FEDERAL COURT OF AUSTRALIA

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

ORDERS

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:-

[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:-

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:-

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:-

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:-

[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:-

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:-

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 :-

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:-

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:-

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)