FEDERAL COURT OF AUSTRALIA
Doyle on behalf of the Iman People #2 v State of Queensland [2016] FCA 743
Table of Corrections | |
Include in Part 3 of Schedule 1 the words “and that is also within the External Boundary Description described in Part 5” after the words “described in Part 6” | |
24 August 2016 | Delete in Part 7 of Schedule 1 the reference to “south-eastern corner of Lot 163 of FT999” |
24 August 2016 | Insert in Part 7 of Schedule 1 the words “south-western corner of Lot 163 of FT999” |
ORDERS
DATE OF ORDER: |
BEING SATISFIED that an order in the terms set out below is within the power of the Court, and it appearing appropriate to the Court to do so, pursuant to s 87A of the Native Title Act 1993 (Cth),
BY CONSENT THE COURT ORDERS THAT:
1. There be a determination of native title in the terms set out below (“the determination”).
2. The determination will take effect upon the agreements referred to in paragraph 1 of Schedule 4 being registered on the Register of Indigenous Land Use Agreements.
3. In the event that the agreements referred to in paragraph 2 above are not registered on the Register of Indigenous Land Use Agreements within six (6) months of the date of this order or such later time as this Court may order, the matter is to be listed for further directions.
4. Each party to the proceedings is to bear its own costs.
BY CONSENT THE COURT DETERMINES THAT:
5. The Determination Area is the land and waters described in Schedule 1, and depicted in the map attached to Schedule 1. To the extent of any inconsistency between the written description in Schedule 1 and the map, the written description prevails.
6. Native title exists in relation to the Determination Area described in Parts 1, 2, 3 and 4 of Schedule 1.
7. The native title is held by the Iman People described in Schedule 3 (“the native title holders”).
8. Subject to paragraphs 12, 13 and 14 below the nature and extent of the native title rights and interests in relation to the land and waters described in Part 1 of Schedule 1 are:
(a) other than in relation to Water, the right to possession, occupation, use and enjoyment of the area to the exclusion of all others; and
(b) in relation to Water, the non-exclusive rights to:
(i) hunt, fish and gather from the Water of the area;
(ii) take and use the Natural Resources of the Water in the area; and
(iii) take and use the Water of the area,
for personal, domestic and non-commercial communal purposes.
9. Subject to paragraphs 12, 13 and 14 below the nature and extent of the native title rights and interests in relation to the land and waters described in Part 2 of Schedule 1 are the non-exclusive rights to:
(a) access, be present on, move about on and travel over the area;
(b) camp, and live temporarily on the area as part of camping, and for that purpose build temporary shelters;
(c) hunt, fish and gather on the land and waters of the area for personal, domestic and non-commercial communal purposes;
(d) take, use, share and exchange Natural Resources from the land and waters of the area for personal, domestic and non-commercial communal purposes;
(e) take and use the Water of the area for personal, domestic and non-commercial communal purposes;
(f) conduct ceremonies on the area;
(g) be buried and bury native title holders within the area;
(h) maintain places of importance and areas of significance to the native title holders under their traditional laws and customs and protect those places and areas from physical harm;
(i) teach on the area the physical and spiritual attributes of the area;
(j) light fires on the area for domestic purposes including cooking, but not for the purpose of hunting or clearing vegetation; and
(k) be accompanied on the area by those persons who, though not native title holders, are:
(i) spouses of native title holders;
(ii) persons required or permitted under the traditional laws acknowledged and traditional customs observed by the native title holders for the performance of, assistance with or participation in rituals or ceremonies.
10. Subject to paragraphs 12, 13 and 14 below the nature and extent of the native title rights and interests in relation to the land and waters described in Part 3 of Schedule 1 are the non-exclusive rights to:
(a) access, be present on, move about on and travel over the area;
(b) fish and gather on the land and waters of the area for personal, domestic and non-commercial communal purposes;
(c) perform dances, conduct smoking ceremonies and ceremonies associated with the reinterment of remains on the area;
(d) maintain places of importance and areas of significance to the native title holders under their traditional laws and customs and protect those places and areas from physical harm;
(e) teach on the area the physical and spiritual attributes of the area;
(f) be accompanied on the area by those persons who, though not native title holders, are:
(i) spouses of native title holders;
(ii) persons required or permitted under the traditional laws acknowledged and traditional customs observed by the native title holders for the performance of, assistance with or participation in rituals or ceremonies; and
(g) be buried and bury native title holders within the area.
11. Subject to paragraphs 12, 13 and 14 below the nature and extent of the native title rights and interests in relation to the land and waters described in Part 4 of Schedule 1 are the non-exclusive rights to:
(a) access, be present on, move about on and travel over the area;
(b) fish and gather on the land and waters of the area for personal, domestic and non-commercial communal purposes;
(c) hunt on the land and waters of the area for personal, domestic and non-commercial communal purposes, but not to do so using weapons as defined in the Weapons Act 1990 (Qld);
(d) take, use, share and exchange Natural Resources from the land and waters for personal, domestic and non-commercial communal purposes;
(e) perform dances, conduct smoking ceremonies and ceremonies associated with the reinterment of remains on the area;
(f) maintain places of importance and areas of significance to the native title holders under their traditional laws and customs and protect those places and areas from physical harm;
(g) teach on the area the physical and spiritual attributes of the area;
(h) be accompanied on the area by those persons who, though not native title holders, are:
(i) spouses of native title holders;
(ii) persons required or permitted under the traditional laws acknowledged and traditional customs observed by the native title holders for the performance of, assistance with or participation in rituals or ceremonies; and
(i) be buried and bury native title holders within the area.
12. The native title rights and interests are subject to and exercisable in accordance with:
(a) the Laws of the State and the Commonwealth;
(b) the traditional laws acknowledged and traditional customs observed by the native title holders; and
(c) the terms and conditions of the agreements referred to in paragraph 1 of Schedule 4.
13. The native title rights and interests referred to in paragraphs 8(b), 9, 10 and 11 above do not confer possession, occupation, use or enjoyment to the exclusion of all others.
14. There are no native title rights in or in relation to minerals as defined by the Mineral Resources Act 1989 (Qld) and petroleum as defined by the Petroleum Act 1923 (Qld) and the Petroleum and Gas (Production and Safety) Act 2004 (Qld).
15. The nature and extent of any other interests in relation to the Determination Area (or respective parts thereof) are set out in Schedule 4.
16. The relationship between the native title rights and interests described in paragraphs 8, 9, 10 and 11 above and the other interests described in Schedule 4 (the “other interests”) is that:
(a) the other interests continue to have effect, and the rights conferred by or held under the other interests may be exercised notwithstanding the existence of the native title rights and interests;
(b) to the extent the other interests are inconsistent with the continued existence, enjoyment or exercise of the native title rights and interests in relation to the land and waters of the Determination Area, the native title continues to exist in its entirety but the native title rights and interests have no effect in relation to the other interests to the extent of the inconsistency for so long as the other interests exist;
(c) the other interests and any activity that is required or permitted by or under, and done in accordance with, the other interests, or any activity that is associated with or incidental to such an activity, prevail over the native title rights and interests and any exercise of the native title rights and interests;
(d) without limiting the operation of paragraphs 16(a) to (c) above, where the native title right to hunt (referred to in paragraphs 9(c) and 11(c) above) is exercised in a Protected Area, the native title holders must:
(i) exercise the right in a manner consistent with the management principles applicable to the class of Protected Area under Part 4 of the Nature Conservation Act 1992 (Qld);
(ii) unless pursuant to an Aboriginal traditional use authority under the Nature Conservation (Wildlife Management) Regulation 2006 (Qld), not take, use, keep or interfere with wildlife prescribed under the Nature Conservation Act 1992 (Qld) from time to time as endangered wildlife, vulnerable wildlife, extinct in the wild, near threatened wildlife, least concern wildlife, or prohibited wildlife, or established under the Environmental Protection and Biodiversity Conservation Act 1999 (Cth) from time to time as listed threatened species; and
(iii) obtain and comply with an approval under s 137 of the Nature Conservation (Protected Areas Management) Regulation 2006 (Qld) for the possession or use of any Appliance;
(e) without limiting the operation of paragraphs 16(a) to (c) above, where the native title right to camp (referred to in paragraph 9(b) above) is exercised in a Protected Area, the native title holders must:
(i) exercise the right only under a camping permit granted under the Nature Conservation (Protected Areas Management) Regulation 2006 (Qld) or if otherwise authorised under s 82 of the Nature Conservation (Protected Areas Management) Regulation 2006 (Qld);
(ii) comply with the conditions of the permit or other authorisation provisions of the Nature Conservation Act 1992 (Qld) and regulations made under that legislation in relation to the permit or other authorisation; and
(iii) comply with any regulatory notice under s 82(4) or any direction of a conservation officer under ss 86 or 87 of the Nature Conservation (Protected Areas Management) Regulation 2006 (Qld); and
(f) without limiting the operation of paragraphs 16(a) to (c) above, before the native title rights and interests (referred to in paragraph 9 above) are exercised on state forest land over which a term lease for grazing purposes has been granted, the native title holders must contact the lessee of the grazing lease, provided their contact details have been provided to the Wardingarri Aboriginal Corporation, and discuss any safety issues associated with the proposed exercise of native title rights and interests and make reasonable efforts to agree on the route of access.
DEFINITIONS AND INTERPRETATION
17. In this determination, unless the contrary intention appears:
“Appliance” has the meaning given by the Nature Conservation Act 1992 (Qld);
“land” and “waters”, respectively, have the same meanings as in the Native Title Act 1993 (Cth);
“Laws of the State and the Commonwealth” means the common law and the laws of the State of Queensland and the Commonwealth of Australia, and includes legislation, regulations, statutory instruments, local planning instruments and local laws;
“Natural Resources” means:
(a) any animal, plant, fish and bird life found on or in the lands and waters of the Determination Area; and
(b) any clays, soil, sand, gravel or rock found on or below the surface of the Determination Area,
that have traditionally been taken and used by the native title holders, but does not include:
(a) animals that are the private personal property of another;
(b) crops that are the private personal property of another; and
(c) minerals as defined in the Mineral Resources Act 1989 (Qld) or petroleum as defined in the Petroleum Act 1923 (Qld) and the Petroleum and Gas (Production and Safety) Act 2004 (Qld);
“Protected Area” has the meaning given by the Nature Conservation Act 1992 (Qld);
“Water” means:
(a) water which flows, whether permanently or intermittently, within a river, creek or stream; and
(b) any natural collection of water, whether permanent or intermittent.
Any references in this determination to acts, regulations or statutory instruments includes those acts, regulations or statutory instruments as amended from time to time.
Other words and expressions used in this determination have the same meanings as they have in Part 15 of the Native Title Act 1993 (Cth).
THE COURT DETERMINES THAT:
18. Upon the determination taking effect:
(a) The native title is held in trust;
(b) The Wardingarri Aboriginal Corporation (ICN: 8305), incorporated under the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Cth), is to:
(i) be the prescribed body corporate for the purpose of ss 56(2)(b) and 56(3) of the Native Title Act 1993 (Cth); and
(ii) perform the functions mentioned in s 57(1) of the Native Title Act 1993 (Cth) after becoming a registered native title body corporate.
SCHEDULE 1 — DETERMINATION AREA
A. Description of Determination Area
The Determination Area comprises all of the land and waters described in Parts 1, 2, 3 and 4 below, and depicted on the determination map, but does not include the areas described in Schedule 2.
Part 1 — Exclusive Areas:
All of the land and waters described in the following table and depicted in dark blue on the determination map:
Area Description (at date of determination) | Determination map reference |
Lot 9 on Plan LE58 | Sheet 6 |
Lot 10 on Plan LE58 | Sheet 7 |
Lot 4 on Plan TR2 | Sheet 6 |
Part 2 — Non-Exclusive Areas:
All of the land and waters described in the following table and depicted in light blue on the determination map:
Area Description (at date of determination) | Determination map reference |
That part of Lot 16 on Plan SP228375 that is within the external boundary described in Part 5 | Sheet 1 |
That part of Lot 10 on Plan WT285 that is within the external boundary described in Part 5 | Sheet 26 |
That part of Lot 11 on Plan FT983 that is within the external boundary described in Part 5 | Sheet 25 |
That part of Lot 12 on Plan FT983 that is within the external boundary described in Part 5 | Sheet 25 |
That part of Lot 164 on Plan FT136 that is within the external boundary described in Part 5 | Sheets 17 and 19 |
That part of Lot 27 on Plan NPW826 that is within the external boundary described in Part 5 | Keymap and Sheets 6, 11 and 12 |
That part of Lot 29 on Plan FT668 that is within the external boundary described in Part 5 | Sheet 25 |
That part of Lot 302 on FTY1964 that is within the external boundary described in Part 5 | Sheet 35 |
That part of Lot 3047 on Plan SP273877 that is within the external boundary described in Part 5 | Keymap and Sheet 26 |
That part of Lot 3123 on Plan PH617 that is within the external boundary described in Part 5 | Sheet 11 |
That part of Lot 4051 on Plan SP275225 that is within the external boundary described in Part 5 | Sheet 10 |
That part of Lot 42 on Plan FTY1767 that is within the external boundary described in Part 5 | Sheet 10 |
That part of Lot 44 on Plan FTY1714 which does not include the area formerly described as Lot 6 on LE304 that is within the external boundary described in Part 5 | Keymap and Sheets 2, 3, 4, 5, 9 and 10 |
That part of Lot 47 on Plan FTY985 that is within the external boundary described in Part 5 | Sheet 10 |
That part of Lot 4736 on Plan SP271705 that is within the external boundary described in Part 5 | Sheet 1 |
That part of Lot 50 on Plan FTY1872 that is within the external boundary described in Part 5 | Sheets 1, 6, 7 and 8 |
That part of Lot 55 on Plan FT919 that is within the external boundary described in Part 5 | Sheet 39 |
That part of Lot 55 on Plan FTY1153 which does not include an area formerly described as Lot 5 on Plan AB248 that is within the external boundary described in Part 5 | Sheet 26 |
That part of Lot 64 on Plan NPW417 that is within the external boundary described in Part 5 | Sheets 1, 2 and 3 |
That part of Lot 7 on Plan BH297 that is within the external boundary described in Part 5 | Sheet 1 |
That part of Lot 745 on Plan PH619 that is within the external boundary described in Part 5 | Sheets 3 and 4 |
That part of Lot 221 on Plan T5012 that is within the external boundary described in Part 5 | Sheets 17 and 23 |
Lot 1 on Plan LE267 | Sheet 4 |
Lot 1 on Plan SP140746 | Sheet 13 |
That part of Lot 10 on Plan AB239 excluding an area of constructed road 15 metres each side of the centreline A-B, as depicted on the map of the determination area | Sheet 27 |
Lot 102 on Plan FT328 | Sheet 34 |
Lot 103 on Plan FT897 | Sheet 34 |
Lot 11 on Plan AB152 | Sheet 28 |
Lot 11 on Plan AB5 | Sheet 27 |
That part of Lot 11 on Plan AB68 excluding an area of constructed road 15 metres each side of the centreline A-B, as depicted on the map of the determination area | Sheet 27 |
Lot 12 on Plan CP858822 | Sheet 16 |
Lot 12 on Plan LE295 | Sheet 14 |
Lot 12 on Plan LE54 | Sheet 15 |
Lot 13 on Plan AB183 | Sheet 16 |
Lot 13 on Plan LE287 | Sheet 7 |
Lot 133 on Plan FT617 | Sheet 33 |
Lot 14 on Plan LE51 | Sheet 13 |
Lot 140 on Plan FT981 | Sheet 38 |
Lot 147 on Plan FT978 | Sheet 23 |
Lot 15 on Plan LE276 | Sheet 5 |
Lot 15 on Plan LE51 | Sheet 13 |
Lot 153 on Plan FTY829 | Sheet 36 |
Lot 157 on Plan FT953 | Sheet 39 |
Lot 159 on Plan FTY793 | Sheet 36 |
Lot 16 on Plan LE276 | Sheet 5 |
Lot 160 on Plan FTY794 | Sheet 36 |
Lot 164 on Plan FT890 | Sheet 38 |
Lot 168 on Plan CP909136 | Sheet 38 |
Lot 175 on Plan FTY1250 | Sheet 35 |
Lot 188 on Plan FTY1362 | Sheet 35 |
Lot 19 on Plan LE242 | Sheet 14 |
Lot 2 on Plan FT976 | Sheet 24 |
Lot 2 on Plan SP104634 | Sheet 38 |
Lot 2 on Plan SP140746 | Sheets 7 and 13 |
Lot 200 on Plan SP150039 | Sheet 38 |
That part of Lot 201 on Plan SP204666 which does not include an area identified as Road to be Closed between stations 2-3-8-9-12-13-2 on plan SP204666 | Sheet 38 |
Lot 218 on Plan FT998 | Sheet 17 |
Lot 219 on Plan LHDT40325 | Sheet 20 |
Lot 220 on Plan L42331 | Sheet 19 |
That part of Lot 25 on Plan LE28 excluding an area of constructed road 30 metres each side of the centreline A-B, as depicted on the map of the determination area | Sheet 10 |
Lot 26 on Plan FTY1165 | Sheet 9 |
That part of Lot 28 on Plan FT313 excluding areas of constructed roads 15 metres each side of the centrelines A-B and C-D as depicted on the map of the determination area | Sheet 34 |
Lot 3 on Plan FT778 | Sheet 28 |
Lot 3 on Plan SP104634 | Sheet 38 |
Lot 32 on Plan AB108 | Sheet 30 |
Lot 33 on Plan FT111 | Sheet 35 |
Lot 35 on Plan FT923 | Sheet 28 |
That part of Lot 36 on Plan FT339 excluding an area of constructed road 15 metres each side of the centreline A-B, as depicted on the map of the determination area | Sheet 29 |
Lot 37 on Plan LE195 | Sheet 14 |
Lot 39 on Plan FTY604 | Sheets 8 and 9 |
Lot 4 on Plan FT902 | Sheet 29 |
Lot 40 on Plan CP899702 | Sheet 37 |
Lot 42 on Plan FT1021 | Sheet 35 |
Lot 43 on Plan AB222 | Sheet 31 |
Lot 44 on Plan FT855 | Sheet 29 |
Lot 46 on Plan FT94 | Sheet 39 |
That part of Lot 46 on FTY1813 which does not include Lot 1 on CP903548 | Keymap and Sheets 6, 7, 12 and 13 |
Lot 46 on Plan USL45197 | Sheet 18 |
That part of Lot 5 on Plan FT312 excluding areas of constructed road 30 metres each side of the centrelines A-B and C-D as depicted on the map of the determination area | Sheet 29 |
Lot 5 on Plan FT971 | Sheet 24 |
Lot 5 on Plan LE34 | Sheet 9 |
Lot 5 on Plan TR839674 | Sheet 12 |
Lot 50 on AP19198 | Sheets 1, 2, 6, 7 and 8 |
Lot 50 on Plan FT991 | Sheet 33 |
Lot 51 on Plan FT491 | Sheet 32 |
Lot 56 on Plan FT919 | Sheet 39 |
Lot 57 on Plan FT901 | Sheet 37 |
Lot 58 on Plan FT1013 | Sheet 37 |
Lot 69 on Plan FT715 | Sheet 32 |
Lot 7 on Plan AB68 | Sheet 27 |
Lot 71 on Plan FT503 | Sheet 31 |
Lot 71 on Plan FT952 | Sheet 38 |
Lot 72 on Plan FT508 | Sheet 32 |
Lot 73 on Plan FT907 | Sheet 31 |
Lot 76 on Plan FT973 | Sheet 38 |
Lot 8 on Plan LE317 | Sheets 3, 7, 8 and 9 |
Lot 8 on Plan LE55 | Sheet 13 |
Lot 80 on Plan FT616 | Sheet 32 |
That part of Lot 807 on Plan PH1979 that is within the external boundary described in Part 5 | Sheets 11 and 12 |
Lot 86 on Plan FT616 | Sheet 32 |
Lot 9 on Plan AB76 | Sheet 16 |
Lot 90 on Plan FT832 | Sheet 32 |
That part of Lot 91 on Plan FT320, excluding an area of constructed road 15 metres each side of the centreline A-B, C-D and E-F as depicted on the map of the determination area | Sheet 32 |
Lot 5272 on Plan SP274283 | Sheets 3, 4, 5, 8 and 9 |
Lot 780 on Plan SP272793 | Sheets 7, 8 and 13 |
Lot 9 on Plan SP262435 | Keymap and Sheet 26 |
Save for any waters forming part of a lot on plan, and save for any waters that fall within the Taroom Town Boundary Description or the Wandoan Town Boundary Description, all waterways natural lakes, creeks and rivers within the External Boundary Description described in Part 5. | |
Part 3 — Non-Exclusive Town Areas – Taroom:
All of the land and waters described in the following table and depicted in yellow on the determination map:
Area Description (at date of determination) | Determination map reference |
That part of Lot 53 on Plan FT699 that is within the external boundary described in Part 5 | Sheets 17 and 19 |
That part of Lot 221 on Plan T5012 that is within the external boundary described in Part 5 | Sheets 17 and 19 |
Lot 10 on Plan T5020 | Sheet 19 |
Lot 1 on Plan C8276 | Sheet 20 |
Lot 11 on Plan CP853429 | Sheet 19 |
Lot 126 on Plan FT882 | Sheets 20 and 21 |
Lot 127 on Plan FT895 | Sheets 20, 21 and 22 |
Lot 130 on Plan FT618 | Sheet 21 |
Lot 144 on Plan SP173872 | Sheets 17 and 19 |
Lot 3 on Plan T5018 | Sheet 21 |
Lot 3 on Plan T5025 | Sheet 19 |
Lot 36 on Plan FT807810 | Sheet 19 |
Lot 54 on Plan FT570 | Sheets 17 and 19 |
Lot 140 on Plan FT846 | Sheets 17 and 19 |
Save for any waters forming part of a lot on plan, all waterways natural lakes, creeks and rivers within the Taroom Town Boundary Description described in Part 6 and that is also within the External Boundary Description described in Part 5. | |
Part 4 — Non-Exclusive Town Areas – Wandoan:
All of the land and waters described in the following table and depicted in pink on the determination map:
Area Description (at date of determination) | Determination map reference |
Lot 1 on Plan SP130877 | Sheet 38 |
Lot 10 on Plan W64125 | Sheet 38 |
Lot 103 on Plan FT383 | Sheet 38 |
Lot 12 on Plan W64139 | Sheet 38 |
Lot 148 on Plan FT789 | Sheet 38 |
Lot 153 on Plan FT843 | Sheet 38 |
Lot 162 on Plan FT999 | Sheet 38 |
Lot 163 on Plan FT999 | Sheet 38 |
Lot 165 on Plan FT807 | Sheet 38 |
Lot 26 on Plan FT662 | Sheet 38 |
Lot 46 on Plan SP127543 | Sheet 38 |
Lot 49 on Plan SP209359 | Sheet 38 |
Lot 9 on Plan W64127 | Sheet 38 |
Save for any waters forming part of a lot on plan, all waterways natural lakes, creeks and rivers within the Wandoan Town Boundary Description described in Part 7. | |
Part 5 –– External Boundary Description:
The boundary of the area covered by the Iman People #2 native title determination application is described as follows:
Commencing on a point at Longitude 148.799268° East, Latitude 25.476188° South and extending north easterly to a northern bank of the Dawson river at Longitude 148.799662° East; then generally north easterly, generally easterly, generally northerly and generally easterly through the following coordinates:
Longitude ° East | Latitude ° South |
148.800085 | 25.475540 |
148.825396 | 25.455471 |
148.825646 | 25.455564 |
148.827864 | 25.456968 |
148.829655 | 25.457820 |
148.831876 | 25.458216 |
148.833436 | 25.459962 |
148.856690 | 25.463660 |
148.857299 | 25.463757 |
148.863729 | 25.464779 |
148.872855 | 25.461245 |
148.876847 | 25.469782 |
148.879626 | 25.470099 |
148.900430 | 25.472468 |
148.904979 | 25.471399 |
148.907111 | 25.467277 |
148.919056 | 25.467506 |
148.927728 | 25.463258 |
148.934770 | 25.465173 |
148.938915 | 25.463782 |
148.940003 | 25.462775 |
148.937504 | 25.462198 |
148.938042 | 25.458600 |
148.940315 | 25.458718 |
148.941579 | 25.458124 |
148.945014 | 25.457924 |
148.947639 | 25.458180 |
148.950167 | 25.457222 |
148.953122 | 25.456791 |
148.953688 | 25.451886 |
148.954938 | 25.445423 |
148.958325 | 25.443228 |
148.961252 | 25.431861 |
148.959690 | 25.429818 |
148.963530 | 25.415932 |
148.963889 | 25.413159 |
148.960232 | 25.411823 |
148.954293 | 25.414840 |
148.956415 | 25.401638 |
148.960457 | 25.399994 |
148.962225 | 25.399860 |
148.965387 | 25.396266 |
148.966731 | 25.392989 |
148.966306 | 25.391178 |
148.968961 | 25.388500 |
148.969647 | 25.386048 |
148.973537 | 25.384403 |
148.976732 | 25.376614 |
148.979964 | 25.375266 |
148.978027 | 25.372145 |
148.976229 | 25.362377 |
148.978107 | 25.355984 |
148.972873 | 25.348617 |
148.973382 | 25.346325 |
148.971442 | 25.344992 |
148.970461 | 25.343478 |
148.968168 | 25.342374 |
148.967388 | 25.341043 |
148.965371 | 25.340833 |
148.963202 | 25.340348 |
148.962900 | 25.340119 |
148.961084 | 25.340093 |
148.952082 | 25.338060 |
148.950949 | 25.337004 |
148.950222 | 25.334733 |
148.950427 | 25.333449 |
148.949958 | 25.328588 |
148.955190 | 25.323301 |
148.962330 | 25.322648 |
148.963417 | 25.321366 |
148.965560 | 25.322103 |
148.968335 | 25.321557 |
148.976465 | 25.317604 |
148.978673 | 25.310890 |
148.974817 | 25.309280 |
148.972306 | 25.303728 |
148.968472 | 25.304043 |
148.966911 | 25.302435 |
148.963838 | 25.300734 |
148.955408 | 25.279972 |
148.948300 | 25.279172 |
148.945981 | 25.277893 |
148.944445 | 25.277110 |
148.942209 | 25.276390 |
148.939910 | 25.275658 |
148.937846 | 25.274026 |
148.935985 | 25.271776 |
148.933796 | 25.269617 |
148.931681 | 25.268329 |
148.928357 | 25.266718 |
148.926318 | 25.265156 |
148.924709 | 25.263410 |
148.924209 | 25.261323 |
148.924642 | 25.259467 |
148.925704 | 25.258231 |
148.927094 | 25.257110 |
148.928004 | 25.256011 |
148.927831 | 25.254567 |
148.927634 | 25.252664 |
148.927589 | 25.250279 |
148.927996 | 25.248721 |
148.929033 | 25.247004 |
148.930448 | 25.245723 |
148.931233 | 25.244303 |
148.930884 | 25.242858 |
148.930054 | 25.241870 |
148.929756 | 25.240196 |
148.930314 | 25.238409 |
148.930599 | 25.237969 |
148.931706 | 25.236257 |
148.934485 | 25.232945 |
148.935038 | 25.232075 |
148.935497 | 25.231255 |
148.935966 | 25.230112 |
148.936739 | 25.229157 |
148.937052 | 25.228334 |
148.937073 | 25.227546 |
148.936866 | 25.226582 |
148.936880 | 25.225248 |
148.936893 | 25.223821 |
148.937159 | 25.222720 |
148.937375 | 25.221769 |
148.937336 | 25.220955 |
148.937186 | 25.220004 |
148.937039 | 25.219450 |
148.936692 | 25.218570 |
148.936522 | 25.217779 |
148.936614 | 25.216915 |
148.936819 | 25.216087 |
148.937131 | 25.215447 |
148.937956 | 25.215197 |
148.938745 | 25.215163 |
148.939828 | 25.215364 |
148.940995 | 25.215323 |
148.942848 | 25.214845 |
148.943996 | 25.214183 |
148.945334 | 25.213503 |
148.946411 | 25.212553 |
148.947690 | 25.211698 |
148.948054 | 25.210876 |
148.948675 | 25.209781 |
148.949751 | 25.208923 |
148.950773 | 25.208340 |
148.951792 | 25.208126 |
148.952914 | 25.207729 |
148.953727 | 25.206869 |
148.954558 | 25.206163 |
148.955681 | 25.205562 |
148.956750 | 25.205349 |
148.957979 | 25.204447 |
148.959009 | 25.203082 |
148.959186 | 25.202485 |
148.959018 | 25.201841 |
148.958620 | 25.201327 |
148.958005 | 25.201064 |
148.957208 | 25.200643 |
148.956598 | 25.200192 |
148.956506 | 25.199550 |
148.956714 | 25.198767 |
148.957024 | 25.198311 |
148.957084 | 25.197794 |
148.957035 | 25.197161 |
148.956889 | 25.196514 |
148.956348 | 25.196223 |
148.955315 | 25.196352 |
148.954346 | 25.196705 |
148.953222 | 25.197332 |
148.952152 | 25.197592 |
148.951186 | 25.197577 |
148.949764 | 25.197555 |
148.948750 | 25.197309 |
148.948043 | 25.196838 |
148.947872 | 25.196311 |
148.947936 | 25.195376 |
148.948117 | 25.194492 |
148.948533 | 25.193624 |
148.949055 | 25.192205 |
148.949116 | 25.191147 |
148.949127 | 25.190089 |
148.949085 | 25.189214 |
148.948838 | 25.188474 |
148.948494 | 25.187318 |
148.948051 | 25.185930 |
148.947504 | 25.184725 |
148.947212 | 25.183478 |
148.947367 | 25.181716 |
148.947535 | 25.179842 |
148.947490 | 25.177756 |
148.947369 | 25.175188 |
148.946845 | 25.173009 |
148.946068 | 25.171311 |
148.945089 | 25.169819 |
148.944060 | 25.168144 |
148.943283 | 25.166354 |
148.943186 | 25.164520 |
148.943467 | 25.163122 |
148.944225 | 25.162069 |
148.945815 | 25.160902 |
148.948339 | 25.158477 |
148.949678 | 25.156966 |
148.950538 | 25.155455 |
148.950968 | 25.153988 |
148.950593 | 25.152704 |
148.950245 | 25.150938 |
148.950425 | 25.149104 |
148.951184 | 25.147684 |
148.952522 | 25.146403 |
148.954287 | 25.145328 |
148.955750 | 25.144551 |
148.957590 | 25.143798 |
148.959833 | 25.143458 |
148.962100 | 25.143508 |
148.964416 | 25.143809 |
148.964467 | 25.143824 |
148.967059 | 25.144593 |
148.970760 | 25.145677 |
148.975240 | 25.147083 |
148.977053 | 25.147682 |
148.978387 | 25.148234 |
148.979594 | 25.148947 |
148.980675 | 25.150164 |
148.981478 | 25.151655 |
148.982181 | 25.152848 |
148.983162 | 25.153606 |
148.984647 | 25.154044 |
148.986007 | 25.154024 |
148.987217 | 25.153773 |
148.988905 | 25.153592 |
148.990669 | 25.153320 |
148.992231 | 25.153001 |
148.994045 | 25.152775 |
148.995960 | 25.152617 |
148.997623 | 25.152551 |
149.000817 | 25.152387 |
149.004064 | 25.152140 |
149.005575 | 25.153745 |
149.010109 | 25.155579 |
149.012123 | 25.156037 |
149.015398 | 25.156037 |
149.019176 | 25.158329 |
149.021695 | 25.160392 |
149.025977 | 25.163143 |
149.028496 | 25.164518 |
149.031015 | 25.165435 |
149.033282 | 25.166122 |
149.036053 | 25.168185 |
149.037817 | 25.170706 |
149.039077 | 25.173457 |
149.039581 | 25.176209 |
149.039077 | 25.178502 |
149.037818 | 25.181024 |
149.037314 | 25.182859 |
149.037062 | 25.184464 |
149.044333 | 25.179609 |
149.046384 | 25.179874 |
149.048147 | 25.178727 |
149.048651 | 25.177810 |
149.049407 | 25.177580 |
149.050918 | 25.178038 |
149.052934 | 25.177808 |
Then north-easterly to a south eastern corner of Lot 3 on Plan TR56 at Longitude 149.055834° East; then generally northerly, easterly, generally southerly, generally south-westerly, generally easterly, generally southerly, generally south-westerly, generally north-westerly and generally northerly through the following coordinates:
Longitude ° East | Latitude ° South |
149.055956 | 25.175055 |
149.058978 | 25.171844 |
149.059734 | 25.170926 |
149.060740 | 25.169091 |
149.060992 | 25.167257 |
149.060739 | 25.165423 |
149.061998 | 25.162212 |
149.063005 | 25.160607 |
149.062753 | 25.158543 |
149.062500 | 25.156938 |
149.062751 | 25.152352 |
149.063990 | 25.151605 |
149.064670 | 25.151513 |
149.065214 | 25.151389 |
149.068040 | 25.150745 |
149.071062 | 25.149597 |
149.072322 | 25.150513 |
149.074085 | 25.150283 |
149.076099 | 25.148677 |
149.079120 | 25.144548 |
149.083400 | 25.142252 |
149.085918 | 25.141334 |
149.087178 | 25.142021 |
149.088439 | 25.146147 |
149.088862 | 25.146909 |
149.089823 | 25.147502 |
149.090819 | 25.147640 |
149.091994 | 25.147768 |
149.093145 | 25.147734 |
149.094217 | 25.147646 |
149.095393 | 25.147483 |
149.095741 | 25.147293 |
149.095736 | 25.146921 |
149.095481 | 25.146599 |
149.095024 | 25.146233 |
149.094919 | 25.145738 |
149.095111 | 25.145256 |
149.095560 | 25.145065 |
149.096108 | 25.144827 |
149.096659 | 25.144727 |
149.097558 | 25.144484 |
149.097704 | 25.144158 |
149.097699 | 25.143740 |
149.097390 | 25.143232 |
149.096782 | 25.142775 |
149.096645 | 25.142097 |
149.096715 | 25.141614 |
149.096808 | 25.141102 |
149.097002 | 25.140589 |
149.096992 | 25.139892 |
149.096987 | 25.139521 |
149.096629 | 25.139060 |
149.096173 | 25.138694 |
149.095663 | 25.138143 |
149.095354 | 25.137542 |
149.094892 | 25.136804 |
149.094581 | 25.136111 |
149.094424 | 25.135347 |
149.094458 | 25.134533 |
149.094555 | 25.133718 |
149.094582 | 25.132940 |
149.094526 | 25.132000 |
149.094414 | 25.131375 |
149.094205 | 25.130773 |
149.093993 | 25.129986 |
149.093832 | 25.129245 |
149.093822 | 25.128502 |
149.094168 | 25.127286 |
149.094156 | 25.126617 |
149.093933 | 25.125667 |
149.093634 | 25.125195 |
149.093032 | 25.124788 |
149.092331 | 25.124436 |
149.091453 | 25.124163 |
149.090649 | 25.124033 |
149.089745 | 25.123950 |
149.088889 | 25.123728 |
149.086826 | 25.123334 |
149.085721 | 25.123208 |
149.084718 | 25.123219 |
149.083409 | 25.122909 |
149.082498 | 25.122362 |
149.081888 | 25.121766 |
149.081677 | 25.121025 |
149.081362 | 25.120006 |
149.081048 | 25.119081 |
149.080686 | 25.118295 |
149.079963 | 25.117775 |
149.079121 | 25.117353 |
149.078110 | 25.117025 |
149.077206 | 25.116942 |
149.077017 | 25.116261 |
149.077231 | 25.115080 |
149.075913 | 25.112264 |
149.074538 | 25.111574 |
149.072530 | 25.110821 |
149.075052 | 25.107536 |
149.075488 | 25.106787 |
149.076465 | 25.105619 |
149.076673 | 25.103808 |
149.076002 | 25.102282 |
149.076300 | 25.101155 |
149.079067 | 25.098308 |
149.081942 | 25.098213 |
149.084703 | 25.097030 |
149.086943 | 25.096161 |
149.088098 | 25.095463 |
149.088989 | 25.094581 |
149.090303 | 25.094090 |
149.091169 | 25.093484 |
149.091793 | 25.090978 |
149.091753 | 25.090072 |
149.092071 | 25.089265 |
149.093467 | 25.088039 |
149.095621 | 25.084568 |
149.096804 | 25.083204 |
149.097291 | 25.080129 |
149.095215 | 25.075950 |
149.095490 | 25.074771 |
149.095987 | 25.074330 |
149.096480 | 25.073892 |
149.097067 | 25.073371 |
149.097397 | 25.073042 |
149.096861 | 25.071761 |
149.097205 | 25.068400 |
149.097838 | 25.068267 |
149.098400 | 25.066513 |
149.099736 | 25.064728 |
149.101000 | 25.058464 |
149.099324 | 25.056141 |
149.096504 | 25.051821 |
149.095158 | 25.049819 |
149.096711 | 25.043347 |
149.095382 | 25.042205 |
149.094345 | 25.039520 |
149.092458 | 25.033580 |
149.089942 | 25.032201 |
149.088892 | 25.031387 |
149.087333 | 25.029453 |
149.089913 | 25.020489 |
149.086956 | 25.013465 |
149.088883 | 25.008339 |
149.089185 | 25.007536 |
149.089507 | 25.006678 |
149.091864 | 25.003064 |
149.088204 | 25.002772 |
149.086726 | 25.002519 |
149.080791 | 25.003441 |
149.074784 | 25.002668 |
149.073510 | 25.002505 |
149.070913 | 25.002170 |
149.068414 | 25.000549 |
149.068464 | 24.998536 |
149.068394 | 24.998419 |
149.937082 | 24.998415 |
149.931339 | 25.026541 |
149.881396 | 25.085438 |
149.879920 | 25.082550 |
149.875889 | 25.081644 |
149.856703 | 25.063818 |
149.856325 | 25.063501 |
149.855887 | 25.063133 |
149.856573 | 25.062388 |
149.856990 | 25.061587 |
149.857187 | 25.060680 |
149.857293 | 25.060039 |
149.857472 | 25.059419 |
149.857798 | 25.058862 |
149.858144 | 25.058558 |
149.858476 | 25.058102 |
149.858449 | 25.058100 |
149.857318 | 25.056993 |
149.855475 | 25.055836 |
149.854509 | 25.054148 |
149.852260 | 25.052761 |
149.852507 | 25.052251 |
149.850628 | 25.052719 |
149.849374 | 25.053523 |
149.849887 | 25.056730 |
149.849638 | 25.057877 |
149.847624 | 25.057653 |
149.843106 | 25.061330 |
149.850959 | 25.068947 |
149.851597 | 25.068777 |
149.852046 | 25.069224 |
149.853523 | 25.070695 |
149.854295 | 25.077089 |
149.860393 | 25.082389 |
149.865998 | 25.085254 |
149.874389 | 25.085471 |
149.875739 | 25.092110 |
149.846378 | 25.126735 |
149.847268 | 25.128455 |
149.849924 | 25.131549 |
149.852828 | 25.134413 |
149.855229 | 25.136934 |
149.857627 | 25.139110 |
149.860027 | 25.141516 |
149.862426 | 25.143693 |
149.864941 | 25.144837 |
149.867952 | 25.145177 |
149.870962 | 25.145518 |
149.875100 | 25.145743 |
149.878615 | 25.146426 |
149.882632 | 25.147224 |
149.885773 | 25.148137 |
149.888044 | 25.149969 |
149.890314 | 25.151687 |
149.892209 | 25.153519 |
149.893858 | 25.155926 |
149.894757 | 25.158563 |
149.895402 | 25.160857 |
149.895542 | 25.162692 |
149.895561 | 25.164986 |
149.895575 | 25.166707 |
149.895160 | 25.168242 |
149.895258 | 25.169899 |
149.895614 | 25.171410 |
149.897633 | 25.173128 |
149.898648 | 25.174618 |
149.899167 | 25.176797 |
149.899186 | 25.179091 |
149.899203 | 25.181156 |
149.898839 | 25.182762 |
149.897978 | 25.184829 |
149.897239 | 25.186436 |
149.896377 | 25.188387 |
149.895952 | 25.189460 |
149.895979 | 25.191180 |
149.896408 | 25.192173 |
149.897165 | 25.192745 |
149.899045 | 25.192742 |
149.901302 | 25.192739 |
149.904473 | 25.192288 |
149.906615 | 25.191506 |
149.908553 | 25.190719 |
149.910575 | 25.190669 |
149.912365 | 25.191810 |
149.912812 | 25.194118 |
149.912853 | 25.196509 |
149.912262 | 25.199032 |
149.911960 | 25.201192 |
149.911047 | 25.203737 |
149.910938 | 25.205688 |
149.910829 | 25.207753 |
149.911229 | 25.210620 |
149.912082 | 25.212974 |
149.913282 | 25.216353 |
149.914434 | 25.219219 |
149.915844 | 25.222888 |
149.917623 | 25.225753 |
149.919277 | 25.228618 |
149.922060 | 25.231367 |
149.924583 | 25.233198 |
149.927610 | 25.235144 |
149.929880 | 25.236631 |
149.932402 | 25.238232 |
149.935169 | 25.239260 |
149.937845 | 25.240569 |
149.940716 | 25.242463 |
149.942939 | 25.244049 |
149.945137 | 25.246126 |
149.946210 | 25.247619 |
149.947070 | 25.249610 |
149.947569 | 25.251858 |
149.947712 | 25.253923 |
149.947729 | 25.255988 |
149.947750 | 25.258512 |
149.947771 | 25.260921 |
149.947787 | 25.262871 |
149.947958 | 25.264527 |
149.948906 | 25.265758 |
149.952329 | 25.265846 |
149.955466 | 25.265840 |
149.958100 | 25.265721 |
149.960762 | 25.264856 |
149.963229 | 25.263991 |
149.966323 | 25.263697 |
149.968499 | 25.263981 |
149.970932 | 25.264174 |
149.972101 | 25.265025 |
149.972413 | 25.266560 |
149.971798 | 25.268219 |
149.969420 | 25.268912 |
149.967541 | 25.269374 |
149.965414 | 25.270067 |
149.964798 | 25.271330 |
149.964548 | 25.273084 |
149.964824 | 25.274427 |
149.965083 | 25.275344 |
149.966970 | 25.275915 |
149.969731 | 25.275909 |
149.971864 | 25.275905 |
149.973743 | 25.275558 |
149.975749 | 25.275324 |
149.977255 | 25.275322 |
149.978398 | 25.276552 |
149.978411 | 25.278417 |
149.978418 | 25.279217 |
149.969608 | 25.288067 |
149.969584 | 25.288070 |
149.969522 | 25.288152 |
149.918895 | 25.339009 |
149.898735 | 25.409900 |
149.901556 | 25.410129 |
149.900661 | 25.410699 |
149.900096 | 25.411750 |
149.900678 | 25.412764 |
149.901938 | 25.413221 |
149.904450 | 25.413218 |
149.908334 | 25.411950 |
149.910089 | 25.411489 |
149.911273 | 25.410916 |
149.952824 | 25.414284 |
149.953086 | 25.414352 |
149.953581 | 25.414750 |
149.954965 | 25.415092 |
149.955921 | 25.415090 |
149.959180 | 25.415939 |
149.959878 | 25.416805 |
149.960563 | 25.418036 |
149.957403 | 25.417272 |
149.957161 | 25.417213 |
149.952933 | 25.416191 |
149.950559 | 25.416996 |
149.933866 | 25.428872 |
149.919757 | 25.444230 |
149.931206 | 25.457752 |
149.944496 | 25.473175 |
149.944655 | 25.473749 |
149.946505 | 25.475921 |
149.945521 | 25.476444 |
149.931060 | 25.484104 |
149.930498 | 25.484390 |
149.905074 | 25.497286 |
149.884005 | 25.461794 |
149.883240 | 25.459734 |
149.879953 | 25.458598 |
149.878946 | 25.459289 |
149.877690 | 25.461125 |
149.875423 | 25.462736 |
149.872394 | 25.463203 |
149.868857 | 25.462527 |
149.867088 | 25.462073 |
149.861544 | 25.465297 |
149.858767 | 25.465305 |
149.855980 | 25.462563 |
149.850941 | 25.466014 |
149.850945 | 25.467389 |
149.850196 | 25.469682 |
149.850453 | 25.471057 |
149.849201 | 25.471344 |
149.848434 | 25.471520 |
149.845667 | 25.474736 |
149.844412 | 25.477260 |
149.842650 | 25.478869 |
149.834569 | 25.479120 |
149.832800 | 25.478666 |
149.832291 | 25.477521 |
149.827746 | 25.477762 |
149.827240 | 25.477534 |
149.825727 | 25.478455 |
149.825222 | 25.478456 |
149.823451 | 25.477315 |
149.818522 | 25.473805 |
149.817131 | 25.475498 |
149.815974 | 25.476848 |
149.812326 | 25.481102 |
149.830906 | 25.492989 |
149.834508 | 25.504567 |
149.824175 | 25.523770 |
149.829117 | 25.524329 |
149.847039 | 25.526356 |
149.861930 | 25.528038 |
149.865877 | 25.541463 |
149.865806 | 25.541453 |
149.866046 | 25.542038 |
149.867728 | 25.547758 |
149.853053 | 25.551286 |
149.852227 | 25.551485 |
149.851975 | 25.551336 |
149.836954 | 25.542451 |
149.826844 | 25.544894 |
149.829596 | 25.538097 |
149.829471 | 25.538023 |
149.824997 | 25.527049 |
149.823798 | 25.524106 |
149.819252 | 25.523643 |
149.808682 | 25.530530 |
149.804760 | 25.533085 |
149.804343 | 25.533027 |
149.804091 | 25.532568 |
149.803587 | 25.531879 |
149.803082 | 25.531191 |
149.802576 | 25.531878 |
149.801819 | 25.531877 |
149.801567 | 25.531419 |
149.801315 | 25.530730 |
149.801063 | 25.530042 |
149.800559 | 25.529125 |
149.800054 | 25.528666 |
149.799802 | 25.528207 |
149.799045 | 25.527289 |
149.799046 | 25.526830 |
149.798794 | 25.526142 |
149.799047 | 25.525913 |
149.799047 | 25.525455 |
149.798290 | 25.525224 |
149.797785 | 25.524765 |
149.797281 | 25.524306 |
149.796272 | 25.523388 |
149.795515 | 25.522699 |
149.794757 | 25.522469 |
149.793495 | 25.522238 |
149.792990 | 25.522238 |
149.792232 | 25.522007 |
149.791475 | 25.522006 |
149.790465 | 25.522005 |
149.789707 | 25.522004 |
149.789202 | 25.521545 |
149.788950 | 25.521774 |
149.788696 | 25.522232 |
149.788696 | 25.522920 |
149.788442 | 25.523837 |
149.788189 | 25.524295 |
149.787936 | 25.524982 |
149.787177 | 25.525440 |
149.786672 | 25.525439 |
149.786166 | 25.526127 |
149.785155 | 25.526813 |
149.785155 | 25.527042 |
149.784902 | 25.527501 |
149.784901 | 25.528418 |
149.784395 | 25.528876 |
149.783890 | 25.529104 |
149.783637 | 25.528875 |
149.783132 | 25.528874 |
149.782627 | 25.529103 |
149.781869 | 25.529560 |
149.781868 | 25.530019 |
149.781615 | 25.530706 |
149.781109 | 25.531164 |
149.780603 | 25.531622 |
149.780098 | 25.531621 |
149.779593 | 25.531850 |
149.779087 | 25.531849 |
149.778582 | 25.531849 |
149.778553 | 25.531822 |
149.775781 | 25.550646 |
149.772994 | 25.557291 |
149.772983 | 25.557320 |
149.779053 | 25.558037 |
149.779313 | 25.577109 |
149.779316 | 25.577293 |
149.779303 | 25.584676 |
149.779301 | 25.585036 |
149.777973 | 25.584870 |
149.776970 | 25.585264 |
149.776214 | 25.584650 |
149.772572 | 25.584194 |
149.773884 | 25.588347 |
149.775173 | 25.592426 |
149.773742 | 25.596242 |
149.771790 | 25.601445 |
149.771660 | 25.601791 |
149.771274 | 25.602819 |
149.770108 | 25.605928 |
149.770522 | 25.609962 |
149.770556 | 25.610059 |
149.770594 | 25.610167 |
149.773534 | 25.618636 |
149.773664 | 25.619011 |
149.774799 | 25.622279 |
149.775601 | 25.623227 |
149.788887 | 25.638956 |
149.789089 | 25.638985 |
149.789063 | 25.638870 |
149.789050 | 25.638756 |
149.789023 | 25.638607 |
149.788997 | 25.638469 |
149.788945 | 25.638298 |
149.788906 | 25.638172 |
149.788854 | 25.638046 |
149.788832 | 25.637988 |
149.788816 | 25.637943 |
149.788764 | 25.637852 |
149.788726 | 25.637772 |
149.788700 | 25.637692 |
149.788661 | 25.637589 |
149.788648 | 25.637497 |
149.788640 | 25.637451 |
149.788634 | 25.637417 |
149.788634 | 25.637337 |
149.788633 | 25.637257 |
149.788645 | 25.637119 |
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150.302020 | 25.725021 |
150.304470 | 25.724232 |
150.306047 | 25.723028 |
150.306879 | 25.722651 |
150.311197 | 25.722958 |
150.321445 | 25.713998 |
150.323469 | 25.711779 |
150.323807 | 25.711985 |
150.324819 | 25.712445 |
150.325578 | 25.712675 |
150.326337 | 25.712676 |
150.327350 | 25.712219 |
150.328110 | 25.711532 |
150.328870 | 25.711075 |
150.329630 | 25.710159 |
150.330137 | 25.709472 |
150.330644 | 25.708785 |
150.331151 | 25.708096 |
150.331659 | 25.707180 |
150.332165 | 25.706722 |
150.332926 | 25.706036 |
150.333939 | 25.705349 |
150.334445 | 25.705120 |
150.334952 | 25.704663 |
150.336218 | 25.703976 |
150.336724 | 25.704207 |
150.336976 | 25.704894 |
150.336721 | 25.706271 |
150.336974 | 25.706729 |
150.337273 | 25.707001 |
150.337479 | 25.707189 |
150.338491 | 25.707648 |
150.338744 | 25.707649 |
150.338743 | 25.708566 |
150.338995 | 25.709025 |
150.339754 | 25.709255 |
150.341020 | 25.709256 |
150.341780 | 25.708799 |
150.342539 | 25.708570 |
150.343299 | 25.708113 |
150.343806 | 25.707884 |
150.344059 | 25.707426 |
150.344819 | 25.706968 |
150.344819 | 25.706739 |
150.345831 | 25.706970 |
150.345831 | 25.707657 |
150.346336 | 25.708116 |
150.346589 | 25.708117 |
150.347349 | 25.707659 |
150.347855 | 25.707660 |
150.348361 | 25.708119 |
150.348360 | 25.709036 |
150.348106 | 25.709723 |
150.347599 | 25.710410 |
150.347344 | 25.711327 |
150.347597 | 25.711557 |
150.347827 | 25.711661 |
150.348103 | 25.711786 |
150.348863 | 25.711558 |
150.349369 | 25.711329 |
150.350129 | 25.710872 |
150.350888 | 25.711102 |
150.351900 | 25.711103 |
150.352660 | 25.710875 |
150.352904 | 25.710875 |
150.353419 | 25.710876 |
150.353673 | 25.710647 |
150.354432 | 25.710418 |
150.354939 | 25.710190 |
150.355698 | 25.710190 |
150.356457 | 25.710191 |
150.357216 | 25.710651 |
150.357975 | 25.710651 |
150.358735 | 25.710423 |
150.359495 | 25.709736 |
150.360254 | 25.709508 |
150.361014 | 25.709509 |
150.361266 | 25.709967 |
150.361772 | 25.710197 |
150.362278 | 25.710198 |
150.362785 | 25.709969 |
150.363038 | 25.709740 |
150.363039 | 25.709282 |
150.363147 | 25.709085 |
150.395049 | 25.895584 |
150.387152 | 25.894760 |
150.384614 | 25.897279 |
150.378016 | 25.903920 |
150.372944 | 25.905061 |
150.371424 | 25.904371 |
150.369092 | 25.905219 |
150.355608 | 25.910117 |
150.353451 | 25.909665 |
150.350921 | 25.910887 |
150.351116 | 25.911440 |
150.349474 | 25.911914 |
150.350000 | 25.919783 |
150.345598 | 25.932809 |
150.352392 | 25.933738 |
150.352124 | 25.934623 |
150.351843 | 25.935993 |
150.351046 | 25.937812 |
150.350406 | 25.938918 |
150.350122 | 25.939409 |
150.349996 | 25.939627 |
150.349203 | 25.941217 |
150.347895 | 25.943257 |
150.346840 | 25.945301 |
150.345278 | 25.947336 |
150.343720 | 25.949142 |
150.342411 | 25.951182 |
150.341107 | 25.952992 |
150.339794 | 25.955260 |
150.338494 | 25.956842 |
150.337199 | 25.958194 |
150.335646 | 25.959771 |
150.334351 | 25.961123 |
150.332794 | 25.962929 |
150.331752 | 25.964286 |
150.330448 | 25.966096 |
150.329908 | 25.967691 |
150.329876 | 25.969294 |
150.329839 | 25.971126 |
150.330051 | 25.973191 |
150.329497 | 25.975473 |
150.328949 | 25.977525 |
150.328155 | 25.979115 |
150.326841 | 25.981384 |
150.325795 | 25.982969 |
150.324499 | 25.984321 |
150.323213 | 25.985215 |
150.321854 | 25.986373 |
150.313730 | 25.990028 |
150.308111 | 26.003116 |
150.307871 | 26.003085 |
150.307752 | 26.029398 |
150.309820 | 26.033767 |
150.308019 | 26.038174 |
150.309818 | 26.042685 |
150.309903 | 26.044489 |
150.309713 | 26.044922 |
150.309274 | 26.045925 |
150.308732 | 26.047165 |
150.308255 | 26.048253 |
150.018105 | 26.215122 |
149.661311 | 26.246680 |
149.650206 | 26.239417 |
149.632921 | 26.228344 |
149.614292 | 26.213997 |
149.599196 | 26.199657 |
149.579714 | 26.188164 |
149.562864 | 26.174223 |
149.545155 | 26.162730 |
149.525250 | 26.152045 |
149.499606 | 26.139295 |
149.479709 | 26.128604 |
149.461572 | 26.116690 |
149.445646 | 26.105599 |
149.423544 | 26.092440 |
149.402341 | 26.081732 |
149.385989 | 26.071449 |
149.368339 | 26.064837 |
149.349363 | 26.056991 |
149.325555 | 26.051163 |
149.307468 | 26.044134 |
149.287617 | 26.035866 |
149.269534 | 26.028422 |
149.254550 | 26.024669 |
149.237362 | 26.020085 |
149.221056 | 26.015504 |
149.198144 | 26.009660 |
149.173901 | 26.000126 |
149.155394 | 25.993481 |
149.137775 | 25.988883 |
149.121478 | 25.984290 |
149.103861 | 25.979687 |
149.084482 | 25.973436 |
149.069064 | 25.966391 |
149.052770 | 25.960565 |
149.040433 | 25.952311 |
149.028982 | 25.946514 |
149.017093 | 25.941121 |
148.999929 | 25.937325 |
148.986283 | 25.932326 |
148.970875 | 25.924452 |
148.955477 | 25.921481 |
148.937879 | 25.918082 |
148.923695 | 25.913587 |
148.926030 | 25.911055 |
148.926619 | 25.907925 |
148.929883 | 25.905798 |
148.930472 | 25.904094 |
148.930016 | 25.900813 |
148.930519 | 25.899223 |
148.930112 | 25.896871 |
148.930180 | 25.893313 |
148.929920 | 25.891274 |
148.930047 | 25.890348 |
148.929949 | 25.887783 |
148.929132 | 25.886154 |
148.927679 | 25.884623 |
148.948820 | 25.867379 |
148.964644 | 25.845770 |
148.968160 | 25.828377 |
148.966402 | 25.810457 |
148.959955 | 25.793591 |
148.948078 | 25.768226 |
148.929194 | 25.745352 |
148.917529 | 25.710529 |
148.909213 | 25.653250 |
148.896481 | 25.611830 |
148.882719 | 25.582581 |
148.862568 | 25.546686 |
148.838976 | 25.526300 |
148.808235 | 25.509845 |
148.808232 | 25.509842 |
148.806216 | 25.508235 |
148.804770 | 25.504092 |
148.804589 | 25.503572 |
148.805557 | 25.499475 |
148.805235 | 25.497548 |
148.803495 | 25.496695 |
148.803728 | 25.494839 |
148.803004 | 25.492109 |
148.795066 | 25.486310 |
148.800412 | 25.481670 |
Then back to the commencement point.
This area does not include the land and waters within the following native title determination applications:
QUD 6006 of 2000 Wulli Wulli People (QC00/7) as accepted for registration on 31 March 2010;
QUD 366 of 2008 Mandandanji People (QC08/10) as accepted for registration on 30 March 2009;
QUD 23 of 2006 Karingbal 2 (QC06/5) as accepted for registration on 24 March 2006.
NOTES
Data Reference and source
Boundary data compiled by the National Native Title Tribunal.
Reference datum
Geographical coordinates have been provided by the National Native Title Tribunal Geospatial Services and are referenced to the Geocentric Datum of Australia 1994 (GDA94), in decimal degrees and are based on the spatial reference data acquired from the various custodians at the time
Use of Coordinates
Where coordinates are used within the description to represent cadastral or topographical boundaries or the intersection with such, they are intended as a guide only. As an outcome to the custodians of cadastral and topographic data continuously recalculating the geographic position of their data based on improved survey and data maintenance procedures, it is not possible to accurately define such a position other than by detailed ground survey.
Prepared by Geospatial Services, National Native Title Tribunal (25 November 2011).
Part 6 –– Taroom Town Boundary Description:
The Taroom Town Boundary Description means the land and waters bounded by the following description:
Commencing at the northernmost corner of Lot 23 on RP805169 then south-easterly along the south-western boundary of Tai Shue Street to its intersection with Taroom Street; then by a line to the westernmost corner of Lot 127 on FT895; then along the north-western, north-eastern and south-eastern boundaries of that lot, then along the south-eastern boundary of Lot 130 on FT618 and the south-eastern and south-western boundary of Lot 128 FT457 and then north-westerly along the south-western boundary of Lot 133 on FT895 to the intersection with the prolongation of northern boundary of Latimer Street; then by a line across Cromwell Street to the easternmost corner of Lot 44 on T5018; then south-westerly along the northern boundary of Latimer Street to the southernmost corner of Lot 3 on T5018; then south-easterly and south-westerly by the north-eastern and south-eastern boundaries of Lot 2 on T5037 to its southernmost corner, then by a line across Roma Taroom Road to the easternmost corner of Lot 217 on F403; then generally north-westerly along the western boundary of Roma Taroom Road to the northernmost corner of Lot 9 on T506; then by a line across Bonner Street to the southernmost corner of Lot 710 on T502; then north-westerly along the north-eastern boundary of Dawson Street to the southernmost corner of Lot 510 on T502; then south-westerly by a line across Dawson Street to a south-eastern corner of Lot 207 on T502; then south-westerly along the south-easterly boundaries of that lot and Lot 221 on T5012 to its southernmost corner; then westerly by a line across the Dawson River to a point on the western bank of that River at Longitude 149.791880° East, Latitude 25.643255° South being a point on the eastern boundary of the Leichhardt Highway; then generally north-westerly by the eastern boundary of the Leichhardt Highway to a point at Longitude 149.786301° East and Latitude 25.635887° South, then by a line in a north-easterly direction to the western boundary of Dawson River at Longitude 149.788531° East and Latitude 25.635132° South and then by a line in a north-easterly direction to the eastern boundary of Dawson River at Longitude 149.788788° East and Latitude 25.635065° South; then north-easterly, south-easterly and north-easterly direction along the northern boundaries of Lot 77 on FT136 to the westernmost boundary of Lot 140 on FT846 being a point on the south-eastern boundary of Rose Road; then by the south-eastern boundary of that road back to the point of commencement.
Part 7 –– Wandoan Town Boundary Description:
The Wandoan Town Boundary Description means the land and waters bounded by the following description:
Commencing at the northern-most corner of Lot 94 on FT1017; then in a easterly, south-easterly and southerly direction along the northern and eastern boundary of that lot to its south-eastern corner; then by a line across Hamlyn Street to the easternmost corner of Lot 1 on W64115 and along a south-eastern boundary of that lot to the northernmost corner of Lot 165 on FT807; then south-easterly and southerly along the eastern boundaries of that lot and Lot 102 on SP235462 to the southernmost corner of Lot 102 on SP235462; then by a line across Lower North Street to the easternmost corner of Lot 101 on FT658 and generally southerly to the south-eastern corner of that lot; then generally westerly along the northern boundary of Royd Street to the westernmost corner of Lot 2608 on W64140; then by a line across Royd Street to the easternmost corner of Lot 2 on RP204587; then south-westerly and westerly along the south-eastern and southern boundaries of that lot to its south-western corner; then by a line to the southernmost corner of Lot 137 on FT793; then by a line across Zupp Road to the northernmost corner of Lot 2 on RP170166; then generally south-easterly and south-westerly to the southernmost corner of that lot; then generally north-westerly direction along the north-eastern side of the Leichhardt Highway to the south-western corner of Lot 163 of FT999; then by a line across the Leichhardt Highway to the easternmost corner of Lot 46 on SP127543; then westerly and north-easterly by the southern and north-westerly boundaries to its northernmost corner; then by a line across Leichhardt Highway to the westernmost corner of Lot 108 on FT968 and along the north-western boundary of that lot to its northern-most corner; then by a line across Henderson Road to the westernmost corner of Lot 134 on FT649 and along the north-western and north-eastern boundaries of that lot; then continuing along a southern boundary of Lot 200 on SP150039 to the most northernmost corner of Lot 201 on SP204666; then generally south-westerly by the south-eastern boundary of Lane Street to its intersection with Henderson Road; then south-easterly by north-eastern boundary of that road to its intersection with West Street; then generally in a north-easterly direction along the north-western boundary of that street to the eastern most corner of Lot 5 on SP130877; then westerly by the northern boundary of that lot to its intersection with the south-eastern boundary of West Street; then northerly by the western boundary of Lot 1 on SP130877 to its north-western corner; then easterly by the northern boundaries of that lot and Lot 93 on W6415 to its intersection with a point on the western boundary of Lot 94 on FT1017; then northerly and easterly by the western and northern boundaries of that lot to its commencement point.
B. Map of Determination Area
SCHEDULE 2 – AREAS NOT FORMING PART OF THE DETERMINATION AREA
The following areas of land and waters are excluded from the Determination Area.
Part A
1. Those land and waters within the External Boundary Description, which at the time the native title determination application was made:
(a) were the subject of one or more Previous Exclusive Possession Acts, within the meaning of s 23B of the Native Title Act 1993 (Cth); and
(b) to which none of ss 47, 47A or 47B of the Native Title Act 1993 (Cth) applied at the time of the native title determination application;
are excluded from the Determination Area as they could not be claimed in accordance with s 61A of the Native Title Act 1993 (Cth).
2. Specifically, and to avoid any doubt, the land and waters described in paragraph 1 above includes the tenure based exclusions under ss 23B(2) and 23B(3) of the Native Title Act 1993 (Cth) to which s 20 of the Native Title (Queensland) Act 1993 (Qld) applies, and includes, but is not limited to, the land and waters within the External Boundary Description set out in Part 5 of Schedule 1, described as:
(1.) | Lot 14 on Plan FT848; |
(2.) | Lot 7 on Plan RP179318; |
(3.) | Lot 320 on Plan W6412; |
(4.) | Lot 89 on Plan RP895260; |
(5.) | Lot 26 on Plan FT1007; |
(6.) | Lot 15 on Plan FT802402; |
(7.) | Lot 6 on Plan BH292; |
(8.) | Lot 12 on Plan NT364; |
(9.) | Lot 10 on Plan SP113847; |
(10.) | Lot 7 on Plan LE302; |
(11.) | Lot 11 on Plan LE179; |
(12.) | Lease C in Lot 43 on Plan FT348 on Plan SP216709; |
(13.) | Lease A in Lot 2 on Plan FT898; |
(14.) | Lot 5 on SP261934; |
(15.) | Lot 4 on WT217; |
(16.) | Lot 58 on FT556 |
(17.) | Lot 59 on FT556 |
(18.) | Lot 4 on FT758 |
(19.) | Lot 2 on SP210618 |
(20.) | Lot 39 on FT503 |
(21.) | Lot 55 on FT503 |
(22.) | Lot 18 on SP127560 |
(23.) | Lot 25 on FT481 |
(24.) | Lot 28 on FT467 |
(25.) | Lot 40 on FT503 |
(26.) | Lot 41 on CP857459 |
(27.) | Lot 54 on FT504 |
(28.) | Lot 34 on FT480 |
(29.) | Lot 35 on FT575 |
(30.) | Lot 29 on FT467 |
(31.) | Lot 42 on FT505 |
(32.) | Lot 53 on FT505 |
(33.) | Lot 20 on FT464 |
(34.) | Lot 36 on FT575 |
(35.) | Lot 37 on FT575 |
(36.) | Lot 30 on FT468 |
(37.) | Lot 38 on CP899702 |
(38.) | Lot 43 on FT506 |
(39.) | Lot 52 on FT830 |
(40.) | Lot 21 on FT493 |
(41.) | Lot 36 on FT493 |
(42.) | Lot 44 on FT507 |
(43.) | Lot 51 on FT507 |
(44.) | Lot 29 on FT490 |
(45.) | Lot 35 on FT987 |
(46.) | Lot 56 on FT987 |
(47.) | Lot 45 on FT507 |
(48.) | Lot 47 on FT508 |
(49.) | Lot 50 on FT508 |
(50.) | Lot 30 on FT491 |
(51.) | Lot 48 on FT573 |
(52.) | Lot 34 on FT490 |
(53.) | Lot 55 on FT826 |
(54.) | Lot 10 on FT949 |
(55.) | Lot 52 on FT614 |
(56.) | Lot 9 on FT384 |
(57.) | Lot 42 on SP108598 |
(58.) | Lot 43 on SP108598 |
(59.) | Lot 41 on FT496 |
(60.) | Lot 49 on FT826 |
(61.) | Lot 110 on FT487 |
(62.) | Lot 111 on FT487 |
(63.) | Lot 113 on FT488 |
(64.) | Lot 115 on FT452 |
(65.) | Lot 68 on FT246 |
(66.) | Lot 69 on FT246 |
(67.) | Lot 9 on FT246 |
(68.) | Lot 105 on FT415 |
(69.) | Lot 2 on FT418 |
(70.) | Lot 106 on FT782 |
(71.) | Lot 62 on FT218 |
(72.) | Lot 61 on FT218 |
(73.) | Lot 8 on FT218 |
(74.) | Lot 60 on FT218 |
(75.) | Lot 116 on FT452 |
(76.) | Lot 118 on FT452 |
(77.) | Lot 114 on FT884 |
(78.) | Lot 112 on FT825 |
(79.) | Lot 38 on FT816 |
(80.) | Lot 42 on FT348 |
(81.) | Lot 43 on FT348 |
(82.) | Lot 154 on FT884 |
(83.) | Lot 156 on FT931 |
(84.) | Lot 53 on FT931 |
(85.) | Lot 89 on FT910 |
(86.) | Lot 87 on FT325 |
(87.) | Lot 88 on FT911 |
(88.) | Lot 86 on FT782 |
(89.) | Lot 7 on FT912 |
(90.) | Lot 6 on FT432 |
(91.) | Lot 109 on FT915 |
(92.) | Lot 3 on FT695 |
(93.) | Lot 50 on FT573 |
(94.) | Lot 16 on FT1012 |
(95.) | Lot 44 on FT495 |
(96.) | A/AP18876 |
(97.) | Lot 43 on FT495 |
(98.) | Lot 4 on AB5 |
(99.) | Lot 3 on AB68 |
(100.) | Lot 3 on A4010 |
(101.) | Lot 8 on AB227 |
(102.) | Lot 5 on A4017 |
(103.) | Lot 6 on AB190 |
(104.) | Lot 2 on A409 |
(105.) | Lot 4 on AB68 |
(106.) | Lot 1 on SP174422 |
(107.) | Lot 131 on SP121742 |
(108.) | Lot 18 on SP152687 |
(109.) | Lot 2 on AB121 |
(110.) | Lot 24 on SP174422 |
(111.) | Lot 3 on AB121 |
(112.) | Lot 37 on AB180 |
(113.) | Lot 4 on AB121 |
(114.) | Lot 4 on AB20 |
(115.) | Lot 5 on AB121 |
(116.) | Lot 5 on AB27 |
(117.) | Lot 9 on AB112 |
(118.) | Lot 6 on AB112 |
(119.) | Lot 7 on RP868228 |
(120.) | Lot 8 on RP868228 |
(121.) | Lot 6 on SP195959 |
(122.) | Lot 132 on SP121742 |
(123.) | Lot 15 on SP180948 |
(124.) | Lot 38 on AB188 |
(125.) | Lot 33 on AB128 |
(126.) | Lot 1 on AB241 |
(127.) | Lot 42 on AB241 |
(128.) | Lot 41 on AB241 |
(129.) | Lot 34 on SP106737 |
(130.) | Lot 14 on FT165 |
(131.) | Lot 1 on SP210618 |
(132.) | Lot 72 on FT590 |
(133.) | Lot 1 on RP170076 |
(134.) | Lot 10 on FT98 |
(135.) | Lot 143 on FT914 |
(136.) | Lot 158 on FT990 |
(137.) | Lot 169 on FT1020 |
(138.) | Lot 170 on FT1020 |
(139.) | Lot 2 on RP170076 |
(140.) | Lot 2 on SP106043 |
(141.) | Lot 2 on SP198999 |
(142.) | Lot 20 on FT101 |
(143.) | Lot 27 on FT130 |
(144.) | Lot 28 on FT913 |
(145.) | Lot 40 on FT329 |
(146.) | Lot 48 on FT815 |
(147.) | Lot 49 on FT131 |
(148.) | Lot 54 on FT291 |
(149.) | Lot 58 on FT520 |
(150.) | Lot 59 on FT105 |
(151.) | Lot 59 on FT820 |
(152.) | Lot 62 on FT815 |
(153.) | Lot 65 on FT518 |
(154.) | Lot 1 on PER3095 |
(155.) | Lot 1 on RP110817 |
(156.) | Lot 1 on RP123884 |
(157.) | Lot 1 on RP144130 |
(158.) | Lot 1 on RP204781 |
(159.) | Lot 1 on RP216757 |
(160.) | Lot 10 on FT581 |
(161.) | Lot 10 on SP163564 |
(162.) | Lot 11 on FT62 |
(163.) | Lot 11 on SP163564 |
(164.) | Lot 12 on SP163564 |
(165.) | Lot 130 on FT487 |
(166.) | Lot 15 on FT161 |
(167.) | Lot 16 on SP180948 |
(168.) | Lot 17 on FT99 |
(169.) | Lot 18 on FT739 |
(170.) | Lot 19 on FT676 |
(171.) | Lot 2 on FT1019 |
(172.) | Lot 2 on RP110817 |
(173.) | Lot 2 on RP123884 |
(174.) | Lot 2 on RP216757 |
(175.) | Lot 2 on RP227994 |
(176.) | Lot 2 on SP177963 |
(177.) | Lot 20 on FT190 |
(178.) | Lot 20 on FT672 |
(179.) | Lot 22 on FT746 |
(180.) | Lot 23 on CP900888 |
(181.) | Lot 23 on FT41 |
(182.) | Lot 23 on FT938 |
(183.) | Lot 24 on FT41 |
(184.) | Lot 25 on FT349 |
(185.) | Lot 25 on FT835698 |
(186.) | Lot 26 on FT835699 |
(187.) | Lot 28 on FT563 |
(188.) | Lot 29 on FT130 |
(189.) | Lot 29 on SP167183 |
(190.) | Lot 31 on FT191 |
(191.) | Lot 32 on FT444 |
(192.) | Lot 33 on FT415 |
(193.) | Lot 33 on FT444 |
(194.) | Lot 34 on FT447 |
(195.) | Lot 35 on FT349 |
(196.) | Lot 35 on FT438 |
(197.) | Lot 36 on FT213 |
(198.) | Lot 36 on FT619 |
(199.) | Lot 36 on FT981 |
(200.) | Lot 361 on SP143626 |
(201.) | Lot 37 on FT440 |
(202.) | Lot 37 on FT494 |
(203.) | Lot 37 on FT620 |
(204.) | Lot 37 on FT67 |
(205.) | Lot 38 on FT440 |
(206.) | Lot 38 on FT72 |
(207.) | Lot 39 on FT576 |
(208.) | Lot 4 on FT105 |
(209.) | Lot 4 on FT163 |
(210.) | Lot 40 on FT62 |
(211.) | Lot 41 on FT603 |
(212.) | Lot 42 on FT63 |
(213.) | Lot 43 on FT65 |
(214.) | Lot 44 on FT67 |
(215.) | Lot 45 on FT426 |
(216.) | Lot 45 on FT497 |
(217.) | Lot 46 on FT497 |
(218.) | Lot 46 on FT64 |
(219.) | Lot 47 on FT466 |
(220.) | Lot 48 on FT299 |
(221.) | Lot 48 on FT871 |
(222.) | Lot 49 on FT453 |
(223.) | Lot 5 on FT349 |
(224.) | Lot 5 on FT92 |
(225.) | Lot 51 on SP191663 |
(226.) | Lot 52 on SP191663 |
(227.) | Lot 54 on FT788 |
(228.) | Lot 57 on FT695 |
(229.) | Lot 6 on FT788 |
(230.) | Lot 60 on FT900 |
(231.) | Lot 60 on FT904 |
(232.) | Lot 61 on FT515 |
(233.) | Lot 62 on FT833 |
(234.) | Lot 63 on FT960 |
(235.) | Lot 64 on FT516 |
(236.) | Lot 64 on FT525 |
(237.) | Lot 66 on FT517 |
(238.) | Lot 66 on FT521 |
(239.) | Lot 67 on FT873 |
(240.) | Lot 68 on FT803559 |
(241.) | Lot 68 on SP137906 |
(242.) | Lot 69 on FT581 |
(243.) | Lot 69 on SP137906 |
(244.) | Lot 70 on FT590 |
(245.) | Lot 71 on FT590 |
(246.) | Lot 74 on SP229733 |
(247.) | Lot 76 on RP895260 |
(248.) | Lot 77 on FT565 |
(249.) | Lot 82 on SP198998 |
(250.) | Lot 83 on FT994 |
(251.) | Lot 88 on CP905099 |
(252.) | Lot 99 on FT815 |
(253.) | Lot 1 on CP857459 |
(254.) | Lot 79 on FT613 |
(255.) | Lot 78 on FT580 |
(256.) | Lot 82 on FT639 |
(257.) | Lot 362 on SP143626 |
(258.) | Lot 146 on FT763 |
(259.) | Lot 90 on FT911 |
(260.) | Lot 8 on AB126 |
(261.) | Lot 9 on AB127 |
(262.) | Lot 1 on SP103977 |
(263.) | Lot 2 on SP103977 |
(264.) | Lot 3 on AB41 |
(265.) | Lot 11 on AB153 |
(266.) | Lot 1 on SP184934 |
(267.) | Lot 10 on AB120 |
(268.) | Lot 10 on RP896637 |
(269.) | Lot 1 on AB45 |
(270.) | Lot 11 on AB125 |
(271.) | Lot 2 on SP130872 |
(272.) | Lot 10 on RP880092 |
(273.) | Lot 9 on AB102 |
(274.) | Lot 8 on AB172 |
(275.) | Lot 1 on AB193 |
(276.) | Lot 3 on RP880091 |
(277.) | Lot 4 on AB84 |
(278.) | Lot 6 on AB84 |
(279.) | Lot 5 on AB84 |
(280.) | Lot 14 on AB86 |
(281.) | Lot 18 on AB158 |
(282.) | Lot 13 on AB86 |
(283.) | Lot 1 on SP214982 |
(284.) | Lot 2 on AB194 |
(285.) | Lot 91 on SP140745 |
(286.) | Lot 4 on AB240 |
(287.) | Lot 9 on AB100 |
(288.) | Lot 17 on AB158 |
(289.) | Lot 17 on AB198 |
(290.) | Lot 28 on AB24 |
(291.) | Lot 29 on AB24 |
(292.) | Lot 30 on AB24 |
(293.) | Lot 57 on AB114 |
(294.) | Lot 55 on AB89 |
(295.) | Lot 92 on SP140745 |
(296.) | Lot 59 on AB182 |
(297.) | Lot 60 on AB182 |
(298.) | Lot 58 on AB150 |
(299.) | Lot 6 on AB155 |
(300.) | Lot 1 on SP219064 |
(301.) | Lot 2 on SP214982 |
(302.) | Lot 6 on AB166 |
(303.) | Lot 132 on FT722 |
(304.) | Lot 48 on FT602 |
(305.) | Lot 14 on FT637 |
(306.) | Lot 46 on FT579 |
(307.) | Lot 47 on FT928 |
(308.) | Lot 1 on F4026 |
(309.) | Lot 2 on F4026 |
(310.) | Lot 29 on FT636 |
(311.) | Lot 2 on SP196005 |
(312.) | Lot 39 on FT962 |
(313.) | Lot 1 on RP99766 |
(314.) | Lot 1 on RP190841 |
(315.) | Lot 2 on SP107648 |
(316.) | Lot 1 on FT336 |
(317.) | Lot 3 on SP107648 |
(318.) | Lot 43 on FT962 |
(319.) | Lot 50 on FT918 |
(320.) | Lot 30 on FT636 |
(321.) | Lot 22 on FT548 |
(322.) | Lot 32 on FT549 |
(323.) | Lot 25 on SP227753 |
(324.) | Lot 33 on FT550 |
(325.) | Lot 31 on FT549 |
(326.) | Lot 18 on FT509 |
(327.) | Lot 24 on FT959 |
(328.) | Lot 34 on FT550 |
(329.) | Lot 5 on SP227753 |
(330.) | Lot 26 on SP154283 |
(331.) | Lot 20 on FT436 |
(332.) | Lot 18 on FT435 |
(333.) | Lot 56 on FT941 |
(334.) | Lot 75 on FT894 |
(335.) | Lot 9 on FT486 |
(336.) | Lot 8 on FT486 |
(337.) | Lot 10 on FT486 |
(338.) | Lot 5 on FT1027 |
(339.) | Lot 6 on FT801 |
(340.) | Lot 67 on FT518 |
(341.) | Lot 11 on SP181416 |
(342.) | Lot 7 on SP181416 |
(343.) | Lot 29 on FT511 |
(344.) | Lot 28 on FT511 |
(345.) | Lot 19 on FT509 |
(346.) | Lot 17 on FT434 |
(347.) | Lot 35 on FT550 |
(348.) | Lot 16 on FT434 |
(349.) | Lot 19 on FT896 |
(350.) | Lot 21 on FT552 |
(351.) | Lot 37 on FT582 |
(352.) | Lot 27 on FT784 |
(353.) | Lot 40 on FT784 |
(354.) | Lot 36 on FT562 |
(355.) | Lot 42 on FT959 |
(356.) | Lot 14 on FT591 |
(357.) | Lot 3 on FT845130 |
(358.) | Lot 91 on FT560 |
(359.) | Lot 27 on FT969 |
(360.) | Lot 8 on RP202077 |
(361.) | Lot 4 on RP190841 |
(362.) | Lot 24 on FT951 |
(363.) | Lot 49 on FT626 |
(364.) | Lot 21 on FT937 |
(365.) | Lot 45 on FT579 |
(366.) | Lot 3 on SP196005 |
(367.) | Lot 66 on FT1024 |
(368.) | Lot 1 on FT921 |
(369.) | Lot 4 on LHDT40323 |
(370.) | Lot 2 on LHDT40323 |
(371.) | Lot 4 on T5039 |
(372.) | Lot 2 on T5042 |
(373.) | Lot 6 on RP32433 |
(374.) | Lot 8 on RP32433 |
(375.) | Lot 5 on RP32433 |
(376.) | Lot 3 on RP32433 |
(377.) | Lot 7 on RP32433 |
(378.) | Lot 2 on RP32433 |
(379.) | Lot 34 on T5018 |
(380.) | Lot 1 on T5042 |
(381.) | Lot 44 on T5018 |
(382.) | Lot 3 on T5043 |
(383.) | Lot 133 on FT895 |
(384.) | Lot 31 on F4010 |
(385.) | Lot 37 on F4015 |
(386.) | Lot 157 on FT115 |
(387.) | Lot 128 on FT457 |
(388.) | Lot 38 on FT1016 |
(389.) | Lot 6 on FT12 |
(390.) | Lot 152 on FT113 |
(391.) | Lot 153 on FT113 |
(392.) | Lot 12 on FT13 |
(393.) | Lot 84 on F406 |
(394.) | Lot 49 on FT340 |
(395.) | Lot 33 on F4010 |
(396.) | Lot 45 on F4021 |
(397.) | Lot 94 on F4023 |
(398.) | Lot 46 on F4039 |
(399.) | Lot 34 on FT878 |
(400.) | Lot 155 on FT113 |
(401.) | Lot 215 on F402 |
(402.) | Lot 56 on F4023 |
(403.) | Lot 85 on F4027 |
(404.) | Lot 35 on FT533 |
(405.) | Lot 32 on FT899 |
(406.) | Lot 2 on FT898 |
(407.) | Lot 158 on FT958 |
(408.) | Lot 8 on FT12 |
(409.) | Lot 80 on F4040 |
(410.) | Lot 39 on FT906 |
(411.) | Lot 40 on FT906 |
(412.) | Lot 43 on T5018 |
(413.) | Lot 15 on T5039 |
(414.) | Lot 100 on F406 |
(415.) | Lot 3 on AB15 |
(416.) | Lot 40 on AB151 |
(417.) | Lot 11 on AB14 |
(418.) | Lot 6 on AB17 |
(419.) | Lot 35 on CP855792 |
(420.) | Lot 21 on AB98 |
(421.) | Lot 15 on AB29 |
(422.) | Lot 72 on CP882932 |
(423.) | Lot 5 on CP880492 |
(424.) | Lot 1 on RP210398 |
(425.) | Lot 15 on LE243 |
(426.) | Lot 51 on LE244 |
(427.) | Lot 45 on LE26 |
(428.) | Lot 16 on LE5 |
(429.) | Lot 19 on LE5 |
(430.) | Lot 12 on LE282 |
(431.) | Lot 17 on LE5 |
(432.) | Lot 20 on LE5 |
(433.) | Lot 29 on LE16 |
(434.) | Lot 18 on LE5 |
(435.) | Lot 5 on LE167 |
(436.) | Lot 4 on LHDT40324 |
(437.) | Lot 2 on SP243217 |
(438.) | Lot 1 on SP243217 |
(439.) | Lot 16 on LE282 |
(440.) | Lot 23 on F409 |
(441.) | Lot 151 on FT114 |
(442.) | Lot 86 on FT51 |
(443.) | Lot 24 on F4016 |
(444.) | Lot 165 on FT173 |
(445.) | Lot 167 on FT173 |
(446.) | Lot 170 on FT173 |
(447.) | Lot 121 on FT53 |
(448.) | Lot 24 on FT54 |
(449.) | Lot 114 on FT51 |
(450.) | Lot 26 on F4014 |
(451.) | Lot 74 on F4025 |
(452.) | Lot 28 on F4016 |
(453.) | Lot 22 on F409 |
(454.) | Lot 21 on F409 |
(455.) | Lot 112 on FT53 |
(456.) | Lot 122 on FT53 |
(457.) | Lot 73 on F4024 |
(458.) | Lot 75 on F4025 |
(459.) | Lot 166 on FT173 |
(460.) | Lot 33 on FT608 |
(461.) | Lot 113 on FT51 |
(462.) | Lot 120 on FT52 |
(463.) | Lot 42 on FT54 |
(464.) | Lot 25 on F4016 |
(465.) | Lot 23 on FT837 |
(466.) | Lot 13 on FT9 |
(467.) | Lot 168 on FT173 |
(468.) | Lot 115 on FT51 |
(469.) | Lot 116 on FT51 |
(470.) | Lot 117 on FT51 |
(471.) | Lot 118 on FT51 |
(472.) | Lot 26 on FT589 |
(473.) | Lot 27 on F4016 |
(474.) | Lot 27 on FT885 |
(475.) | Lot 3 on SP104607 |
(476.) | Lot 1 on RP156607 |
(477.) | Lot 169 on FT173 |
(478.) | Lot 71 on F4024 |
(479.) | Lot 29 on F4014 |
(480.) | Lot 4 on SP104607 |
(481.) | Lot 1 on RP216387 |
(482.) | Lot 6 on RP216387 |
(483.) | Lot 30 on LE25 |
(484.) | Lot 32 on LE25 |
(485.) | Lot 6 on LAB4011 |
(486.) | Lot 5 on LE303 |
(487.) | Lot 8 on LE316 |
(488.) | Lot 34 on LE25 |
(489.) | Lot 47 on LE167 |
(490.) | Lot 9 on LE226 |
(491.) | Lot 31 on LE25 |
(492.) | Lot 48 on LE316 |
(493.) | Lot 1 on LE289 |
(494.) | Lot 1 on RP911099 |
(495.) | Lot 2 on RP911099 |
(496.) | Lot 28 on LE9 |
(497.) | Lot 27 on LE9 |
(498.) | Lot 2 on LE297 |
(499.) | Lot 26 on LE9 |
(500.) | Lot 77 on USL45165 |
(501.) | Lot 9 on LE189 |
(502.) | Lot 33 on LE25 |
(503.) | Lot 1 on AP3608 |
(504.) | Lot 21 on FT191 |
(505.) | Lot 31 on FT715 |
3. Specifically, and to avoid any doubt, the land and waters described in paragraph 1 above includes the land or waters on which any public work, as defined in s 253 of the Native Title Act 1993 (Cth), is or was constructed, established or situated, and to which ss 23B(7) and 23C(2) of the Native Title Act 1993 (Cth) and to which s 21 of the Native Title (Queensland) Act 1993 (Qld), applies, together with any adjacent land or waters in accordance with s 251D of the Native Title Act 1993 (Cth), and includes, but is not limited to, the whole of the land and waters described as:
(a) That part of Lot 44 on Plan FTY1714 formerly described as Lot 6 on Plan LE304 that is within the External Boundary Description described in Part 5 of Schedule 1; and
(b) That part of Lot 55 on Plan FTY1153 formerly described as Lot 5 on AB248 that is within the External Boundary Description described in Part 5 of Schedule 1.
Part B
The land and waters the subject of one or more category A intermediate period acts, as defined in s 232B of the Native Title Act 1993 (Cth) and to which s 13AA of the Native Title (Queensland) Act 1993 (Qld) applies (notwithstanding that the areas, or parts of them, may have been subject to an earlier act or acts that extinguished native title), do not form part of the Determination Area. Specifically, and to avoid any doubt, such areas include (but are not limited to) the whole of the land and waters described as:
(1.) | Lot 2 on FT206 |
(2.) | Lot 2 on FT207 |
(3.) | Lot 2 on FT210 |
(4.) | Lot 241 on SP116401 |
(5.) | Lot 242 on SP116402 |
(6.) | Lot 212 on SP116400 |
SCHEDULE 3 – NATIVE TITLE HOLDERS
The native title holders are the Iman People. The Iman People are the descendants of one or more of the following people:
(a) Mary Arwa;
(b) Jim Waterton;
(c) Ada Robinson;
(d) Maggie Palmtree;
(e) Lizzie Palmtree;
(f) Eliza Shields;
(g) Mary Ann (mother of Maggie Dunn);
(h) Fanny Waddy/Sandy;
(i) Dick Bundi/Bundai and Alice Dutton; or
(j) the mother of John Serico (known as Aggie).
SCHEDULE 4 – OTHER INTERESTS IN THE DETERMINATION AREA
The nature and extent of the other interests in relation to the Determination Area are the following as they exist as at the date of the determination:
1. The rights and interests of the parties under the following agreements:
(a) the agreement entitled Santos, Petronas and Iman People #2 GLNG ILUA (QI2010/10) registered on the Register of Indigenous Land Use Agreements on 18 October 2010;
(b) the agreement entitled Australia Pacific LNG and Iman People ILUA (QI2011/025) registered on the Register of Indigenous Land Use Agreements on 11 November 2011;
(c) the agreement entitled APLNG and Iman People Fairview and Eurombah Creek Projects ILUA (QI2013/032) registered on the Register of Indigenous Land Use Agreements on 9 December 2013;
(d) the agreement entitled ATP701P CSG ILUA (QI2002/044) registered on the Register of Indigenous Land Use Agreements on 8 August 2003;
(e) the agreement between Richard Doyle, Patrick Silvester, Kenny Waterton, Eve Fesl, Eddie Waddy, Graham Anderson, Arwa Waterton, Cynthia Kemp, Bradley Curtis, Dena Marie Dodd-Ugle, Heidi Anne-Marie Lawson, Bevan Tull, Stuart White and Jason Jarro on their own behalf and on behalf of the Iman People and the Banana Shire Council, Central Highlands Regional Council, Maranoa Regional Council and Western Downs Regional Council as parties to the Iman People and Local Government ILUA (QI2015/012) registered on the Register of Indigenous Land Use Agreements on 14 September 2015;
(f) the agreement between Richard Doyle, Patrick Silvester, Ken Waterton, Eve Fesl, Edward Waddy, Graham Anderson, Arwa Waterton, Cynthia Kemp, Bradley Curtis, Dena Marie Dodd-Ugle, Heidi Anne-Marie Lawson, Stuart White, Bevan Tull and Jason Jarro on their own behalf and on behalf of the Iman People #2 and Consolidated Pastoral Company Pty Limited as parties to the Iman People #2 Comely and Mapala ILUA dated 9 May 2016;
(g) the agreement between Richard Doyle, Patrick Silvester, Ken Waterton, Eve Fesl, Edward Waddy, Graham Anderson, Arwa Waterton, Cynthia Kemp, Bradley Curtis, Dena Marie Dodd-Ugle, Heidi Anne-Marie Lawson, Stuart White, Bevan Tull and Jason Jarro on their own behalf and on behalf of the Iman People #2 and Eion Evan Atkins as parties to the Iman People #2 Coorada ILUA dated 11 May 2016;
(h) the agreement between Richard Doyle, Patrick Silvester, Ken Waterton, Eve Fesl, Edward Waddy, Graham Anderson, Arwa Waterton, Cynthia Kemp, Bradley Curtis, Dena Marie Dodd-Ugle, Heidi Anne-Marie Lawson, Stuart White, Bevan Tull and Jason Jarro on their own behalf and on behalf of the Iman People #2 and Patrick Robert Scott, Joan Marjorie Cogill, William Robert Cogill and Kathleen Ann Harrison as parties to the Iman People #2 Glenleigh ILUA dated 16 June 2016;
(i) the agreement between Richard Doyle, Patrick Silvester, Ken Waterton, Eve Fesl, Edward Waddy, Graham Anderson, Arwa Waterton, Cynthia Kemp, Bradley Curtis, Dena Marie Dodd-Ugle, Heidi Anne-Marie Lawson, Stuart White, Bevan Tull and Jason Jarro on their own behalf and on behalf of the Iman People #2 and Owen Arthur Price, Brigid Ann Price and Gail Lorraine Price as parties to the Iman People #2 Korcha ILUA dated 3 May 2016;
(j) the agreement between Richard Doyle, Patrick Silvester, Ken Waterton, Eve Fesl, Edward Waddy, Graham Anderson, Arwa Waterton, Cynthia Kemp, Bradley Curtis, Dena Marie Dodd-Ugle, Heidi Anne-Marie Lawson, Stuart White, Bevan Tull and Jason Jarro on their own behalf and on behalf of the Iman People #2 and Andrew Douglas Simmons and Tracey Robin Simmons as parties to the Iman People #2 Woodine ILUA dated 26 April 2016;
(k) the agreement between Richard Doyle, Patrick Silvester, Kenny Waterton, Eve Fesl, Eddie Waddy, Graham Anderson, Arwa Waterton, Cynthia Kemp, Bradley Curtis, Dena Marie Dodd-Ugle and Heidi Anne-Marie Lawson on their own behalf and on behalf of the Iman People #2; Elliot Anderson, Elizabeth Blucher, Robert Bond, Brian Clancy, Robert Clancy, Desmond Dodd, Annette Fuller, Elizabeth Law, Drew Millar, Marjorie Reid, Neil Saltner, Ivan Saltner, Celeste Williams, Jeffrey Williams and Jill Wilson on their own behalf and on behalf of the Wulli Wulli People, SunWater Limited (ACN 131 034 985) and the State of Queensland as parties to the Nathan Dam, Glebe Weir Raising and Pipelines Project ILUA dated 14 January 2013;
(l) the agreement between Richard Doyle, Patrick Silvester, Kenny Waterton, Eve Fesl, Eddie Waddy, Graham Anderson, Arwa Waterton, Cynthia Kemp, Bradley Curtis, Dena Marie Dodd-Ugle, Heidi Anne-Marie Lawson, Stuart White, Jason Jarro and Bevan Tull on their own behalf and on behalf of the Iman People #2, the Minister for Economic Development Queensland and the State of Queensland as parties to the Wandoan and Taroom ILUA dated 3 December 2015; and
(m) the agreement between Patrick Silvester, Kenny Waterton, Eve Fesl, Richard Doyle, Eddie Waddy, Graham Anderson, Cynthia Kemp, Arwa Waterton, Bradley Curtis, Dena Marie Dodd-Ugle, Heidi Anne-Marie Lawson, Stuart White, Bevan Tull and Jason Jarro on their own behalf and on behalf of the Iman People #2 QUD 6162/1998 and Ergon Energy Corporation Limited ACN 087 646 062 dated 15 December 2015.
2. The rights and interests of Santos TOG Corp, PAPL (Upstream) Pty Limited, Total E&P Australia, Total E&P Australia II, Santos TOGA Pty Ltd, KGLNG E&P Pty Ltd, Santos TPY CSG Corp, Santos QNT Pty Ltd, Santos TPY Corp and Santos Queensland Corp as holders of:
(a) petroleum leases numbered 90, 91, 92, 99, 100, 232, 234, 235 and 236 granted under the Petroleum Act 1923 (Qld);
(b) an authority to prospect number 526 granted under the Petroleum Act 1923 (Qld); and
(c) petroleum pipeline licence number 76 granted under the Petroleum Act 1923 (Qld) and administered under the Petroleum and Gas (Production and Safety) Act 2004 (Qld).
3. The rights and interests of Santos GLNG Pty Ltd, PAPL (Downstream) Pty Limited and Total GLNG Australia as holders of petroleum pipeline licence number 166 granted under the Petroleum and Gas (Production and Safety) Act 2004 (Qld).
4. The rights and interests of Santos TOGA Pty Ltd, PAPL (Upstream) Pty Limited, Total E&P Australia, Total E&P Australia II and KGLNG E&P Pty Ltd as holders of petroleum pipeline licence number 92 granted under the Petroleum Act 1923 (Qld) and administered under the Petroleum and Gas (Production and Safety) Act 2004 (Qld).
5. The rights and interests of Santos GLNG Pty Ltd, PAPL (Downstream) Pty Limited, Total GLNG Australia and KGLNG Liquefaction Pty Ltd as holders of petroleum pipeline licences numbered 118, 147, 164 and 193 granted under the Petroleum and Gas (Production and Safety) Act 2004 (Qld).
6. The rights and interests of Total E&P Australia III, Bronco Energy Pty Limited, PAPL (Upstream II) Pty Limited and KGLNG E&P II Pty Ltd as holders of authority to prospect number 803 granted under the Petroleum and Gas (Production and Safety) Act 2004 (Qld).
7. The rights and interests of Vamgas Pty Ltd, PAPL (Upstream II) Pty Limited, KGLNG E&P Pty Ltd, Total E&P Australia and Total E&P Australia II as holders of authority to prospect number 868 granted under the Petroleum and Gas (Production and Safety) Act 2004 (Qld).
8. The rights and interests of PAPL (Upstream II) Pty Limited, Santos QNT Pty Ltd, Total E&P Australia, Total E&P Australia II, Vamgas Pty Ltd and KGLNG E&P Pty Ltd as holders of petroleum lease number 176 granted under the Petroleum Act 1923 (Qld).
9. The right and interests of:
(a) the holders under the following petroleum tenures and other petroleum authorities:
(i) Australia Pacific LNG Pty Limited as the holder of petroleum leases numbered 408, 415, 416 and 417 administered under the Petroleum and Gas (Production and Safety) Act 2004 (Qld);
(ii) Australia Pacific LNG Pty Limited as the holder of authorities to prospect numbered 592, 606 and 692 and petroleum leases numbered 195, 209 and 220 granted under the Petroleum Act 1923 (Qld) and administered under the Petroleum and Gas (Production and Safety) Act 2004 (Qld);
(iii) Australia Pacific LNG Pty Limited as the holder of petroleum lease number 203 granted and administered under the Petroleum Act 1923 (Qld);
(iv) Australia Pacific LNG CSG Marketing Pty Limited and Australia Pacific LNG Pty Limited as the holders of petroleum lease number 204 granted and administered under the Petroleum Act 1923 (Qld);
(v) Australia Pacific LNG Pty Limited and Australia Pacific LNG (Moura) Pty Limited as the holders of petroleum lease number 101 granted and administered under the Petroleum Act 1923 (Qld);
(vi) Australia Pacific LNG Gladstone Pipeline Pty Limited as the holder of pipeline licence number 163 granted and administered under the Petroleum and Gas (Production and Safety) Act 2004 (Qld);
(vii) Australia Pacific LNG CSG Transmissions Pty Limited as the holder of pipeline licences numbered 143 and 180 granted and administered under the Petroleum and Gas (Production and Safety) Act 2004 (Qld); and
(viii) Oil Company of Australia (Moura) Transmissions Pty Limited as the holder of pipeline licence number 90 granted under the Petroleum Act 1923 (Qld) and administered under the Petroleum and Gas (Production and Safety) Act 2004 (Qld);
(b) Australia Pacific LNG Pty Limited arising under:
(i) the Right to Negotiate Deed of Agreement dated 21 September 2010 regarding the proposed grant of Petroleum Lease Number 268 (in replacement of Petroleum Lease Number 203) under s 31(1)(b) of the Native Title Act 1993 (Cth) between the State of Queensland, Patrick Silvester, Russell Tatow, Troy Noble, Cynthia Kemp, Eve Fesl, Fred Tull, Fergus Waterton, Richard Doyle and Madonna Barnes acting on their own behalf and on behalf of the Iman People #2, Leslie Weribone, Alexandra Combarngo, David Combarngo, Phyllis Hopkins, Lorraine Tomlinson, Miranda Mailman, Sylvia McCarthy, Violet Costa, Sarah Trindall and Leigh Himstedt, acting on their own behalf and on behalf of the Mandandanji People and Australia Pacific LNG Pty Limited;
(ii) the Right to Negotiate Deed of Agreement dated 17 September 2010 regarding the addition of Excluded Land into Authority to Prospect 592 and any subsequent Petroleum Lease(s) under s 31(1)(b) of the Native Title Act 1993 (Cth) between the State of Queensland, Patrick Silvester, Russell Tatow, Troy Noble, Cynthia Kemp, Eve Fesl, Fred Tull, Fergus Waterton, Richard Doyle and Madonna Barnes acting on their own behalf and on behalf of the Iman People #2, Leslie Weribone, Alexandra Combarngo, David Combarngo, Phyllis Hopkins, Lorraine Tomlinson, Miranda Mailman, Sylvia McCarthy, Violet Costa, Sarah Trindall and Leigh Himstedt, acting on their own behalf and on behalf of the Mandandanji People and Australia Pacific LNG Pty Limited;
(iii) the Agreement dated 1 July 2010 that is ancillary to the Deeds in paragraphs 9(b)(i) and 9(b)(ii) above between Australia Pacific LNG Pty Limited and Russell Tatow, Patrick Silvester, Cynthia Kemp, Eve Fesl, Troy Noble, Fred Tull, Fergus Waterton, Richard Doyle and Madonna Barnes, acting on their own behalf and on behalf of the Iman People #2;
(iv) the Right to Negotiate Deed of Agreement dated 10 December 2014 regarding the addition of further Excluded Land into Authority to Prospect 592 and any subsequent Petroleum Lease under s 31(1)(b) of the Native Title Act 1993 (Cth) between the State of Queensland, Australia Pacific LNG Pty Limited, Richard Doyle, Patrick Silvester, Kenny Waterton, Eve Fesl, Eddie Waddy, Graham Anderson, Arwa Waterton, Cynthia Kemp, Bradley Curtis, Dena Marie Dodd-Ugle, Heidi Anne-Marie Lawson, Stuart White, Jason Jarro and Bevan Tull, acting on their own behalf and on behalf of the Iman People #2, Brendan Wyman, Patricia Fraser, Helen Coulahan, Sheryl Lawton, Keelen Mailman, Robert Raymond Robinson, Floyd Robinson, Randall Johnson and Robert Ernest Mailman acting on their own behalf and on behalf of the Bidjara People, Leslie Weribone, Wayne Weribone, Vincent Anderson, Tracy Landers, Theresa Manns, Rodney Landers, Neville Munn, Leigh Himstedt, Alexandra Combarngo, Jude Saldanha, Max MacDonald and Alex Costa acting on their own behalf and on behalf of the Mandandanji People; and
(v) the Agreement dated 2 December 2014 that is ancillary to the Deed in paragraph 9(b)(iv) above between Australia Pacific LNG Pty Limited, Richard Doyle, Patrick Silvester, Kenny Waterton, Eve Fesl, Eddie Waddy, Graham Anderson, Arwa Waterton, Cynthia Kemp, Bradley Curtis, Dena Marie Dodd-Ugle, Heidi Anne-Marie Lawson, Stuart White, Jason Jarro and Bevan Tull, being the Iman Applicant; and
(c) Origin Energy Resources Limited and Australia Pacific LNG Pty Limited arising under the Cultural Heritage Management Plan dated 11 June 2010 between Origin Energy Resources Limited and Russell Tatow, Patrick Silvester, Cynthia Kemp, Eve Fesl, Troy Noble, Fred Tull, Fergus Waterton, Richard Doyle and Madonna Barnes, the Endorsed Aboriginal Parties for and on behalf of the Iman People 2 Native Title Claim Group.
10. The rights and interests of Glencore Coal Queensland Pty Limited ACN 098 156 702:
(a) as the holder of exploration permits EPC 787, EPC 790, EPC 792, EPC 838, EPC 859, EPC 1143, EPC 1559, EPC 1615, EPC 1699 and EPC 2032 granted under the Mineral Resources Act 1989 (Qld);
(b) as the holder of mineral development licences MDL 221, MDL 222, MDL 223, MDL 411, MDL 412, MDL 413, MDL 414 and MDL 449 granted under the Mineral Resources Act 1989 (Qld);
(c) arising under the Cultural Heritage Management Plan Agreement – Wandoan Project between Glencore Coal Queensland Pty Ltd, ICRA Wandoan Pty Ltd, Sumisho Coal Australia Pty Limited and the applicant at the time for the Iman People, and under the decision of the Land Court of Queensland in the matter of Xstrata Coal Queensland & Ors v Russell Tatow & Ors [2008] QLC 0226;
(d) arising under the decision of the National Native Title Tribunal in the matter of Russell Tatow & Ors (Iman People #2)/Xstrata Coal Queensland Pty Ltd, ICRA Wandoan Pty Ltd, Sumisho Coal Australia Pty Ltd/Queensland [2010] NNTTA 54 (19 April 2010), and under the Mining Lease Consent Agreement for ML 50229 and ML 50231 between Russell Tatow, Patrick Silvester Cynthia Kemp, Eve Fesl, Troy Noble, Fred Tull, Fergus Waterton, Richard Doyle and Madonna Barnes acting on their own behalf and on behalf of the Iman People #2 native title claim group, Xstrata Coal Queensland Pty Ltd, ICRA Wandoan Pty Ltd and Sumisho Coal Australia Pty Limited; and
(e) arising under the Deed regarding the renewal of exploration permit(s) pursuant to s 31 of the Native Title Act 1993 (Cth) for EPC 790 between Glencore Coal Queensland Pty Ltd (formerly Xstrata Coal Queensland Pty Ltd), ICRA Wandoan Pty Ltd (formerly ICRA RPW Pty Ltd) and Sumisho Coal Australia Pty Limited, the applicant at the time for the Iman People and the State of Queensland dated 8 May 2008 and the associated Exploration Permit Consent Agreement between Glencore Coal Queensland Pty Ltd (formerly Xstrata Coal Queensland Pty Ltd), ICRA Wandoan Pty Ltd (formerly ICRA RPW Pty Ltd), Sumisho Coal Australia Pty Limited and the Iman People #2 native title claim group dated 7 December 2007.
11. The rights and interests of Jemena Queensland Gas Pipeline (1) Pty Ltd and Jemena Queensland Gas Pipeline (2) Pty Ltd as the holders of pipeline licence 30 granted under the Petroleum Act 1923 (Qld).
12. The rights and interests of Telstra Corporation Limited ACN 051 775 556:
(a) as the owner or operator of telecommunications facilities installed within the Determination Area;
(b) 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 rights:
(i) to inspect land;
(ii) to install and operate telecommunication facilities;
(iii) to alter, remove, replace, maintain, repair and ensure the proper functioning of its telecommunications facilities;
(c) for its employees, agents or contractors to access its telecommunication facilities in and in the vicinity of the Determination Area in performance of their duties; and
(d) under any licence, lease, access agreement or easement relating to its telecommunications facilities in the Determination Area.
13. The rights and interests of Ergon Energy Corporation Limited ACN 087 646 062:
(a) as the owner and operator of any “Works” as that term is defined in the Electricity Act 1994 (Qld) within the Determination Area;
(b) as a distribution entity and the holder of a distribution authority under the Electricity Act 1994 (Qld); and
(c) created under the Electricity Act 1994 (Qld) and the Government Owned Corporations Act 1993 (Qld) including:
(i) rights in relation to any agreement relating to the Determination Area existing or entered into before the date on which these orders are made;
(ii) rights to enter the Determination Area by its employees, agents or contractors to exercise any of the rights and interests referred to in this paragraph; and
(iii) to inspect, maintain and manage any Works in the Determination Area.
14. The rights and interests of Queensland Electricity Transmission Corporation Limited trading as Powerlink Queensland ACN 078 849 233 as an electricity entity exercising statutory functions, powers or rights and as the owner and operator of electricity transmission facilities and associated infrastructure situated upon the Determination Area, including but not limited to the right to enter upon the Determination Area.
15. The rights and interests of the State of Queensland, Banana Shire Council, Central Highlands Regional Council, Western Downs Regional Council and Maranoa Regional Council to access, use, operate, maintain and control the dedicated roads in the Determination Area and the rights and interests of the public to use and access the roads.
16. The rights and interests of Banana Shire Council, Central Highlands Regional Council, Western Downs Regional Council and Maranoa Regional Council:
(a) under their local government jurisdiction and functions under the Local Government Act 2009 (Qld), the Lands Protection (Pests and Stock Route Management) Act 2002 (Qld) and under any other legislation, for that part of the Determination Area within the area declared to be their respective local government area under the Local Government Regulations 2012 (Qld);
(b) as the:
(i) lessor under any leases which were validly entered into before the date on which these orders are made and whether separately particularised in these orders or not;
(ii) grantor of any licences or other rights and interests which were validly granted before the date on which these orders were made and whether separately particularised in these orders or not;
(iii) holder of any estate or interest in land, including as trustee of any reserves, that exist in the Determination Area;
(c) as the owner and operator of infrastructure, and those facilities and other improvements located in the Determination Area validly constructed or established on or before the date on which these orders are made, including but not limited to:
(i) undedicated but constructed roads except for those not operated by Council;
(ii) water bores, water point facilities, water pipelines and other infrastructure for the supply of water;
(iii) drainage facilities; and
(iv) gravel pits;
(d) to enter the land for the purposes described in paragraphs (a), (b) and (c) above by their employees, agents or contractors to:
(i) exercise any of the rights and interests referred to in paragraph 16 above;
(ii) inspect, maintain and repair the infrastructure, facilities and other improvements referred to in paragraph (c) above;
(iii) undertake operational activities in its capacity as a local government such as feral animal control, weed control, erosion control, waste management and fire management.
17. The rights and interests of SunWater Limited ACN 131 034 985 as the grantee of the following easements located within the Determination Area:
(a) Easement 716558819;
(b) Easement 716558797; and
(c) Easement 716558808.
18. The rights and interests of the State of Queensland or any other person existing by reason of the force and operation of the laws of the State of Queensland, including those existing by reason of the following legislation or any regulation, statutory instrument, declaration, plan, authority, permit, lease or licence made, granted, issued or entered into under that legislation:
(a) the Land Act 1994 (Qld);
(b) the Nature Conservation Act 1992 (Qld);
(c) the Forestry Act 1959 (Qld);
(d) the Water Act 2000 (Qld);
(e) the Petroleum Act 1923 (Qld) or Petroleum and Gas (Production and Safety) Act 2004 (Qld);
(f) the Mineral Resources Act 1989 (Qld);
(g) the Integrated Planning Act 1997 (Qld) or Sustainable Planning Act 2009 (Qld);
(h) the Transport Infrastructure Act 1994 (Qld);
(i) the Fire and Rescue Service Act 1990 (Qld) or Ambulance Service Act 1991 (Qld); and
(j) the Fisheries Act 1994 (Qld).
19. The rights and interests of members of the public arising from the common law, including but not limited to the following:
(a) any subsisting public right to fish; and
(b) the public right to navigate.
20. So far as confirmed pursuant to s 212(2) of the Native Title Act 1993 (Cth) and s 18 of the Native Title Act (Queensland) Act 1993 (Qld) as at the date of this Determination, any existing public access to, and enjoyment of, the following places in the Determination Area:
(a) waterways;
(b) beds and banks or foreshores of waterways;
(c) stock routes; and
(d) areas that were public places at the end of 31 December 1993.
21. Any other rights and interests:
(a) held by the State of Queensland or Commonwealth of Australia; or
(b) existing by reason of the force and operation of the Laws of the State and the Commonwealth.
Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
REEVES J:
INTRODUCTION
1 On 30 October 1997, some 19 years ago, an application for a native title determination was lodged with the National Native Title Tribunal on behalf of the Iman People. To be specific, this application, the Iman People #2 application, was one of three Iman applications lodged with the Tribunal, or filed with the Court, in the late 1990s. The other two applications were subsequently dismissed (in the case of Iman People #1) or discontinued (in the case of Iman People #3).
2 This remaining application covers over 13,997 square kilometres of land in Central Queensland surrounding the towns of Taroom and Wandoan, including Robinson Gorge National Park, Expedition National Park and Isla Gorge National Park. The application has been amended on a number of occasions, primarily to replace the Iman Applicant and to make changes to various schedules within it. The application remains registered on the Register of Native Title Claims.
3 Over the years, a number of persons and organisations have become respondent parties to this proceeding and, in the course of the recent negotiations, a considerable number of those parties have withdrawn. The remaining parties include: the State of Queensland; the Western Downs, Maranoa, and Central Highlands Regional Councils; the Banana Shire Council; Ergon Energy Corporation Limited; Telstra Corporation Limited; a number of mining companies; and a larger number of pastoralists.
4 The parties have now informed the Court that they have reached agreement to resolve this proceeding in relation to all but three parcels of land within the claim area. Accordingly, the parties have requested that the Court make a determination of native title under s 87A of the Native Title Act 1993 (Cth) (the NTA) in the terms of the agreement filed with the Court on 7 June 2016 as amended on 22 June 2016 (the s 87A Agreement).
THE LONG HISTORY OF THE IMAN PEOPLE’S CLAIM
5 In my recent judgment in Congoo on behalf of the Bar Barrum People #2 [2016] FCA 693, which I delivered less than two weeks ago, I referred to the Court’s grave concern regarding the length of time it is taking to finalise many of the native title determination applications that have been filed in the Court or lodged with the Tribunal since 1994. This concern particularly applies in this matter where 19 years have elapsed since the application was originally lodged. In that period, many of the senior members of the Iman People have passed away without seeing their native title recognised.
6 In my judgment in Kearns on behalf of the Gunggari People #2 v State of Queensland [2012] FCA 651, I endorsed the observations of Rares J in Prior on behalf of the Juru (Cape Upstart) People v State of Queensland & Ors (No 2) [2011] FCA 819 (at [32]) as follows:
Delays of the kind experienced in this litigation cannot be tolerated. Justice delayed is justice denied. As Lord Hailsham of St Marylebone LC said in Reg v Lawrence [1982] AC 510 at 517B: “Where there is delay the whole quality of justice deteriorates.”
7 In recent years, particularly since the 2009 amendments to the NTA and the introduction of Part VB to the Federal Court of Australia Act 1976 (Cth), the Court has sought to use its case management powers to attempt to reduce and avoid these sorts of delay occurring in its native title lists. The Court has also adopted a priority listing system of native title proceedings to attempt to ensure that its native title lists are dealt with as justly, quickly, inexpensively and efficiently as possible.
THE CRITERIA IN SECTION 87A OF THE NATIVE TITLE ACT 1993 (CTH) ARE SATISFIED
8 The application of the parties in this matter concerns a proposed determination of native title for a part of the area under claim. That being so, the power of the Court to give effect to the parties’ agreement is founded on s 87A of the NTA. That section sets out various criteria which must be met before the Court may make such a determination of native title. The first necessary criterion is that there is extant a proceeding in relation to an application for a determination of native title (s 87A(1)(a)). The Iman People #2 proceeding is such a proceeding so that criterion has been met.
9 The second criterion is that the notice period under s 66 of the NTA must have ended prior to the parties’ agreement being reached (s 87A(1)(b)). The Tribunal’s notification of the Iman People #2 application was completed in 2002 and so that criterion has long been met.
10 The third criterion is that the area the subject of the proposed determination must be included in the area covered by the application (s 87A(1)(b)). As has already been mentioned above, the agreement relates to all but three parcels of land within the claim area for the Iman People #2 application. Accordingly, that criterion has also been met.
11 The fourth criterion is that certain persons must be parties to the agreement in question (s 87A(1)(c)). On this criterion, it is convenient to mention first that, under s 87A(1)(c)(vii), the Commonwealth Minister must be a party to the agreement in question if he or she “is a party to the proceeding at the time the agreement is made or has intervened in the proceeding at any time before the agreement is made”. In this matter, while the Commonwealth Minister became a party in 2002, in 2013 he filed a notice under s 84(7) ceasing to be a party. He does not therefore fall within the first limb of s 87A(1)(c)(vii) above. However, that does not necessarily dispose of the second limb. To address this matter, I requested submissions from the Iman Applicant on the question whether this step of becoming a party, or any other step taken by the Commonwealth Minister, constituted an intervention in the proceeding under the second limb to s 87(1)(c)(vii) above, such that he must now be a party to the s 87A agreement. Having considered the submissions I subsequently received, I consider that that limb of the subsection is directed to an intervention by the Commonwealth Minister under s 84A of the NTA and it is therefore unnecessary for him to be a party to the s 87A agreement in this instance.
12 Aside from that subsection, the persons or entities that must be parties to the s 87A agreement in this matter are: the Iman Applicant (s 87A(1)(c)(i)); each person who holds an interest in relation to the land or waters in any part of the determination area at the time the agreement is made and who is a party to the proceeding at the time the agreement is made, namely Ergon Energy Corporation Limited, Telstra Corporation Limited, the mining companies and the pastoralists mentioned above (s 87A(1)(c)(ii)); the State of Queensland (s 87A(1)(c)(viii)) and the various local government bodies: the Banana Shire Council; the Central Highlands Regional Council; the Maranoa Regional Council; and the Western Downs Regional Council (s 87A(1)(c)(ix)). Since all of these persons or entities are parties to the s 87A agreement, and none of the other subsections of s 87A(1)(c) applies in this case, I consider this criterion has been met.
13 The fifth criterion is that the terms of the proposed determination must be in writing and signed by each of the abovementioned parties (s 87A(1)(d)). Having examined the proposed determination which was attached to the s 87A agreement filed by the Iman Applicant on 7 June 2016 and amended on 22 June 2016, I am satisfied that this criterion has also been met.
14 Next, as mentioned immediately above, the Iman Applicant filed a copy of the proposed determination with the Court on 7 June 2016 and amended it on 22 June 2016. In that event, s 87A(3) of the NTA requires the Registrar of the Court to give notice to the other parties to the proceeding that such a filing has occurred. While all those parties are required to be, and are in this case, parties to the s 87A agreement, nonetheless the Deputy Registrar (Native Title) gave such a notice to those parties on 20 June 2016. This sixth criterion has therefore been satisfied.
15 The seventh criterion is that the Court must be satisfied that an order in, or consistent with, the terms of the proposed determination would be within the power of the Court (s 87A(4)(a)). A determination of native title will be within the power of the Court if: it is consistent with s 94A of the NTA; the rights and interests included in the proposed determinations are recognisable by the common law of Australia; and there is no other determination in existence over the area the subject of the proposed determination.
16 Section 94A requires the Court, in making a determination, to set out the details of the matters mentioned in s 225 of the NTA. Section 225 outlines the required content of a determination of native title as follows:
A determination of native title is a determination whether or not native title exists in relation to a particular area (the determination area) of land and waters and, if it does exist, a determination of:
(a) who the persons, or each group of persons, holding the common or group rights comprising the native title are; and
(b) the nature and extent of the native title rights and interests in relation to the determination area; and
(c) the nature and extent of any other interests in relation to the determination area; and
(d) the relationship between the rights and interests in paragraphs (b) and (c) (taking into account the effect of this Act); and
(e) to the extent that the land or waters in the determination area are not covered by a non-exclusive agricultural lease or a non-exclusive pastoral lease – whether the native title rights and interests confer possession, occupation, use and enjoyment of that land or waters on the native title holders to the exclusion of all others.
(Emphasis in original; note omitted)
17 The Iman Applicant has filed a detailed set of submissions in which it has described the native title rights and interests that the Iman People hold in the proposed determination area. Those submissions reference the extensive work undertaken by the anthropologist, Dr Fiona Powell and by the historian, Dr Rosalind Kidd. At different stages of this proceeding, Dr Powell prepared seven reports, each of which has been filed with the Court. Dr Kidd’s historical report was prepared and filed in December 2012.
18 Having read that material, I am satisfied that the native title rights and interests of the Iman People in the proposed determination area are recognisable by the common law of Australia. Further, with specific regard to the provisions of ss 94A and 225 of the NTA, having examined that material and the proposed determination attached to the s 87A agreement, I am satisfied that each of the matters outlined in those sections is properly articulated in the proposed determination. Finally, I am also satisfied that there is no other determination of native title in existence over any part of the proposed determination area.
19 The final criterion the parties need to meet in order for the Court to make the proposed determination of native title concerns the operation of s 87A(4)(b) of the NTA. That section requires the Court to be satisfied that it would be appropriate to make a determination in terms of the parties’ agreement.
20 In Nelson v Northern Territory of Australia (2010) 190 FCR 344; [2010] FCA 1343 (Nelson) (at [5]–[13]), I canvassed the authorities that identified the factors that the Court will routinely have regard to in determining this question of “appropriateness”, with respect to the corresponding provision in s 87(1A). I consider those observations apply equally to a determination under s 87A of the NTA. It is not necessary for me to repeat all those observations here, it will suffice to set out the concluding summary as follows (at [14]):
It follows from all these considerations that the central issue in an application for a consent determination under s 87 is whether there exists a free and informed agreement between the parties. In this respect, the process followed by the State party respondent, particularly how it goes about assessing the underlying evidence as to the existence of native title, is critical. Other critical factors, all directed to the processes that lead to the agreement and what was agreed, that have been previously identified by the Court include: whether the parties have independent and competent legal representation..; whether the terms of the proposed order are unambiguous and clear …; and whether the agreement has been preceded by a mediation process …
(Citations omitted)
21 As I have already mentioned above, the Iman Applicant has filed a detailed set of submissions in support of this proposed determination. Having regard to those submissions, I am satisfied that the steps taken by the parties as described therein, together with the fact that all parties have had the advantage of competent legal representation, indicates that their agreement is free and informed. I also take into account the fact that the proposed consent determination has been preceded by an intense process of case management conducted by a Deputy Registrar of this Court. Finally, I am satisfied that the terms of the proposed determination are unambiguous and clear. I am therefore satisfied it is appropriate to make the proposed determination attached to the s 87A agreement.
A BRIEF REVIEW OF SOME OF THE MATERIALS ABOUT THE IMAN PEOPLE’S NATIVE TITLE
22 Notwithstanding this conclusion, I consider it is appropriate to review briefly some of the anthropological evidence and the evidence of some of the members of the Iman claim group that go to establish that the Iman People hold native title over the determination area. As in Nelson, I do not do this to second guess the process that has been followed by the parties as outlined above, but to provide some acknowledgment to the time and effort that has obviously been devoted to the preparation of the materials that have been placed before the Court in support of this application.
23 The proposed determination recognises that native title is held by the descendants of the following apical ancestors of the Iman people:
(a) Mary Arwa
(b) Jim Waterton
(c) Ada Robinson
(d) Maggie Palmtree
(e) Lizzie Palmtree
(f) Eliza Shields
(g) Mary Dunn (mother of Maggie Dunn)
(h) Fanny Waddy/Sandy
(i) Dick Bundi/Bundai and Alice Dutton
(j) Mother of John Serico (known as Aggie).
24 In addition to the experts’ reports mentioned above, a number of members of the Iman claim group – Mr Marshall Bell, Ms Beatrice Henry, Ms Doreen Edmonds, Ms Priscilla Isles, Mr Patrick Silvester, Mr Lawrence Bundi, Mr Eddy Waddy, Mr Richard Doyle Snr, Mr Terrence Cressbrook, Mr Fergus Waterton and Mr William Munns – have filed affidavits that provide compelling evidence of the continued acknowledgement and observance of a range of Iman laws and customs with respect to cultural knowledge, spiritual beliefs, sites, decision-making and resource use. The affidavits illustrate in detail the transmission of the stories that support the beliefs held by the Iman People as they relate to hunting and the collection and preparation of bush tucker, the observance of laws and customs, the kinship of the members of the Iman claim group and their connection to each other through their descent from the apical ancestors named above.
25 The Iman Applicant relies on this material to support exclusive native title rights to that part of the determination area described in Part 1 of Schedule 1 of the proposed determination (other than in relation to the use and enjoyment of water) and to non-exclusive native title rights (other than in relation to the use and enjoyment of water) over the remainder of the determination area, as described in Parts 2, 3 and 4 of Schedule 1.
26 In her Stage 6 Report, Dr Powell opined that:
On the basis of my consideration of the early ethno-historical and more recent materials, I found that the land-holding group relevant to the Claim Area is the one identified as Iman. This group is associated with the area centred on the Upper Dawson and which extends southwards into the upper Condamine region and northwards into the mid-Dawson region. I also found that at and since the time of effective sovereignty in this region (about 1856) the connections of this land-holding group to this area have been regulated according to laws and customs that determine the membership of this group and the group’s rights and responsibilities in relation to the ownership of this area and use of its natural resources.
27 In her report, Dr Kidd provided a detailed account of European settlement in the traditional lands of the Iman People. In her Stage 6 Report, Dr Powell summarised the key parts of Dr Kidd’s report in the following terms:
… The gradual settling of the area by pastoralists in the decades following the Leichhardt Expedition in 1844.
…
… The Claim Area has a history of warfare between its Aboriginal population and the early pastoralists, resulting in Aboriginal depopulation and relocation to secure places within and beyond the Claim Area. Warfare between the pastoralists and Aboriginal inhabitants commenced in the 1850s, culminating in 1857, with the uprising at Hornet Bank Station, during which most members of the Fraser family and their European workforce were killed. This event was followed by about eighteen months of warfare between the Aboriginal people of the Dawson River region and the settlers, who were assisted by the official Native Mounted Police Force and privately supported militia such as “the Browns” and Frederick Walker’s own Native Mounted Police Force. This war ended in the Claim Area in the early 1860s, apparently after the Aboriginal people in the Upper Dawson Valley, realising that they were outnumbered and outgunned, decided to cease their hostilities.
(Footnotes omitted)
28 In his affidavit, Mr Fergus Waterton, one of the members of the Iman claim group, referred to the infamous Hornet Bank killings. He said that:
Dad told me that his father’s Grandfather was Bilbah who was involved in the killings of the Fraser family at Hornet Bank. Dad said that immediately after the killings at Hornet Bank, Bilbah went west towards Augathella but came back to the Dawson where he was shot at Cockatoo Station a few years later.
Dad said his grandfather (Bilbah’s son) was called Tobin and that after Hornet Bank he was given refuge as a boy on Waterton station, north east of Taroom. That is where our family gets its name from. Dad told me that Tobin grew up and was buried on Waterton Station. Grandfather was born there and upon the death of his father, he took Tobin as his bush name.
Dad said that Grandfather did not become a resident of Taroom Aboriginal settlement until shortly before his death in 1917. Granny Arwa and Dad went with him to Taroom at that time. Dad told me that Grandfather was a renowned horseman and stockman. He worked all through the upper Dawson area. Some of the places that Dad said Grandfather worked on were Waterton, Gwambagwine, Ghinghinda Hornet Bank, Eurombah, Pony Hills, Reedy Creek, Glenhaughton and Lonesome stations. Dad said that when Grandfather couldn’t get stock work, he worked ringbarking, fencing and scalping.
Dad told me that my Grandfather is buried by Palm Tree Creek on Waterton station. He said that he was buried there because it was important to our family that he was buried on his country. I got permission from the owners of Waterton Station to visit the grave site. It was the only one down by the creek and I was glad that I had found his resting place.
29 These quotations from the extensive evidence advanced by the Iman Applicant provide a glimpse of the enduring relationship that exists and has existed since sovereignty between the Iman People and the land and waters of the proposed determination area.
NOMINATION OF A PRESCRIBED BODY CORPORATE
30 Finally, it is necessary to address the nomination of a prescribed body corporate. Section 55 of the NTA requires the Court to make such determinations as are required by s 56 (which deals with holding the native title on trust) and s 57 (which deals with non-trust functions of prescribed bodies corporate). Section 56 of the Act relevantly provides:
Trust determination
(1) One of the determinations that the Federal Court must make is whether the native title is to be held in trust, and, if so, by whom.
Steps in making determination
(2) The Federal Court is to take the following steps in making the determination:
(a) first, it must request a representative of the persons it proposes to include in the determination of native title as the native title holders (the common law holders) to indicate whether the common law holders intend to have the native title held in trust by:
(i) nominating, in writing given to the Federal Court within a specified period, a prescribed body corporate to be trustee of the native title; and
(ii) including with the nomination the written consent of the body corporate; and
(b) secondly, if the common law holders give the nomination within the period, the Federal Court must determine that the prescribed body corporate is to hold the rights and interests from time to time comprising the native title in trust for the common law holders; and
(c) thirdly, if the common law holders do not give the nomination within the period, the Federal Court must determine that the rights and interests are to be held by the common law holders.
Native title held in trust
(3) On the making of a determination under paragraph (2)(b), the prescribed body corporate holds, in accordance with the regulations, the rights and interests from time to time comprising the native title in trust for the common law holders.
(Emphasis in original)
31 Further, s 57 relevantly provides:
Where trustee
(1) If the determination under section 56 is that the native title rights and interests are to be held in trust by a prescribed body corporate, the prescribed body corporate, after becoming a registered native title body corporate (see the definition of that expression in section 253), must also perform:
(a) any other functions given to it as a registered native title body corporate under particular provisions of this Act; and
(b) any functions given to it as a registered native title body corporate under the regulations (see section 58).
…
Functions where not trustee
(3) After becoming a registered native title body corporate, the body must perform:
(a) any functions given to it as a registered native title body corporate under particular provisions of this Act; and
(b) any functions given to it under the regulations (see section 58).
32 In accordance with the above sections, the Iman Applicant has proposed that the native title rights the subject of the proposed determination are to be held on trust for the common law holders by a prescribed body corporate. Accordingly, it has nominated the Wardingarri Aboriginal Corporation (ICN: 8305) (the “Corporation”) to be the prescribed body corporate for the purposes of s 56(1) above and to perform the functions mentioned in s 57 above. The Corporation was registered on 22 October 2015. The Iman Applicant has therefore filed all the necessary material to satisfy me that it has complied with the requirements of ss 55 to 57 (inclusive) of the NTA.
CONCLUSION
33 The achievement of a settlement of a native title claim by agreement is to be encouraged and congratulated. The examination that the Court will now make recognises, under the laws of Australia, that native title exists according to the traditional laws and customs of, and is held by the Iman People. It is, however, important to record in conclusion that this determination does not grant native title to the Iman People, it recognises the native title they have long held in the determination area.
I certify that the preceding thirty-three (33) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Reeves. |
Associate:
QUD 6162 of 1998 | |
MARANOA REGIONAL COUNCIL | |
Fifth Respondent: | WESTERN DOWNS REGIONAL COUNCIL |
Sixth Respondent: | TELSTRA CORPORATION LIMITED |
Seventh Respondent: | ERGON ENERGY CORPORATION LIMITED |
Eighth Respondent: | AUSTRALIA PACIFIC LNG PTY LIMITED |
Ninth Respondent: | GLENCORE COAL QUEENSLAND PTY LIMITED |
Tenth Respondent: | JEMENA QUEENSLAND GAS PIPELINE (1) PTY LTD |
Eleventh Respondent: | JEMENA QUEENSLAND GAS PIPELINE (2) PTY LTD |
Twelfth Respondent: | MOONIE OIL PTY LTD |
Thirteenth Respondent: | SANTOS QNT PTY LTD |
Fourteenth Respondent: | VAMGAS PTY LTD |
Fifteenth Respondent: | EION EVAN ATKINS |
Sixteenth Respondent: | DOUGLAS R BAKER |
Seventeenth Respondent: | TANIA M BAKER |
Eighteenth Respondent: | TONY P BAKER |
Nineteenth Respondent: | RONALD ROBERT BAXTER |
Twentieth Respondent: | JUDITH JAYNE COPELAND |
Twenty-First Respondent | ROBERT JOHN COPELAND |
Twenty-Second Respondent | JOHN RICHARD FERLING |
Twenty-Third Respondent | KEVIN FERLING |
Twenty-Fourth Respondent | MARGARET GEARY |
Twenty-Fifth Respondent | STUART FRANK GOLDEN |
Twenty-Sixth Respondent | WILLIAM FRANCIS HAY |
Twenty-Seventh Respondent | MARJORIE JOYCE JOHNSTON |
Twenty-Eighth Respondent | KALBELA PTY LTD |
Twenty-Ninth Respondent | LEANN BEVERLEY KALLQUIST |
Thirtieth Respondent | WAYNE JAMES KALLQUIST |
Thirty-First Respondent | MALCOLM MCINTYRE |
Thirty-Second Respondent | DAVID THOMAS POOLE |
Thirty-Third Respondent | DOUGLAS WILLIAM POOLE |
