FEDERAL COURT OF AUSTRALIA

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

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

(c)    collectively the areas described at (a) and (b) above are the "Consent Determination Area".

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;

(c)    the right to access and camp on 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.

(c)    the native title is subject to extinguishment by:

(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).

(c)     (i)     the day use area at Broadwater Beach in Broadwater National Park;

        (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;

(c)    coastal waters;

(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:

(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 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;

(c)    the right to access and camp on 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.

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.

(c)    the native title is subject to extinguishment by:

(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 (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);

(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; 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;

(c)    coastal waters;

(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