23.277958	119.535241
23.277898	119.535275
23.277840	119.535305
23.277783	119.535332
23.277726	119.535355
23.277670	119.535376
23.277614	119.535393
23.277558	119.535406
23.277483	119.535420
23.277404	119.535432
23.277321	119.535441
23.277234	119.535448
23.277143	119.535452
23.277045	119.535453
23.276941	119.535453
23.276825	119.535450
23.276760	119.535446
23.276689	119.535439
23.276367	119.535394
23.276290	119.535385
23.276221	119.535381
23.276010	119.535369
23.275897	119.535367
23.275843	119.535368
23.275793	119.535372
23.275745	119.535377
23.275701	119.535385
23.275656	119.535396
23.275611	119.535411
23.275566	119.535430
23.275521	119.535452
23.275476	119.535478
23.275431	119.535508
23.275385	119.535542
23.275338	119.535580
23.275261	119.535651
23.275176	119.535736
23.275098	119.535821
23.274918	119.536023
23.274830	119.536116
23.274750	119.536194
23.274675	119.536259
23.274259	119.536600
23.273998	119.536809
23.273754	119.536996
23.273640	119.537081
23.273529	119.537160
23.273402	119.537251
23.273108	119.537468
23.272974	119.537564
23.272832	119.537662
23.272703	119.537745
23.272632	119.537788
23.272562	119.537828
23.272494	119.537864
23.272428	119.537897
23.272362	119.537927
23.272298	119.537954
23.272234	119.537977
23.272171	119.537999
23.272103	119.538018
23.272031	119.538033
23.271955	119.538045
23.271873	119.538055
23.271791	119.538061
23.271699	119.538065
23.271338	119.538069
23.271184	119.538076
23.271101	119.538082
23.271025	119.538091
23.270953	119.538104
23.270884	119.538118
23.270669	119.538171
23.270540	119.538207
23.270479	119.538227
23.270423	119.538248
23.270371	119.538271
23.270322	119.538295
23.270267	119.538328
23.270208	119.538371
23.270142	119.538426
23.270008	119.538551
23.269948	119.538602
23.269884	119.538652
23.269853	119.538671
23.269823	119.538689
23.269789	119.538706
23.269753	119.538722
23.269716	119.538736
23.269677	119.538748
23.269636	119.538759
23.269594	119.538767
23.269504	119.538779
23.269413	119.538785
23.269311	119.538786
23.269205	119.538782
23.268913	119.538766
23.268826	119.538765
23.268748	119.538766
23.268660	119.538772
23.268580	119.538783
23.268506	119.538800
23.268437	119.538821
23.268369	119.538850
23.268299	119.538886
23.268228	119.538931
23.268154	119.538984
23.268090	119.539034
23.268020	119.539094
23.267795	119.539298
23.267712	119.539371
23.267630	119.539437
23.267555	119.539493
23.267476	119.539542
23.267401	119.539582
23.267363	119.539599
23.267326	119.539613
23.267289	119.539625
23.267252	119.539634
23.267201	119.539644
23.267144	119.539651
23.267077	119.539656
23.266869	119.539665
23.266803	119.539672
23.266745	119.539683
23.266663	119.539703
23.266579	119.539729
23.266492	119.539761
23.266402	119.539799
23.266309	119.539842
23.266212	119.539891
23.266108	119.539948
23.265995	119.540014
23.265922	119.540060
23.265849	119.540111
23.265773	119.540168
23.265694	119.540233
23.265627	119.540292
23.265553	119.540358
23.265240	119.540650
23.265166	119.540717
23.265097	119.540775
23.264944	119.540899
23.264776	119.541034
23.263993	119.541646
23.263806	119.541794
23.263640	119.541929
23.263406	119.542126
23.263147	119.542349
23.262904	119.542564
23.262338	119.543068
23.262061	119.543311
23.261808	119.543527
23.261575	119.543720
23.261406	119.543851
23.261216	119.543992
23.261021	119.544129
23.260498	119.544492
23.260344	119.544602
23.260207	119.544704
23.260054	119.544823
23.259915	119.544939
23.259786	119.545053
23.259667	119.545168
23.259557	119.545280
23.259448	119.545397
23.259339	119.545517
23.259231	119.545641
23.259124	119.545770
23.259018	119.545902
23.258912	119.546038
23.258807	119.546178
23.258704	119.546321
23.258601	119.546469
23.258499	119.546620
23.258398	119.546774
23.258298	119.546933
23.258200	119.547094
23.258102	119.547259
23.258006	119.547427
23.257927	119.547572
23.257848	119.547719
23.257771	119.547869
23.257696	119.548023
23.257622	119.548179
23.257550	119.548338
23.257479	119.548500
23.257409	119.548665
23.257341	119.548832
23.257275	119.549002
23.257210	119.549175
23.257147	119.549350
23.257085	119.549527
23.257026	119.549706
23.256968	119.549888
23.256912	119.550072
23.256855	119.550265
23.256802	119.550452
23.256752	119.550633
23.256707	119.550809
23.256664	119.550981
23.256624	119.551150
23.256587	119.551314
23.256554	119.551476
23.256523	119.551635
23.256495	119.551791
23.256471	119.551944
23.256449	119.552094
23.256430	119.552242
23.256414	119.552387
23.256401	119.552530
23.256390	119.552670
23.256383	119.552843
23.256381	119.553019
23.256386	119.553200
23.256398	119.553384
23.256416	119.553573
23.256440	119.553768
23.256472	119.553970
23.256509	119.554180
23.256545	119.554354
23.256585	119.554537
23.256631	119.554728
23.256682	119.554934
23.256784	119.555314
23.257039	119.556230
23.257104	119.556476
23.257160	119.556698
23.257215	119.556931
23.257262	119.557149
23.257302	119.557358
23.257336	119.557558
23.257387	119.557902
23.257441	119.558286
23.257613	119.559589
23.257681	119.560086
23.257751	119.560571
23.257917	119.561685
23.257992	119.562210
23.258172	119.563468
23.258250	119.564042
23.258287	119.564341
23.258319	119.564621
23.258347	119.564887
23.258370	119.565142
23.258377	119.565242
23.258381	119.565354
23.258383	119.565474
23.258384	119.565823
23.258387	119.565932
23.258392	119.566029
23.258402	119.566139
23.258415	119.566241
23.258433	119.566336
23.258456	119.566426
23.258489	119.566536
23.258528	119.566646
23.258572	119.566757
23.258621	119.566867
23.258674	119.566975
23.258731	119.567081
23.258791	119.567184
23.258854	119.567284
23.258886	119.567329
23.258921	119.567375
23.258961	119.567421
23.259004	119.567468
23.259099	119.567563
23.259300	119.567750
23.259384	119.567830
23.259427	119.567875
23.259467	119.567919
23.259502	119.567961
23.259535	119.568003
23.259577	119.568061
23.259617	119.568122
23.259657	119.568185
23.259696	119.568252
23.259734	119.568321
23.259772	119.568394
23.259809	119.568471
23.259846	119.568553
23.259905	119.568693
23.259967	119.568852
23.260024	119.569005
23.260154	119.569365
23.260220	119.569539
23.260283	119.569695
23.260344	119.569834
23.260383	119.569915
23.260428	119.570003
23.260482	119.570103
23.260647	119.570398
23.260697	119.570493
23.260739	119.570579
23.260784	119.570679
23.260820	119.570773
23.260849	119.570865
23.260871	119.570953
23.260883	119.571024
23.260891	119.571098
23.260894	119.571177
23.260893	119.571261
23.260888	119.571348
23.260879	119.571444
23.260831	119.571823
23.260822	119.571908
23.260815	119.571983
23.260811	119.572069
23.260811	119.572148
23.260815	119.572223
23.260822	119.572293
23.260835	119.572362
23.260851	119.572432
23.260872	119.572502
23.260898	119.572573
23.260928	119.572644
23.260963	119.572717
23.261002	119.572791
23.261047	119.572867
23.261087	119.572930
23.261130	119.572994
23.261230	119.573133
23.261332	119.573265
23.261579	119.573575
23.261697	119.573733
23.261752	119.573810
23.261801	119.573884
23.261846	119.573955
23.261885	119.574024
23.261920	119.574090
23.261952	119.574156
23.261979	119.574220
23.262003	119.574284
23.262024	119.574347
23.262041	119.574410
23.262054	119.574473
23.262064	119.574535
23.262073	119.574619
23.262080	119.574707
23.262085	119.574799
23.262088	119.574896
23.262089	119.574998
23.262087	119.575107
23.262077	119.575357
23.262068	119.575469
23.262051	119.575593
23.262032	119.575711
23.261982	119.575986
23.261961	119.576119
23.261947	119.576239
23.261941	119.576348
23.261940	119.576501
23.261945	119.576658
23.261956	119.576820
23.261973	119.576986
23.261997	119.577158
23.262026	119.577334
23.262062	119.577517
23.262105	119.577706
23.262157	119.577920
23.262201	119.578079
23.262223	119.578151
23.262246	119.578219
23.262270	119.578283
23.262294	119.578343
23.262323	119.578406
23.262360	119.578474
23.262398	119.578537
23.262489	119.578682
23.262531	119.578754
23.262565	119.578820
23.262591	119.578882
23.262614	119.578948
23.262633	119.579018
23.262649	119.579094
23.262663	119.579176
23.262672	119.579248
23.262680	119.579331
23.262700	119.579605
23.262709	119.579707
23.262720	119.579806
23.262735	119.579894
23.262813	119.580333
23.262836	119.580452
23.262860	119.580557
23.262887	119.580667
23.262917	119.580768
23.262949	119.580862
23.262983	119.580951
23.263006	119.581000
23.263031	119.581051
23.263060	119.581102
23.263092	119.581157
23.263164	119.581266
23.263316	119.581483
23.263379	119.581575
23.263440	119.581675
23.263489	119.581767
23.263545	119.581885
23.263598	119.582010
23.263649	119.582141
23.263698	119.582278
23.263746	119.582423
23.263792	119.582576
23.263838	119.582738
23.263883	119.582913
23.263908	119.583027
23.263931	119.583155
23.263949	119.583279
23.263986	119.583572
23.264009	119.583716
23.264035	119.583850
23.264050	119.583910
23.264065	119.583968
23.264079	119.584012
23.264095	119.584057
23.264136	119.584155
23.264180	119.584247
23.264295	119.584476
23.264324	119.584540
23.264349	119.584598
23.264373	119.584662
23.264393	119.584724
23.264407	119.584782
23.264417	119.584840
23.264425	119.584916
23.264429	119.584997
23.264429	119.585083
23.264425	119.585174
23.264417	119.585269
23.264404	119.585372
23.264388	119.585487
23.264364	119.585631
23.264353	119.585687
23.264338	119.585746
23.264320	119.585807
23.264298	119.585872
23.264252	119.585992
23.264133	119.586273
23.264105	119.586347
23.264081	119.586414
23.264061	119.586484
23.264045	119.586551
23.264034	119.586615
23.264027	119.586676
23.264024	119.586766
23.264027	119.586860
23.264036	119.586960
23.264051	119.587067
23.264069	119.587166
23.264093	119.587277
23.264197	119.587717
23.264234	119.587874
23.264280	119.588048
23.264328	119.588212
23.264444	119.588598
23.264498	119.588789
23.264542	119.588961
23.264628	119.589346
23.264669	119.589516
23.264694	119.589607
23.264720	119.589692
23.264746	119.589772
23.264774	119.589846
23.264824	119.589973
23.264866	119.590075
23.264907	119.590167
23.264946	119.590250
23.264986	119.590329
23.265026	119.590401
23.265067	119.590468
23.265109	119.590530
23.265141	119.590573
23.265178	119.590616
23.265219	119.590659
23.265265	119.590701
23.265315	119.590744
23.265371	119.590789
23.265603	119.590959
23.265699	119.591035
23.265749	119.591079
23.265794	119.591122
23.265834	119.591164
23.265870	119.591208
23.265932	119.591292
23.265992	119.591383
23.266052	119.591482
23.266111	119.591589
23.266169	119.591703
23.266228	119.591829
23.266289	119.591969
23.266360	119.592139
23.266380	119.592192
23.266400	119.592248
23.266418	119.592309
23.266435	119.592375
23.266464	119.592500
23.266529	119.592813
23.266549	119.592899
23.266570	119.592974
23.266596	119.593054
23.266624	119.593128
23.266654	119.593194
23.266688	119.593255
23.266724	119.593310
23.266765	119.593365
23.266812	119.593419
23.266866	119.593475
23.266918	119.593525
23.266978	119.593578
23.267201	119.593763
23.267289	119.593841
23.267335	119.593884
23.267376	119.593925
23.267413	119.593965
23.267448	119.594005
23.267486	119.594054
23.267524	119.594107
23.267563	119.594164
23.267603	119.594228
23.267673	119.594348
23.267694	119.594387
23.267694	119.594217

Then southerly back to the commencement point.

Excluding those parts of the Nyiyaparli (WAD6280 of 1998) claim area which were covered by:

(i) Exploration licence E47/280;

(ii) Exploration licence E47/751;

(iii) Exploration licence E47/807

as at the date the Nyiyaparli claim was filed on 29 September 1998.

(f) Jimblebar Creek

All those lands and waters commencing at the intersection of a northern boundary of Pastoral Lease N049932 (Sylvania) with Longitude 120.216343 East; Then westerly along the northern boundary of that pastoral lease to Longitude 120.160604 East; Then northerly through the following coordinate positions:

LATITUDE (SOUTH)	LONGITUDE (EAST)
23.362113	120.160593
23.289470	120.160593

Then northwesterly to a southeastern corner of the southern severance of Pastoral Lease N049724 (Ethel Creek) at approximate Latitude 23.266514 South, Longitude 120.157687 East; Then northerly and easterly along the boundaries of that pastoral lease to Longitude 120.216406 East; Then southerly back to the commencement point.

Excluding:

(i) That part of the Nyiyaparli (WAD6280 of 1998) claim area which was covered by mining lease AM 7000266 (M266SA) as at the date the Nyiyaparli claim was filed on 29 September 1998.

(ii) For the avoidance of doubt, Road 01 (Historical), being part of the old alignment of the Great Northern Highway as described in Schedule Four, clause 4.

Note in respect of technical descriptions in Schedule Three, clause 2:

Geographic Coordinates provided in Decimal Degrees.

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

Cadastral boundaries sourced from Landgate’s Spatial Cadastral Database dated 29 March 2018.

Datum: Geocentric Datum of Australia 1994 (GDA94)

Prepared By: Graphic Services (Landgate) 7 August 2018

Use of Coordinates:

SCHEDULE FOUR

AREAS WHERE NATIVE TITLE DOES NOT EXIST (PARAGRAPH 2)

Native title does not exist in relation to land and waters the subject of the following interests within the Determination Area which, with the exception of public works (as described in clause 5 of this Schedule), are generally shown as shaded in pink on the maps in Schedule Two:

1. FREEHOLD

Grants of estates in fee simple within the Determination Area including the following:

Freehold No.

CT0110700649

CT0128700662

CT0129200383

CT0129200384

CT0150300791

CT0218200337

CT0284500317

CT0284500318

2. RESERVES

Reserve No.	Current / Last Purpose
17562	Water
17563	Water Supply and Battery Site
37344	Quarry Purposes
41155	Repeater Station Site
41702	Repeater Station Site
42274	Repeater Station Site
43076	Regenerator Site
43277	Regenerator Site
44274	Rubbish Disposal Site
44387	Recreation (Gun Club and Rifle Club)

3. LEASES

(a) Grants of the following leases, subject to clause 3(b) below in respect of special leases GE N088235 (formerly 3116/03684), 3116/03685 and 3116/03686:

Lease No.	Current / Last Purpose
GE I123595	Quarry for the production of railway ballast a stockpile area for the storage of the said railway ballast and other materials and equipment and a site for maintenance and construction workers' accommodation workshops and ancillary facilities for the requirements of the Lessees in the operation and maintenance of the railway constructed pursuant to the Agreement
GE I126374	Laying out development construction and provision of a water supply and ancillary installations and facilities for drawing conserving reticulating and supplying water for the requirements of the Lessees in the operation and maintenance of the railway constructed pursuant to the Agreement
GE I126948	Railway spur
GE I154279 (formerly 3116/03687)	Construction development maintenance use and operation of (i) a railway and a service road between the mine and the port (ii) all works facilities and services ancillary to the railway and service road referred to above
GE I163682	Construction development maintenance use and operation of radio communications and ancillary installations and facilities
GE J717063	The final design, construction, use, operation and maintenance of a rail spur line and associated access road from the Mining Lease to the West Angelas Spur Line together with associated infrastructure as detailed in the Approved Proposals and for ancillary and incidental purposes thereto including in accordance with the Approved Proposals the construction, use, operation and maintenance of borrow pits for the taking of soil and of water bores
GE J717064	The final design, construction, use and maintenance of a private access road from the Great Northern Highway to the Mining Lease to service the mining operations area and permanent accommodation village and for ancillary and incidental purposes thereto including in accordance with the Approved Proposals the construction, use, operation and maintenance of borrow pits and of water bores
GE N088235 (formerly 3116/03684)	The construction development maintenance use and operation of - (i) a water supply for supplying water to the Mineral Lease and to the other areas demised to the Lessees in the vicinity of the Mineral Lease; and (ii) all installations and facilities for conserving drawing reticulating and supplying water to the Mineral Lease and to the other areas demised to the Lessees in the vicinity of the Mineral Lease ancillary to all or any of the improvements referred to in paragraph (i)
GE N105667 (formerly 3116/04028)	Construction development maintenance use and operation of radio communications and ancillary installations and facilities
3116/02717	Grazing
3116/03683	Construction development maintenance use and operation of an aerodrome and ancillary installations and facilities
3116/03685	Construction development maintenance use and operation of - (i) the greenbelt roads and ancillary facilities and amenities for the mine townsite and the town common surrounding the mine townsite (ii) the control by the Lessees of any undesirable persons or elements who or which are or may be attracted to or in the vicinity of the said townsite or to any other operations in the vicinity thereof; (iii) all works facilities and improvements ancillary to all or any of the matters referred to in paragraphs (i) and (ii) of this sub-clause
3116/03686	Construction development maintenance use and operation of - (i) a townsite for the purpose of the Lessees' operations contemplated in the Agreement; (ii) without limiting the foregoing the townsite, housing, shopping facilities, health, educational, social, recreational and welfare services, amenities, benefits and facilities, communication facilities and other residential and community services, utilities and facilities for the mine townsite; (iii) the railway and service road constructed pursuant to the Agreement; (iv) all works facilities and services ancillary to all or any of the improvements and matters referred to in paragraphs (i), (ii) and (iii)

(b) In respect of special leases GE N088235 (formerly 3116/03684), 3116/03685 and 3116/03686 listed above, the relevant area is the area originally granted (meaning, in the case of GE N088235 (formerly 3116/03684), the area originally granted under special lease 3116/03684 for the avoidance of doubt), but omitting:

(i) Reserve 42835 (Parnpajinya), being an area to which s 47A of the Native Title Act applies as set out in Schedule Five, clause 1; and

(ii) The following areas of unallocated Crown land, being areas to which s 47B of the Native Title Act applies as set out in Schedule Five, clause 2:

Area	Description / location
UCL 002	Lot 401 on DP 71872
UCL 005	Lot 402 on DP 71872
UCL 021	Lot 370 on DP 71869
UCL 022	Lot 349 on DP 74327
UCL 024	Lot 352 on DP 74327
UCL 026	Lot 353 on DP 74327
UCL 029	Lot 369 on DP 71870
UCL 030	Lot 510 on DP 73722
UCL 031	Lot 300 on DP 65155
UCL 032	Lot 510 on DP 73722
UCL 033	Lot 301 on DP 47460
UCL 034	Lot 348 on DP 71871
UCL 036	Lot 552 on DP 71668
UCL 039	Lot 1789 on DP 216374
UCL 043	Lot 72 on DP 216352, except to the extent covered by mineral lease AML700244 as at 29 September 1998
UCL 049	Lot 550 on DP 71666
UCL 050	Lot 1500 on DP 215129
UCL 052	Lot 300 on DP 64866
UCL 055	Lot 1976 on DP 216852
UCL 057	Lot 551 on DP 71667
UCL 093	Area bounded by Road 010, UCL 023 (Lot 2354 on DP 218837), general lease GE K858923, special lease 3116/03684, general lease GE I150289 and reserves 38674 and 39117, being the area of unallocated Crown land generally south of UCL 029 (Lot 369 on DP 71870) and UCL 032 (Lot 510 on DP 73722)
UCL 094	Area bounded by Road 010 and reserves 38674 and 39117

4. ROADS

Dedicated roads, roads set aside, taken or resumed, or roads which are to be considered public works (as that expression is defined in the Native Title Act and the Titles (Validation) and Native Title (Effect of Past Acts) Act 1995 (WA)), including the following:

MapInfo ID	Description	Shown in
ROAD 084	Road No. 3857 (part of Marble Bar Road)	Roy Hill 1:250,000 cadastral map dated April 1968 Government Gazette dated 10 June 1910, 1 April 1977 and 14 September 1979
ROAD 085	Road No. 14501	Original plan 11376 Government Gazette dated 3 March 1972
ROAD 086	Road No. 15053 (part of Marble Bar Road)	Roy Hill 1:250,000 (250) Public Plan prepared 4 October 1988 Government Gazette dated 19 July 1974
ROAD 102	Road No. 4274	Public Plan 503168 (99/300 No.3) cancelled on 8 February 1923 Public Plan 503101 (90/300 No.2) cancelled on 1 June 1916 Public Plan 506518 (80/300 No.2) cancelled on 31 October 1916
ROAD 103	Jigalong Mission Road	Public Plan 503111 (99/300 No.8) cancelled on 20 January 1971 Public Plan 506520A (80/300 No.5) cancelled on 24 April 1946 Government Gazette dated 10 March 1944
ROAD 104	Road No. 9170 (Noreena-Roy Hill Road)	Public Plan 503165 (98/300 No.8) cancelled on 16 July 1965 Government Gazette dated 3 and 10 March 1933
ROAD 105	Road No. 9169 (Munjina-Roy Hill Road)	Public plan 503165 (98/300 No.8) cancelled on 16 July 1965 Government Gazette dated 3 and 10 March 1933
ROAD 106	Road No. 8172	Public plan 503111 (91/300 No.8) cancelled on 20 January 1971 Public Plan 506523 (80/300) cancelled on 20 January 1972 Government Gazette dated 6 and 13 September 1929, 14 December 1951 and 18 January 1952
ROAD 107	Road No. 6588	Public Plan 503111 (91/300 No.8) cancelled on 20 January 1971 Public Plan 506523 (80/300) cancelled on 20 January 1972 Government Gazette dated 24 February 1922 and 3 March 1922
ROAD 01 (Historical)	Part of old alignment of Great Northern Highway	Public Plan 503111 (91/300 No.8) cancelled on 20 January 1971 Robertson SF51-13 topographic map published 1965 Roberston (250) Public Plan dated 1991
ROAD 13 (Historical)	Road No. 3857	Public Plan 503160 (98/300 No.4) cancelled on 6 May 1921 Government Gazette dated 10 June 1910, 1 April 1977 and 14 September 1979
ROAD 14 (Historical)	Weelarrana-Ethel Creek Road (part of old alignment of Great Northern Highway)	Public Plan 503111 (91/300 No.8) cancelled on 20 January 1971 Government Gazette dated 10 March 1944 and 27 November 1987
ROAD 15 (Historical)	Road No. 8172	Public Plan 503109 (91/300 No. 6) cancelled on 7 September 1937 Government Gazette dated 6 September 1929

5. PUBLIC WORKS

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

SCHEDULE FIVE

AREAS TO WHICH SECTIONS 47A AND 47B OF THE NATIVE TITLE ACT APPLY (PARAGRAPH 9)

1. SECTION 47A AREAS:

Section 47A of the Native Title Act applies with the effect that any extinguishment by the creation of the following interests (and by the creation of any other prior interests in relation to the area of the following interests) is to be disregarded:

(a) The following reserves for the purpose of "use and benefit of Aborigines", subject to clause 1(b) below in relation to Reserve 41265:

Reserve No.	Name
Reserve 11463	Well 61
Reserve 41265	Jigalong
Reserve 42835	Parnpajinya

(b) For the avoidance of doubt, the area of Reserve 41265 does not include:

(i) Road 103, being the Jigalong Mission Road as described in Schedule Four, clause 4; or

(ii) Road 14 (Historical), being the Weelarrana-Ethel Creek Road as described in Schedule Four, clause 4

for the purposes of this Schedule Five and paragraph 9 of the Determination.

(c) The following pastoral leases, being leases which were held or on trust expressly for the benefit of Aboriginal peoples within the meaning of s 47A(1)(b)(ii) of the Native Title Act:

Lease No.	Name
PL N049404	Walagunya Station
PL N049420	Mount Divide Station
PL N049546	Robertson Range Station

2. SECTION 47B AREAS:

Section 47B of the Native Title Act applies with the effect that any extinguishment over the following areas by the creation of a prior interest (to the extent that the areas were not covered by an interest described in s 47B(1)(b)(i) or (ii) or subject to a resumption process as described in s 47B(1)(b)(iii) of the Native Title Act when the relevant native title determination application was made) is to be disregarded:

Area	Description / location
Wonmunna	As described in Schedule Three, clause 2(a)
Coondiner Creek	As described in Schedule Three, clause 2(b)
Karlka (Kalgan Creek)	As described in Schedule Three, clause 2(c)
Caramulla Creek	As described in Schedule Three, clause 2(d)
Mintaramunya (Mount Newman)	As described in Schedule Three, clause 2(e)
Jimblebar Creek	As described in Schedule Three, clause 2(f)
UCL 002	Lot 401 on DP 71872
UCL 005	Lot 402 on DP 71872
UCL 021	Lot 370 on DP 71869
UCL 022	Lot 349 on DP 74327
UCL 024	Lot 352 on DP 74327
UCL 026	Lot 353 on DP 74327
UCL 029	Lot 369 on DP 71870
UCL 030	Lot 510 on DP 73722
UCL 031	Lot 300 on DP 65155
UCL 032	Lot 510 on DP 73722
UCL 033	Lot 301 on DP 47460
UCL 034	Lot 348 on DP 71871
UCL 036	Lot 552 on DP 71668
UCL 039	Lot 1789 on DP 216374
UCL 043	Lot 72 on DP 216352, except to the extent covered by mineral lease AML700244 as at 29 September 1998
UCL 049	Lot 550 on DP 71666
UCL 050	Lot 1500 on DP 215129
UCL 052	Lot 300 on DP 64866
UCL 055	Lot 1976 on DP 216852
UCL 057	Lot 551 on DP 71667
UCL 093	Area bounded by Road 010, UCL 023 (Lot 2354 on DP 218837), general lease GE K858923, special lease 3116/3684, general lease GE I150289 and reserves 38674 and 39117, being the area of unallocated Crown land generally south of UCL 029 (Lot 369 on DP 71870) and UCL 032 (Lot 510 on DP 73722)
UCL 094	Area bounded by Road 010 and reserves 38674 and 39117

SCHEDULE SIX

OTHER INTERESTS (PARAGRAPH 10)

The nature and extent of the Other Interests in relation to the Determination Area are as follows.

Land tenure interests registered with the Western Australian Land Information Authority are current as at 29 March 2018. Mining tenements and petroleum interests registered with the Department of Mines, Industry Regulation and Safety are current as at 15 June 2018. All other interests are current as at the date of the determination.

1. RESERVES

(a) The following reserves:

Reserve No.	Current Purpose
RES 09698	Fortescue-Cue Stock Route
RES 09700	De Grey-Peak Hill Stock Route
RES 11463 (Well 61)	Use and Benefit of Aboriginal Inhabitants
RES 12297	Protection of the Rabbit-proof Fence No.1
RES 15159	Stock Route
RES 17650	Racecourse
RES 18938	Stock Route (Deviation)
RES 41265 (Jigalong)	Use and Benefit of Aboriginal Inhabitants
RES 42835 (Parnpajinya)	Use and Benefit of Aboriginal Inhabitants

(b) The rights and interests of persons who have the care, control and management of the reserves identified in clause 1(a) above;

(c) The rights and interests of persons entitled to access and use the reserves identified in clause 1(a) above for the respective purposes for which they are reserved, subject to any statutory limitations upon those rights; and

(d) The rights and interests of persons holding leases over areas of the reserves identified in clause 1(a) above, if any.

2. PASTORAL LEASES

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

Lease No.	Station Name
PL N049546	Robertson Range Station
PL N049553	Balfour Downs Station
PL N049879	Wandanya Station
PL N050368	Marillana Station
PL N049724	Ethel Creek Station
PL N049404	Walagunya Station
PL N050553	Prairie Downs Station
PL N050094	Kumarina Station
PL N049943	Bulloo Downs Station
PL N050430	Bonney Downs Station
PL N049932	Sylvania Station
PL N049890	Weelarrana Station
PL N050452	Hillside Station
PL N049420	Mount Divide Station
PL N050058	Noreena Downs Station
PL N049548	Balfour Downs Station
PL N050622	Roy Hill Station

(b) Any rights and obligations of the pastoralists pursuant to the pastoral leases referred to in clause 2(a) above to adopt and exercise best practice management of the pasture and vegetation resources, livestock and soils within the boundaries of the pastoral leases in order to manage stock and for the management, conservation and regeneration of pasture for permitted uses.

3. LEASES

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

Lease No.	Purpose
GE H326098	Cultivation and grazing

4. ROADS

(a) The following roads and the rights and interests of the persons having the care, control and management of those roads from time to time, to the extent the areas of these roads do not fall within Schedule Four as areas where native title does not exist:

Map Info ID	Description	Shown in
ROAD 013	Part of Great Northern Highway	DP 217097
ROAD 014	Part of Great Northern Highway	DP 217098
ROAD 015	Part of Great Northern Highway	DP 217099
ROAD 017	Part of Great Northern Highway	DP 219293
ROAD 018	Part of Great Northern Highway	DP 219294
ROAD 019	Part of Great Northern Highway	DP 219295
ROAD 020	Part of Great Northern Highway	DP 219296
ROAD 021	Part of Great Northern Highway	DP 219297
ROAD 022	Part of Great Northern Highway	DP 219298
ROAD 023	Part of Great Northern Highway	DP 219299
ROAD 024	Part of Great Northern Highway	DP 219300
ROAD 025	Part of Great Northern Highway	DP 219301
ROAD 026	Part of Great Northern Highway	DP 219302
ROAD 027	Part of Great Northern Highway	DP 50856 and DP 50859 (formerly DP 219303)

5. EASEMENTS

(a) The following easements and the rights and interests of the holders from time to time of those easements, to the extent the areas of these easements do not fall within Schedule Four as areas where native title does not exist:

Easement No.	Description
J717065 E	Rail spur
N248447	Electricity transmission line and associated infrastructure

6. MINING TENEMENTS AND PETROLEUM INTERESTS

(a) The following mining tenements under the Mining Act 1904 (WA) (repealed) and the Mining Act 1978 (WA) and the rights and interests of the holders from time to time of those mining tenements:

(i) Mining leases

Tenure ID	Tenure ID	Tenure ID	Tenure ID
M 4501102	M 4600337	M 4600412	M 4600491
M 4501124	M 4600338	M 4600413	M 4600518
M 4501125	M 4600339	M 4600414	M 4600519
M 4600080	M 4600340	M 4600415	M 4700514
M 4600081	M 4600341	M 4600416	M 4700580
M 4600121	M 4600342	M 4600417	M 4701233
M 4600249	M 4600343	M 4600418	M 4701414
M 4600292	M 4600344	M 4600419	M 4701423
M 4600293	M 4600345	M 4600420	M 4701424
M 4600314	M 4600346	M 4600421	M 4701439
M 4600315	M 4600347	M 4600422	M 4701461
M 4600316	M 4600348	M 4600423	M 5200007
M 4600317	M 4600349	M 4600424	M 5200010
M 4600318	M 4600350	M 4600437	M 5200059
M 4600319	M 4600351	M 4600438	M 5200062
M 4600320	M 4600352	M 4600439	M 5200211
M 4600321	M 4600353	M 4600440	M 5200609
M 4600322	M 4600354	M 4600450	M 5200661
M 4600323	M 4600355	M 4600451	M 5200790
M 4600324	M 4600356	M 4600452	M 5200791
M 4600325	M 4600357	M 4600453	M 5200798
M 4600326	M 4600401	M 4600454	M 5200803
M 4600327	M 4600402	M 4600481	M 5200804
M 4600328	M 4600403	M 4600482	M 5201034
M 4600329	M 4600404	M 4600483	M 5201043
M 4600330	M 4600405	M 4600484	M 5201052
M 4600331	M 4600406	M 4600485	M 5201053
M 4600332	M 4600407	M 4600486	M 5201063
M 4600333	M 4600408	M 4600487	M 5201064
M 4600334	M 4600409	M 4600488	M 5201070
M 4600335	M 4600410	M 4600489
M 4600336	M 4600411	M 4600490

(ii) Exploration licences

Tenure ID	Tenure ID	Tenure ID	Tenure ID
E 4502498	E 4601080	E 4702053	E 5202372
E 4502652	E 4601085	E 4702054	E 5202398
E 4600413	E 4601087	E 4702085	E 5202409
E 4600467	E 4601099	E 4702119	E 5202591
E 4600516	E 4601116	E 4702141	E 5202876
E 4600518	E 4601119	E 4702172	E 5202933
E 4600519	E 4601128	E 4702173	E 5203097
E 4600535	E 4601131	E 4702177	E 5203160
E 4600566	E 4601132	E 4702280	E 5203184
E 4600567	E 4601157	E 4702291	E 5203204
E 4600568	E 4601158	E 4702664	E 5203217
E 4600569	E 4601159	E 4702665	E 5203233
E 4600580	E 4601160	E 4702666	E 5203261
E 4600586	E 4601188	E 4703170	E 5203296
E 4600590	E 4601189	E 4703194	E 5203306
E 4600595	E 4700013	E 4703218	E 5203323
E 4600600	E 4700280	E 4703222	E 5203348
E 4600601	E 4700319	E 4703225	E 5203348
E 4600610	E 4700539	E 4703226	E 5203357
E 4600611	E 4700540	E 4703315	E 5203360
E 4600612	E 4700541	E 4703347	E 5203361
E 4600616	E 4700542	E 4703349	E 5203363
E 4600621	E 4700622	E 4703403	E 5203364
E 4600623	E 4700623	E 4703405	E 5203365
E 4600662	E 4700624	E 4703444	E 5203366
E 4600664	E 4701137	E 4703454	E 5203370
E 4600666	E 4701140	E 4703498	E 5203371
E 4600675	E 4701191	E 4703499	E 5203373
E 4600699	E 4701192	E 4703505	E 5203390
E 4600706	E 4701224	E 4703512	E 5203396
E 4600741	E 4701225	E 4703513	E 5203411
E 4600743	E 4701228	E 4703549	E 5203413
E 4600776	E 4701235	E 4703575	E 5203416
E 4600787	E 4701307	E 4703581	E 5203417
E 4600799	E 4701308	E 4703583	E 5203422
E 4600835	E 4701313	E 4703585	E 5203441
E 4600861	E 4701320	E 4703628	E 5203444
E 4600862	E 4701326	E 5200023	E 5203447
E 4600947	E 4701327	E 5201658	E 5203448
E 4600965	E 4701380	E 5201711	E 5203450
E 4601000	E 4701385	E 5201772	E 5203456
E 4601001	E 4701387	E 5201776	E 5203471
E 4601020	E 4701388	E 5201894	E 5203474
E 4601036	E 4701392	E 5201905	E 5203517
E 4601041	E 4701393	E 5201926	E 5203524
E 4601042	E 4701423	E 5201937	E 5203532
E 4601044	E 4701491	E 5202009	E 5203536
E 4601045	E 4701522	E 5202160	E 5203541
E 4601046	E 4701540	E 5202247	E 5203543
E 4601055	E 4701587	E 5202300	E 5203544
E 4601069	E 4701598	E 5202303	E 5203559
E 4601076	E 4701922	E 5202311	E 5203561
E 4601077	E 4702052	E 5202350	E 5203562

(iii) General purpose leases

Tenure ID	Tenure ID	Tenure ID	Tenure ID
G 4600007	G 5200083	G 5200151	G 5200219
G 5200008	G 5200084	G 5200152	G 5200220
G 5200015	G 5200085	G 5200153	G 5200221
G 5200018	G 5200086	G 5200154	G 5200222
G 5200019	G 5200087	G 5200155	G 5200223
G 5200020	G 5200088	G 5200156	G 5200224
G 5200021	G 5200089	G 5200157	G 5200225
G 5200022	G 5200090	G 5200158	G 5200226
G 5200023	G 5200091	G 5200159	G 5200227
G 5200024	G 5200092	G 5200160	G 5200228
G 5200025	G 5200093	G 5200161	G 5200229
G 5200026	G 5200094	G 5200162	G 5200230
G 5200027	G 5200095	G 5200163	G 5200231
G 5200028	G 5200096	G 5200164	G 5200232
G 5200029	G 5200097	G 5200165	G 5200233
G 5200030	G 5200098	G 5200166	G 5200234
G 5200031	G 5200099	G 5200167	G 5200235
G 5200032	G 5200100	G 5200168	G 5200236
G 5200033	G 5200101	G 5200169	G 5200237
G 5200034	G 5200102	G 5200170	G 5200238
G 5200035	G 5200103	G 5200171	G 5200239
G 5200036	G 5200104	G 5200172	G 5200240
G 5200037	G 5200105	G 5200173	G 5200241
G 5200038	G 5200106	G 5200174	G 5200242
G 5200039	G 5200107	G 5200175	G 5200243
G 5200040	G 5200108	G 5200176	G 5200244
G 5200041	G 5200109	G 5200177	G 5200245
G 5200042	G 5200110	G 5200178	G 5200246
G 5200043	G 5200111	G 5200179	G 5200247
G 5200044	G 5200112	G 5200180	G 5200248
G 5200045	G 5200113	G 5200181	G 5200249
G 5200046	G 5200114	G 5200182	G 5200250
G 5200047	G 5200115	G 5200183	G 5200251
G 5200048	G 5200116	G 5200184	G 5200252
G 5200049	G 5200117	G 5200185	G 5200253
G 5200050	G 5200118	G 5200186	G 5200254
G 5200051	G 5200119	G 5200187	G 5200255
G 5200052	G 5200120	G 5200188	G 5200256
G 5200053	G 5200121	G 5200189	G 5200258
G 5200054	G 5200122	G 5200190	G 5200259
G 5200055	G 5200123	G 5200191	G 5200260
G 5200056	G 5200124	G 5200192	G 5200261
G 5200057	G 5200125	G 5200193	G 5200262
G 5200058	G 5200126	G 5200194	G 5200263
G 5200059	G 5200127	G 5200195	G 5200264
G 5200060	G 5200128	G 5200196	G 5200265
G 5200061	G 5200129	G 5200197	G 5200266
G 5200062	G 5200130	G 5200198	G 5200267
G 5200063	G 5200131	G 5200199	G 5200268
G 5200064	G 5200132	G 5200200	G 5200269
G 5200065	G 5200133	G 5200201	G 5200270
G 5200066	G 5200134	G 5200202	G 5200271
G 5200067	G 5200135	G 5200203	G 5200272
G 5200068	G 5200136	G 5200204	G 5200273
G 5200069	G 5200137	G 5200205	G 5200274
G 5200070	G 5200138	G 5200206	G 5200276
G 5200071	G 5200139	G 5200207	G 5200277
G 5200072	G 5200140	G 5200208	G 5200278
G 5200073	G 5200141	G 5200209	G 5200279
G 5200074	G 5200142	G 5200210	G 5200280
G 5200075	G 5200143	G 5200211	G 5200281
G 5200076	G 5200144	G 5200212	G 5200282
G 5200077	G 5200145	G 5200213	G 5200283
G 5200078	G 5200146	G 5200214	G 5200284
G 5200079	G 5200147	G 5200215	G 5200285
G 5200080	G 5200148	G 5200216
G 5200081	G 5200149	G 5200217
G 5200082	G 5200150	G 5200218

(iv) Miscellaneous licences

Tenure ID	Tenure ID	Tenure ID	Tenure ID
L 4600035	L 4600112	L 4700627	L 5200087
L 4600036	L 4600124	L 4700642	L 5200088
L 4600037	L 4600130	L 4700654	L 5200099
L 4600040	L 4600133	L 4700655	L 5200101
L 4600047	L 4600134	L 4700656	L 5200103
L 4600048	L 4600135	L 4700658	L 5200105
L 4600049	L 4700092	L 4700660	L 5200108
L 4600051	L 4700193	L 4700693	L 5200109
L 4600052	L 4700197	L 4700702	L 5200115
L 4600053	L 4700198	L 4700726	L 5200123
L 4600057	L 4700346	L 4700727	L 5200131
L 4600064	L 4700347	L 4700735	L 5200141
L 4600066	L 4700378	L 4700752	L 5200157
L 4600080	L 4700399	L 4700757	L 5200163
L 4600084	L 4700400	L 4700766	L 5200174
L 4600085	L 4700417	L 4700770	L 5200177
L 4600096	L 4700420	L 4700772	L 5200178
L 4600099	L 4700515	L 4700809	L 5200179
L 4600100	L 4700555	L 5200079	L 5200181
L 4600104	L 4700559	L 5200083	L 5200183
L 4600110	L 4700569	L 5200084
L 4600111	L 4700626	L 5200086

(v) Prospecting licences

Tenure ID

P 4601688

P 4701611

P 4701718

P 4701816

P 5201485

P 5201525

(vi) Retention licences

Tenure ID

R 4600001

R 4600002

R 4700013

R 4700015

R 4700016

R 5200002

R 5200003

R 5200004

R 5200005

R 5200006

R 5200008

(vii) Temporary reserves

Tenure ID

TR 7004192

TR 7004193

TR 7004266

TR 7004267

TR 7004737

TR 7004881

TR 7004882

TR 7004883

TR 7004884

TR 7007484

(b) The agreement as amended and ratified by the Goldfields Gas Pipeline Agreement Act 1994 (WA) and rights and interests comprised in, conferred under or in accordance with, or pursuant to that agreement, including the following interests:

Tenement ID	Tenement Type
PL24	Pipeline licence
F924685	Easement

(c) The agreement as amended and ratified by the Iron Ore (Hope Downs) Agreement Act 1992 (WA) and rights and interests comprised in, conferred under or in accordance with, or pursuant to that agreement, including the following mining tenements:

Tenement ID	Tenement Type
AM 7000282 (M 282SA)	Mining lease

(d) The agreement as amended and ratified by the Iron Ore (Goldsworthy-Nimingarra) Agreement Act 1972 (WA) and rights and interests comprised in, conferred under or in accordance with, or pursuant to that agreement, including the following mining tenements:

Tenement ID	Tenement Type
AM 7000263 (M 263SA)	Mining lease

(e) The agreement as amended and ratified by the Iron Ore (Hamersley Range) Agreement Act 1963 (WA) and rights and interests comprised in, conferred under or in accordance with, or pursuant to that agreement, including the following mining tenements:

Tenement ID	Tenement Type
AL 7000005 (L 5SA)	Miscellaneous licence

(f) The agreement as amended and ratified by the Iron Ore (Marillana Creek) Agreement Act 1991 (WA) and rights and interests comprised in, conferred under or in accordance with, or pursuant to that agreement, including the following mining tenements:

Tenement ID	Tenement Type
AM 7000270 (M 270SA)	Mining lease

(g) The agreement as amended and ratified by the Iron Ore (Mount Goldsworthy) Agreement Act 1964 (WA) and rights and interests comprised in, conferred under or in accordance with, or pursuant to that agreement, including the following mining tenements:

Tenement ID	Tenement Type
AML 7000249 (ML 249SA)	Mineral lease
AML 7000281 (ML 281SA)	Mineral lease

(h) The agreement as amended and ratified by the Iron Ore (Mount Newman) Agreement Act 1964 (WA) and rights and interests comprised in, conferred under or in accordance with, or pursuant to that agreement, including the following mining tenements:

Tenement ID	Tenement Type
AML 7000244 (ML 244SA)	Mineral lease

(i) The agreement as amended and ratified by the Iron Ore (McCamey's Monster) Agreement Authorisation Act 1972 (WA) and rights and interests comprised in, conferred under or in accordance with, or pursuant to that agreement, including the following mining tenements:

Tenement ID	Tenement Type
AM 7000266 (M 266SA)	Mining lease

(j) The agreement as amended and ratified by the Iron Ore (Yandicoogina) Agreement Act 1996 (WA) and rights and interests comprised in, conferred under or in accordance with, or pursuant to that agreement, including the following mining tenements:

Tenement ID	Tenement Type
AM 7000274 (M 274SA)	Mining lease

(k) The agreement as amended and ratified by the Railway and Port (The Pilbara Infrastructure Pty Ltd) Agreement Act 2004 (WA) and rights and interests comprised in, conferred under or in accordance with, or pursuant to that agreement, including the following mining tenements:

Tenement ID	Tenement Type
AL 7000001 (L 1SA)	Miscellaneous licence

(l) The agreement as amended and ratified by the Railway (Roy Hill Infrastructure Pty Ltd) Agreement Act 2010 (WA) and rights and interests comprised in, conferred under or in accordance with, or pursuant to that agreement, including the following mining tenements:

Tenement ID	Tenement Type
AL 7000004 (L 4SA)	Miscellaneous licence

7. ACCESS TO MINING AND PETROLEUM AREAS

(a) Without limiting the operation of any other clause in Schedule Six, but subject to clause 7(b) below, any rights of the holders from time to time of a mining tenement or petroleum title, including those referred to in clause 6 of Schedule Six, to use (including by servants, agents and contractors) such portions of existing roads and tracks in the Determination Area as necessary to have access to the area the subject of the mining tenement or petroleum title for the purposes of exercising the rights granted by that tenement or title.

(b) Nothing in clause 7(a) above allows any upgrade, extension, widening or other improvement to the road or track other than work done to maintain it in reasonable repair and in order to leave it in substantially the same condition as it was prior to its use pursuant to clause 7(a).

(c) Nothing in this Schedule Six will limit the rights of the holders from time to time of mining tenements or petroleum titles, including those referred to in clause 6 of Schedule Six, including, without limitation, any right to exclude members of the public from entering onto the land and waters the subject of any mining tenement or petroleum title.

8. TELSTRA CORPORATION LIMITED

The rights and interests of Telstra Corporation Limited (ACN 051 775 556):

(a) as the owner or operator of telecommunications facilities within the Determination Area;

(b) created pursuant to the Post and Telegraph Act 1901 (Cth), the Telecommunications Act 1975 (Cth), the Australian Telecommunications Corporation Act 1989 (Cth), the Telecommunications Act 1991 (Cth) and the Telecommunications Act 1997 (Cth), including rights:

(i) to inspect land;

(ii) to install, occupy and operate telecommunications facilities; and

(iii) to alter, remove, replace, maintain, repair and ensure the proper functioning of its telecommunications facilities;

(c) for its employees, agents or contractors to access its telecommunications facilities in and in the vicinity of the Determination Area in performance of their duties; and

(d) under any lease, licence, permit, access agreement or easement relating to its telecommunications facilities in the Determination Area.

9. INDIGENOUS LAND USE AGREEMENTS

The following Indigenous Land Use Agreements, including the rights and interests comprised in, conferred under, or in accordance with, or pursuant to, each agreement:

(a) The Nyiyaparli and BHP Billiton Comprehensive Agreement Initial Indigenous Land Use Agreement (Area Agreement) dated 26 June 2012, and registered on the Register of Indigenous Land Use Agreements on 13 March 2013 (Tribunal No. WI2012/005).

(b) The Nyiyaparli and BHP Billiton Comprehensive Agreement Further Indigenous Land Use Agreement (Area Agreement) (Nyiyaparli #3) dated 16 July 2015, and registered on the Register of Indigenous Land Use Agreements on 18 January 2016 (Tribunal No. WI2015/011).

(c) The RTIO and Nyiyaparli People Indigenous Land Use Agreement (Area Agreement) dated 12 July 2012, and registered on the Register of Indigenous Land Use Agreements on 13 March 2013 (Tribunal No. WI2012/007).

(d) The RTIO and Nyiyaparli People Additional ILUA (Area Agreement) for Nyiyaparli People's Native Title Claim #3 dated 9 October 2005, and registered on the Register of Indigenous Land Use Agreements on 10 March 2016 (Tribunal No. WI2015/013).

10. OTHER

The following rights and interests:

(a) rights and interests, including licences and permits, granted by the Crown in right of the State or of the Commonwealth pursuant to statute or otherwise in the exercise of its executive power and any regulations made pursuant to such legislation;

(b) rights and interests held by reason of the force and operation of the laws of the State or of the Commonwealth, including but not limited to, the force and operation of the Rights in Water and Irrigation Act 1914 (WA);

(i) the public right to fish;

(ii) the public right to navigate; and

(iii) the right of any person to use and enjoy any roads in the Determination Area (subject to the laws of the State) over which, as at the date of this Determination, members of the public have a right of access under the common law;

(d) the right to access the Determination Area by:

(i) an employee, agent or instrumentality of the State;

(ii) an employee, agent or instrumentality of the Commonwealth;

(iii) an employee, agent or instrumentality of any local government authority,

as required in the performance of his or her statutory or common law duty, including for the purpose of pest management control and fire hazard management on areas of unallocated Crown land;

(e) so far as confirmed pursuant to s 212(2) of the Native Title Act and s 14 of the Titles (Validation) and Native Title (Effect of Past Acts) Act 1995 (WA) as at the date of this Determination, any existing public access to, and enjoyment of, the following places in the Determination Area:

(i) waterways;

(ii) beds and banks or foreshores of waterways;

(iii) coastal waters;

(iv) beaches;

(v) stock routes; and

(vi) areas that were public places at the end of 31 December 1993;

(f) any other:

(i) legal or equitable estate or interest in the land or waters; or

(ii) right (including a right under an option and a right of redemption), charge, power or privilege over, or in connection with:

(A) the land or waters; or

(B) an estate or interest in the land or waters; or

(iii) restriction on the use of the land or waters, whether or not annexed to other land or waters.

SCHEDULE SEVEN

NATIVE TITLE HOLDERS (PARAGRAPH 3)

The Nyiyaparli People are those persons who:

(a) are descended from, in accordance with the traditional laws acknowledged and the traditional customs observed by the Nyiyaparli People, one or more of the following persons:

(i) Mintaramunya;

(ii) Pitjirrpangu;

(iii) Yirkanpangu (Jesse);

(iv) Kitjiempa (Molly);

(v) Mapa (Rosie);

(vi) Iringkulayi (Billy Martin Moses);

(vii) Parnkahanha (Toby Cadigan);

(viii) Wirlpangunha (Rabbity-Bung);

(ix) Wuruwurunha (Tommy Malana);

(x) Ijiyangu (Daisy);

(xi) Sibling set of Ivy, Solomon and Mildred; and

(xii) Sibling set of Maynha and Itika,

or, though not descended from those persons, have been incorporated into the Nyiyaparli group in accordance with Nyiyaparli traditional laws and customs,

and

(b) identify themselves as Nyiyaparli under traditional law and custom and are so identified by other Nyiyaparli People as Nyiyaparli;

and

(c) have a connection with the land and waters of the Determination Area, in accordance with the traditional laws acknowledged and the traditional customs observed by the Nyiyaparli People.

REASONS FOR JUDGMENT

BARKER J:

1 Before the Court for determination pursuant to s 225 of the Native Title Act 1993 (Cth) (NTA) are two native title determination applications brought on behalf of the Nyiyaparli People, namely, WAD 6280 of 1998 (Nyiyaparli People Application) and WAD 196 of 2013 (Nyiyaparli #3 Application) (together, the Nyiyaparli Applications). The Nyiyaparli Applications cover approximately 40,957 square kilometres in the eastern Pilbara region of Western Australia. It is proposed by the parties that the Court should determine that the native title holders for this area are the Nyiyaparli People.

PROCEDURAL HISTORY

Nyiyaparli People Application WAD 6280 of 1998

2 The Nyiyaparli People Application was lodged with the National Native Title Tribunal on 29 September 1998. As a result of the Native Title Amendment Act 1998 (Cth) the application was taken to have been made to the Federal Court. Any notification given by the Registrar pursuant to s 66 of the old Act was taken to be for that application and the same people were to be parties (see table at Sch 5, Pt 3, Item 6 of the Native Title Amendment Act 1998).

3 The Nyiyaparli People Application has been amended several times. The first amendment application was filed in the Federal Court on 18 December 1998, and a further application to amend was filed on 29 January 1999. (I note in passing that in the amended application filed 29 January 1999, the applicant attached correspondence noting that an overlap between the Nyiyaparli claim and the Martu Idja Banjima People WC 98/62 claim was eliminated following negotiations between claimants).

4 On 15 February 1999, orders were made to combine the application with and include a number of related “polygon” applications: WAG 6121 of 1998; WAG 6177 of 1998; WAG 6179 of 1998; WAG 6209 of 1998; and WAG 6252 of 1998.

5 On 22 February 1999, the Court gave a copy of the application, as amended, to the Native Title Registrar (Registrar) pursuant to s 63 of the NTA.

6 Following further amendments to the application, the subject of applications to amend filed 10 March 1999, 24 March 1999 and 31 March 1999, the Court again referred the application to the Registrar on 1 April 1999.

7 The application as amended was then considered by the Registrar pursuant to s 190A of the NTA, for the purpose of applying what is commonly known as the registration test. The Registrar was satisfied that the application addressed the criteria of the registration test and the application was entered on the Register of Native Title Claims on 22 April 1999.

8 The application was subsequently notified by the Registrar pursuant to s 66 of the NTA. The period of three months after the notification day referred to in s 66(8) and s 66(10)(c) of the NTA, ended on 16 August 2000.

9 On 21 December 2001, the Nyiyaparli People Application was further amended.

10 On 30 September 2005, the Court ordered that the Nyiyaparli People Application be combined with and include the Nyiyaparli #2 People native title determination application (WAD 241 of 2005), which had been filed on 1 September 2005 and covered a small strip of land not included in the main application.

11 The application was again amended on 10 November 2005. The amended version of the application was considered by the Registrar pursuant to s 190A of the NTA and was entered onto the Register of Native Title Claims on 29 November 2005.

12 On 11 May 2010, the Court made orders pursuant to s 66B NTA for the replacement of the then applicant with a new applicant comprising David Stock, Gordon Yuline, Raymond Drage, Victor Parker, Richard Yuline and Billy Cadigan.

13 On 10 June 2010, the Court made orders granting leave for the further replacement of the applicant with a new applicant comprising David Stock, Gordon Yuline, Raymond Drage, Victor Parker and Billy Cadigan.

14 Orders were also made then further amending the application (2010 Amendments).

15 The Court gave a copy of the further amended application to the Registrar on 11 June 2010. The further amended application was entered on to the Register of Native Title Claims on 11 August 2010.

16 On 4 March 2014, the Court ordered that David Stock, Raymond Drage, Victor Parker, Billy Cadigan and Leonard Stream do jointly replace the then applicant. See Stock v State of Western Australia [2014] FCA 179.

17 The current parties to the Nyiyaparli People Application are:

(1) the Nyiyaparli People Applicant, comprised of David Stock, Raymond Drage, Victor Parker, Billy Cadigan and Leonard Stream;

(2) the State of Western Australia;

(3) the Shire of Meekatharra;

(4) Yamatji Marlpa Aboriginal Corporation;

(5) the following mining interests: BHP Iron Ore (Jimblebar) Pty Ltd; BHP Billiton Minerals Pty Ltd; Itochu Minerals & Energy of Australia Pty Ltd; Mitsui Iron Ore Corporation Pty Ltd; Mitsui-Itochu Iron Pty Ltd; Pilbara Pastoral Co Pty Ltd; Gayna Park Pty Ltd; Hamersley Exploration Pty Ltd; Hamersley Iron Pty Limited; Hamersley Iron-Yandi Pty Ltd; and Hamersley Resources Ltd;

(6) the following pastoral interests: Deborah Jane Anick; John Christopher Anick; Balfour Downs Pastoral Coy Pty Ltd; Rachel Mary Burn; Hancock Prospecting Pty Ltd – GH Rinehart (Mulga Downs Station); Keydrive Pty Ltd; Anne Catherine Paull; Chandra Louise Ridley; Roy Hill Station Pty Ltd; Brent Ronald Smoothy; Startline Nominees Pty Ltd; Sunblade Holdings Pty Ltd; Vanguard Enterprises Pty Ltd;

(7) Airservices Australia;

(8) Telstra Corporation Limited (ACN 051 775 556); and

(9) the Commonwealth of Australia.

Nyiyaparli #3 Application WAD 196 of 2013

18 The related Nyiyaparli #3 Application was filed in the Court pursuant to s 61 of the NTA on 17 June 2013.

19 On 19 June 2013, the Court gave a copy of the Nyiyaparli #3 Application to the Registrar pursuant to s 63 of the NTA.

20 The Nyiyaparli #3 Application was then considered by the Registrar pursuant to s 190A of the NTA. The Registrar was satisfied that the Nyiyaparli #3 Application addressed the criteria of the registration test and the application was entered on the Register of Native Title Claims on 27 August 2013.

21 The Nyiyaparli #3 Application was subsequently notified by the Registrar pursuant to s 66 of the NTA. The period of three months after the notification day referred to in s 66(8) and s 66(10)(c) of the NTA ended on 22 January 2014.

22 On 4 March 2014, the Court ordered that David Stock, Raymond Drage, Victor Parker, Billy Cadigan and Leonard Stream jointly replace the then applicant for the Nyiyaparli #3 Application pursuant to s 66B of the NTA.

23 The current parties to the Nyiyaparli #3 Application are:

(1) the Nyiyaparli #3 Applicant, comprised of David Stock, Raymond Drage, Victor Parker, Billy Cadigan and Leonard Stream;

(2) the State of Western Australia; and

(3) the following mining interests: BHP Billiton Minerals Pty Ltd; Hamersley Exploration Pty Ltd; Hamersley Iron Pty Ltd; Hamersley Resources Ltd; Hamersley WA Pty Ltd; Hope Downs Iron Ore Pty Ltd; Itochu Minerals & Energy of Australia Pty Ltd; Mitsui Iron Ore Corporation Pty Ltd; Mitsui-Itochu Iron Pty Ltd; United Iron Pty Ltd; and Pilbara Pastoral Co Pty Ltd (notwithstanding its description as a pastoral interest earlier in the proceeding).

24 The Attorney-General of the Commonwealth of Australia intervened in the Nyiyaparli #3 Application pursuant to s 84A of the NTA by notice lodged on 21 June 2017.

Hearing of a separate question

25 On 6 October 2010, in response to a Notice of Motion filed 30 August 2010, the Court made orders joining Ernest Coffin, Marjorie Drage and Ailsa Roy as respondent parties to the Nyiyaparli People Application.

26 On 27 January 2012, native title determination application WAD 22 of 2012 (Wunna Nyiyaparli Application) was filed “on behalf of the Wunna Nyiyaparli People” by Betty Peterson, Ernest William Coffin, Marjorie Drage, Ailsa Roy and Stephen Peterson. The Wunna Nyiyaparli Application claimed a determination of native title in respect of an area wholly within the area to which the Nyiyaparli People Application related.

27 At a directions hearing on 28 October 2015, the Court identified that a central issue to the future conduct of the Nyiyaparli Applications and the Wunna Nyiyaparli Application was whether the Wunna Nyiyaparli Applicant could make out their claim that Maggie, the paternal grandmother of Bill Coffin, was Nyiyaparli. The Court ordered pursuant to R 30.01 of the Federal Court Rules 2011 (Cth) that a question to that effect be decided separately from any other questions in the Nyiyaparli and Wunna Nyiyaparli Applications.

28 On 16 December 2016, following a hearing, the separate question was answered in the negative by the Court. See Peterson on behalf of the Wunna Nyiyaparli People v State of Western Australia [2016] FCA 1528. Orders were then made removing Ernest Coffin, Marjorie Drage and Ailsa Roy as respondent parties to the Nyiyaparli People Application.

29 An appeal from this judgment and those orders was subsequently dismissed by a Judge on behalf of the Full Court. See Peterson on behalf of the Wunna Nyiyaparli People v State of Western Australia [2017] FCA 1056.

AGREEMENT TO RESOLVE THE APPLICATION

30 Following the Court’s judgment in Peterson on behalf of the Wunna Nyiyaparli People, the Court actively monitored the progress of negotiations between the parties to the Nyiyaparli Applications towards a consent determination, including through case management hearings convened before a Registrar of the Court.

31 The parties to the Nyiyaparli Applications have now reached agreement as to the terms of a determination and the form of orders (Determination) that are appropriate to provide recognition of the native title rights and interests held by members of the Nyiyaparli People in relation to the land and waters covered by the Nyiyaparli Applications.

32 Pursuant to s 87 of the NTA, and having regard to the agreement they have reached, the parties have requested that the Court determine the proceedings that relate to the proposed determination area without holding a hearing. In support of the agreement reached, the State of Western Australia (first respondent) on 3 September 2018 filed an amended Minute of Proposed Consent Determination of Native Title signed by each of the parties with an interest in the Determination Area, as defined in the Minute. On 19 September 2018, a revised final version of the Minute as filed to correct an inadvertent error. No parties objected to the filing of the revised final version. I am satisfied that the revised final version of the Minute accurately records the definition of the relevant Non-Exclusive Area for the purposes of the Determination.

33 In support of the agreement reached and the nomination of a prescribed body corporate (PBC), the Nyiyaparli Applicants have filed an affidavit of Ms Katherine Anne Holloman affirmed 30 August 2018, deposing to the process undertaken by the Nyiyaparli Applicants to authorise the agreement reached and in relation to the description of the native title holders. The affidavit annexes:

(1) the notice of nomination of Karlka Nyiyaparli Aboriginal Corporation ICN 3649 (KNAC) to be the PBC for the proposed Determination pursuant to s 56(2)(a) of the NTA; and

(2) the written consent of KNAC to be the PBC for the Determination pursuant to s 56(2)(a) of the NTA.

34 By her affidavit made 5 September 2018, Ms Holloman also deposes to changes to KNAC and its rules made 4 September 2018.

35 In addition, the Nyiyaparli Applicants and the State have filed joint submissions and further joint submissions (together the joint submissions) in support of the Minute.

36 The parties agree that the Nyiyaparli People are those persons who:

(a) are descended from, in accordance with the traditional laws acknowledged and the traditional customs observed by the Nyiyaparli People, one or more of the following persons:

(i) Mintaramunya;

(ii) Pitjirrpangu;

(iii) Yirkanpangu (Jesse);

(iv) Kitjiempa (Molly);

(v) Mapa (Rosie);

(vi) Iringkulayi (Billy Martin Moses);

(vii) Parnkahanha (Toby Cadigan);

(viii) Wirlpangunha (Rabbity-Bung);

(ix) Wuruwurunha (Tommy Malana);

(x) Ijiyangu (Daisy);

(xi) Sibling set of Ivy, Solomon and Mildred; and

(xii) Sibling set of Maynha and Itika,

or, though not descended from those persons, have been incorporated into the Nyiyaparli group in accordance with Nyiyaparli traditional laws and customs; and

(b) identify themselves as Nyiyaparli under traditional law and custom and are so identified by other Nyiyaparli People as Nyiyaparli; and

(c) have a connection with the land and waters of the Determination Area, in accordance with the traditional laws acknowledged and the traditional customs observed by the Nyiyaparli People.

37 The boundaries of the Determination Area are described in Schedule One to the Determination, and depicted on the maps contained in Schedule Two. The parties agree that native title should be recognised in relation to the Determination Area, except in those parts identified in Schedule Four, which are shown as generally shaded pink on the maps in Schedule Two.

38 The Determination provides that the Nyiyaparli Applicants have nominated KNAC pursuant to s 56(2)(a) of the NTA to hold the determined native title in trust for the native title holders.

ASSESSMENT OF CONNECTION

39 The joint submissions disclose that between January 2012 and May 2018, the Applicants provided to the State, on a without prejudice basis, various connection material in support of the Nyiyaparli People’s connection with the claim area, including:

(1) five chapters of a report prepared by Dr Daniel Vachon and Dr Sandra Pannell, headed (respectively): “Claim Group Description”; “Boundary of the Claim Area”; “The Traditional System of Law and Customs”; “Continuity of Connection”; and “Rights and Interests Claimed under the System of Traditional Law and Custom”;

(2) genealogical material;

(3) a report by Ms Amy Usher titled “Nyiyaparli Palyku Supplementary Report” dated May 2015;

(4) a report by Ms Usher titled “Nyiyaparli Supplementary Report” dated June 2015;

(5) a report by Mr Kim McCaul titled “Supplementary Connection Report for the Nyiyaparli Native Title Claim – Nyiyaparli connection to the area south of Savory Creek” dated 1 July 2016;

(6) a report by Mr McCaul titled “Further Supplementary Connection Material for the Nyiyaparli Native Title Claim (WAD6280/1998 & WAD196/2013): Fortescue Marsh & Kijiyimpa (Kitjiempa)” dated 3 August 2016;

(7) an extract from a report by Mr McCaul dated 25 June 2017 headed “Obtaining rights and interests in land through pathways other than descent”;

(8) an extract from a report by Mr McCaul dated 25 June 2017 headed “Activation and transmission of rights and interests”; and

(9) witness statements by claimants David Stock, Bruce Bung Snr, Brian Tucker, Raymond Drage, Billy Cadigan, Leonard Stream, Lindsay Yuline, and Lionel Stream.

40 Pursuant to interlocutory applications filed by the Nyiyaparli Applicants in October 2013, the Court heard between 11 and 13 June 2014 (inclusive) preservation evidence in the Nyiyaparli Applications from two senior people, David Stock and Bonny Tucker. The evidence was given at various remote locations in the area of the Nyiyaparli Applications. Witness statements of Mr Stock and Ms Tucker were admitted as evidence in the proceedings, as were a site map and a location list. The joint submissions detail that the State’s assessment of connection in relation to the Nyiyaparli Applications was based, in part, on this evidence.

41 The State assessed the connection material in accordance with its Guidelines for the Provision of Connection Material, and was informed by legal advice from the State Solicitor’s Office.

The connection to country of the Nyiyaparli People

42 The joint submissions provide the following detail regarding the connection to country of the Nyiyaparli People:

(1) The Nyiyaparli People have maintained a normative system of laws and customs since sovereignty.

(2) The Nyiyaparli traditional laws and customs connect the Nyiyaparli People to their country. The Nyiyaparli People believe that these laws and customs have been put in place by the ancestral beings – mangunpa – when the world was created, as laws binding on the Nyiyaparli People and governing Nyiyaparli country.

(3) The laws from the mangunpa govern what Nyiyaparli People can and cannot do in Nyiyaparli country. The laws govern the exercise of rights and interests in the Determination Area and who can exercise them, including such rights included in the Nyiyaparli Determination, from prior to sovereignty until the present day.

(4) The laws from the mangunpa set down rules for Nyiyaparli traditional ownership and responsibility for Nyiyaparli country, and rules for people to follow in relation to such matters as: ceremonies and rituals; sections or skin groups; avoidance and marriage relationships; and the preparation and consumption of food. Under these laws and customs, it is the Nyiyaparli People who hold the rights and interests in the Determination Area and have responsibilities to it.

(5) Many places of importance to the Nyiyaparli People were made by the spirit people during the mangunpa; these places carry stories and songs which have been passed down.

(6) Most contemporary Nyiyaparli People are descended from Nyiyaparli ancestors who occupied the Determination Area at or before effective sovereignty. To be a Nyiyaparli person, a person must: first, be descended from a Nyiyaparli ancestor or be incorporated into the Nyiyaparli group in accordance with Nyiyaparli traditional laws and customs; second, identify themselves as Nyiyaparli under traditional law and custom and be identified by other Nyiyaparli People as Nyiyaparli; and, third, have a connection with the land and waters of the Determination Area, in accordance with the traditional laws acknowledged and the traditional customs observed by the Nyiyaparli People.

DESCRIPTION OF THE PROPOSED NATIVE TITLE HOLDERS

43 An issue arising regarding the Minute is that the description of the proposed native title holding group in Schedule Seven of the proposed Determination differs from the description of the native title claim group in Schedule A of the Nyiyaparli Applications. The proposed description of native title holders in Schedule Seven differs from the description of the claimants in the Nyiyaparli Applications in that it captures Aboriginal persons who:

(1) are descended from, in accordance with the traditional laws acknowledged and the traditional customs observed by the Nyiyaparli People:

(a) the existing nine apicals listed in the Nyiyaparli Applications; and

(b) an additional three sets of apical ancestors, not listed in the Nyiyaparli Applications;

(c) or, though not descended from one of the apical ancestors listed, have been incorporated into the Nyiyaparli group in accordance with Nyiyaparli traditional laws and customs; and

(2) identify themselves as Nyiyaparli under traditional law and custom and are so identified by other Nyiyaparli People as Nyiyaparli; and

(3) have a connection with the land and waters of the Determination Area, in accordance with the traditional laws acknowledged and the traditional customs observed by the Nyiyaparli People.

44 The change in the claim group description came about in the following circumstances.

45 In 2015, Yamatji Marlpa Aboriginal Corporation, on behalf of the Nyiyaparli People, commissioned further anthropological research; that is, research additional to that that led to the 2010 Amendments referred to above. This further research was undertaken by an independent anthropologist, Mr McCaul, to address issues raised in the context of consent determination negotiations between the Nyiyaparli People and the State. See Stock on behalf of the Nyiyaparli People v State of Western Australia (No 2) [2018] FCA 1091 at [13]-[14].

46 The research conducted by Mr McCaul identified potential additional Nyiyaparli apical ancestors to be included in the description of native title holders in any Nyiyaparli consent determination and anthropological findings in relation to the operation of Nyiyaparli traditional laws and customs pertaining to claim group membership. See Stock (No 2) at [14].

47 Following Mr McCaul's research, the native title claim group in the Nyiyaparli Applications, in accordance with the agreed and adopted decision-making process for the making of such types of decisions, authorised the Nyiyaparli People’s entry into the Nyiyaparli Determination in terms by which the native title holders should be described as set out in Schedule Seven of the attached Nyiyaparli Determination as described in [43] above. See the affidavit of Ms Holloman affirmed 30 August 2018 as to the process of authorisation undertaken by the Nyiyaparli Applicants in relation to the Minute. See also Stock (No 2) at [14]-[18], [20]-[23]; Stock on behalf of the Nyiyaparli People v State of Western Australia (No 3) [2018] FCA 1306 at [17]-[18].

48 The applicant and the State submit, and I accept, that the additional qualifiers in (2) and (3) of the description at [43] above, provide a more accurate way of describing the proposed native title holders and are consistent with the traditional laws and customs of the Nyiyaparli People as disclosed in the connection materials.

49 Importantly, the proposed description of native title holders in Schedule Seven of the Nyiyaparli Determination has been accepted and agreed to by all respondent parties, including the State. The agreement of the parties is evidenced in the signed Minute.

50 The Court is not limited to making a determination in the form sought in the Nyiyaparli Applications. Provided that the application is valid, and in accordance with the law, the Court can proceed to make a determination in such form as it sees fit based on the evidence before it. See Billy Patch and Others on behalf of the Birriliburu People v State of Western Australia [2008] FCA 944 at [18]; Sharpe v State of Western Australia [2013] FCA 599 at [19].

51 Having considered the material filed by the parties, including the affidavit of Ms Holloman, I am satisfied that it is appropriate for the Court to make the determination sought in the Minute for the following reasons:

(1) the description accurately reflects the position as described in the connection materials;

(2) the description captures all proposed native title holders;

(3) the claimants authorised the terms of the Minute, including the proposed native title holders in Schedule Seven of the Determination, at an authorisation meeting which was notified and broadly representative of the Nyiyaparli People; and

(4) the State can be taken, from their consent to the Minute, to be satisfied that the proposed native title holders are the persons described in Schedule Seven of the Determination.

THE DETERMINATION AREA

52 The external boundaries of the Determination Area are described in Schedule One of the Minute and shown on the maps in Schedule Two of the Minute.

53 For completeness, it may be noted that the Determination Area is surrounded on its eastern, southern and western boundaries by the determinations of native title in the following matters:

(1) WAG 6110 of 1998, known as the Martu determination, to the east. See James on behalf of the Martu People v State of Western Australia [2002] FCA 1208;

(2) WAD 6284 of 1998, known as the Birriliburu Part A determination, to the south-east. See Billy Patch and Others on behalf of the Birriliburu People v State of Western Australia [2008] FCA 944;

(3) WAD 6002 of 2003, known as the Gingirana determination, to the south. See Atkins on behalf of the Gingirana People v State of Western Australia [2017] FCA 1465;

(4) WAD 78 of 2005, known as the Ngarlawangga People’s determination, to the south-west. See Limmerick on behalf of the Ngarlawangga People v State of Western Australia [2016] FCA 1442;

(5) WAD 340 of 2010 and WAD 216 of 2010, known as the Yinhawangka Part A and Yinhawangka Part B determination, to the west. See Jones on behalf of the Yinhawangka People v State of Western Australia [2017] FCA 801; and

(6) WAD 6096 of 1998, known as the Banjima People’s determination, to the north-west. See Banjima People v State of Western Australia (No 3) [2014] FCA 201.

54 The northern border of the Determination Area borders the following native title claim areas:

(1) WAD 6287 of 1998, known as Palyku;

(2) WAD 6028 of 1998, known as Nyamal #1; and

(3) WAD 289 of 2018, known as the Nyamal Overlap Claim.

55 The Determination Area includes the whole of Roy Hill, Walagunya, Weelarrana, Sylvania, Robertson Range and Ethel Creek stations, and parts of Marillana, Noreena Downs, Bonney Downs, Hillside, Mount Divide, Balfour Downs, Bulloo Downs, Prairie Downs, Wandanya, and Kumarina stations.

56 The Hamersley and Chichester Ranges, and the Fortescue and Oakover Rivers, including the Fortescue Marsh, are major topographic features of the Determination Area.

57 The Determination Area includes the town of Newman, and the Aboriginal communities of Jigalong and Parnpajinya.

NOMINATION OF PRESCRIBED BODY CORPORATE

58 The affidavits of Ms Holloman affirmed 30 August 2018 and 5 September 2018 detail that the Nyiyaparli claimants, at a meeting in Newman in July 2018, authorised the nomination of KNAC to hold the determined native title in trust for the native title holders. That nomination is in writing, has been signed by the solicitor on the record for the Nyiyaparli Applicants as a representative of the common law holders, and is annexed to Ms Holloman’s affidavit. The consent of KNAC is also annexed to Ms Holloman’s affidavit. Recent rule changes to the KNAC are also noted.

59 I am satisfied that the requirements of the NTA and the Native Title (Prescribed Bodies Corporate) Regulations 1999 (Cth) have been met.

REQUIREMENTS OF SECTION 87 OF THE NTA

60 The joint submissions seek that a determination of native title should be made pursuant to s 87 of the NTA. Section 87 of the NTA provides that the Court may make a determination of native title by consent without holding a hearing where:

(1) the period specified in the notice given under s 66 of the NTA has ended and an agreement has been reached regarding the proceeding or part of the proceeding: s 87(1)(a);

(2) the terms of an agreement, in writing signed by or on behalf of the parties, are filed with the Court: s 87(1)(b);

(3) the Court is satisfied that an order in, or consistent with, those terms would be within the power of the Court: s 87(1)(c); and

(4) it appears appropriate to the Court to make the orders sought: s 87(1A) and s 87(2).

61 Pursuant to s 87(1) of the NTA, the notification period for the Nyiyaparli Applications referred to in s 66(8) and s 66(10)(c) of the NTA has ended. This condition is therefore satisfied.

62 The requirements of s 87(1)(a) and (b) of the NTA are established. There is an agreement in writing for a proposed determination of native title which has been filed with the Court. The agreement is reflected in the Minute which has been signed by (or on behalf of) all parties to the proceeding.

63 In accordance with s 87(1)(c) NTA, the orders sought in the Minute are consistent with the terms of the agreement and are within the power of the Court to make for the following reasons:

(1) the Nyiyaparli Applications are validly made, having been authorised by the native title claimants according to a decision-making process agreed to and adopted by the claim group members that authorised the Nyiyaparli Applicants to bring the applications;

(2) the Nyiyaparli Applications are for a determination of native title in relation to areas for which there is no approved determination of native title (s 13(1)(a) of the NTA) and there remains no approved determination in relation to the areas the subject of the proposed determination (s 68 of the NTA);

(3) there are no other proceedings before the Court relating to native title determination applications that cover any part of the area the subject of the proposed determination which would otherwise require orders to be made under s 67(1) of the NTA;

(4) the form of the determination proposed, as outlined in the Minute, complies with s 94A and s 225 of the NTA; and

(5) the requirements of s 87 of the NTA are otherwise satisfied.

64 Section 87(1A) of the NTA requires the Court to be satisfied that it is appropriate to make the determination sought by the parties. This is a discretion that must be exercised judicially and within the broad boundaries ascertained by reference to the subject matter, scope and purpose of the NTA. See Brown (on behalf of the Ngarla People) v State of Western Australia [2007] FCA 1025 at [22] (Bennett J).

65 Section 87(2) of the NTA does not require the Court to receive evidence, make findings, embark on its own inquiry on the merits of the claim made in the application, or even to form a final view as to whether the legal requirements for proving native title have been met. It may be appropriate to make orders under s 87 of the NTA where the Court is satisfied that the parties have freely and on an informed basis come to an agreement. See Ward v State of Western Australia [2006] FCA 1848 at [8]. The primary focus of the Court is on the making of the agreement by the parties. See Lander v State of South Australia [2012] FCA 427 at [11].

66 In particular, s 87 of the NTA is designed to encourage the parties to take responsibility for resolving proceedings without the need for litigation and must be exercised flexibly and with regard to the purpose for which the section is designed. See Lovett on behalf of the Gunditjmara People v State of Victoria [2007] FCA 474 at [36] (North J). In the context of a consent determination, a party is not required to prove, or have proved to them, matters of fact as if the proceeding was contested. See Watson on behalf of the Nyikina Mangala People v State of Western Australia (No 6) [2014] FCA 545 at [29] (Gilmour J).

67 The requirements of s 87(2) of the NTA will often be met where the Court is satisfied that a relevant government respondent – such as the State – has, through competent legal representation, satisfied itself as to the cogency of the evidence upon which an applicant relies. Generally this will not involve the Court making findings on the evidence on which the government respondent relies, although the Court might consider that evidence for the limited purpose of being satisfied that the government respondent is acting in good faith and rationally. See Lovett at [37]; Munn (for and on behalf of the Gunggari People) v Queensland (2001) 115 FCR 109 at [29]-[30]; [2001] FCA 1229 (Emmett J).

68 The joint submissions outline that the State has played an active role in the negotiation of the proposed consent determination contained in the Minute and it is apparent that the State has taken a real interest in the proceeding in the interests of the community generally. In so doing, the State has, acting on behalf of the community generally, had regard to the requirements of the NTA.

69 Through an assessment process, which has included consideration of a significant volume of connection material, and after a considerable period of negotiations, the State has satisfied itself that the Determination is justified in all the circumstances. The information and connection material provided by the Nyiyaparli Applicants is, in the view of the State, sufficient to demonstrate that the Nyiyaparli Applications have a credible basis. The State is satisfied, as set out in the joint submissions, that the material presented is sufficient to evidence the maintenance of connection according to traditional laws and customs in the Determination Area.

70 The State has also conducted searches of land tenure, mining and petroleum registries to determine the extent of “other interests” within the Determination Area, and the Determination includes those other interests at Schedule Six such that the Determination complies with s 225 of the NTA.

71 In relation to this proceeding, the State and the Nyiyaparli Applicants have been legally represented throughout the negotiation process. All other respondent parties have also had the benefit of legal representation.

72 In the circumstances, based on the material filed, which indicates that the agreement reached by the parties is freely entered into on an informed basis, and the State’s active role in the negotiations, I am satisfied that it is appropriate and within the power of the Court under s 87 and s 94A of the NTA to make the Determination.

CONCLUSION

73 By signing the Minute, the parties have indicated their agreement to the Determination I am about to make. The Court congratulates the Nyiyaparli Applicants, the State and non-State respondent parties for negotiating and agreeing to consent orders being made in these terms. The Court also commends the legal and other representatives of all the parties who have worked assiduously to help produce this outcome.

74 I am satisfied that it is appropriate and within power to make the Determination of native title in the terms proposed pursuant to s 87 and s 94A of the NTA. The Determination constitutes recognition by Australian law of the enduring traditional laws and customs of the Nyiyaparli People over the Determination Area. It includes an order that KNAC is to hold the rights and interests from time to time comprising the native title in trust for the native title holders pursuant to s 56(2) of the NTA.

75 The effect of the Determination, when made, is that the Nyiyaparli People, in accordance with the traditional laws acknowledged and the traditional customs observed by them, will be recognised as the native title holders for the Determination Area.

76 I now make the Determination as proposed by the parties that has that effect.

I certify that the preceding seventy-six (76) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Barker.

Associate:

Dated: 26 September 2018

SCHEDULE OF PARTIES

	WAD 6280 of 1998
Respondents
Fourth Respondent:	BHP BILLITON MINERALS PTY LTD, BHP IRON ORE (JIMBELBAR) PTY LTD, ITOCHU MINERALS & ENERGY OF AUSTRALIA PTY LTD, MITSUI IRON ORE CORPORATION PTY LTD, MITSUI-ITOCHU IRON PTY LTD, PILBARA PASTORAL CO PTY LTD
Fifth Respondent:	GAYNA PARK PTY LTD
Sixth Respondent:	HAMERSLEY EXPLORATION PTY LTD, HAMERSLEY IRON PTY LTD, HAMERSLEY RESOURCES LTD, HAMERSLEY IRON-YANDI PTY LTD
Seventh Respondent:	DEBORAH JANE ANICK, JOHN CHRISTOPHER ANICK, BALFOUR DOWNS PROSPECTING COY PTY LTD, RACHEL MARY BURN, HANCOCK PROSPECTING PTY LTD, KEYDRIVE PTY LTD, ANNE CATHERINE PAULL, CHANDRA LOUISE RIDLEY, G H RINEHART, ROY HILL STATION PTY LTD, BRENT RONALD SMOOTHY, STARTLINE NOMINEES PTY LTD, SUNBLADE HOLDINGS PTY LTD (PRAIRIE DOWNS), VANGUARD ENTERPRISES PTY LTD
Eighth Respondent:	AIRSERVICES AUSTRALIA
Ninth Respondent:	TELSTRA CORPORATION
Tenth Respondent:	COMMONWEALTH OF AUSTRALIA

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