Bandjalang People No 1 and No 2 v Attorney General of New South Wales [2013] FCA 1278

FEDERAL COURT OF AUSTRALIA

Citation:	Bandjalang People No 1 and No 2 v Attorney General of New South Wales [2013] FCA 1278

Parties:	BANDJALANG PEOPLE NO 1 v THE NSW ATTORNEY GENERAL AS THE STATE MINISTER FOR NEW SOUTH WALES AND OTHERS BANDJALANG PEOPLE NO 2 v THE NSW ATTORNEY GENERAL AS THE STATE MINISTER FOR NEW SOUTH WALES AND OTHERS

File numbers:	NSD 6034 of 1998 NSD 6107 of 1998

Judge:	JAGOT J

Date of judgment: Corrigendum:	2 December 2013 29 January 2014 17 February 2014

Catchwords:	NATIVE TITLE – consent determination

Legislation:	Corporations (Aboriginal and Torres Strait Islanders) Act 2006 (Cth) Federal Court of Australia Act 1976 (Cth) Native Title Act 1993 (Cth)

Cases cited:	King on behalf of The Eringa Native Title Claim Group v State of South Australia (2011) 285 ALR 454; [2011] FCA 1386 Lovett (on behalf of the Gunditjmara People) v Victoria [2007] FCA 474 Munn v Queensland (2001) 115 FCR 109; [2001] FCA 1229 Nangkiriny v State of Western Australia (2002) 117 FCR 6; [2002] FCA 660 Ward v Western Australia [2006] FCA 1848

Date of hearing:	2 December 2013

Place:	Evans Head

Division:	GENERAL DIVISION

Category:	Catchwords

Number of paragraphs:	23

Counsel for the Applicants:	S B Phillips

Solicitor for the Applicants:	NTS Corp

Counsel for the Respondent:	G Kennett SC with T Jowett

Solicitor for the Respondent:	NSW Crown Solicitor

FEDERAL COURT OF AUSTRALIA

Bandjalang People No 1 and No 2 v Attorney General of New South Wales [2013] FCA 1278

CORRIGENDUM

1 In the first sentence of paragraph 18, delete 1992 and insert in its place 2002.

I certify that the preceding one (1) numbered paragraph is a true copy of the Corrigendum to Reasons for Judgment herein of the Honourable Justice Jagot.

Associate:

Dated: 29 January 2014.

FEDERAL COURT OF AUSTRALIA

Bandjalang People No 1 and No 2 v Attorney General of New South Wales [2013] FCA 1278

CORRIGENDUM

1 Amended orders have been inserted as at 30 January 2014.

I certify that the preceding one (1) numbered paragraph is a true copy of the Corrigendum to Reasons for Judgment herein of the Honourable Justice Jagot.

Associate:

Dated: 17 February 2014.

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION	NSD 6034 of 1998 NSD 6107 of 1998

BETWEEN:

ANTHONY EDWARD WILSON and DOUGLAS STEVEN WILSON ON BEHALF OF BANDJALANG PEOPLE NO 1

Applicant

AND:

THE NSW ATTORNEY GENERAL AS THE STATE MINISTER FOR NEW SOUTH WALES AND OTHERS

Respondent

JUDGE:

JAGOT J

DATE OF ORDER:

2 DECEMBER 2013

WHERE MADE:

EVANS HEAD

(AMENDED PURSUANT TO R. 39.05)

BEING SATISFIED that a determination of native title in the terms sought by the parties is within the power of the Court, and it appearing appropriate to do so by consent of the parties and pursuant to ss. 87(4) and 94A of the Native Title Act 1993 (Cth) 1993,

THE COURT NOTES THAT:

A. It is the intention of the State of New South Wales and the Applicant without delay to enter into an Indigenous Land Use Agreement for the following purposes:

i. To establish regimes for the future management of the State Forests, National Parks, Crown reserves, the travelling stock reserves and the fisheries resource within the Consent Determination Area;

ii. To provide a regime for the undertaking of Future Acts in the Consent Determination Area; and

iii. To achieve a final settlement with the Bandjalang People for any past affect to their native title rights and interests.

A. The parties have agreed that the land within the claim area for the Proceedings that wasubject to an order under Regulation 54 of the National Security (General) Regulations be included within the Consent Determination Area.

B. The parties have also agreed that the NSW Attorney General may seek to vary the Consent Determination Area in accordance with s.13(1)(b) and (5) of the Native Title Act 1993 (Cth) in the event that the High Court decision (or a Full Federal Court decision in respect of which either special leave to appeal to the High Court is refused or is not sought) that an order under Regulation 54 of the National Security (General) Regulations wholly extinguishes any native title rights and interests by seeking to remove from the Consent Determination Area that part of the Consent Determination Area that was subject to an order made under Regulation 54.

C. Subject to paragraph E of these notations below, if the NSW Attorney General makes an application to seek a variation of the determination in accordance with paragraph C above, the parties agree to orders being made that provide for the application for variation to be served on the parties to the Proceeding, that any party wishing to respond to the application for variation shall, within 28 days of the service of the application, file a Notice of Address for Service, that any party who does not file a Notice of Address for Service within the stated 28 days shall no longer be a party to the application for variation, and that any party who files a Notice of Address for Service will consent to the application for variation being argued on the merits.

D. For the avoidance of doubt:

i. nothing in paragraph D above of these notations or otherwise prevents any party from opposing a variation to the determination on the basis of the merits of such application; and

ii. nothing in paragraphs C and D above of these notations or otherwise is or will be an admission by any of the parties that if a Full Federal Court or High Court decision of the nature referred to in those paragraphs is made, the NSW Attorney General will necessarily be entitled to a variation of the determination.

THE COURT ORDERS THAT:

1. There be a determination of native title in the terms set out below (the Determination).

2. The native title is to be held on trust.

3. The Bandjalang Aboriginal Corporation Prescribed Body Corporate (ICN 7930) is to:

(a) be the prescribed body corporate for the purposes of s. 57(1) of the Native Title Act 1993 (Cth); and

(b) perform the functions set out in s. 57(1) of the Native Title Act 1993 (Cth) and the Native Title (Prescribed Bodies Corporate) Regulations 1999 (Cth).

4. There be no orders as to costs.

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

THE COURT DETERMINES THAT:

Existence of Native Title

1. Native title exists in relation to:

(a) each of the areas of land and waters described in Schedule One, to the extent that each falls within the external boundaries of the claim area as described in Attachment B to the Further Amended Claimant Application in the Proceedings (which is reproduced as Schedule Three to this Consent Determination) ("External Boundaries"); and

(b) all land between the mean high water mark and the mean low water mark within the External Boundaries

Native title holders

2. Native title is held by the Bandjalang People who are Aboriginal persons who are:

(a) the biological descendants of:

(i) King Harry, Jack Wilson, Susannah mother of Frank Jock Jnr, Michael “Mundoon” Wilson, George James, Eliza Breckenridge, Jack Breckenridge, Frank Jock Jnr, Ada Jock, Gibson Robinson, Grace Bond; and

(b) persons adopted or incorporated into the families of those persons (and the biological descendants of any such adopted or incorporated persons) and who identify as and are accepted as Bandjalang People in accordance with Bandjalang traditional laws and customs.

Nature and extent of native title rights and interests

3. Subject to paragraphs 4 to 9 inclusive the nature and extent of the native title rights and interests held by the Bandjalang People in the Consent Determination Area identified in Schedule One, are the non-exclusive rights set out below:

(a) the right to hunt, fish and gather the traditional natural resources of the Consent Determination Area for non-commercial personal, domestic and communal use;

(b) the right to take and use waters on or in the Consent Determination Area;

(d) the right to do the following activities on the land:

(i) conduct ceremonies;

(ii) teach the physical, cultural and spiritual attributes of places and areas of importance on or in the land and waters; and

(iii) to have access to, maintain and protect from physical harm, sites in the Consent Determination Area which are of significance to the Bandjalang People under their traditional laws and customs.

General Limitations

4. Native title does not exist in:

(a) minerals as defined in the Mining Act 1992 (NSW) and the Mining Regulation 2010 (NSW); and

(b) petroleum as defined in the Petroleum (Onshore) Act 1991 (NSW) and the Petroleum (Submerged Lands) Act 1982 (NSW).

5. Native title rights and interests do not exist in the areas within the Consent Determination Area covered by Public Works (including the land defined in section 251D of the Native Title Act 1993 (Cth)) which were constructed, established or situated prior to 23 December 1996 or commenced to be constructed or established on or before that date.

6. Public Works within the Consent Determination Area constructed, established or situated after 23 December 1996 have had or will have, if yet to be constructed, such effect as has resulted from Part 2 Division 3 of the Native Title Act 1993 (Cth).

7. Native title rights and interests do not exist in any area of land which has been dedicated as a public road or a main road in accordance with the statutory requirements for such dedication, even if the land is no longer so dedicated.

8. The native title rights and interests described in paragraph 3 are exercised for personal, domestic and non-commercial communal purposes and do not confer possession, occupation, use or enjoyment to the exclusion of all others. The native title rights and interests do not confer any right to control public access or public use of the land and waters of the Consent Determination Area.

9. The native title rights and interests in the Consent Determination Area are subject to and exercisable in accordance with:

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

(b) the traditional laws acknowledged and traditional customs observed by the Bandjalang People.

Nature and extent of other rights and interests

10. The nature and extent of other rights and interests in the Consent Determination Area are described in Schedule Two.

11. Any reference in a clause of Schedule Two to a specific right or interest, which is said to be included in a broader class of rights or interests described in that clause, is included for abundant caution and is not intended to limit the generality of that broader class.

Relationship between native title rights and interests and other rights and interests

12. The relationship between the native title rights and interests in the Consent Determination Area that are described in paragraph 3 and the other rights and interests described in paragraph 10 and Schedule Two (“the Other Interests”) is that:

(a) the Other Interests continue to have effect; and

(b) the Other Interests and any activity done in accordance with or incidental to the exercise of a right conferred or held under the Other Interests, while they are in existence, prevail over but do not extinguish the native title rights and interests and any exercise of those native title rights and interests.

(i) the lawful powers of the Commonwealth and of the State of New South Wales; and/or

(ii) the lawful grant or creation of interests pursuant to the Laws of the Commonwealth and the State of New South Wales.

Definitions

13. In these orders, unless the contrary intention appears:

“Bandjalang People” means the native title holders as described in order 2.

“camp” means to stay on the Consent Determination Area for temporary periods. Tents or other like structures are permitted. It does not include the right to permanently reside or build permanent structures or fixtures.

“Consent Determination Area” means the land and waters described and mapped in Schedule One.

“laws” include statutes, regulations and other subordinate legislation and the common law.

“Proceedings” means the application for determination of native title made by Anthony Edward Wilson and Douglas Steven Wilson for and on behalf of the Bandjalang People (NC96/16; NSD6034/98) and any matters arising from those proceedings.

14. If a word or expression is not defined in these orders, but is defined in the Native Title Act 1993 (Cth), then it has the meaning given to it in the Native Title Act 1993 (Cth).

SCHEDULE ONE – CONSENT DETERMINATION AREA

The land and waters in which the Bandjalang People hold native title are the parcels described in Annexure A as shown on the map attached at Annexure B.

In the event of an inconsistency between the written description provided in this attachment and the map, the written description shall prevail.

Annexure A to SCHEDULE ONE

DESCRIPTION OF THE CONSENT DETERMINATION AREA

ID AREA	PARCEL	DESCRIPTION OF LAND
2	Lot 7050 DP 1112972
8	Lot 7015 DP 1076665 & Lot 7096 DP 1113511
11	Lot 7020 DP 1051335
12	Lot 7019 DP 1051692
13	Lot 7094 DP 1113512
20	Unidentified Crown Land as shown on the map at Annexure B
23	Lot 7307 DP 1153014
24	Lot 7308 DP 1153014
30	Lot 7017 DP 1112984
31	Lot 91 DP 755614
32	Lot 7301 DP 1163536
44	Lot 7095 DP 1113843
48	Unidentified Crown Land as shown on the map at Annexure B
116	Lot 161 DP 755624	Bundjalung National Park GG 25/1/1980
117	Unidentified land	Bundjalung National Park GG 30/1/1981
119	Lot 70 DP 755614	Bundjalung National Park GG 25/1/1980
120	Lot 42 DP 755614	Bundjalung National Park GG 4/11/1983
122	Lot 49 DP 755614	Bundjalung National Park GG 25/1/1980
123	Unidentified land	Bundjalung National Park GG 25/1/1980
124	Unidentified land	Bundjalung National Park GG 25/1/1980
125	Part of Lot 7302 DP 1163536	Bundjalung National Park GG 25/1/1980
126 except in relation to 126(c)	Part of Lot 52 DP 755614	Bundjalung National Park GG 25/1/1980
127	Part of 7302 DP 1163536	Bundjalung National Park GG 25/1/1980
129 except in relation to 129 (C)	Part of Lot 53 DP 755614	Bundjalung National Park GG 25/1/1980
130	Part of Lot 53 DP 755614	Bundjalung National Park GG 25/1/1980
132	Lot 13 DP 755613	Bundjalung National Park GG 25/1/1980
144	Unidentified	Bundjalung National Park GG 26/2/1999 addition
149	Part of Lot 3 DP 755610	Tabbimoble Swamp Nature Reserve GG 26/2/1999
150	Part of Lot 3 DP 755610	Tabbimoble Swamp Nature Reserve GG 26/2/1999
168	Lot 63 DP 755624	Broadwater National Park GG 12/7/1974
170	Lot 7058 DP 96632	Broadwater National Park GG 5/3/1999
171	Unidentified land	Broadwater National Park GG 22/8/1980
172	Unidentified	Broadwater National Park GG 12/7/1974
175	Unidentified	Broadwater National Park GG 12/7/1974
176	Unidentified	Broadwater National Park GG 12/7/1974
177	Unidentified	Broadwater National Park GG 28/5/1982
178	Unidentified	Bundjalung National Park GG 25/1/1980
179	Unidentified	Bundjalung National Park GG 25/1/1980
180	Unidentified	Bundjalung National Park GG 25/1/1980
181	Unidentified	Bundjalung National Park GG 25/1/1980 & 22/7/1983
182	Unidentified	Bundjalung National Park GG 25/1/1980 & 22/7/1983
183	Lot 377 DP 755624	Broadwater National Park GG 19/7/1985
184	Lot 378 DP 755624	Broadwater National Park GG 19/7/1985
185	Lot 379 DP 755624	Broadwater National Park GG 19/7/1985
186	Lot 384 DP 755624	Broadwater National Park GG 19/7/1985
187	Lot 386 DP 755624	Broadwater National Park GG 19/7/1985
188	Lot 387 DP 755624	Broadwater National Park GG 19/7/1985
190	Lot 399 DP 755624	Broadwater National Park GG 19/7/1985
191	Lot 400 DP 755624	Broadwater National Park GG 19/7/1985
192	Lot 401 DP 755624	Broadwater National Park GG 19/7/1985
193	Lot 7105 DP 1123365	Broadwater National Park GG 5/3/1999
194	Part of Lot 7058 DP 96632	Broadwater National Park GG 5/3/1999
196	Lot 7014 DP 1057092	Broadwater National Park GG 5/3/1999
197	Unidentified	Broadwater National Park GG 5/3/1999
198	Unidentified	Broadwater National Park GG 22/8/1980
200	Unidentified	Broadwater National Park GG 22/8/1980
201	Unidentified	Broadwater National Park GG 12/7/1974
202	Unidentified	Broadwater National Park GG 12/7/1974
203	Unidentified	Broadwater National Park GG 12/7/1974
204	Unidentified	Broadwater National Park GG 12/7/1974
205	Unidentified	Broadwater National Park GG 12/7/1974
206	Unidentified	Bundjalung National Park GG 25/1/1980
207	Unidentified	Part Esk River
213	Unidentified	Broadwater National Park GG 22/8/1980
214 Except in relation to 214D	Unidentified	Bundjalung National Park GG 25/1/1980
215	Unidentified	Bundjalung National Park GG 25/1/1980
217	Unidentified	Bundjalung National Park GG 25/1/1980
219 North of the southern boundary	Unidentified	Bundjalung National Park GG 25/1/1980
220	Unidentified	Bundjalung National Park GG 25/1/1980

Annexure B to SCHEDULE ONE

MAP OF CONSENT DETERMINATION AREA

SCHEDULE TWO

OTHER RIGHTS AND INTERESTS

1. The rights and interests of Telstra Corporation Limited;

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

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

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

(i) to inspect land;

(ii) to install and operate telecommunications facilities; and

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

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

(e) under any lease, licence, access agreement or easement relating to its telecommunications facilities in the Consent Determination Area: and

(f) under a consent granted by the NSW Minister for the Environment on 13 January 1995 for the installation of an underground fibre optic cable through Broadwater National Park.

1. The rights and interests of the Richmond Valley Council and Clarence Valley Council under their local government jurisdiction and as entities exercising statutory powers in respect of the land and waters in their local government areas, including existing access to public work.

2. The rights and interests of the Crown in right of the State of New South Wales.

3. The rights and interests granted or recognised by the State of New South Wales pursuant to statute or otherwise in the exercise of its executive power and under any regulations made pursuant to such legislation, and including, for the avoidance of any doubt, but not limited to, the following rights and interests that have been granted or recognised by:

(a) permissive occupancy C130 (PO 1952/3) granted to the Commonwealth by the State of New South Wales under s 136K of the Crown Lands Consolidation Act 1913 (NSW); and

(b) permissive occupancy C241 (PO 1963/30) granted to the Commonwealth by the State of New South Wales under s 136K of the Crown Lands Consolidation Act 1913 (NSW).

(ii) the day use area at Gummigurrah in Bundjalung National Park; and

(iii) the camping area at Black Rocks in Bundjalung National Park.

4. The rights and interests granted by the Commonwealth pursuant to statute or otherwise in the exercise of its executive power and under any regulations made pursuant to such legislation and including, for the avoidance of any doubt, but not limited to, the following rights and interests:

(a) the "Defence Practice Area" otherwise declared and described as "Item and Map No. 8 Evans Head" in the Schedule to the "Declaration of Defence Practice Areas" made by the Minister for Defence pursuant to sub-regulation 49(1) of the Defence Force Regulations on 17 October 1994, and published in Commonwealth of Australia Gazette No. GN 46 on 23 November 1994.

5. The rights or interests held by reason of the force and operation of the laws of the State of New South Wales or of the Commonwealth.

6. The rights and interests of members of the public arising under the common law including but not limited to:

(a) the public right to fish;

(b) the public right to navigate.

7. The right to access land by an employee or agent or instrumentality of the State of New South Wales, of the Commonwealth or of other statutory authority as required in the performance of his or her statutory or common law duties.

8. So far as confirmed pursuant to sections 16 and 18 of the Native Title (New South Wales) Act 1994 as at the date of the determination, any existing public access to and enjoyment of:

(a) waterways;

(b) the beds and banks or foreshores of waterways;

(d) beaches;

(e) stock routes; and

(f) areas that were public places at the end of 31 December 1993.

9. Any other:

(a) legal or equitable estate or interest in the land or waters of the Consent Determination Area; or

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

(i) the land or waters of the Consent Determination Area; or

(ii) an estate or interest in the land or waters of the Consent Determination Area.

SCHEDULE THREE

EXTERNAL BOUNDARIES

Eastern boundary Description

The Eastern boundary of the of the application is described as Commencing at the north eastern most corner of Broadwater National Park and extending easterly to the Mean Low Water Mark of the South Pacific Ocean at Latitude 29.010562° South and east to a point 200 metres seaward of that Mean Low Water Mark; then generally southerly along a buffer 200 metres seaward of that Mean Low Water Mark to Latitude 29.262071° South.

Southern Boundary Description

Commencing at point 200 metres seaward of the Mean Low Water Mark of the South Pacific Ocean at Latitude 29.262071° South and extending generally westerly through the following coordinate points;

Longitude (East)	Latitude (South)
153.360841	29.262077
153.358195	29.261741
153.354467	29.261408
153.350453	29.261418
153.346922	29.261166
153.342022	29.261097
153.335250	29.261115
153.330938	29.261468
153.328489	29.261474
153.326235	29.261741
153.323896	29.260799
153.319573	29.260981
153.313098	29.260735
153.309566	29.260057
153.303778	29.258780
153.296623	29.258462
153.286520	29.256237
153.279618	29.254752

Then westerly to a point on the eastern boundary of Devils Pulpit State Forest, also a point on a western boundary of Bundjalung National Park at Latitude 29.254752° South.

The application area also covers all land and waters including the following land parcels:

STATE ID (Area Number)	Current Lot Description
2	Lot 7050 DP1112972
3	Part Lot 10 DP1075394
8	Lot 7096 DP1113511
8	Lot 7015 DP1076665 Crown Land, between the High Water Mark and Low Water Mark
11	Lot 7020 DP1051335
12	Lot 7019 DP1051692
13	Lot 7094 DP1113512
15	Part Lot 10 DP1075394
20	Unidentified Crown Land Crown Land, between the High Water Mark and Low Water Mark
21	Part Lot 10 DP1075394
23	Lot 7092 DP1113531
23	Lot 7012 DP1112973
23	Lot 7091 DP1113534
24	Lot 7002 DP1112982
30	Lot 7017 DP1112984
31	Lot 91 DP755614
32	Lot 7001 DP92541
32	Part Lot 52 DP755614
37	Lot 10 DP868045
38	Lot 13 DP868045
39	Lot 7011 DP1051693
43	Part Lot 10 DP1075394
44	Lot 7095 DP1113843
48	Crown Land, between the High Water Mark and Low Water Mark
116	Part Lot 161 DP755624 Part Bundjalung National Park
117	Part Lot 161 DP755624 Part Bundjalung National Park
117	Unidentified Crown Land
119	Lot 70 DP755614 Part Bundjalung National Park
120	Lot 42 DP755614 Part Bundjalung National Park
122	Lot 49 DP755614 Part Bundjalung National Park
123	Part Crown Plan 357 – 3052 Part Bundjalung National Park
124	Part Crown Plan 357 – 3052 Part Bundjalung National Park
125	Part Lot52 DP755614 Part Bundjalung National Park
126 Except in relation to 126C	Part Lot52 DP755614 Part Bundjalung National Park
127	Part Lot 52 DP755614 Part Bundjalung National Park
129 Except in relation to 129C	Part Lot 53 DP755614 Part Bundjalung National Park
130	Part Lot 53 DP755614 Part Bundjalung National Park
132	Lot 13 DP755613 Part Bundjalung National Park
144	Part Lot 19 DP755629 Part Bundjalung National Park
149	Part Lot 3 DP755610 Part Tabbimoble Swamp Nature Reserve
150	Part Lot 3 DP755610 Part Tabbimoble Swamp Nature Reserve
151	Lot 283 DP755624 Part Broadwater National Park
168	Lot 63 DP755624 Part Broadwater National Park
170	Part Lot 7058 DP96632 Part Broadwater National Park
171	Lot 1701 – 3050 Part Broadwater National Park
172	Part Broadwater National Park
175	Part Broadwater National Park
176	Part Broadwater National Park
177	Part Broadwater National Park
178	Part Bundjalung National Park
179	Part Broadwater National Park
180 North of the Southern Boundary as Described	Part Bundjalung National Park
181	Part Bundjalung National Park
182	Part Bundjalung National Park
183	Lot 377 DP755624 Part Broadwater National Park
184	Lot 378 DP755624 Part Broadwater National Park
185	Lot 379 DP755624 Part Broadwater National Park
186	Lot 384 DP755624 Part Broadwater National Park
187	Lot 386 DP755624 Part Broadwater National Park
188	Lot 387 DP755624 Part Broadwater National Park
190	Lot 399 DP755624 Part Broadwater National Park
191	Lot 400 DP755624 Part Broadwater National Park
192	Lot 401 DP755624 Part Broadwater National Park
193	Part Lot 7048 DP1057102 Part Broadwater National Park
193	Lot 7105 DP1123365 Part Broadwater National Park
194	Part Lot 7058 DP96632 Part Broadwater National Park
196	Lot 7014 DP1057092 Part Broadwater National Park
197	Part Broadwater National Park
198	Part Broadwater National Park
198	Part Broadwater National Park
198	Part Broadwater National Park
200	Part Broadwater National Park
201	Part Broadwater National Park
202	Part Broadwater National Park
203	Part Broadwater National Park
204	Part Broadwater National Park
205	Part Broadwater National Park
206	Part Broadwater National Park
207 North of the Southern Boundary as described	Part Esk River
213	Part Broadwater National Park
214 Except in relation to 214D	Part Bundjalung National Park
215	Part Bundjalung National Park
217	Part Bundjalung National Park
219 North of the Southern Boundary as described	Part Bundjalung National Park
220	Part Bundjalung National Park

and;

That portion of Bundajlung National Park north of State ID 214 and south of that parcel of unidentified Crown land west of Lot 529 on DP721119. Bounded in the east by State ID 23, in the west by Oyster Creek and south of Evans River.

Note

Data Reference and source

• Application boundary data compiled by National Native Title Tribunal based on data sourced from Dept of Lands, Land and Property Information Division, NSW.

• Area Numbers sourced from the historical and current land tenure report 20 May 2003.

• Cadastral data sourced from Public Sector Mapping Agency (May 2008) some lot references sourced from Dept of Lands (NSW), online Geospatial Portal (Nov 2007).

• Road reserve data sourced from Dept of Lands, NSW (July 2001).

• Conservation data sourced from Department of Environment and Conservation NSW (June 2006).

Reference datum

Geographical coordinates have been provided by the NNTT Geospatial Unit and are referenced to the Geocentric Datum of Australia 1994 (GDA94), in decimal degrees and are based on the spatial reference data acquired from the various custodians at the time

Use of Coordinates

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

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION	NSD 6107 of 1998

BETWEEN:

ANTHONY EDWARD WILSON and DOUGLAS STEVEN WILSON ON BEHALF OF THE BANDJALANG PEOPLE NO 2

Applicant

AND:

THE NSW ATTORNEY GENERAL AS THE STATE MINISTER FOR NEW SOUTH WALES AND OTHERS

Respondent

JUDGE:

JAGOT J

DATE OF ORDER:

2 DECEMBER 2013

WHERE MADE:

evans head

(AMENDED PURSUANT TO R. 39.05)

BEING SATISFIED that a determination of native title in the terms sought by the parties is within the power of the Court, and it appearing appropriate to do so by consent of the parties and pursuant to ss. 87(4) and 94A of the Native Title Act 1993 (Cth) 1993,

THE COURT NOTES THAT:

A. It is the intention of the State of New South Wales and the Applicant without delay to enter into an Indigenous Land Use Agreement for the following purposes:

i. to establish regimes for the future management of the State Forests, National Parks, Crown reserves, the travelling stock reserves and the fisheries resource within the Consent Determination Area;

ii. to provide a regime for the undertaking of Future Acts in the Consent Determination Area; and

iii. to achieve a final settlement with the Bandjalang People for any past affect to their native title rights and interests.

THE COURT ORDERS THAT:

1. There be a determination of native title in the terms set out below (the Determination).

2. The native title is to be held on trust.

3. The Bandjalang Aboriginal Corporation Prescribed Body Corporate (ICN 7930) is to:

(a) be the prescribed body corporate for the purposes of s. 57(1) of the Native Title Act 1993 (Cth); and

(b) to perform the functions set out in s. 57(1) of the Native Title Act 1993 (Cth) and the Native Title (Prescribed Bodies Corporate) Regulations 1999 (Cth).

4. There be no orders as to costs.

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

THE COURT DETERMINES THAT:

Existence of Native Title

1. Native title exists in relation to each of the areas of land and waters described in Schedule One, to the extent that each falls within the external boundaries of the claim area as described in Attachment B to the Further Amended Claimant Application in these proceedings (which is reproduced as Schedule Three to this Consent Determination) ("External Boundaries") (“Consent Determination Area”). Each of the areas described in Schedule One is to be taken to include any creek occurring within its boundaries.

Native title holders

2. Native title is held by the “Bandjalang People” who are Aboriginal persons who are:

(a) the biological descendants of:

(b) Persons adopted or incorporated into the families of those persons (and the biological descendants of any such adopted or incorporated persons) and who identify as and are accepted as Bandjalang People in accordance with Bandjalang traditional laws and customs.

Nature and extent of native title rights and interests

3. Subject to paragraphs 4 to 9 the nature and extent of the native title rights and interests held by the Bandjalang People in the Consent Determination Area identified in Schedule One, are the non-exclusive rights set out below:

(a) the right to hunt, fish and gather the traditional natural resources of the Consent Determination Area for non-commercial personal, domestic and communal use;

(b) the right to take and use waters on or in the Consent Determination Area;

(d) the right to do the following activities on the land:

(i) conduct ceremonies;

(ii) teach the physical, cultural and spiritual attributes of places and areas of importance on or in the land and waters; and

(iii) to have access to, maintain and protect from physical harm, sites in the Consent Determination Area which are of significance to the Bandjalang People under their traditional laws and customs.

General Limitations

4. Native title does not exist in:

(a) Minerals as defined in the Mining Act 1992 (NSW) and the Mining Regulation 2010 (NSW); and

(b) Petroleum as defined in the Petroleum (Onshore) Act 1991 (NSW) and the Petroleum (Submerged Lands) Act 1982 (NSW).

5. Native title rights and interests do not exist in the areas covered by Public Works (including the land defined in section 251D of the Native Title Act (Cth) 1993) which were constructed, established or situated prior to 23 December 1996 or commenced to be constructed or established on or before that date.

6. Public Works constructed, established or situated after 23 December 1996 have had or will have, if yet to be constructed, such effect as results from Part 2 Division 3 of the Native Title Act (Cth) 1993.

9. The native title rights and interests in the Consent Determination Area are subject to and exercisable in accordance with:

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

(b) the traditional laws acknowledged and traditional customs observed by the Bandjalang People.

Nature and extent of other rights and interests

10. The nature and extent of other rights and interests in the Consent Determination Area are described in Schedule Two.

Relationship between native title rights and interests and other rights and interests

(a) the Other Interests continue to have effect; and

(i) the lawful powers of the Commonwealth and of the State of New South Wales; and/or

(ii) the lawful grant or creation of interests pursuant to the Laws of the Commonwealth and the State of New South Wales.

Definitions

13. In these orders, unless the contrary intention appears:

“Bandjalang People” means the native title holders as described in order 2.

“Consent Determination Area” means the land and waters described and mapped in Schedule One.

“laws” include statutes, regulations and other subordinate legislation and the common law.

“Proceedings” means the application for determination of native title made by Anthony Edward Wilson and Douglas Steven Wilson for and on behalf of the Bandjalang People (NC98/19; NSD6107/98) and any matters arising from those proceedings.

14. If a word or expression is not defined in these orders, but is defined in the Native Title Act 1993 (Cth), then it has the meaning given to it in the Native Title Act 1993 (Cth).

SCHEDULE ONE

CONSENT DETERMINATION AREA

1. The land and waters in which the Bandjalang People hold native title are the parcels described in Annexure A and as shown on the map attached at Annexure B.

2. Save for the land described as unidentified land in column 3 in the Annexure A, in the event of an inconsistency between the written description provided in this attachment and the map, the written description shall prevail

3. Columns 1 and 2 in Annexure A of schedule one set out the Area and Identification (ID) numbers respectively for each individual parcel of land within the consent determination area. The Area and ID numbers are internal identifiers used by the State for convenience.

4. Column 3 contains the parcel identifiers. Where possible this is by reference to the lot and deposited plan. However where no lot and deposited plan is available, the land is identified by reference to the map attached at Annexure B of Schedule One.

5. In many instances native title exists over part of a parcel but has been extinguished over the balance of the parcel. In those instances, Column 4 contains a short reference to the act or fact that has caused the extinguishment of the native title over those areas.

6. The spatial extent of extinguishment has not been surveyed or otherwise fixed but is to be determined by the spatial extent of the extinguishing act or interest referred to in Column 4. In a given parcel it is possible that, as a result of the spatial extent of an extinguishing act or interest being determined, native title may be found to have been extinguished over the entire parcel.

Annexure A to SCHEDULE ONE

DESCRIPTION OF THE CONSENT DETERMINATION AREA

Area	ID	Description of Land	Comments including Roads and Public Works Limitations
1	8	Part of closed Road adjoining the bottom half of Lot 13 in Deposited Plan 845649	Only that part of the lot not affected by a road, that road being subject to clause 7.
1	12	Closed Road adjoining Lot 194 in DP755742	Only that part of the lot not affected by a road, that road being subject to clause 7.
2	2	24/755727
2	4	330/726561
2	5	245/755727
2	6	Unidentified land adjoining Lot 24/755727 as shown on the maps at Annexure B (now Lot 7308/1162852)
2	7	7304/1138123
2	181	7015/1051717 (excluding that part of the land which is the Richmond River see ID 329)
2	183	243/755727	Only that part of the lot not affected by public work being development for sporting grounds and facilities, that public work being subject to clause 5.
2	184	190/755727	Only that part of the lot not affected by public work being development for sporting grounds and facilities, that public work being subject to clause 5.
2	231	Unidentified land abutting north west boundary of ID222 of Area 2 (Abutting Lot 194/755627)
2	232	7007/92627
2	275	7006/92628	Only that part of the lot not affected by public works, being drainage and associated infrastructure, that public work being subject to clause 5.
2	278	Unidentified Land as shown on the maps at Annexure B (within Lot 27/755627)
2	289	Unidentified land as shown on the maps at Annexure B (within Lot 33/755627)
2	295	Unidentified land as shown on the maps at Annexure B (within Lot 38/755627)
2	300	7015/1120401
2	329	Part of the Richmond River (tidal waterway)
2	330	Horseshoe Lagoon (non-tidal waterway)
2	331	Crown waterway (non-tidal) as shown on the maps at Annexure B (Adjoining 2/102290)
3	26	Closed Road – adjoining Lot 21 DP8737	Only that part of the lot not affected by a road, that road being subject to clause 7.
3	57	246/755742	Only that part of the lot not affected by a road, that road being subject to clause 7.
3	243	7003/1054006	Only that part of the lot not affected by public work being development for cricket oval including sheds that public work being subject to clause 5.
3	338	Part of the Long Lagoon (non-tidal waterway)
3	339	Part of the Richmond River (tidal waterway)
3	340	Part of Oakey Creek (non-tidal waterway)
4	10	259/728186
4	143	216/755742
4	174	260/728185
4	190	6/252746	Only that part of the lot not affected by a road, that road being subject to clause 7.
4	192	7/252746	Only that part of the lot not affected by a road, that road being subject to clause 7.
4	193	Walshs Creek Non tidal
4	194	Richmond River Tidal
6	59	139/755618
6	60	112/755618
6	61	111/755618
6	64	49/755618
6	69	Mongogarie Creek
6	70	Cherrytree Creek
6	72	1/242829	Only that part of the lot not affected by a road, that road being subject to clause 7.
7	13	7002/1050851
7	23	Closed Road Adjoining Lot 2 DP 573121	Only that part of the lot not affected by a road, that road being subject to clause 7.
7	45	7007/1050852
7	73	Land adjoining Lots 101 and 103 in DP 755606, and Lot 139 in DP 5125
7	75	Mongogarie Creek (non-tidal waterway) as shown on the maps at Annexure B
7	76	Middle Creek (non-tidal waterway)
8	29	248/755627	Only that part of the lot not affected by public work being development for Yorklea School, Community Centre and RFS Headquarters, that public work being subject to clause 5.
8	85	161/755623	Only that part of the lot not affected by public work being development for a horse riding facility, that public work being subject to clause 5.
8	86	7001/92675	Only that part of the lot not affected by a road, that road being subject to clause 7.
8	87	211/42433	That part of the lot not affected by public work being development for a horse riding facility, that public work being subject to clause 5. That part not affected by a road, that road being subject to clause 7.
8	88	210/42433
8	89	7005/1054013
8	94	Closed road adjoining Lot 161 in DP 755623 (now 7300/DP1177568)	Only that part of the lot not affected by a road, that road being subject to clause 7.
8	168	Unidentified land adjoining Lots 84, 185, 52 and 53 in DP 755623
8	231	114/1031643
8	233	32/755606
8	279	Shannon Brook Non-tidal
8	280	Branch Creek Non-tidal
8	281	Drainage reserve adjoining Lot 2 in DP 807368
9	15	133/755634	Only that part of the lot not affected by a road, that road being subject to clause 7.
9	16	7001/92649	That part of the lot not affected by public work being development for Cattle Tick Dip Site since 1953. Fenced yards and earthworks, that public work being subject to clause 5. That part of the lot not affected by a road, that road being subject to clause 7.
9	17	7300/1161352	Only that part not affected by a road, that road being subject to clause 7.
9	183	7001/1054024
9	256	Unidentified land as shown on the maps at Annexure B (Adjoining Allot 2 Lot 2 DP1494)	Only that part of the lot not affected by a road, that road being subject to clause 7.
9	470	5/256992	Only that part of the lot not affected by a road, that road being subject to clause 7.
9	471	6/256992	Only that part of the lot not affected by a road, that road being subject to clause 7.
10	74	352/728160
10	75	353/728160
10	87	7304/1145407
10	108	7002/1053005
10	109	72/755628
10	185	256/726656
10	195	9/252746	Only that part of the lot not affected by a road, that road being subject to clause 7.
10	196	8/252746	Only that part of the lot not affected by a road, that road being subject to clause 7.
10	198	10/252746	Only that part of the lot not affected by a road, that road being subject to clause 7.
10	201	1/63/758257
10	365	7300/1152640
10	370	Part of the Lagoon (non-tidal waterway)
11	5	213/755728
11	35	Unidentified land as shown on the maps at Annexure B (Adjoining Lot 1 DP953829 and Lot 19 DP755728	Only that part of the lot not affected by a road, that road being subject to clause 7.
11	61	246/755728	Only that part of the lot not affected by public work being development for cattle handling facilities, that public work being subject to clause 5. Only that part of the lot not affected by a road, that road being subject to clause 7.
11	79	242/755728
11	80	243/755728
11	81	244/755728
11	82	181/755728
11	86	71/755628
11	87	7001/92680
11	162	1/44756	Only that part of the lot not affected by a road, that road being subject to clause 7.
11	356	340/727822
11	461	246/755631	Only that part of the lot not affected by public work being development for night soil depot and landfill, that public work being subject to clause 5.
11	462	342/728104	Only that part of the lot not affected by a road, that road being subject to clause 7.
11	463	343/728104
11	499	2/251860	Only that part of the lot not affected by a road, that road being subject to clause 7.
11	500	3/251860	Only that part of the lot not affected by a road, that road being subject to clause 7.
11	501	5/251860	Only that part of the lot not affected by a road, that road being subject to clause 7.
11	526	Unidentified land as shown on the maps at Annexure B (Adjoining Lot 1 DP798966)
11	539	310/755631
11	545	351/728135	Only that part not affected by public work being developed as Coraki Riverside Park including caravan park, amenities, constructed beach, landscaping and amphitheatre, that public work being subject to clause 5.
11	546	350/728135	Only that part of the lot not affected by public work being development for Coraki Riverside Park including wharves and boat ramp, that public work being subject to clause 5.
11	611	187/755631	Only that part of the lot not affected by public work being development for cattle tick dip infrastructure, that public work being subject to clause 5.
11	622	188/755631	Only that part of the lot not affected by public work being development for Coraki Cattle Pound, fenced with yards with trough, that public work being subject to clause 5.
11	623	341/728103
11	624	345/728106
11	625	349/728108	Only that part of the lot not affected by public work being development for Coraki Hockey Fields with buildings and earthworks, including amenities, canteen, shelter and lights, that public work being subject to clause 5.
11	738	337/728156	Only that part of the lot not affected by public work being development for Coraki sports fields (rugby league and hockey), including tennis courts, basketball, a skate park, a canteen and other amenities, landscaping, a large drain through the site and a former horse racecourse, that public work being subject to clause 5.
11	739	101/755631
11	842	6/23/758291
11	843	5/23/758291
11	1142.1	347/728109	Only that part of the lot not affected by public work being development for Coraki Memorial Park parks infrastructure including war memorial, landscaping, amenities, pathways, road, parking, fill, a shelter, shade sails and fixed playground equipment, that public work being subject to clause 5.
11	1144.1	344/728105
11	1145.1	Part of the Wilsons River (tidal waterway) as shown on the maps at Annexure B
12	66	Unidentified land adjoining Lot 4 in Deposited Plan 717103	Only that part of the lot not affected by a road, that road being subject to clause 7.
12	67	Unidentified land adjoining Lot 32 in Deposited Plan 627286	Only that part of the lot not affected by a road, that road being subject to clause 7.
12	68	Unidentified land adjoining Lot 2 in Deposited Plan 706413	Only that part of the lot not affected by a road, that road being subject to clause 7.
14	2	7300/1143257
14	9	99/726569
14	23	85/755636
14	33	7301/1146727
14	34	7302/1146727
14	35	7303/1146727
14	36	7304/1146727
14	40	64/755604
14	41	66/755604
14	42	43/755604
14	72	7300/1143007
14	73	Busby Creek
14	77	7301/1146725
14-	78	69/755604
14	79	98/726569
14	80	1/722771	Only that part of the lot not affected by a road, that road being subject to clause 7.
15	9	64/755604
15	10	7304/1146727
15	13	7300/1144004
15	18	Unidentified land adjoining Lots 106/755616, 114/755616 and 110/755616
15	80	7300/1144348
15	99	119/46878
15	100	113/755616
15	118	7005/92542
15	119	7004/92542
15	148	Sandy Creek (non-tidal waterway) as shown on the maps at Annexure B
15	149	Busbys Creek (non-tidal waterway) as shown on the maps at Annexure B
15	150	Myrtle Creek (non-tidal waterway) as shown on the maps at Annexure B
16	18	7301/1146838
16	21	Unidentified land as shown on the maps at Annexure B (Adjoining Lot 2 DP545456 and Lot 16 DP839378)
16	22	78/755621
16	23	49/755621
16	30	7003/92533
16	37	7310/1147265
16	38	7311/1147265
16	39	7312/1147265
16	40	7313/1147265
16	41	7309/1147265
16	42	7308/1147265
16	48	7304/1146782
16	50	16/755621	Only that part of the lot not affected by public work being development for Rappville Landfill and Transfer Station, that public work being subject to clause 5.
16	51	12/755621
16	83	7306/1147042
16	90	Fiddle Creek as shown on the maps at Annexure B
16	91	Sandy Creek as shown on the maps at Annexure B
17	60	Closed Road (Adjoining Lot 11 DP702010)	Only that part of the lot not affected by a road, that road being subject to clause 7.
17	81	Closed non-public Crown subdivision road adjoin Lot 1 in Deposited Plan 908595	Only that part of the lot not affected by a road, that road being subject to clause 7.
17	97	1/908595
17	99	7003/92546
17	100	7003/1050829
17	117	Unidentified land adjoining Lot 113 DP 755612
17	118	Unidentified land as shown on the maps at Annexure B (Adjoining Lot 1 DP755612)
17	119	Part of Camp Creek (non-tidal waterway) as shown on the maps at Annexure B.
18	76	Unidentified land below lot 1 in Deposited Plan 619685
18	77	110/ DP755612
18	78	Unidentified land adjoining 58/755607 and1/755612
18	79	Unidentified land adjoining Lot 17 in DP 860145 as shown on the maps at Annexure B.
19	65	Closed Road adjoining 783/794107	Only that part of the lot not affected by a road, that road being subject to clause 7.
19	104	192/755631
19	105	193/755631
19	106	221/755631
19	112	Closed Road (Adjoining Lot 136 DP755631)	Only that part of the lot not affected by a road, that road being subject to clause 7.
19	123	Closed Roads through 150/755631 and 137/755631 (Adjoining Lot 150 and Lot 137 DP755631)	Only that part of the lot not affected by a road, that road being subject to clause 7.
19	134	1/631162
19	135	2/631162
19	136	3/631162
19	141	Closed Road as shown on the maps at Annexure B (Adjoining Lot 3 DP620109)	Only that part of the lot not affected by a road, that road being subject to clause 7.
19	152	Unidentified land through 11/738070, 12/738070, 7/264108, 6/264108, 5/264108
19	157	Unidentified land adjoining Lot 314 in Deposited Plan 755631 and River
19	177	Unidentified land adjoining Lot 201 in DP 755631 and Lot 4 in DP 738253
19	193	Part of Bungawalbin Creek (tidal waterway) as shown on the maps at Annexure B
19	194	Part of Bungawalbin Creek (tidal waterway) as shown on the maps at Annexure B
20	110	7002/92602	Only that part of the lot not affected by a road, that road being subject to clause 7.
20	111	7003/92603	Only that part of the lot not affected by a road, that road being subject to clause 7.
20	138	Closed road as shown on the maps at Annexure B (within Lot 1 DP122858)	Only that part of the lot not affected by a road, that road being subject to clause 7.
20	185	152/755603
20	187	Closed road as shown on the maps at Annexure B (within Lot 11 DP755603)	Only that part of the lot not affected by a road, that road being subject to clause 7.
20	254	Unidentified land as shown on the maps at Annexure B (Adjoining Lot 2 DP1081829)	Only that part of the lot not affected by a road, that road being subject to clause 7.
20	256	Unidentified land as shown on the maps at Annexure B (Adjoining Lot 17 DP1087147)	Only that part of the lot not affected by a road, that road being subject to clause 7.
20	257	Unidentified land as shown on the maps at Annexure B (Adjoining Lot 17 DP1087147)	Only that part of the lot not affected by a road, that road being subject to clause 7.
20	286	Unidentified land as shown on the maps at Annexure B (Adjoining Lot 1 DP981554)	Only that part of the lot not affected by a road, that road being subject to clause 7.
20	340	Unidentified land as shown on the maps at Annexure B(Adjoining Lot 270 DP728198)	Only that part of the lot not affected by a road, that road being subject to clause 7.
20	341	270/728198
20	342	271/728198
20	548	Richmond River as shown on the maps at Annexure B
20	549	Swan Bay as shown on the maps at Annexure B
20	550	Swampy Creek as shown on the maps at Annexure B
20	551	Bungawalbin Creek as shown on the maps at Annexure B
20	552	Sandy Creek as shown on the maps at Annexure B
20	553	Bora Creek as shown on the maps at Annexure B
21	20	1/712974
21	21	1/712972
21	25	1/712973
21	45	1/261225
21	46	2/261225
21	47	3/261225
21	52	417/755624
21	53	365/755624
21	54	2/872308
21	55	5/872309
21	56	7/872309
21	57	2/614743
21	58	531/721343
21	240	1/27/759110	Only that part of the lot not affected by public work being Woodburn Park, used to stockpile mineral sands (major earthwork), that public work being subject to clause 5.
21	383	1/31/759110
21	526	542/821656
21	573	2/1006289
21	574	347/755624 (now 2/963095)
21	575	348/755624 (now 2/963095)
21	579	1/821927	Only that part of the lot not affected by a road, that road being subject to clause 7.
21	592	200/755624	Only that part of the lot not affected by public work being previously developed for Rileys Hill Public School (now Rileys Hill Community Centre), including landscaping, fixed playground equipment and fixed sporting infrastructure, that public work being subject to clause 5.
21	593	477/755624
21	595	1/129076
21	597	2/B/250411
21	611	17/B/250411
21	612	18/B/250411
21	613	19/B/250411
21	614	20/B/250411
21	615	21/B/250411
21	616	22/B/250411
21	617	23/B/250411
21	618	24/B/250411
21	619	9/A/250411
21	620	10/A/250411
21	621	11/A/250411
21	622	12/A/250411
21	623	13/A/250411
21	624	365/755624
21	625	1/16/759110
21	774	271/728180
21	779	124/755691
21	780	117/755691	Only that Part of the lot not affected by Public work (Dungarubba Hall), water tanks, that public work being subject to clause 5 and partial road subject to clause 7.
21	781	Closed road passing through 2/875523	Only that part of the lot not affected by a road, that road being subject to clause 7.
21	846	Closed road adjoining 152/755699	Only that part of the lot not affected by a road, that road being subject to clause 7.
21	853	7046/1024027
21	856	7009/1052506
21	857	7010/1052506
21	858	7007/1021524
21	875	361/914704
22	160	7008/92609
22	165	5/846760
22	168	1/604378
22	174	Part of the Richmond River (Tidal) – Crown Waterway Parish of Broadwater County of Rous as shown on the maps at Annexure B
22	175	Part of the Richmond River (Tidal) – Crown Waterway Parish of Riley County of Richmond as shown on the maps at Annexure B
22	176	Site of Licence 390250 on Richmond River Tidal as shown on the maps at Annexure B
22	177	Site of Licence 390250 on Richmond River Tidal as shown on the maps at Annexure B
22	178	Site of Crown Permissive Occupancy 157011 – Richmond River Tidal as shown on the maps at Annexure B
22	179	Site of Crown Licence 397577 as shown on the maps at Annexure B
22	180	Crown Licence 403844 – Richmond River Tidal as shown on the maps at Annexure B
22	181	Crown Licence 201097 – Richmond River Tidal as shown on the maps at Annexure B
22	182	Crown Licence 394430- Richmond River Tidal as shown on the maps at Annexure B
22	183	Crown Licence 201019 – Richmond River Tidal as shown on the maps at Annexure B
22	184	Crown Licence 201056 – Richmond River Tidal as shown on the maps at Annexure B
22	185	Crown Licence 378756 – Richmond River Tidal as shown on the maps at Annexure B
22	186	Crown Licence 201094 – Richmond River Tidal as shown on the maps at Annexure B
22	187	Crown Licence 201039 – Richmond River Tidal as shown on the maps at Annexure B
22	188	Crown Licence 467410 – Richmond River Tidal as shown on the maps at Annexure B
22	189	Crown Licence 166660 – Richmond River Tidal as shown on the maps at Annexure B
22	190	Crown Licence 201037 – Richmond River Tidal as shown on the maps at Annexure B
22	191	Crown Licence 202717 – Richmond River Tidal as shown on the maps at Annexure B
23	1	Myrtle Creek
23	20	7300/1144145
24	50	7002 /DP92534
24	60	94/755635
24	116	29/755608
24	117	Myrtle Creek
24	118	Four Mile Creek
25	15	6/241031	Only that part of the lot not affected by a road, that road being subject to clause 7.
25	18	5/241031	Only that part of the lot not affected by a road, that road being subject to clause 7.
25	19	4/241031	Only that part of the lot not affected by a road, that road being subject to clause 7.
25	20	3/241031	Only that part of the lot not affected by a road, that road being subject to clause 7.
25	21	2/241031	Only that part of the lot not affected by a road, that road being subject to clause 7.
25	24	1/241031	Only that part of the lot not affected by a road, that road being subject to clause 7.
25	26	7305/1146782
25	27	97/755621
25	59	7001/94674
25	112	150/755620
25	113	Unidentified as shown on the maps at Annexure B (Adjoining Lots 130 and 158 DP755620)
25	114	23/755620
25	115	21/755620
25	116	22/755620
25	117	24/755620
25	118	144/755620
25	119	7002/1028470
25	123	60/755620	Only that part of the lot not affected by a road, that road being subject to clause 7.
25	124	7300/1147282
25	167	7315/1150632
25	168	105/821984
25	179	1/5/758869
25	203	60/1143788
25	221	80/1143790
25	224	18/755621
25	225	7007/92537	Only that part of the lot not affected by a road, that road being subject to clause 7.
25	271	Part of Myrtle Creek Road, unidentified land adjoining part of Lot 155 in DP 755620	Only that part of the lot not affected by a road, that road being subject to clause 7.
25	274	8/241031	Only that part of the lot not affected by a road, that road being subject to clause 7.
25	275	Pumphouse Waterhole (non-tidal waterway) as shown on the maps at Annexure B.
25	276	Part of Myrtle Creek (non-tidal waterway) as shown on the maps at Annexure B
25	277	7301/1145112
25	278	66/755620
26	19	Closed road adjoining Lot 15 in Deposited Plan 755607	Only that part of the lot not affected by a road, that road being subject to clause 7.
26	89	141/755620
26	90	Unidentified land adjoining Lots 4 to 6 in Deposited Plan 264440
26	91	Unidentified land adjoining Lot 10 DP701873; Lot 30 DP755607 and Lot 9 in DP701873
26	92	Unidentified land adjoining Lot 28 DP755607; Lot 34 DP755607
26	94	Part of the Two Mile Creek (non-tidal waterway) as shown on the maps at Annexure B.
27	39	7300/1143819
27	51	7001/92545
27	62	7302/1165914	Only that part of the lot not affected by a road, that road being subject to clause 7.
27	63	Unidentified land adjoining Lot 57 in DP755607 and Lot 30 in DP755607 and Lot 58 in DP755607
27	64	Unidentified land adjoining Lot A DP368416; Lot 1 Dp863209
27	65	9/755607
27	66	8/755607
27	67	10/755607
27	68	61/755607
27	71	159/820005
27	72	30/755601
27	73	31/755601
27	74	34/755601
27	75	35/755601
27	77	Part of the Deep Lagoon (non-tidal waterway) and Bungawalbin Creek (tidal waterway) as shown on the maps at Annexure B.
28	3	82/755609
28	4	84/755609
28	52	Unidentified land as shown on the maps at Annexure B (Adjoining Lot 2 DP863209)
28	58	255/755631
28	61	256/755631
28	66	209/755603
28	70	7301/1152023
28	73	210/755603 (now Lots 219 and 220 DP1184550 and Lot 7302 DP1143147)
28	77	Unidentified land as shown on the maps at Annexure B (Adjoining Lot 209 DP755603)
28	115	Unidentified land as shown on the maps at Annexure B (Adjoining Lot 122 DP755609)
28	118	7300/1143229
28	119	Unidentified land as shown on the maps at Annexure B (Adjoining Lot 19 DP755609)
28	120	Unidentified land as shown on the maps at Annexure B (Adjoining Lots 83 and 84 DP755609
28	121	A strip of unidentified land within Lot 82 in DP 755609 as shown on the maps at Annexure B
29	221	21/755610

29	224	4/755610
29	225	60/755609
29	226	99/755609
29	227	107/755609
29	229	72/755609
29	230	73/755609
29	231	129/755609
29	235	Unidentified land adjoining part of Lot 25 in DP 755610 as shown on the maps at Annexure B	Only that part of the lot not affected by a road, that road being subject to clause 7.
29	239	Unidentified land adjoining Lot 122 in DP 755609 and part of Lot 25 in DP 755610 as shown on the maps at Annexure B.
29	240	Unidentified land adjoining Lot 107 in DP 755609 as shown on the maps at Annexure B.

29	241	Part of Rocky Mouth Creek (non-tidal waterway) as shown on the maps at Annexure B
30	0.5	8/791853	Only that part of the lot not affected by a road, that road being subject to clause 7.
30	0.6	9/791853	Only that part of the lot not affected by a road, that road being subject to clause 7.
30	96	7060/1065370
30	97	7005/1065371
30	98	7061/1065370
30	99	7099/1113635
30	100	7100/1113635
30	101	7101/1113535
30	109	2/1158542
30	112	7103/1113538
30	113	7104/1113538
30	114	7102/1113538
30	183	190/755624
30	184	189/755624
30	185	415/755624
30	192	Unidentified land adjoining Lot 139 DP755624
30	194	154/755624
30	203	197/755624
30	207A	Part 429/755624
30	214	7081/1113522
30	216A	Part 503/755624
30	226	152/755624
30	227	7056/96631
30	228	458/755624
30	314	7004/92607
30	341	Unidentified land adjoining Lots 36 and 90 in DP 755614	Only that part of the lot not affected by a road, that road being subject to clause 7.
31	8	7034/1112995	Only that part of the lot not affected by a road, that road being subject to clause 7.
31	9	7079/1113524
31	10	370/755624	Only that part of the lot not affected by public work being Evans Head night soil depot and landfill, that public work being subject to clause 5.
31	11	7080/1113529
31	12	7073/1113463
31	13	7072/1113463
31	14	7068/1109610
31	15	7067/1109610
31	18	7065/1109609
31	19	7066/1109609
31	21	4/25/758403
31	35	6/775828
31	36	1/726511	Only that part of the lot not affected by a road, that road being subject to clause 7.
31	37	7074/1096182
31	58	7076/1113527
31	59	7075/1113527
31	60	7071/1109608
31	101	15/727468
31	195	7017/1112984
31	196	7097/1113638
31	199	7030/1075732
31	204	13/112782
31	205	14/112782
31	218	7013/92610
31	236	2/727469
31	453	7304/1136547
31	481	7303/1136547	Only that part of the lot not affected by public work being development for Silver Sands holiday Park. Contains a surf club, car park, drainage infrastructure, concrete revetment wall, cycle ways, skate park, filling, landscaping, roads, stormwater infrastructure, that public work being subject to clause 5.
31	487	7033/92651	Only that part of the lot not affected by public work being part of Stan Payne Oval. Site subject to major earthworks in 1938-40 associated with an air base, that public work being subject to clause 5.
31	490	4922/1151963	Only that part of the lot not affected by public work being part of Stan Payne Oval. Site subject of major earthworks in 1938-40 associated with an air base. Also contains cricket oval, drainage, car park, training area for fire fighters, road and pathways, that public work being subject to clause 5.
31	748	2/1012063	Only that part of the lot not affected by a road, that road being subject to clause 7.
31	828	7040/1052589	Only that part of the lot not affected by public work being part of the site occupied by wetland infrastructure, cycleway, amenities, tracks, boardwalk and beach access, that public work being subject to clause 5.
31	829	7093/1113518	Only that part of the lot not affected by public work including board walk and beach access, that public work being subject to clause 5.
31	873	2/1012063	Only that part of the lot not affected by a road, that road being subject to clause 7.
31	889	7028/1113043	Only that part of the lot not affected by public work being Kalimna Park infrastructure including amenities such as fixed tables, chairs and barbeques and landscaping, that public work being subject to clause 5.
31	898	517/755624
31	899	9/43/758403
31	901	10/43/758403
31	902	11/43/758403
31	903	12/43/758403
31	904	13/43/758403
31	905	14/43/758403
31	906	15/43/758403
31	907	16/43/758403
31	908	17/43/758403
31	909	18/43/758403
31	910	19/43/758403
31	911	3/44/758403
31	912	1/44/758403
31	913	2/44/758403
31	919	7064/1095755
31	921	7063/1095754
31	925	5/247154
31	1098	7026/1112980	Only that part of the lot not affected by public work being South Evans Head Drainage Reserve and associated infrastructure, that public work being subject to clause 5.
31	1146	7027/1112996	Only that part of the lot not affected by public work being original quarry and currently including Razor Back lookout and Shark Bay. Contains roads, car park, lookout, marine rescue facilities, playground equipment, fixed tables, chairs and barbeques, shelters, quarry, landscaping and amenities, that public work being subject to clause 5.
31	1153	7089/1113373
31	1155	1/40/758403
31	1156	2/40/758403
31	1157	3/40/758403
31	1158	4/40/758403
31	1159	5/40/758403
31	1160	Unidentified Land adjoining Ocean Road and Allot 5 Lot 40 DP 758403
31	1968	7098/1113382
32	1	29/755608
32	2	30/755608
32	3	32/755608
32	4	31/755608
32	5	1/755617
32	6	2/755617
32	17	Unidentified Land as shown on the maps at Annexure B (Adjoining Lot 23 DP755608)	Only that part of the lot not affected by a road, that road being subject to clause 7.
32	22	Unidentified land as shown on the maps at Annexure B (Adjoining Lot 137 DP755620)	Only that part of the lot not affected by a road, that road being subject to clause 7.
33	18	34/755622 (Auto consol 15183-189
33	20	22/755620
33	34	7001/92538
33	54	102/755605
33	55	Unidentified land to the south-west of lot 44 in deposited plan 704327 (Adjoining Lot 26 DP755622)
33	56	7004/92539
33	58	94/755605
33	60	7300/1145531
33	64	52/755632
34	2	139/755620
34	3	Land adjoining Lot 141 in Deposited Plan 755620	Only that part of the lot not affected by a road, that road being subject to clause 7.
34	4	Land adjoining Lot 139 in Deposited Plan 755620	Only that part of the lot not affected by a road, that road being subject to clause 7.
34	13	Land adjoining Lot 48 in Deposited Plan 755632	Only that part of the lot not affected by a road, that road being subject to clause 7.
34	15	50/755632
34	16	Land adjoining Lot 50 in Deposited Plan 755632	Only that part of the lot not affected by a road, that road being subject to clause 7.
34	17	53/755632
34	19	Land adjoining Lot 52 and 53 in Deposited Plan 755632	Only that part of the lot not affected by a road, that road being subject to clause 7.
34	20	Land adjoining Lot 47 in Deposited Plan 755632	Only that part of the lot not affected by a road, that road being subject to clause 7.
34	23	Land adjoining Lots 134 and 153 in Deposited Plan 755620	Only that part of the lot not affected by a road, that road being subject to clause 7.
34	25	Land adjoining Lot 91 in Deposited Plan 755632	Only that part of the lot not affected by a road, that road being subject to clause 7.
34	26	Land adjoining Lots 49, 50, 48, 51 and 33 in Deposited Plan 755632	Only that part of the lotnot affected by a road, that road being subject to clause 7.
34	30	Land adjoining Lots 44 and 64 in Deposited Plan 755632	Only that part of the lot not affected by a road, that road being subject to clause 7.
34	32	59/755620
34	33	Land adjoining State Forest and near Lot 13 in Deposited Plan 755620	Only that part of the lot not affected by a road, that road being subject to clause 7.
34	34	Land adjoining Lot 153 in Deposited Plan 755620
35	11	34/755601
35	34	7300/1144154
35	51	29/755615
35	60	31/755610
35	61	Unidentified land adjoining lot 31 in Deposited Plan 755610
35	62	30/755610
35	63	33/755615
35	64	Unidentified land adjoining Lots 32 and 31 in Deposited Plan 755615
35	65	43/ 755615	Only that part of the lot that is reserved under the National Parks and Wildlife Act (NSW) (1974) at the date of this determination
35	66	Unidentified Land adjoining Lots 30, 31, 32, 33, 43, 46, 47, 49 and 50 in Deposited Plan 755615
35	67	46/755615
35	68	47/755615	Only that part of the lot that is reserved under the National Parks and Wildlife Act (NSW) (1974) at the date of this determination
35	69	50/755615	Only that part of the lot that is reserved under the National Parks and Wildlife Act (NSW) (1974) at the date of this determination
35	70	31/ 755615
35	71	30/755615
35	72	7003/92715
35	73	4/755632
35	74	Physics Creek and Bungawalbin Creek
36	4	36/755610
36	6	Unidentified land as shown on the maps at Annexure B (Adjoining lot 36 DP755610
36	7	37/755610
36	11	12/755610
36	12	53/755615
36	13	Unidentified land as shown on the maps at Annexure B (within Lot 53 DP755615)
36	21	Jackybulbin Creek - Parish of Lawrence County of Clarence
37	1	Lot 20 in Deposited Plan 755610
37	5	Lot 11 in Deposited Plan 755610
37	7	Lot 4 in Deposited Plan 247562
37	8	Lot 3 in Deposited Plan 247562
37	9	Lot 2 in Deposited Plan 247562
37	23	Land Adjoining Lot 5 and 2 in Deposited Plan 755613
37	27	38/755614
37	34	7301/1143242
38	9	1/755613
38	10	3/755613
39	18	Lot 7300 in Deposited Plan 1143399
39	19	Lot 8 in Deposited Plan 755617
39	25	Part of Myall Creek (Non-Tidal)
39	26	Part of Camira Creek (Non-Tidal)
39	27	Part of Camira Creek (Non-Tidal)
40	2	7001/92548
40	12	Unidentified land as shown on the maps at Annexure B (Adjoining Lot 73 DP755605)
40	13	Unidentified land as shown on the maps at Annexure B (Adjoining Lot 73 DP755605)
40	14	Unidentified land as shown on the maps at Annexure B (Adjoining Lot 73 DP755605)
40	33	Unidentified land as shown on the maps at Annexure B (Adjoining Lot 36 DP755605)
40	34	Unidentified land as shown on the maps at Annexure B (Adjoining Lot 1 DP653466)
40	73	Unidentified land as shown on the maps at Annexure B (within Lot 11A DP12978)	Only that part of the lot not affected by a road, that road being subject to clause 7.
40	74	Unidentified land as shown on the maps at Annexure B (within Lot 11A DP12978)	Only that part of the lot not affected by a road, that road being subject to clause 7.
40	75	Unidentified land as shown on the maps at Annexure B (within Lot 11A DP12978)	Only that part of the lot not affected by a road, that road being subject to clause 7.
40	78	7301/1145531
40	97	36/755619
40	100	7300/1144180
40	101	14/755619
40	102	39/755619	Only that part of the lot not affected by public work being the Whiporie Landfill and transfer depot, that public work being subject to clause 5.
40	126	Unidentified land as shown on the maps at Annexure B
40	127	Unidentified land as shown on the maps at Annexure B
41	1	54/755632
41	2	Unidentified land within Lots 54, 46, 20, 12, 11, 3, 9, 10, 7, 2, 39in DP 755632
41	8	Unidentified land as shown on the maps at Annexure B (Adjoining Lot 8 DP751357)
41	28	Unidentified land within 6/755619
41	29	Unidentified land as shown on the maps at Annexure B (Adjoining Lot 6 DP755619)	Only that part of the lot not affected by a road, that road being subject to clause 7.
41	32	20/755619
41	49	Part Myall Creek (in the Parishes of Whiporie and Myall, County of Richmond) Non-tidal
41	50	Part Mangrove Creek (in the Parish of Richmond, County of Clarence) Non-tidal
41	53	Unidentified land adjoining Lot 31 in DP 755619 as shown on the maps at Annexure B	Only that part of the lot not affected by a road, that road being subject to clause 7.
42	1	Unidentified land adjoining Lots 30 and 31 in Deposited Plan 755619 and lot 1 in Deposited Plan 751367
42	2	Unidentified land as shown on the maps at Annexure B
42	3	Unidentified land adjoining Lots 49, 35, 34, 21, 19 and 17 in Deposited Plan 755615
42	19	54/755615
42	41	1/751367
42	45	Mangrove Creek
43	1	53/755615
43	2	10/755629
43	3	Unidentified land adjoining 10/755629 and 53/755615
43	4	30/755629
43	5	1/1134934
44	1	Unidentified as shown on the maps at Annexure B (Adjoining Lot 50 DP755617)
45	1	Unidentified land as shown on the maps at Annexure B (Adjoining Banyabba Creek)
45	2	Unidentified land as shown on the maps at Annexure B (Adjoining Lot 12A DP12978 and Lot 90 DP755605
45	3	54/751357
45	4	50/751357
45	5	52/751357
45	6	48/751357
45	7	47/751357
45	8	45/751357
45	9	Unidentified land as shown on the maps at Annexure B (Adjoining Lot 45 DP751357)
45	14	46/751357
45	15	40/751357
45	36	Saltwater Creek Non Tidal
45	37	Travellers Rest Creek Non Tidal
45	38	Banyabba Creek Non Tidal
45	40	Unidentified land adjoining Lots 11, 15, 16, 31 and 46 in DP 751357, as shown on the maps at Annexure B
45	41	Unidentified land adjoining Lots 47, 50 and 54 in DP 751357, as shown on the maps at Annexure B
45	42	Unidentified land adjoining Lots 1 and 25 in DP 751357 as shown on the maps at Annexure B as shown on the maps at Annexure B
46	48	67/751382
46	49	55/751357
46	50	7002/96614
46	51	235/751377
46	55	Unidentified closed road adjoining Lot 21 DP751357 as shown on the maps at Annexure B	Only that part of the lot not affected by a road, that road being subject to clause 7.
46	56	Unidentified closed road adjoining Lot 20 DP751357 as shown on the maps at Annexure B	Only that part of the lot not affected by a road, that road being subject to clause 7.
46	57	51/751357
46	58	19/751357
46	59	8/751357
46	60	56/751357
46	61	67/751382
46	62	Unidentified land adjoining lot 20 DP 751357 and Lot 8 DP751357 as shown on the maps at Annexure B
46	63	70/751382	Only that part of the lot that is reserved under the National Parks and Wildlife Act (NSW) (1974) at the date of this determination
46	64	71/751382
46	65	Unidentified land adjoining Lots 12 and 16 in DP 839379, as shown on the maps at Annexure B
46	70	41/751357
46	71	Unidentified land marked as 4-2390 as shown on the maps at Annexure B. Land adjoins Lots 20 and 21 in DP 751357.
47	4	70/751382	Only that part of the lot that is reserved under the National Parks and Wildlife Act (NSW) (1974) at the date of this determination
47	5	71/751382	Only that part of the lot that is reserved under the National Parks and Wildlife Act (NSW) (1974) at the date of this determination
48	26	64/751387
48	27	65/751387
48	28	70/822811
48	31	63/751387
48	39	7001/1054575
48	49	Part Sportsman Creek (Non- Tidal) as shown on the maps at Annexure B
49	66	7005/1126962
49	67	7004/92576
49	86	Unidentified land adjoining Lot 222 in Deposited Plan 751377
50	15	316/751386
50	33	Land above Lot 265 DP751386 and below Lot 2 DP773689
50	34	265/751386
50	54	Land above Lot 7002 and below Lot 265 in DP751386 as shown on the maps at Annexure B
50	57	Unidentified land adjoining Lots 85 and 265 in DP 751386, as shown on the maps at Annexure B.
51	4	Crown Waterway – part Sportmans Creek
51	18	Crown Waterway Parish of Lawrence County Clarence (Former Tidal Inlet)
51	20	7300/1142472
51	44	Crown Waterway – Part of Warragai Creek
51	46	320/751386
51	47	321/751386
51	48	217/751386
51	56	7001/92577
51	57	355/751386
51	59	15/751386	Only that part of the lot that is reserved under the National Parks and Wildlife Act (NSW) (1974) at the date of this determination
51	78	81/751386
51	79	79/751386
51	80	Previously a reserve road now part of the State Forest. Land adjoining Lot 74 in DP751386 and lot 79 in DP751386	Only that part of the lot not affected by a road, that road being subject to clause 7.
51	81	74/751386
52	17	7003/92905
52	24	7002/92906
52	25	7003/92906
52	73	7015/93007
52	74	7301/1145476
52	75	268/1139113	Only that part of the lot not affected by a road, that road being subject to clause 7.
52	76	267/1139113
53	1	84/751386
53	3	40/751386
53	4	39/751386
53	5	43/751386
53	6	42/751386
53	7	7/820691	Only that part of the lot not affected by a road, that road being subject to clause 7.
53	8	80/751386
53	10	38/751386
53	11	29/751386
53	58	6/820691	Only that part of the lot not affected by a road, that road being subject to clause 7.
53	59	7/820691	Only that part of the lot not affected by a road, that road being subject to clause 7.

Annexure B to SCHEDULE ONE

MAP OF THE CONSENT DETERMINATION AREA

SCHEDULE TWO

OTHER RIGHTS AND INTERESTS

1. The rights and interests of Telstra Corporation Limited;

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

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

(i) to inspect land;

(ii) to install and operate telecommunications facilities; and

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

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

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

1. The rights and interests of an energy services corporation within the meaning of the Energy Services Corporations Act 1995 (NSW) to exercise functions, powers or rights in accordance with the laws of the State of New South Wales or Commonwealth and as owner and operator of electricity transmission facilities and associated infrastructure situated on the Consent Determination Area including but not limited to the right to enter the Consent Determination Area in order to access, use, install, maintain, repair, replace, upgrade or otherwise deal with facilities and infrastructure.

2. The rights and interests of the Richmond Valley Council, Clarence Valley Council and Lismore City Council under their local government jurisdiction and as entities exercising statutory powers in respect of the land and waters in their local government area, including existing access to public work.

3. The rights and interests of the Crown in right of the State of New South Wales.

4. The rights and interests granted or recognised by the State of New South Wales pursuant to statute or otherwise in the exercise of its executive power and under any regulations made pursuant to such legislation.

5. The rights and interests granted by the Commonwealth pursuant to statute or otherwise in the exercise of its executive power and under any regulations made pursuant to such legislation.

6. The rights or interests held by reason of the force and operation of the laws of the State of New South Wales or of the Commonwealth.

7. The rights and interests of New South Wales Aboriginal Land Council, Bogal Local Aboriginal Land Council, Casino-Boolangle Local Aboriginal Land Council, Jali Local Aboriginal Land Council, Ngulingah Local Aboriginal Land Council and/or Yaegl Local Aboriginal Land Council arising under the Aboriginal Land Rights Act 1983 (NSW) in relation to land which is subject to an undetermined Aboriginal land claim made by one or more of them under s.36 of the Aboriginal Land Rights Act 1983 (NSW), including the right of that Council or those Councils to have that claim determined according to law and, subject only to a determination that the land is claimable Crown land as defined in s.36(1) of that Act, the right to the transfer of an estate in fee-simple, which estate will be subject to any native title rights and interests existing in relation to the land immediately before the transfer, as described in s.36(9) of that Act.

8. The rights and interests of members of the public arising under the common law including but not limited to:

(a) the public right to fish;

(b) the public right to navigate;

9. The right 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.

10. So far as confirmed pursuant to sections 16 and 18 of the Native Title (New South Wales) Act 1994 as at the date of this determination, any existing public access to and enjoyment of:

(a) waterways;

(b) the beds and banks or foreshores of waterways;

(d) beaches;

(e) stock routes;

(f) areas that were public places at the end of 31 December 1993.

11. Any other:

(a) legal or equitable estate or interest in the land or waters of the Consent Determination Area; or

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

(i) the land or waters of the Consent Determination Area; or

(ii) an estate or interest in the land or waters of the Consent Determination Area.

SCHEDULE THREE

EXTERNAL BOUNDARIES

Description

All the land and waters with the area commencing at a point on the eastern boundary of Devils Pulpit State Forest, being a western boundary of Bundjalung National park at Latitude 29.254752° South; and extending generally south westerly and generally southerly passing through the following coordinate points.

Longitude (East)	Latitude (South)
153.264756	29.255241
153.227477	29.262587
153.192489	29.267155
153.167808	29.281629
153.144657	29.290681
153.113298	29.329522
153.093752	29.355259
153.077801	29.379187
153.068028	29.404464
153.064957	29.436957
153.062885	29.462769
153.053646	29.494724
153.043861	29.531731
153.043774	29.532011
153.043662	29.532373
153.043649	29.532705
153.042673	29.557416
153.042173	29.571270
153.040003	29.584791

Then southerly to the southern boundary of Lawrence Road road reserve at Longitude 153.040025° East; then generally south westerly along that road reserve to the prolongation easterly of the northern boundary of Lot 56 DP751386; then westerly to the north eastern corner of that lot; then southerly and generally westerly along the boundaries of that lot, southern boundaries of Lot 55 DP665203, Lot 2 DP373160 and Lot 10 DP820691 and onwards to the south eastern corner of Lot 53 DP751386; again westerly along the southern boundaries of that lot, Lot 11 DP113364 and again Lot 53 DP751386 to the eastern bank of Bunyip Creek; then westerly to the western bank of that creek at Latitude 29.607567° South; then generally north westerly and generally westerly along the bank of that creek to Longitude 152.935264° East; then north westerly to the western boundary of The Summerland Way road reserve at Latitude 29.614039° South; then generally northerly and generally north westerly along that road reserve and the western boundary of Khan Road road reserve to the eastern boundary of Lot 69 DP725852 (Gurranang State Conservation Area); then northerly, westerly and generally north westerly along boundaries of that lot to its northern most corner; again north westerly to the western bank of Sportsmans Creek at Latitude 29.432304° South; then generally north easterly, generally north westerly and generally westerly along the bank of that creek to Longitude 152.863356° East; again generally westerly and generally northerly passing through the following coordinate points.

Longitude (East)	Latitude (South)
152.862999	29.313041
152.862483	29.312881
152.862155	29.312824
152.861523	29.312760
152.861089	29.312768
152.860564	29.312826
152.860015	29.312978
152.861668	29.311168
152.861889	29.311039
152.862348	29.310682
152.862725	29.310435
152.863328	29.309955
152.863569	29.309875
152.864158	29.309429
152.864412	29.309379
152.864740	29.309249
152.865093	29.309155
152.865396	29.308983
152.865723	29.308760
152.865813	29.308660
152.866083	29.308157
152.866256	29.307745
152.866500	29.307267
152.866876	29.306828
152.866909	29.306600
152.866864	29.305951
152.866915	29.305531
152.867019	29.305202
152.867182	29.304696
152.867256	29.303150
152.867304	29.302835
152.867386	29.302519
152.867524	29.302182
152.867884	29.301557
152.868285	29.301206
152.868080	29.300955
152.867957	29.300847
152.867596	29.300626
152.867169	29.300196
152.866889	29.299988
152.866291	29.299702
152.865724	29.299510
152.865191	29.299360
152.864871	29.299203
152.864346	29.298902
152.864044	29.298788
152.864033	29.297992
152.863933	29.297246
152.863941	29.296866
152.863799	29.295296
152.863764	29.294364
152.863665	29.293876
152.863501	29.293360
152.863295	29.292995
152.863171	29.292730
152.863122	29.292515
152.863073	29.291521
152.862743	29.291181
152.861183	29.290086
152.860961	29.289915
152.860600	29.289578
152.860255	29.289206
152.859992	29.288812
152.859802	29.288325
152.859663	29.288117
152.859433	29.287895
152.858941	29.287523
152.858760	29.287343
152.858390	29.286684
152.858086	29.285889
152.857872	29.285581
152.857560	29.285223
152.857034	29.284743
152.856690	29.284571
152.856575	29.284543
152.856526	29.284485
152.856493	29.284485
152.856181	29.284314
152.855238	29.284064
152.854779	29.283979
152.854590	29.283915
152.855472	29.281518
152.855521	29.281518
152.855693	29.281417
152.855914	29.281223
152.856094	29.280994
152.856486	29.280369
152.856601	29.280097
152.857206	29.278977
152.857369	29.278755
152.857729	29.278410
152.857844	29.278259
152.857885	29.278108
152.857964	29.277390
152.858203	29.277312
152.858446	29.277197
152.858826	29.276967
152.859006	29.276759
152.859300	29.276292
152.859365	29.276120
152.859676	29.275632
152.859938	29.275059
152.860461	29.274577
152.860739	29.274261
152.861296	29.273493
152.861385	29.273279
152.861680	29.272990
152.862229	29.272579
152.862572	29.272164
152.862670	29.271999
152.862858	29.271504
152.863364	29.270428
152.863756	29.269223
152.863870	29.268749
152.863992	29.268426
152.864137	29.268233
152.863844	29.268025
152.863721	29.267846
152.863393	29.267488
152.863168	29.267336
152.863089	29.267338
152.863066	29.267311
152.862827	29.267367
152.862679	29.267546
152.862320	29.268135
152.862140	29.268343
152.862017	29.268429
152.861730	29.268587
152.861411	29.268595
152.861222	29.268545
152.861050	29.268445
152.860697	29.268137
152.859736	29.267150
152.859113	29.266655
152.858874	29.266526
152.858604	29.266462
152.858473	29.266462
152.858249	29.266516
152.857973	29.266685
152.857736	29.266980
152.857613	29.267188
152.857442	29.267626
152.857361	29.267998
152.857239	29.268880
152.857173	29.268938
152.857009	29.268953
152.856764	29.268896
152.855869	29.268502
152.855148	29.268274
152.854780	29.268194
152.852540	29.267575
152.852031	29.267493
152.851671	29.267511
152.851294	29.267477
152.851089	29.267427
152.850851	29.267291
152.850514	29.266933
152.850268	29.266625
152.850252	29.266568
152.850071	29.266410
152.849850	29.266331
152.849645	29.266310
152.849448	29.266325
152.849342	29.266418
152.849208	29.266654
152.848686	29.266312
152.848439	29.266118
152.848234	29.265889
152.848037	29.265596
152.847856	29.265180
152.847725	29.264986
152.847610	29.264865
152.846909	29.264310
152.846789	29.264149
152.846739	29.263961
152.846773	29.263603
152.846921	29.262848
152.846934	29.262729
152.846819	29.262485
152.846639	29.262213
152.846532	29.261861
152.846523	29.261559
152.846531	29.261302
152.846465	29.260987
152.846464	29.260671
152.846548	29.260301
152.846584	29.260211
152.846834	29.259577
152.846626	29.259308
152.846413	29.259158
152.846142	29.259015
152.846060	29.259001
152.845759	29.258854
152.845256	29.258615
152.844748	29.258443
152.844326	29.258250
152.844356	29.257961
152.844197	29.257002
152.844230	29.255845
152.844187	29.255604
152.843940	29.255275
152.843883	29.255024
152.843865	29.254378
152.843782	29.253716
152.843795	29.253382
152.843782	29.253231
152.843757	29.253152
152.843461	29.252708
152.843354	29.252400
152.843329	29.252199
152.843370	29.251927
152.843476	29.251647
152.843787	29.251116
152.842180	29.250300
152.840687	29.249542
152.840548	29.248403
152.840554	29.247768
152.840058	29.246517
152.839996	29.246322
152.839995	29.246136
152.840044	29.245935
152.840207	29.245462
152.840482	29.244857
152.840630	29.244100
152.840637	29.243663
152.840621	29.243146
152.840406	29.242797
152.840062	29.242411
152.839628	29.241967
152.839452	29.241847
152.839284	29.241746
152.838858	29.241560
152.838612	29.241374
152.837875	29.240989
152.837433	29.240717
152.837023	29.240374
152.836745	29.240253

Then westerly to the eastern boundary of an unnamed road reserve passing through Lot 2 DP755617 at Latitude 29.240187° South; then generally northerly along that road reserve to the southern boundary of Lot 31 DP755608; then westerly along the boundary of that lot to Longitude 152.847533° East; then generally northerly and generally north westerly and again generally northerly passing through the following coordinate points.

Longitude (East)	Latitude (South)
152.847541	29.215949
152.847524	29.215770
152.847393	29.215627
152.847188	29.215549
152.846845	29.215521
152.846599	29.215464
152.846378	29.215371
152.846173	29.215178
152.846058	29.214978
152.845771	29.214627
152.845714	29.214477
152.845707	29.214303
152.845542	29.214212
152.845329	29.213961
152.845083	29.213740
152.844780	29.213633
152.844518	29.213612
152.844216	29.213627
152.843913	29.213591
152.843700	29.213513
152.843348	29.213227
152.843299	29.213213
152.843282	29.213184
152.842881	29.213078
152.842669	29.213056
152.842546	29.213057
152.842225	29.213126
152.841883	29.212879
152.841760	29.212728
152.841670	29.212492
152.841655	29.212240
152.841759	29.211869
152.842150	29.211367
152.842240	29.211087
152.842264	29.210829
152.842214	29.210507
152.842083	29.210300
152.841984	29.210192
152.841624	29.209921
152.841559	29.209835
152.841559	29.209694
152.841607	29.209405
152.841836	29.209125
152.841925	29.208925
152.841966	29.208695
152.841858	29.208165
152.841866	29.207915
152.842037	29.207635
152.842152	29.207527
152.842470	29.207369
152.842691	29.207318
152.843280	29.207246
152.843353	29.207224
152.843419	29.207167
152.843451	29.207009
152.843426	29.206845
152.843352	29.206665
152.843262	29.206558
152.843074	29.206451
152.842747	29.206394
152.842566	29.206294
152.841838	29.206116
152.841716	29.206081
152.841159	29.205795
152.840873	29.205708
152.840782	29.205567
152.840618	29.205108
152.840462	29.204944
152.840118	29.204687
152.839766	29.204258
152.839429	29.203974
152.839103	29.203886
152.838563	29.203830
152.837998	29.203709
152.837793	29.203609
152.837449	29.203380
152.836647	29.202923
152.835149	29.202224
152.834495	29.202081
152.834344	29.202002
152.834069	29.201882
152.833734	29.201775
152.833374	29.201704
152.832662	29.201726
152.832098	29.201706
152.831820	29.201678
152.831468	29.201571
152.831451	29.201585
152.831116	29.201328
152.830903	29.201278
152.830214	29.201319
152.829905	29.201437
152.829137	29.201596
152.829006	29.201596
152.828821	29.201547
152.828368	29.201318
152.828196	29.201204
152.827957	29.200948
152.827819	29.200775
152.827638	29.200230
152.827523	29.200080
152.827220	29.199816
152.826974	29.199644
152.826672	29.199487
152.826639	29.199444
152.826524	29.199387
152.826189	29.199294
152.825780	29.199223
152.825664	29.199178
152.825379	29.199002
152.824969	29.198537
152.824715	29.198315
152.824404	29.198145
152.824191	29.198066
152.823897	29.198008
152.823463	29.197988
152.823210	29.197995
152.822686	29.198126
152.822498	29.198147
152.823050	29.195424
152.823491	29.194900
152.823630	29.194656
152.823743	29.194255
152.823776	29.194011
152.823775	29.193711
152.823726	29.193281
152.823511	29.192350
152.823339	29.191813

Then north westerly to a point on the western bank of Fullers Arm at Latitude 29.191710° South; then generally northerly along the bank of that watercourse to the southern bank of Cabbage Tree Creek; then generally westerly along the bank of that creek to Longitude 152.814088° East; then generally westerly and generally northerly passing through the following coordinate points.

Longitude (East)	Latitude (South)
152.813861	29.153762
152.813508	29.153669
152.813019	29.153627
152.812813	29.153592
152.812364	29.153399
152.812102	29.153342
152.811824	29.153328
152.811505	29.153264
152.811072	29.153050
152.810369	29.152635
152.810106	29.152449
152.809386	29.152028
152.809043	29.151849
152.808790	29.151735
152.808274	29.151628
152.807817	29.151615
152.807547	29.151680
152.806959	29.151953
152.806771	29.152003
152.806559	29.152003
152.806248	29.151918
152.806083	29.151897
152.805920	29.151918
152.805618	29.152026
152.801855	29.150298
152.801446	29.149740
152.801331	29.149425
152.800905	29.148738
152.800667	29.148172
152.800585	29.147886
152.800577	29.147521
152.800739	29.147126
152.800984	29.146868
152.801147	29.146596
152.801515	29.146251
152.801799	29.145921
152.802078	29.145498
152.802110	29.145341
152.802077	29.145033
152.802125	29.144682
152.802272	29.144488
152.802395	29.144244
152.802395	29.144087
152.802354	29.143979
152.802213	29.143865
152.801977	29.143722
152.801642	29.143622
152.801544	29.143529

Then northerly to a point on the southern bank of Four Mile Creek at Longitude 152.801515° East; then generally westerly and generally south westerly along the bank of that creek to the southern boundary of an unnamed road reserve passing through Lot 77 DP755635 at Latitude 29.149361° South; then generally north westerly along that road reserve and onwards to the western boundary of Seery Road road reserve; then generally north easterly along that road reserve to the southern boundary of Wyan Creek Road road reserve; then generally north westerly and generally northerly along that road reserve to the northern bank of Myrtle Creek; then generally north easterly along the bank of that creek to Latitude 29.123443° South; then generally north westerly and generally northerly passing through the following coordinate points.

Longitude (East)	Latitude (South)
152.791725	29.123079
152.790751	29.122685
152.790030	29.122263
152.789457	29.121833
152.789212	29.121704
152.788819	29.121432
152.788057	29.120974
152.787582	29.120522
152.787402	29.120308
152.786862	29.119591
152.786338	29.118760
152.785904	29.118380
152.785609	29.118166
152.784938	29.117734
152.784992	29.116953
152.785081	29.115383
152.785151	29.113813
152.785201	29.112243
152.785233	29.110911
152.785255	29.109578
152.785261	29.108245
152.785245	29.106913
152.785201	29.105582
152.785118	29.104097
152.785005	29.102613
152.784862	29.101130
152.784689	29.099651
152.784485	29.098178
152.784461	29.098034
152.784137	29.096550
152.783767	29.095068
152.783335	29.093602
152.782831	29.092168
152.782239	29.090781
152.781828	29.089996
152.781372	29.089233
152.780898	29.088477
152.780436	29.087715
152.780017	29.086933
152.779549	29.085958
152.779100	29.084967
152.778691	29.083959
152.778348	29.082936
152.778092	29.081901
152.777935	29.080715
152.777898	29.079504
152.777939	29.078279
152.778017	29.077051
152.778092	29.075832
152.778188	29.074439
152.778328	29.073047
152.778493	29.071656
152.778667	29.070266
152.778832	29.068876
152.779052	29.067100
152.779297	29.065326
152.779535	29.063551
152.779736	29.061775
152.779869	29.059995
152.779935	29.057926
152.779933	29.055850
152.779869	29.053773
152.779747	29.051699
152.779573	29.049635
152.779434	29.048358
152.779270	29.047083
152.779086	29.045810
152.778889	29.044539
152.778684	29.043270
152.778395	29.041569
152.778086	29.039871
152.777755	29.038176
152.777403	29.036486

Then northerly to the north eastern corner of the south western severance of Lot 65 DP755636, a point on the southern boundary of Busbys School Road road reserve; then generally north westerly and generally westerly along that road reserve to the north western corner of the southern severance of Lot 13 DP755636; then northerly to and along the western boundary of the northern severance of that lot and onwards to the northern bank of Busbys Creek; then generally easterly and generally north westerly along the bank of that creek and the western bank of Lollback Creek to the northern boundary of Lot 36 DP755604; then westerly along the boundary of that lot to the western boundary of Wyan Alice Road road reserve; then generally northerly, easterly and generally south easterly along that road reserve to Longitude 152.792097° East; then generally easterly and generally north easterly passing through the following coordinate points.

Longitude (East)	Latitude (South)
152.793252	29.033441
152.793561	29.033551
152.794120	29.033241
152.794433	29.033167
152.794744	29.033147
152.795881	29.033123
152.796474	29.032822
152.797056	29.032529
152.797639	29.032232
152.798219	29.031933
152.798797	29.031630
152.799359	29.031336
152.799921	29.031041
152.800482	29.030742
152.801037	29.030435
152.801586	29.030118
152.802086	29.029812
152.802582	29.029497
152.803075	29.029176
152.803565	29.028851
152.804053	29.028526
152.805118	29.027812
152.806172	29.027085
152.807221	29.026349
152.808267	29.025608
152.809311	29.024865
152.809824	29.024503
152.810338	29.024143
152.810850	29.023780
152.811357	29.023412
152.811859	29.023034
152.812524	29.022524
152.813188	29.022009
152.813839	29.021478
152.814462	29.020921
152.815044	29.020328
152.815436	29.019857
152.815800	29.019362
152.816151	29.018855
152.816504	29.018350
152.816876	29.017861
152.817952	29.016658
152.819118	29.015529
152.820319	29.014428
152.821502	29.013310
152.822609	29.012130
152.823065	29.011581
152.823509	29.011022
152.823947	29.010459
152.824389	29.009897
152.824839	29.009344
152.825482	29.008629
152.826159	29.007937
152.826830	29.007244
152.827464	29.006527
152.828025	29.005762
152.828333	29.005258
152.828621	29.004742
152.828891	29.004214
152.829143	29.003677
152.829379	29.003135
152.829616	29.002576
152.829846	29.002009
152.830054	29.001435
152.830223	29.000856
152.830336	29.000270
152.830386	28.999750
152.830404	28.999220
152.830389	28.998688
152.830338	28.998159
152.830255	28.997644
152.830079	28.997083
152.829914	28.996518
152.829764	28.995949
152.829625	28.995377
152.829503	28.994801
152.829379	28.994232
152.829255	28.993657
152.829150	28.993081
152.829089	28.992506
152.829094	28.991939
152.829184	28.991311
152.829347	28.990683
152.829568	28.990061
152.829831	28.989454
152.830116	28.988873
152.830366	28.988431
152.830645	28.988005
152.830943	28.987588
152.831248	28.987174
152.831548	28.986760
152.832092	28.986035
152.832663	28.985327
152.833235	28.984621
152.833782	28.983900
152.834275	28.983147
152.834654	28.982479
152.835009	28.981793
152.835338	28.981093
152.835639	28.980382

Then north easterly to the northern boundary of an unnamed road reserve passing through lot 2 DP832403, south of Mongogarie Creek at Longitude 152.835913° East; then generally easterly along that road reserve to the northern boundary of Lot 1 DP113913; again generally easterly along the boundaries of that lot and again the northern boundary of that unnamed road reserve to the western boundary of another unnamed road reserve, west of Cherry Tree Creek; then generally northerly along the boundary of that road reserve to Latitude 29.956606° South; then north easterly to the western most corner of Lot 111 DP755618; then northerly along the boundary of that lot to the northern boundary of an unnamed road reserve passing through that lot; then generally north easterly and generally easterly along the boundary of that road reserve and the boundary of Hogarth Range Road road reserve to the western boundary of Mongogarie Road road reserve; then generally northerly, generally easterly and generally north easterly along that road reserve to the western boundary of the Nor-coa Railway reserve; then generally north easterly along that railway reserve to the southern boundary of Shannon Brook Road; then northerly to the south western corner of Lot 1 DP180967; then north easterly and south easterly along boundaries of that lot to again the western boundary of the Nor-coan Railway reserve; then generally north easterly along that railway reserve to the prolongation easterly of the southern boundary of Lot 108 DP755633; then westerly along that prolongation to the southern most corner of that lot; then generally north easterly along the boundary of an unnamed road reserve west of Nor-coa Railway reserve to the southern boundary of Lot 167 DP755627; then easterly and generally northerly along boundaries of that lot and the eastern boundary of Lot 7001 DP1059064 to its eastern most north eastern corner; then north easterly to the south western corner of Lot 72 DP755627; then north westerly and generally easterly along the boundary that lot and western and northern boundaries of Lot 73 DP755627 to the western boundary of Lot 101 DP971685; then generally northerly along boundaries of that lot to the southern boundary of Bennett Street road reserve; then westerly along that road reserve to the prolongation southerly of the eastern boundary of Walker Street road reserve; then generally northerly to and along that road reserve to the southern boundary of Light Street road reserve, then easterly along that road reserve and onwards to the eastern boundary of East Street road reserve, then northerly to the southern boundary of Hare Street road reserve, then easterly along that road reserve and onwards to the prolongation southerly of the eastern boundary of Boundary Street road reserve, then northerly to and along that road reserve to the southern boundary of Hartley Street road reserve, then easterly along that road reserve to the prolongation southerly of the eastern boundary of Grays Lane road reserve, then generally northerly to and along that road reserve and the eastern boundary of Short Street road reserve to the southern boundary of Johnston Street; then easterly along that road reserve to the prolongation southerly of the eastern boundary of Dyraaba Street road reserve, then generally northerly and westerly to and along that road reserve to the southeast corner of Lot 3 DP859772; then generally northerly along the boundary of that lot, the eastern boundary of Lot 101 DP828533; southern and eastern boundaries of Lot 318 DP755727 to the north eastern corner of Lot 318 DP755727; then north westerly to the northern boundary of Spring Grove Road road reserve at 153.069353 East°; then generally north easterly and generally northerly along that road reserve and the western boundary of Pratts Road road reserve to the north eastern corner of the southern severance of Lot 2 DP707496; then easterly along the prolongation of the northern boundary of that severance to the eastern boundary of Pratts Road road reserve; again generally northerly and generally easterly along that road reserve to the prolongation southerly of the western boundary of Lot 9 DP114205; then northerly to the south western corner of that lot and easterly along the southern boundary of that lot to the western boundary of Lot 194 DP755742; then northerly and easterly along boundaries of that lot to the southwest corner of Lot 184 DP755742; then northerly and easterly along boundaries of that lot and onwards to the eastern boundary of Gores Road road reserve; then generally south easterly along that road reserve to the western boundary of an unnamed road reserve north of Lot 11 DP845649; then northerly and easterly along that road reserve to the western boundary of Lot 10 DP845649; then northerly along the boundary of that lot to the northern bank of Pelican Creek; then generally south easterly along the bank of that creek to the northern boundary of Lot 2 DP866264; then generally easterly and southerly along boundaries of that lot to the northern boundary of Caniaba Road road reserve; then easterly along that road reserve to again the northern bank of Pelican Creek; again generally south easterly along the bank of that creek to Longitude 153.194725° East; then easterly to north western corner of Lot 105 DP755736; then southerly and easterly along boundaries of that lot to again the northern bank of Pelican Creek; again generally south easterly along the bank of that creek to the western boundary of Lot 145 DP755736; then southerly and generally south easterly along boundaries of that lot, southern boundaries of Lot 125 DP755736, Lot 13 DP113663 and Lot 14 DP113663 to the north western corner of Lot 4 DP122848; then generally southerly and generally south easterly along boundaries of that lot, northern and eastern boundaries of Lot 2 DP534003 to again the northern bank of Pelican Creek; then generally south easterly again along the bank of that creek to the western boundary of Lot 139 DP755736; then generally southerly and generally south easterly along the boundary of that lot, western boundary of Lot 2 DP594856, western and southern boundaries of Lot 4 DP739070 and northern and eastern boundaries of Lot 259 DP728186 to an eastern bank of again Pelican Creek; then generally southerly and generally south easterly along the bank of that creek to the southern bank of the Wilsons River; then northerly to the northern bank of that river at Longitude 153.295028° East; then generally easterly and generally southerly along the bank of that river to the northern boundary of Delelvin Lane road reserve; then generally easterly along that road reserve and northerly along the western boundary of Tuckurimba Road road reserve to the prolongation westerly of the northern boundary of Paffs Lane road reserve; then easterly to and along that road reserve and the northern boundary of Lot 2 DP114827 to again the northern boundary of Paffs Lane roads reserve; again generally easterly again along that road reserve and the northern boundary of Maxwell Road road reserve and onwards to the eastern boundary of Wyrallah Road road reserve; then southerly along that road reserve to the northern boundary of Dungarubba Road road reserve; then easterly along that road reserve to the southern boundary of Lot 1 DP627659; then generally easterly along boundaries of that lot, southern and eastern boundaries of Lot 154 DP755691, southern boundary of Lot 170 DP755691, southern and western boundaries of Lot 1 DP115382, southern boundary of Lot 227 DP755691, northern and eastern boundaries of Lot 162 DP755691, western, southern and eastern boundaries of Lot 226 DP755691 to the prolongation westerly of the southern boundary of Lot 126 DP755691, then generally easterly to and along boundaries of that lot, western and northern boundaries of Lot 29 DP755691 to the western bank of the Tuckean Broadwater; then generally south easterly along the bank of that broadwater to the western bank of the Richmond River; then generally south westerly along the bank of that river to Latitude 29.012574° South; then south easterly to the north western corner of Lot 9, Section 5 DP2769, being the northern boundary of McDonald Street road reserve; then generally south easterly along that road reserve, northern and eastern boundaries of the Broadwater Evans Head Road road reserve and northern boundary of Broadwater Beach Road road reserve and onwards to the High Water Mark of the South Pacific Ocean; then generally southerly along that high water mark to Latitude 29.262076° South; then generally westerly passing through the following coordinate points back to the commencement point.

Longitude (East)	Latitude (South)
153.360841	29.262077
153.358195	29.261741
153.354467	29.261408
153.350453	29.261418
153.346922	29.261166
153.342022	29.261097
153.335250	29.261115
153.330938	29.261468
153.328489	29.261474
153.326235	29.261741
153.323896	29.260799
153.319573	29.260981
153.313098	29.260735
153.309566	29.260057
153.303778	29.258780
153.296623	29.258462
153.286520	29.256237

The application excludes any area within the external boundary of native title determination application NSD6034/98 Bandjalang People #1 (NC96/16) as accepted for registration on 16 February 2000.

The application does not include any area which was not previously claimed by NSD6107/98 Bandjalang People #2 (NC98/19).

Note

Data Reference and source

• Application boundary compiled by National Native Title Tribunal.

• Cadastre data (CADLite) sourced from Public Sector Mapping Agency (2007).

• Roads based on casement data sourced from Dept of Lands, NSW (2006). Some road names have been sourced from Dept of Lands, GeoSpatial portal (GSP) website.

• Rivers and Creeks based on casement data sourced from Dept of Lands, NSW (2006) where available or topographic image data (1:100K) supplied by Geoimage Pty Ltd under licence from Geoscience Australia. Image data is © Commonwealth of Australia.

Reference datum

Geographical coordinates have been provided by the NNTT Geospatial Services and are referenced to the Geocentric Datum of Australia 1994 (GDA94), in decimal degrees and are based on the spatial reference data acquired from the various custodians at the time

Use of Coordinates

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION	NSD 6034 of 1998 NSD 6107 of 1998

BETWEEN:

BANDJALANG PEOPLE NO 1

BANDJALANG PEOPLE NO 2

Applicant

AND:

THE NSW ATTORNEY GENERAL AS THE STATE MINISTER FOR NEW SOUTH WALES AND OTHERS

Respondent

JUDGE:	JAGOT J
DATE:	2 DECEMBER 2013
PLACE:	EVANS HEAD

REASONS FOR JUDGMENT

INTRODUCTION

1 The importance of what is about to happen today for the Bandjalang people cannot be overstated. Today, after some seventeen years, the Bandjalang people will at last be recognised for what, in fact, they have always been, the traditional owners of the land identified in the two amended applications for determinations of native title lodged on behalf of the Bandjalang people known as the Bandjalang No 1 and Bandjalang No 2 claims. Every party to the proceedings consents to the making of orders which embody these acts of recognition and, in so doing, has given effect to that part of the Preamble to the Native Title Act 1993 (Cth) (the NTA) which records that “the common law of Australia recognises a form of native title that reflects the entitlement of the indigenous inhabitants of Australia, in accordance with their laws and customs, to their traditional lands”.

2 Your combined efforts and achievements in reaching this result will justifiably give rise to a real and well deserved sense of pride and celebration. That is only right. I know the work of the parties over the past months has been tireless and that as problems and issues have arisen, as they always do, the parties have dealt with them constructively and sensibly, not losing sight of the ultimate goal.

3 In this time of celebration, however, we should not overlook the fact that this process has taken seventeen years to complete. The matters have been through the hands of five judges of the Court. One of those judges, the esteemed Hely J who heard preservation evidence in 2002, subsequently passed away. So too the original applicant on both claims, Lawrence Wilson, did not live to see this day. We, who together are responsible for managing the legislative scheme for the determination of native title applications in New South Wales, should not forget on this day, of all days, that the past injustices which the Preamble to the NTA identifies have led to Aboriginal peoples and Torres Strait Islanders being “as a group, the most disadvantaged in Australian society” are not rectified as that Act contemplates by assuming that the express overarching purpose of all of the civil practice and procedure provisions of the Court do not apply to native title applications. The overarching purpose, with which all parties and their lawyers must act consistently, as set out in ss 37M and 37N of the Federal Court of Australia Act 1976 (Cth), is to facilitate the just resolution of disputes, according to law, and as quickly, inexpensively and efficiently as possible.

4 The fact that the NTA embodies a scheme emphasising the importance of outcomes based on agreement rather than judicial imposition, if at all possible, should act to support and promote the conduct of native title matters in a way which routinely ensures that disputes are resolved by agreement and according to law, and as quickly, inexpensively and efficiently as possible. There is no conflict between these schemes and, indeed, the overarching purpose should enhance the operation of the NTA as contemplated. To date in New South Wales, however, there have been only two determinations by consent of native title. Today, we will see the third and fourth determinations made. The passing of seventeen years to obtain this result is not what either statute contemplates. Failure to recognise and redress this reality will undermine the objects of both statutes. Renewed dedication to ensuring that native title disputes are resolved justly, according to law, and as quickly, inexpensively and efficiently as possible is required. That dedication, and the flexibility of mind to see constructive resolutions and new ways of doing things, which I do see in the terms of the proposed determinations in the present case, is a responsibility we share. It is not only my hope, but also my expectation, that the work which has enabled these determinations to be made today will enable future outcomes of a similar kind to be more readily achievable.

THE RELEVANT POWERS AND PROVISIONS

5 Section 87(1) of the NTA permits the Court, at any stage of proceedings after the end of the period specified in the notice given under s 66, to make an order in or consistent with the terms of an agreement between the parties without holding a hearing where:

(a) agreement is reached between the parties on the terms of an order of the Federal Court in relation to:

(i) the proceedings; or

(ii) a part of the proceedings; or

(iii) a matter arising out of the proceedings; and

(b) the terms of the agreement, in writing signed by or on behalf of the parties, are filed with the Court; and

6 By s 87(1A) the Court may, if it appears appropriate to do so, act in accordance with whichever of the succeeding provisions is applicable in the particular case.

7 Section 87(5) provides that that if such an order makes a determination of native title the order may also give effect to terms of the agreement that involve matters other than native title and is the applicable provision in the present case. It follows that the orders may be made provided that the requirements of ss 87(1) and 87(1A) are satisfied.

8 In the present case the notice periods under s 66 of the NTA have ended and agreement has been reached between the parties on the terms of orders in relation to both proceedings. The terms of the agreement have been recorded in writing, signed on behalf of all parties, and filed with the Court. The parties, accordingly, seek orders pursuant to s 87(5) making determinations of native title and other matters.

9 As explained by Keane CJ in King on behalf of The Eringa Native Title Claim Group v State of South Australia (2011) 285 ALR 454; [2011] FCA 1386 (Eringa), s 87(1)(c) requires the order to be within the power of the Court. As a consequence, the provisions of s 223, 225 and 94A of the NTA are called up for consideration.

10 Section 223(1) informs us that:

The expression native title or native title rights and interests means the communal, group or individual rights and interests of Aboriginal peoples or Torres Strait Islanders 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 or Torres Strait Islanders; and

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

11 By s 94A an “order in which the Federal Court makes a determination of native title must set out details of the matters mentioned in section 225 (which defines determination of native title)”.

12 Section 225 provides that:

A determination of native title is 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

(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 interests confer possession, occupation, use and enjoyment of that land or waters on the native title holders to the exclusion of all others.

13 In Eringa at [16] Keane CJ explained that it is important to explain why these statutory requirements have been satisfied because orders recognising native title have effect not only as between the parties but also as between all people within Australia. At [19] Keane CJ observed that:

…the court has been prepared to rely upon the processes of the relevant State or Territory about the requirements of s 223 being met to be satisfied that the making of the agreed orders is appropriate. That is because each State and Territory has developed a protocol or procedure by which it determines whether native title (as defined in s 223) has been established. It acts in the public interest and as the public guardian in doing so. It has access to anthropological, and where appropriate, archaeological, historical and linguistic expertise. It has a legal team to manage and supervise the testing as to the existence of native title in the claimant group. Although the court must, of course, preserve to itself the question whether it is satisfied that the proposed orders are appropriate in the circumstances of each particular application, generally the court reaches the required satisfaction by reliance upon those processes.

14 At [20] Keane CJ cited with approval the observations of North J in Lovett (on behalf of the Gunditjmara People) v Victoria [2007] FCA 474 at [36]-[37] where this was said:

The Act [Native Title Act] is designed to encourage parties to take responsibility for resolving proceeding without the need for litigation. Section 87 must be construed in this context. The power must be exercised flexibly and with regard to the purpose for which the section is designed.

In this context, when the court is examining the appropriateness of an agreement, it is not required to examine whether the agreement is grounded on a factual basis which would satisfy the Court at a hearing of the application. The primary consideration of the Court is to determine whether there is an agreement and whether it was freely entered into on an informed basis: Nangkiriny v State of Western Australia (2002) 117 FCR 6; [2002] FCA 660; Ward v Western Australia [2006] FCA 1848. Insofar as this latter consideration applies to a State party, it will require the Court to be satisfied that the State party has taken steps to satisfy itself that there is a credible basis for an application: Munn v Queensland (2001) 115 FCR 109; [2001] FCA 1229.

15 Under s 56 of the NTA, “[o]ne of the determinations that the Federal Court must make is whether the native title is to be held in trust, and, if so, by whom”. Section 56(2) sets out the steps the Court must take in respect of that determination.

APPROPRIATE TO MAKE ORDERS?

16 I am satisfied that it is appropriate to make the orders sought. There is no question that the relevant procedural requirements are satisfied. Equally, the evidence which has been adduced by the parties discloses that they have reached an agreement freely and on a properly informed basis.

17 The native title claim group consists of the descendants, both biological and adopted, of 12 apical ancestors who identify as and are accepted to be Bandjalang people in accordance with the traditional laws and customs of those people. The claims relate to land on the north coast of New South Wales at and around Evans Head.

18 As the affidavit of Janet Moss, solicitor for the State of New South Wales (the State), discloses, anthropological and linguistic evidence was provided by the applicants to the State in support of the Bandjalang claims as early as 1992. In the same year evidence was given before Hely J by two members of the claim group. Thereafter, sixteen members of the claim group provided statements in support of the claim. A supplementary anthropological report was also provided. The State retained another anthropologist to review all of the material with which it had been provided. The State also had available to it expert assistance from an in-house anthropologist and historian. The State raised issues of concern to it which were addressed thereafter including through further anthropological and historical reports and material and amendments to the applications. The State also had available to it legal advice from the Crown Solicitor’s Office and counsel, both senior and junior. By 2009 the State had the benefit of counsel’s advice that it could be satisfied that there was a cogent and credible basis for a consent determination recognising non-exclusive native title rights and interests of the Bandjalang people within the claim areas.

19 These conclusions are consistent with the opinions expressed in other affidavits. Michael Bennett, historian, who has been involved in the preparation of material to support the claims since June 2002 has expressed the opinion that the present Bandjalang people are “the descendants of the Bandjalang apical ancestors whose predecessors at sovereignty exercised and held rights and interests which have as their source a system of traditional law and custom which continues to be binding upon and observed by Bandjalang People”. Simon Correy, anthropologist, has been involved in these claims since 2002. He has expressed the opinion that the “Bandjalang People of the present are the same Bandjalang group who at sovereignty exercised and held rights and interests which have as their source a system of traditional law and custom which continues to be binding upon and observed by Bandjalang People”.

20 It will be apparent that these opinions directly engage the relevant requirements for the establishment of native title rights and interests. Keane CJ summarised those requirements in Eringa at [3] as follows:

1. that the claim group comprises a society united in and by their acknowledgement and observance of a body of accepted laws and customs; and

2. that the present day body of accepted laws and customs of the society in essence is the same body of laws and customs acknowledged and observed by the ancestors or members of the society adapted to modern circumstances; and

3. that the acknowledgement and observance of those laws and customs has continued substantially uninterrupted by each generation since sovereignty, and that the society has continued to exist throughout that period as a body united in and by its acknowledgement and observance of those laws and customs.

21 In the joint submissions which have been filed and signed by the parties it is recorded that the parties propose that the rights and interests that should be recognised in the claim areas to be the subject of the determinations are non-exclusive rights to: (a) hunt, fish and gather the traditional natural resources for non-commercial, personal and domestic use, (b) take and use waters, (c) access and camp, (d) conduct ceremonies, teach the physical, cultural and spiritual attributes of places and areas of importance on or in the land and water, and have access to, maintain and protect from physical harm sites which are of significance to the Bandjalang people under their traditional laws and customs.

22 The proposed determinations reflect this agreement. The proposed determinations identify the land, the holders of native title, the nature and extent of their non-exclusive native title rights and interests, limits on and exclusions from those rights and interests, and the relationship between those rights and interests and other interests. The determinations also propose that the native title be held on trust by the Bandjalang Aboriginal Corporation Prescribed Body Corporate (the Corporation). The affidavits of Victoria Edwards, solicitor, disclose that this Corporation, registered under the Corporations (Aboriginal and Torres Strait Islanders) Act 2006 (Cth) on 13 August 2013, was nominated to hold the native title on trust at a meeting of the claim group on 25 October 2013. The Corporation accepted this nomination on the same day. Otherwise, the requirements of s 56(2) of the NTA are satisfied and, pursuant to s 87(5), the determinations should include this part of the terms agreed between the parties.

CONCLUSIONS

23 Agreement having been reached between all parties and all substantive and procedural requirements having been met, orders should be made which recognise the native title rights and interests of the Bandjalang people in accordance with the proposed consent determinations. I note the matters set out in those proposed determinations and make orders accordingly.

I certify that the preceding twenty-three (23) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Jagot.

Associate:

Dated: 2 December 2013

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