Coulthard v State of South Australia [2014] FCA 124

FEDERAL COURT OF AUSTRALIA

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;

(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.

(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	WONOKA
H	300400	S	542	WONOKA

• Hundred of Arkaba (Plan Number 350200) & Town of Chapmanton (Plan Number 350201).

Plan Type	Plan No	Parcel Type	Parcel No	Hundred Name
H	350200	S	51	ARKABA
H	350200	S	52	ARKABA
H	350200	S	374	ARKABA
H	350200	S	375	ARKABA
H	350200	S	382	ARKABA
H	350200	S	383	ARKABA
H	350200	S	384	ARKABA
H	350200	S	385	ARKABA
H	350200	S	386	ARKABA
H	350200	S	407	ARKABA
H	350200	S	409	ARKABA
T	350201	A	11	ARKABA
T	350201	A	12	ARKABA
T	350201	A	13	ARKABA
T	350201	A	14	ARKABA
T	350201	A	15	ARKABA
T	350201	A	38	ARKABA
T	350201	A	39	ARKABA
T	350201	A	40	ARKABA
T	350201	A	41	ARKABA
T	350201	A	42	ARKABA
T	350201	A	98	ARKABA
T	350201	A	99	ARKABA
T	350201	A	100	ARKABA
T	350201	A	101	ARKABA
T	350201	A	104	ARKABA
T	350201	A	123	ARKABA
T	350201	A	124	ARKABA
T	350201	A	125	ARKABA
T	350201	A	126	ARKABA
T	350201	A	127	ARKABA
T	350201	A	128	ARKABA
T	350201	A	129	ARKABA
T	350201	A	130	ARKABA

• Hundred of Wirreanda. (*Only that portion within Part 1 of this Schedule 1)

Plan Type	Plan No	Parcel Type	Parcel No	Hundred Name
H	340500	S	129	WIRREANDA
H	340500	S	130	WIRREANDA
H	340500	S	131	WIRREANDA
H	340500	S	132	WIRREANDA
H	340500	S	133	WIRREANDA
H	340500	S	135*	WIRREANDA

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

2. For the avoidance of doubt and without limiting the above, Native Title has been extinguished in relation to areas in respect of which any of the following acts have been done by the Crown in right of the State of South Australia on or before 23 December 1996:

2.1. Freehold grants (other than pursuant to the Aboriginal Lands Trust Act 1966 (SA));

2.2. Perpetual leases (other than leases which are subject to a reservation or condition expressly for the benefit of Aboriginal people);

2.3. Non-perpetual leases (other than pastoral leases or non-exclusive agricultural leases or leases subject to a reservation or condition expressly for the benefit of Aboriginal people),

where:

2.4. in the case of grants to the Crown or a statutory authority, made prior to 31 October 1975 (or after 1 January 1994, if an “intermediate period act”);

2.5. in the case of grants other than to the Crown or a statutory authority, made prior to 1 January 1994 (or after 1 January 1994, if a “past act” or “intermediate period act”).

3. Native title rights have been extinguished over all roads which have been delineated in a public map pursuant to section 5(d)(II) of the Crown Lands Act 1929 (SA) or sections 70(3) or (4) of the Crown Land Management Act 2009 (SA) or which have otherwise been validly established pursuant to South Australian Statute or common law.

SCHEDULE 3 – The descendants of Adnyamathanha Apical Ancestors

The descendants (whether biologically or by adoption) of:

a) Mt Serle Bob;

b) Polly, wife of Mt Serle Bob;

c) Quartpot Tommy;

d) Mt Serle Bob’s sister, wife of Quartpot Tommy;

e) Willy Austin Snr;

f) Nicholas Demell;

g) Emily McKenzie, wife of Nicholas Demell;

h) Sydney Ryan;

i) Mary, wife of Sydney Ryan;

j) the siblings Angepena Billy or Mary;

k) Fanny, wife of Angepena Billy; and

l) the siblings Sara Johnson, Matilda Johnson, Fred Johnson, Natalie Johnson, Jessie Johnson or Sydney Jackson.

SCHEDULE 4 – Areas where extinguishment of native title must be disregarded by reason of Section 47A or Section 47B, Native Title Act

Item 1: Out of Hundreds (Copley) H833900 Section 1278 (CT 5425/77 vested in the Aboriginal Lands Trust);

Item 2: Out of Hundreds (Copley) Section 1049 (CR 5770/658 - excised from Nilpena Pastoral Lease)

SCHEDULE 5 – Pastoral Leases wholly or partially in the Determination Area

Pastoral Lease Name	Pastoral Lease Number	Crown Lease Number Volume/Folio
Murnpeowie (part)	PE 2519	CL 1598/37
Benagerie (part)	PE 2359	CL 1292/4
Billeroo West (part)	PE 2300	CL 1286/12
Telechie (part)	PE 2365	CL 1299/9
Glenorchy (part)	PE 2205	CL 1277/22
Curnamona	PE 2326	CL 1301/7
Glen Warwick	PE 2307A	CL 1410/11
Holowilena South (part)	PE 2260A	CL 1437/27
Worumba (part)	PE 2291	CL 1287/27
Shaggy Ridge (part)	PE 2335	CL 1290/34

SCHEDULE 6 – Existing interest of SA Power Networks

DCBD ID	Hundred	Title Ref	Asset type
H833900 S1043	OUT OF HUNDREDS (COPLEY)	CR 5770/657	Pole Mounted Transformer
T833901 A62	OUT OF HUNDREDS (COPLEY)	CR 5747/992	Underground Low Voltage Service Conductor
H300400 S517	WONOKA	CR 5497/327	Overhead Low Voltage Service Conductor

ANNEXURE B
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 part of the land and waters which:

(a) are subject to the Dieri No 2 Native Title Determination Application (SAD 163 of 2008) (“the Dieri No 2 Claim”); and

(b) form part of the undetermined area of the Adnyamathanha No 1 Native Title Determination Application (SAD 6001 of 1998) (“the Adnyamathanha claim”) which overlaps the Dieri No 2 Claim.

B. This determination is being made together with a consent determination over the remaining part of the Dieri No 2 claim in favour of the Dieri People.

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

D. 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.

E. The Parties acknowledge that the effect of the making of this determination will be that those Adnyamathanha 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.

F. The Parties have agreed that the prospective registered native title body corporate in respect of the Determination Area, 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 Determination Area 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.

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

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

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

2. In this determination:

(a) “Determination Area” means that part of the land and waters of the Dieri No 2 Claim and the overlapping part of the Adnyamathanha No 1 claim as is described in Schedule 1 (and shown in the maps forming part of that Schedule), apart from those excluded areas which are described in Paragraph 16 and in Schedule 2 (“excluded areas”);

(b) “Dieri Determination Area” means the area of the consent determination being made in favour of the Dieri people over the remaining area of the Dieri No 2 claim.

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

Existence of Native Title

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

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

The Native Title Holders

6. The Native Title Holders in relation to the Determination Area are those living Aboriginal persons who are described in Schedule 3 who:

(a) identify as Adnyamathanha; and

Native title rights and interests

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