FEDERAL COURT OF AUSTRALIA

 

Adnyamathanha No 1 Native Title Claim Group v The State of South Australia (No 2) [2009] FCA 359



 


 


 


 


 


GORDON COULTHARD, ANGELINA STUART, GERALDINE (THATHY) ANDERSON, VINCENT COULTHARD, STEWART PATTERSON, BEVERLEY PATTERSON, MARK MCKENZIE ON BEHALF OF THE ADNYAMATHANHA PEOPLE v THE STATE OF SOUTH AUSTRALIA & OTHERS

 

SAD 6001 of 1998

 

 

MARK McKENZIE & OTHERS ON BEHALF OF THE ADNYAMATHANHA PEOPLE v THE STATE OF SOUTH AUSTRALIA & OTHERS

 

 

SAD 6002 of 1998

 

 

 

 

 

MANSFIELD J

30 MARCH 2009

NEPABUNNA




IN THE FEDERAL COURT OF AUSTRALIA

 

SOUTH AUSTRALIA DISTRICT REGISTRY

SAD 6001 of 1998 SAD 6002 of 1998

 

BETWEEN:

GORDON COULTHARD, ANGELINA STUART, GERALDINE (THATHY) ANDERSON, VINCENT COULTHARD, STEWART PATTERSON, BEVERLEY PATTERSON, MARK MCKENZIE ON BEHALF OF THE ADNYAMATHANHA PEOPLE

Applicants

 

AND:

THE STATE OF SOUTH AUSTRALIA & OTHERS

Respondents

 

BETWEEN:

MARK McKENZIE & OTHERS

ON BEHALF OF THE ADNYAMATHANHA PEOPLE

Applicants

 

AND:

THE STATE OF SOUTH AUSTRALIA & OTHERS

Respondents

 

 

 

JUDGE:

MANSFIELD J

DATE OF ORDER:

30 MARCH 2009

WHERE MADE:

NEPABUNNA

 

THE COURT ORDERS IN MATTER SAD 6001 OF 1998 (THE ADNYAMATHANHA NO 1 NATIVE TITLE DETERMINATION APPLICATION) THAT:

 

1.         There be a consent determination of native title rights and interests over the area known as Angepena Pastoral Station and more particularly described in Schedule 1 to the orders annexed hereto and marked “A” in the terms set out in the order annexed hereto and marked “A”.

2.         There be a consent determination of native title rights and interests over part of the area covered by the application and being the area particularly described in Schedule 1 to the orders annexed hereto and marked “B” in the terms set out in the order annexed hereto and marked “B”.


THE COURT FURTHER ORDERS IN MATTER SAD 6002 OF 1998 (THE ADNYAMATHANHA NO 2 NATIVE TITLE DETERMINATION APPLICATION) THAT:

3.         There be a consent determination of native title rights and interests over the whole of the area covered by the application in the terms set out in the order annexed hereto and marked “C”.


Note:    Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
The text of entered orders can be located using eSearch on the Court’s website.



IN THE FEDERAL COURT OF AUSTRALIA

 

SOUTH AUSTRALIA DISTRICT REGISTRY

SAD 6001 of 1998 SAD 6002 of 1998

 

BETWEEN:

GORDON COULTHARD, ANGELINA STUART, GERALDINE (THATHY) ANDERSON, VINCENT COULTHARD, STEWART PATTERSON, BEVERLEY PATTERSON, MARK MCKENZIE ON BEHALF OF THE ADNYAMATHANHA PEOPLE

Applicants

 

AND:

THE STATE OF SOUTH AUSTRALIA & OTHERS

Respondents

 

BETWEEN:

Mark mckenzie & others

on behalf of the adnyamathanha people

Applicants

 

AND:

THE STATE OF SOUTH AUSTRALIA & OTHERS

Respondents

 

 

JUDGE:

MANSFIELD J

DATE:

30 MARCH 2009

PLACE:

NEPABUNNA


REASONS FOR JUDGMENT

INTRODUCTION

1                          Two separate applications for a determination of native title under s 61 of the Native Title Act 1993 (Cth) (the NT Act) have been made on behalf of the Adnyamathanha people over claim areas described in the applications in and around the Flinders Ranges National Park.  I have described those claims in separate reasons for ruling that I would make the three consent determinations which the parties have requested:  Adnyamathanha No 1 Native Title Claim v the State of South Australia [2009] FCA 358 at [2].  I will not repeat those descriptions. 

2                          The parties to each of the applications for determination of native title have reached an agreement that native title exists within certain parcels of land within the claim areas, and that native title has been extinguished, at least partly, in other parts of the claim areas. They have agreed also about the nature and extent of those native title rights and interests.  The parties have now applied under ss 87 and 87A of the NT Act for three determinations by consent over those parts of the claim areas.

3                          The area for which the first determination is sought covers a single pastoral lease in the Adnyamathanha No 1 Native Title Claim called the Angepena Pastoral Lease or the Angepena Pastoral Station.  It is the whole of the land within the outer boundary of the Angepena Pastoral Lease, being the outer boundary of Allotment 207 in Filed Plan 43315, Out of Hundreds (Copley), subject to the areas over which native title has been extinguished by the acts specified in Schedule 2 to the proposed determination.  

4                          The second determination relates to a much larger part of the Adnyamathanha No 1 Native Title Claim over which the parties also agree that native title rights and interests should be recognised in favour of the claim group so that a determination should be made.  It is a very large part of the area of the Adnyamathanha No 1 Native Title Claim, described in Schedule 1 to the proposed determination and shown in the map forming part of that Schedule.  I shall not repeat that description.  Within the area to be covered by the determination, there are specified areas where native title is not, or not presently, to be determined (as described in Schedule 2 Part 1) to exist either because it is accepted that it has been extinguished or because the parties require further time to assess tenure and whether s 47B of the NT Act applies to them (as described in Schedule 1 Appendix 2 and Schedule 2 Part 2).  The determination area includes the Lake Frome Regional Reserve proclaimed under the National Parks and Wildlife Act 1972 (SA), and although the native title rights and interests are to be declared to exist over that area, they are subject to the non-extinguishment principle, as explained in s 238 of the NT Act and in Western Australia v Ward (2002) 213 CLR 1 at [7] and Risk v Williamson (1998) 87 FCR 202 at 226-7.  Finally, s 47A of the NT Act operates so that certain of the area is held with exclusive native title rights and interests because any extinguishment by earlier acts is to be disregarded.  That includes the land held by the Aboriginal Lands Trust and now leased to the Nepabunna Community Inc, as well as other land held by the Aboriginal Lands Trust and the Mount Serle Pastoral Lease PE 2290.

5                         
The third proposed determination relates to the whole of the Adnyamathanha No 2 Native Title Claim, which comprises the whole of the Flinders Ranges National Park.

6                          The native title rights and interests to be granted do not cover certain specified areas where they have been extinguished, and there are also areas where those rights and interests continue to exist but by reason of the National Parks and Wildlife Act 1972 (SA) they are subject to the non-extinguishment principle to the extent that it operates in respect of those rights.

7                          I note that four other native title claims under s 61 of the NT Act have, in the history of these proceedings, overlapped the area the subject of the Adnyamathanha No 1 Native Title Claim.  They are claims made by the Arabunna, Barngala, Dieri and Nukunu people. Those four overlaps have now been resolved by agreement, at least so far as the areas to be covered by the proposed determinations are concerned.

WHETHER THE PROPOSED CONSENT DETERMINATIONS SHOULD BE MADE

8                          Section 87 of the NT Act sets out the Court’s power to make orders sought by the consent of the parties. The application for a determination over the whole area of the Adnyamathanha No 2 Native Title Claim is pursuant to s 87 of the NT Act.

9                          Section 87A of the NT Act sets out the Court’s power to make orders sought by consent of the parties to make a determination for part of an area. The two applications for determinations over much of the area of the Adnyamathanha No 1 Native Title Claim (including the separate determination in relation to Angepena Station) are pursuant to s 87A of the NT Act.

10                        Both ss 87 and 87A require the period of notice under s 66 to have elapsed.  It has clearly done so.  Section 87 requires that a signed copy of the agreed orders has been filed with the Court. Section 87A requires that a copy of the agreed orders has been filed with the Court signed by all those persons specified in s 87A(1)(c).  That is, in effect, the persons whose interests may be directly affected by the proposed determination over that part of the claim area.  Section 87A(3) then requires the Registrar of the Court to give notice to the other parties to the proceeding that the proposed determination of native title has been filed with the Court.  In the event that any party notified pursuant to s 87A(3) objects to the proposed determination, s 87A(5) requires the Court to take into account any such objection in deciding whether to make the orders sought under s 87A.

11                        I am satisfied of each of those requirements or pre-conditions to the making of the proposed orders.  There has been no objection by any party notified under s 87A(3) to their being made.

12                        It is appropriate to mention one other matter.  Shortly before the hearing of the applications, on 27 March 2009, a pastoralist whose pastoral lease appears to be within the larger determination area of the Adnyamathanha No 1 Native Title Claim, communicated by letter to the Court.  The pastoralist did not consent to the proposed determination.  The Registrar responded on the same day, to point out that the pastoralist had not applied to be a party to the application despite notification of the claim by the Registrar of the National Native Title Tribunal pursuant to s 66 of the NT Act having occurred much earlier.  The pastoralist could then have become a party under s 84(3), but did not do so.  The Registrar also pointed out that, even after that time, the pastoralist could apply under s 84(5) and O 78 r 8 of the Federal Court Rules to be joined as a party to the application.  It is a straightforward procedure.  No such application was made.  Notwithstanding those matters, the pastoralist by facsimile to a Court officer on the morning of the hearing again objected to the consent determination.  Even then, no application was made to become a party to the proceeding.

13                        I decided to proceed with the hearing of the application for consent determinations, and to make the consent determinations, notwithstanding those communications.  There are two reasons.

14                        First, the various notification procedures prescribed in the NT Act are for an obvious and very good reason.  Any person potentially affected by an application for the determination of native title under s 61 of the NT Act is thereby given notice of the application and the opportunity to become a party to it to protect that person’s interests.  The notification under s 66 is widespread: to the States or Territories where the claim area exists, to the Commonwealth, to the native title representative bodies for the claim area, to any other registered native title claimant or body corporate or other indigenous entity in respect of the claim area, any local government authority over any part of the claim area, any person who has a registered proprietary interest in any part of the claim area, and by way of public advertising.  Section 84 then facilitates all such persons being recognised as parties and being given the opportunity to represent and protect their interests.  A person so notified may elect not to become a party to the proceeding.  But such a person cannot then whimsically or capriciously choose to assert their claimed interests at any time and without regard to the structure provided by the NT Act.  It is to identify those interested parties who wish to participate in the proceeding so that their interests may properly be taken into account, both procedurally and substantively, in accordance with the NT Act.  That is necessary for the proper and fair and timely consideration of the issues arising on an application.  Section 84(5) provides for a person choosing not to become a party following notification to later apply to do so.  It is not uncommon for such an order to be made.  Indeed, in these matters, certain such orders were made quite late in the process.  Such an application involves establishing that person’s interests may be affected, and that it is in the interests of justice that that person be joined as a party.  If such an application is made belatedly, it may be necessary to consider why its timing was so late as relevant to the interests of justice.  However, the point is that this particular pastoralist has at no time sought to be a party to the proceeding, and so this pastoralist’s consent to the proposed determination was not required: s 87A(1)(c)(v).

15                        The second reason is that, on the material available, I am satisfied that the pastoralist has been aware not just of the Adnyamathanha No 1 Native Title Claim, but of its progress towards the proposed determination, for many months extending back to 2008.  There is no reason why the concerns now informally expressed could not have been earlier expressed.  There is no explanation proffered for the very late informal expression of concerns.  It is entirely inconsistent with the orderly management of any proceeding, and particularly one with a significant number of parties and with such complexity and which has required the careful and detailed consideration and negotiations of all the parties to reach its present point, that a person who has been aware of the process for some time should, by an informal side wind, be in a position to frustrate the outcome of that process.

16                        It is necessary to go beyond the formal requirements of the NT Act.  Under both ss 87 and 87A, in order to make the proposed consent determinations of native title without holding a hearing, the Court must be satisfied that such order would be within its power and that it would be appropriate to do so.

17                        Because the Orders sought contain a determination of native title, they must comply with s 94A of the NT Act. That section requires the proposed orders set out details of the matters mentioned in s 225 of the NT Act.  Section 225 defines a determination of native title as:


a determination whether or not native title exists in relation to a particular area (the determination area) of land or waters and, if it does exist, a determination of:

(a)        who the persons, or each group of persons, holding the common or group rights comprising the native title are; and

(b)        the nature and extent of the native title rights and interests in relation to the determination area; and

(c)        the nature and extent of any other interests in relation to the determination area; and

(d)        the relationship between the rights and interests in paragraphs (b) and (c) (taking into account the effect of this Act); and

(e)        to the extent that the land or waters in the determination area are not covered by a non-exclusive agricultural lease or a non-exclusive pastoral lease – whether the native title rights and interest confer possession, occupation, use and enjoyment of that land or waters on the native title holders to the exclusion of all others.

18                        “Native title rights and interests” are defined in s 223(1) of the NT Act as:

the communal, group or individual rights and interests of Aboriginal peoples … in relation to land or waters, where:

(a)        the rights and interests are possessed under the traditional laws acknowledged, and the traditional customs observed, by the Aboriginal peoples…; and

(b)        the Aboriginal peoples…, by those laws and customs, have a connection with the land or waters; and

(c)        the rights and interests are recognised by the common law of Australia.

19                        The evidence before the Court in support of the applications includes a Native Title Report from an anthropologist, the evidence taken during a preservation of evidence hearing, and witness statements.

20                        The Native Title Report (the Ellis Report) was prepared by Bob Ellis, an anthropologist with thirty years of experience working with the Adnyamathanha people. The Ellis Report was accompanied by the Adnyamathanha Genealogy, a published work on Adnyamathanha families that is being relied on as establishing the relevant families that make up the Adnyamathanha society.  Mr Ellis also interviewed six claimants on a number of topics identified by the State as requiring clarification.

21                        In October 2007 the Court conducted a preservation of evidence hearing at Hawker and at a number of sites around the Flinders Ranges. Two senior Adnyamathanha men, Ken McKenzie and Stuart Patterson, gave evidence over three sitting days.

22                        Thirteen witness statements were gathered from the Adnyamathanha claimants to address outstanding issues following the Ellis Report and the preservation of evidence hearing.

23                        All the material was assessed by the State’s expert anthropologist, Dr David Martin.  Based on Dr Martin’s assessment, the State identified certain outstanding issues requiring further clarification which were addressed by way of the material in the witness statements.

24                        In support of the applications for consent determinations of native title, the State of South Australia has filed extensive written submissions on behalf of the State and the claimants. Those submissions refer to the Ellis Report, the interviews, the transcript from the preservation of evidence hearing and the witness statements, which all speak of the Adnyamathanha people and their connection to the claim area.

25                        The relevant native title claim group, the Adnyamathanha people, and its society, is clearly identified (and is a relevant society for the purposes of s 223 of the NT Act). The term “Adnyamathanha” refers to a much larger group than that term originally described, and the evidence shows that different researchers have identified different “tribes” or language groups within the claim area, some of which are well supported, the other more inferential or doubtful. Despite this, the interviews and witness statements substantiate contemporary custom of claimants to identify as Adnyamathanha whilst acknowledging they are also, for example, Kuyani, Pirlatapa, Wailpi or Yadliyawara.  There are a number of other subgroups.  The Ellis Report shows that the contemporary Adnyamathanha society is comprised of those traditionally closely related groups, and that the ethnographic records suggest those groups have a long history of inter-marriage, co-residence and joint ceremonial activities allowing them to be characterised as an appropriate traditional society for native title purposes (Ellis Report at [145]).

26                       
I am satisfied that the level of detail provided by the applicants to identify the native title claim group and its society satisfies the requirements of the NT Act.

27                        The evidence also addresses the relationship between the claim group’s society and the society in the determination area at sovereignty. The earliest recorded ancestors for the contemporary Adnyamathanha society are traced back to the mid-19th century. The evidence shows that those ancestors were living and observing traditional laws and customs in the relevant areas at that time.  It is easy to infer that ancestors of those persons occupied the proposed determination area at sovereignty, and that the current claim group is directly linked to them.

28                        The evidence shows a substantially uninterrupted observance of traditional laws and customs since sovereignty, albeit not necessarily homogenous in the level of its observation, and notwithstanding varying levels of knowledge and enforcement amongst the Adnyamathanha people. One of the key features of the normative society is the division of the Adnyamathanha people into two matrilineal moieties, Matheri and Arraru.  Its importance is recognised and observed by all the Adnyamathanha people interviewed, including younger claimants.  The moiety system retains its significance to the younger generation. The moieties traditionally governed many other aspects of Adnyamathanha life, including ceremonial practice, burial arrangement and decision making processes. The latter is evident through the composition of boards dealing with land issues such as the Vulkathunha Gammon Ranges National Park Co-Management Board, where equal numbers of Matheri and Arraru people are appointed to the board, and other boards representative of the Adnyamathanha people.

29                        In addition, the continued use of the Adnyamathanha language amongst many of the Adnyamathanha people, including in social contexts where it is often the language of choice, and the encouragement to the younger generations to continue its vibrancy is a strong identifier of ongoing Adnyamathanha custom and identity.  So too is the ongoing knowledge of muda (also mura) or Dreaming traditions.  That was particular evident during the preservation evidence of Ken McKenzie, as well as in other statements and interviews.  The Adnyamathanha people have been promoting and protecting their cultural heritage for many years, including establishing structures for the identification and protection of sites through the cultural and educational centre at Iga Warta near Nepabunna.

30                        There are additionally, other laws and customs for which there is contemporary evidence including:

·                      The traditional way to butcher and cook kangaroo;

·                      Speaking with and respecting spirits in the land;

·                      Age based hierarchy;

·                      Physically maintaining and protecting sites of significance; and

·                      Maintaining gender and status based restrictions in relation to Dreaming Law.

31                        In my view, the material demonstrates the uninterrupted observance of many traditional laws and customs since sovereignty by the Adnyamathanha people, thereby defining their society, by actively promoting and protecting their cultural heritage for many years.

32                        The evidence further demonstrates a connection to the determination area by the group’s traditional laws and customs. In particular, the key criteria by which the Adnyamathanha people assert rights and interests in a claim area is descent from an Adnyamathanha ancestor.  It shows that the Adnyamathanha country is for all Adnyamathanha people, even though there are some areas where particular people should be consulted about particular parts of the claim area because of their special associations with it.  Those associations derive from seniority, and in earlier times seniority associated with initiation ceremonies, and particular historical connections through ancestry and exposure to those areas.

33                        The material before the Court also shows that the Adnyamathanha people are recognised by other Aboriginal people as controlling the enjoyment of rights and interests in the claim area.  That is exposed by contacts from other Aboriginal people to Iga Warta and Nepabunna seeking permission to visit the area.

34                        Further, the relationship between the laws and customs of the Adnyamathanha people and the rights and interests claimed by the applicants is demonstrated by the practising of all the rights and interests claimed by the Adnyamathanha people, both by those who still live on the country and by those who make conscious efforts to return to the area and engage in traditional activities.

35                       
The material relied upon by the parties in support of the proposed consent determinations, in my view, adequately addresses the requirements of ss 223 and 225 of the NT Act and the appropriateness of making the proposed consent determinations. I accept their submission that the Ellis Report and the interviews and evidence support the recognition of native title rights and interests possessed by the native title claim group, as defined by s 223 and explained by the High Court in Members of the Yorta Yorta Aboriginal Community v Victoria (2002) 214 CLR 422.

36                        I also conclude on the basis of the material before me that the parties likely to be affected by the proposed consent determination have had sufficient access to independent legal representation; and that the State of South Australia, in providing its consent, has given appropriate consideration to the evidence and to the interests of the community generally; see Munn (for and on behalf of the Gunggari People) v Queensland (2001) 115 FCR 109 at [29]. Indeed, the material suggests that both the applicants and the State have carefully considered all the material and its significance, and the State has, in particular, assessed that material as part of its process outlined in the State’s policy document Consent Determinations in South Australia: A Guide to Preparing Native Title Reports (the State’s CD Policy).

37                        I have also considered the terms of the proposed consent determinations. In my view, they satisfy the requirements of s 225 of the NT Act. They are carefully worded.  They define the group of native title holders and the criteria by which they have group membership in a satisfactory way.  The native title rights and interests are in appropriately specific terms.  They express rights and interests which would be recognised by the laws of Australia.  The nature and significance of the other interests in the areas of the proposed consent determinations are also clearly spelled out, as is the consequence of those other interests, both as they presently affect the agreed native title rights and interests, and in the longer term as to how the native title rights and interests will become more enlivened as those other interests come to an end progressively over time.  I consider that each of the requirements of s 225(a) to (e) is satisfied.  I am also satisfied that the issues of extinguishment have been adequately addressed.

38                        Where the Court proposes to make a determination that native title exists it must determine whether the native title is to be held in trust and if so by whom: s 55 and 56(1) of the NT Act. The determinations envisage that the native title is not to be held in trust.  There is a timetable for the Adnyamathanha Traditional Lands Association to amend its constitution so that it can perform the role of a prescribed body corporate under s 57 of the NT Act.

CONCLUSION

39                        I am satisfied that it is within the power of the Court, and appropriate in the circumstances, to give effect to the proposed determinations without a full hearing of the native title applications. I therefore make the orders and determinations which are contained in the Orders now made by the Court.

 

I certify that the preceding thirty-nine (39) numbered paragraphs are a true copy of the Reasons for Ruling herein of the Honourable Justice Mansfield.


Associate:


Dated:         17 April 2009


Counsel for the Applicants:

G Harbord, R Bradshaw and A Collett

 

 

Solicitor for the Applicants:

Johnston Withers

 

 

Counsel for the First Respondent:

P Tonkin

 

 

Solicitor for the First Respondent:

Crown Solicitor for South Australia

 

 

Counsel for Sydney Nicholls (Angepena Pastoral Co):

M Durrant

 

 

Solicitor for Sydney Nicholls (Angepena Pastoral Co):

Kelly & Co


Date of Hearing:

30 March 2009

 

 

Date of Ruling:

30 March 2009





IN THE FEDERAL COURT OF AUSTRALIA

 

SOUTH AUSTRALIA DISTRICT REGISTRY

SAD 6001 of 1998 SAD 6002 of 1998

 

BETWEEN:

GORDON COULTHARD, ANGELINA STUART, GERALDINE (THATHY) ANDERSON, VINCENT COULTHARD, STEWART PATTERSON, BEVERLEY PATTERSON, MARK MCKENZIE ON BEHALF OF THE ADNYAMATHANHA PEOPLE

Applicants

 

AND:

THE STATE OF SOUTH AUSTRALIA & OTHERS

Respondents

 

BETWEEN:

MARK McKENZIE & OTHERS

ON BEHALF OF THE ADNYAMATHANHA PEOPLE

Applicants

 

AND:

THE STATE OF SOUTH AUSTRALIA & OTHERS

Respondents

 

 

 

JUDGE:

MANSFIELD J

DATE OF ORDER:

30 MARCH 2009

WHERE MADE:

NEPABUNNA

 

THE COURT NOTES THAT:

A.  This determination covers that part of the area covered by the Adnyamathanha No.1 Native Title Determination Application (SAD 6001 of 1998) (“the Adnyamathanha No.1 Claim”) as defined in Paragraph 2.  The Adnyamathanha No.1 Claim has not previously been determined.

B.   The Parties to the determination (“the Parties”) agree that those areas listed in Schedule 2 are not included in the Determination Area having been excluded by the Claimants’ application for a determination of native title.

C.  The Parties have now reached agreement as to the terms of a determination of native title to be made in relation to the Determination Area.  They have filed an agreement in writing with this Court pursuant to section 87A (1) of the Native Title Act 1993 (Cth) (“the Native Title Act”) to seek the making of consent orders for a determination.

D.  The Parties acknowledge that the effect of the making of this determination will be that those people described in paragraph 6, in accordance with their traditional laws and customs, will be recognised as the native title holders for the Determination Area (“the Native Title Holders”).

E.   The Parties have requested that the Court make a determination over the Determination Area without a trial.

BY CONSENT THE COURT MAKES THE FOLLOWING DETERMINATION OF NATIVE TITLE PURSUANT TO SECTION 87A OF THE NATIVE TITLE ACT:

1.       In this determination, including its schedules, unless the contrary intention appears, the words and expressions used have the same meaning as they are given in Part 15 of the Native Title Act.

2.       In this determination, “the Determination Area” means that part of the area of the Adnyamathanha No.1 Claim as described in Schedule 1 (and shown in the Map forming part of that Schedule) otherwise known as Angepena Pastoral Station apart from those excluded areas which are described in Paragraph 16 and in Schedule 2.

3.       In this determination including its schedules, in the event of an inconsistency between a description of an area in a schedule and the depiction of that area on the map in Schedule 1, the written description shall prevail.

Existence of Native Title

4.       Subject to paragraphs 12 to 16 herein, native title exists in the Determination Area.

5.       Native title does not exist in relation to the areas and resources described in Paragraphs 12, 15 and 16 herein.

The Native Title Holders

6.       The Native Title Holders are those living Aboriginal people who:

(a)     are the descendants (whether biologically or by adoption) of the following apical ancestors:

i.  Mt Serle Bob

ii.Polly, wife of Mt Serle Bob

iii.   Quartpot Tommy

iv.   Mt Serle Bob’s sister, wife of Quartpot Tommy

v.Willy Austin Snr

vi.   Nicholas Demell

vii.  Emily McKenzie, wife of Nicholas Demell

viii.Sydney Ryan

ix.   Mary, wife of Sydney Ryan

x.the siblings Angepena Billy or Mary

xi.   Fanny, wife of Angepena Billy

xii.  the siblings Sara Johnson, Matilda Johnson, Fred Johnson, Natalie Johnson, Jessie Johnson or Sydney Jackson, and

(b)     identify as Adnyamathanha; and

(c)     are recognised by other Native Title Holders under the relevant Adnyamathanha traditional laws and customs as having maintained an affiliation with, and continuing to hold native title rights and interests in, the Determination Area.

Native title rights and interests

7.       Subject to paragraphs 8 and 9, the nature and extent of the native title rights and interests held by all Native Title Holders in relation to the Determination Area are rights to use, stay on and enjoy the land and waters of the Determination Area being:

(a)     The right to access and move about the Determination Area;

(b)     The right to live, to camp and to erect shelters on the Determination Area;

(c)     The right to hunt and fish on the Determination Area;

(d)     The right to gather and use the natural resources of the Determination Area such as food, plants, timber, resin, ochre and soil;

(e)     The right to cook and to light fires for cooking and camping purposes on the Determination Area;

(f)      The right to use the natural water resources of the Determination Area;

(g)     The right to distribute, trade or exchange the natural resources of the Determination Area;

(h)     The right to conduct ceremonies and hold meetings on the Determination Area;

(i)      The right to engage and participate in cultural activities on the Determination Area including those relating to births and deaths;

(j)      The right to carry out and maintain burials of deceased native title holders and of their ancestors within the Determination Area;

(k)     The right to teach on the Determination Area the physical and spiritual attributes of locations and sites within the Determination Area;

(l)      The right to visit, maintain and preserve sites and places of cultural or spiritual significance to Native Title Holders within the Determination Area;

(m)    The right to speak for and make decisions in relation to the Determination Area about the use and enjoyment of the Determination Area by Aboriginal people who recognise themselves to be governed by the traditional laws and customs acknowledged by the Native Title Holders;

(n)     The right to be accompanied on to the Determination Area by those people who, though not Native Title Holders, are:

(i)      spouses of Native Title Holders; or

(ii)        people required by traditional law and custom for the performance of ceremonies or cultural activities on the Determination Area; or

(iii)        people who have rights in relation to the Determination Area according to the traditional laws and customs acknowledged by the Native Title Holders; or

(iv)       people invited by Native Title Holders to assist in, observe, or record traditional activities on the Determination Area.

8.       The native title rights and interests described in paragraph 7 do not confer possession, occupation, use and enjoyment of the Determination Area on the native title holders to the exclusion of others.

9.       The native title rights and interests arefor personal, domestic and non-commercial communal use.

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

(a)     the traditional laws and customs of the Native Title Holders;

(b)     the valid laws of the State and Commonwealth, including the common law.

Nature and extent of other interests

11.     The nature and extent of other interests in relation to the Determination Area are:

(a)     The rights and interests of the holder of Pastoral Lease No 2259 (Crown Lease number Volume 1280 Folio 24);

(b)     the interests of the Crown in right of the State of South Australia;

(c)     the interests of persons to whom valid or validated rights and interests have been granted or recognised by the Crown in right of the State of South Australia or by the Commonwealth of Australia pursuant to statute or otherwise in the exercise of executive power;

(d)     rights or interests held by reason of the force and operation of the laws of the State or of the Commonwealth;

(e)     the rights to access land by an employee or agent or instrumentality of the State, Commonwealth or other statutory authority as required in the performance of his or her statutory or common law duties (in accordance with any valid legislation);

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

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

(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);

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

(g)     the rights, interests and entitlements of ETSA Utilities (a partnership of Spark Infrastructure SA (No.1) Pty Ltd, Spark Infrastructure SA (No.2) Pty Ltd, Spark Infrastructure SA (No.3) Pty Ltd, CKI Utilities Development Limited and HEI Utilities Development Limited) and its related and successor entities, including its rights, interests and entitlements:

(i)      to exercise its entitlements and discharge its obligations as the owner and/or operator of electricity infrastructure (as defined in the Electricity Act 1996 (SA) (“Electricity Act”)) and telecommunications facilities and infrastructure within the Determination Area (“Existing Infrastructure”);

(ii)     to exercise its entitlements and discharge its obligations as the holder of a licence under the Electricity Act and/or as an electricity entity under the Electricity Act;

(iii)    to exercise its entitlements and discharge its obligations as the holder of a carrier licence under the Telecommunications Act 1997 (Cth);

(iv)    to install new electricity and telecommunications infrastructure within the Determination Area (“New Infrastructure”) and modify, maintain and repair Existing Infrastructure;

(v)     under easements, leases or licences (whether registered, unregistered, statutory or otherwise) relating to Existing Infrastructure or New Infrastructure within the Determination Area (“Easements”);

(vi)    to provide its employees, agents or contractors with access to Existing Infrastructure, New Infrastructure and the Easements within the Determination Area; and

(vii)    to the extent permitted by law, to restrain any person from performing any act, or compel any person to perform any act, for the purposes of ensuring that ETSA Utilities complies with its obligations under any law, including, but not limited to, excluding any person from entering an area containing Existing Infrastructure or New Infrastructure for the purposes of maintaining the safety of any person and the security and protection of such infrastructure.

12.     Native Title rights and interests do not exist in respect of those parts of the Determination Area being any house, shed or other building or airstrip or any dam or other stock watering point constructed pursuant to the pastoral lease referred to in Paragraph 11(a)These areas comprise the land on which the improvements of the kind referred to herein have been constructed prior to the date hereof and include any adjacent land or waters the exclusive use of which is necessary for the enjoyment of the improvements referred to.

13.     For the avoidance of doubt, Paragraph 12 does not preclude the possibility of further extinguishment, according to law, of native title over other limited parts of the Determination Area by reason of the construction of new pastoral improvements of the kind referred to in Paragraph 12 after the date of this determination.

14.     The relationship between the native title rights and interests in the Determination Area that are described in Paragraph 7 and the other rights and interests that are referred to in Paragraph 11 (“the other rights and interests”) is that:

(a)     the other rights and interests co-exist with the native title rights and interests;

(b)     in the event of inconsistency, 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;

(c)     the existence of the native title rights and interests does not prevent the doing of any activity required or permitted to be done by, in accordance with or under the other rights and interests.

15.     Native title rights and interests do not exist in:

(a)     minerals as defined in section 6 of the Mining Act 1971 (SA); or

(b)     petroleum; or

(c)     a naturally occurring underground accumulation of a regulated substance, other than petroleum; or

(d)     a natural reservoir.

For the purposes of this Paragraph 15 and the avoidance of doubt:

(i)      a geological structure (in whole or part) on or at the earth’s surface or a natural cavity which can be accessed or entered by a person through a natural opening in the earth’s surface is not a natural reservoir;

(ii)     “geothermal energy”, petroleum, “regulated substance” and “natural reservoir” mean those terms as defined in section 4 of the Petroleum Act 2000 (SA);

(iii)    the absence from this Order of any reference to a source of geothermal energy is not of itself to be taken as an indication of the existence or otherwise of native title rights and interests in a source of geothermal energy.

16.     Native title rights do not exist in the areas covered by public works attributable to the State or Commonwealth (including the land defined in section 251D of the Native Title Act) which were constructed, established or situated prior to 23 December 1996 or commenced to be constructed or established on or before that date. 

17.     Public works constructed, established or situated after 23 December 1996 have had such effect on native title rights and interests as has resulted from Part 2 Division 3 of the Native Title Act.

AND THE COURT MAKES THE FOLLOWING FURTHER ORDERS:         

18.     The native title is not to be held in trust.

19.     Within six months of the date of this Order, a representative of the Native Title Holders is to file and serve a notice nominating:

(a)     Adnyamathanha Traditional Lands Association (Aboriginal Corporation) (subject to appropriate amendments being made to its Constitution to enable it to fulfil the role of a prescribed body corporate); or

(b)     An alternative Aboriginal and Torres Strait Islander corporation, the Constitution of which enables it to fulfil the role of a prescribed body corporate;

to be the prescribed body corporate for the purposes of section 57(2) of the Native Title Act and include with that notice the written consent of the body corporate. 

20.     Subject to further order, if a prescribed body corporate is nominated in accordance with paragraph 19 there will, without the need for a further order, be a determination that the prescribed body corporate so nominated is:

(a)     to be the prescribed body corporate for the purposes of section 57(2) of the Native Title Act; and

(b)     to perform the functions referred to in section 57(3) of the Native Title Act.

21.     If no nomination is made in accordance with paragraph 19 within the period specified, or any further period the Court may order, the matter is to be listed for further directions.

22.     The parties have liberty to apply on 14 days notice to a single judge of the Court for the following purposes:

(a)     to establish the precise location and boundaries of the public works and adjacent land and waters referred to in Paragraphs 16 and 17 of this Order;

(b)     to establish the effect on native title rights and interests of any public works referred to in Paragraph 17 of this Order; or

(c)     to determine whether any particular area is included in the description in paragraph 12 or Schedule 2 of this Order.

 

 

 

 

Note:    Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
The text of entered orders can be located using eSearch on the Court’s website.

 

SCHEDULE 1 - Description and Map of the Determination Area

Comprising the whole of the land within the outer boundary of the Angepena Pastoral Lease, being the outer boundary of Allotment 207 in Filed Plan 43315, Out of Hundreds (Copley).


SCHEDULE 2 - Areas that have been excluded from the Determination Area

 

1.       The following areas are agreed to have been excluded from the Determination Area by reason of the fact that native title has been extinguished in those areas:

1.1.         Any areas in relation to which native title has been extinguished by an act attributable to the State of South Australia pursuant to any of the following sections of the Native Title (South Australia) Act 1994 (SA):

a)  Sections 33 and 34 (Category A past acts);

b)Section 35 (Category B past acts that are wholly inconsistent with the continued existence, enjoyment or exercise of any native title rights or interests);

c)  Sections 36B and 36C (Category A intermediate period acts);

d)Section 36D (Category B intermediate period acts that are wholly inconsistent with the continued existence, enjoyment or exercise of any native title rights or interests);

e)  Sections 36F and 36G (previous exclusive possession acts other than “excepted acts”);

1.2.         Any areas in relation to which native title has been extinguished by an act attributable to the Commonwealth of Australia pursuant to any of the following sections of the Native Title Act:

a)  Section 15(1)(a), (b) (Category A past acts);

b)Section 15(1)(c) (Category B past acts that are wholly inconsistent with the continued existence, enjoyment or exercise of any native title rights or interests);

c)  Section 22B(a), (b) (Category A intermediate period acts);

d)Section 22B(c) (Category B intermediate period acts that are wholly inconsistent with the continued existence, enjoyment or exercise of any native title rights or interests);

e)  Sections 23B and 23C (previous exclusive possession acts).

1.3.         Any areas in relation to which native title rights and interests have otherwise been wholly extinguished.

2.       For the avoidance of doubt and without limiting the above, native title has been extinguished in relation to that part of the public road between Copley and Nepabunna which lies within the external boundaries of the Determination Area.


IN THE FEDERAL COURT OF AUSTRALIA

 

SOUTH AUSTRALIA DISTRICT REGISTRY

SAD 6001 of 1998 SAD 6002 of 1998

 

BETWEEN:

GORDON COULTHARD, ANGELINA STUART, GERALDINE (THATHY) ANDERSON, VINCENT COULTHARD, STEWART PATTERSON, BEVERLEY PATTERSON, MARK MCKENZIE ON BEHALF OF THE ADNYAMATHANHA PEOPLE

Applicants

 

AND:

THE STATE OF SOUTH AUSTRALIA & OTHERS

Respondents

 

BETWEEN:

MARK McKENZIE & OTHERS

ON BEHALF OF THE ADNYAMATHANHA PEOPLE

Applicants

 

AND:

THE STATE OF SOUTH AUSTRALIA & OTHERS

Respondents

 

 

 

JUDGE:

MANSFIELD J

DATE OF ORDER:

30 MARCH 2009

WHERE MADE:

NEPABUNNA

 

 

THE COURT NOTES THAT:

A.  This determination covers that part of the area covered by the Adnyamathanha No.1 Native Title Determination Application (SAD 6001 of 1998) (“the Adnyamathanha No.1 Claim”) as defined in Paragraph 2.  The Adnyamathanha No.1 Claim has not previously been determined.

B.   The Parties to the determination (“the Parties”) agree that those areas listed in Part 1 of Schedule 2 are not included in the Determination Area having been excluded by the Claimants’ application for a determination of native title.

C.  The Parties have now reached agreement as to the terms of a determination of native title to be made in relation to the Determination Area.  They have filed an agreement in writing with this Court pursuant to section 87A (1) of the Native Title Act 1993 (Cth) (“the Native Title Act”) to seek the making of consent orders for a determination.

D.  The State of South Australia asserts that the Vesting (as defined in Paragraph 2 (b)) of those parts of the Determination Area in the Crown listed in Schedule 3 (“the Schedule 3 Areas”) means that the exercise of all native title rights and interests in relation to those areas (whether exclusive or non-exclusive) were suppressed at the date of the Vesting, pursuant to the non-extinguishment principle established by the Native Title Act.  Accordingly, all native title rights and interests in the Schedule 3 Areasremain suppressed for as long as those areas remain vested in the Crown under the National Parks and Wildlife Act 1972 (“the NPWA”) or other relevant State legislation.

E.   The First and Second Applicants assert with regard to the Schedule 3 Areas that some native title rights are not suppressed by the Vesting but acknowledge the operation of the non-extinguishment principle provided for in the Native Title Act

F.   The Parties have agreed to the following orders in relation to the native title rights and interests, reflecting (insofar as those orders relate to the Schedule 3 Areas) a compromise of the issue addressed in Recitals D and E.

G.  The Parties agree that section 47A of the Native Title Act applies to the Determination Area in respect to the areas covered by the interests listed at Schedule 4 and that prior extinguishment is to be disregarded over those areas in accordance with section 47A of the Native Title Act

H.  The Parties acknowledge that the effect of the making of this determination will be that those people described in paragraph 6, in accordance with their traditional laws and customs, will be recognised as the native title holders for the Determination Area (“the Native Title Holders”).

I.    The Parties have requested that the Court make a determination over the Determination Area without a trial.

BY CONSENT AND PURSUANT TO SECTION 87A NATIVE TITLE ACT 1993 THE COURT MAKES THE FOLLOWING DETERMINATION OF NATIVE TITLE:

1.       In this determination, including its schedules, unless the contrary intention appears, the words and expressions used have the same meaning as they are given in Part 15 of the Native Title Act.


2.       In this determination,

(a)     “the Determination Area” means that part of the area of the Adnyamathanha No.1 Claim as described in Schedule 1 (and shownin the map forming part of that Schedule) apart from those excluded areas which are described in Paragraph 18 and in Schedule 2;

(b)     “the Vesting” means the vesting of a Park or Reserve in the Crown pursuant to the NPWA as listed in Schedule 3.

3.       In this determination including its schedules, in the event of an inconsistency between a description of an area in a schedule and the depiction of that area on the map in Schedule 1, the written description shall prevail.

Existence of Native Title

4.       Subject to Paragraphs 12 to 18 herein, native title exists in the Determination Area.

5.       Native title does not exist in relation to the areas and resources described in Paragraphs 13, 17 and 18 herein.

The Native Title Holders

6.       The Native Title Holders are those living Aboriginal people who:

(a)     are the descendants (whether biologically or by adoption) of the following apical ancestors:

xiii.Mt Serle Bob

xiv.Polly, wife of Mt Serle Bob

xv.  Quartpot Tommy

xvi.Mt Serle Bob’s sister, wife of Quartpot Tommy

xvii.            Willy Austin Snr

xviii.           Nicholas Demell

xix.Emily McKenzie, wife of Nicholas Demell

xx.  Sydney Ryan

xxi.Mary, wife of Sydney Ryan

xxii.            the siblings Angepena Billy or Mary

xxiii.           Fanny, wife of Angepena Billy

xxiv.           the siblings Sara Johnson, Matilda Johnson, Fred Johnson, Natalie Johnson, Jessie Johnson or Sydney Jackson, and

(b)     identify as Adnyamathanha; and

(c)     are recognised by other Native Title Holders under the relevant Adnyamathanha traditional laws and customs as having maintained an affiliation with, and continuing to hold native title rights and interests in, the Determination Area.

Native title rights and interests

7.       Subject to paragraphs 8, 9, 10 and 11, the nature and extent of the native title rights and interests held by all Native Title Holders in relation to the Determination Area are rights to use, stay on and enjoy the land and waters of the Determination Area being:

(a)     The right to access and move about the Determination Area;

(b)     The right to live, to camp and to erect shelters on the Determination Area;

(c)     The right to hunt and fish on the Determination Area;

(d)     The right to gather and use the natural resources of the Determination Area such as food, plants, timber, resin, ochre and soil;

(e)     The right to cook and to light fires for cooking and camping purposes on the Determination Area;

(f)      The right to use the natural water resources of the Determination Area;

(g)     The right to distribute, trade or exchange the natural resources of the Determination Area;

(h)     The right to conduct ceremonies and hold meetings on the Determination Area;

(i)      The right to engage and participate in cultural activities on the Determination Area including those relating to births and deaths;

(j)      The right to carry out and maintain burials of deceased native title holders and of their ancestors within the Determination Area;

(k)     The right to teach on the Determination Area the physical and spiritual attributes of locations and sites within the Determination Area;

(l)      The right to visit, maintain and preserve sites and places of cultural or spiritual significance to Native Title Holders within the Determination Area;

(m)    The right to speak for and make decisions in relation to the Determination Area about the use and enjoyment of the Determination Area by Aboriginal people who recognise themselves to be governed by the traditional laws and customs acknowledged by the Native Title Holders;

(n)     The right to be accompanied on to the Determination Area by those people who, though not Native Title Holders, are:

(i)      spouses of Native Title Holders; or

(ii)        people required by traditional law and custom for the performance of  ceremonies or cultural activities on the Determination Area; or

(iii)        people who have rights in relation to the Determination Area according to the traditional laws and customs acknowledged by the Native Title Holders; or

(iv)       people invited by Native Title Holders to assist in, observe, or record traditional activities on the Determination Area.

8.       Subject to paragraph 9, the native title rights and interests described in Paragraph 7 do not confer possession, occupation, use and enjoyment of the Determination Area on the native title holders to the exclusion of others.

9.       The nature and extent of native title rights and interests in relation to each part of the Determination Area referred to in Schedule 4 (being areas where extinguishment of native title rights and interests over the areas therein prior to 25 July 1997 is to be disregarded in accordance with section 47A of the Native Title Act) are an entitlement against the whole world to possession, occupation, use and enjoyment of the land and waters of that part.

10.     The native title rights and interests referred to in Paragraphs 7 and 9 arefor personal, domestic and non-commercial communal use.

11.     The native title rights and interests referred to in Paragraphs 7 and 9 are subject to and exercisable in accordance with:

(a)     the traditional laws and customs of the Native Title Holders;

(b)     the valid laws of the State and Commonwealth, including the common law.

Nature and extent of other interests

12.     The nature and extent of other interests in relation to the Determination Area are:

(a)     the interests of the Crown in right of the State of South Australia;

(b)     the interests of persons to whom valid or validated rights and interests have been granted or recognised by the Crown in right of the State of South Australia or by the Commonwealth of Australia pursuant to statute or otherwise in the exercise of executive power;

(c)     rights or interests held by reason of the force and operation of the laws of the State or of the Commonwealth;

(d)     the rights of the public to use and enjoy the Determination Area in accordance with the provisions of the NPWA and any other valid legislation.

(e)     the rights to access land by an employee or agent or instrumentality of the State, Commonwealth or other statutory authority as required in the performance of his or her statutory or common law duties (in accordance with any valid legislation);

(f)      The rights and interests of the holders of the pastoral leases described in Schedule 5;

(g)     the rights and interests of Telstra Corporation Limited:

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

(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);

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

(h)     the rights, interests and entitlements of ETSA Utilities (a partnership of Spark Infrastructure SA (No.1) Pty Ltd, Spark Infrastructure SA (No.2) Pty Ltd, Spark Infrastructure SA (No.3) Pty Ltd, CKI Utilities Development Limited and HEI Utilities Development Limited) and its related and successor entities, including its rights, interests and entitlements:

(i)      to exercise its entitlements and discharge its obligations as the owner and/or operator of electricity infrastructure (as defined in the Electricity Act 1996 (SA) (“Electricity Act”)) and telecommunications facilities and infrastructure  within the Determination Area (“Existing Infrastructure”);

(ii)      to exercise its entitlements and discharge its obligations as the holder of a licence under the Electricity Act and/or as an electricity entity under the Electricity Act;

(iii)     to exercise its entitlements and discharge its obligations as the holder of a carrier licence under the Telecommunications Act 1997 (Cth);

(iv)     to install new electricity and telecommunications infrastructure within the Determination Area (“New Infrastructure”) and modify, maintain and repair  Existing Infrastructure;

(v)     under easements, leases or licences (whether registered, unregistered, statutory or otherwise) relating to Existing Infrastructure or New Infrastructure within the Determination Area (“Easements”);

(vi)     to provide its employees, agents or contractors with access to Existing Infrastructure, New Infrastructure and the Easements within the Determination Area; and

(vii)    to the extent permitted by law, to restrain any person from performing any act, or compel any person to perform any act, for the purposes of ensuring that ETSA Utilities complies with its obligations under any law, including, but not limited to, excluding any person from entering an area containing Existing Infrastructure or New Infrastructure for the purposes of maintaining the safety of any person and the security and protection of such infrastructure;

(i)      the rights and interests of Epic Energy South Australia Pty Ltd (formerly Tenneco Gas South Australia Pty Ltd) (“Epic”):

(i)      as:

(A)         holders of Pipeline Licence No. 1 (PL1) issued pursuant to the Petroleum Act 1940 (SA) on 12 March 1969 and renewed on 27 March 1990 pursuant to the Petroleum Act 1940 (SA) and continuing in force by the operation of clause 2 of the Schedule to the Petroleum Act 2000 (SA); and

(B)         owner of the pipeline the subject thereof by virtue of having been a purchaser of the pipeline (as purchaser is defined in section 16 of the Natural Gas Authority Act 1967 (SA) as amended by the Pipelines Authority (Sale of Pipelines) Amendment Act 1995 (SA) (“Sale Legislation”) from the former Pipeline Authority of South Australia (“PASA”, now the Natural Gas Authority of South Australia (“NGASA”)) pursuant to a Sale Agreement dated 30 June 1995 under the Sale Legislation;

(ii)      where the licensed pipeline was established pursuant to the Natural Gas Authority Act 1967 and is located within a statutory easement established by section 9 of the Sale Legislation and section 28 of the Sale Legislation provides:

(A)         “(1) The creation of the statutory easement under this Act, or the grant of a pipeline lease, does not affect any native title that may exist in the land to which the easement or lease relates.

(B)         (2)  The statutory easement or a pipeline lease under this Act does not derogate from pre-existing rights of Aboriginal people to enter, travel across or stay on land subject to the easement or lease.”;

(iii)     the statutory easement entitles Epic, inter alia, to install, maintain and operate the pipeline and to carry out authorised purposes including the installation, operation, inspection, extension, alteration, repair and removal of the pipeline or associated equipment and the carrying out of maintenance work on the pipeline or associated equipment;

(iv)     for Epic, its employees, agents and contractors (or any of them) to enter the Determination Area to access Epic’s rights and interests and to do all things necessary to exercise those rights and interests and perform all obligations in the vicinity of the Determination Area in performance of their duties;

(j)      the rights and interests of the “Producers” as defined in the Cooper Basin (Ratification) Act 1975 (SA):

(i)      as holders of Pipeline Licence No. 2 (PL2) granted to the Producers on 26 November 1981 under the Petroleum Act 1940 (SA) and renewed on 3 May 2003 under the Petroleum Act 2000 (SA) and continuing in force by the operation of clause 2 of the Schedule to the Petroleum Act 2000 (SA);

(ii)      created pursuant to the Stoney Point (Liquids Project) Ratification Act 1981 (SA);

(iii)     granted to the Producers pursuant to the former PASA (now NGASA) and the Producers’ Right of Way Agreement dated 26 November 1981;

(iv)     for the Producers’ employees, agents or contractors to enter the Determination Area to access the Producers’ rights and interests and to do all things necessary to exercise those rights and interests in the vicinity of the Determination Area in performance of their duties;

(k)     the rights and interests of Perilya Freehold Mining Pty Ltd as holders of Mining Leases 4114, 4368, 4369, 4370, 4371 and 5631, Retention Leases 5, 6 and 7, and Miscellaneous Purposes Licences 38 and 85 and the rights and interests of Perilya Ltd and Minotaur Operations Pty Ltd as holders of Mining Lease 4386 to the extent that these lie within the Determination Area and continue in operation.

13.     Native title rights and interests do not exist in respect of those parts of the Determination Area being any house, shed or other building or airstrip or any dam or other stock watering point constructed pursuant to the pastoral leases referred to in Schedule 5.  These areas comprise the land on which the improvements of the kind referred to herein have been constructed prior to the date hereof and include any adjacent land or waters the exclusive use of which is necessary for the enjoyment of the improvements referred to.

14.     For the avoidance of doubt, Paragraph 13 does not preclude the possibility of further extinguishment, according to law, of native title over other limited parts of the Determination Area by reason of the construction of new pastoral improvements of the kind referred to in Paragraph 13 after the date of this determination.

15.     Subject to Paragraph 16, the relationship between the native title rights and interests in the Determination Area that are described in Paragraph 7 and the other rights and interests that are referred to in Paragraph 12 (“the other rights and interests”) is that:

(a)     the other rights and interests co-exist with the native title rights and interests;

(b)     in the event of inconsistency, 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;

(c)     the existence of the native title rights and interests does not prevent the doing of any activity required or permitted to be done by, in accordance with or under the other rights and interests;

(d)     in the Schedule 3 Areas, the native title rights and interests continue to exist but have no effect in relation to the Vesting.

16.     For the avoidance of doubt, the relationship between the Aboriginal-held interests listed in Schedule 4 and the native title rights and interests in the Determination Area that are described in Paragraphs 7 and 9 is governed by the non-extinguishment principle as defined in section 238 of the Native Title Act.

17.     Native title rights and interests do not exist in:

(a)     minerals as defined in section 6 of the Mining Act 1971 (SA); or

(b)     petroleum; or

(c)     a naturally occurring underground accumulation of a regulated substance, other than petroleum; or

(d)     a natural reservoir.

For the purposes of this Paragraph 17 and the avoidance of doubt:

(i)      a geological structure (in whole or part) on or at the earth’s surface or a natural cavity which can be accessed or entered by a person through a natural opening in the earth’s surface is not a natural reservoir;

(ii)      “geothermal energy”, “petroleum”, “regulated substance” and “natural reservoir” mean those terms as defined in section 4 of the Petroleum Act 2000 (SA);

(iii)     the absence from this Order of any reference to a source of geothermal energy is not of itself to be taken as an indication of the existence or otherwise of native title rights and interests in a source of geothermal energy.

18.     Native title rights do not exist in the areas covered by public works attributable to the State or Commonwealth (including the land defined in section 251D of the Native Title Act) which were constructed, established or situated prior to 23 December 1996 or commenced to be constructed or established on or before that date.  

19.     Public works constructed, established or situated after 23 December 1996 have had such effect on native title rights and interests as has resulted from Part 2 Division 3 of the Native Title Act.

AND THE COURT MAKES THE FOLLOWING FURTHER ORDERS:         

20.     The native title is not to be held in trust.

21.     Within six months of the date of this Order, a representative of the Native Title Holders is to file and serve a notice nominating:

(a)     Adnyamathanha Traditional Lands Association (Aboriginal Corporation) (subject to appropriate amendments being made to its Constitution to enable it to fulfil the role of a prescribed body corporate); or

(b)     an alternative Aboriginal and Torres Strait Islander corporation, the Constitution of which enables it to fulfil the role of a prescribed body corporate;

to be the prescribed body corporate for the purposes of section 57(2) of the Native Title Act and include with that notice the written consent of the body corporate. 

22.     Subject to further order, if a prescribed body corporate is nominated in accordance with Paragraph 21 there will, without the need for a further Order, be a determination that the prescribed body corporate so nominated is:

(a)     to be the prescribed body corporate for the purposes of section 57(2) of the Native Title Act; and

(b)     to perform the functions referred to in section 57(3) of the Native Title Act.

23.     If no nomination is made in accordance with Paragraph 21 within the period specified, or any further period the Court may order, the matter is to be listed for further directions.

24.     The parties have liberty to apply on 14 days notice to a single Judge of the Court for the following purposes:

(a)     to establish the precise location and boundaries of the public works and adjacent land and waters referred to in Paragraphs 18 and 19 of this Order; or

(b)     to establish the effect on native title rights and interests of any public works referred to in Paragraph 19 of this Order; or

(c)     to determine whether any particular area is included in the description in Paragraph 13 or Schedule 2 of this Order; or

(d)     to determine whether any proposed act relating to underground water (as defined in the Natural Resources Management Act 2004 (SA)) may affect the native title rights and interests in natural water; or

(e)     to determine the extent to which native title rights and interests exist in underground water under land in which the relevant party or a related corporation has an interest (as defined in the Native Title Act).


Note:    Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
The text of entered orders can be located using eSearch on the Court’s website.


SCHEDULE 1 – Description and Map of the Determination Area

 

The land within the boundary formed by the line commencing at the south-eastern corner of Frome Downs Pastoral Lease; thence westerly along the southern boundaries of Frome Downs, Erudina and Martins Well Pastoral Leases to the eastern boundary of Saltia Pastoral Lease (Block 998); southerly along the eastern boundaries of Saltia (Block 998), Willippa and Bibliando Pastoral Leases; south-westerly and north-westerly along the southern boundaries of Bibliando and Holowilena Pastoral Leases to the eastern boundary of the Hundred of Adams; northerly along the eastern boundaries of the Hundreds of Adams and Warcowie to the northern boundary of Black Hill Pastoral Lease; north-easterly along the northern boundary of Black Hill Pastoral Lease; northerly along the western boundary of Willippa Pastoral Lease; north-westerly along the western boundary of Saltia Pastoral Lease (Section 14, Hundred of French); north-westerly along the southern boundary of Mt Havelock Pastoral Lease; north-westerly along the western boundaries of Prelinna and Mannawarra Pastoral Leases to the Flinders Ranges National Park; north-easterly along the eastern boundary of the Flinders Ranges National Park; westerly along the northern boundary of the Flinders Ranges National Park to the western boundary of Werta Pastoral Lease; north-westerly along the western boundaries of Werta and Alpana Pastoral Leases; westerly along the southern boundaries of Mt Falkland and Motpena Pastoral Leases to the eastern boundary of Motpena Pastoral Lease; southerly along the eastern boundaries of Motpena and Wintabatinyana Pastoral Leases to the south-eastern corner of Wintabatinyana Pastoral Lease; westerly along a southern boundary of Wintabatinyana Pastoral Lease to the northerly production of the eastern boundary of Lake Torrens Pastoral Lease; southerly along an eastern boundary of Wintabatinyana Pastoral Lease and the eastern boundary of Lake Torrens Pastoral Lease to a northern boundary of Wallerberdina Pastoral Lease; generally easterly, south-easterly, north-easterly and easterly along the northern, north-eastern, north-western and northern boundaries of Wallerberdina Pastoral Lease to the western boundary of the Hundred of Woolyana; southerly along the eastern boundary of Wallerberdina Pastoral Lease to the north-eastern corner of the Hundred of Barndioota; westerly along the northern boundary of the Hundred of Barndioota to the north-western corner of the Hundred of Barndioota; southerly along the western boundary of the Hundred of Barndioota to the southern boundary of Wallerberdina Pastoral Lease; westerly along the southern boundary of Wallerberdina Pastoral Lease to the south-western corner of Wallerberdina Pastoral Lease; northerly along the western boundary of Wallerberdina Pastoral Lease to the southern boundary of Lake Torrens Pastoral Lease; westerly along the southern boundary of Lake Torrens Pastoral Lease to the north-western corner of the Hundred of Warrakimbo; southerly along the western boundary of the Hundred of Warrakimbo to the Adnyamathanha No.1 Native Title Claim (SAD6001/98) boundary; south-westerly and generally northerly and north-easterly along the Adnyamathanha No.1 Native Title Claim (SAD6001/98) boundary to the intersection of the Dieri No.1 Native Title Claim boundary; easterly along the Dieri No.1 Native Title Claim boundary to the intersection of the Dieri No.2 Native Title Claim boundary; easterly along the Dieri No.2 Native Title Claim boundary to a northern boundary of Mount Lyndhurst Pastoral Lease; generally easterly along the northern boundaries of Mount Lyndhurst, Mount Freeling and Moolawatana Pastoral Leases; easterly, northerly, easterly, south-easterly and southerly along the northern and eastern boundaries of Woolatchi Pastoral Lease; generally southerly along the eastern boundaries of Moolawatana and Wooltana Pastoral Leases; generally southerly along the eastern boundary of Lake Frome Regional Reserve to the northern boundary of Frome Downs Pastoral Lease; easterly and southerly along the northern and eastern boundaries of Frome Downs Pastoral Lease to the point of commencement;

                                                                                                                     

1.         Inclusive of the land defined in Appendix 1 (located outside of the boundary described above).


2.         Exclusive of the land defined in Appendix 2 (located within the boundary described above).


APPENDIX 1


The following parcels of land are included in the Determination Area, although they are not within the boundary described above.


Sections 85 and 122, Hundred of Parachilna.


Sections 1527 and 1528, Out of Hundreds (Parachilna).


Section 164, Hundred of Edeowie.


Sections 163, 190 and 191, Hundred of Bunyeroo.

APPENDIX 2


The following parcels of land are within the area covered by the boundary described above, but are excluded from the Determination Area.


1.         For the avoidance of doubt, the Native Title Determination Application excludes Vulkathunha – Gammon Ranges National Park and the Park is therefore not included in the Determination Area.


2.         The following individual parcels are excluded from the Determination Area:


Out of Hundreds (Copley)

 

Sections 129, 404, 405, 444, 491, 519, 520, 521, 527, 529, 542, 790, 1049, 1051, 1075, 1076 and 1077,

Allotment comprising Pieces 1, 2, 3, 4, 5 and 6 in Deposited Plan 44831,

Allotment comprising Pieces 9 and 10 in Deposited Plan 44831,

Allotment 7 in Deposited Plan 44831,

Allotment 207 in Filed Plan 43315,

Allotment 100 in Deposited Plan 41354,

Allotments 2011, 2012, 2013 and 2017 in Deposited Plan 34087,

            Hundred of Carr

Sections 360, 361, 362, 363, 364, 365, 367, 368, 369, 371, 373, 376 and 377.

Out of Hundreds (Marree)

Sections 543, 544 and 545.

Hundred of Nilpena

Section 37.

 

3.         Town of Beltana and Land Adjacent and Suburban to Beltana.


For the purposes of this determination, the land excluded is shown in the table below:



Plan Type

Plan No

Parcel Type

Parcel No

Hundred Name

H

833900

S

524

OH(COPLEY)

H

833900

S

974

OH(COPLEY)

H

833900

S

1055

OH(COPLEY)

H

833900

S

525

OH(COPLEY)

H

833900

S

973

OH(COPLEY)

H

833900

S

977

OH(COPLEY)

H

833900

S

976

OH(COPLEY)

H

833900

S

975

OH(COPLEY)

H

833900

S

684

OH(COPLEY)

H

833900

S

972

OH(COPLEY)

H

833900

S

523

OH(COPLEY)

T

833901

A

10

OH(COPLEY)

T

833901

A

15

OH(COPLEY)

T

833901

A

19

OH(COPLEY)

T

833901

A

28

OH(COPLEY)

T

833901

A

30

OH(COPLEY)

T

833901

A

44

OH(COPLEY)

T

833901

A

63

OH(COPLEY)

T

833901

A

105

OH(COPLEY)

T

833901

A

104

OH(COPLEY)

F

199252

A

358

OH(COPLEY)

T

833901

A

110

OH(COPLEY)

T

833901

A

113

OH(COPLEY)

T

833901

A

5

OH(COPLEY)

T

833901

A

43

OH(COPLEY)

T

833901

A

50

OH(COPLEY)

T

833901

A

53

OH(COPLEY)

F

213223

Q

92

OH(COPLEY)

F

199250

A

356

OH(COPLEY)

T

833901

A

60

OH(COPLEY)

T

833901

A

65

OH(COPLEY)

T

833901

A

67

OH(COPLEY)

T

833901

A

77

OH(COPLEY)

T

833901

A

84

OH(COPLEY)

T

833901

A

103

OH(COPLEY)

T

833901

A

106

OH(COPLEY)

T

833901

A

107

OH(COPLEY)

T

833901

A

114

OH(COPLEY)

T

833901

A

14

OH(COPLEY)

T

833901

A

17

OH(COPLEY)

T

833901

A

20

OH(COPLEY)

T

833901

A

29

OH(COPLEY)

T

833901

A

36

OH(COPLEY)

F

213223

Q

93

OH(COPLEY)

T

833901

A

62

OH(COPLEY)

T

833901

A

72

OH(COPLEY)

T

833901

A

80

OH(COPLEY)

T

833901

A

101

OH(COPLEY)

T

833901

A

109

OH(COPLEY)

T

833901

A

115

OH(COPLEY)

T

833901

A

82

OH(COPLEY)

T

833901

A

83

OH(COPLEY)

T

833901

A

89

OH(COPLEY)

T

833901

A

7

OH(COPLEY)

T

833901

A

8

OH(COPLEY)

T

833901

A

9

OH(COPLEY)

T

833901

A

11

OH(COPLEY)

F

199246

A

352

OH(COPLEY)

T

833901

A

116

OH(COPLEY)

T

833901

A

21

OH(COPLEY)

T

833901

A

23

OH(COPLEY)

T

833901

A

37

OH(COPLEY)

T

833901

A

38

OH(COPLEY)

T

833901

A

39

OH(COPLEY)

F

199248

A

354

OH(COPLEY)

F

199249

A

355

OH(COPLEY)

T

833901

A

47

OH(COPLEY)

T

833901

A

57

OH(COPLEY)

T

833901

A

78

OH(COPLEY)

F

199251

A

357

OH(COPLEY)

F

199244

A

350

OH(COPLEY)

T

833901

A

6

OH(COPLEY)

T

833901

A

13

OH(COPLEY)

F

199247

A

353

OH(COPLEY)

T

833901

A

27

OH(COPLEY)

T

833901

A

33

OH(COPLEY)

T

833901

A

40

OH(COPLEY)

T

833901

A

46

OH(COPLEY)

T

833901

A

54

OH(COPLEY)

T

833901

A

61

OH(COPLEY)

T

833901

A

76

OH(COPLEY)

T

833901

A

85

OH(COPLEY)

T

833901

A

86

OH(COPLEY)

T

833901

A

88

OH(COPLEY)

T

833901

A

90

OH(COPLEY)

T

833901

A

97

OH(COPLEY)

T

833901

A

99

OH(COPLEY)

T

833901

A

100

OH(COPLEY)

T

833901

A

102

OH(COPLEY)

T

833901

A

108

OH(COPLEY)

T

833901

A

22

OH(COPLEY)

T

833901

A

24

OH(COPLEY)

T

833901

A

26

OH(COPLEY)

T

833901

A

32

OH(COPLEY)

T

833901

A

34

OH(COPLEY)

T

833901

A

49

OH(COPLEY)

T

833901

A

52

OH(COPLEY)

T

833901

A

68

OH(COPLEY)

T

833901

A

75

OH(COPLEY)

T

833901

A

91

OH(COPLEY)

T

833901

A

93

OH(COPLEY)

F

199245

A

351

OH(COPLEY)

F

199253

A

359

OH(COPLEY)

T

833901

A

92

OH(COPLEY)

T

833901

A

94

OH(COPLEY)

T

833901

A

95

OH(COPLEY)

T

833901

A

96

OH(COPLEY)

F

199258

A

364

OH(COPLEY)

T

833901

A

112

OH(COPLEY)

T

833901

A

1

OH(COPLEY)

T

833901

A

16

OH(COPLEY)

T

833901

A

45

OH(COPLEY)

T

833901

A

64

OH(COPLEY)

T

833901

A

69

OH(COPLEY)

T

833901

A

3

OH(COPLEY)

F

216208

A

117

OH(COPLEY)

T

833901

A

4

OH(COPLEY)

T

833901

A

12

OH(COPLEY)

T

833901

A

25

OH(COPLEY)

T

833901

A

31

OH(COPLEY)

T

833901

A

35

OH(COPLEY)

T

833901

A

41

OH(COPLEY)

T

833901

A

48

OH(COPLEY)

T

833901

A

51

OH(COPLEY)

T

833901

A

58

OH(COPLEY)

T

833901

A

59

OH(COPLEY)

T

833901

A

66

OH(COPLEY)

T

833901

A

70

OH(COPLEY)

T

833901

A

71

OH(COPLEY)

T

833901

A

73

OH(COPLEY)

T

833901

A

74

OH(COPLEY)

F

199254

A

360

OH(COPLEY)

T

833901

A

87

OH(COPLEY)

F

199255

A

361

OH(COPLEY)

F

199256

A

362

OH(COPLEY)

F

199257

A

363

OH(COPLEY)

F

36653

A

10

OH(COPLEY)

F

36653

A

12

OH(COPLEY)

F

36653

A

43

OH(COPLEY)

F

36653

A

59

OH(COPLEY)

F

36653

A

65

OH(COPLEY)

F

36653

A

66

OH(COPLEY)

F

36653

A

91

OH(COPLEY)

F

36653

A

95

OH(COPLEY)

F

36653

A

80

OH(COPLEY)

F

36653

A

114

OH(COPLEY)

F

36653

A

8

OH(COPLEY)

F

36653

A

17

OH(COPLEY)

F

36653

A

20

OH(COPLEY)

F

36653

A

45

OH(COPLEY)

F

36653

A

89

OH(COPLEY)

F

36653

A

94

OH(COPLEY)

F

36653

A

83

OH(COPLEY)

F

36653

A

126

OH(COPLEY)

F

36653

A

127

OH(COPLEY)

F

36653

A

116

OH(COPLEY)

F

36653

A

79

OH(COPLEY)

F

36653

A

108

OH(COPLEY)

F

36653

A

109

OH(COPLEY)

F

36653

A

93

OH(COPLEY)

F

36653

A

92

OH(COPLEY)

F

36653

A

18

OH(COPLEY)

F

36653

A

48

OH(COPLEY)

F

36653

A

49

OH(COPLEY)

F

36653

A

70

OH(COPLEY)

F

36653

A

86

OH(COPLEY)

F

36653

A

125

OH(COPLEY)

F

36653

A

123

OH(COPLEY)

F

36653

A

110

OH(COPLEY)

F

36653

A

112

OH(COPLEY)

F

36653

A

19

OH(COPLEY)

F

36653

A

40

OH(COPLEY)

F

36653

A

134

OH(COPLEY)

F

36653

A

30

OH(COPLEY)

F

36653

A

67

OH(COPLEY)

F

36653

A

68

OH(COPLEY)

F

36653

A

72

OH(COPLEY)

F

36653

A

85

OH(COPLEY)

F

36653

A

96

OH(COPLEY)

F

36653

A

97

OH(COPLEY)

F

36653

A

99

OH(COPLEY)

F

36653

A

122

OH(COPLEY)

F

36653

A

136

OH(COPLEY)

F

36653

A

81

OH(COPLEY)

F

36653

A

111

OH(COPLEY)

F

36653

A

39

OH(COPLEY)

F

36653

A

50

OH(COPLEY)

F

36653

A

60

OH(COPLEY)

F

36653

A

62

OH(COPLEY)

F

36653

A

69

OH(COPLEY)

F

36653

A

78

OH(COPLEY)

F

36653

A

131

OH(COPLEY)

F

36653

A

84

OH(COPLEY)

F

36653

A

106

OH(COPLEY)

F

36653

A

107

OH(COPLEY)

F

36653

A

117

OH(COPLEY)

F

36653

A

118

OH(COPLEY)

F

36653

A

9

OH(COPLEY)

F

36653

A

11

OH(COPLEY)

F

36653

A

21

OH(COPLEY)

F

36653

A

44

OH(COPLEY)

F

36653

A

47

OH(COPLEY)

F

36653

A

14

OH(COPLEY)

F

36653

A

42

OH(COPLEY)

F

36653

A

46

OH(COPLEY)

F

36653

A

87

OH(COPLEY)

F

36653

A

130

OH(COPLEY)

F

36653

A

124

OH(COPLEY)

F

36653

A

102

OH(COPLEY)

F

36653

A

103

OH(COPLEY)

F

36653

A

104

OH(COPLEY)

F

36653

A

105

OH(COPLEY)

F

36653

A

77

OH(COPLEY)

F

36653

A

88

OH(COPLEY)

F

36653

A

129

OH(COPLEY)

F

36653

A

135

OH(COPLEY)

F

36653

A

98

OH(COPLEY)

F

36653

A

15

OH(COPLEY)

F

36653

A

22

OH(COPLEY)

F

36653

A

38

OH(COPLEY)

F

36653

A

73

OH(COPLEY)

F

36653

A

74

OH(COPLEY)

F

36653

A

75

OH(COPLEY)

F

36653

A

76

OH(COPLEY)

F

36653

A

113

OH(COPLEY)

F

36653

A

115

OH(COPLEY)

F

36653

A

16

OH(COPLEY)

F

36653

A

41

OH(COPLEY)

F

36653

A

57

OH(COPLEY)

F

36653

A

58

OH(COPLEY)

F

36653

A

56

OH(COPLEY)

F

36653

A

61

OH(COPLEY)

F

36653

A

64

OH(COPLEY)

F

36653

A

71

OH(COPLEY)

F

36653

A

90

OH(COPLEY)

F

36653

A

128

OH(COPLEY)

F

36653

A

100

OH(COPLEY)

F

36653

A

120

OH(COPLEY)

F

36653

A

119

OH(COPLEY)





4.         Towns of Cadnia (Plan Number 833902) and Cadnia East (Plan Number 833903) and Land Adjacent to Cadnia East.


For the purposes of this determination, the land excluded is shown in the table below:



Plan Type

Plan No

Parcel Type

Parcel No

Hundred Name

H

833900

S

1042

OH(COPLEY)

H

833900

S

1043

OH(COPLEY)

H

833900

S

709

OH(COPLEY)

H

833900

S

123

OH(COPLEY)

T

833903

A

67

OH(COPLEY)

T

833903

A

70

OH(COPLEY)

T

833903

A

71

OH(COPLEY)

T

833903

A

77

OH(COPLEY)

T

833903

A

86

OH(COPLEY)

T

833903

A

89

OH(COPLEY)

T

833903

A

92

OH(COPLEY)

T

833903

A

94

OH(COPLEY)

T

833903

A

103

OH(COPLEY)

T

833903

A

108

OH(COPLEY)

T

833903

A

110

OH(COPLEY)

T

833903

A

114

OH(COPLEY)

T

833903

A

118

OH(COPLEY)

T

833903

A

123

OH(COPLEY)

T

833903

A

166

OH(COPLEY)

T

833903

A

167

OH(COPLEY)

T

833903

A

168

OH(COPLEY)

T

833903

A

109

OH(COPLEY)

T

833903

A

113

OH(COPLEY)

T

833903

A

119

OH(COPLEY)

T

833903

A

131

OH(COPLEY)

T

833903

A

137

OH(COPLEY)

T

833903

A

145

OH(COPLEY)

T

833903

A

59

OH(COPLEY)

T

833903

A

63

OH(COPLEY)

T

833903

A

69

OH(COPLEY)

T

833903

A

74

OH(COPLEY)

T

833903

A

84

OH(COPLEY)

T

833903

A

88

OH(COPLEY)

T

833903

A

107

OH(COPLEY)

T

833903

A

111

OH(COPLEY)

T

833903

A

128

OH(COPLEY)

T

833903

A

129

OH(COPLEY)

T

833903

A

62

OH(COPLEY)

T

833903

A

75

OH(COPLEY)

T

833903

A

85

OH(COPLEY)

T

833903

A

101

OH(COPLEY)

T

833903

A

117

OH(COPLEY)

T

833903

A

121

OH(COPLEY)

T

833903

A

124

OH(COPLEY)

T

833903

A

153

OH(COPLEY)

T

833903

A

159

OH(COPLEY)

T

833903

A

161

OH(COPLEY)

T

833903

A

164

OH(COPLEY)

T

833903

A

133

OH(COPLEY)

T

833903

A

160

OH(COPLEY)

T

833903

A

78

OH(COPLEY)

T

833903

A

79

OH(COPLEY)

T

833903

A

83

OH(COPLEY)

T

833903

A

87

OH(COPLEY)

T

833903

A

95

OH(COPLEY)

T

833903

A

96

OH(COPLEY)

T

833903

A

97

OH(COPLEY)

T

833903

A

100

OH(COPLEY)

T

833903

A

112

OH(COPLEY)

T

833903

A

115

OH(COPLEY)

T

833903

A

136

OH(COPLEY)

T

833903

A

140

OH(COPLEY)

T

833903

A

141

OH(COPLEY)

T

833903

A

154

OH(COPLEY)

T

833903

A

155

OH(COPLEY)

T

833903

A

163

OH(COPLEY)

T

833903

A

60

OH(COPLEY)

T

833903

A

61

OH(COPLEY)

T

833903

A

65

OH(COPLEY)

T

833903

A

68

OH(COPLEY)

T

833903

A

91

OH(COPLEY)

T

833903

A

149

OH(COPLEY)

T

833903

A

150

OH(COPLEY)

T

833903

A

151

OH(COPLEY)

T

833903

A

162

OH(COPLEY)

T

833903

A

102

OH(COPLEY)

T

833903

A

104

OH(COPLEY)

T

833903

A

125

OH(COPLEY)

T

833903

A

132

OH(COPLEY)

T

833903

A

144

OH(COPLEY)

T

833903

A

146

OH(COPLEY)

T

833903

A

147

OH(COPLEY)

T

833903

A

76

OH(COPLEY)

T

833903

A

80

OH(COPLEY)

T

833903

A

81

OH(COPLEY)

T

833903

A

90

OH(COPLEY)

T

833903

A

93

OH(COPLEY)

T

833903

A

98

OH(COPLEY)

T

833903

A

106

OH(COPLEY)

T

833903

A

116

OH(COPLEY)

T

833903

A

120

OH(COPLEY)

T

833903

A

122

OH(COPLEY)

T

833903

A

127

OH(COPLEY)

T

833903

A

134

OH(COPLEY)

T

833903

A

135

OH(COPLEY)

T

833903

A

139

OH(COPLEY)

T

833903

A

142

OH(COPLEY)

T

833903

A

157

OH(COPLEY)

T

833903

A

130

OH(COPLEY)

T

833903

A

138

OH(COPLEY)

T

833903

A

143

OH(COPLEY)

T

833903

A

148

OH(COPLEY)

T

833903

A

152

OH(COPLEY)

T

833903

A

156

OH(COPLEY)

T

833903

A

158

OH(COPLEY)

T

833903

A

165

OH(COPLEY)

T

833903

A

169

OH(COPLEY)

T

833903

A

72

OH(COPLEY)

T

833903

A

82

OH(COPLEY)

T

833903

A

99

OH(COPLEY)

T

833903

A

105

OH(COPLEY)

T

833903

A

126

OH(COPLEY)

T

833903

A

64

OH(COPLEY)

T

833903

A

66

OH(COPLEY)

T

833903

A

73

OH(COPLEY)

T

833902

A

2

OH(COPLEY)

T

833902

A

33

OH(COPLEY)

T

833902

A

39

OH(COPLEY)

T

833902

A

48

OH(COPLEY)

T

833902

A

55

OH(COPLEY)

F

213720

A

101

OH(COPLEY)

T

833902

A

9

OH(COPLEY)

F

199262

A

368

OH(COPLEY)

T

833902

A

26

OH(COPLEY)

T

833902

A

43

OH(COPLEY)

T

833902

A

52

OH(COPLEY)

T

833902

A

53

OH(COPLEY)

T

833902

A

54

OH(COPLEY)

T

833902

A

13

OH(COPLEY)

F

213725

A

116

OH(COPLEY)

T

833902

A

3

OH(COPLEY)

T

833902

A

14

OH(COPLEY)

F

199263

A

369

OH(COPLEY)

T

833902

A

28

OH(COPLEY)

T

833902

A

38

OH(COPLEY)

F

213727

A

91

OH(COPLEY)

T

833902

A

51

OH(COPLEY)

F

199267

A

373

OH(COPLEY)

F

199266

A

372

OH(COPLEY)

F

213727

Q

92

OH(COPLEY)

T

833902

A

7

OH(COPLEY)

T

833902

A

11

OH(COPLEY)

F

199261

A

367

OH(COPLEY)

T

833902

A

29

OH(COPLEY)

T

833902

A

30

OH(COPLEY)

T

833902

A

44

OH(COPLEY)

T

833902

A

58

OH(COPLEY)

T

833902

A

59

OH(COPLEY)

F

199268

A

374

OH(COPLEY)

T

833902

A

4

OH(COPLEY)

T

833902

A

5

OH(COPLEY)

T

833902

A

15

OH(COPLEY)

F

199259

A

365

OH(COPLEY)

T

833902

A

40

OH(COPLEY)

T

833902

A

49

OH(COPLEY)

T

833902

A

50

OH(COPLEY)

T

833902

A

56

OH(COPLEY)

T

833902

A

12

OH(COPLEY)

T

833902

A

10

OH(COPLEY)

F

199265

A

371

OH(COPLEY)

T

833902

A

31

OH(COPLEY)

T

833902

A

32

OH(COPLEY)

F

213727

Q

93

OH(COPLEY)

T

833902

A

57

OH(COPLEY)

T

833902

A

1

OH(COPLEY)

T

833902

A

6

OH(COPLEY)

F

199260

A

366

OH(COPLEY)

F

199264

A

370

OH(COPLEY)

T

833902

A

34

OH(COPLEY)

T

833902

A

35

OH(COPLEY)

T

833902

A

36

OH(COPLEY)

T

833902

A

37

OH(COPLEY)

T

833902

A

46

OH(COPLEY)

T

833902

A

47

OH(COPLEY)

T

833902

A

8

OH(COPLEY)

T

833902

A

21

OH(COPLEY)

T

833902

A

25

OH(COPLEY)

T

833902

A

45

OH(COPLEY)



5.         Town of Farina and Land Adjacent and Suburban to Farina.


For the purposes of this determination, the land excluded is shown in the table below:

 


Plan Type

Plan No

Parcel Type

Parcel No

Hundred Name

H

833900

S

981

OH(COPLEY)

H

833900

S

126

OH(COPLEY)

H

833900

S

979

OH(COPLEY)

H

833900

S

1057

OH(COPLEY)

H

833900

S

980

OH(COPLEY)

T

833905

A

1

OH(COPLEY)

T

833905

A

9

OH(COPLEY)

T

833905

A

12

OH(COPLEY)

T

833905

A

15

OH(COPLEY)

T

833905

A

18

OH(COPLEY)

T

833905

A

19

OH(COPLEY)

T

833905

A

28

OH(COPLEY)

T

833905

A

43

OH(COPLEY)

T

833905

A

45

OH(COPLEY)

T

833905

A

69

OH(COPLEY)

T

833905

A

89

OH(COPLEY)

T

833905

A

91

OH(COPLEY)

T

833905

A

105

OH(COPLEY)

T

833905

A

110

OH(COPLEY)

T

833905

A

127

OH(COPLEY)

T

833905

A

131

OH(COPLEY)

T

833905

A

135

OH(COPLEY)

T

833905

A

139

OH(COPLEY)

T

833905

A

142

OH(COPLEY)

T

833905

A

154

OH(COPLEY)

T

833905

A

174

OH(COPLEY)

T

833905

A

178

OH(COPLEY)

T

833905

A

179

OH(COPLEY)

T

833905

A

184

OH(COPLEY)

T

833905

A

198

OH(COPLEY)

T

833905

A

208

OH(COPLEY)

T

833905

A

231

OH(COPLEY)

T

833905

A

238

OH(COPLEY)

T

833905

A

245

OH(COPLEY)

T

833905

A

248

OH(COPLEY)

T

833905

A

255

OH(COPLEY)

T

833905

A

256

OH(COPLEY)

T

833905

A

284

OH(COPLEY)

T

833905

A

291

OH(COPLEY)

T

833905

A

302

OH(COPLEY)

F

199271

A

377

OH(COPLEY)

F

199272

A

378

OH(COPLEY)

T

833905

A

331

OH(COPLEY)

T

833905

A

339

OH(COPLEY)

T

833905

A

341

OH(COPLEY)

T

833905

A

433

OH(COPLEY)

T

833905

A

345

OH(COPLEY)

T

833905

A

346

OH(COPLEY)

T

833905

A

347

OH(COPLEY)

T

833905

A

350

OH(COPLEY)

T

833905

A

352

OH(COPLEY)

T

833905

A

355

OH(COPLEY)

T

833905

A

359

OH(COPLEY)

T

833905

A

383

OH(COPLEY)

T

833905

A

389

OH(COPLEY)

T

833905

A

426

OH(COPLEY)

T

833905

A

428

OH(COPLEY)

T

833905

A

432

OH(COPLEY)

T

833905

A

126

OH(COPLEY)

T

833905

A

147

OH(COPLEY)

T

833905

A

148

OH(COPLEY)

T

833905

A

155

OH(COPLEY)

T

833905

A

163

OH(COPLEY)

T

833905

A

166

OH(COPLEY)

T

833905

A

187

OH(COPLEY)

T

833905

A

201

OH(COPLEY)

T

833905

A

210

OH(COPLEY)

T

833905

A

214

OH(COPLEY)

T

833905

A

215

OH(COPLEY)

T

833905

A

216

OH(COPLEY)

T

833905

A

221

OH(COPLEY)

T

833905

A

226

OH(COPLEY)

T

833905

A

232

OH(COPLEY)

T

833905

A

240

OH(COPLEY)

T

833905

A

246

OH(COPLEY)

T

833905

A

247

OH(COPLEY)

T

833905

A

259

OH(COPLEY)

T

833905

A

275

OH(COPLEY)

T

833905

A

276

OH(COPLEY)

T

833905

A

287

OH(COPLEY)

T

833905

A

289

OH(COPLEY)

T

833905

A

294

OH(COPLEY)

T

833905

A

303

OH(COPLEY)

T

833905

A

307

OH(COPLEY)

T

833905

A

314

OH(COPLEY)

T

833905

A

32

OH(COPLEY)

T

833905

A

40

OH(COPLEY)

T

833905

A

48

OH(COPLEY)

T

833905

A

52

OH(COPLEY)

T

833905

A

84

OH(COPLEY)

T

833905

A

85

OH(COPLEY)

T

833905

A

87

OH(COPLEY)

T

833905

A

129

OH(COPLEY)

T

833905

A

130

OH(COPLEY)

T

833905

A

133

OH(COPLEY)

T

833905

A

136

OH(COPLEY)

T

833905

A

144

OH(COPLEY)

T

833905

A

157

OH(COPLEY)

T

833905

A

315

OH(COPLEY)

F

199273

A

379

OH(COPLEY)

T

833905

A

340

OH(COPLEY)

T

833905

A

11

OH(COPLEY)

T

833905

A

17

OH(COPLEY)

T

833905

A

23

OH(COPLEY)

T

833905

A

24

OH(COPLEY)

T

833905

A

26

OH(COPLEY)

T

833905

A

27

OH(COPLEY)

T

833905

A

29

OH(COPLEY)

T

833905

A

30

OH(COPLEY)

T

833905

A

39

OH(COPLEY)

T

833905

A

51

OH(COPLEY)

T

833905

A

55

OH(COPLEY)

T

833905

A

62

OH(COPLEY)

T

833905

A

64

OH(COPLEY)

T

833905

A

68

OH(COPLEY)

T

833905

A

74

OH(COPLEY)

T

833905

A

75

OH(COPLEY)

T

833905

A

76

OH(COPLEY)

T

833905

A

88

OH(COPLEY)

T

833905

A

92

OH(COPLEY)

T

833905

A

104

OH(COPLEY)

T

833905

A

106

OH(COPLEY)

T

833905

A

109

OH(COPLEY)

T

833905

A

121

OH(COPLEY)

T

833905

A

372

OH(COPLEY)

T

833905

A

377

OH(COPLEY)

T

833905

A

378

OH(COPLEY)

T

833905

A

386

OH(COPLEY)

T

833905

A

390

OH(COPLEY)

T

833905

A

398

OH(COPLEY)

T

833905

A

401

OH(COPLEY)

T

833905

A

403

OH(COPLEY)

T

833905

A

404

OH(COPLEY)

T

833905

A

418

OH(COPLEY)

T

833905

A

422

OH(COPLEY)

T

833905

A

424

OH(COPLEY)

F

218565

A

14

OH(COPLEY)

T

833905

A

4

OH(COPLEY)

T

833905

A

5

OH(COPLEY)

T

833905

A

6

OH(COPLEY)

T

833905

A

13

OH(COPLEY)

T

833905

A

22

OH(COPLEY)

T

833905

A

35

OH(COPLEY)

T

833905

A

53

OH(COPLEY)

T

833905

A

57

OH(COPLEY)

T

833905

A

61

OH(COPLEY)

T

833905

A

79

OH(COPLEY)

T

833905

A

83

OH(COPLEY)

T

833905

A

86

OH(COPLEY)

T

833905

A

90

OH(COPLEY)

T

833905

A

98

OH(COPLEY)

T

833905

A

99

OH(COPLEY)

T

833905

A

119

OH(COPLEY)

T

833905

A

137

OH(COPLEY)

T

833905

A

145

OH(COPLEY)

T

833905

A

153

OH(COPLEY)

T

833905

A

156

OH(COPLEY)

T

833905

A

162

OH(COPLEY)

T

833905

A

177

OH(COPLEY)

T

833905

A

180

OH(COPLEY)

T

833905

A

181

OH(COPLEY)

T

833905

A

182

OH(COPLEY)

T

833905

A

191

OH(COPLEY)

T