ANNEXURE ‘A’

DETERMINATION

THE COURT ORDERS, DECLARES AND DETERMINES THAT:

1.                  Determination Area A is the land and waters within the Application Area as described in the First Schedule, other than:

(a)           Determination Area B as described in the Second Schedule; and

(b)          the Unclaimed Areas as described in the Third Schedule.

2.                  Native title exists in relation to that part of Determination Area A which is landward of the lowest astronomical tide of the mainland coast in the manner set out in paragraph 5 of this determination.

3.                  Native title does not exist in relation to that part of Determination Area A which comprises land and waters seaward of the lowest astronomical tide of the mainland coast, as shown on the maps at Attachment 1 to the First Schedule.

4.                  The native title rights and interests are held in trust by the WanpartaAboriginal Corporation, a prescribed body corporate for the purposes of section 56 of the Native Title Act 1993 (Cth), for the Ngarla people as common law holders of native title.  The Ngarla people are described in the Fifth Schedule.

5.                  Subject to paragraphs 6, 7, 8 and 9:

 

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

 

   

(a)          access, and to camp on, the land and waters;

   

(b)         take flora, fauna, fish, water and other traditional resources (excluding minerals) from the land and waters;

   

(c)          engage in ritual and ceremony; and

   

(d)          care for, maintain and protect from physical harm, particular sites and areas of significance to the common law 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 common law holders for personal, domestic and non-commercial communal purposes (including social, 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 common law 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.   

 

6.                  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 not 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).

7.                  Sections 47A and 47B of the Native Title Act 1993 (Cth) apply to disregard any prior extinguishment in relation to the areas described in the Sixth Schedule.

8.                  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.

9.                  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 Fourth Schedule.

10.              The relationship between the native title rights and interests described in sub-paragraph 5(1) and the other rights and interests referred to in paragraph 9 ("the other rights and interests") is that:

(a)                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,

(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 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.

11.              In this determination, unless the contrary intention appears:

“Application Area” means the land and waters described in the First Schedule and depicted on the maps at Attachment 1 to the First Schedule,

“Determination Area A” means the land and waters within the Application Area, other than the land and waters within Determination Area B and the Unclaimed Areas, and depicted on the maps at Attachment 1 to the First Schedule.

“Determination Area B” means the land and waters described in the Second Schedule and depicted on the maps at Attachment 1 to the First Schedule.

“flowing waters” means the following water within Determination Area A:

(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 1993(Cth);

“Unclaimed Areas” means the land and waters described in the Third Schedule and depicted on the maps at Attachment 1 to the First Schedule;

“underground water” means water from and including an underground water source, including water that percolates from the ground.

“waters” has the same meaning as in the Native Title Act 1993(Cth); and “waters” includes flowing and underground water;

12.              In the event of any inconsistency between the written description of an area in this determination and the area as depicted on the maps at Attachment 1 to the First Schedule, the written description prevails.

DESCRIPTION OF "APPLICATION AREA"

 land and waters bounded by the following description:

Commencing at Latitude 19.538238 South, Longitude 119.109466 East, being a point in the Indian Ocean, north of Bedout Island and extending generally easterly, southerly, generally south westerly, generally north westerly and generally northerly passing through the following co-ordinate positions.

Thence north easterly back to the commencement point.

Note:                   Geographic Co-ordinates provided in Decimal Degrees

Datum:                Geocentric Datum of Australia 1994 (GDA94)

Prepared By:       Land Claims Mapping Unit, Landgate on 16 February 2007

FIRST SCHEDULE – ATTACHMENT 1

MAPS SHOWING

APPLICATION AREA, DETERMINATION AREA A, DETERMINATION AREA B, UNCLAIMED AREAS AND AREAS TO WHICH SECTIONS 47A AND 47B OF THE NATIVE TITLE ACT 1993 (CTH) APPLY

"DETERMINATION AREA B"

Determination Area B, shown generally as shaded green on the maps at Attachment 1 to the First Schedule, comprises all of the land and waters bounded by the following description:

1.                  Land and waters the subject of Mineral Lease (Special Agreement) ML235SA and sections 1, 2, 7, 8 and 9 of Mineral Lease (Special Agreement) ML249SA; and

2.                  Land and waters within the Application Area also the subject of WAD 0082 of 1998, being:

All those lands and waters commencing at a point on a western boundary of pastoral lease 3114/1281 (Strelley) at Latitude 20.448278 South, Longitude 118.871155 East, and extending generally northerly, generally easterly and generally southerly along boundaries of that pastoral lease to a point on an eastern boundary at Latitude 20.499104 South, Longitude 119.184376 East. Thence generally westerly passing through the following co-ordinate positions:

Thence south westerly back to the commencement point.

Exclusion – Excludes any land and waters covered by Reserve 38564 that fall within the external boundary.

Note:                   Geographic Co-ordinates provided in Decimal Degrees

Datum:                Geocentric Datum of Australia 1994 (GDA94)

Prepared By:       Land Claims Mapping Unit, Landgate on 16 February 2007

"UNCLAIMED AREAS"

The following areas, being land and waters where previous exclusive possession acts have occurred and native title has been completely extinguished, have been excluded from the First Applicants' Amended Application for Native Title in WAD 6185 of 1998 and the First Applicants' Application for Determination of Native Title in WAD 0077 of 2007 and 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 sections 12I and 12J of the Titles (Validation) and Native Title (Effect of Past Acts) Act 1995 (WA)) . 

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 shown generally as shaded orange on the maps at Attachment 1 to the First Schedule:

(a)           North Location 1 (CT 537/27, subsequently CT 2119/210);

(b)          North Locations 21 and 22 (CT 537/28, subsequently CT 2119/213);

(c)           De Grey Location 2 (CT 1245/276);

(d)          Forrest Location 98 (CT 1383/305, subsequently CT 1834/710);

(e)           Pardu Location 18 (CT 1815/752, subsequently CT 1839/820);

(f)            Shellborough Lot 27 (CT 1208/753);

(g)           Shellborough Lot 28 (CT 1208/810, subsequently CT 2119/212);

(h)           Shellborough Lot 29 (CT 1208/795, subsequently CT 2119/211);

(i)             Shellborough Lot 107 (CT 1009/199, subsequently CT 1011/475);

(j)            Shellborough Town Lot 1 (CT 52/27);

(k)          Shellborough Town Lot 2 (CT 52/28);

(l)             Shellborough Town Lot 3 (CT 244/148);

(m)         Shellborough Town Lot 4 (CT 43/277);

(n)           Shellborough Town Lot 5 (CT 43/278);

(o)          Shellborough Town Lot 6 (CT 39/14);

(p)          Shellborough Town Lot 9 (CT 31/140);

(q)          Shellborough Town Lot 10 (CT 31/270);

(r)             Shellborough Town Lot 12 (CT 28/172);

(s)           Shellborough Town Lot 13 (GT 1/50);

(t)            Shellborough Town Lot 15 (CT 43/344);

(u)           Shellborough Town Lot 16 (CT 43/345);

(v)           Shellborough Town Lot 25 (CT 43/279);

(w)         Shellborough Town Lot 26 (CT 43/280);

(x)           Shellborough Town Lot 63 (CT 118/129);

(y)           Shellborough Town Lot 64 (CT 81/180);

(z)           Shellborough Town Lot 65 (CT 182/106);

(aa)       Shellborough Town Lot 66 (CT 182/107);

(bb)      Shellborough Town Lot 67 (CT 610/171);

(cc)       Shellborough Town Lot 72 (CT 121/33); and

(dd)      Shellborough Town Lot 83 (GT 10/327, subsequently CT 2119/209)

(a)           Reserve 29266 (Forrest Locations 64 and 117) for the purpose of gravel vested pursuant to section 33 of the Land Act 1933 (WA) in the Commissioner of Main Roads on 14 May 1976;

(b)          Reserve 33811 (De Grey) for the purposes of conservation of flora and fauna vested pursuant to section 33 of the Land Act 1933 (WA) in the Western Australian Wildlife Authority on 31 December 1975;

(c)           Reserve 34002 (Forrest Location 133) for the purposes of gravel vested pursuant to section 33 of the Land Act 1933 (WA) in the Commissioner of Main Roads on 14 May 1976;

(d)          Reserve 34578 (De Grey, North Turtle Is) for the purposes of conservation of flora and fauna vested pursuant to section 33 of the Land Act 1933 (WA) in the Western Australian Wildlife Authority on 1 April 1977;

(e)           Reserve 35696 (Forrest Location 151) for the purpose of quarry vested pursuant to section 33 of the Land Act 1933 (WA) in the Commissioner of Main Roads on 1 December 1978.

(f)            Reserve 37818 (De Grey Location 56) for the purposes of quarry site (Main Roads Department) vested pursuant to section 33 of the Land Act 1933 (WA) in the Commissioner of Main Roads on 2 July 1982;

(g)           Reserve 37898 (De Grey Location 54) for the purposes of water supply vested pursuant to section 33 of the Land Act 1933 (WA) in the Minister for Water Resources on 3 September 1982;

(h)           Reserve 37899 (Forrest Location 160) for the purposes of water supply vested pursuant to section 33 of the Land Act 1933 (WA) in the Minister for Water Resources on 3 September 1982;

(i)             Reserve 37900 (Forrest Location 162) for the purposes of radio mast site vested pursuant to section 33 of the Land Act 1933 (WA) in the Minister for Water Resources on 3 September 1982;

(j)            Reserve 38564 (Forrest Location 171) for the purpose of repeater station site vested pursuant to section 33 of the Land Act 1933 (WA) in the Australian Telecommunications Commission on 19 October 1984;

(k)          Reserve 38768 (De Grey Location 57- limited depth 15m below surface) for the purposes of microwave translater site vested pursuant to section 33 of the Land Act 1933 (WA) in the Australian Telecommunications Commission on 9 August 1991;

(l)             Reserve 38769 (Pardu Location 12- limited depth 15m below surface) for the purposes of microwave translater site vested pursuant to section 33 of the Land Act 1933 (WA) in the Australian Telecommunications Commission on 9 August 1991;

(m)         Reserve 39135 (De Grey Location 64 and Pardu Location 19) for the purposes of recreation vested pursuant to section 33 of the Land Act 1933 (WA) in the Shire of East Pilbara on 12 July 1985;

(n)           Reserve 41094 (Forrest Location 195) for the purposes of gravel (Main Roads Department) vested pursuant to section 33 of the Land Act 1933 (WA) in the Commissioner of Main Roads on 15 September 1989;

(o)          Reserve 41533 (Forrest Location 194) for the purposes of transmitter site vested pursuant to section 33 of the Land Act 1933 (WA) in the Minister for Police and Emergency Services on 28 December 1990;

(p)          Reserve 42131 (Pardu Location 21) for the purposes of water bore and campsite vested pursuant to section 33 of the Land Act 1933 (WA) in the Commissioner of Main Roads on 13 November 1992;

(q)          Reserve 42526 (De Grey Location 58) for the purposes of repeater station site vested pursuant to section 33 of the Land Act 1933 (WA) in the Australian and Overseas Telecommunications Corporation Ltd on 12 March 1993;

(r)            Reserve 12297 for the purposes of Rabbit Proof Fence No.1 (including the Rabbit Proof Fence); and

(s)           Port Hedland Port (as described in the First Schedule to the Port Hedland Port Authority Act 1970(WA)) and vested pursuant to section 19 of the Port Hedland Port Authority Act 1970(WA) in the Port Hedland Port Authority [currently Lot 372 on Deposited Plan 35620 vested in the Port Hedland Port Authority pursuant to the Port Authorities Act 1999 (WA)].

(a)           Special Lease 114/0027 granted pursuant to clause 114 of the Land Regulations 1887 on 18 February 1895;

(b)          Special Lease 3116/3449 granted pursuant to section 116 of the Land Act 1933 (WA) and the Iron Ore (Mount Goldsworthy) Agreement Act 1964(WA) for the special purpose of the construction upgrading re-alignment operation and use of a railway on 26 April 1966 [subsequently the subject of Special Lease 3116/6235; currently the subject of Lease GE J/998591];

(c)           Special Lease 3116/3462 granted pursuant to section 116 of the Land Act 1933 (WA) and the Iron Ore (Mount Goldsworthy) Agreement Act 1964 (WA)for the special purpose of boring for conserving reticulation and drawing water on 28 April 1966 [subsequently the subject of Special Lease 3116/6140; currently unallocated Crown land];

(d)          Special Lease 3116/4253 granted pursuant to section 116 of the Land Act 1933 (WA) and the Iron Ore (Mount Goldsworthy) Agreement Act 1964(WA) for the special purpose of the re-alignment of portion of railway and the construction re-alignment operation and use of the railway so re-aligned on 6 January 1970 [subsequently the subject of Special Lease 3116/6164; currently the subject of Lease GE J/998593 ];

(e)           Special Lease 3116/4543 granted pursuant to section 116 of the Land Act 1933 (WA) for the special purpose of mining operations (railway re-alignment) on 8 April 1971 [subsequently the subject of Special Lease 3116/5872; currently the subject of Lease GE J/998590];

(f)            Special Lease 3116/6387 granted pursuant to section 116 of the Land Act 1933 (WA) for the special purpose of railway on 15 August 1977 [subsequently the subject of Special Lease 3116/6935 (GE I/123591); currently the subject of Lease GE J/998594];

(g)           Special Lease 3116/7356 granted pursuant to section 116 of the Land Act 1933 (WA) for the special purpose of service station/road house and caravan park on 15 November 1979;

(h)           Special Lease 3116/8652 granted pursuant to section 116 of the Land Act 1933 (WA) for the special purpose of horticulture on 1 July 1983 [currently the subject of lease GE J/120996];

(i)             Special Lease 3116/9217 granted pursuant to section 116 of the Land Act 1933 (WA) for the special purpose of housing, agriculture and grazing on 1 April 1985;

(j)            Special Lease 3116/11259 (GE I/150259) granted pursuant to section 116 of the Land Act 1933 (WA) for the special purpose of agriculture on 18 April 1994;

(k)          Special Lease 3116/4849 (GE I/123388) granted pursuant to section 116 of the Land Act 1933 (WA) and the Iron Ore (Mount Goldsworthy) Agreement Act 1964 (WA) for the purpose of construction development maintenance operation and use of radio communications and ancillary installations on 15 July 1974;

(l)             Special Lease 3116/5104 (GE I/123406) granted pursuant to section 116 of the Land Act 1933 (WA) and the Iron Ore (Mount Goldsworthy) Agreement Act 1964 (WA) for the purpose of construction erection development maintenance use and operation of a power transmission line on 19 August 1977;

(m)         Special Lease 3116/11558 (GE I/131351) granted pursuant to section 116 of the Land Act 1933 (WA) for the purposes of tourism and associated activities on 1 July 1995;

(n)           General Lease H/257345 granted pursuant to section 116 of the Land Act 1933 (WA) for the purpose of market gardening on 12 October 1999;

(o)          Mining Lease AM7000269 granted pursuant to the Mining Act 1904 (WA) and the Leslie Solar Salt Industry Agreement Act 1966 (WA) for the purpose of salt on 9 July 1991; 

(p)          Mineral Lease AML7000242 granted pursuant to the Mining Act 1904 (WA) and the Leslie Solar Salt Industry Agreement Act 1966(WA) for the purposes of salt on 18 October 1966; and

(q)          Lease 332/1455 (of Reserve 16473) granted pursuant to section 116 of the Land Act 1933 (WA) for the purpose of grazing on 1 January 1965 [currently the subject of Lease GE J/245076 and Lease 301/DP42630].

(a)           Road No. 222 (with a width of 20.12 metres), described as a Main Road from Yeeda Station to the boundary of Kimberley District on the route to Roebourne, gazetted on 17 September 1885, p442;

(b)          Road No. 432 (with a width of 20.12 metres), known as the Condon and Roebourne Road, dedicated pursuant to the Roads Act 1888(WA), gazetted on 22 June 1894, p587;

(c)           Public Roads (Shellborough Townsite) (with a width of 20.12 metres), dedicated pursuant to the Roads Districts Act Amendment Act 1932 (WA) and marked on the plan of Shellborough Townsite;

(d)          Road No. 2856 (with a width of 20.12 metres) dedicated pursuant to the Roads Act 1902 (WA), gazetted on 6 September 1907, p3065;

(e)           Road No. 4274 (with a width of 20.12 metres) dedicated pursuant to the Roads Districts Act Amendment Act 1932 (WA) and marked on Plan No. 12485;

(f)            Roads No. 6436 and 6437 (each with a width of 20.12 metres) dedicated pursuant to the Roads Districts Act 1919 (WA), gazetted on 6 May 1921, p755;

(g)           Road No. 6441 (with a width of 20.12 metres) set aside, taken or resumed under section 17 of the Public Works Act 1902 (WA), gazetted on 29 April 1921, p699;

(h)           Road No. 6940 (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 May 1923, p895;

(i)             Road No. 14821 (with a width of  125.29 metres) dedicated pursuant to section 288 of the Local Government Act 1960 (WA), gazetted on 17 November 1972, p4383;

(j)            Roads No. 14969 and 14970 (each with a width of 40.23 metres) dedicated pursuant to section 288 of the Local Government Act 1960 (WA), gazetted on 24 August 1973, p3146;

(k)          Roads No. 105/106, 106/106, 107/106, 108/106, 109/106 and 110/106 (each with a width of 20.12 metres) dedicated pursuant to section 106 of the Land Act 1933(WA), gazetted on 1 November 1968, p3267;

(l)             Roads No. 16289, 16290, 16291, 16292 and 16293 (each with a width of 20.12 metres) set aside, taken or resumed under section 17 of the Public Works Act 1902 (WA), gazetted on 11 January 1980, p50;

(m)         Public Road (Cape Keraudren Road) (with a width of 40 metres) dedicated pursuant to section 294(a) of the Local Government Act 1960 (WA) marked on Plan No. 16173;

(n)           Dedicated Road shown on Land Administration Miscellaneous Diagram 93579 (with a width of 40 metres) dedicated pursuant to section 56 of the Land Administration Act 1997(WA);

(o)          Dedicated Road shown shaded brown on Deposited Plan 213482 (with a width of 20 metres) dedicated pursuant to section 294A of the Local Government Act 1960 (WA) (inserted by Act 65 of 1975); and

(p)          Public Road (Ngarla-Njamal-Jinparinya Road) (with a width of 40 metres) dedicated pursuant to section 294A of the Local Government Act 1960 (WA) (inserted by Act 65 of 1975) marked on Deposited Plan No. 18421.

(a)     the Tabba Tabba Optic Fibre Regenerator Site, having an area of 722 square metres, with a station mark located at the south east corner of the Site at Longitude 119'01'08.05" Latitude 20'21'42.62". The boundaries of the Site, by reference to the station mark, are 30 metres north by 20 metres west by 42.19 metres south by 23.42 metres north east;

(b)     the Merrimerica Optic Fibre Regenerator Site, having an area of 738 square metres, with a station mark located at the north-west corner of the Site at Longitude 119'48'58.09" Latitude 20'03'37.14". The boundaries of the Site, by reference to the station mark, are 24.25 metres north east by 41.45 metres south by 20.95 metres west by 29.17 metres north; and

(c)     the Mt Goldsworthy Optic Fibre Regenerator Site, having an area of 739 square metres, with a station mark located at the north-west corner of the Site at Longitude 119'27'45.67" Latitude 20'18'51.86". The boundaries of the Site, by reference to the station mark, are 24.10 metres north east by 41.24 metres south by 20.97 metres west by 29.35 metres north.

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) and to which section 12J Titles (Validation) and Native Title (Effect of Past Acts) Act 1995 (WA) or section 23C(2) of the Native Title Act 1993 (Cth)applies, within the external boundary of the Determination Area including the land and waters defined in section 251D of the Native Title Act 1993 (Cth), are excluded from the Determination Area.

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

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 376 for public purposes;

(b)          Reserves 377, 768, 4979, 3091 and 12786 for the purposes of water;

(c)           Reserve 541 for the purpose of water and stopping place for travellers and stock;

(d)          Reserves 1502, 1503, 1535, 1536, 1537, 1542 for the purposes of watering places;

(e)           Reserves 2301, 9697, 9700 and 9701 for the purposes of stock routes;

(f)            Reserves 2422 to 2427 and 2559 for the purposes of public utility;

(g)           Reserve 12567 for the purpose of camping;

(h)           Reserves 13636, 13637, 13639, 13641, 13642 and 13643 for the purposes of timber;

(i)             Reserve 30559 for the purpose of government requirements of Ridley River division; and

(j)            Reserve 39134 for the purpose of geodetic station;

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

(a)           Pastoral Leases 3114/446 (De Grey Location 86 and Pardu Location 43) and 398/0718 (De Grey Location 98 and Pardu Location 48), being Pardoo Station;

(b)          Pastoral Lease 3114/860 being Pippingarra Station (Forrest Location 202); and

(c)           Pastoral Lease 3114/1142 being De Grey Station (De Grey Location 104 and Forrest Locations 200, 204 and 205);

The rights and interests of the holders of the following leases:

(a)           Lease H/879753 between the Minister for Lands (Lessor) and the Pananykarra Aboriginal Corporation (Lessee) granted for the purpose of advancing the interests of any Aboriginal person pursuant to section 83 of the Land Administration Act 1997 (WA) on 1 September 2001;

(b)          Lease of Reserve 41863 between the Aboriginal Lands Trust (Lessor) and the Ngarla-Coastal Njamal (Aboriginal Corporation) (Lessee) on 20 July 1992;

(c)           Sub-lease of pastoral lease 3114/860 (Pippingarra) between the Aboriginal Lands Trust (Lessor) and the Mugarinya Community Association Inc. (Lessee) on 1 September 1988;

(d)          Lease 39/3 (GE I/154275) between the Minister for Lands (Lessor) and the Jinparinya Aboriginal Corporation (Lessee) granted pursuant to section 9 of the Land Act 1933 (WA) for the purpose of residential and economic development associated with Aboriginal heritage and cultural use on 9 August 1996; and

(e)           Lease 39/4 (GE I/150265) between the Minister for Lands (Lessor) and the Jinparinya Aboriginal Corporation (Lessee) granted pursuant to section 9 of the Land Act 1933 (WA) for the purpose of residential and economic development associated with Aboriginal heritage and cultural use on 9 August 1996.

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

(i)                      Mining Leases

(ii)                    Exploration Licences

(iii)                  Miscellaneous Licences

(iv)                  Prospecting Licences

                   (v)          Pipeline Licences

(b)     The agreement as amended and ratified by the Iron Ore (Mt Goldsworthy) Agreement Act 1964 (WA)and rights and interests comprised in, conferred under or in accordance with or pursuant to that agreement.

 (c)    The agreement as amended and ratified by the Leslie Solar Salt Industry Agreement Act 1966 (WA)and rights and interests comprised in, conferred under or in accordance with or pursuant to that agreement.

The interests of the holders of statutory fishing and pearling interests granted under the Fish Resources Management Act 1994 (WA), the Pearling Act 1990(WA), and the Fisheries Management Act 1991 (Cth) and any regulations made pursuant to such legislation.

The holders of licences issued under the:

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

(b)          Mining Act 1978 (WA);

(c)           Jetties Act 1926 (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).

The holders of permits issued under the:

(a)           Land Act 1933 (WA); and

(b)          Land Administration Act 1997(WA)

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.

(c)           Rights and interests of members of the public arising under the common law, including:

(i)      the public right to fish in tidal waters; and

(ii)     the public right to navigate in tidal waters.

(d)          Access to areas of previously unallocated Crown land by any:

(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.

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

(i)             waterways; or

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

(iii)          coastal waters; or

(iv)         beaches; or

(v)           stock routes.

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

(i)            as the owner or operator of telecommunications facilities within  Determination Area A, including customer radio terminals and cabling;

(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); and

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

(g)           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.

(h)           Without limiting the operation of any other paragraph in the Fourth Schedule, but subject to paragraph (h)(ii):

(i)            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 the Determination Area.

(ii)     Nothing in paragraph (h)(i) 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 (g) and (h) 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. 

"Ngarla" means those people who refer to themselves as Ngarla, being persons who:

1.             Are the cognatic descendants of persons recognised under traditional laws and customs to be members of the Ngarla language group (including persons who have been adopted into the group according to those laws and customs), in particular the descendants of the following individuals:

(a)           Paparumarra (Alec);

(b)          Miriny-Mirinymarra (Horse-boy Jimmy);

(c)           Yintilypirna (Shaw River Smiler);

(d)          Jarnpa (the father of Warrjirungu);

(e)           Wangkunuru (Cissie);

(f)            Makanykarra (Willy);

(g)           Jurrayingki (Frank);

(h)           Kurlijirri (De Grey Smiler); and

(i)             Yilpiwarna (Arthur Kitil); and

2.             Persons who have been incorporated into the Ngarla group under traditional laws and customs, in particular:

(a)           Wiparu (Stephen Stewart) and his children, Stephen Stewart Jnr and Margaret Stewart.

Areas within Determination Area A to which sections 47A or 47B of the Native Title Act 1993 (Cth) apply, generally shown as hatched in pink on the maps at Attachment 1 to the First Schedule:

Section 47A of the Native Title Act 1993 (Cth) applies to the following areas within  Determination Area A:

(a)     Reserve 41863 (Forrest Location 225) for the purposes of use and benefit of Aboriginal inhabitants vested pursuant to section 33 of the Land Act 1933 (WA) in the Aboriginal Lands Trust on 6 September 1991;

(b)     Lease 39/3 (GE I/154275) granted pursuant to section 9 of the Land Act 1933 (WA) for the purpose of residential and economic development associated with Aboriginal heritage and cultural use on 9 August 1996; and

(c)     Lease 39/4 (GE I/150265) granted pursuant to section 9 of the Land Act 1933 (WA) for the purpose of residential and economic development associated with Aboriginal heritage and cultural use on 9 August 1996.

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

(a)     UCL A (being the area formerly the subject of Shellborough Town Lot 17 (Certificate of Title 52/30);

(b)     UCL B (being the area formerly the subject of Special Lease 114/0040); and

(c)     UCL C (being the area formerly the subject of Special lease 114/0057).