FEDERAL COURT OF AUSTRALIA

Croft on behalf of the Barngarla Native Title Claim Group v State of South Australia (No 3) [2018] FCA 552

ORDERS

THE COURT ORDERS THAT:

1.    The Determination of native title made on 23 June 2016 in Croft on behalf of the Barngarla Native Title Claim Group v State of South Australia (No 2) [2016] FCA 724 be amended in accordance with the Amended Determination attached as Annexure A to this order, noting that because of the size of the Determination Annexure A comprises only:

(a)    pages i to xv inclusive of the Amended Determination;

(b)    the first page of any Schedule which is amended; and

(c)    the particular pages within each Schedule which are amended.

2.    Order 2 made on 23 June 2016 be vacated. 

3.    In its place there be an order that the Determination as amended take effect from the date of this order. 

4.    The Applicant is by 13 April 2018 to file an unmarked up copy of the complete Determination as amended.

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

Annexure A: Amended Determination

Order Entered

    No: SAD6011/1998

Amended pursuant to the orders made by White J on 6 April 2018.

Federal Court of Australia

District Registry: South Australia

Division: General

BARNGARLA NATIVE TITLE CLAIM

BARRY CROFT and others named in Schedule 10

Applicant

STATE OF SOUTH AUSTRALIA and others named in Schedule 10

Respondent

ORDER

Preamble

A    Native Title Determination Application No. SAD 6011 of 1998 (the Application) was first lodged with the National Native Title Tribunal on 4 April 1996, and was referred to the Federal Court of Australia on 30 September 1998. A detailed history of the Application is set out in the reasons of this Court published on 22 January 2015 in Croft on behalf of the Barngarla Native Title Claim Group v State of South Australia [2015] FCA 9 (Croft).

B    In 2012 the Application was split, allowing the Port Augusta Town Area, which is subject to overlapping claims, to be dealt with separately from the remainder of the Application.

C    In November 2012, a hearing commenced to determine whether there has been, since sovereignty, a continuous acknowledgement and observance of the traditional Barngarla laws and customs under which rights and interests in land and waters are possessed, and have been handed down to the present day native title claim group, such that those rights and interests can be recognised and protected under the Native Title Act 1993 (Cth) (NTA).

D    On 22 January 2015 findings were handed down by this Court on the questions of connection that were before it (Croft). Since that time, the parties have been identifying and resolving issues of tenure and extinguishment.

E    The principal parties, including the Applicant, the State of South Australia (the State) and the other respondents (together, the Principal Parties) have now reached an agreement as to the terms of a determination of native title to be made in relation to the land and waters covered by the Application (excluding the Port Augusta Town Area) which orders give effect to the findings of this Court made on 22 January 2015 and to the agreed resolution of issues of extinguishment.

F    The Applicant and the State of South Australia have, since 23 June 2016, entered into an Indigenous Land Use Agreement, the Barngarla Determination ILUA, which:

a)    contains the agreement of the Applicant and the State that the vesting of Adjacent land and Subjacent land in the Minister under section 15(1)(a) of the Harbors and Navigation Act 1993 (SA) is a valid act to which the non-extinguishment principle applies. The effect of registration of the Barngarla Determination ILUA is that, pursuant to section 24EBA of the NTA and section 32B of the Native Title (South Australia) Act 1994 (SA), the validity of the vesting will be confirmed, and any extinguishing effect of the vesting will be changed so that the non-extinguishment principle will apply to the vesting of Adjacent land and Subjacent land which is within the Determination Area; and

b)    addresses parcels which, in the course of negotiating the tenure schedules, were agreed by the parties to be included into an Indigenous Land Use Agreement.

5.    The State and the Applicant have identified a number of areas where it is appropriate to resolve issues of extinguishment through an Indigenous Land Use Agreement (the Barngarla Settlement ILUA. It is the intent of the Principal Parties that the Determination will take effect upon the Registration of the ILUA.

G    The Principal Parties acknowledge that the effect of the Determination coming into effect will be that the members of the native title claim group, in accordance with the traditional laws acknowledged and the traditional customs observed by them, will be recognised as the Native Title Holders for the Native Title Land.

Being satisfied that a determination in the terms sought by the Principal Parties would be within the power of the Court and it appearing to the Court appropriate to do so:

THE COURT ORDERS THAT:

1.    There be a determination of native title in the Determination Area in the terms set out at paragraphs 5 to 201 below (the Determination).

2.    The Determination will take effect on the date of this Amended Order. upon the Barngarla Settlement ILUA being registered on the Register of Indigenous Land Use Agreements.

3.    In the event that the Barngarla Determination Settlement ILUA is not registered on the Register of Indigenous Land Use Agreements within 612 months of the date of this Order, or such later time as the Court may order, the matter is to be listed for further directions.

4.    The Applicant, the State or any other respondent have liberty to apply on 14 days’ notice to a single judge of the Court:

(a)    if that party considers it unlikely that the Barngarla Settlement ILUA will be finalised and registered on the Register of Indigenous Land Use Agreements within 12 months of the date of this Order;

(b)    to make consequential amendments to Schedules 2 to 7 as necessary to reflect the terms of the Barngarla Settlement ILUA;

(c)(a)    to establish the precise location and boundaries of any Public Works and adjacent land and waters referred to in items 2 or 3 of Schedule 6;

(d)(b)    to determine the effect on native title rights and interests of any Public Works as referred to in item 3 of Schedule 6.

THE COURT DETERMINES THAT:

Interpretation & Declaration

5.    In this Determination, including its schedules:

(a)    unless the contrary intention appears, the words and expressions used have the same meaning as they are given in Part 15 of the NTA;

(b)    “Adjacent land” and “Subjacent land” have the meaning given to those terms in the Harbors and Navigation Act 1993 (SA);

(c)    “Native Title Land” means the land and waters referred to in paragraphs 8, 9 and 10 of these Orders;

(d)    “Port Augusta Town Area” means the area of this proceeding that is also covered by the Nukunu Native Title Application (SAD6012/1998) that was split from this proceeding pursuant to the Court Order of 12 November 2012;

(e)    “Reserves” means a reserve as defined in the National Parks and Wildlife Act 1972 (SA) and a Wilderness Protection Area or Wilderness Protection Zone under the Wilderness Protection Act 1992 (SA); and

(f)    in the event of an inconsistency between a description of an area in a schedule and the depiction of that area on the maps in Schedule 2, the written description shall prevail.

Determination Area

6.    Schedule 1 describes the external boundaries of the Determination Area (the Determination Area).

7.    Other than the Port Augusta Town Area, to the extent that the area covered by the Application extends beyond the Determination Area, it is dismissed.

Areas within Determination Area where native title exists (Native Title Land)

8.    Subject to items 1, 2, 3 and 4 of Schedule 6, native title exists in the lands and waters described in Schedule 3.

9.     Sections 47 or 47A of the NTA apply to those parcels or parts of parcels described in Schedule 4 and section 47B of the NTA applies to those parcels or parts of parcels described in Schedule 5. Subject to items 1, 2, 3 and 4 of Schedule 6, the prior extinguishment of native title rights and interests over those areas is disregarded and native title exists in those parcels or parts of parcels.

10.9.    The Court notes that the State and the Applicant have entered into the Barngarla Determination ILUA, the effect of which is that upon it being registered on the Register of Indigenous Land Use Agreements, native title is recognised as existing in Adjacent land and that portion of Subjacent land that lies within the Determination Area, excluding those areas identified in Schedule 6, which is vested in the Minister under section 15(1)(a) of the Harbors and Navigation Act 1993 (SA) as identified on the maps at Schedule 2 and described in Schedule 7(1).

Native title exists in those areas which are agreed as Native Title Land in the Barngarla Settlement ILUA.

Areas within Determination Area where native title is extinguished

11.    Native title has been extinguished in those areas described in Schedule 6.

9.    Upon the Barngarla Determination ILUA being registered on the Register of Indigenous Land Use Agreements, Nnative title is extinguished in those areas described in Schedule 7(2). over which native title rights and interests are surrendered under the Barngarla Settlement ILUA.

Areas within Determination Area where the native title status is prescribed by ILUA

13.     The Court notes that the State and the Applicant have agreed to negotiate the Barngarla Settlement ILUA which will, upon it being registered on the Register of Indigenous Land Use Agreements, agree the effect on native title of acts done in relation to the areas described in Schedule 7 and prescribe the native title status of those areas.

Native Title Holders

13.14.    Under the relevant traditional laws and customs of the Barngarla People the group of persons holding the common or group rights are those Barngarla People:

(a)    who are related by means of the principle of descent to the following Barngarla apical ancestors:

(i)    the siblings Percy Richards and Susie Richards;

(ii)    Maudie Blade who is the mother of Phyllis Croft;

(iii)    George Glennie and Mary Glennie;

(iv)    the siblings Bob Eyles and Harry Croft;

(v)    Jack Stuart;

(vi)    Arthur Davis (also known as King Arthur) and his sons, Andrew Davis, Jack Davis, Stanley Davis and Percy Davis; and

(b)    who have a connection with the Determination Area in accordance with the traditional laws and customs of the Barngarla People; and

(c)    who identify as a Barngarla person and who are accepted by the Barngarla People as a Barngarla person.

(Collectively, the Native Title Holders)

Rights And Interests

14.15.     Subject to paragraphs 167 and 189, the native title rights and interests in relation to the lands set out in Schedule 4 include those rights set out in paragraphs 156(a) to 156(h) below and are an entitlement to possession, occupation, use and enjoyment of those lands to the exclusion of all others.

15.16. Subject to paragraphs 167, 178 and 189 the nature and extent of the native title rights and interests in the Native Title Land, other than the lands set out in Schedule 4, are non-exclusive rights to use and enjoy, in accordance with the Native Title Holders’ traditional laws and customs, those lands and waters, being:

(a)    The right to live on, use and enjoy the land and waters;

(b)    The right to make decisions about the use and enjoyment of the land and waters by those Aboriginal people who recognise themselves to be governed by the traditional laws and customs acknowledged by the Native Title Holders;

(c)    The right of access to the land and waters;

(d)    The right to control the access of other Aboriginal people who recognise themselves to be governed by the traditional laws and customs acknowledged by the Native Title Holders to the land and waters;

(e)    The right to use and enjoy resources of the land and waters but excluding those resources referred to in item 1 of Schedule 6;

(f)    The right to control the use and enjoyment of resources on the land and waters by other Aboriginal people who recognise themselves to be governed by the traditional laws and customs acknowledged by the Native Title Holders but excluding those resources referred to in item 1 of Schedule 6;

(g)    The right to maintain and protect places of importance under traditional laws, customs and practices on the land and waters; and

(h)    The right to conduct burial ceremonies on the land and waters.

General Limitations

16.17.     The native title rights and interests set out at paragraphs 145 and 156 are for personal, domestic and communal use but do not include the right to trade in, or the commercial use of, the Native Title Land or the resources from it.

17.18.    For the avoidance of doubt, the native title rights and interests described in paragraph 156 do not confer possession, occupation, use and enjoyment of the land and waters on the Native Title Holders to the exclusion of others.

18.19. The native title rights and interests set out at paragraphs 145 and 156 are subject to and exercisable in accordance with:

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

(b)    the valid rights of other interest holders in the Native Title Land in accordance with paragraphs 1920 and 201 of this Order; and

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

Other Interests & Relationship with Native Title

19.20. The nature and extent of other interests in the Native Title Land are:

(a)    the interests created by the following pastoral leases:

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

(c)    any subsisting public right to fish in the Determination Area;

(d)    the public right to navigate in the Determination Area;

(e)    where applicable, the international right of innocent passage over waters affected by the Determination;

(f)    in relation to Reserves:

(i)    the rights and interests of the Crown in right of the State of South Australia pursuant to the National Parks and Wildlife Act 1972 (SA) and the Wilderness Protection Act 1992 (SA); and

(ii)    the rights and interests of the public to use and enjoy those Reserves consistent with the National Parks and Wildlife Act 1972 (SA) and the Wilderness Protection Act 1992 (SA);

(g)    the rights and interests of the Crown in right of the State of South Australia pursuant to the Harbors and Navigation Act 1993 (SA);

(h)    the interests of the registered proprietors of the lands set out in Schedule 4;

(i)    the interests of persons to whom valid or validated rights and interests have been granted or recognised by the Crown in right of the State of South Australia or by the Commonwealth of Australia pursuant to statute or otherwise in the exercise of executive power including, but not limited to, rights and interests granted or recognised pursuant to the Crown Land Management Act 2009 (SA), Crown Lands Act 1929 (SA), Mining Act 1971 (SA), Petroleum and Geothermal Energy Act 2000 (SA) and Opal Mining Act 1995 (SA), all as amended from time to time;

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

(k)    the rights to access land by an employee or agent or instrumentality of the State, Commonwealth or other statutory authority as required in the performance of his or her statutory or common law duties where such access would be permitted to private land;

(l)    the rights and interests of all parties to the Indigenous Land Use Agreements listed in Schedule 8 arising by reason of those agreements;

(m)    the rights and interests of Telstra Corporation Limited (ACN 051 775 556):

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

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

(1)    to inspect land;

(2)    to install and operate telecommunications facilities; and

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

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

(iv)    under any lease, licence, access agreement or easement relating to its telecommunications facilities in the Determination Area, including but not limited to:

(1)    the Iron Knob Main Radio Terminal located within CR6054/711 (D71557A102), OH (Port Augusta);

(2)    the Mount Laura “CMTS” located within CR6140/886 (D9369A21), OH (Port Augusta);

(3)    the Tooligie Hill “SAGRN” located within CR5763/103 (H533000S49), Hundred of Tooligie; and

(4)    the Caralue Bluff “SAGRN” located within CR5764/682 (D37135A4), Hundred of Caralue;

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

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

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

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

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

(v)    under easements, leases or licences (whether registered, unregistered, statutory or otherwise) relating to Existing Infrastructure or New Infrastructure on the Determination Area including but not limited to the Easements identified in Schedule 9 (Easements);

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

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

(o)    the rights and interests of each of the District Council of Ceduna, the District Council of Cleve, the District Council of Elliston, the District Council of Lower Eyre Peninsula, the District Council of Franklin Harbour, the District Council of Kimba, the District Council of Streaky Bay, the District Council of Tumby Bay, the Corporation of the City of Whyalla, the Flinders Ranges Council, Port Augusta City Council, City of Port Lincoln, Unincorporated Area of Whyalla, Wudinna District Council and the Outback Communities Authority:

(i)    under the Local Government Act 1934 (SA), the Local Government Act 1999 (SA) or the Outback Communities (Administration and Management) Act 2009 (SA);

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

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

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

(i)    as:

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

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

(3)    the holders of a statutory easement established by section 9 of the Sale Legislation;

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

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

(q)    the rights and interests of Onesteel Manufacturing Pty Ltd created pursuant to The Broken Hill Proprietary Company, Limited’s, Hummock Hill to Iron Knob Tramways and Jetties Act 1900 (SA), Hummock Hill to Iron Knob Tramway Extension Act 1927 (SA), Broken Hill Proprietary Company’s Indenture Act 1937 (SA) (including the Indenture contained therein); and Whyalla Steel Works Act 1958 (SA) (including the Indenture contained therein);

(r)    the rights and interests of the holder from time to time of Pipeline Licence No. 2 (PL 2), who at the date of this determination is comprised of Santos Limited, Santos Petroleum Pty Ltd, Santos (BOL) Pty Ltd, Vamgas Pty Ltd, Reef Oil Pty Ltd, Alliance Petroleum Australia Pty Ltd, Bridge Oil Developments Pty Ltd, Delhi Petroleum Pty Ltd, Origin Energy Resources Limited, Basin Oil Pty Ltd and Santos (NARNL Cooper) Pty Ltd;

(s)    the rights and interests of Santos Limited, Santos Petroleum Pty Ltd, Santos (BOL) Pty Ltd, Vamgas Pty Ltd, Reef Oil Pty Ltd, Alliance Petroleum Australia Pty Ltd, Bridge Oil Developments Pty Ltd, Delhi Petroleum Pty Ltd, Origin Energy Resources Limited, Basin Oil Pty Ltd and Santos (NARNL Cooper) Pty Ltd under any lease, licence, easement, permit or agreement on the Native Title Land, including but not limited to:

(i)    the Port Bonython Section 240 Land Licence Agreement dated 1 August 2014; and

(ii)    the Port Bonython Jetty Licence Agreement dated 19 August 1985.

and

(t)    the rights and interests of BHP Billiton Olympic Dam Corporation Pty Ltd:

(i)    in the Indenture (as amended) and ratified by the Roxby Downs (Indenture Ratification) Act 1982 (SA), and rights, powers, privileges and interests comprised in, conferred under or in accordance with or pursuant to that Indenture and the Roxby Downs (Indenture Ratification) Act 1982 (SA);

(ii)    in the Variation Deed amending the Indenture and ratified by the Roxby Downs (Indenture Ratification) (Amendment of Indenture) Amendment Act 2011 (SA), and rights, powers, privileges and interests comprised in, conferred under or in accordance with or pursuant to that Variation Deed amending the Indenture and the Roxby Downs (Indenture Ratification) (Amendment of Indenture) Amendment Act 2011 (SA); and

(iii)    for its employees, agents or contractors to enter the Determination Area to access BHP Billiton Olympic Dam Corporation Pty Ltd's rights and interests and to do all things necessary to exercise those rights and interests in the vicinity of the Determination Area in performance of their duties.

20.21.     The relationship between the native title rights and interests in the Native Title Land that are described in paragraphs 145 and 156 and the other rights and interests that are described in paragraph 1920 (the Other Interests) is that:

(a)    to the extent that any of the Other Interests are inconsistent with the continued existence, enjoyment or exercise of the native title rights and interests, the native title rights and interests continue to exist in their entirety, but the native title rights and interests have no effect in relation to the Other Interests to the extent of the inconsistency during the currency of the Other Interests;

(b)    the existence and exercise of the native title rights and interests do not prevent the doing of any activity required or permitted to be done by or under the Other Interests, and the Other Interests, and the doing of any activity required or permitted to be done by or under the Other Interests, prevail over the native title rights and interests and any exercise of the native title rights and interests, but, subject to any application of the NTA or the Native Title (South Australia) Act 1994 (SA), do not extinguish them;

(c)    in relation to the land and waters set out in Schedules 4 and 5 the non-extinguishment principle applies in relation to the grant or vesting of the land, or the creation of any other prior interest in the land.

AND THE COURT MAKES THE FOLLOWING FURTHER ORDERS:

21.22.     Within 6 months of the date on which these Orders are made, the Applicant shall indicate to the Court in accordance with sections 56 and 57 NTA:

(a)    whether the Native Title Holders intend to have the native title held in trust, and if so nominate a prescribed body corporate to be the Trustee of the native title; or

(b)    if the native title is not to be held in trust, nominate a prescribed body corporate for the purpose of section 57(2) NTA.

22.23.    On this Determination coming into effect:

(a)    ifwhere a prescribed body corporate is nominated in accordance with section 56 NTA to be the Trustee of the native title, the prescribed body corporate is to hold the native title rights and interests in trust for the Native Title Holders and shall perform the functions mentioned in section 57(1) NTA after becoming a registered native title body corporate; or

(b)    ifwhere the native title is not to be held in trust, the prescribed body corporate is to be the prescribed body corporate for the purpose of section 57(2) NTA, and shall perform the functions mentioned in section 57(3) NTA after becoming a registered native title body corporate.

Date that entry is stamped: 27 June 2016

Deputy District Registrar

SCHEDULE 2 - Maps

Part A: Map of the external Boundaries of the Determination Area

SCHEDULE 2 - Maps

Part B: Maps depicting Native Title Land and areas within the Determination Area where native title is extinguished

Please see maps provided separately

SCHEDULE 3 – land and waters where native title exists (Native Title Land)

Note: Please refer to Schedule 2 Part B for further detail where a portion of a parcel is indicated

SCHEDULE 4 - Native Title Land to which paragraph 145 of the Determination applies

1.    Areas where extinguishment of native title is disregarded by virtue of the application of sections 47 or 47A NTA.

Section 47 NTA

Section 47A NTA

2.    Other Parcels

SCHEDULE 6 - Areas where native title has been extinguished

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

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

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

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

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

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

For the purposes of this item 1 and the avoidance of doubt:

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

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

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

2.    Native title rights and interests have been extinguished in the areas covered by Public Works (including the land and waters defined in section 251D of the NTA) which

SCHEDULE 7 – Areas where native title status is prescribed by virtue of the effect of the Barngarla Settlement ILUA

1.    Areas where native title exists pursuant to the Barngarla Determination ILUA

6.    The following areas are areas where native title exists pursuant to the Barngarla Determination ILUA:

7.    a)    Excluding those areas identified in Schedule 6, Adjacent land and that portion of Subjacent land that lies within the Determination Area that is vested in the Minister under section 15(1)(a) of the Harbors and Navigation Act 1993 (SA) as identified on the maps at Schedule 2; including

8.    b)    The following parcels or portion of parcels:

i.    H540200S297 (portion) Hundred of Copley (CR5767/527)

ii.    H380200S160 Hundred of Crozier (CR5768/347)

iii.    H380200SGULF Hundred of Crozier

iv.    H560500S487 Hundred of Randell (CR5752/650)

2.    Areas where native title is extinguished pursuant to the Barngarla Determination ILUA

9.    The following parcels or portion of parcels:

Note: Please refer to Schedule 2 Part B for further detail where a portion of a parcel is indicated

SCHEDULE 8- Details of Indigenous Land Use Agreements in the Determination Area

Cultana Expansion Area ILUA (Area Agreement) SI2013/001

Middleback Ranges SA ILUA (Area Agreement) SI2013/002

Barngarla / Central Eyre Iron Project ILUA (Area Agreement)

Barngarla Determination Settlement ILUA

EX TEMPORE REASONS FOR JUDGMENT

WHITE J:

1    On 23 June 2016, a Judge of the Court (Mansfield J) made a determination of native title in favour of the Barngarla People in relation to a large area on the Eyre Peninsula in South Australia: Croft on behalf of the Barngarla Native Title Claim Group v State of South Australia (No 2) [2016] FCA 724.

2    Earlier, Mansfield J had made findings following a substantial trial concerning matters bearing on the existence of native title in the area, other than the issues of tenure and extinguishment: Croft on behalf of the Barngarla Native Title Claim Group v State of South Australia [2015] FCA 9; (2016) 325 ALR 213. Following that decision, the parties reached agreement as to the terms a determination, and the determination made on 23 June 2016 gave effect to that agreement.

3    The issues of extinguishment had, for that most part, been resolved by the parties consensually. However, paragraph F in the Preamble to the determination contemplated that some remaining issues of extinguishment would be resolved by an Indigenous Land Use Agreement (the Barngarla Settlement ILUA):

F.    The State and the Applicant have identified a number of areas where it is appropriate to resolve issues of extinguishment through [the Barngarla Settlement ILUA]. It is the intent of the Principal Parties that the Determination will take effect upon registration of that ILUA.

4    The orders made on 23 June 2016 commenced with the following:

1.    There be a determination of native title in the Determination Area in the terms set out at paragraphs 5 to 21 below (the Determination).

2.    The Determination will take effect upon the Barngarla Settlement ILUA being registered on the Register of Indigenous Land Use Agreements.

3.    In the event that the Barngarla Settlement ILUA is not registered on the Register of Indigenous Land Use Agreements within 12 months of the date of this Order, or such later time as the Court may order, the matter is to be listed for further directions.

4.    The Applicant, the State or any other respondent have liberty to apply on 14 days’ notice to a single judge of the Court:

(a)    if that party considers it unlikely that the Barngarla Settlement ILUA will be finalised and registered on the Register of Indigenous Land Use Agreements within 12 months of the date of this Order;

(b)    to make consequential amendments to Schedules 2 to 7 as necessary to reflect the terms of the Barngarla Settlement ILUA;

(c)    to establish the precise location and boundaries of any Public Works and adjacent land and waters referred to in items 2 or 3 of Schedule 6;

(d)    to determine the effect on native title rights and interests of any Public Works as referred to in item 3 of Schedule 6.

5    As is apparent, Order 2 provided for the determination to take effect upon the Barngarla Settlement ILUA being registered on the Register of Indigenous Land Use Agreements. Orders 3 and 4 contemplated that the Barngarla Settlement ILUA would be registered within 12 months of the determination and provided for procedural steps in the event that that did not occur.

6    The finalisation of the Barngarla Settlement ILUA was delayed while, amongst other things, the parties considered the implications of the decision in Griffiths v Northern Territory of Australia (No 3) [2016] FCA 900; (2016) 337 ALR 362 concerning compensation, the appeal from that decision to the Full Court of this Court (Northern Territory of Australia v Griffiths [2017] FCAFC 106; (2017) 346 ALR 247), and the subsequent applications for special leave to appeal to the High Court of Australia.

7    As the Barngarla Settlement ILUA was not finalised within the 12 month period contemplated by Mansfield J in his orders, the Court listed the matter for further directions as contemplated by Order 3. However, by the consent of the Applicant and the State, the Court vacated that hearing so as to give the parties further time in which to finalise and execute the Barngarla Settlement ILUA. They have now done so on the basis that issues of compensation will be deferred until after the determination has come into effect.

8    Mr Llewellyn-Jones, the principal solicitor for the Applicant, has deposed:

[8.1]    The terms of the Barngarla Settlement ILUA (which is now titled the 'Barngarla Determination ILUA') were finalised between the Solicitors for the parties in late 2017;

[8.2]    The ILUA was authorised by a meeting of native title holders held on 14 January 2018 in Whyalla to authorise an Area Agreement under the Native Title Act I993 (Cth) …;

[8.3]    The ILUA was approved by Cabinet of South Australia on 25 January 2018;

[8.4]    The ILUA was executed by the representative of the native title holders and the Barngarla Determination Aboriginal Corporation on 4 February 2018;

[8.5]    The ILUA was executed by the Attorney-General of South Australia on 7 February 2018;

[8.6]    The ILUA was signed by SANTS on 8 February 2018 to confirm that SANTS was consulted as required by regulations 8(2) of the Native Title (Prescribed Bodies Corporate) Regulations 1999 (Cth);

[8.7]    The fully executed ILUA was provided to both parties on 8 February 2018.

9    Counsel for the State of South Australia has confirmed that the State has applied to the Native Title Registrar, in accordance with Div 3 of Pt 2 of the Native Title Act 1993 (Cth) (the NT Act), for the registration of the Barngarla Settlement ILUA on the Register of Indigenous Land Use Agreements and it seems that the notification process required by s 24CH of the NT Act has commenced.

10    This judgment concerns the interlocutory application by the Applicant seeking amendment to the determination made on 23 June 2016. The amendments sought are of four general kinds:

(1)    to reflect some of the terms of the Barngarla Settlement ILUA (which the parties now refer to as the “Barngarla Determination ILUA”). Several of these amendments are said to be of the consequential kind contemplated by  Order 4(b) in the determination made on 23 June 2016;

(2)    to reflect the extinguishment of native title in additional parcels of land which the parties now recognise;

(3)    to correct the description in the Schedules to the determination of one parcel of land in the Hundred of Cultana; and

(4)    to amend the date on which the determination comes into effect so that it will be the date on which the Court orders the amendment of the determination, instead of the date of registration of the Barngarla Settlement ILUA on the Register of Indigenous Land Use Agreements.

11    The Court’s power to vary the determination by amendment is found, relevantly, in s 13(1)(b) of the NT Act. This is not a case to which s 13(4) and (5) apply.

12    All of the parties to the proceedings have consented to the amendments to the determination.

13    In the following paragraphs, I summarise the effect of the substantive amendments which are proposed.

14    In cl 13 in the determination made on 23 June 2016, the Court noted that the State and the Applicant had agreed to negotiate in the Barngarla Settlement ILUA the effect on native title of acts done in relation to areas described in Schedule 7. Schedule 7(1) referred to the adjacent land and subjacent land vested in the Minister under s 15(1)(a) of the Harbours and Navigation Act 1993 (SA) as identified on the maps at Schedule 2 (but excluding areas identified in Schedule 6). Schedule 7(2) listed 25 parcels or portions of parcels of land. The Court noted in cl 13 that the ILUA would prescribe the native title status of those areas, and that that agreement would come into effect on the registration of the Barngarla Settlement ILUA on the Register of Indigenous Land Use Agreements.

15    Now that the Barngarla Determination ILUA has been finalised and executed, the parties propose that the determination would reflect some of the agreed matters. In relation to the adjacent land and subjacent land vested in the Minister under s 15(1)(a) of the Harbours and Navigation Act, the Barngarla Determination ILUA records that the vesting is a valid act to which the non-extinguishment principle applies. Upon the registration of the ILUA, the validity of the vesting will be confirmed and its extinguishing effect will be changed so that the non-extinguishment principle will apply to that land. The parties propose that these matters be recorded in an amendment to paragraph F in the Preamble to the determination, in a new clause 10 and in a revised Schedule 7 in the determination.

16    Schedule 7.1(b) will list four particular portions of parcels of land vested in the Minister to which this part of the agreement in the ILUA applies, as follows:

17    In respect of 13 parcels of land, native title has been agreed to have been extinguished pursuant to the terms of the ILUA. Those 13 parcels are as follows:

The body of the determination in Schedule 7(2) will be amended to reflect that agreement.

18    In addition, the parties are agreed, on additional consideration of the issue of extinguishment, that native title has been extinguished on eight further parcels or portions of parcels of land. They propose that these parcels or portions of parcels be removed from the existing Schedule 7 and inserted instead into Schedule 6 to the determination in the manner indicated in the table which follows. It is Schedule 6 which lists those areas in which native title has been extinguished.

19    Schedule 5 to the determination contains a list of the parcels of land in which, in accordance with s 47B of the NT Act, prior extinguishment is to be disregarded. It includes:

However, the maps in Schedule 2, Part B, indicate that one portion of this parcel should be in Schedule 3 and one portion in Schedule 6. The maps identify the particular portions of the parcels more accurately. Schedules 3 and 6 are to be amended to correct the inconsistencies which exist presently between the maps and the Schedules in respect of this parcel of land.

20    I am satisfied that it is appropriate for all these amendments to be made. First, several are of a kind contemplated by Order 4(b) in the determination made on 23 June 2016. Secondly, all the parties are agreed that the order should be made. Thirdly, none of the orders will have the effect of increasing the area over which native title is claimed. Fourthly, the determination has not yet come into effect. Finally, the amendments to the determination will have the effect that it will contain in a more self-contained form the native title status of various parcels of land in the Determination Area.

21    The details of the amendments set out in the form of the amended order provided by the Applicant to the Court on 22 March 2018 and in the proposed amended schedules. I have modified these as appropriate. They will be on the file, as initialled by me.

22    The final order sought by the Applicant is that the determination take effect as of today rather than from the date of registration of the Barngarla Settlement ILUA. There are a number of advantages for the parties in having certainty in the date on which the determination takes effect, and also in it taking effect sooner rather than later. It is appropriate to take into account that the native title determination application in this case was commenced in 1998, some 20 years ago, and that although the determination itself was made just on two years ago, it has not yet come into effect. It is understandable that the Barngarla People in particular are anxious that the determination should come into effect as soon as practicable.

23    Mansfield J did not provide an explanation for fixing the date upon which the determination would come into effect as the date on which the Barngarla Settlement ILUA is registered on the Register of Indigenous Land Use Agreements. It seems reasonable to infer, however, that one purpose was to ensure that the Barngarla Settlement ILUA, which was then only in prospect, would be regular with the consequence that the areas in respect of which extinguishment remained unsettled would be determined. That purpose does not continue with the same force now given that the parties have finalised and executed the Barngarla Determination ILUA and it is possible for the Court to amend the determination, including the Schedules, to reflect aspects of the agreed ILUA.

24    Accordingly, I am satisfied that it is appropriate to accede to the parties’ application and to delete the existing Order 2. In its place there will be an order that the determination take effect on today’s date.

25    The formal orders of the Court are these:

(1)    The determination of native title made on 23 June 2016 in Croft on behalf of the Barngarla Native Title Claim Group v State of South Australia (No 2) [2016] FCA 724 be amended in accordance with the Amended Determination attached as Annexure A to this order, noting that, because of its size, Annexure A comprises only:

(a)    pages i to xv inclusive of the Amended Determination;

(b)    the first page of any Schedule which is amended; and

(c)    the particular pages within each Schedule which are amended.

(2)    Order 2 made on 23 June 2016 be vacated. 

(3)    In its place there be an order that the determination as amended take effect from the date of this order. 

(4)    The Applicant is by 13 April 2018 to file an unmarked up copy of the complete determination as amended.

Associate:

Dated:    20 April 2018

SCHEDULE

SAD6011/1998

Applicant:    LORRAINE DARE

Applicant:    HARRY EYLES

Applicant:    HOWARD RICHARDS

Applicant:    ELLIOTT MCNAMARA

Respondent:    DISTRICT COUNCIL OF TUMBY BAY

Respondent:    DISTRICT COUNCIL OF STREAKY BAY

Respondent:    DISTRICT COUNCIL OF LOWER EYRE PENINSULA

Respondent:    DISTRICT COUNCIL OF KIMBA

Respondent:    DISTRICT COUNCIL OF FRANKLIN HARBOUR

Respondent:    DISTRICT COUNCIL OF ELLISTON

Respondent:    THE FLINDERS RANGES COUNCIL

Respondent:    CITY OF PORT LINCOLN

Respondent:    CORPORATION OF THE CITY OF PORT AUGUSTA

Respondent:    DISTRICT COUNCIL OF CLEVE

Respondent:    CORPORATION OF THE CITY OF WHYALLA

Respondent:    NUKUNU PEOPLES

Respondent:    ARABUNNA PEOPLES NATIVE TITLE CLAIM GROUP

Respondent:    RICHARD CHARLES REID

Respondent:    ADNYAMATHANHA PEOPLE

Respondent:    FRANCIS CAPOWIE PTY LTD

Respondent:    STEPHEN HARRADINE

Respondent:    GREENFIELD PASTORAL COMPANY LTD

Respondent:    HELEN HARRADINE

Respondent:    GWITHIAN DONALD ALASTAIR MCCALLUM

Respondent:    DAVID JAMES MICHAEL

Respondent:    JILLIAN MAXINE MICHAEL

Respondent:    BARRY HUTCHENS

Respondent:    MIDDLE BACK INVESTMENTS PTY LTD

Respondent:    MONDALEE NOMINEES PTY LTD

Respondent:    NONNING PASTORAL COMPANY PTY LTD

Respondent:    DONALD NICHOLSON

Respondent:    ROBERT SAVAGE

Respondent:    CYNTHIA SAVAGE

Respondent:    JAMES ALLENDER

Respondent:    BROKEN HILL PROPRIETARY COMPANY LIMITED

Respondent:    GREGORY NEIL WOOLFORD

Respondent:    JEFFREY FREEMAN

Respondent:    EPIC ENERGY SOUTH AUSTRALIA PTY LTD

Respondent:    PERILYA LTD

Respondent:    ONESTEEL MANUFACTURING PTY LTD

Respondent:    MALATA NOMINEES PTY LTD

Respondent:    VAMGAS PTY LTD

Respondent:    BASIN OIL PTY LTD

Respondent:    ALLIANCE PETROLEUM AUSTRALIA PTY LTD

Respondent:    DARYL KEITH AITCHISON

Respondent:    DAVID ALLPORT

Respondent:    ORIGIN ENERGY RESOURCES LIMITED

Respondent:    SANTOS PETROLEUM PTY LTD

Respondent:    DELHI PETROLEUM PTY LTD

Respondent:    SANTOS LTD

Respondent:    SANTOS (BOL) PTY LTD

Respondent:    REEF OIL PTY LTD

Respondent:    PETER G ANDERSON

Respondent:    BRIDGE OIL DEVELOPMENTS PTY LTD

Respondent:    IAN HARRY BACKLER

Respondent:    DOROTHY BARWICK

Respondent:    JENNIFER BARWICK

Respondent:    R W BAILEY

Respondent:    RICHARD J BAKER

Respondent:    BARKER FISHERIES PTY LTD

Respondent:    ADAM BARNES

Respondent:    BEN L BARNES

Respondent:    JARRAD BARNES

Respondent:    JEFFREY BARNES

Respondent:    DONALD ROY BARRAND

Respondent:    PETER BARRAND

Respondent:    ROBERT WILLIAM BARTSCH

Respondent:    ROBERT BAKER

Respondent:    PETER BARWICK

Respondent:    KENNETH ANDREWS

Respondent:    STEPHANOS ATHANASOS

Respondent:    DAVID GORDON AYRES

Respondent:    DAVID BACKER

Respondent:    LINDSAY DENE BOTT

Respondent:    MERVYN JOHN CAMP

Respondent:    ROBERT JOHN BUTSON

Respondent:    BASCOZ PTY LTD

Respondent:    RONALD A BATES

Respondent:    DAVID BECK

Respondent:    STEWART JOHN BUTSON

Respondent:    BARTHOLOMEW BRETT BUTSON

Respondent:    RANDALL J BENDER

Respondent:    DONALD M BLACK

Respondent:    ANTON BLASLOV

Respondent:    BOSTON BAY ROCK LOBSTERS PTY LTD

Respondent:    BARRY J BOWYER

Respondent:    JOHN BOZANIC

Respondent:    FRANE BRALIC

Respondent:    IVAN BRALIC

Respondent:    ROBERT BRICE

Respondent:    DAVID BRYANT

Respondent:    LEWIS BRYANT

Respondent:    CARINA ASSOCIATES PTY LTD

Respondent:    RUSSELL EDWIN BOORD

Respondent:    PAUL CUBELIC

Respondent:    CONSTRUCTION DIVERS PTY LTD

Respondent:    PETER S CLARKSON

Respondent:    CG SIMMS NOMINEES PTY LTD

Respondent:    GEOFFREY RUSSELL CUMMINGS

Respondent:    JOHN COLLINSON

Respondent:    PAUL ALEXANDER CLAUGHTON

Respondent:    ANDREW MICHAEL DYER

Respondent:    G V DIXON

Respondent:    COLIN DIGHTON

Respondent:    NORA DAVIES

Respondent:    A R DANIS

Respondent:    PM DANIS

Respondent:    TONY D CUSTANCE

Respondent:    KATHRYN LOUISE CUNNINGHAM

Respondent:    IAN DEGILIO

Respondent:    RUDOLF WILHELMUS DUURLAND

Respondent:    JEFFREY JOHN DALE

Respondent:    EYREWOOLF ENTERPRISES PTY LTD

Respondent:    SHANE NEIL EDWARDS

Respondent:    CHRISTOPHER FEWSTER

Respondent:    A FIGL

Respondent:    C E FIGL

Respondent:    PA FIGL

Respondent:    CRAIG FLETCHER

Respondent:    GRAHAM FORD

Respondent:    FROMAGER PTY LTD

Respondent:    DAVID EDWARDS

Respondent:    GARRY NOEL EDWARDS

Respondent:    DON EDMONDS

Respondent:    WAYNE JEFFREY GALPIN

Respondent:    IAN FULLER

Respondent:    DEBRA LEA FERGUSON

Respondent:    DAVID JOHN FOSTER

Respondent:    CRAIG NEIL EDWARDS

Respondent:    TREVOR NORMAN EDWARDS

Respondent:    DAVID ENGE

Respondent:    BARRY J EVANS

Respondent:    MALCOLM ETTRIDGE

Respondent:    FARSIDE FISHERIES

Respondent:    ANDREW GEERING

Respondent:    SHANNON MAUREEN GILL

Respondent:    DAVID FARADAY GILL

Respondent:    JUNE ROSEMARY GILL

Respondent:    JOSIP GOBIN

Respondent:    JOHN C HAAGMANS

Respondent:    MICHAEL JAMES GUBBIN

Respondent:    TREVOR GILMORE

Respondent:    AJKA GOBIN

Respondent:    LAURIE GOBIN

Respondent:    GRAND ABALONE NOMINEES PTY LTD

Respondent:    BRYAN ALLEN GREEN

Respondent:    H M POPE PTY LTD

Respondent:    ALAN R HALDANE

Respondent:    TREVLYN JOHN HAMMAT

Respondent:    LOVRE A GOBIN

Respondent:    TRENT GREGORY

Respondent:    DAVID WILLIAM HALL

Respondent:    WILLIAM JOHN HENDRY

Respondent:    STEPHEN B HINGE

Respondent:    GJ HOOD

Respondent:    DENNIS HOLDER

Respondent:    HERBERT NOEL HENDRY

Respondent:    TIMOTHY R HOLDER

Respondent:    BRIAN D JONES

Respondent:    VALDIS IEVINS

Respondent:    HUBERT BRIAN HURRELL

Respondent:    BARRY J HURRELL

Respondent:    RICHARD W HOWARD

Respondent:    PETER HICKMAN

Respondent:    SYLVIA HOLDER

Respondent:    ANDREW N HOGG

Respondent:    STEPHEN RAYMOND HEYES

Respondent:    GRAHAM FRANK HARROWFIELD

Respondent:    N HOOD

Respondent:    PETER WAYNE HUTCHINSON

Respondent:    ANN LUKIN

Respondent:    TONY KINGDON

Respondent:    KYM BRYAN MALLYON

Respondent:    MICHAEL ARTHUR LEECH

Respondent:    DAVID HALL LANGDON

Respondent:    DAVID JOHN KENNEDY

Respondent:    PAUL D MANNERS

Respondent:    DEAN LUKIN

Respondent:    ANTE LUKIN

Respondent:    CYNTHIA LEECH

Respondent:    LA CLOTURE FISHERIES PTY LTD

Respondent:    SIMON FREDERIC MANNERS

Respondent:    DAVID LAWRIE

Respondent:    CRAIG LAWRIE

Respondent:    DARO KOLEGA

Respondent:    ALDO KOLEGA

Respondent:    KINNOCK PTY LTD

Respondent:    KINKAWOOKA PTY LTD

Respondent:    ANTHONY PAUL MANNERS

Respondent:    PAUL MANTHORPE

Respondent:    PETER JOSEPH MARTIN

Respondent:    JOHN EDWARD MCGOVERN

Respondent:    TERRY J MORAN

Respondent:    STEPHEN MORIARTY

Respondent:    DONALD MARK NATTRASS

Respondent:    HAYDN JOHN O'BRIEN

Respondent:    TERRY K MANNERS

Respondent:    ARTHUR MARKELLOS

Respondent:    VICTOR J MARSHALL

Respondent:    RENO MARTINOVIC

Respondent:    JOHN THORNTON MCCARTHY

Respondent:    CRAIG DAVID MCCATHIE

Respondent:    EUGENE MONTGOMERY

Respondent:    K R MULLAN

Respondent:    DAVID B MUNDY

Respondent:    GUY MANTHORPE

Respondent:    T MCNAB

Respondent:    TA MCNAB

Respondent:    MD & RA LOWE PTY LTD

Respondent:    DAVID KEITH MULES

Respondent:    NAVAJO PTY LTD

Respondent:    OCEANIC OYSTERS

Respondent:    GEOFFREY OCTOMAN

Respondent:    MERVYN ALLAN PITTAWAY

Respondent:    ALLEN FRANCIS JAMES PITTAWAY

Respondent:    PETER PARISSOS

Respondent:    RAYMOND OTTEY

Respondent:    ALAN PAYNE

Respondent:    KIM A REDMAN

Respondent:    JENNIFER M PURTELL

Respondent:    BARRY POWER

Respondent:    LESLIE A POLKINGHORNE

Respondent:    MAX POLACCO

Respondent:    ROBERT TYRER PENNINGTON

Respondent:    ADAM DAVID OLDS

Respondent:    BRIAN POLLARD

Respondent:    TERRY PHILIP REHN

Respondent:    R MARTINOVIC (MANAGEMENT) PTY LTD

Respondent:    BOB PUGLISI

Respondent:    JOHN PASCULLI

Respondent:    ARMAND NEIL PALMER

Respondent:    KONSTANTINE PALEOLOGOUDIAS (CON PAUL)

Respondent:    COLLEEN OCTOMAN

Respondent:    PHILIP ROBINSON

Respondent:    BENEVENUTO R RIGONI

Respondent:    CHRISTOPHER JOHN ROYANS

Respondent:    RONALD PETER ROWE

Respondent:    ROGER SAUNDERS

Respondent:    MARK JAMES ROTHALL

Respondent:    WILLIAM PERCY RITTER

Respondent:    MARK ANTHONY RETSAS

Respondent:    C J ROGERS

Respondent:    S & Z LUKIN NOMINEES PTY LTD

Respondent:    JORDAN SARUNIC

Respondent:    JEFFREY F SCHMUCKER

Respondent:    ANDREW NAIRNE SCHULTZ

Respondent:    T SCHULTZ

Respondent:    D SCHULTZ

Respondent:    ANTHONY SCHUTZ

Respondent:    MARTIN RESNAIS

Respondent:    RIBARI PTY LTD

Respondent:    MILORAD RICOU

Respondent:    MATEO RICOV

Respondent:    JOSIP SANTIC

Respondent:    RODNEY SMITH

Respondent:    DARYL MARK SPENCER

Respondent:    RENE JOHN SPRUYT

Respondent:    ERIC WILLIAM STACEY

Respondent:    DAVID SHERRY

Respondent:    EDWARD THOMAS SMITH

Respondent:    COLIN ROY SIMMS

Respondent:    SOUTH AUSTRALIAN OYSTER HATCHERY PTY LTD

Respondent:    SPENCER GULF AQUACULTURE PTY LTD

Respondent:    GARY WILLIAM STEELE

Respondent:    DAVID SHERIDAN

Respondent:    SEAFOOD COUNCIL SA LTD

Respondent:    JOHN SPADAVECHIA

Respondent:    HELEN IVY SMITH

Respondent:    MICHAEL SLATTERY

Respondent:    DESMOND JOHN SLATTERY

Respondent:    TREVOR SMITH

Respondent:    SPENCER GULF PROPERTY PTY LTD

Respondent:    BILL TSOUPAS

Respondent:    LAWRENCE JOHN VAHLBERG

Respondent:    RITA VALCIC

Respondent:    JEFFREY ROBERT SWINCER

Respondent:    TARAKAN PTY LTD

Respondent:    DARREN K TRESSIDER

Respondent:    MEGAN B TRESSIDER

Respondent:    TUNA BOAT OWNERS ASSOCIATION OF AUSTRALIA

Respondent:    BRIAN TURVEY

Respondent:    DEIDRE TURVEY

Respondent:    ERROL EDWARD TYRRELL

Respondent:    GEOFF TURNER

Respondent:    ANNE ELIZABETH TAPLEY

Respondent:    GRAHAM MARK TAPLEY

Respondent:    JOHN THEAKSTONE

Respondent:    LANCE LEON TYLEY

Respondent:    BRENTON SYMONS

Respondent:    T GARNAUT NOMINEES PTY LTD

Respondent:    DOMONIC TATTOLI

Respondent:    WAYNE JOHN TAYLOR

Respondent:    ROBERT THEAKSTONE

Respondent:    MICHAEL B TILLEY

Respondent:    PETER DEAN VICKERS

Respondent:    B WALLER

Respondent:    WHITE POINTER FISHERIES

Respondent:    LEON CHARLES WRIGHT

Respondent:    LILIANA VITLOV

Respondent:    MICHAEL H WILDE

Respondent:    ALBERT THOMAS WHITTLE

Respondent:    GREGORY WARD

Respondent:    GRAHAM LESLIE WALDEN

Respondent:    JEFFERY PAUL WAIT

Respondent:    MICHAEL CHARLES WHILLAS

Respondent:    WEST COAST ENTERPRISES PTY LTD

Respondent:    WELLMET PTY LTD

Respondent:    SCOTT WEAVER

Respondent:    W B MATTNER NOMINEES P/L

Respondent:    A H WOOD

Respondent:    PETER ANTHONY WILLIAMSON

Respondent:    GRISELDA SPRIGG (DECEASED)

Respondent:    BOSTON ISLAND PTY LTD

Respondent:    ETSA UTILITIES

Respondent:    ST JOHN AMBULANCE AUSTRALIA SA INC

Respondent:    SOUTH AUSTRALIAN APIARISTS ASSOCIATION INC

Respondent:    SA AMBULANCE SERVICE

Respondent:    MARGARET SPRIGG

Respondent:    DOUGLAS P SPRIGG

Respondent:    TELSTRA CORPORATION LIMITED

Respondent:    DEAN JAMES BARNES

Respondent:    DEAN C WOODWARD

Respondent:    BHP BILLITON OLYMPIC DAM CORPORATION PTY LTD

Respondent:    SOUTH AUSTRALIAN NATIVE TITLE SERVICES LTD

Respondent:    WILDCATCH FISHERIES SA INC

Respondent:    WUDINNA DISTRICT COUNCIL

Respondent:    AUSTRALIAN MARITIME SAFETY AUTHORITY

Respondent:    TASMAN RESOURCES LTD

Respondent:    COMMONWEALTH OF AUSTRALIA

Respondent:    RICHARD GILES MOULD

Respondent:    JULIE-ANN MOULD

Respondent:    WARTAKA PASTORAL CO PTY LTD ACN 052 501 621

Respondent:    SANTOS (NARNL COOPER) PTY LTD

Respondent:    McBRIDE YUDNAPINNA PTY LTD ACN 608 111 020

Other:    LYNDA JEAN ARBON

Other:    IAN CHRISTOPHER GREENWOOD