FEDERAL COURT OF AUSTRALIA

Coulthard v State of South Australia [2014] FCA 124

Citation:

Coulthard v State of South Australia [2014] FCA 124

Parties:

VINCENT COULTHARD AND OTHERS NAMED IN THE SCHEDULE OF PARTIES v STATE OF SOUTH AUSTRALIA AND OTHERS NAMED IN THE SCHEDULE OF PARTIES

File number:

SAD 6001 of 1998

Judge:

WHITE J

Date of judgment:

25 February 2014

Catchwords:

NATIVE TITLE – consent determination – approach to resolution by agreement of claims for determination of native title whether orders under s 87A of the Native Title Act 1993 (Cth) appropriate and within the Court’s power

Legislation:

Native Title Act 1993 (Cth), ss 55, 56, 61, 66, 87, 87A, 94A, 223, 225

Cases cited:

Adnyamathanha No 1 Native Title Claim Group v The State of South Australia [2009] FCA 358

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

Brown (on behalf of the Ngarla People) v State of Western Australia [2012] FCAFC 154; (2012) 208 FCR 505

De Rose v State of South Australia (No 2) [2005] FCAFC 110; (2005) 145 FCR 290

Members of the Yorta Yorta Aboriginal Community v State of Victoria [2002] HCA 58; (2002) 214 CLR 422

Munn for and on behalf of the Gunggari People v State of Queensland [2001] FCA 1229; (2001) 115 FCR 109

King v State of South Australia [2011] FCA 1386; (2011) 285 ALR 454

Lovett on behalf of the Gunditjmara People v State of Victoria [2007] FCA 474

Risk v Northern Territory of Australia [2006] FCA 404

Smith v Western Australia [2000] FCA 1249; (2000) 104 FCR 494

Date of hearing:

25 February 2014

Place:

Ikara

Division:

GENERAL DIVISION

Category:

Catchwords

Number of paragraphs:

48

Counsel for the Applicants:

Mr Graham Harbord and Mr Richard Bradshaw

Solicitor for the Applicants:

Johnston Withers

Counsel for the State of South Australia:

Mr Peter Tonkin

Solicitor for the State of South Australia:

Crown Solicitor’s Office (SA)

Counsel for the Flinders Ranges Council:

Mrs Rosemary Craddock

Solicitor for the Flinders Ranges Council:

Rosemary H Craddock

Counsel for Sinosteel Uranium SA Pty Ltd and PepinNini Resources Curnamona Pty Ltd:

Ms Julia Dnistrianski

Solicitor for Sinosteel Uranium SA Pty Ltd and PepinNini Resources Curnamona Pty Ltd:

Finlaysons

Counsel for Epic Energy South Australia Pty Ltd:

Mr Ewan Vickery

Solicitor for Epic Energy South Australia Pty Ltd:

Minter Ellison

Counsel for the Pastoralists:

Mr Tim Mellor

Solicitor for the Pastoralists:

Mellor Olsson

Counsel for South Australian Native Title Services Ltd:

Mr Andrew Beckworth

Solicitor for South Australian Native Title Services Ltd:

South Australian Native Title Services Ltd

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY

GENERAL DIVISION

SAD 6001 of 1998

ADNYAMATHANHA NATIVE TITLE CLAIM

BETWEEN:

VINCENT COULTHARD AND OTHERS NAMED IN THE SCHEDULE OF PARTIES

Applicant

AND:

STATE OF SOUTH AUSTRALIA AND OTHERS NAMED IN THE SCHEDULE OF PARTIES

Respondent

JUDGE:

WHITE J

DATE OF ORDER:

25 february 2014

WHERE MADE:

IKARA

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

1.    There be a determination of native title rights and interests over part of the area covered by the Adnyamathanha No 1 Native Title Determination Application, being the area described in Schedule 1 to the Orders annexed hereto and marked “A”, in the terms set out in those Orders.

2.    There be a determination of native title rights and interests over part of the area covered by the Adnyamathanha No 1 Native Title Determination Application, being the area described in Schedule 1 to the Orders annexed hereto and marked “B”, in the terms set out in those Orders.

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

SCHEDULE OF PARTIES

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY

GENERAL DIVISION

SAD 6001 of 1998

ADNYAMATHANHA NATIVE TITLE CLAIM

Applicants

Applicant:    THATHY (GERALDINE) ANDERSON

Applicant:    ANGELINA STUART

Applicant:    BEVERLEY PATTERSON

Applicant:    STEWART PATTERSON

Applicant:    GORDON SAMUEL COULTHARD

Applicant:    MARK MCKENZIE

Applicant:    IRENE KEMP

Applicant:    RHONDA GEPP-KENNEDY

Applicant:    EDWARD LANDERS

Applicant:    DAVID MUNGERANNIE

Applicant:    SYLVIA STUART

Applicant:    MICHAEL ANDERSON

Applicant:    ROGER JOHNSON

Applicant:    MARK MCKENZIE (SNR)

Applicant:    ANGELINA STUART

Respondents

Respondent:    DISTRICT COUNCIL OF ORROROO/CARRIETON

Respondent:    PETERBOROUGH DISTRICT COUNCIL

Respondent:    THE FLINDERS RANGES COUNCIL

Respondent:    AESTAS PTY LTD

Respondent:    ALPANA PTY LTD

Respondent:    AJ & PA MCBRIDE PTY LTD

Respondent:    MARGARET CAMPBELL DOMAN

Respondent:    FREDERICK SPENCER HOWE DOMAN

Respondent:    ELSPETH MARY DOMAN

Respondent:    ANDREW SPENCER DOMAN

Respondent:    CR & S PTY LTD

Respondent:    COMMODORE STATION PTY LTD

Respondent:    RICHARD BURY

Respondent:    DENIS F BEST

Respondent:    THOMAS ALASTAIR DOMAN

Respondent:    JILL LARRITT

Respondent:    IAN C FERGUSON NOMINEES PTY LTD

Respondent:    HGM PASTORAL PTY LTD

Respondent:    FRANCIS CAPOWIE PTY LTD

Respondent:    BRENTON JOHN LUCKRAFT

Respondent:    MOOLOOLOO PROPRIETORS PTY LTD

Respondent:    JAMES RANEMBE MORGAN

Respondent:    MUTOOROO PASTORAL COMPANY PTY LTD

Respondent:    ANNE NEED

Respondent:    GRAHAM ANDREW RAGLESS

Respondent:    QUINYAMBIE PASTORAL CO PTY LTD

Respondent:    PARTACOONA PAST CO PTY LTD

Respondent:    ORATANA PTY

Respondent:    OLARY INVESTMENTS PTY LTD

Respondent:    NILPENA PARTNERS

Respondent:    PAULINE ANN RAGLESS

Respondent:    RICHARD WILLIAM RAGLESS

Respondent:    RETEP PTY LTD

Respondent:    PHILLIP LEONARD SEARLE

Respondent:    SOUTH AUSTRALIAN FARMERS FEDERATION

Respondent:    GRISELDA SPRIGG

Respondent:    DOUGLAS P SPRIGG

Respondent:    MARGARET SPRIGG

Respondent:    TEETULPA PASTORAL CO PTY LTD

Respondent:    DAVID JOHN WARWICK

Respondent:    RICHARD MARCHANT WARWICK

Respondent:    WITCHELINA PTY LTD

Respondent:    WOODLENE PTY LTD

Respondent:    DJ SMITH

Respondent:    PO SMITH

Respondent:    JA SMITH

Respondent:    WARREN FARGHER

Respondent:    JO SMITH

Respondent:    WINNIFRIED FARGHER

Respondent:    PA SMITH

Respondent:    CATHERINE DRIVER

Respondent:    JULIE RESCHKE

Respondent:    WILLIAM RESCHKE

Respondent:    DARREL FARGHER

Respondent:    ROY DRIVER

Respondent:    REX FARGHER

Respondent:    UNIMIN AUSTRALIA LIMITED

Respondent:    PERILYA LTD

Respondent:    MAGNESIUM DEVELOPMENTS LIMITED

Respondent:    EQUINOX RESOURCES NL

Respondent:    EPIC ENERGY SOUTH AUSTRALIA PTY LTD

Respondent:    HEATHGATE RESOURCES PTY LTD ACN 011 018 32

Respondent:    KEVIN CLARENCE WEDDING

Respondent:    ALLIANCE PETROLEUM AUSTRALIA PTY LTD

Respondent:    BASIN OIL PTY LTD

Respondent:    SOUTH AUSTRALIAN APIARISTS ASSOCIATION INC

Respondent:    VAMGAS PTY LTD

Respondent:    YUNTA DISTRICT HALL INC

Respondent:    DESERT RIDERS INC

Respondent:    COPLEY AND DISTRICT PROGRESS ASSOCIATION INC

Respondent:    BLINMAN PROGRESS ASSOC INC

Respondent:    BELTANA SPORT & SOCIAL PROGRESS ASSOC INC

Respondent:    C H KETTLE

Respondent:    RJ KETTLE

Respondent:    ORIGIN ENERGY RESOURCES LIMITED

Respondent:    BRIDGE OIL DEVELOPMENTS PTY LTD

Respondent:    REEF OIL PTY LTD

Respondent:    SANTOS (BOL) PTY LTD

Respondent:    SANTOS PETROLEUM PTY LTD

Respondent:    DELHI PETROLEUM PTY LTD

Respondent:    SANTOS LTD

Respondent:    URANIUM ONE AUSTRALIA PTY LTD

Respondent:    SOUTH AUSTRALIAN NATIVE TITLE SERVICES LTD

Respondent:    MERIDIAN RESOURCES PTY LTD ACN 107 376 385

Respondent:    EXCO OPERATIONS (SA) LTD ACN 105 161 564

Respondent:    HAVILAH RESOURCES NL

Respondent:    TASMAN RESOURCES LTD

Respondent:    SYDNEY WILLIAM NICHOLLS

Respondent:    PEPINNINI RESOURCES CURNAMONA PTY LTD

Respondent:    SINOSTEEL URANIUM SA PTY LTD

Respondent:    TELSTRA CORPORATION LIMITED

Respondent:    SANTOS (NARNL COOPER) PTY LTD

Respondent:    SA POWER NETWORKS (FORMERLY KNOW AS ETSA UTILITIES)

Respondent:    SOUTH AUSTRALIAN NATIVE TITLE SERVICES LTD

annexure a

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY

GENERAL DIVISION

SAD 6001 of 1998

ADNYAMATHANHA NATIVE TITLE CLAIM

BETWEEN:

VINCENT COULTHARD AND OTHERS NAMED IN THE SCHEDULE OF PARTIES

Applicant

AND:

STATE OF SOUTH AUSTRALIA AND OTHERS NAMED IN THE SCHEDULE OF PARTIES

Respondent

JUDGE:

WHITE J

DATE OF ORDER:

25 february 2014

WHERE MADE:

ikara

THE COURT NOTES THAT:

A.    This determination covers certain parts of the land and waters subject to the Adnyamathanha No 1 Native Title Determination Application (SAD 6001 of 1998) (“the Adnyamathanha No 1 Claim”) which are not covered by the consent determinations on 30 March 2009. The area considered for the recognition of native title in this determination is described in Schedule 1, Part 1 of this determination.

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

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

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

E.    The Parties have agreed that the prospective registered native title body corporate, Adnyamathanha Traditional Lands Association (Aboriginal Corporation) RNTBC, may have liberty to apply to seek a variation of the determination of native title in this matter, as it relates to pastoral improvements, in the event that the ruling of the Federal Court of Australia in De Rose v South Australia (No 2) [2005] FCAFC 110; (2005) 145 FCR 290 with respect to pastoral improvements is overturned, set aside or otherwise found to be an incorrect legal ruling by the High Court of Australia in the context of an appeal to the High Court of Australia from the decision of the Federal Court of Australia in Brown (on behalf of the Ngarla People) v State of Western Australia [2012] FCAFC 154; (2012) 208 FCR 505.

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

G.    The following areas within the external boundaries of the Adnyamathanha No 1 Native Title Claim remain to be considered:

(a)    That area overlapped by the Ngadjuri Nation Native Title Claim (SAD 147 of 2010);

(b)    That area overlapped by the Malyangapa Peoples Native Title Claim (SAD 251 of 2013);

(c)    That area to the east of the Ngadjuri Nation claim and south of this determination area (described by the parties as Area F); and

(d)    The area of the Adnyamathanha No 3 Native Title Claim (SAD 69 of 2010).

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

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

2.    In this determination, the “Determination Area” means those parts of the area of the Adnyamathanha No 1 Claim as are described in Schedule 1, Part 2 (and shown in the maps forming part of that Schedule), apart from those excluded areas which are described in Paragraph 18 and in Schedule 2.

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

Existence of Native Title

4.    Subject to Paragraphs 13 to 18 herein, native title exists in the Determination Area.

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

The Native Title Holders

6.    The Native Title Holders are those living Aboriginal persons who are described in Schedule 3 who:

(a)    identify as Adnyamathanha; and

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

Native title rights and interests

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(i)    spouses of Native Title Holders; or

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

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

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

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

10.    The native title rights and interests are for personal, domestic and non-commercial communal use.

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

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

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

For the avoidance of doubt, the native title rights and interests expressed in Paragraph 7(f) is subject to the Natural Resources Management Act 2004 (SA).

Nature and extent of the other rights and interests and Relationship with Native Title

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

(a)    The rights and interests within the Determination Area created by the pastoral leases described in Schedule 5;

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

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

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

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

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

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

(ii)    created pursuant to the Post and Telegraph Act 1901 (Cth), the Telecommunications Act 1975 (Cth), the Australian Telecommunications Corporation Act 1989 (Cth), the Telecommunications Act 1991 (Cth) and the Telecommunications Act 1997 (Cth), including:

(1)    to inspect land;

(2)    to install and operate existing and new telecommunications facilities;

(3)    to alter, remove, replace, maintain, repair and ensure the proper functioning of its existing and any new telecommunications facilities, including cabling, customer terminal sites and ancillary facilities; and

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

(iv)    under any leases, licences, access agreements or easements relating to its telecommunications facilities in the Determination Area;

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

(i)    as:

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

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

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

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

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

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

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

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

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

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

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

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

(c)    the rights and interests:

(i)    of Perilya Freehold Mining Pty Ltd and Australian Coloured Oxides Pty Ltd, as holders of exploration licence EL 5367, granted pursuant to the Mining Act 1971 (SA) and as holders of any renewal or any subsequent exploration licence granted pursuant to the Mining Act 1971 (SA);

(ii)    of Perilya Limited and Minotaur Operations Pty Ltd, as holders of exploration licence EL 4388, granted pursuant to the Mining Act 1971 (SA) and as holders of any renewal or any subsequent exploration licence granted pursuant to the Mining Act 1971 (SA); and

(iii)    for the holders of the interests in paragraphs (i) and (ii), their respective employees, agents or contractors to enter the Determination Area to access those interests and to do all things necessary to exercise their rights in respect of those interests in the vicinity of the Determination Area.

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

(i)    to exercise its entitlements and discharge its obligations as the owner and/or operator of electricity infrastructure (as defined in the Electricity Act 1996 (SA)) ("Electricity Act") and telecommunications facilities and infrastructure on the Determination Area including but not limited to the electricity infrastructure identified in Schedule 6 ("Existing Infrastructure");

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

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

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

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

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

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

(e)    the rights and interests of The Flinders Ranges Council:

(i)    under the Local Government Act 1934 (SA) and the Local Government Act 1999 (SA);

(ii)    as an entity exercising statutory powers in respect of land and waters within the Determination Area; and

(iii)    in relation to dedicated land placed under its care, control and management pursuant to the Crown Land Act 1929 (SA) or the Crown Land Management Act 2009 (SA).

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

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

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

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

(b)    in the event of inconsistency, the Other rights and interests prevail over the native title rights and interests and any exercise of the native title rights and interests, but do not extinguish them;

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

16.    For the avoidance of doubt, the relationship between the Aboriginal-held interests listed in Item 1 of Schedule 4 and the native title rights and interests in the Determination Area that are described in Paragraphs 7 and 9 is governed by the non-extinguishment principle as defined in section 238 of the Native Title Act.

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

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

(b)    Petroleum, as defined in section 4 of the Petroleum and Geothermal Energy Act 2000 (SA); or

(c)    a naturally occurring underground accumulation of a regulated substance as defined in section 4 of the Petroleum and Geothermal Energy Act 2000 (SA), below a depth of 100 metres from the surface of the earth; or

(d)    a natural reservoir, as defined in section 4 of the Petroleum and Geothermal Energy Act 2000 (SA), below a depth of 100 metres from the surface of the earth; or

(e)    geothermal energy, as defined in section 4 of the Petroleum and Geothermal Energy Act 2000 (SA) the source of which is below a depth of 100 metres from the surface of the earth.

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

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

(ii)    thermal energy contained in a hot or natural spring is not geothermal energy as defined in section 4 of the Petroleum and Geothermal Energy Act 2000 (SA);

(iii)    the absence from this order of any reference to a natural reservoir or a naturally occurring accumulation of a regulated substance, as those terms are defined in section 4 of the Petroleum and Geothermal Energy Act 2000 (SA), above a depth 100 metres below the surface of the earth or geothermal energy the source of which is above a depth of 100 metres below the surface of the earth is not, of itself, to be taken as an indication of the existence or otherwise of native title rights or interests in such natural reservoir, naturally occurring accumulation of a regulated substance or geothermal energy.

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

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

AND THE COURT MAKES THE FOLLOWING FURTHER ORDERS:

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

21.    Adnyamathanha Traditional Lands Association (Aboriginal Corporation) RNTBC is to:

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

(b)    perform the functions mentioned in section 57(3) of the Native Title Act after becoming the registered native title body corporate in relation to the Determination Area.

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

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

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

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

(d)    to address, if appropriate, any changes to paragraphs 13 and 14 in light of the decision of the High Court of Australia in State of Western Australia v Brown and Others (No P37 of 2012) HCA as it relates to pastoral improvements.

SCHEDULE 1 - Description and Maps of the Determination Area

Schedule 1, Part 1 –Area considered for this Consent Determination

Comprises the following non-contiguous areas:

1)    The land within the boundary formed by the following line; Commencing at point being the intersection of the northern boundary of Holowilena South Pastoral Lease - Block 1233, OH(Parachilna) with the eastern boundary of the Hundred of Adams; northerly along the eastern boundaries of the Hundreds of Adams and Warcowie (through Holowilena, Worumba and Shaggy Ridge Pastoral Leases) to the northern boundary of Shaggy Ridge Pastoral Lease - Block 1071, Hundreds of Warcowie & French; north-easterly along the northern boundary of Shaggy Ridge Pastoral Lease and the northern boundary Black Hill Pastoral Lease - Section 11, Hundred of French; northerly along the western boundary of Willippa Pastoral Lease - Section 12 Hundred of French; north-westerly along the western boundary of the western portion of Saltia Pastoral Lease - Section 14, Hundred of French; generally north-westerly along the southern boundaries of Mt Havelock Pastoral Lease - Block 671, Hundreds of French and Warcowie; north-westerly along the western boundary of Prelinna Pastoral Lease - Allotment 2028 in Deposited Plan 36240; north-westerly along the north-eastern boundaries of Section 40, Hundred of Warcowie; north-westerly along the western boundaries of the western portion of Mannawarra Pastoral Lease - Piece 2029 in Deposited Plan 36240 to the southern boundary of Flinders Ranges National Park - Allotment 25 in Filed Plan 40683; generally north-westerly along the southern & western boundaries of the Flinders Ranges National Park - Allotment 25 in Filed Plan 40683, Section 333, OH(Parachilna), Section 148, Hundred of Edeowie, Section 177, Hunderd of Bunyeroo (and across roads) to the southern corner of Section 163, Hundred of Bunyeroo; northerly along the western boundary of the said Section 163 to its northern corner; generally north-westerly along the western boundaries of the Flinders Ranges National Park – Section 177, Hundred of Bunyeroo (and across road) and Section 61, Hundred of Parachilna to the north-western corner of the said Section 61, and production across road to the southern boundary of Allotment 208 in Deposited Plan 86294; easterly along the southern boundary of the said Allotment 208 to the western boundary of Werta Pastoral Lease - Block 1162, OH(Parachilna); north-westerly along the western boundaries of Werta Pastoral Lease, Alpana Pastoral Lease - Section 4, Hundred of Oratunga; north-westerly along the south-western boundaries of Mt Falkland Pastoral Lease - Section 7, Hundred of Oratunga; westerly along the southern boundary of Mt Falkland Pastoral Lease - Section 121, Hundred of Parachilna, Motpena Pastoral Lease – Sections 73, 72 (and across road); westerly along the southern boundary of Section 91, Hundred of Parachilna; westerly along the southern boundaries of Motpena Pastoral Lease - Sections 71, 116, 117 and 69, Hundred of Parachilna, (and across railway & roads) to an eastern boundary of Motpena Pastoral Lease - Section 644, OH(Parachilna); southerly along the said eastern boundary of Motpena Pastoral Lease and the eastern boundary of Wintabatinyana Pastoral Lease - Block 782, OH(Parachilna) to the south-eastern corner of Wintabatinyana Pastoral Lease; westerly and southerly along southern and eastern boundaries of Wintabatinyana Pastoral Lease to the north-eastern corner of Lake Torrens Pastoral Lease - Block 761, OH(Parachilna); southerly along the eastern boundary of said Lake Torrens Pastoral Lease to its intersection with the north-western corner of Section 15, Hundred of Cotabena; easterly, along the northern boundary of the said Section 15 to its north-eastern corner at Longitude 138.095145 East and across road to the north-western corner of Section 12, Hundred of Cotabena; easterly and south-westerly along the northern and south-eastern boundaries of said Section 12 to its south-eastern corner; south-easterly across road to the western-most corner of Section 13, Hundred of Cotabena; north-easterly to the northern-most corner of the said Section 13; generally south-easterly, along the north-eastern and south-eastern boundaries of the said Section 13 to the northern boundary of Wallerberdina Pastoral Lease - Section 3, Hundred of Cotabena; south-easterly, north-easterly, easterly and southerly along northern and eastern boundaries of Wallerberdina Pastoral Lease (including production across roads and railway) - Section 3, Pieces 55 and 54 in Deposited Plan 46041, Hundred of Cotabena; southerly along the western boundary of the Hundred of Wonoka to its intersection with the north-west corner of Section 153, Hundred of Wonoka; north-easterly and south-easterly along the northern boundaries of the said Section 153; south-westerly along the south-eastern boundaries of Sections 153 & 152, Hundred of Wonoka to the western boundary of the said Hundred; southerly along the said Hundred boundary to the north-western corner of Section 150, Hundred of Wonoka; north-easterly along the north-western boundaries of Sections 150 & 151, Hundred of Wonoka; easterly along the northern boundaries of Sections 151 & 148, Hundred of Wonoka; southerly along the eastern boundary of the said Section 148 and its production across road to the northern boundary of Section 144, Hundred of Wonoka; north-easterly along the northern boundaries of Sections 144 & 133 (including across road); southerly and westerly along the eastern & southern boundaries of the said Section 133 (and production across road) to the south-eastern boundary of the said Section 144; south-westerly along the south-eastern boundaries of Sections 144 and 558, Hundred of Wonoka and across road to the eastern-most corner of Section 140, Hundred of Wonoka; generally south-easterly across road to the northern-most corner of Section 138, Hundred of Wonoka and along the north-eastern boundaries of Sections 138, 137, the northern boundaries of Allotment 1000 in Deposited Plan 75556, Section 80 (and across road to the north-western corner of Section 81), Sections 81, 549, 577 and 84, Hundred of Wonoka; south-westerly along the south-eastern boundaries of Sections 84, 82 (and across road) and Section 78, Hundred of Wonoka; north-westerly along the south-western boundary of the said Section 78; generally westerly along the southern boundaries of the said Allotment 1000 in Deposited Plan 75556; southerly along the eastern boundary of the Hundred of Barndioota to the south-eastern corner of Section 76, Hundred of Barndioota; westerly along the southern boundaries of the said Section 76 (and across road) and Section 149, Hundred of Barndioota; northerly along the western boundary of the said Section 149 and its production across road to its intersection with the southern boundary of Section 101, Hundred of Barndioota; westerly, north-easterly and easterly along the southern, western and northern boundaries of said Section 101; easterly along the northern boundary of Section 102, Hundred of Barndioota; northerly along the eastern boundary of the Hundred of Barndioota to its intersection with the easterly production, across road, of the southern boundary of Section 156, Hundred of Barndioota; westerly along the said production and southern boundaries of Section 156 (and across road), Section 158 and the northern boundary of Section 123, Hundred of Barndioota; generally south-westerly, westerly, northerly and north-easterly along the south-eastern, southern, western and north-western boundaries of Section 265, Hundred of Barndioota to a north-western corner of the said Section 265 at Longitude 138.206146 East; north-westerly across road to the southern-most corner of Section 263, Hundred of Barndioota; north-westerly and generally north-easterly along the south-western and north-western boundaries of the said Section 263 and production across road to the northern boundary of the Hundred of Barndioota, being the southern boundary of Wallerberdina Pastoral Lease - Section 3, Hundred of Cotabena; along the said Hundred boundary to the north-western corner of the Hundred of Barndioota; southerly along the eastern boundary of the Hundred of Warrakimbo to the south-eastern corner of Section 8, Hundred of Warrakimbo (Wallerberdina Pastoral Lease); westerly & northerly along the southern & western boundaries of Wallerberdina Pastoral Lease – the said Section 8 (and across road) to the southern boundary of Lake Torrens Pastoral Lease (the south-eastern corner of Section 7, Hundred of Warrakimbo); westerly along the southern boundary of Lake Torrens Pastoral Lease – the said Section 7; southerly and westerly along eastern & southern boundary of Lake Torrens Pastoral Lease – Section 5, Hundred of Warrakimbo; southerly along the western boundary of the Hundred of Warrakimbo to its intersection with Latitude 31.857750 South; then generally south-easterly in straight lines passing through the following coordinate points

Longitude (East)

Latitude (South)

137.942965

31.856559

137.958719

31.856996

137.994602

31.863111

138.042738

31.874469

138.063305

31.886264

138.089999

31.912040

138.099626

31.936941

138.099701

31.939800

138.103127

31.939012

138.107051

31.939014

138.111211

31.941853

138.109141

31.944335

138.105826

31.947525

138.117049

31.951432

138.120373

31.952143

138.124942

31.952500

138.124104

31.949308

138.124931

31.947889

138.127003

31.946117

138.132402

31.946120

138.134892

31.945412

138.153560

31.937973

138.155221

31.937619

138.161443

31.934785

138.174308

31.931244

138.188838

31.929123

138.198804

31.928419

138.211680

31.929490

138.220833

31.935878

138.223745

31.938007

138.227073

31.940137

138.232058

31.940849

138.242444

31.942273

138.260722

31.944764

138.279414

31.946191

138.292288

31.946198

138.299764

31.946556

138.315548

31.947628

138.331754

31.951537

138.337576

31.954732

138.346311

31.960411

138.355047

31.966090

138.373335

31.972128

138.395761

31.972848

138.408634

31.972499

138.416527

31.973213

138.424422

31.974990

138.431141

31.978027

138.437337

31.995211

138.442017

32.006022

138.456590

32.032049

138.462606

32.040925

138.469157

32.048265

138.486804

32.061946

138.500173

32.067352

138.507926

32.069420

138.516462

32.070776

138.754592

32.035611

The latter point being the south-western corner of Three Creeks Pastoral Lease – Block 838, OH(Orroroo); generally easterly along the southern boundaries of the said Three Creeks Pastoral Lease; generally south-easterly, northerly and north-westerly along the southern, eastern and northern boundaries of Holowilena South Pastoral Lease – Block 1233, OH(Orroroo & Parachilna) to its intersection with the eastern boundary of the Hundred of Adams being the point of commencement.

2)    That portion within the external boundary of Allotment 24 in Deposited Plan 42203 (Murnpeowie Pastoral Lease) as follows; commencing at intersection of the shoreline of Lake Callabonna with the southern bank of Yerila Creek; then generally south-westerly along the said southern bank of Yerila Creek to its intersection with Longitude 139.659150 East; then south to the intersection of the northern boundary of Moolawatana Pastoral Lease - Block 1229, OH(Callabonna) with Longitude 139.659150 East, then easterly, northerly, and easterly along the southern boundaries of the said Allotment 24 to a corner on the southern boundary at Longitude 139.971537 East, Latitude 29.694925 South; then northerly to the western shoreline of Lake Callabonna (at Longitude 139.971590 East, Latitude 29.642140 South); then westerly along the said shoreline of Lake Callabonna to the point of commencement.

3)    Commencing at the south-eastern corner of Frome Downs Pastoral Lease Block 1173, OH(Curnamona); then generally south-westerly along the southern boundaries of the said Frome Downs Pastoral Lease and Erudina Pastoral Lease – Block 891, OH(Curnamona & Parachilna) & Martins Well Pastoral Lease - Block 938, OH(Parachilna); then southerly & generally north-easterly along the western & southern boundaries of Glen Warwick Pastoral Lease – Block 1218, OH(Parachilna); then southerly and easterly along the western and southern boundaries of Curnamona Pastoral Lease – Allotment 403 in Deposited Plan 42207, OH(Parachilna & Curnamona) to the south-western corner of Glenorchy Pastoral Lease – Block 910, OH(Curnamona); then south-easterly along the southern boundary of the said Glenorchy Pastoral Lease to its intersection with Longitude 139.719547 East; then in straight lines passing through the following coordinate points

Longitude (East)

Latitude (South)

139.833014

31.824022

140.139892

31.495675

140.574604

31.337067

140.572369

31.330358

The latter coordinate being a point on the southern boundary of Quinyambie Pastoral Lease – Block 1252, OH(Curnamona); then generally westerly along the southern boundary of the said Quinyambie Pastoral Lease to the point of commencement.

4)    Those parcels excluded from the Adnyamathanha No.1 Consent Determination dated 30 March 2009 listed at Items 2 to 11 inclusive of Schedule 1, Appendix 2 of that determination apart from Allotment 207 in Filed Plan 43315 (Angepena Pastoral Lease, over which a determination of native title was made on 30 March 2009).

For the avoidance of doubt the area considered excludes the Adnyamathanha No.3 Native Title Claim (SAD 69 of 2010) Area, including the township of Hookina and any allotments which fall within the external boundaries of the Adnyamathanha No.3 Native Title Claim Area and sections 160, 161, 228 and 229 of the Hundred of Barndioota.

Reference datum

Geographical coordinates have been provided by the NNTT Geospatial services and geographical coordinates are referenced to the Geocentric Datum of Australia 1994 (GDA94), in decimal degrees.

Watercourses and waterbodies referenced to 1:250,000 Topographic Mapping Series 3 – sourced from Geoscience Australia.

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 of the custodians of cadastral and topographical 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.

Schedule 1, Part 2 – Areas where native title is recognised in this Consent Determination

(Determination Area)

    Out of Hundreds (Callabonna).

Portion of Murnpeowie Pastoral Lease (PE 2519 Crown Lease 1598/37) – being that portion of Allotment 24 in Deposited Plan 42203, within Part 1.

    Out of Hundreds (Curnamona).

Portion of Glenorchy Pastoral Lease (PE 2205 Crown Lease 1277/22) – being that portion of Block 910, within in Part 1;

Portion of Telechie Pastoral Lease (PE 2365 Crown Lease 1299/9) - being that portion of Block 947, within Part 1;

Portion of Billeroo West Pastoral Lease (PE 2300 Crown Lease 1286/12) – being that portion of Block 120, within Part 1;

Portion of Benagerie Pastoral Lease (PE 2359 Crown Lease 1292/4) – being that portion of Block 121, within Part 1.

    Out of Hundreds (Parachilna & Curnamona).

Curnamona Pastoral Lease (PE 2326 Crown Lease 1301/7) – Allotment 403 in Deposited Plan 42207.

    Out of Hundreds (Parachilna).

Glen Warwick Pastoral Lease (PE 2307A Crown Lease 1410/11) – Block 1218.

    Out of Hundreds (Parachilna & Orroroo) & Hundred of Adams.

Portion of Holowilena South Pastoral Lease (PE 2260A Crown Lease 1437/27) – being that portion of Block 1233, which was NOT formerly subject to Miscellaneous Lease 5011 (Crown Lease 72/51).

    Hundred of Adams.

Portion of Worumba Pastoral Lease (PE 2291 Crown Lease 1287/27) - being that portion of Block 840, within Part 1, which was also NOT formerly subject to Miscellaneous Lease 5011 (Crown Lease 72/51).

    Hundred of Adams & Warcowie.

Portion of Shaggy Ridge Pastoral Lease (PE 2335 Crown Lease 1290/34) - being that portion of Block 1071 within Part 1.

    Out of Hundreds (Copley).

Plan Type

Plan No

Parcel Type

Parcel No

Hundred Name

D

34087

A

2012

OH(COPLEY)

D

44831

Q

2

OH(COPLEY)

D

44831

Q

3

OH(COPLEY)

D

44831

Q

4

OH(COPLEY)

D

44831

Q

5

OH(COPLEY)

D

44831

Q

6

OH(COPLEY)

D

44831

Q

9

OH(COPLEY)

D

44831

Q

10

OH(COPLEY)

H

833900

S

129

OH(COPLEY)

H

833900

S

491

OH(COPLEY)

H

833900

S

1049

OH(COPLEY)

H

833900

S

1051

OH(COPLEY)

    Hundred of Carr.

Plan Type

Plan No

Parcel Type

Parcel No

Hundred Name

H

390200

S

360

CARR

H

390200

S

361

CARR

H

390200

S

362

CARR

H

390200

S

363

CARR

H

390200

S

364

CARR

    Town of Beltana and Land Adjacent and Suburban to Beltana.

Plan Type

Plan No

Parcel Type

Parcel No

Hundred Name

F

36653

A

8

OH(COPLEY)

F

36653

A

22

OH(COPLEY)

F

36653

A

38

OH(COPLEY)

F

36653

A

39

OH(COPLEY)

F

36653

A

47

OH(COPLEY)

F

36653

A

48

OH(COPLEY)

F

36653

A

134

OH(COPLEY)

F

36653

A

135

OH(COPLEY)

H

833900

S

684

OH(COPLEY)

H

833900

S

973

OH(COPLEY)

H

833900

S

974

OH(COPLEY)

T

833901

A

52

OH(COPLEY)

T

833901

A

53

OH(COPLEY)

T

833901

A

62

OH(COPLEY)

    Town of Cadnia (Plan Number 833902) and Land Adjacent to Cadnia.

Plan Type

Plan No

Parcel Type

Parcel No

Hundred Name

H

833900

S

1042

OH(COPLEY)

H

833900

S

1043

OH(COPLEY)

T

833902

A

21

OH(COPLEY)

T

833902

A

40

OH(COPLEY)

T

833902

A

44

OH(COPLEY)

T

833902

A

46

OH(COPLEY)

T

833902

A

48

OH(COPLEY)

T

833902

A

49

OH(COPLEY)

T

833902

A

50

OH(COPLEY)

    Town of Farina and Land Adjacent and Suburban to Farina.

Plan Type

Plan No

Parcel Type

Parcel No

Hundred Name

H

833900

S

126

OH(COPLEY)

H

833900

S

979

OH(COPLEY)

T

833905

A

119

OH(COPLEY)

T

833905

A

120

OH(COPLEY)

T

833905

A

122

OH(COPLEY)

T

833905

A

263

OH(COPLEY)

T

833905

A

264

OH(COPLEY)

T

833905

A

265

OH(COPLEY)

T

833905

A

423

OH(COPLEY)

T

833905

A

424

OH(COPLEY)

    Town of Lyndhurst and Adjacent to Lyndhurst.

Plan Type

Plan No

Parcel Type

Parcel No

Hundred Name

D

22928

A

96

OH(COPLEY)

T

833906

A

1

OH(COPLEY)

T

833906

A

11

OH(COPLEY)

T

833906

A

12

OH(COPLEY)

T

833906

A

13

OH(COPLEY)

T

833906

A

14

OH(COPLEY)

T

833906

A

15

OH(COPLEY)

T

833906

A

16

OH(COPLEY)

T

833906

A

18

OH(COPLEY)

T

833906

A

19

OH(COPLEY)

T

833906

A

20

OH(COPLEY)

T

833906

A

21

OH(COPLEY)

T

833906

A

22

OH(COPLEY)

T

833906

A

23

OH(COPLEY)

T

833906

A

24

OH(COPLEY)

T

833906

A

25

OH(COPLEY)

T

833906

A

26

OH(COPLEY)

T

833906

A

27

OH(COPLEY)

T

833906

A

28

OH(COPLEY)

T

833906

A

30

OH(COPLEY)

T

833906

A

32

OH(COPLEY)

T

833906

A

33

OH(COPLEY)

T

833906

A

34

OH(COPLEY)

T

833906

A

45

OH(COPLEY)

T

833906

A

46

OH(COPLEY)

T

833906

A

47

OH(COPLEY)

T

833906

A

48

OH(COPLEY)

T

833906

A

49

OH(COPLEY)

T

833906

A

50

OH(COPLEY)

T

833906

A

51

OH(COPLEY)

T

833906

A

52

OH(COPLEY)

T

833906

A

53

OH(COPLEY)

T

833906

A

54

OH(COPLEY)

T

833906

A

55

OH(COPLEY)

T

833906

A

56

OH(COPLEY)

T

833906

A

62

OH(COPLEY)

T

833906

A

63

OH(COPLEY)

T

833906

A

64

OH(COPLEY)

T

833906

A

65

OH(COPLEY)

    Town of Copley and Adjacent to Copley. (*except OL 16326 - pipeline land; ^except Public Works land).

Plan Type

Plan No

Parcel Type

Parcel No

Hundred Name

D

40749

Q

5^

OH(COPLEY)

D

40749

Q

6^

OH(COPLEY)

D

40749

Q

7^

OH(COPLEY)

D

40749

Q

8*

OH(COPLEY)

D

40749

Q

9

OH(COPLEY)

H

833900

S

1278

OH(COPLEY)

    Town of Parachilna.

Plan Type

Plan No

Parcel Type

Parcel No

Hundred Name

T

390401

A

15

NILPENA

    Town of Blinman.

Plan Type

Plan No

Parcel Type

Parcel No

Hundred Name

T

390202

A

180

CARR

T

390202

A

185

CARR

T

390202

A

205

CARR

    Town of Blinman South.

Plan Type

Plan No

Parcel Type

Parcel No

Hundred Name

D

56533

A

505

CARR

D

56534

A

507

CARR

D

56534

A

508

CARR

D

56534

A

509

CARR

D

56534

A

510

CARR

D

56534

A

511

CARR

D

56534

A

512

CARR

D

56535

A

501

CARR

D

56535

A

502

CARR

T

390201

A

1

CARR

T

390201

A

2

CARR

T

390201

A

4

CARR

T

390201

A

5

CARR

T

390201

A

6

CARR

T

390201

A

7

CARR

T

390201

A

8

CARR

T

390201

A

9

CARR

T

390201

A

10

CARR

T

390201

A

11

CARR

T

390201

A

12

CARR

T

390201

A

13

CARR

T

390201

A

15

CARR

T

390201

A

16

CARR

T

390201

A

17

CARR

T

390201

A

18

CARR

T

390201

A

20

CARR

T

390201

A

21

CARR

T

390201

A

22

CARR

T

390201

A

23

CARR

T

390201

A

24

CARR

T

390201

A

25

CARR

T

390201

A

26

CARR

T

390201

A

27

CARR

T

390201

A

28

CARR

T

390201

A

29

CARR

T

390201

A

30

CARR

T

390201

A

31

CARR

T

390201

A

32

CARR

T

390201

A

35

CARR

T

390201

A

36

CARR

T

390201

A

37

CARR

T

390201

A

40

CARR

T

390201

A

41

CARR

T

390201

A

42

CARR

T

390201

A

45

CARR

T

390201

A

46

CARR

T

390201

A

47

CARR

T

390201

A

48

CARR

T

390201

A

50

CARR

T

390201

A

51

CARR

T

390201

A

52

CARR

T

390201

A

53

CARR

T

390201

A

54

CARR

T

390201

A

55

CARR

T

390201

A

56

CARR

T

390201

A

57

CARR

T

390201

A

58

CARR

T

390201

A

59

CARR

T

390201

A

60

CARR

T

390201

A

61

CARR

T

390201

A

62

CARR

T

390201

A

63

CARR

T

390201

A

64

CARR

T

390201

A

66

CARR

T

390201

A

67

CARR

T

390201

A

68

CARR

T

390201

A

71

CARR

T

390201

A

72

CARR

T

390201

A

73

CARR

T

390201

A

74

CARR

T

390201

A

76

CARR

T

390201

A

77

CARR

T

390201

A

78

CARR

T

390201

A

79

CARR

T

390201

A

81

CARR

T

390201

A

82

CARR

T

390201

A

84

CARR

T

390201

A

85

CARR

T

390201

A

86

CARR

T

390201

A

87

CARR

T

390201

A

89

CARR

T

390201

A

90

CARR

T

390201

A

91

CARR

T

390201

A

92

CARR

T

390201

A

94

CARR

T

390201

A

95

CARR

T

390201

A

96

CARR

T

390201

A

97

CARR

T

390201

A

99

CARR

T

390201

A

100

CARR

T

390201

A

101

CARR

T

390201

A

102

CARR

T

390201

A

103

CARR

T

390201

A

106

CARR

T

390201

A

112

CARR

T

390201

A

113

CARR

T

390201

A

114

CARR

T

390201

A

115

CARR

T

390201

A

116

CARR

T

390201

A

117

CARR

T

390201

A

118

CARR

T

390201

A

119

CARR

T

390201

A

120

CARR

T

390201

A

124

CARR

T

390201

A

125

CARR

T

390201

A

126

CARR

T

390201

A

127

CARR

T

390201

A

129

CARR

T

390201

A

143

CARR

T

390201

A

150

CARR

    Hundred of Parachilna.

Plan Type

Plan No

Parcel Type

Parcel No

Hundred Name

H

390600

S

92

PARACHILNA

H

390600

S

93

PARACHILNA

    Hundred of Bunyeroo.

Plan Type

Plan No

Parcel Type

Parcel No

Hundred Name

H

390100

S

178

BUNYEROO

H

390100

S

179

BUNYEROO

H

390100

S

180

BUNYEROO

H

390100

S

181

BUNYEROO

H

390100

S

182

BUNYEROO

H

390100

S

183

BUNYEROO

H

390100

S

184

BUNYEROO

H

390100

S

185

BUNYEROO

H

390100

S

186

BUNYEROO

H

390100

S

187

BUNYEROO

    Hundred of Edeowie (Plan Number 390300) & Town of Edeowie (Plan Number 390301).

Plan Type

Plan No

Parcel Type

Parcel No

Hundred Name

H

390300

S

151

EDEOWIE

H

390300

S

152

EDEOWIE

H

390300

S

154

EDEOWIE

H

390300

S

155

EDEOWIE

H

390300

S

156

EDEOWIE

H

390300

S

157

EDEOWIE

H

390300

S

158

EDEOWIE

T

390301

A

98

EDEOWIE

T

390301

A

104

EDEOWIE

T

390301

A

105

EDEOWIE

T

390301

A

106

EDEOWIE

T

390301

A

107

EDEOWIE

T

390301

A

108

EDEOWIE

T

390301

A

109

EDEOWIE

T

390301

A

110

EDEOWIE

T

390301

A

111

EDEOWIE

    Hundred of Woolyana (Plan Number 300500) & Town of Mernmerna (Plan Number 300501).

Plan Type

Plan No

Parcel Type

Parcel No

Hundred Name

H

300500

S

245

WOOLYANA

H

300500

S

246

WOOLYANA

T

300501

A

120

WOOLYANA

T

300501

A

121

WOOLYANA

T

300501

A

122

WOOLYANA

T

300501

A

123

WOOLYANA

T

300501

A

124

WOOLYANA

T

300501

A

125

WOOLYANA

T

300501

A

126

WOOLYANA

T

300501

A

127

WOOLYANA

T

300501

A

132

WOOLYANA

T

300501

A

134

WOOLYANA

T

300501

A

135

WOOLYANA

T

300501

A

136

WOOLYANA

T

300501

A

137

WOOLYANA

T

300501

A

138

WOOLYANA

T

300501

A

139

WOOLYANA

T

300501

A

140

WOOLYANA

T

300501

A

141

WOOLYANA

T

300501

A

142

WOOLYANA

T

300501

A

143

WOOLYANA

    Hundred of Moralana.

Plan Type

Plan No

Parcel Type

Parcel No

Hundred Name

H

350400

S

19

MORALANA

H

350400

S

20

MORALANA

H

350400

S

21

MORALANA

H

350400

S

22

MORALANA

H

350400

S

23

MORALANA

H

350400

S

24

MORALANA

H

350400

S

25

MORALANA

H

350400

S

26

MORALANA

H

350400

S

27

MORALANA

H

350400

S

28

MORALANA

    Hundred of Warcowie.

Plan Type

Plan No

Parcel Type

Parcel No

Hundred Name

H

350500

S

40

WARCOWIE

    Town of Wonoka.

Plan Type

Plan No

Parcel Type

Parcel No

Hundred Name

T

300401

A

1

WONOKA

T

300401

A

2

WONOKA

T

300401

A

3

WONOKA

T

300401

A

4

WONOKA

T

300401

A

5

WONOKA

T

300401

A

6

WONOKA

T

300401

A

7

WONOKA

T

300401

A

8

WONOKA

T

300401

A

9

WONOKA

T

300401

A

10

WONOKA

T

300401

A

11

WONOKA

T

300401

A

12

WONOKA

T

300401

A

13

WONOKA

T

300401

A

14

WONOKA

T

300401

A

15

WONOKA

T

300401

A

16

WONOKA

T

300401

A

17

WONOKA

T

300401

A

18

WONOKA

T

300401

A

19

WONOKA

T

300401

A

20

WONOKA

T

300401

A

21

WONOKA

T

300401

A

22

WONOKA

T

300401

A

23

WONOKA

T

300401

A

24

WONOKA

T

300401

A

25

WONOKA

T

300401

A

26

WONOKA

T

300401

A

27

WONOKA

T

300401

A

28

WONOKA

T

300401

A

29

WONOKA

T

300401

A

30

WONOKA

T

300401

A

31

WONOKA

T

300401

A

32

WONOKA

T

300401

A

33

WONOKA

T

300401

A

34

WONOKA

T

300401

A

35

WONOKA

T

300401

A

36

WONOKA

T

300401

A

37

WONOKA

T

300401

A

38

WONOKA

T

300401

A

39

WONOKA

T

300401

A

40

WONOKA

T

300401

A

41

WONOKA

T

300401

A

42

WONOKA

T

300401

A

43

WONOKA

T

300401

A

44

WONOKA

T

300401

A

45

WONOKA

T

300401

A

46

WONOKA

T

300401

A

47

WONOKA

T

300401

A

48

WONOKA

T

300401

A

49

WONOKA

T

300401

A

50

WONOKA

T

300401

A

51

WONOKA

T

300401

A

52

WONOKA

T

300401

A

53

WONOKA

T

300401

A

54

WONOKA

T

300401

A

55

WONOKA

T

300401

A

56

WONOKA

T

300401

A

57

WONOKA

T

300401

A

58

WONOKA

T

300401

A

59

WONOKA

T

300401

A

60

WONOKA

T

300401

A

61

WONOKA

T

300401

A

62

WONOKA

T

300401

A

63

WONOKA

T

300401

A

64

WONOKA

T

300401

A

65

WONOKA

T

300401

A

66

WONOKA

T

300401

A

67

WONOKA

T

300401

A

68

WONOKA

T

300401

A

69

WONOKA

T

300401

A

70

WONOKA

T

300401

A

71

WONOKA

T

300401

A

72

WONOKA

T

300401

A

73

WONOKA

T

300401

A

74

WONOKA

T

300401

A

75

WONOKA

T

300401

A

76

WONOKA

T

300401

A

77

WONOKA

T

300401

A

78

WONOKA

T

300401

A

79

WONOKA

T

300401

A

80

WONOKA

T

300401

A

81

WONOKA

T

300401

A

82

WONOKA

T

300401

A

83

WONOKA

T

300401

A

84

WONOKA

T

300401

A

85

WONOKA

T

300401

A

86

WONOKA

T

300401

A

87

WONOKA

T

300401

A

88

WONOKA

T

300401

A

89

WONOKA

T

300401

A

90

WONOKA

T

300401

A

91

WONOKA

T

300401

A

92

WONOKA

T

300401

A

93

WONOKA

T

300401

A

94

WONOKA

T

300401

A

95

WONOKA

T

300401

A

96

WONOKA

T

300401

A

97

WONOKA

T

300401

A

98

WONOKA

T

300401

A

99

WONOKA

T

300401

A

100

WONOKA

T

300401

A

101

WONOKA

T

300401

A

102

WONOKA

T

300401

A

103

WONOKA

T

300401

A

104

WONOKA

T

300401

A

105

WONOKA

T

300401

A

106

WONOKA

T

300401

A

107

WONOKA

T

300401

A

108

WONOKA

T

300401

A

109

WONOKA

T

300401

A

110

WONOKA

T

300401

A

111

WONOKA

T

300401

A

112

WONOKA

T

300401

A

113

WONOKA

T

300401

A

114

WONOKA

T

300401

A

115

WONOKA

T

300401

A

116

WONOKA

T

300401

A

117

WONOKA

T

300401

A

118

WONOKA

T

300401

A

122

WONOKA

T

300401

A

123

WONOKA

T

300401

A

144

WONOKA

T

300401

A

145

WONOKA

T

300401

A

146

WONOKA

T

300401

A

147

WONOKA

T

300401

A

148

WONOKA

T

300401

A

149

WONOKA

T

300401

A

150

WONOKA

T

300401

A

151

WONOKA

T

300401

A

152

WONOKA

T

300401

A

153

WONOKA

T

300401

A

154

WONOKA

T

300401

A

155

WONOKA

T

300401

A

156

WONOKA

T

300401

A

157

WONOKA

T

300401

A

158

WONOKA

    Town of Hawker.

Plan Type

Plan No

Parcel Type

Parcel No

Hundred Name

T

300402

A

137

WONOKA

T

300402

A

138

WONOKA

T

300402

A

139

WONOKA

T

300402

A

140

WONOKA

T

300402

A

141

WONOKA

T

300402

A

142

WONOKA

T

300402

A

143

WONOKA

T

300402

A

144

WONOKA

T

300402

A

145

WONOKA

T

300402

A

146

WONOKA

T

300402

A

147

WONOKA

T

300402

A

148

WONOKA

T

300402

A

165

WONOKA

T

300402

A

166

WONOKA

T

300402

A

167

WONOKA

T

300402

A

168

WONOKA

T

300402

A

169

WONOKA

T

300402

A

170

WONOKA

T

300402

A

171

WONOKA

T

300402

A

172

WONOKA

T

300402

A

189

WONOKA

T

300402

A

190

WONOKA

T

300402

A

191

WONOKA

T

300402

A

192

WONOKA

T

300402

A

193

WONOKA

T

300402

A

194

WONOKA

T

300402

A

195

WONOKA

T

300402

A

196

WONOKA

T

300402

A

213

WONOKA

T

300402

A

214

WONOKA

T

300402

A

215

WONOKA

T

300402

A

216

WONOKA

T

300402

A

218

WONOKA

T

300402

A

219

WONOKA

    Hundred of Wonoka.

Plan Type

Plan No

Parcel Type

Parcel No

Hundred Name

H

300400

S

240

WONOKA

H

300400

S

241

WONOKA

H

300400

S

260

WONOKA

H

300400

S

311

WONOKA

H

300400

S

313

WONOKA

H

300400

S

319

WONOKA

H

300400

S

476

WONOKA

H

300400

S

516

WONOKA

H

300400

S

517

WONOKA

H

300400

S

518

WONOKA

H

300400

S

520

WONOKA

H

300400

S

523

WONOKA

H

300400

S

524

WONOKA

H

300400

S

541