Hughes (on behalf of the Eastern Guruma People) v State of Western Australia [2007] FCA 365 (Annexure)

ANNEXURE ‘A’

DETERMINATION

THE COURT ORDERS, DECLARES AND DETERMINES THAT:

1. The Eastern Guruma Determination Area A ("Determination Area A") is the land and waters within the external boundary described in the First Schedule and depicted on the maps at Attachment 1 to the First Schedule other than the exclusions from the area as described in the First Schedule. In the event of any inconsistency between the written description in Schedule 1 and the areas depicted on the maps at Attachment 1, the written description prevails.

2. Native title exists in relation to Determination Area A.

3. The native title rights and interests are held by the persons described in the Third Schedule ("native title holders").

4. Subject to paragraphs 5 to 10:

(1) the nature and extent of the native title rights and interests held by the native title holders are non-exclusive rights to:

(a) enter and remain on the land, camp, erect temporary shelters, and travel over and visit any part of the land and waters;

(b) hunt, fish, gather or take and to use, share and exchange the resources of the land and waters such as food, water and medicinal plants and trees, timber, charcoal, ochre, stone and other traditional resources (excluding minerals);

(d) care for, maintain and protect from physical harm, particular objects, sites and areas of significance to the native title holders.

(2) The native title rights and interests set out in sub-paragraph (1) are exercisable in accordance with the traditional laws and customs of the native title holders for personal, domestic and non-commercial communal purposes (including social, medicinal, cultural, religious, spiritual and ceremonial purposes).

(3) The native title rights and interests set out in sub-paragraph (1) do not confer:

(a) possession, occupation, use and enjoyment on the native title holders to the exclusion of all others; nor

(b) a right to control the access of others to the land and waters of Determination Area A.

5. Notwithstanding anything in this determination the native title rights and interests include the right to take and use ochre to the extent that ochre is not a mineral pursuant to the Mining Act 1904 (WA), but do not include other minerals and petroleum as defined in the Mining Act 1904 (WA), Mining Act 1978 (WA), the Petroleum Act 1936 (WA) and the Petroleum Act 1967 (WA).

6. Section 47B of the Native Title Act 1993 (Cth) applies with the effect that any prior extinguishment in relation to the areas described in the Fourth Schedule is to be disregarded.

7. The native title rights and interests are subject to and exercisable in accordance with the laws of the State and the Commonwealth including the common law.

8. The nature and extent of other rights and interests in relation to Determination Area A in existence at the date of this determination are those set out in the Second Schedule.

9. The relationship between the native title rights and interests described in sub-paragraph 4(1) and the other rights and interests referred to in paragraph 8 ("the other rights and interests") is that:

(1) to the extent that any of the other rights and interests is 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 rights and interests to the extent of the inconsistency during the currency of the other rights and interests; and otherwise,

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

10. Nothing in paragraph 9 is intended to affect the operation of Part F of the Hamersley Iron Pty Ltd – Eastern Guruma Indigenous Land Use Agreement (Area Agreement) ("ILUA") dated 27 November 2002 and registered on the Register of Indigenous Land Use Agreements on 5 March 2004 (Tribunal No. WI01/1). For the avoidance of doubt, to the extent that the native title rights and interests co-exist with the "Agreed Interests" in the "Agreement Area" (as those terms are defined in the ILUA), the native title rights and interests can only be exercised in a manner that is consistent with the ILUA.

FIRST SCHEDULE

DESCRIPTION OF DETERMINATION AREA A

Determination Area A, shown on Attachment 1 to this Schedule, comprises all of the land and waters bounded by the following description of the External Boundaries, except those areas described in this Schedule under the headings "Internal Boundaries" and "Exclusions from Determination Area A".

External Boundaries

Commencing at the intersection of Latitude 22.705647 South and Longitude 117.334829Eastand extending generally northwesterly, generally northeasterly and generally southeasterly passing through the following coordinate positions:

LATITUDE (SOUTH)	LONGITUDE (EAST)
22.700554	117.333330
22.696324	117.332070
22.691344	117.329640
22.684674	117.325919
22.678464	117.322629
22.673354	117.319819
22.667144	117.316349
22.662154	117.312669
22.657734	117.309169
22.652494	117.304369
22.644944	117.300039
22.638644	117.298309
22.628284	117.295499
22.621864	117.294208
22.616954	117.293578
22.610474	117.292718
22.605384	117.291408
22.600404	117.289228
22.596864	117.287528
22.591664	117.286838
22.587434	117.285828
22.581874	117.283088
22.574504	117.278878
22.566604	117.274298
22.560054	117.271268
22.550894	117.266888
22.544814	117.264778
22.536354	117.260958
22.528474	117.257377
22.522394	117.256137
22.516374	117.254397
22.513194	117.253757
22.509614	117.253167
22.507244	117.252767
22.504524	117.252237
22.502154	117.251767
22.499434	117.251487
22.496664	117.250897
22.493654	117.250677
22.490544	117.250777
22.487254	117.251007
22.482754	117.251807
22.479074	117.253658
22.475803	117.255998
22.472593	117.257658
22.466723	117.260279
22.462873	117.261879
22.457243	117.264999
22.453613	117.266229
22.449293	117.267649
22.446133	117.268429
22.442093	117.268730
22.437003	117.268290
22.432133	117.265920
22.428413	117.262599
22.425433	117.258589
22.422613	117.253199
22.420713	117.247179
22.418753	117.241159
22.416394	117.235208
22.413974	117.229638
22.412654	117.224048
22.410804	117.218147
22.408735	117.211947
22.408355	117.208146
22.407785	117.203296
22.407656	117.194576
22.406606	117.187426
22.405096	117.179476
22.403776	117.173886
22.402156	117.167916
22.400306	117.161096
22.398856	117.154065
22.397516	117.146046
22.396186	117.139026
22.394756	117.133686
22.392155	117.128056
22.389805	117.122656
22.388535	117.116756
22.389036	117.108155
22.389826	117.099425
22.391486	117.091555
22.392356	117.085315
22.392277	117.077035
22.392367	117.067315
22.392307	117.060905
22.390757	117.055445
22.388697	117.050735
22.386397	117.045405
22.383177	117.040515
22.380197	117.037005
22.377117	117.033925
22.372407	117.030995
22.366897	117.027695
22.363527	117.025745
22.359997	117.024225
22.357207	117.021895
22.354057	117.018505
22.350267	117.014995
22.346717	117.011305
22.341247	117.006696
22.332977	117.004546
22.325246	117.005446
22.319716	117.006576
22.316256	117.007056
22.310496	117.008486
22.306296	117.009976
22.302036	117.012017
22.297375	117.014127
22.291285	117.016317
22.286275	117.018307
22.281555	117.019607
22.277064	117.021157
22.270554	117.022727
22.265414	117.022977
22.261083	117.022587
22.255533	117.021537
22.248243	117.019317
22.243203	117.017877
22.238113	117.016876
22.235973	117.016596
22.231352	117.016086
22.227252	117.015696
22.222802	117.015006
22.221873	117.014791
22.220969	117.016828
22.219019	117.018327
22.216021	117.020127
22.215271	117.022826
22.215571	117.025075
22.215421	117.026425
22.214371	117.028974
22.213022	117.031973
22.213320	117.034222
22.214520	117.036171
22.216469	117.039920
22.216769	117.042619
22.216619	117.045318
22.213770	117.048317
22.209722	117.051166
22.206573	117.052216
22.203424	117.053715
22.202524	117.056265
22.202075	117.059414
22.202824	117.062113
22.204174	117.063762
22.205973	117.065711
22.208672	117.069460
22.210621	117.073058
22.211221	117.077857
22.211071	117.082655
22.212121	117.086704
22.213920	117.090003
22.214520	117.092852
22.216619	117.095701
22.218269	117.097050
22.220222	117.100937
22.209805	117.106227
22.202459	117.107707
22.194499	117.108363
22.184443	117.109553
22.174179	117.110857
22.166156	117.111048
22.156822	117.113840
22.150839	117.115724
22.146221	117.117609
22.141414	117.118906
22.136307	117.121729
22.129313	117.123675
22.121760	117.124385
22.113248	117.125660
22.108900	117.129344
22.105642	117.135853
22.104939	117.144671
22.103383	117.147342
22.100838	117.153263
22.097182	117.159694
22.092215	117.166353
22.088563	117.176706
22.086138	117.188310
22.084678	117.200028
22.084040	117.211778
22.082129	117.221886
22.077935	117.229913
22.072144	117.236299
22.064936	117.241509
22.057633	117.249382
22.052635	117.256706
22.047173	117.265259
22.042482	117.271821
22.041632	117.277535
22.040094	117.283998
22.039728	117.286431
22.037543	117.295748
22.034773	117.303681
22.032779	117.311913
22.032139	117.320558
22.031913	117.325380
22.028705	117.329889
22.023323	117.333139
22.015178	117.339913
22.009426	117.343064
22.004443	117.345337
22.003438	117.346277
22.005342	117.351166
22.008242	117.358606
22.010242	117.363066
22.013172	117.368136
22.016702	117.374947
22.020522	117.382877
22.023632	117.387947
22.025502	117.391167
22.027852	117.395497
22.031552	117.401927
22.035362	117.408867
22.039002	117.415047
22.041762	117.420247
22.044232	117.425947
22.045662	117.430727
22.046822	117.437127
22.047332	117.443357
22.047632	117.450137
22.047852	117.455677
22.047662	117.459797
22.046272	117.465667
22.044992	117.471228
22.043491	117.477658
22.042721	117.482768
22.041711	117.491509
22.041191	117.498429
22.040731	117.504720
22.041101	117.507710
22.041071	117.510140
22.042121	117.517790
22.043921	117.526170
22.046761	117.533050
22.049511	117.537510
22.052921	117.543820
22.055811	117.551451
22.059181	117.559571
22.062481	117.567380
22.066901	117.577290
22.070571	117.587460
22.074001	117.597010
22.075951	117.607580
22.078431	117.620440
22.080551	117.631320
22.082131	117.640451
22.082551	117.648361
22.082781	117.654521
22.083301	117.661121
22.084101	117.666281
22.085181	117.671000
22.086331	117.676780
22.087071	117.683000
22.087931	117.687970
22.088431	117.692140
22.089691	117.698170
22.090431	117.703020
22.091061	117.709240
22.091401	117.714840
22.091701	117.722119
22.091371	117.730219
22.090781	117.735769
22.089231	117.742329
22.088541	117.749009
22.088531	117.754739
22.089721	117.758329
22.092592	117.763159
22.098292	117.768009
22.103002	117.771689
22.105562	117.773719
22.107942	117.775439
22.111612	117.778759
22.118072	117.784719
22.121492	117.786919
22.124642	117.790439
22.128912	117.796549
22.130902	117.799579
22.133492	117.805159
22.137042	117.813899
22.140102	117.820589
22.142633	117.826599
22.144663	117.833799
22.146693	117.840999
22.149003	117.847889
22.151063	117.852349
22.152893	117.855879
22.153863	117.861409
22.154023	117.866389
22.153422	117.870759
22.153472	117.875799
22.156582	117.881618
22.159852	117.885318
22.163702	117.890258
22.167732	117.895248
22.170882	117.898887
22.173512	117.902597
22.177081	117.907657
22.179541	117.912057
22.182361	117.916626
22.185871	117.922066
22.190131	117.927126
22.193111	117.931136
22.196440	117.935705
22.200580	117.940585
22.203500	117.943905
22.206480	117.947795

Thence southeasterly to the intersection of a western boundary of pastoral lease 3114/465 (Mount Florance) with Latitude 22.210019 South. Thence southerly and easterly along the boundaries of that pastoral lease, to Longitude 117.966611 East. Thence generally southeasterly through the following coordinate points:

LATITUDE (SOUTH)	LONGITUDE (EAST)
22.224921	117.969875
22.229931	117.974365

Thence southeasterly to the intersection of a western boundary of reserve 30082 (Karijini National Park) with Latitude 22.230431 South. Thence generally southwesterly and easterly along the boundaries of that reserve to Longitude 118.016010 East. Thence generally southwesterly to Latitude 22.283661 South, Longitude 118.018147 East. Thence southeasterly to the intersection of a western boundary of reserve 30082 (Karijini National Park) with Latitude 22.288220 South. Thence southerly, westerly and again southerly along boundaries of that reserve to Latitude 22.347871 South. Thence generally southwesterly and generally southeasterly through the following coordinate points:

LATITUDE (SOUTH)	LONGITUDE (EAST)
22.347891	118.002685
22.348850	117.999755
22.350791	117.997545
22.354361	117.996015
22.357921	117.994535
22.361091	117.993505
22.364491	117.993275
22.367561	117.994486
22.370531	117.996946
22.373621	118.000266

Thence southeasterly to the intersection of a western boundary of reserve 30082 (Karijini National Park) with Latitude 22.375657 South. Thence southerly and easterly along boundaries of that reserve to Longitude 118.030827 East. Thence generally southeasterly and generally easterly through the following coordinate points:

LATITUDE (SOUTH)	LONGITUDE (EAST)
22.524335	118.036370
22.527665	118.041000
22.530885	118.045260
22.533405	118.049721
22.534596	118.053501
22.535056	118.059971
22.534706	118.066461
22.534256	118.073311
22.534026	118.079861

Thence easterly to the intersection of a western boundary of reserve 30082 (Karijini National Park) with Latitude 22.533953 South. Thence southerly, generally westerly and again southerly along the boundaries of that reserve to Latitude 22.874031 South. Thence generally northwesterly and generally southwesterly through the following coordinate points:

LATITUDE (SOUTH)	LONGITUDE (EAST)
22.872848	117.895783
22.872428	117.894094
22.872362	117.892391
22.869444	117.884162
22.867949	117.879101
22.865819	117.872927
22.863668	117.866186
22.861392	117.859259
22.858231	117.850849
22.855358	117.843755
22.853478	117.837951
22.850170	117.828789
22.847709	117.823195
22.845624	117.818156
22.843553	117.813495
22.839014	117.806083
22.834275	117.799625
22.832558	117.797982
22.829080	117.790531
22.824865	117.782349
22.822440	117.777701
22.819994	117.772485
22.815196	117.764514
22.811386	117.757643
22.808896	117.751293
22.806243	117.743812
22.804902	117.739693
22.803023	117.733888
22.802190	117.730698
22.802154	117.729752
22.800009	117.723200
22.798816	117.716802
22.796200	117.707235
22.795066	117.702352
22.792377	117.693925
22.789761	117.684359
22.788155	117.676459
22.786248	117.666867
22.784317	117.659738
22.782056	117.650159
22.780803	117.645279
22.778976	117.637768
22.777098	117.631964
22.774828	117.622196
22.773156	117.612595
22.770828	117.604344
22.769458	117.599469
22.767948	117.594030
22.765376	117.585598
22.763483	117.579416
22.760034	117.572721
22.756461	117.565842
22.754766	117.561736
22.750241	117.554702
22.745835	117.547664
22.743735	117.545279
22.742305	117.541921
22.738208	117.533733
22.735703	117.530036
22.732985	117.523883
22.730796	117.519227
22.727974	117.513457
22.724813	117.505047
22.721593	117.498155
22.720554	117.495730
22.718800	117.493142
22.716346	117.487737
22.714268	117.482887
22.711653	117.473321
22.709163	117.466971
22.707321	117.462112
22.703725	117.451634
22.701787	117.444316
22.700292	117.439256
22.697301	117.429134
22.696969	117.426684
22.695540	117.423326
22.694258	117.417689
22.690611	117.405887
22.688371	117.396875
22.686456	117.390125
22.685167	117.381268
22.684607	117.375984
22.684570	117.375038
22.685639	117.369126
22.687747	117.365639
22.693010	117.358248
22.698162	117.351051
22.701198	117.347151
22.702798	117.345766
22.703690	117.344408
22.704324	117.342490
22.705577	117.335245

And thence southwesterly back to the commencement point.

Internal Boundaries (Tom Price townsite)

Determination Area A does not include Tom Price townsite, being all that portion of land bounded by lines starting from the northwestern corner of the northwestern severance of Gregory Location 26 and extending easterly along the northern boundary of that severance and onwards to the westernmost, northwestern corner of the northeastern severance of location 26. Thence easterly, southeasterly and southwesterly along boundaries of that severance and onwards to the easternmost, northeastern corner of the southeastern severance of location 26. Thence southwesterly, southeasterly and northwesterly along boundaries of that severance and onwards to the southernmost corner of a southwestern severance of location 26. Thence northwesterly along the southwestern boundary of that severance to the southernmost corner of the western severance of lot 36, as shown on Department of Land Information Deposited Plan 51845. Thence northwesterly along the southwestern boundary of that severance and onwards to a western boundary of Gregory location 9, as shown on Department of Land Information Deposited Plan 216332. Thence generally northerly along boundaries of that location to the southernmost, southeastern corner of Gregory location 57, as shown on Department of Land Information Deposited Plan 216345. Thence generally northwesterly, westerly, northerly, again generally northwesterly and again northerly along boundaries of that location to the southwestern corner of a western severance of location 26. Thence northerly along the western boundary of that severance and onwards to and along the western boundary of the northwestern severance of that location back to the commencement point.

Notes:

1. Geographic Coordinates provided in Decimal Degrees

2.Cadastral boundaries sourced from Landgate

3.Spatial cadastral data dated January 2007

4.Datum: Geocentric Datum of Australia (1994)

5.Prepared by Land Claims Mapping Unit (Landgate), 6 February 2007

EXCLUSIONS FROM DETERMINATION AREA A

The following areas, having been excluded from the native title determination application, are excluded from Determination Area A in accordance with section 61A of the Native Title Act 1993 (Cth) (and section 23C of the Native Title Act 1993 (Cth), and section 12I and 12J of the Titles (Validation) and Native Title (Effect of Past Acts) Act 1995 (WA)) because they are areas where previous exclusive possession acts have occurred and native title has been completely extinguished in relation to the whole of these areas. With the exception of those public works which are captured by the definition at paragraph 6 of this Schedule, all of the following areas are hatched in red on the maps at Attachment 1 to the First Schedule:

1. Freehold

(a) Gregory Location 29 (CT 145/772).

2. Vested Reserves

(a) Reserve 39013 (Gregory Location 47) for the purpose of a repeater station site vested pursuant to section 33 of the Land Act 1933 (WA) in the Australian Telecommunications Commissions on 9 August 1991;

(b) Reserve 39204 (Gregory Location 52) for the purpose of a pistol club and range vested pursuant to section 33 of the Land Act 1933 (WA) in the Shire of West Pilbara on 20 September 1985, and re-vested in the Shire of Ashburton for the purpose of "recreation – archery" on 19 April 1991; and

(c) Reserve 42406 (Gregory Location 93) for the purpose of soil extraction vested pursuant to section 33 of the Land Act 1933 (WA) in the Shire of Ashburton on 27 November 1992.

3. Special Leases

(a) Special Lease 3116/3466 granted on 4 November 1966 pursuant to section 116 of the Land Act 1933 (WA) and the Iron Ore (Hamersley Range) Agreement Act 1963-1964 for the special purpose of the construction, operation and use of an aerodrome;

(b) Special Lease 3116/3467 (GE I144501) granted on 4 November 1966 pursuant to section 116 of the Land Act 1933 (WA) and the Iron Ore (Hamersley Range) Agreement Act 1963-1964 for the special purpose of boring for, conserving, reticulating and drawing water;

(c) Special Lease 3116/4001 granted on 31 March 1969 pursuant to section 116 of the Land Act 1933 (WA) and the Iron Ore (Hamersley Range) Agreement Act 1963-1964for the special purpose of ballast stockpile sites;

(d) Special Lease 3116/4011 granted on 18 September 1969 pursuant to section 116 of the Land Act 1933 (WA) and the Iron Ore (Hamersley Range) Agreement Act 1963-1964for the special purpose of radio communications and ancillary installations and facilities;

(e) Special Lease 3116/4592 (GE I206646) granted on 15 November 1974 pursuant to section 116 of the Land Act 1933 (WA) and the Iron Ore (Hamersley Range) Agreement Act 1963-1972 for the special purpose of a railway and associated works;

(f) Special Lease 3116/4595 granted on 29 April 1974 pursuant to section 116 of the Land Act 1933 (WA) and the Iron Ore (Hamersley Range) Agreement Act 1963-1972 for the special purpose of a quarry for the production of road metal and railway ballast;

(g) Special Lease 3116/4892 granted on 11 February 1972 pursuant to section 116 of the Land Act 1933 (WA) and the Iron Ore (Hamersley Range) Agreement Act 1963-1964 for the special purpose of permanent campsites for use in connection with the railway;

(h) Special Lease 3116/4984 (GE I195323) granted on or about 21 October 1975 pursuant to section 116 of the Land Act 1933 (WA) and the Iron Ore (Hamersley Range) Agreement Act 1963-1972 for the special purpose of a railway and associated works;

(i) Special Lease 3116/6044 granted on 13 September 1977 pursuant to section 116 of the Land Act 1933 (WA) and the Iron Ore (Hamersley Range) Agreement Act 1963-1968 for the special purpose of water pipes and power lines from bore to Tom Price townsite;

(j) Special Lease 3116/6045 granted on 13 September 1977 pursuant to section 116 of the Land Act 1933 (WA) and the Iron Ore (Hamersley Range) Agreement Act 1963-1968 for the special purpose of boring for, and conserving, reticulating and drawing water;

(k) Special Lease 3116/6868 granted on 28 May 1981 pursuant to section 116 of the Land Act 1933 (WA) and the Iron Ore (Hamersley Range) Agreement Act 1963-1979 for the special purpose of boring for, conserving, reticulating and drawing water;

(l) Special Lease 3116/7842 (GE I123646) granted on 8 March 1984 pursuant to section 116 of the Land Act 1933 (WA) and the Iron Ore (Hamersley Range) Agreement Act 1963-1982 for the special purpose of a power transmission line between Dampier, Tom Price and Paraburdoo and control equipment on an access track;

(m) Special Lease 3116/11603 (GE I134647) granted on 18 September 1995 pursuant to section 116 of the Land Act 1933 (WA) and the Iron Ore (Hamersley Range) Agreement Act 1963 for the special purpose of a bulk fuel depot and associated works and operations;

(n) Special Lease 3116/11805 (GE G848907) granted on 15 February 1998 pursuant to section 116 of the Land Act 1933 (WA) and the Iron Ore (Hamersley Range) Agreement Act 1963 for the special purpose of a railway spurline and railway and associated facilities;

(o) Special Lease 3116/11806 (GE G848909) granted on 15 February 1998 pursuant to section 116 of the Land Act 1933 (WA) and the Iron Ore (Hamersley Range) Agreement Act 1963 for the special purpose of a communications tower and railway and associated facilities;

(p) Special Lease 3116/11807 (GE G848902) granted on 15 February 1998 pursuant to section 116 of the Land Act 1933 (WA) and the Iron Ore (Hamersley Range) Agreement Act 1963for the special purpose of access roads and railway and associated facilities;

(q) Special Lease 3116/11808 (GE G848898) granted on 15 February 1998 pursuant to section 116 of the Land Act 1933 (WA) and the Iron Ore (Hamersley Range) Agreement Act 1963for the special purpose of a campsite and services corridor, railway and associated facilities;

(r) Special Lease 3116/11869 (GE I134828) granted on 13 August 1997 pursuant to section 116 of the Land Act 1933 (WA) and the Iron Ore (Hamersley Range) Agreement Act 1963 for the special purpose of the development, construction, provision, upgrading, operation and use of a railway power transmission line and communications system and associated facilities including borrow pits; and

(s) Special Lease 3116/11913 (GE G848899) granted on 15 February 1998 pursuant to section 116 of the Land Act 1933 (WA) and the Iron Ore (Hamersley Range) Agreement Act 1963 for the special purpose of the construction, development, maintenance, use and operation of Communication Repeater Station 830 including access road thereto and ancillary installations and facilities.

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

(a) Road No.1644 (with a width of 20.12 metres) set aside, taken, or resumed under section 17 of the Public Works Act 1902 (WA), gazetted on 31 July 1903, p.1963;

(b) Road No.1718 (with a width of 20.12 metres) set aside, taken, or resumed under section 17 of the Public Works Act 1902 (WA), gazetted on 18 December 1903, p.3310;

(c) Road No.14619 (with a width of 100.6 metres) dedicated pursuant to section 288 of the Local Government Act 1960 (WA), gazetted on 3 March 1972, p.489;

(d) Road No.15057 (with a width of 100.58 metres) dedicated pursuant to section 288 of the Local Government Act 1960 (WA), gazetted on 14 March 1975, p.875;

(e) Public Road (Tom Price Paraburdoo Road) dedicated pursuant to section 56 of the Land Administration Act 1997 (WA), marked on Deposited Plans No.242848 and 242851; and

(f) Road No.1644 (Nameless Valley Drive), (with a width of 20.12 metres) dedicated at common law and, marked on Miscellaneous Plan 470 sheet 2.

5. Telecommunications Facilities

The following sites on which public works, as that expression is defined in the Native Title Act 1993 (Cth), have been constructed:

(a) Barnett Telecommunications Site, being a rectangular area of 500m² (25m x 20m), the station mark of which is located approximately at Longitude 117°40'23.96" Latitude 22°20'28.99"; and

(b) Mt Nameless Telecommunications Site, being a square shaped area of 8,361m² (91.44m x 91.44m), the station mark of which is located approximately at Longitude 117°45'37.51" Latitude 22°43'12.40".

6. Public Works

Any public works as that expression is defined in the Native Title Act 1993 (Cth) and the Titles (Validation) and Native Title (Effect of Past Acts) Act 1995 (WA) within the external boundary of Determination Area A including the land and waters defined in section 251D of the Native Title Act 1993 (Cth), are excluded from Determination Area A.

FIRST SCHEDULE – ATTACHMENT 1

MAPS SHOWING DETERMINATION AREA A,

EXCLUSIONS FROM DETERMINATION AREA A,

AND AREAS TO WHICH SECTION 47B OF THE NATIVE TITLE ACT 1993 (CTH) APPLIES

SECOND SCHEDULE

The nature and extent of other rights and interests in relation to Determination Area A are:

1. Reserves

The interests of persons who have the care, control and management of the following reserves, and the interests of persons entitled to access and use these reserves for the respective purposes for which they are reserved, subject to any statutory limitations upon those rights:

(a) Reserve 27915 (Gregory Location 3) for the purpose of a resting place for travellers and stock; and

(b) Reserve 29879 (Gregory Location 18) for the purpose of a rifle range.

2. Pastoral Leases

The rights and interests of the holders from time to time of the following pastoral leases:

(a) pastoral lease 3114/1166 being Rocklea Station;

(b) pastoral lease 3114/1228 being Coolawanyah Station; and

3. Mining Tenements

The interests of the holders of the following mining tenements granted under the Mining Act 1978 (WA):

(a) Mining Leases

Tenement ID	Holder	Date Granted
M47/193	Aradon Pty Ltd	18.11.1988
M47/194	Barry Neil Kayes and National Gemstones Australia Pty Ltd	16.12.1988
M47/299	Rinker Australia Pty Ltd	24.12.1992
M47/369	Hamersley Iron Pty Ltd	29.09.1995
M47/370	Hamersley Iron Pty Ltd	29.09.1995
M47/371	Hamersley Iron Pty Ltd	29.09.1995
M47/372	Hamersley Iron Pty Ltd	29.09.1995
M47/459	Cape Lambert Iron Associates, Mitsui Iron Ore Development Pty Ltd, North Mining Ltd, Pannawonica Iron Associates and Robe River Mining Co Pty Ltd	09.06.2000
M47/460	Cape Lambert Iron Associates, Mitsui Iron Ore Development Pty Ltd, North Mining Ltd, Pannawonica Iron Associates and Robe River Mining Co Pty Ltd	09.06.2000
M47/461	Cape Lambert Iron Associates, Mitsui Iron Ore Development Pty Ltd, North Mining Ltd, Pannawonica Iron Associates and Robe River Mining Co Pty Ltd	09.06.2000

(b) General Purpose Leases

Tenement	Holder	Date Granted
G47/1226	Hamersley Iron Pty Ltd	16.08.2005
G47/1228	Hamersley Iron Pty Ltd	16.08.2005

Tenement ID	Holder	Date Granted
L47/18	Hamersley Iron Pty Ltd and Hamersley Resources Ltd	22.01.1992
L47/19	Hamersley Iron Pty Ltd and Hamersley Resources Ltd	22.01.1992
L47/48	Cape Lambert Iron Associates, Mitsui Iron Ore Development Pty Ltd, North Mining Ltd, Pannawonica Iron Associates and Robe River Mining Co Pty Ltd	05.09.2000
L47/49	Cape Lambert Iron Associates, Mitsui Iron Ore Development Pty Ltd, North Mining Ltd, Pannawonica Iron Associates and Robe River Mining Co Pty Ltd	05.09.2000
L47/64	Cape Lambert Iron Associates, Mitsui Iron Ore Development Pty Ltd, North Mining Ltd, Pannawonica Iron Associates and Robe River Mining Co Pty Ltd	05.09.2000
L47/65	Cape Lambert Iron Associates, Mitsui Iron Ore Development Pty Ltd, North Mining Ltd, Pannawonica Iron Associates and Robe River Mining Co Pty Ltd	05.09.2000
L47/66	Cape Lambert Iron Associates, Mitsui Iron Ore Development Pty Ltd, North Mining Ltd, Pannawonica Iron Associates and Robe River Mining Co Pty Ltd	05.09.2000
L47/79	Cape Lambert Iron Associates, Mitsui Iron Ore Development Pty Ltd, North Mining Ltd, Pannawonica Iron Associates and Robe River Mining Co Pty Ltd	05.09.2000
L47/82	Cape Lambert Iron Associates, Mitsui Iron Ore Development Pty Ltd, North Mining Ltd, Pannawonica Iron Associates and Robe River Mining Co Pty Ltd	05.09.2000
L47/83	Cape Lambert Iron Associates, Mitsui Iron Ore Development Pty Ltd, North Mining Ltd, Pannawonica Iron Associates and Robe River Mining Co Pty Ltd	05.09.2000
L47/84	Cape Lambert Iron Associates, Mitsui Iron Ore Development Pty Ltd, North Mining Ltd, Pannawonica Iron Associates and Robe River Mining Co Pty Ltd	05.09.2000
L47/86	Cape Lambert Iron Associates, Mitsui Iron Ore Development Pty Ltd, North Mining Ltd, Pannawonica Iron Associates and Robe River Mining Co Pty Ltd	05.09.2000
L47/89	Cape Lambert Iron Associates, Mitsui Iron Ore Development Pty Ltd, North Mining Ltd, Pannawonica Iron Associates and Robe River Mining Co Pty Ltd	05.09.2000
L47/100	Hamersley Iron – Yandi Pty Ltd	08.10.2001
L47/121	Cape Lambert Iron Associates, Mitsui Iron Ore Development Pty Ltd, North Mining Ltd, Pannawonica Iron Associates and Robe River Mining Co Pty Ltd	20.05.2004
L47/122	Cape Lambert Iron Associates, Mitsui Iron Ore Development Pty Ltd, North Mining Ltd, Pannawonica Iron Associates and Robe River Mining Co Pty Ltd	20.05.2004
L47/127	Cape Lambert Iron Associates, Mitsui Iron Ore Development Pty Ltd, North Mining Ltd, Pannawonica Iron Associates and Robe River Mining Co Pty Ltd	07.05.2004
L47/128	Cape Lambert Iron Associates, Mitsui Iron Ore Development Pty Ltd, North Mining Ltd, Pannawonica Iron Associates and Robe River Mining Co Pty Ltd	07.05.2004
L47/129	Cape Lambert Iron Associates, Mitsui Iron Ore Development Pty Ltd, North Mining Ltd, Pannawonica Iron Associates and Robe River Mining Co Pty Ltd	20.05.2004
L47/136	Hamersley Iron Pty Ltd	11.03.2005
L47/137	Hamersley Iron Pty Ltd	09.06.2005
L47/139	Hamersley Iron Pty Ltd	25.05.2005
L47/140	Hamersley Iron Pty Ltd	25.05.2005
L47/141	Hamersley Iron Pty Ltd	27.09.2006
L47/143	Hamersley Iron Pty Ltd	25.05.2005
L47/144	Hamersley Iron Pty Ltd	25.05.2005
L47/151	Hamersley Iron Pty Ltd	25.05.2005
L47/152	Hamersley Iron Pty Ltd	25.05.2005
L47/153	Hamersley Iron Pty Ltd	27.09.2006
L47/159	Hamersley Iron Pty Ltd	27.01.2006
L47/160	Hamersley Iron Pty Ltd	27.01.2006
L47/161	Hamersley Iron Pty Ltd	13.04.2006

(d) Exploration Licences

Tenement ID	Holder	Date Granted
E47/31	Hamersley Exploration Pty Ltd	18.12.1982
E47/45	Hamersley Exploration Pty Ltd	18.12.1982
E47/47	Hamersley Exploration Pty Ltd	18.12.1982
E47/48	Hamersley Exploration Pty Ltd	18.12.1982
E47/53	Hamersley Exploration Pty Ltd	18.12.1982
E47/56	Hamersley Exploration Pty Ltd	18.12.1982
E47/473	Hamersley Exploration Pty Ltd	22.08.1989
E47/474	Hamersley Exploration Pty Ltd	22.08.1989
E47/475	Hamersley Exploration Pty Ltd	22.08.1989
E47/537	Hamersley Iron Pty Ltd and Hamersley Resources Ltd	16.10.1990
E47/538	Hamersley Iron Pty Ltd and Hamersley Resources Ltd	16.10.1990
E47/656	Cape Lambert Iron Associates, Mitsui Iron Ore Development Pty Ltd, North Mining Ltd, Pannawonica Iron Associates and Robe River Mining Co Pty Ltd	16.08.1993
E47/661	Hamersley Exploration Pty Ltd	24.11.1993
E47/707	Cape Lambert Iron Associates, Mitsui Iron Ore Development Pty Ltd, North Mining Ltd, Pannawonica Iron Associates and Robe River Mining Co Pty Ltd	25.08.1994
E47/731	Cape Lambert Iron Associates, Mitsui Iron Ore Development Pty Ltd, North Mining Ltd, Pannawonica Iron Associates and Robe River Mining Co Pty Ltd	24.04.1996
E47/733	Cape Lambert Iron Associates, Mitsui Iron Ore Development Pty Ltd, North Mining Ltd, Pannawonica Iron Associates and Robe River Mining Co Pty Ltd	24.04.1996
E47/882	Flinders Diamonds and Prenti Exploration Pty Ltd	31.10.1997
E47/892	Hamersley Iron Pty Ltd	13.07.1998
E47/1011	Flinders Diamonds and Prenti Exploration Pty Ltd	19.06.2001
E47/1022	Fortescue Resources Pty Ltd	06.10.2004
E47/1037	Hamersley Iron Pty Ltd	02.01.2001
E47/1054	Hamersley Iron Pty Ltd	04.10.2001
E47/1065	Hamersley Iron Pty Ltd	29.05.2003
E47/1106	Cape Lambert Iron Associates, Mitsui Iron Ore Development Pty Ltd, North Mining Ltd, Pannawonica Iron Associates and Robe River Mining Co Pty Ltd	14.02.2003
E47/1136	Talisman Mining Ltd	20.02.2003
E47/1142	Hamersley Iron Pty Ltd	30.11.2002
E47/1155	FMG Pilbara Pty Ltd	20.02.2003
E47/1206	Ausquest Ltd	23.01.2006
E47/1294	Ausquest Ltd	30.03.2004
E47/1306	Flinders Diamonds Ltd	17.11.2005
E47/1373	FMG Pilbara Pty Ltd	21.08.2006
E47/1390	Poondano Exploration Pty Ltd	21.06.2006
E47/1391	Poondano Exploration Pty Ltd	21.06.2006
E47/1411	Aquila Steel Pty Ltd and Westiron Pty Ltd	23.03.2005
E47/1412	Aquila Steel Pty Ltd and Westiron Pty Ltd	23.03.2005
E47/1416	Aquila Steel Pty Ltd and Westiron Pty Ltd	23.03.2005
E47/1455	Poondano Exploration Pty Ltd	11.06.2006
E47/1479	Poondano Exploration Pty Ltd	23.05.2006
E47/1480	Poondano Exploration Pty Ltd	23.05.2006
E47/1485	Ausquest Ltd	20.03.2006

(e) Prospecting Licences

Tenement ID	Holder	Date Granted
P47/1067	David Edward Vaughan	22.01.1996
P47/1101	Barry Neil Kayes	31.07.2000
P47/1105	Tamas Kapitany and Johan Pieter Pas	31.07.2000

4. State Agreement Act

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

(a) Mineral Leases

Tenement ID	Section	Holder	Date Granted
AML 70/4 [ML4SA]	1	Hamersley Iron Pty Ltd	25.03.1965
AML 70/4 [ML4SA]	2	Hamersley Iron Pty Ltd	25.03.1965
AML 70/4 [ML4SA]	3	Hamersley Iron Pty Ltd	25.03.1965
AML 70/4 [ML4SA]	4	Hamersley Iron Pty Ltd	25.03.1965
AML 70/4 [ML4SA]	5	Hamersley Iron Pty Ltd	25.03.1965
AML 70/4 [ML4SA]	6	Hamersley Iron Pty Ltd	25.03.1965
AML 70/4 [ML4SA]	7	Hamersley Iron Pty Ltd	25.03.1965
AML 70/4 [ML4SA]	8	Hamersley Iron Pty Ltd	25.03.1965
AML 70/4 [ML4SA]	9	Hamersley Iron Pty Ltd	25.03.1965
AML 70/4 [ML4SA]	10	Hamersley Iron Pty Ltd	25.03.1965
AML 70/4 [ML4SA]	11	Hamersley Iron Pty Ltd	25.03.1965
AML 70/4 [ML4SA]	12	Hamersley Iron Pty Ltd	25.03.1965
AML 70/4 [ML4SA]	13	Hamersley Iron Pty Ltd	25.03.1965
AML 70/4 [ML4SA]	14	Hamersley Iron Pty Ltd	25.03.1965
AML 70/4 [ML4SA]	15	Hamersley Iron Pty Ltd	25.03.1965
AML 70/4 [ML4SA]	53	Hamersley Iron Pty Ltd	25.03.1965
AML 70/4 [ML4SA]	55	Hamersley Iron Pty Ltd	25.03.1965
AML 70/4 [ML4SA]	66	Hamersley Iron Pty Ltd	25.03.1965
AML 70/4 [ML4SA]	67	Hamersley Iron Pty Ltd	25.03.1965
AML 70/4 [ML4SA]	69	Hamersley Iron Pty Ltd	25.03.1965
AML 70/4 [ML4SA]	70	Hamersley Iron Pty Ltd	25.03.1965
AML 70/4 [ML4SA]	72	Hamersley Iron Pty Ltd	25.03.1965
AML 70/4 [ML4SA]	75	Hamersley Iron Pty Ltd	25.03.1965
AML 70/4 [ML4SA]	78	Hamersley Iron Pty Ltd	25.03.1965
AML 70/4 [ML4SA]	105	Hamersley Iron Pty Ltd	25.03.1965
AML 70/4 [ML4SA]	106	Hamersley Iron Pty Ltd	25.03.1965
AML 70/4 [ML4SA]	107	Hamersley Iron Pty Ltd	25.03.1965
AML 70/4 [ML4SA]	108	Hamersley Iron Pty Ltd	25.03.1965
AML 70/4 [ML4SA]	109	Hamersley Iron Pty Ltd	25.03.1965
AML 70/4 [ML4SA]	110	Hamersley Iron Pty Ltd	25.03.1965
AML 70/4 [ML4SA]	112	Hamersley Iron Pty Ltd	25.03.1965
AML 70/4 [ML4SA]	113	Hamersley Iron Pty Ltd	25.03.1965
AML 70/4 [ML4SA]	115	Hamersley Iron Pty Ltd	25.03.1965
AML 70/4 [ML4SA]	116	Hamersley Iron Pty Ltd	25.03.1965
AML 70/4 [ML4SA]	117	Hamersley Iron Pty Ltd	25.03.1965
AML 70/4 [ML4SA]	118	Hamersley Iron Pty Ltd	25.03.1965
AML 70/4 [ML4SA]	119	Hamersley Iron Pty Ltd	25.03.1965
AML 70/4 [ML4SA]	120	Hamersley Iron Pty Ltd	25.03.1965
AML 70/4 [ML4SA]	121	Hamersley Iron Pty Ltd	25.03.1965
AML 70/4 [ML4SA]	122	Hamersley Iron Pty Ltd	25.03.1965
AML 70/4 [ML4SA]	232	Hamersley Iron Pty Ltd	08.12.1982
AML 70/4 [ML4SA]	233	Hamersley Iron Pty Ltd	08.12.1982
AML 70/4 [ML4SA]	234	Hamersley Iron Pty Ltd	08.12.1982
AML 70/4 [ML4SA]	235	Hamersley Iron Pty Ltd	08.12.1982
AML 70/4 [ML4SA]	239	Hamersley Iron Pty Ltd	13.04.1991
AML 70/4 [ML4SA]	240	Hamersley Iron Pty Ltd	11.12.2003
AML 70/4 [ML4SA]	241	Hamersley Iron Pty Ltd	11.12.2003
AML 70/4 [ML4SA]	242	Hamersley Iron Pty Ltd	11.12.2003
AML 70/4 [ML4SA]	243	Hamersley Iron Pty Ltd	11.12.2003
AML 70/4 [ML4SA]	257	Hamersley Iron Pty Ltd	11.12.2003
AML 70/4 [ML4SA]	258	Hamersley Iron Pty Ltd	11.12.2003
AML 70/4 [ML4SA]	264	Hamersley Iron Pty Ltd	11.12.2003
AML 70/4 [ML4SA]	265	Hamersley Iron Pty Ltd	11.12.2003
AML 70/4 [ML4SA]	266	Hamersley Iron Pty Ltd	11.12.2003
AML 70/4 [ML4SA]	267	Hamersley Iron Pty Ltd	11.12.2003
AML 70/4 [ML4SA]	268	Hamersley Iron Pty Ltd	11.12.2003
AML 70/4 [ML4SA]	269	Hamersley Iron Pty Ltd	11.12.2003
AML 70/4 [ML4SA]	270	Hamersley Iron Pty Ltd	11.12.2003

(b) Mining Leases

Tenement ID	Section	Holder	Date Granted
AM 70/272 [M272SA]	2	Hamersley Iron Pty Ltd	23.11.1992
AM 70/272 [M272SA]	3	Hamersley Iron Pty Ltd	23.11.1992

Tenement ID	Holder	Date Granted
Part AG70/3 [G 3SA]	Hamersley Iron Pty Ltd	03.08.1993

5. Indigenous Land Use Agreements

The Hamersley Iron Pty Ltd – Eastern Guruma Indigenous Land Use Agreement (Area Agreement) relating to part of Determination Area A, dated 27 November 2002, and registered on the Register of Indigenous Land Use Agreements on 5 March 2004 (Tribunal No.WI01/1), and the rights and interests comprised in, conferred under, or in accordance with, or pursuant to, that ILUA.

6. Intra-Indigenous Agreements

(a) The Intra-Indigenous Deed of Agreement Between Eastern Guruma Native Title Claimants and Kuruma Marthudunera Native Title Claimants annexed as Attachment 1 to this Schedule; and

(b) The Intra-Indigenous Deed of Agreement Between Eastern Guruma Native Title Claimants and Puutu Kunti Kurrama and Pinikura Native Title Claimants annexed as Attachment 2 to this Schedule.

7. Statutory Licences and Permits

The holders of licences and permits issued under the:

(a) Land Act 1933 (WA) and the Land Administration Act 1997 (WA);

(b) Fish Resources Management Act 1994 (WA);

(d) Wildlife Conservation Act 1950 (WA);

(e) Conservation and Land Management Act 1984(WA);

(f) Rights in Water and Irrigation Act 1914 (WA);

(g) Transport Co-ordination Act 1966 (WA); and

(h) Water Services Coordination Act 1995 (WA).

8. Other Rights and Interests

Other rights and interests:

(a) Valid or validated rights and interests granted by the Crown pursuant to statute or otherwise in the exercise of its executive power.

(b) Rights and interests held by reason of the force and operation of the laws of the State or of the Commonwealth.

(i) employee or agent of the State Government;

(ii) employee or agent of the Commonwealth Government;

(iii) employee or agent of any local government authority;

as required in the performance of his or her statutory or common law duties where such access would be permitted to private land.

(d) Existing rights of the public to access and enjoy:

(i) waterways; or

(ii) beds and banks or foreshores of waterways; or

(iii) stock routes.

(e) The rights and interests of Telstra Corporation Limited:

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

(ii) as the holder of a carrier licence under the Telecommunications Act 1997 (Cth);

(iii) 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

A. the right to occupy the Marandoo Telecommunications Site, being a rectangular area of 700m² (50m x 14m), the station mark of which is located at Longitude 118004'39.82" Latitude 22036'35.61"; and

B. the right to install cabling and customer terminal sites.

(iv) for its employees, agents or contractors to enter Determination Area A in the performance of their duties, to access its facilities in, and in the vicinity of, Determination Area A.

(f) Rights of any person to access and enjoy (subject to the laws of the State) any existing roads within Determination Area A where members of the public have access to such roads according to the common law.

(g) Without limiting the operation of any other paragraph in the Second Schedule, but subject to paragraph (h) below, rights of the holders from time to time of mining tenements under the Mining Act 1978 (WA) to use (including by servants, agents and contractors) the existing roads and tracks in Determination Area A.

(h) Nothing in paragraph (g) above allows any upgrade, extension, widening or other improvement to the road or track in reasonable repair or where a road or track is rehabilitated, the later reinstatement of the road or track to substantially the same condition as prior to the rehabilitation.

(i) Nothing in paragraphs (f), (g) and (h) above will limit the rights of the holders from time to time of mining tenements, petroleum interests or other interests granted under a law of the State or Commonwealth, including without limitation any right to exclude members of the public from entering onto the land and waters the subject of any mining tenements, petroleum interests or other interests.

SECOND SCHEDULE – ATTACHMENT 1

INTRA-INDIGENOUS DEED OF AGREEMENT

BETWEEN

EASTERN GURUMA NATIVE TITLE CLAIMANTS

AND KURUMA MARTHUDUNERA NATIVE TITLE CLAIMANTS

Dated this day of 2006

NELSON HUGHES and EVA CONNORS

EASTERN GURUMA APPLICANTS

and

MARK LOCKYER, NEIL FINLAY, JEAN LOCKYER, GLORIA LOCKYER, JACK ALEXANDER,

KURUMA MARTHUDUNERA APPLICANTS

INTRA-INDIGENOUS DEED OF AGREEMENT BETWEEN

EASTERN GURUMA NATIVE TITLE CLAIMANTS,

AND KURUMA MARTHUDUNERA NATIVE TITLE CLAIMANTS

CONTENTS

Clause		Page
	Index	1
	Parties	2
	Background	2
1	Authority to enter into this Deed of Agreement	4
2	KM Claimants to have access to area	5
3	Area to remain subject to Eastern Guruma claim	6
4	Agreement on existing common boundary	6
5	Protection of Native Title rights and interests	8
6	Agreement is about land use, not benefits	9
7	Assignment and transfer	10
8	ILUA	10
9	Conditions Precedent	11
	Schedule 1 Map of the area of special KM interest in Eastern Guruma Claim	13

DATED this day of 2006

BETWEEN

NELSON HUGHES of 102 Wellard Way, Karratha Western Australia, registered native title applicant and EVA CONNORS of 61A Burrup Road, Roebourne Western Australia, registered native title applicant for themselves and for and on behalf of the members of the native title group for the Eastern Guruma native title determination application (WG 6208 of 1998) (referred to in this Deed as the Eastern Guruma claimants)

AND

MARK LOCKYER, NEIL FINLAY, JEAN LOCKYER, GLORIA LOCKYER, JACK ALEXANDER, care of Pilbara Native Title Service, of Unit 1, 24 De Grey Place Karratha WA 6714,

registered native title applicant for themselves and for and on behalf of the members of the Kuruma Marthudunera native title determination application (WAD6090 of 1998) (referred to in this Deed of Agreement as “the KM claimants”).

BACKGROUND

A. The Eastern Guruma claimants are the claimants in Native Title Determination Application number WG 6208 of 1998 which is registered on the Register of Native Title Claims (referred to in this Deed as the Eastern Guruma claim). The term Eastern Guruma claim shall also include any determination in favour of the Eastern Guruma claimants over the area of the Eastern Guruma claim;

B. The KM claimants are the claimants in Native Title Determination Applications number WAD 6090 of 1998which are registered on the Register of Native Title Claims (referred to in this Deed as the KM claim). The term KM claim shall also include any determination in favour of the KM claimants over the area of the KM claim;

C. The Eastern Guruma claim and the KM claim currently overlap each other, which overlap area is shown in the map contained in Schedule 1 to this Deed;

D. The Eastern Guruma claim and the KM claim have agreed to remove overlap between the claims and create a common boundary which is shown in the map contained in Schedule 1 to this Deed;

E. For the purposes of the Deed, the terms "Eastern Guruma Claim area" and the "KM claim area" shall mean the claim areas as they would appear with the common boundary and the overlaps removed;

F. The members of the Eastern Guruma claimant group and the members of the KM claimant group have a relationship of mutual friendship, trust and respect for each other and both groups wish to preserve that good relationship;

G. There are members of the KM claimant group who throughout their lives have visited, exercised the Traditional Rights (as defined in clause 2.1 of this Deed) and maintained a traditional relationship with an area of country that is now within the Eastern Guruma claim area, and which includes a place known as Palm Springs. That area is referred to in this Deed as “the area of special KM interest”.

H. It is important that the members of the KM claimant group be able to keep visiting the area of special KM interest;

I. The Eastern Guruma claimants are willing for KM people to maintain their traditional relationship with the area of special KM interest and for KM claimants to exercise their Traditional Rights in the said area ;

J. The KM claimants are willing for the Eastern Guruma claimants to maintain and continue with their Native Title claim to the area of special KM interest;

K. The Eastern Guruma claimants and the KM claimants have agreed on the terms in this Deed for the purposes of

a. enabling the Eastern Guruma claim and the KM claim to each continue towards determination of Native Title and

b. enabling the KM people to maintain their traditional relationship with the area of special KM interest and for KM claimants to visit that area and engage in ceremonies and other traditional cultural practices there.

L. This Deed is about land use, not about benefits under the Native Title Act.

AGREEMENT

1. AUTHORITY TO ENTER INTO THIS DEED OF AGREEMENT

1.1 Each of the Eastern Guruma applicants and each of the KM applicants signs this Deed for themselves and in their capacities as their claimant group’s registered applicants, with the authority and on behalf of all the members of their claimant group.

1.2 The Eastern Guruma applicants warrant that they have consulted with the Eastern Guruma claimants and that they have the authority to act for and legally bind all the Eastern Guruma claimants to the obligations set out in this agreement and that all the Eastern Guruma claimants will be bound by the terms of this agreement.

1.3 The term "Eastern Guruma claimants" shall include any persons who are included as native title holders in the Third Schedule of any determination of native title in the Eastern Guruma claim.

2. KM CLAIMANTS TO HAVE ACCESS TO AREA

2.1 The KM claimants have the right to access the area of special KM interest including for the purposes of hunting, fishing, camping, collecting bush medicines and bush tucker and to practice traditional law and culture there ("the Traditional Rights") and the Eastern Guruma claimants acknowledge and agree to respect the exercise of Traditional Rights of the KM people in the area of special KM interest.

2.2 The Eastern Guruma claimants will not do anything or agree to anything with anyone else which could lessen the KM people’s Traditional Rights in the area of special KM interest without first consulting and providing all available information to the KM people about anything which could have that effect and giving consideration to what the KM people say, including, giving to KM people the reasonable opportunity to address the Eastern Guruma claimants at meetings of the Eastern Guruma claimants at which decisions may be made about matters which will lessen the KM's Traditional Rights in the area of special KM interest

2.3 The KM Traditional Rights in the area of special KM interest will continue in full force and effect if the Eastern Guruma claimants are determined by the Federal Court of Australia to hold native title rights and interests in the area of special KM interest of any part of it.

3. AREA TO REMAIN SUBJECT TO EASTERN GURUMA CLAIM

3.1 The area of special KM interest will continue to be part of the country claimed by the Eastern Guruma claimants.

3.2 The KM claimants will consent to a determination of native title in favour of the Eastern Guruma claimants and will not seek to maintain nor make any further Native Title claim under the Native Title Act over any part of the area of special KM interest.

3.3 The KM claimants agree to the Eastern Guruma claimants being recognised as native title holders over the area of special KM interest.

4 AGREEMENT ON EXISTING COMMON BOUNDARY

4.1 The Eastern Guruma claimants and the KM claimants have agreed to create and not to dispute the common boundary between their claims, which is depicted in the map contained in Schedule 1 to this Deed.

4.2 The Eastern Guruma claimants will agree to the dismissal or removal of any part of the Eastern Guruma claim which is on the KM claim side of the common boundary and take any additional action which may be necessary to effect such a removal;

4.3 Neither the Eastern Guruma claimants nor the KM claimants will take any action to change that common boundary in any way that would bring about an overlapping of any portion of the Eastern Guruma claim by the KM claim or an overlapping of any portion of the KM claim by the Eastern Guruma claim;

4.4 Neither the Eastern Guruma claimants nor the KM claimants will make any new or additional Native Title claim which would have the practical effect of changing the position of that common boundary without the prior consent of the other claimants;

4.5 The Eastern Guruma claimants and the KM claimants will each support the other claimant group by confirming the agreement as to that boundary, if requested to do so by the other claimant group.

5 PROTECTION OF NATIVE TITLE RIGHTS AND INTERESTS

5.1 The KM claimants agree that nothing mentioned in this Deed, and nothing which any of the KM claimants is able to do as a result of the signing of this agreement can have the effect of altering or taking anything away from the Eastern Guruma claimants’ traditional rights and interests in the area of special KM interest or from the Eastern Guruma claim over that area;

5.2 The Eastern Guruma claimants agree that nothing mentioned in this Deed, and nothing which any of the Eastern Guruma claimants is able to do as a result of the signing of this Deed can have the effect of altering or taking anything away from the KM claimants’ Traditional Rights and interests in the area of the KM claim or, subject to clause 2.2, the area of special KM interest.

5.3 The Eastern Guruma claimants will not do anything to inhibit or prevent the KM claimants from exercising or protecting their right to exercise their Traditional Rights in the area of special KM interest or from protecting any of the rights granted to them by this Deed in respect of their Traditional Rights in the area of special KM interest.

5.4 The KM claimants will not, without the consent of the Eastern Guruma claimants, get involved in or seek membership in the Eastern Guruma claim nor lodge a native title claim that overlaps with the area of the Eastern Guruma determination, nor seek to establish or have any recognition of native title rights within the Eastern Guruma determination area.

5.5 The Eastern Guruma claimants will not, without the consent of the KM claimants, get involved in the KM claim nor lodge a native title claim that overlaps with the area of the KM claim nor seek to establish or have any recognition of native title rights within the KM claim area and hereby waive any rights under and for the purposes of the Native Title Act within the area of the KM claim.

5.6 The Eastern Guruma claimants agree to not seek membership of the KM claim group without the consent of the KM claimants.

5.7 If for any reason the Eastern Guruma claimants are included or are recognised as members of the KM claim group or native title holders in the area of the KM claim, the Eastern Guruma claimants agree that they will not, without the consent of the KM claimants seek to:

(a) become members of any prescribed body corporate for the KM claim area;

(b) receive any benefits in relation to future act agreements or compensation in relation to any activities in the KM claim area; or

(c) participate in any decision-making process of the KM claimants in relation to any matters relating to native title of future acts in relation to the KM claim area.

6 AGREEMENT ABOUT LAND USE, NOT BENEFITS

6.1 The KM claimants and the Eastern Guruma claimants agree that this Deed of Agreement:

(a) shall enable both KM people and Eastern Guruma people to maintain their traditional relationship to land;

(b) does not mean that the KM claimants or the Eastern Guruma claimants may obtain benefits payable by mining companies or other developers for projects carried out on any part of the other claimant group’s Native Title claim area; and

(c) does not enable the KM claimants or the Eastern Guruma claimants to become members of each other’s claimant group or Prescribed bodies corporate or to seek to have a share of benefits from future acts in each others claim or determination areas.

7. ASSIGNMENT OR TRANSFER

7.1 This Deed will be binding upon the KM and Eastern Guruma claimants, and any prescribed body corporate appointed by the KM and Eastern Guruma claimants as agent or trustee of native title rights held by them and the KM and Eastern Guruma claimants shall each ensure and procure that any such prescribed body corporate appointed by them will first agree to be bound by all the obligations of the respective claimants under this Deed.

7.2 The KM and the Eastern Guruma claimants shall not assign or transfer any of their native title rights or their rights and obligations under this Deed without first procuring the transferee or assignee to enter into a Deed with the KM or Eastern Guruma claimants agreeing to be bound by all the obligations of the transferor and assignor under this Deed.

8. ILUA

8.1 Eastern Guruma claimants agree that within a reasonable time of the request of the KM claimants to do so and the presentation of the form of an Indigenous Land Use Agreement containing the terms of clause 2 of this Deed, that they and any PBC appointed for the Eastern Guruma claim area will enter into the said agreement and agree that it may, at the option of the KM claimants, be registered as an Indigenous Land Use Agreement under the Native Title Act (“the ILUA agreement”)

8.2 The Eastern Guruma claimants agree that they and any PBC appointed for the Eastern Guruma claim area shall, on the request of the PPKP claimants, do all things and sign all documents reasonably necessary in order to enable the ILUA agreement to be registered as an Indigenous Land Use Agreement under the Native Title Act.

8.3 The Eastern Guruma claimants and their members shall not take any steps to challenge or object to the registration of the ILUA agreement as an Indigenous Land Use Agreement under the Native Title Act.

9. Conditions Precedent

9.1 The provisions and obligations in Clauses 3 and 4 of this Deed are subject to the conditions precedent set out in clauses 9.2 and 9.3.

9.2 The Eastern Guruma claimants must ensure and procure that any corporation to be nominated by the Eastern Guruma claimants as the prescribed body corporate or registered native title body corporate for the Eastern Guruma claim area shall, prior to the making of any consent determination and prior to any removal of the KM claim over the area of special KM interest, execute and deliver to the KM claimants a deed agreeing to also be bound by all of the obligations of the Eastern Guruma claimants under this Deed.

9.3 The parties to the Eastern Guruma claim agreeing to request the Federal Court to attach a copy of this Deed to the determination of native title in favour of the Eastern Guruma people, or alternatively, if agreed to by the KM claimants through their representatives, to request the Federal Court to attach or annex a copy of this Deed to an alternative official and public Court document.

SCHEDULE 1

TO THE DEED OF AGREEMENT

BETWEEN EASTERN GURUMA NATIVE TITLE APPLICANTS AND KM NATIVE TITLE APPLICANTS

MAP OF EASTERN GURUMA CLAIM

EXECUTED BY THESE EASTERN GURUMA ELDERS:

NELSON HUGHES ) ________________________________

Nelson Hughes

in the presence of:

Signature of Witness

Name of Witness (BLOCK LETTERS)

Address of Witness

_______________________________

Occupation of Witness

EVA CONNORS ) ________________________________

Eva Connors

in the presence of:

Signature of Witness

Name of Witness (BLOCK LETTERS)

Address of Witness

_______________________________

Occupation of Witness

EXECUTED BY THESE KM ELDERS:

MARK LOCKYER )________________________________

in the presence of

Signature of Witness

Name of Witness (BLOCK LETTERS)

Address of Witness

_______________________________

Occupation of Witness

NEILFINLAY) ________________________________

in the presence of

Signature of Witness

Name of Witness (BLOCK LETTERS)

Address of Witness

_______________________________

Occupation of Witness

JEAN LOCKYER) ________________________________

in the presence of

Signature of Witness

Name of Witness (BLOCK LETTERS)

Address of Witness

_______________________________

Occupation of Witness

GLORIA LOCKYER) ________________________________

in the presence of

Signature of Witness

Name of Witness (BLOCK LETTERS)

Address of Witness

_______________________________

Occupation of Witness

JACK ALEXANDER) ________________________________

in the presence of

Signature of Witness

Name of Witness (BLOCK LETTERS)

Address of Witness

_______________________________

Occupation of Witness

SECOND SCHEDULE – ATTACHMENT 2

INTRA-INDIGENOUS DEED OF AGREEMENT

BETWEEN

EASTERN GURUMA NATIVE TITLE CLAIMANTS

AND PUUTU KUNTI KURRAMA AND PINIKURA NATIVE TITLE CLAIMANTS

Dated this day of 2006

NELSON HUGHES and EVA CONNORS

EASTERN GURUMA APPLICANTS

and

ANGELINA COX, ANGIE COX, ANNABELLE STEWART, ARNESS JAMES, CHARLESTON COX, CHLOE HAYES, DARRYL HUGHES, GARY HUGHES, HAROLD ASHBURTON. LILY MACKAY, MAUDIE DOWTON, MITCHELL DRAGE and

MAURICE DAUBLIN

PKKP APPLICANTS

INTRA-INDIGENOUS DEED OF AGREEMENT

BETWEEN

EASTERN GURUMA NATIVE TITLE CLAIMANTS

AND

PUUTU KUNTI KURRAMA AND PINIKURA NATIVE TITLE CLAIMANTS

CONTENTS

Clause		Page
	Index	1
	Parties	2
	Background	2
1	Authority to enter into this Deed of Agreement	4
2	PKKP Claimants to have access to area	5
3	Area to remain subject to Eastern Guruma claim	6
4	Agreement on existing common boundary	6
5	Protection of Native Title rights and interests	7
6	Agreement is about land use, not benefits	9
7	Assignment and transfer	10
8	ILUA	10
9	Conditions Precedent	11
	Schedule 1 Map of the area of special PKKP interest in Eastern Guruma Claim	13
	Execution clauses

DATED this day of 2006

BETWEEN

NELSON HUGHES of 102 Wellard Way, Karratha Western Australia, registered native title applicant and EVA CONNORS of 61A Burrup Road, Roebourne Western Australia, native title applicant for themselves and for and on behalf of the members of the native title group for the Eastern Guruma native title determination application (WG 6208 of 1998) (referred to in this Deed as the Eastern Guruma claimants)

AND

ANGELINA COX, ANGIE COX, ANNABELLE STEWART, ARNESS JAMES, CHARLESTON COX, CHLOE HAYES, DARRYL HUGHES, GARY HUGHES, HAROLD ASHBURTON, LILY MACKAY, MAUDIE DOWTON, MITCHELL DRAGE and MAURICE DAULBIN all care of Pilbara Native Title Service, Unit 1, 24 De Grey Place Karrratha WA 6714 native title applicant, for themselves and for and on behalf of the members of the Puutu Kunti Kurrama & Pinikura native title determination application (WAD6007/2001 and WAD 126/2005) (referred to in this Deed of Agreement as “the PKKP claimants”).

BACKGROUND

B. The country within the Eastern Guruma claim is shown in the map contained in Schedule 1 to this Deed;

C. The PKKP claimants are the claimants in Native Title Determination Applications number WAD6007/01 and WAD 126/05 which are registered on the Register of Native Title Claims (referred to in this Deed as the PKKP claim). The term PKKP claim shall also include any determination in favour of the PKKP claimants over the area of the PKKP claim;

D. The Eastern Guruma claim and the PKKP claim share a common boundary, a portion of which is shown in the map contained in Schedule 1 to this Deed;

E. The members of the Eastern Guruma claimant group and the members of the PKKP claimant group have a relationship of mutual friendship, trust and respect for each other and both groups wish to preserve that good relationship;

F. There are members of the PKKP claimant group who throughout their lives have visited, exercised the Traditional Rights (as defined in clause 2.1 of this Deed) and maintained a traditional relationship with an area of country that is now within the Eastern Guruma claim, and which includes the places known as Palm Springs, Duck Creek, Johnny Cake Springs and Mt Brockman. That area is referred to in this Deed as “the area of special PKKP interest”.

G. It is important that the members of the PKKP claimant group be able to keep visiting the area of special PKKP interest;

H. The Eastern Guruma claimants are willing for PKKP people to maintain their traditional relationship with the area of special PKKP interest and for PKKP claimants to exercise their Traditional Rights in the said area;

I. The PKKP claimants are willing for the Eastern Guruma claimants to maintain and continue with their Native Title claim to the area of special PKKP interest;

J. The Eastern Guruma claimants and the PKKP claimants have agreed on the terms in this Deed for the purposes of

a. enabling the Eastern Guruma claim and the PKKP claim to each continue towards determination of Native Title and

b. enabling the PKKP people to maintain their traditional relationship with the area of special PKKP interest and for PKKP claimants to visit that area and engage in ceremonies and other traditional cultural practices there.

L. This Deed is about land use, not about benefits under the Native Title Act.

AGREEMENT

1. AUTHORITY TO ENTER INTO THIS DEED OF AGREEMENT

1.1 Each of the Eastern Guruma applicants and each of the PKKP applicants signs this Deed for themselves and in their capacities as their claimant group’s registered applicants, with the authority and on behalf of all the members of their claimant group.

1.3 The term "Eastern Guruma claimants" shall include any persons who are included as native title holders in the Third Schedule of any determination of native title in the Eastern Guruma claim.

2. PKKP CLAIMANTS TO HAVE ACCESS TO AREA

2.1 The PKKP claimants have the right to access the area of special PKKP interest including for the purposes of hunting, fishing, camping, collecting bush medicines and bush tucker and to practice traditional law and culture there ("the Traditional Rights") and the Eastern Guruma claimants acknowledge and agree to respect the exercise of Traditional Rights of the PKKP people in the area of special PKKP interest.

2.2 The Eastern Guruma claimants will not do anything or agree to anything with anyone else which could lessen the PKKP people’s Traditional Rights in the area of special PKKP interest without first consulting and providing all available information to the PKKP people about anything which could have that effect and giving consideration to what the PKKP people say, including, giving to PKKP people the reasonable opportunity to address the Eastern Guruma claimants at meetings of the Eastern Guruma claimants at which decisions may be made about matters which will lessen the PKKP's Traditional Rights in the area of special PKKP interest

2.3 The PKKP Traditional Rights in the area of special PKKP interest will continue in full force and effect if the Eastern Guruma claimants are determined by the Federal Court of Australia to hold native title rights and interests in the area of special PKKP interest of any part of it.

3. AREA TO REMAIN SUBJECT TO EASTERN GURUMA CLAIM

3.1 The area of special PKKP interest will continue to be part of the country claimed by the Eastern Guruma claimants.

3.2 The PKKP claimants will not make a Native Title claim under the Native Title Act over any part of the area of special PKKP interest.

3.3 The PKKP claimants agree to the Eastern Guruma claimants being recognised as native title holders over the area of special PKKP interest.

4. AGREEMENT ON EXISTING COMMON BOUNDARY

4.1 The Eastern Guruma claimants and the PKKP claimants have agreed not to dispute the common boundary between their claims, which is depicted in the map contained in Schedule 1 to this Deed.

4.2 Neither the Eastern Guruma claimants nor the PKKP claimants will take any action to change that common boundary in any way that would bring about an overlapping of any portion of the Eastern Guruma claim by the PKKP claim or an overlapping of any portion of the PKKP claim by the Eastern Guruma claim;

4.3 Neither the Eastern Guruma claimants nor the PKKP claimants will make any new or additional Native Title claim which would have the practical effect of changing the position of that common boundary without the prior consent of the other claimants;

4.4 The Eastern Guruma claimants and the PKKP claimants will each support the other claimant group by confirming the agreement as to that boundary, if requested to do so by the other claimant group.

5. PROTECTION OF NATIVE TITLE RIGHTS AND INTERESTS and TRADITIONAL RIGHTS AND INTERESTS

5.1 The PKKP claimants agree that nothing mentioned in this Deed, and nothing which any of the PKKP claimants is able to do as a result of the signing of this Deed can have the effect of altering or taking anything away from the Eastern Guruma claimants’ traditional rights and interests in the area of special PKKP interest or from the Eastern Guruma claim over that area;

5.2 The Eastern Guruma claimants agree that nothing mentioned in this Deed, and nothing which any of the Eastern Guruma claimants is able to do as a result of the signing of this Deed can have the effect of altering or taking anything away from the PKKP claimants’ Traditional Rights and interests in the area of the PKKP claim or, subject to clause 2.2, the area of special PKKP interest.

5.3 Subject to this Deed, the Eastern Guruma claimants will not do anything to inhibit or prevent the PKKP claimants from exercising or protecting their right to exercise their Traditional Rights in the area of special PKKP interest or from protecting any of the rights granted to them by this Deed in respect of their Traditional Rights and interests in the area of special PKKP interest.

5.4 The PKKP claimants will not, without the consent of the Eastern Guruma claimants, get involved in or seek membership in the Eastern Guruma claim nor lodge a native title claim that overlaps with the area of the Eastern Guruma determination, nor seek to establish or have any recognition of native title rights within the Eastern Guruma determination area.

5.5 The Eastern Guruma claimants will not, without the consent of the PKKP claimants, get involved in the PKKP claim nor lodge a native title claim that overlaps with the area of the PKKP claim nor seek to establish or have any recognition of native title rights within the PKKP claim area and hereby waive any rights under and for the purposes of the Native Title Act within the area of the PKKP claim.

5.6 The Eastern Guruma claimants agree to not seek membership of the PKKP claim group without the consent of the PKKP claimants.

5.7 If for any reason the Eastern Guruma claimants are included or are recognised as members of the PKKP claim group or native title holders in the area of the PKKP claim, the Eastern Guruma claimants agree that they will not, without the consent of the PKKP claimants seek to:

(a) become members of any prescribed body corporate for the PKKP claim area;

(b) receive any benefits in relation to future act agreements or compensation in relation to any activities in the PKKP claim area; or

(c) participate in any decision-making process of the PKKP claimants in relation to any matters relating to native title of future acts in relation to the PKKP claim area.

5.8 If for any reason the PKKP claimants are included or are recognised as members of the Eastern Guruma claim group or native title holders in the area of the Eastern Guruma claim, the PKKP claimants agree that they will not, without the consent of the Eastern Guruma claimants seek to:

(a) become members of any prescribed body corporate for the Eastern Guruma claim area;

(b) receive any benefits in relation to future act agreements or compensation in relation to any activities in the Eastern Guruma claim area; or

(c) participate in any decision-making process of the Eastern Guruma claimants in relation to any matters relating to native title of future acts in relation to the Eastern Guruma claim area.

6 AGREEMENT ABOUT LAND USE, NOT BENEFITS

6.1 The PKKP claimants and the Eastern Guruma claimants agree that this Deed of Agreement:

(a) shall enable both PKKP people and Eastern Guruma people to maintain their traditional relationship to land;

(b) does not mean that the PKKP claimants or the Eastern Guruma claimants may obtain benefits payable by mining companies or other developers for projects carried out on any part of the other claimant group’s Native Title claim area; and

(c) does not enable the PKKP claimants or the Eastern Guruma claimants to become members of each other’s claimant group or Prescribed bodies corporate or to seek to have a share of benefits from future acts in each others claim or determination areas.

7. ASSIGNMENT OR TRANSFER

7.1 This Deed will be binding upon the PKKP and Eastern Guruma claimants and any prescribed body corporate appointed by the PKKP and Eastern Guruma claimants as agent or trustee of native title rights held by them and the PKKP and Eastern Guruma claimants shall each ensure and procure that any such prescribed body corporate appointed by them will first agree to be bound by all the obligations of the respective claimants under this Deed.

7.2 The PKKP and the Eastern Guruma claimants shall not assign or transfer any of their native title rights or their rights and obligations under this Deed without first procuring the transferee or assignee to enter into a Deed with the PKKP or Eastern Guruma claimants agreeing to be bound by all the obligations of the transferor and assignor under this Deed.

8. ILUA

8.1 Eastern Guruma claimants agree that within a reasonable time of the request of the PKKP claimants to do so and the presentation of the form of an Indigenous Land Use Agreement containing the terms of clause 2 of this Deed, that they and any PBC appointed for the Eastern Guruma claim area will enter into the said agreement and agree that it may, at the option of the PKKP claimants, be registered as an Indigenous Land Use Agreement under the Native Title Act (“the ILUA agreement”)

9. Conditions Precedent

9.1 The provisions and obligations in Clauses 3 and 4 of this Deed are subject to the conditions precedent set out in clauses 9.2 and 9.3.

9.2 The Eastern Guruma claimants must ensure and procure that any corporation to be nominated by the Eastern Guruma claimants as the prescribed body corporate or registered native title body corporate for the Eastern Guruma claim area shall, prior to the making of any consent determination, execute and deliver to the PKKP claimants a deed agreeing to also be bound by all of the obligations of the Eastern Guruma claimants under this Deed.

9.3 The parties to the Eastern Guruma claim agreeing to request the Federal Court to attach a copy of this Deed to the determination of native title in favour of the Eastern Guruma people, or alternatively, if agreed to by the PKKP claimants through their representatives, to request the Federal Court to attach or annex a copy of this Deed to an alternative official and public Court document.

SCHEDULE 1

TO THE DEED OF AGREEMENT

BETWEEN EASTERN GURUMA NATIVE TITLE APPLICANTS AND PKKP NATIVE TITLE APPLICANTS

MAP OF EASTERN GURUMA CLAIM

EXECUTED FOR AND ON BEHALF OF THE EASTERN GURUMA CLAIMANTS BY:

NELSON HUGHES ) ________________________________

Nelson Hughes

in the presence of:

Signature of Witness

Name of Witness (BLOCK LETTERS)

Address of Witness

_______________________________

Occupation of Witness

EVA CONNORS ) ________________________________ Eva Connors

in the presence of:

Signature of Witness

Name of Witness (BLOCK LETTERS)

Address of Witness

_______________________________

Occupation of Witness

EXECUTED FOR AND ON BEHALF OF THE PKKP CLAIMANTS BY:

ANGELINA COX ) _______________________________ Angelina Cox

in the presence of

Signature of Witness

Name of Witness (BLOCK LETTERS)

Address of Witness

_______________________________

Occupation of Witness

ANGIE COX ) _______________________________ Angie Cox

in the presence of

Signature of Witness

Name of Witness (BLOCK LETTERS)

Address of Witness

_______________________________

Occupation of Witness

ANNABELLE STUART ) ________________________________ Annabelle Stuart

in the presence of

Signature of Witness

Name of Witness (BLOCK LETTERS)

Address of Witness

_______________________________

Occupation of Witness

ARNESS JAMES ) _______________________________

Arness James

in the presence of

Signature of Witness

Name of Witness (BLOCK LETTERS)

Address of Witness

_______________________________

Occupation of Witness

CHARLESTON COX ) ___________________________________ Charleston Cox

in the presence of

Signature of Witness

Name of Witness (BLOCK LETTERS)

Address of Witness

_______________________________

Occupation of Witness

CHLOE HAYES ) ___________________________________

Chloe Hayes

in the presence of

Signature of Witness

Name of Witness (BLOCK LETTERS)

Address of Witness

_______________________________

Occupation of Witness

DARRYL HUGHES ) ________________________________

Darryl Hughes

in the presence of

Signature of Witness

Name of Witness (BLOCK LETTERS)

Address of Witness

_______________________________

Occupation of Witness

GARY HUGHES ) ________________________________

Gary Hughes

in the presence of

Signature of Witness

Name of Witness (BLOCK LETTERS)

Address of Witness

_______________________________

Occupation of Witness

HAROLD ASHBURTON ) ___________________________________ Harold Ashburton

in the presence of

Signature of Witness

Name of Witness (BLOCK LETTERS)

Address of Witness

_______________________________

Occupation of Witness

LILY MACKAY ) ___________________________________ Lily Mackay

in the presence of

Signature of Witness

Name of Witness (BLOCK LETTERS)

Address of Witness

_______________________________

Occupation of Witness

MAUDIE DOWTON ) ___________________________________ Maudie Dowton

in the presence of

Signature of Witness

Name of Witness (BLOCK LETTERS)

Address of Witness

_______________________________

Occupation of Witness

MITCHELL DRAGE ) ___________________________________

Mitchell Drage

in the presence of

Signature of Witness

Name of Witness (BLOCK LETTERS)

Address of Witness

_______________________________

Occupation of Witness

MAURICE DAUBLIN ) ___________________________________

Maurice Daublin

in the presence of

Signature of Witness

Name of Witness (BLOCK LETTERS)

Address of Witness

_______________________________

Occupation of Witness

THIRD SCHEDULE

The native title holders are:

(1) the descendants of Wirntawari who:

(a) identify and are identified by other members of the native title holding group as Muntulgura Guruma; and

(b) have a connection with the land and waters in Determination Area A, in accordance with the traditional laws acknowledged and the traditional customs observed by the Muntulgura Guruma; and

(2) the descendants of Jack Smith to whom the Muntulgura Guruma accord the right to exercise rights and interests in Determination Area A in accordance with the traditional laws acknowledged and traditional customs observed by the Muntulgura Guruma.

FOURTH SCHEDULE

Section 47B of the Native Title Act 1993 (Cth) applies to the following areas of unallocated Crown land in Determination Area A:

(a) UCL 23 (being the area formerly the subject of pastoral lease 3114/788 which was resumed and vested in the Crown pursuant to section 18 of the Public Works Act 1902 (WA));

(b) UCL 85 (part Gregory Location 26 and being the area formerly the subject of special leases 3116/3465 and 3114/5156);

(c) UCL 90 (being the area formerly the subject of pastoral lease 3114/788 which was resumed and vested in the Crown pursuant to section 18 of the Public Works Act 1902 (WA)).

Those areas of unallocated Crown land are hatched in blue on the maps attached to the First Schedule.

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