FEDERAL COURT OF AUSTRALIA

Coulthard v State of South Australia (Adnyamathanha, Ngadjuri and Wilyakali Overlap Claim) [2018] FCA 1993

File number:

SAD 6001 of 1998

Judge:

WHITE J

Date of judgment:

14 December 2018

Catchwords:

NATIVE TITLE – consent determination – requirements under s 87 of the Native Title Act 1993 (Cth) – one single society made up of three groups which hold native title – agreement of parties – determination of native title by consent.

Legislation:

Native Title Act 1993 (Cth) ss 55, 56, 66, 67, 87, 87A, 94A, 223, 225

Cases cited:

Akiba v Queensland (No 3) [2010] FCA 643; (2010) 204 FCR 1

Budby on behalf of the Barada Barna People v State of Queensland (No 7) [2016] FCA 1271

Daniel v Western Australia [2004] FCA 849; (2004) 138 FCR 254

Eringa, Eringa (No 2), Wangkangurru/Yarluyandi and Irrwanyere Mt Dare Group Claims [2008] FCA 1370

Far West Coast Native Title Claim v State of South Australia (No 7) [2013] FCA 1285

King on behalf of the Eringa Native Title Claim Group v State of South Australia [2011] FCA 1386; (2011) 285 ALR 454

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

McNamara on behalf of the Gawler Ranges People v State of South Australia [2011] FCA 1471

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

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

Risk v Northern Territory of Australia [2006] FCA 404

Sampi on behalf of the Bardi and Jawi People v State of Western Australia [2005] FCA 777

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

Date of hearing:

14 December 2018

Registry:

South Australia

Division:

General Division

National Practice Area:

Native Title

Category:

Catchwords

Number of paragraphs:

44

Counsel for the Adnyamathanha Applicants:

Mr G Harbord with Mr R Bradshaw

Solicitor for the Adnyamathanha Applicants:

Johnston Withers

Counsel for the Ngadjuri Applicants:

Mr A Beckworth

Solicitor for the Ngadjuri Applicants:

South Australian Native Title Services

Counsel for the Wilyakali Applicants:

Ms B Lena

Solicitor for the Wilyakali Applicants:

South Australian Native Title Services

Counsel for the for the State of South Australia:

Mr P Tonkin

Solicitor for the State of South Australia:

Crown Solicitor for the State of South Australia

Counsel for the Pastoralists, Apiarists and Local Government interests:

Mr T Mellor with Ms C Divakaran

Solicitor for the Pastoralists, Apiarists and Local Government interests:

Mellor Olsson

Counsel for Boss Uranium and Epic Energy:

Mr E Vickery

Solicitor for Boss Uranium and Epic Energy:

Minter Ellison

Counsel for the Kalkaroo Pastoral Co:

Ms A Steed

Solicitor for the Kalkaroo Pastoral Co:

Steed Lawyers

Counsel for the remaining parties:

The remaining parties were excused from appearing

ORDERS

SAD 6001 of 1998

BETWEEN:

VINCENT COULTHARD AND OTHERS NAMED IN THE SCHEDULE (Adnyamathanha No 1 Native Title Claim (SAD6001/1998))

First Applicant

VINCENT BRANSON AND OTHERS NAMED IN THE SCHEDULE (Ngadjuri Native Title Claim (SAD147/2010))

Second Applicant

BEVERLEY BATES AND OTHERS NAMED IN THE SCHEDULE (Wilyakali No 2 Native Title Claim (SAD417/2015))

Third Applicant

AND:

STATE OF SOUTH AUSTRALIA AND OTHERS NAMED IN THE SCHEDULE

Respondent

JUDGE:

WHITE J

DATE OF ORDER:

14 DECEMBER 2018

THE COURT NOTES THAT:

A.    This determination covers the whole area of the Adnyamathanha, Ngadjuri and Wilyakali Overlap Claim (SAD 6001 of 1998) which is a combination of the remaining undetermined Adnyamathanha No 1 Native Title Determination Application (SAD 6001 of 1998) (Adnyamathanha No 1 claim), the whole of the Ngadjuri Nation Native Title Determination Application (SAD 147 of 2010) (Ngadjuri claim) and the whole of the Wilyakali No 2 Native Title Determination Application (SAD 417 of 2015) (Wilyakali No 2 claim). The determination area is described in Schedule 1 of this determination.

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

C.    The Parties acknowledge that the effect of the making of this determination will be that the three native title claimant groups in combination will be recognised as the native title holders for the Native Title Land as defined at paragraph 3 of this Order with the determination area split into three areas as follows:

(a)    a combination of the Adnyamathanha people and the Ngadjuri people will be recognised as the native title holders for the West area of the Determination Area;

(b)    a combination of all three peoples will be recognised as the native title holders for the Central area of the Determination Area; and

(c)    a combination of the Adnyamathanha people and the Wilyakali people will be recognised as the native title holders for East area of the Determination Area.

D.    The Parties agree that the effect of the determination is not to increase the burdens on other interest holders and third parties (including future interest holders and third parties) in the Determination Area by reason of the fact that the native title holding group is a combination of three groups and, for this reason, there will be a single Registered Native Title Body Corporate with single processes for future acts or Aboriginal heritage purposes. In addition, the terms agreed in Order 17 are to ensure that all necessary existing Native Title Mining Agreements relating to the Determination Area remain in force with the Registered Native Title Body Corporate taking the place of the native title party in each.

E.    The Parties have reached agreement as to the extinguishing effect of the various tenures granted in the Determination Area for the purposes of the making of consent orders. The Parties agree that native title is extinguished over those parcels set out in Schedule 3 to these Orders.

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

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

Interpretation

1.    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 Native Title Act;

(b)    in the event of an inconsistency between a description of an area in a schedule and the depiction of that area on the maps in Schedule 1 and Annexure A, the written description shall prevail.

Determination Area

2.    Schedule 1 describes the external boundaries of the Determination Area which is divided up as follows:

(a)    West Area means that part of the Determination Area as is described in Part 1 of Schedule 1 (and shown as “West Area” in the maps forming part of that Schedule);

(b)    Central Area means that part of the Determination Area as is described in Part 2 of Schedule 1 (and shown as “Central Area” in the maps forming part of that Schedule);

(c)    East Area means that part of the Determination Area as is described in Part 3 of Schedule 1 (and shown as “East Area” in the maps forming part of that Schedule).

Existence of Native Title

3.    Subject to items 1, 2, 3 and 4 of Schedule 3, native title exists in the lands and waters described in Schedule 2 (‘Native Title Land’).

4.    Native title has been extinguished in those areas described in Schedule 3.

5.    Public Works constructed, established or situated after 23 December 1996 have had such effect as has resulted from Part 2, Division 3, of the Native Title Act.

The Native Title Holders

6.    The Native Title Holders hold the Native Title Rights and Interests in the Native Title Land as follows:

(a)    in relation to that Native Title Land within the West Area of the Determination Area, those living Aboriginal persons who are described in Schedules 4 and 5 who:

(i)    identify as Adnyamathanha or Ngadjuri; and

(ii)    are recognised by other Native Title Holders under the respective Adnyamathanha or Ngadjuri traditional laws and customs as having maintained an affiliation with, and continuing to hold native title rights and interests in, Part 1 of the Determination Area; and

(b)    in relation to that Native Title Land within the Central Area of the Determination Area, those living Aboriginal persons who are described in Schedules 4, 5 and 6 who:

(i)    identify as Adnyamathanha or Ngadjuri or Wilyakali; and

(ii)    are recognised by other Native Title Holders under the respective Adnyamathanha or Ngadjuri or Wilyakali traditional laws and customs as having maintained an affiliation with, and continuing to hold native title rights and interests in, Part 2 of the Determination Area.

(c)    in relation to that Native Title Land within the East Area of the Determination Area, those living Aboriginal persons who are described in Schedules 4 and 6 who:

(i)    identify as Adnyamathanha or Wilyakali; and

(ii)    are recognised by other Native Title Holders under the respective Adnyamathanha or Wilyakali traditional laws and customs as having maintained an affiliation with, and continuing to hold native title rights and interests in, Part 3 of the Determination Area.

Native title rights and interests

7.    Subject to Paragraphs 8, 9 and 10, the nature and extent of the Native Title Rights and Interests held by the Native Title Holders are rights to use, stay on and enjoy the land and waters of the Native Title Land in their respective Part of the Determination Area, being:

(i)    The right to access and move about;

(ii)    The right to live, to camp and to erect shelters;

(iii)    The right to hunt and fish;

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

(v)    The right to cook and to light fires for cooking and camping purposes;

(vi)    The right to use the natural water resources;

(vii)    The right to distribute, trade or exchange the natural resources;

(viii)    The right to conduct ceremonies and hold meetings;

(ix)    The right to engage and participate in cultural activities including those relating to births and deaths;

(x)    The right to carry out and maintain burials of deceased native title holders and of their ancestors;

(xi)    The right to teach on the Native Title Land the physical and spiritual attributes of locations and sites;

(xii)    The right to visit, maintain and preserve sites and places of cultural or spiritual significance to Native Title Holders under their traditional laws and customs;

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

(i)    spouses of Native Title Holders; or

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

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

General Limitations

8.    The Native Title Rights and Interests do not confer possession, occupation, use and enjoyment of the Determination Area on the Native Title Holders to the exclusion of others.

9.    The Native Title Rights and Interests are for personal, domestic and non-commercial communal use.

10.    The Native Title Rights and Interests are subject to and exercisable in accordance with:

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

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

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

Other rights and interests and Relationship with Native Title

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

(a)    the rights and interests within the Determination Area created by the pastoral leases described in Schedule 7;

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

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

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

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

(f)    the rights relating to the Automatic Weather Station located within the external boundaries of Section 1436, Out of Hundreds Olary, CR Volume 5337 Folio 560;

(g)    the rights and interests of each of: The Flinders Ranges Council, District Council of Orroroo/Carrieton and District Council of Peterborough and:

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

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

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

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

(i)    to exercise its entitlements and discharge its obligations as the owner and/or operator of electricity infrastructure (as defined in the Electricity Act 1996 (SA)) and telecommunications facilities and infrastructure within the Determination Area including but not limited to the electricity infrastructure identified in Schedule 10 (“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;

(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.

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

(i)    as:

1)    holder 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 and Geothermal Energy 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) (Sale Legislation)) from the former Pipeline Authority of South Australia (now the Natural Gas Authority of South Australia) pursuant to a Sale Agreement dated 30 June 1995 under the Sale Legislation; and

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

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

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

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

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

(j)    the rights, interests and entitlements of Boss Uranium Pty Ltd (ACN 069 420 462) (including any of its related entities and successors in title from time to time) as described in the instruments listed below:

(i)    as owner and operator of the Honeymoon Uranium Mine under Mining Lease Number 6109 granted pursuant to the Mining Act 1971 (SA) and any subsequent licence; and

(ii)    as the holder of exploration licences and associated licences granted pursuant to the Mining Act from time to time

for its employees, agents and contractors to enter the Determination Area to access and operate its facilities in, and in the vicinity of, the Determination Area; and, 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 Boss Uranium Pty Ltd complies with its obligations under any law, including but not limited to, excluding any person from entering the mine area for the purposes of maintaining the safety of any person and protection of the mine area and its operations.

(k)    the rights, interests and entitlements of Benagerie Gold & Copper Pty Ltd (ACN 131 124 427) (Benagerie) and Consolidated Mining & Civil Pty Ltd (ACN 094 428 109) (CMC) (including any of their respective related entities and successors in title from time to time) as described in the instruments listed below:

(i)    as owner and operator of the Portia – North Portia Mine under Mining Lease Number 6346 granted pursuant to the Mining Act 1971 (SA) and any subsequent licence

for its employees, agents and contractors to enter the Determination Area to access and operate its facilities in, and in the vicinity of, the Determination Area; and, 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 Benagerie and CMC comply with their respective obligations under any law, including but not limited to, excluding any person from entering the mine area for the purposes of maintaining the safety of any person and protection of the mine area and its operations.

(l)    the rights, interests and entitlements of Kalkaroo Copper Pty Ltd (ACN 111 129 812) (Kalkaroo) and/or Havilah Resources Ltd (ACN 077 435 520) (Havilah) (including any of their respective related entities and successors in title from time to time) as described in the instruments listed below:

(i)    Kalkaroo - as proponent for the Kalkaroo Mine pursuant to any Mining Lease which may be granted in respect of Mineral Claim numbers 3826, 3827, 3828, 4368 and 4369 granted pursuant to the Mining Act 1971 (SA) and any subsequent licence; and

(ii)    Havilah as the holder of exploration licences 5179, 5800, 5915, 5396, 5421, 5422, 5488, 5802, 5803, 5904, 5502, 5393, 5396, 5578, 5703, 5956, 6054 and 6194 and associated licences granted pursuant to the Mining Act from time to time

for its employees, agents and contractors to enter the Determination Area to access and operate its facilities in, and in the vicinity of, the Determination Area; and, 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 Kalkaroo and Havilah comply with their respective obligations under any law, including but not limited to, excluding any person from entering the mine area for the purposes of maintaining the safety of any person and protection of the mine area and its operations.

(m)    the rights, interests and entitlements of Exco Operations (SA) Pty Ltd (ACN 105 161 564) (Exco) and Polymetals (White Dam) Pty Ltd (ACN 130 423 684) (Polymetals) (including any of their respective related entities and successors in title from time to time) as described in the instruments listed below:

(i)    as owner and operator of the White Dam Mine under Mining Lease Numbers 6275 and 6395 granted pursuant to the Mining Act 1971 (SA) and any subsequent licence; and

(ii)    as the holder of exploration licences and associated licences granted pursuant to the Mining Act from time to time

for its employees, agents and contractors to enter the Determination Area to access and operate its facilities in, and in the vicinity of, the Determination Area; and, 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 Exco and Polymetals comply with their respective obligations under any law, including but not limited to, excluding any person from entering the mine area for the purposes of maintaining the safety of any person and protection of the mine area and its operations.

(n)    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 telecommunication facilities in and in the vicinity of the Determination Area in the performance of their duties; and

(iv)    under any lease, licence, access agreement or easement relating to its telecommunications facilities in the Determination Area;

(o)    The rights and interests of the parties to the Native Title Mining Agreements listed in Schedule 8 as they are amended by the order recorded at Order 17 below.

12.    Subject to paragraphs 13 and 15 below, the relationship between the Native Title Rights and Interests in the Determination Area that are described in Paragraph 7 and the other rights and interests that are referred to in Paragraph 11 (“the Other rights and interests”) is that:

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

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

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

13.    The relationship between the native title rights and interests described in paragraph 7 and the rights relating to the Proclamation of the Bimbowrie Conservation Park is that:

(a)    the rights relating to the Proclamation co-exist with the native title rights and interests;

(b)    to the extent that the rights relating to the Proclamation 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 and prevail over the rights relating to the Proclamation, to the extent of any inconsistency, during the currency of the Proclamation; and otherwise,

(c)    the doing of any activity required or permitted to be done in accordance with the Proclamation does not prevent the enjoyment or exercise of the native title rights and interests, and the native title rights and interests prevail over the doing of any such activity, to the extent of any inconsistency, during the currency of the Proclamation.

14.    The relationship between the native title rights and interests referred to in paragraph 7 and the Automatic Weather Station referred to in paragraph 11(f) is that the Automatic Weather Station is:

(a)    wholly inconsistent with the continued existence, enjoyment or exercise of the native title rights and interests;

(b)    the native title continues to exist but has no effect in relation to the Automatic Weather Station;

(c)    if the Automatic Weather Station or its effects are wholly removed or otherwise wholly cease to operate the native title rights and interests again have full effect;

(d)    if the Automatic Weather Station or its effects are removed to an extent or otherwise cease to operate only to an extent, the native title rights and interests again have effect to that extent.

AND THE COURT MAKES THE FOLLOWING FURTHER ORDERS:

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

16.    Ngadjuri Adnyamathanha Wilyakali Native Title Aboriginal Corporation (Aboriginal Corporation) is to:

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

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

17.    The Court notes that each of the Native Title Mining Agreements listed in Schedule 8, has, subject to the making of this Order, been novated in terms of the clauses set out in Schedule 9 so that the RNTBC stands in the place of the Native Title Party (as defined in the Mining Act 1971) and its associated entities (who executed each agreement) in each of those agreements in so far as they relate to land within the Determination Area. The novation takes place with effect from the registration of the RNTBC by the National Native Title Tribunal (NNTT).

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

(a)    to establish the precise location and boundaries of any public works and adjacent land and waters referred to in Paragraphs 3 and 4 of Schedule 3 of this Order; or

(b)    to establish the effect on native title rights and interests of any public works referred to in Paragraph 5 of this Order.

19.    Any party (including a Continuing Party under Schedule 9) have liberty to apply on 14 days’ notice to a single judge of the Court to rectify the terms of a Native Title Mining Agreement novated under Schedule 9 as referred to in paragraph 6.4 of Schedule 9.

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

SCHEDULE 1 – DESCRIPTION AND MAPS OF THE DETERMINATION AREA

Schedule 1, Determination Area

Comprises the following areas:

Part 1: West Area [Adnyamathanha / Ngadjuri]

Part 2: Central Area [Adnyamathanha / Ngadjuri / Wilyakali]

Part 3: East Area [Adnyamathanha / Wilyakali]

External Boundary Description

Commencing at Longitude 138.602767 East, Latitude 32.736300 South (west of the Town of Orroroo), then generally northerly passing in straight lines through the following coordinate points:-

Longitude East

Latitude South

138.606084

32.722854

138.617221

32.692713

138.618012

32.676753

138.615067

32.661502

138.607519

32.632771

138.605832

32.622485

138.600809

32.614163

138.597909

32.609359

138.590416

32.602262

138.585818

32.590201

138.587458

32.581690

138.585760

32.566794

138.582393

32.549414

138.575646

32.508270

138.563515

32.472799

138.557664

32.458255

138.548834

32.414627

138.549620

32.396540

138.557852

32.367108

138.566088

32.339449

138.575596

32.321721

138.608716

32.280596

138.623991

32.244429

138.621437

32.219600

138.617665

32.205767

138.613052

32.187677

138.609718

32.183065

138.587661

32.164257

138.547271

32.121679

138.527273

32.095779

138.525168

32.084429

138.516462

32.070776

[being along a portion of the eastern portion of the Nukunu Native Title Claim external boundary].

Then easterly in a straight line to the south-west corner of Allotment 50 in Filed Plan 251955, Three Creeks Pastoral Lease (PE2324); generally easterly along the southern boundary of Allotment 50; generally south-easterly and generally northerly along the southern and eastern boundaries of Allotment 700 in Filed Plan 251677, Holowilena South Pastoral Lease (PE2260A) to the south-east corner of Allotment 500 in Filed Plan 251778, Holowilena Pastoral Lease (PE2260) [being along a southern and eastern portion of Adnyamathanha No 1 – Stage 2 Native Title Determination Area external boundary].

Then generally northerly along the eastern boundary of Allotment 500; generally north-easterly along the south-eastern boundary of Block 849, OH(Parachilna), Bibliando Pastoral Lease (PE2262) to the south-west corner of Block 1218, OH(Parachilna), Glen Warwick Pastoral Lease (PE2307A) [being along a south-eastern portion of Adnyamathanha People No. 1 (Stage 1) Native Title Determination Area external boundary].

Then generally north-easterly along the southern boundary of Block 1218; southerly along a portion of the eastern boundary of Allotment 403 in Deposited Plan 42207, Curnamona Pastoral Lease (PE2326); generally easterly along the southern boundary of Allotment 403; south-easterly along a portion of the southern boundary of Block 910, OH(Curnamona), Glenorchy Pastoral Lease (PE2205) to its intersection with Longitude 139.719547 East [being a point on the northern portion of Ngadjuri Nation Native Title Claim external boundary and the western portion of Native Title Claim Wilyakali #2 external boundary]; generally north-easterly passing in straight lines through the following coordinate points:-

Longitude East

Latitude South

139.833014

31.824022

140.139892

31.495675

and north-easterly to an eastern corner of Adnyamathanha No 1 – Stage 2 Native Title Determination Area at Longitude 140.574604 East, Latitude 31.337067 South [being along a southern and south-eastern portion of Adnyamathanha No 1 – Stage 2 Native Title Determination Area external boundary].

Then south-easterly in a straight line toward the point defined as Longitude 140.633846 East, Latitude 31.514914 South until it intersects Latitude 31.476883 South [being along a portion of the western portion of Native Title Claim Malyankapa Peoples external boundary].

Then generally south-easterly and generally south-westerly in straight lines passing through the following coordinate points:-

Longitude East

Latitude South

140.633846

31.514914

140.662150

31.593447

140.704037

31.721444

140.752229

31.859829

140.781565

32.000311

140.783661

32.056922

140.766900

32.090470

and south-westerly in a straight line to the intersection of the southern boundary of the Barrier Highway road corridor with Longitude 140.761034 East (near the intersection of the Barrier Highway with Wompinie Road, east of the Town of Mingary); generally south-westerly along the southern boundary of the Barrier Highway road corridor to its intersection with the production southerly of the eastern boundary of Block 651, OH(Olary), Abminga Pastoral Lease (PE2273) (east of the Town of Olary) [being a point on the southern portion of Ngadjuri Nation Native Title Claim external boundary and the southern portion of Native Title Claim Wilyakali #2 external boundary]; south-westerly along the southern boundary of the Barrier Highway road corridor to its intersection with Longitude 140.361215 East (east of the Town of Olary) [being along a portion of the western portion of Native Title Claim Wilyakali external boundary].

Then generally south-westerly along the southern boundary of the Barrier Highway road corridor to its intersection with the centreline of Yunta Creek at approximately Longitude 139.572680° East (east of the Town of Yunta) [being along a portion of the western portion of Native Title Claim Wilyakali external boundary and a portion of the northern portion of Native Title Claim Ngadjuri Nation #2 external boundary].

Then south-westerly along the southern boundary of the Barrier Highway road corridor to its intersection with Longitude 139.568233 East (east of the Town of Yunta) [being a point on the southern portion of Ngadjuri Nation Native Title Claim external boundary and the southern portion of Native Title Claim Wilyakali #2 external boundary]; generally south-westerly and generally westerly passing in straight lines through the following coordinate points:-

Longitude East

Latitude South

139.476249

32.618871

139.377774

32.658711

139.245777

32.692260

139.115874

32.717423

138.992257

32.732101

138.868639

32.736296

138.734545

32.736297

138.636070

32.738395

138.618260

32.736300

and in straight line to the point of commencement [being along a portion of the northern portion of Native Title Claim Ngadjuri Nation #2 external boundary].

Part 1: West Area [Adnyamathanha people / Ngadjuri people]

External Boundary Description

Commencing at Longitude 138.602767 East, Latitude 32.736300 South (west of the Town of Orroroo), then generally northerly passing in straight lines through the following coordinate points:-

Longitude East

Latitude South

138.606084

32.722854

138.617221

32.692713

138.618012

32.676753

138.615067

32.661502

138.607519

32.632771

138.605832

32.622485

138.600809

32.614163

138.597909

32.609359

138.590416

32.602262

138.585818

32.590201

138.587458

32.581690

138.585760

32.566794

138.582393

32.549414

138.575646

32.508270

138.563515

32.472799

138.557664

32.458255

138.548834

32.414627

138.549620

32.396540

138.557852

32.367108

138.566088

32.339449

138.575596

32.321721

138.608716

32.280596

138.623991

32.244429

138.621437

32.219600

138.617665

32.205767

138.613052

32.187677

138.609718

32.183065

138.587661

32.164257

138.547271

32.121679

138.527273

32.095779

138.525168

32.084429

138.516462

32.070776

[being along a portion of the eastern portion of the Nukunu Native Title Claim external boundary].

Then easterly in a straight line to the south-west corner of Allotment 50 in Filed Plan 251955, Three Creeks Pastoral Lease (PE2324); generally easterly along the southern boundary of Allotment 50; generally south-easterly and generally northerly along the southern and eastern boundaries of Allotment 700 in Filed Plan 251677, Holowilena South Pastoral Lease (PE2260A) to the south-east corner of Allotment 500 in Filed Plan 251778, Holowilena Pastoral Lease (PE2260) [being along a southern and eastern portion of Adnyamathanha No 1 – Stage 2 Native Title Determination Area external boundary].

Then generally northerly along the eastern boundary of Allotment 500; generally north-easterly along the south-eastern boundary of Block 849, OH(Parachilna), Bibliando Pastoral Lease (PE2262) to the south-west corner of Block 1218, OH(Parachilna), Glen Warwick Pastoral Lease (PE2307A) [being along a south-eastern portion of Adnyamathanha People No. 1 (Stage 1) Native Title Determination Area external boundary].

Then generally north-easterly along the southern boundary of Block 1218; southerly along a portion of the eastern boundary of Allotment 403 in Deposited Plan 42207, Curnamona Pastoral Lease (PE2326); generally easterly along the southern boundary of Allotment 403; south-easterly along a portion of the southern boundary of Block 910, OH(Curnamona), Glenorchy Pastoral Lease (PE2205) to its intersection with Longitude 139.719547 East [being along a southern portion of Adnyamathanha No 1 – Stage 2 Native Title Determination Area external boundary].

Then south-westerly in a straight line to the south-west corner of Block 929, OH(Olary), Tin Hut Pastoral Lease (PE2376); south-westerly in a straight line to an eastern corner of Section 1012, OH(Orroroo) at Latitude 32.270269 South; south-westerly in a straight line to the north-east corner of Section 302, Hundred of Waroonee; southerly in a straight line to the intersection of the southern boundary of Section 278, Hundred of Waroonee with Longitude 139.346575 East; southerly in a straight line to the south corner of Section 267, Hundred of Waroonee; generally south-easterly passing in straight lines through the following coordinate points:-

Longitude East

Latitude South

139.376731

32.536398

139.420760

32.570485

139.491775

32.586108

and easterly in straight line to the intersection of the southern boundary of the Barrier Highway road corridor with Longitude 139.568233 East (east of the Town of Yunta) [being along a portion of the western portion of Native Title Claim Wilyakali #2 external boundary].

Then generally south-westerly and generally westerly passing in straight lines through the following coordinate points:-

Longitude East

Latitude South

139.476249

32.618871

139.377774

32.658711

139.245777

32.692260

139.115874

32.717423

138.992257

32.732101

138.868639

32.736296

138.734545

32.736297

138.636070

32.738395

138.618260

32.736300

and in straight line to the point of commencement [being along a portion of the northern portion of Native Title Claim Ngadjuri Nation #2 external boundary].

Part 2: Central Area [Adnyamathanha / Ngadjuri / Wilyakali]

External Boundary Description

Commencing at the intersection of the southern boundary of the Barrier Highway road corridor with Longitude 139.568233 East (east of the Town of Yunta); generally north-westerly passing in straight lines through the following coordinate points :-

Longitude East

Latitude South

139.491775

32.586108

139.420760

32.570485

139.376731

32.536398

north-easterly in a straight line to the south corner of Section 267, Hundred of Waroonee; northerly in a straight line to the intersection of the southern boundary of Section 278, Hundred of Waroonee with Longitude 139.346575 East; northerly in a straight line to the north-east corner of Section 302, Hundred of Waroonee; north-easterly in a straight line to an eastern corner of Section 1012, OH(Orroroo) at Latitude 32.270269 South; north-easterly in a straight line to the south-west corner of Block 929, OH(Olary), Tin Hut Pastoral Lease (PE2376); north-easterly in a straight line to the intersection of the southern boundary of Block 910, OH(Curnamona), Glenorchy Pastoral Lease (PE2205) with Longitude 139.719547 East [being along a portion of the western portion of Native Title Claim Wilyakali #2 external boundary].

Then south-easterly along the southern boundary of Block 910; generally north-easterly along a portion of the western boundary of Allotment 113 in Filed Plan 250354, Plumbago Pastoral Lease (PE2250); generally south-easterly along the northern boundary of Allotment 113; generally south-easterly and generally south-westerly along the northern and eastern boundaries of Allotment 1 in Filed Plan 219181, Bimbowrie Conservation Park; generally southerly along the eastern boundary of Block 651, OH(Olary), Abminga Pastoral Lease (PE2273) to the south-east corner of Block 651; southerly along the production southerly of the eastern boundary of Block 651 to its intersection with the southern boundary of the Barrier Highway road corridor (east of the Town of Olary) [being along a portion of the northern portion and the eastern portion of Ngadjuri Nation Native Title Claim external boundary].

Then south-westerly along the southern boundary of the Barrier Highway road corridor to its intersection with Longitude 140.361215 East (east of the Town of Olary) [being along a portion of the western portion of Native Title Claim Wilyakali external boundary].

Then generally south-westerly along the southern boundary of the Barrier Highway road corridor to its intersection with the centreline of Yunta Creek at approximately Longitude 139.572680° East (east of the Town of Yunta) [being along a portion of the western portion of Native Title Claim Wilyakali external boundary and a portion of the northern portion of Native Title Claim Ngadjuri Nation #2 external boundary].

Then south-westerly along the southern boundary of the Barrier Highway road corridor to the point of commencement [being along a portion of the northern portion of Native Title Claim Ngadjuri Nation #2 external boundary].

Part 3: East Area [Adnyamathanha / Wilyakali]

External Boundary Description

Commencing at the intersection of the southern boundary of the Barrier Highway road corridor with the production southerly of the eastern boundary of Block 651, OH(Olary), Abminga Pastoral Lease (PE2273) (east of the Town of Olary).

Then northerly across the Barrier Highway along the said production to the south-east corner of Block 651; generally northerly along the eastern boundary of Block 651; generally north-easterly and generally north-westerly along the eastern and northern boundaries of Allotment 1 in Filed Plan 219181, Bimbowrie Conservation Park; generally north-westerly along the northern boundary of Allotment 113 in Filed Plan 250354, Plumbago Pastoral Lease (PE2250); generally south-westerly along a portion of the western boundary of Allotment 113 to the south corner of Block 910, OH(Curnamona), Glenorchy Pastoral Lease (PE2205); north-westerly along a portion of the southern boundary of Block 910 to its intersection with Longitude 139.719547 East [being along the eastern portion and a portion of the northern portion of Native Title Claim Ngadjuri Nation external boundary].

Then generally north-easterly passing in straight lines through the following coordinate points:-

Longitude East

Latitude South

139.833014

31.824022

140.139892

31.495675

and north-easterly to an eastern corner of Adnyamathanha No 1 – Stage 2 Native Title Determination Area at Longitude 140.574604 East, Latitude 31.337067 South [being along a southern and south-eastern portion of Adnyamathanha No 1 – Stage 2 Native Title Determination Area external boundary].

Then south-easterly in a straight line toward the point defined as Longitude 140.633846 East, Latitude 31.514914 South until it intersects Latitude 31.476883 South [being along a portion of the western portion of Native Title Claim Malyankapa Peoples external boundary].

Then generally south-easterly and generally south-westerly in straight lines passing through the following coordinate points:-

Longitude East

Latitude South

140.633846

31.514914

140.662150

31.593447

140.704037

31.721444

140.752229

31.859829

140.781565

32.000311

140.783661

32.056922

140.766900

32.090470

and south-westerly in a straight line to the intersection of the southern boundary of the Barrier Highway road corridor with Longitude 140.761034 East (near the intersection of the Barrier Highway with Wompinie Road, east of the Town of Mingary); generally south-westerly along the southern boundary of the Barrier Highway road corridor to the point of commencement [being along a portion of the western portion of Native Title Claim Wilyakali external boundary].

Reference datum

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

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

Use of Coordinates

Where coordinates are used within the description to represent cadastral or topographical boundaries or the intersection with such, they are intended as a guide only. As an outcome of the custodians of cadastral and topographical data continuously recalculating the geographic position of their data based on improved survey and data maintenance procedures, it is not possible to accurately define such a position other than by detailed ground survey.

SCHEDULE 2 NATIVE TITLE LAND (AREAS WHERE NATIVE TITLE IS RECOGNISED IN THIS CD)

DCDBID

HUNDRED_NAME

TITLEREF

Locality

CD_Area

H340100S294

BENDLEBY

CR5762/245

West Area

H340100S295

BENDLEBY

CR5768/235

West Area

H340100S297

BENDLEBY

CR5762/247

West Area

H340100S298

BENDLEBY

CR5768/236

West Area

H360100S250

CAVENAGH

CR5762/867

West Area

H360100S251

CAVENAGH

CR5762/868

West Area

H360100S252

CAVENAGH

CR5762/869

West Area

H360100S253

CAVENAGH

CR5762/870

West Area

H360100S256

CAVENAGH

CR5762/871

West Area

H310300S282

ERSKINE

CR5761/490

West Area

H310300S283

ERSKINE

CR5761/491

West Area

H310300S284

ERSKINE

CR5761/492

West Area

H310300S287

ERSKINE

CR5761/494

West Area

H310400S815

EURELIA

CR5762/751

West Area

H310400S819

EURELIA

CR5762/754

West Area

H340200S312

EURILPA

CR5762/248

West Area

H340200S313

EURILPA

CR5762/249

West Area

H340200S314

EURILPA

CR5762/250

West Area

H340200S315 (portion)

EURILPA

CR5762/251

West Area

H340200S316

EURILPA

CR5762/252

West Area

H340200S318

EURILPA

CR5354/111

West Area

H340300S65

MCCULLOCH

CR5768/238

West Area

H340300S71

MCCULLOCH

CR5762/812

West Area

H340300S72

MCCULLOCH

CR5762/813

West Area

H340300S73

MCCULLOCH

CR5762/814

West Area

H340300S74

MCCULLOCH

CR5762/815

West Area

H360300S269

MINBURRA

CR5768/276

West Area

H360300S270

MINBURRA

CR5768/277

West Area

H360300S304

MINBURRA

CR5762/879

West Area

H360300S305

MINBURRA

CR5762/880

West Area

H360300S306

MINBURRA

CR5759/748

West Area

H360300S307

MINBURRA

CR5759/749

West Area

H360300S308

MINBURRA

CR5762/881

West Area

F250191A102

OH(CURNAMONA)

CL6160/319 PE002216

Boolcoomata Pastoral Lease

East Area

H834800B1121

OH(CURNAMONA)

CL6162/839 PE002278

Kalkaroo Pastoral Lease

East Area

H834800B1157

OH(CURNAMONA)

CL6180/93 PE002380

Peters Pastoral Lease

East Area

H834800B1158

OH(CURNAMONA)

CL6179/964 PE002379

Lignum Pastoral Lease

East Area

H834800B120

OH(CURNAMONA)

CL6183/78 PE002300

Billeroo West Pastoral Lease

East Area

H834800B121

OH(CURNAMONA)

CL6181/746 PE002359

Benagerie Pastoral Lease

East Area

H834800B890

OH(CURNAMONA)

CL6179/987 PE002232

Strathearn Pastoral Lease

East Area

H834800B896

OH(CURNAMONA)

CL6180/12 PE002478

Mooleulooloo Pastoral Lease

East Area

H834800B910

OH(CURNAMONA)

CL6161/302 PE002205

Glenorchy Pastoral Lease

East Area

H834800B926

OH(CURNAMONA)

CL6169/869 PE002357

Kalabity Pastoral Lease

East Area

H834800B947

OH(CURNAMONA)

CL6169/870 PE002365

Telechie Pastoral Lease

East Area

H834800B979

OH(CURNAMONA)

CL6179/994 PE002279

Yarramba Pastoral Lease

East Area

H834800B984

OH(CURNAMONA)

CL6181/747 PE002360

Mulyungarie Pastoral Lease

East Area

F219181A1

OH(OLARY)

CR6052/83

Bimbowrie Conservation Park

Central Area

F250353A114

OH(OLARY)

CL6161/903 PE002212

Mount Victor Pastoral Lease

Central Area / West Area

F250354A113

OH(OLARY)

CL6161/904 PE002250

Plumbago Pastoral Lease

Central Area

F251052A100

OH(OLARY)

CL6174/65 PE002398

Wompinie Pastoral Lease

East Area

F251333Q200

OH(OLARY)

CL6176/449 PE002200

Bindarrah Pastoral Lease

East Area

H835400B1105

OH(OLARY)

CL1629/99 PE002535

Florina Pastoral Lease

Central Area

H835400B1209

OH(OLARY)

CL6161/299 PE002504

Morialpa Pastoral Lease

Central Area

H835400B646

OH(OLARY)

CL1629/99 PE002535

Florina Pastoral Lease

Central Area

H835400B647

OH(OLARY)

CL1629/99 PE002535

Florina Pastoral Lease

Central Area

H835400B651

OH(OLARY)

CL1285/20 PE002273

Abminga Pastoral Lease

Central Area

H835400B656

OH(OLARY)

CL6176/449 PE002200

Bindarrah Pastoral Lease

East Area

H835400B897

OH(OLARY)

CL6196/752 PE002363

Bulloo Creek Pastoral Lease

East Area

H835400B904

OH(OLARY)

CL6160/605 PE002261

Weekeroo Pastoral Lease

Central Area

H835400B909

OH(OLARY)

CL1279/29 PE002238

Outalpa Pastoral Lease

Central Area

H835400B924

OH(OLARY)

CL6190/401 PE002255

Winnininnie Pastoral Lease

Central Area

H835400B925

OH(OLARY)

CL6161/299 PE002504

Morialpa Pastoral Lease

Central Area

H835400B929

OH(OLARY)

CL6161/303 PE002376

Tin Hut Pastoral Lease

Central Area / West Area

H835400S1091 (portion)

OH(OLARY)

CR6051/110

Central Area / West Area

H835400S1117

OH(OLARY)

CR5539/577

Central Area

H835400S1130

OH(OLARY)

CR5764/623

Central Area

H835400S1133

OH(OLARY)

CR5764/625

Central Area

H835400S1134

OH(OLARY)

CR5759/755

Central Area

H835400S1436

OH(OLARY)

CR5337/560

Central Area / West Area

H835400S317

OH(OLARY)

CR5757/313

Central Area

H835400S335

OH(OLARY)

CL6161/299 PE002504

Morialpa Pastoral Lease

Central Area

H835400S336

OH(OLARY)

CL6161/299 PE002504

Morialpa Pastoral Lease

Central Area

H835400S784

OH(OLARY)

CR5750/442

East Area

H835400S785

OH(OLARY)

CR5750/442

East Area

H835400S89

OH(OLARY)

CR5750/441

Central Area

T835402A49

OH(OLARY)

CR5769/203

Central Area

T835402A50

OH(OLARY)

CR5769/204

Central Area

T835402A51

OH(OLARY)

CR5748/7

Central Area

T835402A52

OH(OLARY)

CR5748/8

Central Area

T835402A53

OH(OLARY)

CR5769/205

Central Area

T835402A54

OH(OLARY)

CR5769/206

Central Area

T835402A55

OH(OLARY)

CR5769/207

Central Area

T835402A56

OH(OLARY)

CR5769/208

Central Area

T835402A57

OH(OLARY)

CR5769/209

Central Area

T835402A58

OH(OLARY)

CR5769/210

Central Area

T835402A59

OH(OLARY)

CR5769/211

Central Area

T835402A60

OH(OLARY)

CR5769/212

Central Area

T835402A61

OH(OLARY)

CR5769/213

Central Area

T835402A62

OH(OLARY)

CR5769/214

Central Area

T835402A63

OH(OLARY)

CR5769/215

Central Area

T835402A64

OH(OLARY)

CR5769/216

Central Area

T835402A65

OH(OLARY)

CR5769/217

Central Area

T835402A66

OH(OLARY)

CR5427/568

Central Area

T835402A67

OH(OLARY)

CR5427/569

Central Area

T835402A68

OH(OLARY)

CT5503/136

Central Area

T835402A69

OH(OLARY)

CT5503/136

Central Area

T835403A100

OH(OLARY)

CR5770/582

East Area

T835403A101

OH(OLARY)

CR5770/583

East Area

T835403A102

OH(OLARY)

CR5770/584

East Area

T835403A31

OH(OLARY)

CR5764/631

East Area

T835403A32

OH(OLARY)

CR5764/632

East Area

T835403A33

OH(OLARY)

CR5769/225

East Area

T835403A34

OH(OLARY)

CR5769/226

East Area

T835403A35

OH(OLARY)

CR5769/227

East Area

T835403A36

OH(OLARY)

CR5769/228

East Area

T835403A37

OH(OLARY)

CR5769/229

East Area

T835403A38

OH(OLARY)

CR5769/230

East Area

T835403A39

OH(OLARY)

CR5769/231

East Area

T835403A40

OH(OLARY)

CR5769/232

East Area

T835403A47

OH(OLARY)

CR5769/233

East Area

T835403A49

OH(OLARY)

CR5769/234

East Area

T835403A50

OH(OLARY)

CR5769/235

East Area

T835403A51

OH(OLARY)

CR5769/236

East Area

T835403A52

OH(OLARY)

CR5769/237

East Area

T835403A53

OH(OLARY)

CR5770/540

East Area

T835403A54

OH(OLARY)

CR5770/541

East Area

T835403A55

OH(OLARY)

CR5770/542

East Area

T835403A56

OH(OLARY)

CR5770/543

East Area

T835403A57

OH(OLARY)

CR5770/544

East Area

T835403A58

OH(OLARY)

CR5770/545

East Area

T835403A59

OH(OLARY)

CR5770/585

East Area

T835403A60

OH(OLARY)

CR5770/546

East Area

T835403A61

OH(OLARY)

CR5770/547

East Area

T835403A62

OH(OLARY)

CR5770/548

East Area

T835403A63

OH(OLARY)

CR5770/549

East Area

T835403A64

OH(OLARY)

CR5770/550

East Area

T835403A65

OH(OLARY)

CR5770/551

East Area

T835403A67

OH(OLARY)

CR5770/552

East Area

T835403A68

OH(OLARY)

CR5770/553

East Area

T835403A69

OH(OLARY)

CR5770/554

East Area

T835403A70

OH(OLARY)

CR5770/555

East Area

T835403A71

OH(OLARY)

CR5770/556

East Area

T835403A72

OH(OLARY)

CR5770/557

East Area

T835403A73

OH(OLARY)

CR5770/558

East Area

T835403A74

OH(OLARY)

CR5770/559

East Area

T835403A75

OH(OLARY)

CR5770/560

East Area

T835403A76

OH(OLARY)

CR5770/561

East Area

T835403A77

OH(OLARY)

CR5770/562

East Area

T835403A78

OH(OLARY)

CR5770/563

East Area

T835403A79

OH(OLARY)

CR5764/633

East Area

T835403A80

OH(OLARY)

CR5764/634

East Area

T835403A81

OH(OLARY)

CR5770/564

East Area

T835403A82

OH(OLARY)

CR5770/565

East Area

T835403A83

OH(OLARY)

CR5770/566

East Area

T835403A84

OH(OLARY)

CR5770/567

East Area

T835403A85

OH(OLARY)

CR5770/568

East Area

T835403A86

OH(OLARY)

CR5770/569

East Area

T835403A87

OH(OLARY)

CR5770/570

East Area

T835403A88

OH(OLARY)

CR5770/571

East Area

T835403A89

OH(OLARY)

CR5770/572

East Area

T835403A90

OH(OLARY)

CR5770/573

East Area

T835403A92

OH(OLARY)

CR5770/574

East Area

T835403A93

OH(OLARY)

CR5770/575

East Area

T835403A94

OH(OLARY)

CR5770/576

East Area

T835403A95

OH(OLARY)

CR5770/577

East Area

T835403A96

OH(OLARY)

CR5770/578

East Area

T835403A97

OH(OLARY)

CR5770/579

East Area

T835403A98

OH(OLARY)

CR5770/580

East Area

T835403A99

OH(OLARY)

CR5770/581

East Area

T835404A42

OH(OLARY)

CR5770/586

Central Area

T835404A43

OH(OLARY)

CR5770/587

Central Area

T835404A46

OH(OLARY)

CR5770/588

Central Area

T835404A47

OH(OLARY)

CR5770/589

Central Area

T835404A48

OH(OLARY)

CR5770/590

Central Area

T835404A49

OH(OLARY)

CR5770/591

Central Area

T835404A50

OH(OLARY)

CR5770/592

Central Area

T835404A51

OH(OLARY)

CR5770/593

Central Area

T835404A52

OH(OLARY)

CR5770/594

Central Area

T835404A53

OH(OLARY)

CR5770/595

Central Area

T835404A54

OH(OLARY)

CR5770/596

Central Area

T835404A55

OH(OLARY)

CR5770/597

Central Area

T835404A56

OH(OLARY)

CR5524/76

Central Area

T835404A57

OH(OLARY)

CR5524/77

Central Area

T835404A58

OH(OLARY)

CR5524/78

Central Area

T835404A59

OH(OLARY)

CR5527/742

Central Area

T835404A60

OH(OLARY)

CR5524/79

Central Area

T835404A61

OH(OLARY)

CR5524/80

Central Area

D42208A490

OH(ORROROO)

CL6172/508 PE002207

Minburra Pastoral Lease

West Area

F251182A500

OH(ORROROO)

CL6175/286 PE002203

Melton Pastoral Lease

Central Area / West Area

F251254A510

OH(ORROROO)

CL6175/813 PE002309

Koonamore Pastoral Lease

Central Area / West Area

F36647A1

OH(ORROROO)

CR5296/706

West Area

F36647A10

OH(ORROROO)

CR5296/715

West Area

F36647A11

OH(ORROROO)

CR5296/981

West Area

F36647A12

OH(ORROROO)

CR5296/982

West Area

F36647A13

OH(ORROROO)

CR5296/983

West Area

F36647A14

OH(ORROROO)

CR5296/984

West Area

F36647A15

OH(ORROROO)

CR5296/985

West Area

F36647A17

OH(ORROROO)

CR5296/987

West Area

F36647A18

OH(ORROROO)

CR5296/988

West Area

F36647A19

OH(ORROROO)

CR5296/989

West Area

F36647A2

OH(ORROROO)

CR5296/707

West Area

F36647A20

OH(ORROROO)

CR5296/990

West Area

F36647A21

OH(ORROROO)

CR5296/991

West Area

F36647A22

OH(ORROROO)

CR5296/992

West Area

F36647A23

OH(ORROROO)

CR5296/993

West Area

F36647A26

OH(ORROROO)

CR5296/996

West Area

F36647A27

OH(ORROROO)

CR5296/997

West Area

F36647A28

OH(ORROROO)

CR5296/998

West Area

F36647A29

OH(ORROROO)

CR5296/999

West Area

F36647A3

OH(ORROROO)

CR5296/708

West Area

F36647A30

OH(ORROROO)

CR5297/1

West Area

F36647A32

OH(ORROROO)

CR5297/3

West Area

F36647A33

OH(ORROROO)

CR5297/4

West Area

F36647A34

OH(ORROROO)

CR5297/5

West Area

F36647A35

OH(ORROROO)

CR5297/6

West Area

F36647A36

OH(ORROROO)

CR5297/7

West Area

F36647A37

OH(ORROROO)

CR5297/8

West Area

F36647A38

OH(ORROROO)

CR5297/9

West Area

F36647A39

OH(ORROROO)

CR5297/10

West Area

F36647A4

OH(ORROROO)

CR5296/709

West Area

F36647A40

OH(ORROROO)

CR5297/11

West Area

F36647A41

OH(ORROROO)

CR5297/12

West Area

F36647A42

OH(ORROROO)

CR5297/13

West Area

F36647A43

OH(ORROROO)

CR5297/14

West Area

F36647A44

OH(ORROROO)

CR5297/15

West Area

F36647A45

OH(ORROROO)

CR5297/16

West Area

F36647A46

OH(ORROROO)

CR5297/17

West Area

F36647A47

OH(ORROROO)

CR5297/18

West Area

F36647A48

OH(ORROROO)

CR5297/19

West Area

F36647A49

OH(ORROROO)

CR5297/20

West Area

F36647A50

OH(ORROROO)

CR5297/21

West Area

F36647A51

OH(ORROROO)

CR5299/405

West Area

F36647A54

OH(ORROROO)

CR5299/406

West Area

F36647A55

OH(ORROROO)

CR5299/407

West Area

F36647A56

OH(ORROROO)

CR5299/408

West Area

F36647A58

OH(ORROROO)

CR5299/409

West Area

F36647A7

OH(ORROROO)

CR5296/712

West Area

F36647A8

OH(ORROROO)

CR5296/713

West Area

F36647A9

OH(ORROROO)

CR5296/714

West Area

F59159A100

OH(ORROROO)

CR6145/277

Central Area / West Area

H835300B1151

OH(ORROROO)

CL6173/243 PE002358

North Hillls Pastoral Lease

West Area

H835300B843

OH(ORROROO)

CL1402/37 PE002474

Witchitie Pastoral Lease

West Area

H835300S1011 (portion)

OH(ORROROO)

CR5769/172

West Area

H835300S1012

OH(ORROROO)

CR5308/929

West Area

H835300S1433 (portion)

OH(ORROROO)

CR5308/928

West Area

H835300S304

OH(ORROROO)

CR5759/730

West Area

H835300S378

OH(ORROROO)

CR5308/930

West Area

H835300S982

OH(ORROROO)

CR5759/731

West Area

H835300S983

OH(ORROROO)

CR5759/731

West Area

H835300S984

OH(ORROROO)

CR5759/732

West Area

D42206A54

OH(PARACHILNA)

CL6184/17 PE002269

Baratta Pastoral Lease

West Area

H310700S297

OLADDIE

CR5762/773

West Area

H310700S299

OLADDIE

CR5762/774

West Area

H310700S300

OLADDIE

CR5767/20

West Area

H310700S301

OLADDIE

CR5762/775

West Area

H310700S322

OLADDIE

CR5762/776

West Area

T310701A1

OLADDIE

CR5762/777

West Area

T310701A2

OLADDIE

CR5762/778

West Area

T310701A20

OLADDIE

CR5555/670

West Area

T310701A26

OLADDIE

CR5767/22

West Area

T310701A27

OLADDIE

CR5767/23

West Area

T310701A29

OLADDIE

CR5767/24

West Area

T310701A37

OLADDIE

CR5767/26

West Area

T310701A38

OLADDIE

CR5767/27

West Area

T310701A39

OLADDIE

CR5767/28

West Area

T310701A42

OLADDIE

CR5767/30

West Area

T310701A45

OLADDIE

CR5767/31

West Area

T310701A46

OLADDIE

CR5767/32

West Area

T310701A47

OLADDIE

CR5767/33

West Area

T310701A48

OLADDIE

CR5767/34

West Area

T310701A5

OLADDIE

CR5767/21

West Area

H360500S317

PARATOO

CR5762/897

West Area

D28233A1

WALLOWAY

CR5753/657

West Area

D43342A13

WALLOWAY

CR5328/216

West Area

D85597A36

WALLOWAY

CR6076/277

West Area

H311000S311

WALLOWAY

CR5746/420

West Area

H311000S336 (portion)

WALLOWAY

CR5755/853

West Area

H311000S337 (portion)

WALLOWAY

CR6076/277

West Area

H311000S338

WALLOWAY

CR6076/277

West Area

H311000S340 (portion)

WALLOWAY

CR5755/854

West Area

H311000S341

WALLOWAY

CR5755/855

West Area

H311000S345

WALLOWAY

CR6076/277

West Area

H311000S347 (portion)

WALLOWAY

CR6076/277

West Area

H311000S348 (portion)

WALLOWAY

CR6076/277

West Area

H311000S361

WALLOWAY

CR5755/858

West Area

H311000S362

WALLOWAY

CR5755/853

West Area

H311000S425

WALLOWAY

CR5762/805

West Area

H311000S428

WALLOWAY

CR5762/808

West Area

H311000S500

WALLOWAY

CR5762/811

West Area

T311001A178

WALLOWAY

CR5755/860

West Area

H360600S329

WAROONEE

CR5762/899

West Area

H360600S330

WAROONEE

CR5762/900

West Area

H340500S141

WIRREANDA

CR5756/583

West Area

H311100S336

YALPARA

CR5762/166

West Area

H311100S337

YALPARA

CR5759/903

West Area

H311100S338

YALPARA

CR5759/904

West Area

H311100S339

YALPARA

CR5762/167

West Area

H311100S340

YALPARA

CR5762/168

West Area

H340600S353

YANYARRIE

CR5768/262

West Area

H340600S354

YANYARRIE

CR5768/263

West Area

H340700S106

YEDNALUE

CR5756/585

West Area

H340700S107

YEDNALUE

CR5756/586

West Area

H340700S108

YEDNALUE

CR5756/587

West Area

SCHEDULE 3 - LAND AND WATERS WHERE NATIVE TITLE HAS BEEN EXTINGUISHED

1.    Native title rights and interests have been extinguished in:

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

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

(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; and

(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; and

(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 earth's 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 defined in section 251D of the Native Title Act) which were constructed, established or situated prior to 23 December 1996 or commenced to be constructed or established on or before that date.

3.    Public Works constructed, established or situated after 23 December 1996 have had such effect as has resulted from Part 2, Division 3, of the Native Title Act.

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

5.    In addition to the extinguishment effected pursuant to the items in this Schedule, native title rights and interests have been extinguished in those parcels or parts of parcels set out below:

DCDBID

HUNDRED_NAME

TITLEREF

Locality

CD_Area

D24328A1

BENDLEBY

CR5753/152

West Area

D24328A2

BENDLEBY

CT5993/556

West Area

D26528A1

BENDLEBY

CT5999/768

West Area

D68280A2

BENDLEBY

CT6020/919

West Area

D68281A1

BENDLEBY

CT6020/919

West Area

D72882A50

BENDLEBY

CT6035/839

West Area

D84448A1

BENDLEBY

CT6070/160

West Area

D84448A2

BENDLEBY

CT6070/161

West Area

H340100S1

BENDLEBY

CT6020/919

West Area

H340100S10

BENDLEBY

CT5999/768

West Area

H340100S100

BENDLEBY

CT6035/839

West Area

H340100S101

BENDLEBY

CT6035/839

West Area

H340100S102

BENDLEBY

CT6020/919

West Area

H340100S104

BENDLEBY

CT6035/839

West Area

H340100S105

BENDLEBY

CT6035/839

West Area

H340100S106

BENDLEBY

CT6035/839

West Area

H340100S107

BENDLEBY

CT6035/839

West Area

H340100S108

BENDLEBY

CT6035/839

West Area

H340100S109

BENDLEBY

CT6035/839

West Area

H340100S11

BENDLEBY

CT5999/768

West Area

H340100S110

BENDLEBY

CT6035/839

West Area

H340100S110C

BENDLEBY

CT5821/643

West Area

H340100S111

BENDLEBY

CT6035/839

West Area

H340100S112

BENDLEBY

CT6035/839

West Area

H340100S113

BENDLEBY

CT6035/839

West Area

H340100S114

BENDLEBY

CT6070/162

West Area

H340100S115

BENDLEBY

CT6070/162

West Area

H340100S116

BENDLEBY

CT6070/162

West Area

H340100S117

BENDLEBY

CT6070/162

West Area

H340100S118

BENDLEBY

CT5999/768

West Area

H340100S119

BENDLEBY

CT6070/162

West Area

H340100S12

BENDLEBY

CT5999/768

West Area

H340100S120

BENDLEBY

CT6070/162

West Area

H340100S121

BENDLEBY

CT6035/839

West Area

H340100S122

BENDLEBY

CT6035/839

West Area

H340100S123

BENDLEBY

CT6035/839

West Area

H340100S124

BENDLEBY

CT5993/556

West Area

H340100S126

BENDLEBY

CT6035/839

West Area

H340100S127

BENDLEBY

CT6035/839

West Area

H340100S128

BENDLEBY

CT6035/839

West Area

H340100S129

BENDLEBY

CT6035/839

West Area

H340100S13

BENDLEBY

CT5999/768

West Area

H340100S130

BENDLEBY

CT6035/839

West Area

H340100S131

BENDLEBY

CT6035/839

West Area

H340100S132

BENDLEBY

CT6035/839

West Area

H340100S133

BENDLEBY

CT6035/839

West Area

H340100S134

BENDLEBY

CT6035/839

West Area

H340100S136

BENDLEBY

CT6035/839

West Area

H340100S136C

BENDLEBY

CT5835/605

West Area

H340100S138

BENDLEBY

CT6035/839

West Area

H340100S139

BENDLEBY

CT6035/839

West Area

H340100S14

BENDLEBY

CT5999/768

West Area

H340100S140

BENDLEBY

CT5993/556

West Area

H340100S141

BENDLEBY

CT5993/556

West Area

H340100S142

BENDLEBY

CT6070/162

West Area

H340100S143

BENDLEBY

CT6070/162

West Area

H340100S144

BENDLEBY

CT6070/162

West Area

H340100S145

BENDLEBY

CT5993/556

West Area

H340100S145C

BENDLEBY

CT5660/781

West Area

H340100S146

BENDLEBY

CT5993/556

West Area

H340100S147

BENDLEBY

CT6035/839

West Area

H340100S148

BENDLEBY

CT6035/839

West Area

H340100S149

BENDLEBY

CT6070/162

West Area

H340100S15

BENDLEBY

CT5999/768

West Area

H340100S150

BENDLEBY

CT6070/162

West Area

H340100S151

BENDLEBY

CT6070/162

West Area

H340100S152

BENDLEBY

CT5999/768

West Area

H340100S153

BENDLEBY

CT6035/839

West Area

H340100S154

BENDLEBY

CT5303/805

West Area

H340100S155

BENDLEBY

CT5303/805

West Area

H340100S156

BENDLEBY

CT5993/556

West Area

H340100S158

BENDLEBY

CT5993/556

West Area

H340100S159

BENDLEBY

CT6035/839

West Area

H340100S16

BENDLEBY

CT5999/768

West Area

H340100S160

BENDLEBY

CT6035/839

West Area

H340100S162

BENDLEBY

CT5893/990

West Area

H340100S163

BENDLEBY

CT5893/990

West Area

H340100S164

BENDLEBY

CT5881/283

West Area

H340100S165

BENDLEBY

CT5893/990

West Area

H340100S167

BENDLEBY

CT6009/564

West Area

H340100S168

BENDLEBY

CT6009/564

West Area

H340100S169

BENDLEBY

CT5993/556

West Area

H340100S17

BENDLEBY

CT5999/768

West Area

H340100S170

BENDLEBY

CT5993/556

West Area

H340100S171

BENDLEBY

CT5993/556

West Area

H340100S172

BENDLEBY

CT5993/556

West Area

H340100S173

BENDLEBY

CT5993/556

West Area

H340100S174

BENDLEBY

CT5993/556

West Area

H340100S175

BENDLEBY

CT5303/805

West Area

H340100S176

BENDLEBY

CT5993/556

West Area

H340100S177

BENDLEBY

CT5303/805

West Area

H340100S178

BENDLEBY

CT5999/768

West Area

H340100S179

BENDLEBY

CT5999/768

West Area

H340100S18

BENDLEBY

CT5999/768

West Area

H340100S180

BENDLEBY

CT5999/768

West Area

H340100S181

BENDLEBY

CT6035/839

West Area

H340100S182

BENDLEBY

CT6035/839

West Area

H340100S183

BENDLEBY

CT6035/839

West Area

H340100S184

BENDLEBY

CT6035/839

West Area

H340100S185

BENDLEBY

CT6035/839

West Area

H340100S186

BENDLEBY

CT6035/839

West Area

H340100S187

BENDLEBY

CT6035/839

West Area

H340100S188

BENDLEBY

CT6035/839

West Area

H340100S189

BENDLEBY

CT6035/839

West Area

H340100S19

BENDLEBY

CT5999/768

West Area

H340100S190

BENDLEBY

CT6035/839

West Area

H340100S191

BENDLEBY

CT6035/839

West Area

H340100S192

BENDLEBY

CT6035/839

West Area

H340100S193

BENDLEBY

CT6035/839

West Area

H340100S194

BENDLEBY

CT6035/839

West Area

H340100S195

BENDLEBY

CT6035/839

West Area

H340100S196

BENDLEBY

CT6035/839

West Area

H340100S197

BENDLEBY

CT6035/839

West Area

H340100S198

BENDLEBY

CT6035/839

West Area

H340100S199

BENDLEBY

CT6035/839

West Area

H340100S2

BENDLEBY

CT6020/919

West Area

H340100S20

BENDLEBY

CT5713/11

West Area

H340100S200

BENDLEBY

CT6035/839

West Area

H340100S201

BENDLEBY

CT6035/839

West Area

H340100S202

BENDLEBY

CT6035/839

West Area

H340100S203

BENDLEBY

CT6035/839

West Area

H340100S204

BENDLEBY

CT6035/839

West Area

H340100S205

BENDLEBY

CT6035/839

West Area

H340100S206

BENDLEBY

CT6035/839

West Area

H340100S207

BENDLEBY

CT6035/839

West Area

H340100S208

BENDLEBY

CT6035/839

West Area

H340100S209

BENDLEBY

CT6035/839

West Area

H340100S21

BENDLEBY

CT6018/699

West Area

H340100S210

BENDLEBY

CT6035/839

West Area

H340100S211

BENDLEBY

CT6035/839

West Area

H340100S212

BENDLEBY

CT6035/839

West Area

H340100S213

BENDLEBY

CT6035/839

West Area

H340100S214

BENDLEBY

CT6035/839

West Area

H340100S215

BENDLEBY

CT6035/839

West Area

H340100S216

BENDLEBY

CT6035/839

West Area

H340100S217

BENDLEBY

CT6035/839

West Area

H340100S218

BENDLEBY

CT6035/839

West Area

H340100S219

BENDLEBY

CT6035/839

West Area

H340100S22

BENDLEBY

CT5999/768

West Area

H340100S220

BENDLEBY

CT6035/839

West Area

H340100S221

BENDLEBY

CT6035/839

West Area

H340100S222

BENDLEBY

CT6035/839

West Area

H340100S223

BENDLEBY

CT6035/839

West Area

H340100S224

BENDLEBY

CT6035/839

West Area

H340100S225

BENDLEBY

CT6035/839

West Area

H340100S226

BENDLEBY

CT6035/839

West Area

H340100S227

BENDLEBY

CT6035/839

West Area

H340100S228

BENDLEBY

CT6035/839

West Area

H340100S229

BENDLEBY

CT6035/839

West Area

H340100S23

BENDLEBY

CT6018/698

West Area

H340100S230

BENDLEBY

CT6035/839

West Area

H340100S231

BENDLEBY

CT6035/839

West Area

H340100S232

BENDLEBY

CT6035/839

West Area

H340100S233

BENDLEBY

CT6035/839

West Area

H340100S234

BENDLEBY

CT6035/839

West Area

H340100S235

BENDLEBY

CT6035/839

West Area

H340100S236

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