FEDERAL COURT OF AUSTRALIA

Mooney on behalf of the Yuwibara People and State of Queensland [2020] FCA 170

ORDERS

BEING SATISFIED that an order in the terms set out below is within the power of the Court, and it appearing appropriate to the Court to do so, pursuant to s 87 of the Native Title Act 1993 (Cth)

BY CONSENT THE COURT ORDERS THAT:

1.    There be a determination of native title in the terms set out below (the determination).

2.    The determination of native title for the following parcels will take effect upon the agreement referred to in paragraph 1 of Schedule 2 being registered on the Register of Indigenous Land Use Agreements:

(a)    Lot 132 on USL44444;

(b)    Lot 71 on USL37679;

(c)    That part of Lot 1 on AP22276 described as Permit to Occupy No.0/218998 over Lot 1 on AP10082;

(d)    Lot 2 on AP22022;

(e)    Lot 70 on SP150994;

(f)    Lot 12 on SP150994;

(g)    That part of Lot 83 on USL39222 described as Permit to Occupy No. 0/209736 over Lot 1 on AP2024;

(h)    That part of Lot 502 on SP112980 excluding the area formerly described as Lot 502 on CI3595; and

(i)    That part of Lot 291 on C124552 which is described in Part 3 of Schedule 4.

3.    In the event that the agreement referred to in paragraph 1 of Schedule 2 is not registered on the Register of Indigenous Land Use Agreements within twelve (12) months of the date of this order the matter be listed for further directions.

4.    Each party to the proceedings is to bear its own costs.

BY CONSENT THE COURT DETERMINES THAT:

5.    The determination area is the land and waters described in Schedule 4 and depicted in the map attached to Schedule 6 to the extent those areas are within the External Boundary and not otherwise excluded by the terms of Schedule 5 (the Determination Area). To the extent of any inconsistency between the written description and the map, the written description prevails.

6.    Native title exists in the Determination Area.

7.    The native title is held by the Yuwibara People described in Schedule 1 (the Native Title Holders).

8.    Subject to orders 12, 13 and 14 below the nature and extent of the native title rights and interests in relation to the land and waters described in Part 1 of Schedule 4 are:

(a)    other than in relation to Water, the right to possession, occupation, use and enjoyment of the area to the exclusion of all others; and

(b)    in relation to Water, the non-exclusive rights to:

(i)    hunt, fish and gather from the Water of the area;

(ii)    take the Natural Resources of the Water in the area; and

(iii)    take the Water of the area, for personal, domestic and non-commercial communal purposes.

9.    Subject to orders 12, 13 and 14 below the nature and extent of the native title rights and interests in relation to the land and waters described in Part 2 of Schedule 4 are the non-exclusive rights to:

(a)    access, be present on, move about on and travel over the area;

(b)    remain and camp on the area, and for those purposes erect shelters and other structures that are not permanent in nature;

(c)    hunt, fish and gather on the land and waters of the area;

(d)    take the Natural Resources from the land and waters of the area;

(e)    take the Water of the area for personal, domestic and non-commercial communal purposes;

(f)    conduct ceremonies on the area;

(g)    be buried and bury Native Title Holders within the area;

(h)    maintain places of importance and areas of significance to the Native Title Holders under their traditional laws and customs and protect those places and areas from physical harm;

(i)    teach on the area the physical and spiritual attributes of the area;

(j)    hold meetings on the area; and

(k)    light fires on the area for domestic purposes including cooking, but not for the purpose of hunting or clearing vegetation.

10.    Subject to orders 12, 13 and 14 below the nature and extent of the native title rights and interests in relation to the land and waters described in Part 3 of Schedule 4 are:

(a)    for any part of a parcel that is located on the landward side of the High Water Mark:

(i)    other than in relation to Water, the right to possession, occupation, use and enjoyment of the area to the exclusion of all others; and

(ii)    in relation to Water, the non-exclusive rights to:

(A)    hunt, fish and gather from the Water of the area;

(B)    take the Natural Resources of the Water in the area; and

(C)    take the Water of the area, for personal, domestic and non- commercial communal purposes; and

(b)    for any part of a parcel that is located on the seaward side of the High Water Mark, the rights and interests described in order 9 above.

11.    Subject to orders 12, 13 and 14 below the nature and extent of the native title rights and interests in relation to the land and waters described in Part 4 of Schedule 4 are the non-exclusive rights to:

(a)    access, be present on, move about on and travel over the area;

(b)    hunt, fish and gather on the area;

(c)    take seawater of the area for personal, domestic and non-commercial communal purposes; and

(d)    teach on the area the physical and spiritual attributes of the area.

12.    The native title rights and interests are subject to and exercisable in accordance with:

(a)    the Laws of the State and the Commonwealth; and

(b)    the traditional laws acknowledged and traditional customs observed by the Native Title Holders.

13.    The native title rights and interests referred to in orders 8(b), 9, 10(a)(ii), 10(b) and 11 do not confer possession, occupation, use or enjoyment to the exclusion of all others.

14.    There are no native title rights in or in relation to minerals as defined by the Mineral Resources Act 1989 (Qld) and petroleum as defined by the Petroleum Act 1923 (Qld) and the Petroleum and Gas (Production and Safety) Act 2004 (Qld).

15.    The nature and extent of any other interests in relation to the Determination Area (or respective parts thereof) are set out in Schedule 2.

16.    The relationship between the native title rights and interests described in orders 8, 9, 10 and 11 and the other interests described in Schedule 2 (the Other Interests) is that:

(a)    the Other Interests continue to have effect, and the rights conferred by or held under the Other Interests may be exercised notwithstanding the existence of the native title rights and interests;

(b)    to the extent the Other Interests are inconsistent with the continued existence, enjoyment or exercise of the native title rights and interests in relation to the land and waters of the Determination Area, the native title continues to exist in its entirety but the native title rights and interests have no effect in relation to the Other Interests to the extent of the inconsistency for so long as the Other Interests exist; and

(c)    the Other Interests and any activity that is required or permitted by or under, and done in accordance with, the Other Interests, or any activity that is associated with or incidental to such an activity, prevail over the native title rights and interests and any exercise of the native title rights and interests but will not extinguish them except in relation to acts that consist of the construction or establishment of a public work, done after this determination where s 24JA of the Native Title Act 1993 (Cth) applies.

DEFINITIONS AND INTERPRETATION

17.    In this determination, unless the contrary intention appears:

“External Boundary” means the area described in Schedule 3;

“High Water Mark” has the meaning given in the Land Act 1994 (Qld);

“land” and “waters”, respectively, have the same meanings as in the Native Title Act 1993 (Cth);

“Laws of the State and the Commonwealth” means the common law and the laws of the State of Queensland and the Commonwealth of Australia, and includes legislation, regulations, statutory instruments, local planning instruments and local laws;

“Local Government Act” has the meaning given in the Local Government Act 2009 (Qld);

“Local Government Area” has the meaning given in the Local Government Act 2009 (Qld);

“Low Water Mark” has the meaning given in the Land Act 1994 (Qld);

“Natural Resources” means:

   (a)    any animal, plant, fish and bird life found on or in the lands and waters of the Determination Area; and

   (b)    any clays, soil, sand, gravel or rock found on or below the surface of the Determination Area,

that have traditionally been taken and used by the Native Title Holders, but does not include:

   (a)    animals that are the private personal property of another;

   (b)    crops that are the private personal property of another; and

   (c)    minerals as defined in the Mineral Resources Act 1989 (Qld); or

   (d)    petroleum as defined in the Petroleum Act 1923 (Qld) and the Petroleum and Gas (Production and Safety) Act 2004 (Qld);

“Reserve” means a reserve dedicated or taken to be a reserve under the Land Act 1994 (Qld);

“Water” means:

   (e)    water which flows, whether permanently or intermittently, within a river, creek or stream;

   (f)    any natural collection of water, whether permanent or intermittent; and

   (g)    tidal water.

“Works” has the same meaning as in the Electricity Act 1994 (Qld).

Other words and expressions used in this determination have the same meanings as they have in Part 15 of the Native Title Act 1993 (Cth).

THE COURT DETERMINES THAT:

18.    The native title is held in trust.

19.    The Yuwi Aboriginal Corporation (ICN: 8608), incorporated under the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Cth), is to:

(a)    be the prescribed body corporate for the purpose of ss 56(2)(b) and 56(3) of the Native Title Act 1993 (Cth); and

(b)    perform the functions mentioned in s 57(1) of the Native Title Act 1993 (Cth) after becoming a registered native title body corporate.

LIST OF SCHEDULES

Schedule 1 – Native Title Holders

Schedule 2 – Other Interests in the Determination Area

Schedule 3 – External Boundary

Schedule 4 – Description of Determination Area

Schedule 5 – Areas Not Forming Part of the Determination Area

Schedule 6 – Map of Determination Area

Schedule 1 – Native Title Holders

1.    The Native Title Holders are the Yuwibara People. The Yuwibara People are the bloodline descendants of one or more of the following people:

(a)    Peter Nolan:

(b)    Jane Morris, mother of Peter Smith and Frank Morris;

(c)    Molly, mother of Bill Bargo (aka Bill Tonga) and Annie Bargo (aka Annie Tonga);

(d)    Johanna Hazeldean;

(e)    Mungo, King of Hamilton, father of Spoonbill;

(f)    Jerry McDonald; or

(g)    Janie (McDonald).

Schedule 2 – Other Interests in the Determination Area

The nature and extent of the other interests in relation to the Determination Area are the following as they exist as at the date of the determination:

1.    The rights and interests of the parties to the Yuwibara People Interim Indigenous Land Use Agreement between Melanie Roseveen Kemp on her own behalf and on behalf of the Yuwibara People, Yuwi Aboriginal Corporation ICN 8608, Matthew McDonnell, Jennifer Van Der Starre, Irene Adams, Hayley Mann, Madeline Jones, Bernard Tonga and Pamela Young, the State of Queensland, Norman George Ladley and Sharon Lillian Ladley, Gary Andrew McDermott and Mackay Regional Council, authorised by the native title claim group on 14 December 2019 (the Yuwibara People Interim Indigenous Land Use Agreement);

2.    The rights and interests of Telstra Corporation Limited ACN 051 775 556:

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

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

(i)    to inspect land;

(ii)    to install, occupy and operate telecommunication facilities; and

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

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

(d)    under any lease, licence, permit, access agreement or easement relating to its telecommunications facilities in the Determination Area, including in relation to:

(i)    Lot 4 on SP278050;

(ii)    Lot 377 on CI3437;

(iii)    Lot 1 on M30416; and

(iv)    Lot 150 on NPW854.

3.    The rights and interests of Ergon Energy Corporation ACN 087 646 062:

(a)    as the owner and operator of any Works (as that term is defined in the Electricity Act 1994 (Qld)) within the Determination Area;

(b)    as an electricity entity under the Electricity Act 1994 (Qld), including but not limited to:

(i)    as the holder of a distribution authority;

(ii)    to inspect, maintain and manage any Works in the Determination Area; and

(iii)    in relation to any agreement or consent relating to the Determination Area existing or entered into before the date these orders are made; and

(c)    to enter the Determination Area by its employees, agents or contractors to exercise any of the rights and interests referred to in this paragraph.

4.    The rights and interests of North Queensland Bulk Ports Corporation ABN 36 136 880 218:

(a)    as trustee of the following reserves located within the Determination Area:

(i)    Reserve 483 for Harbour Board purposes over Lot 5 on Plan CP886045, Lot 13 on Plan SP115931, Lot 23 on Plan SP123751, Lot 39 on Plan SP115932, Lot 70 on Plan SP123751 and that part of Lot 12 on Plan SP287967 which is located within the Determination Area;

(ii)    Reserve 778 for Park and Recreation Purposes over Lot 373 on Plan CI2729; and

(iii)    Reserve 873 for Harbour Board Purposes over Lot 583 on Plan CI3457;

(b)    as the holder of the following perpetual leases (where those leases fall within the Determination Area):

(i)    Perpetual lease 0/215031 over Lot 126 on SP123776;

(ii)    Perpetual lease 0/214944 over Lot 130 on SP105841 and Lot 134 on SP185573;

(iii)    Perpetual lease 0/230187 over Lot 135 on SP185580;

(iv)    Perpetual lease 0/214948 over Lot 143 on SP121683;

(v)    Perpetual lease 0/212986 over Lot 63 on SP143358;

(vi)    Perpetual lease 0/214947 over Lot 95 on SP231132;

(vii)    Perpetual lease 0/234064 over Lot 96 on SP231132; and

(viii)    Perpetual lease 0/236567 over Lot 1 on SP256335;

(c)    as the holder of Permit to Occupy 233949 over Lot C on AP19508; and

(d)    as the holder of Sales Permit 20090852 over Lot 12 on SP287967 (for that part of the Sales Permit which is within the Determination Area);

5.    The rights and interests of Aurizon Network Pty Ltd (ACN 132 181 116), Aurizon Operations Limited (ACN 124 649 967) and Aurizon Property Pty Ltd (ACN 145 991 724):

(a)    in relation to rail transport infrastructure under the Transport Infrastructure Act 1994 (Qld); and

(b)    under any lease, licence, easement, permit or agreement within the Determination Area.

6.    The rights and interests of the holder of the following easements:

(a)    Easement in gross number 702742869 burdening the land over Easement C on Survey Plan 101148 on Lot 4 on Registered Plan 724921;

(b)    Easement number 700851350 burdening the land to Lot 32 on Registered Plan 882366 over Easement A on Registered Plan 882366 on Lot 133 on Survey Plan 256544;

(c)    Easement number 702503304 benefiting the land over Easement B on Survey Plan 101146 on Lot 4 on Registered Plan 724921;

(d)    Easement in gross number 601097520 burdening the land over Easement A on Registered Plan 727037 on Lot 131 on Survey Plan 136318;

(e)    Easement in gross number 702734108 burdening the land over Easement B on Survey Plan 112757 on Lot 16 on Survey Plan 195520;

(f)    Easement in gross number 601408672 burdening the land over Easement A on Registered Plan 806568 on Lot 60 on Survey Plan 185551 and Lot 61 on Survey Plan 185551;

(g)    Easement in gross number 601422923 burdening the land over Easement A on Registered Plan 813203 on Lot 3 on Survey Plan 255612;

(h)    Easement number 719011846 burdening the land to Lot 3 on Survey Plan 117891 over Easement C on Survey Plan 129630 on Lot 20 on Survey Plan 129630;

(i)    Easement number 719057950 burdening the land to Lot 3 on Survey Plan 117891 over Easement B on Survey Plan 129630 on Lot 19 on Survey Plan 129630;

(j)    Easement number 719266879 burdening the land to Lot 3 on Survey Plan 117891 over Easement A on Survey Plan 177555 on Lot 21 on Survey Plan 244906; and

(k)    Easement number 719266881 burdening the land to Lot 3 on Survey Plan 117891 over Easement D on Survey Plan 136155 on Lot 21 on Survey Plan 244906.

7.    The rights and interests of Mackay Regional Council (Council):

(a)    under its local government jurisdiction and functions under the Local Government Act 2009 (Qld), under the Stock Route Management Act 2002 (Qld) and under any other legislation, for that part of the Determination Area within the area declared to be the Council’s local government area;

(b)    as the:

(i)    lessor under any leases which were validly entered into before the date on which these orders are made and whether separately particularised in these orders or not;

(ii)    grantor of any licences or other rights and interests which were validly granted before the date on which these orders were made and whether separately particularised in these orders or not;

(iii)    holder of any estate or interest in land, and as trustee of any Reserves, that exist in the Determination Area, including as trustee of:

1.    Lot 11 on SP214686;

2.    Lot 564 on SP288934;

3.    Lot 101 on SP178465;

4.    Lot 5 on SP288929;

5.    Lot 199 on CI838605; and

6.    that part of Lot 581 on SP116066 known as Queens Park which is not included in Schedule 5;

(c)    as the owner and operator of infrastructure, and those facilities and other improvements located in the Determination Area validly constructed or established on or before the date on which these orders are made, including but not limited to:

(i)    dedicated roads operated by Council;

(ii)    gravel pits operated by Council;

(iii)    undedicated but constructed roads except for those not operated by Council;

(iv)    water pipelines, water supply infrastructure, levees and flood mitigation infrastructure;

(v)    drainage facilities;

(vi)    cemetery and cemetery-related facilities; and

(vii)    camping and holiday park facilities.

(d)    to enter the land for the purposes described in paragraphs 7(a), 7(b) or 7(c) above by its employees, agents or contractors to:

(i)    exercise any of the rights and interests referred to in this paragraph 7;

(ii)    inspect, maintain and repair the infrastructure, facilities and other improvements referred to in paragraph 7(c) above; and

(iii)    undertake operational activities in its capacity as a local government such as feral animal control, weed control, erosion control, waste management and fire management.

8.    The rights and interests of the Great Barrier Reef Marine Park Authority and any other person existing by reason of the force of operation of:

(a)    the Great Barrier Reef Marine Park Act 1975 (Cth);

(b)    the Great Barrier Reef Marine Park Regulations 2019 (Cth);

(c)    the Great Barrier Reef Marine Park (Declaration of Amalgamated Marine Park Area) Proclamation 2004 (Cth); and

(d)    the Great Barrier Reef Marine Park Zoning Plan 2003 (Cth).

9.    The rights and interests of the Australian Maritime Safety Authority as the owner, manager or operator of aids to navigation pursuant to section 190 of the Navigation Act 2012 (Cth), and in performing the functions of the Authority under section 6(1) of the Australian Maritime Safety Authority Act 1990 (Cth) including to be a national marine safety regulator, to combat pollution in the marine environment and to provide a search and rescue service.

10.    The rights and interests of the State of Queensland and the Mackay Regional Council to access, use, operate, maintain and control the dedicated roads in the Determination Area and the rights and interests of members of the public to use and access the roads.

11.    The rights and interests of the State of Queensland in Reserves, the rights and interests of the trustees of those Reserves and the rights and interests of the persons entitled to access and use those Reserves for the respective purpose for which they are reserved, including the rights and interests of the holders of permits issued by the trustees of the Reserves.

12.    The rights and interests of the State of Queensland or any other person existing by reason of the force and operation of the laws of the State of Queensland, including those existing by reason of the following legislation or any regulation, statutory instrument, declaration, plan, authority, permit, lease or licence made, granted, issued or entered into under that legislation:

(a)    the Fisheries Act 1994 (Qld);

(b)    Land Act 1994 (Qld), including:

(i)    permit to occupy for storage purposes No.240918 over Lot 1 on AP15951 held by Glenn Alfred Breadsell; and

(c)    the Coastal Protection and Management Act 1995 (Qld);

13.    The rights and interests of members of the public arising under the common law, including but not limited to the following:

(a)    any subsisting public right to fish; and

(b)    the public right to navigate.

14.    Any other rights and interests:

(a)    held by the State of Queensland or Commonwealth of Australia; or

(b)    existing by reason of the force and operation of the Laws of the State and the Commonwealth.

Schedule 3 – External Boundary

The area of land and waters:

Commencing at a point on the western boundary of Lot 658 on FTY1807 at Latitude 20.739848° South and extending generally north easterly, generally easterly and south easterly through the following coordinate points.

Then southerly to a point on the North Queensland Region RATSIB boundary at Longitude 149.571218° East; then westerly along that RATSIB boundary to the southeast corner of Lot 1 on RA4204, also being a corner on the southern boundary of the Mackay Regional Council; then westerly and generally south westerly along that Local Government boundary to its intersection with a line joining Longitude 149.251814° East, Latitude 21.751646° South and Longitude 149.226844° East, Latitude 21.725872° South, being a point on the eastern boundary of native title determination QUD380/2008 Barada Barna People (QCD2016/007); then generally north westerly passing through the following coordinate points.

Then north westerly along a line towards Longitude 149.192322° East, Latitude 21.676977° South until its intersection with the south western boundary of the northern severance of Lot 6 on AP19344; then generally northerly along the western boundaries of that lot, Lot 4 on AP19344, Lot 179 on AP19344, Lot 144 on CI3617, southern boundaries of Lot 149 on SP129956 and Lot 10 on SP253071, western boundaries of Lot 5 on AP19344 to the southeast corner of Lot 46 on AP19344; then north easterly to a corner on the eastern boundary of Lot 5 on AP19344 at Latitude 21.613510° South; then generally north easterly, generally south westerly and generally northerly along the eastern boundary of that lot, eastern boundaries of an unnamed road, again Lot 5 on AP19344 to southern boundary of Lot 63 on CI662; then westerly and northerly along southern and western boundaries of that lot and western boundary of Lot 1 on SP230465 to a corner at Latitude 21.501134° South; then generally northerly passing through the following coordinate points.

Then north westerly to the northwest corner of Lot 1 on RP812168; then again north westerly to the southernmost corner of Lot 4 on RP727915; then generally north westerly along the southern boundaries of that lot and Lots 3 and 2 on RP727915 to its southwest corner; then north westerly to a corner on the southern boundary of Lot 6 on RP736971 at Longitude 149.195144° East; then south westerly along that boundary to a corner at Longitude 149.193910° East; then generally southerly and generally westerly passing through the following coordinate points.

Then south westerly to the western boundary of Lot 33 on CI205 at Latitude 21.482076° South; then again south westerly to the eastern boundary of Lot 1 on RP705809 at Latitude 21.483572° South; then southerly, generally northerly and generally south westerly passing through the following coordinate points.

Then south westerly to the northeast corner of Lot 2 on CI2717; then southerly along the eastern boundary of that lot to its southeast corner; then south easterly, generally south westerly and generally north westerly passing through the following points.

Then north westerly to southernmost corner of Lot 1 on SP190057 at approx. Longitude 149.114991° East; then generally easterly along that lot boundary to its south-easternmost corner; then north easterly to the eastern boundary of Lot 4 on SP224851 at Latitude 21.481968° South; then northerly along that lot boundary to its north-eastern corner; then north easterly to the south-easternmost corner of Lot 5 on SP125131; then northerly and generally westerly along the eastern and northern boundaries of that lot to its northernmost corner; then northerly along the western boundary of Lot 3 on RP867599 to the southeast corner of Lot 11 on RP864686; then north westerly to the southwest corner of Lot 7 on SP183085; then generally north westerly passing through Longitude 149.109134° East, Latitude 21.442535° South to the southeast corner of Lot 61 on CI1552; then generally northerly along the eastern boundaries of that lot to the northwest corner of Lot 3 on RP704527; then generally easterly along northern boundaries of that lot to its north-easternmost corner; then easterly to the north eastern corner of the north-eastern severance of Lot 1503 on C124405; then north easterly to a point on the eastern boundary of Lot 56 on CI158 at Latitude 21.420982° South; then north easterly, north westerly and south westerly passing through the following coordinate points.

Then westerly to the easternmost corner of Lot 4 on USL37724; then generally westerly and generally northerly along northern and eastern boundaries of that lot and eastern boundary of Lot 42 on C124709 to its northeast corner; then north westerly to the northwest corner of Lot 2 on RP732723; then north westerly to a point on the western boundary of Lot 2 on SP262645 at Latitude 21.367554° South (being the northwest corner of former Lot 15 on C124583); then north westerly to a corner on the north eastern boundary of Lot 11 on SP238587 at Latitude 21.363975° South; then north easterly and northerly along boundaries of that lot to the northwest corner of Lot 5 on SP170230; then north westerly to the southwest corner of the western severance of Lot 1299 on C124301; then north easterly and generally north westerly along eastern and northern boundaries of Lot 579 on OL257 to its northwest corner; then westerly and southerly passing through Longitude 149.015769° East, Latitude 21.339859° South to the southeast corner of Lot 1 on RP703977; then southerly, westerly, generally northerly and generally westerly along the northern boundaries of Lot 1 on AP19318 to the eastern boundary of Lot 696 on OL264; then generally northerly, generally westerly, generally southerly and westerly along the boundaries of that lot, northern and western boundaries of Lot 20 on CI86 and again northern boundaries of Lot 696 on OL264 to the southwest corner of Lot 1080 on C124334; then northerly to the northeast corner of Lot 69 on C124594; then northerly to the northwest corner of Lot 1020 on C124171; then northeast to the north-easternmost corner of Lot 1 on AP19311; then westerly, southerly and westerly along the northern boundaries of that lot to Longitude 148.950698° East; then southerly to the northeast corner of Lot 746 on C12471; then generally southerly along the eastern boundary of that lot, western boundaries of Lot 696 on OL264, Lot 1 on AP19313, again Lot 696 on OL264 and Lot 866 on FTY1946 to Latitude 21.329561° South; then westerly to the southeast corner of Lot 5 on RP732435; then again westerly along the southern boundaries of that lot and Lot 6 on RP732435 to a point at Longitude 148.934051° East; then generally northerly passing through Longitude 148.930490° East, Latitude 21.319710° South to the southwest corner of Lot 40 on CI3257; then northerly to the southwest corner of Lot 30 on CI3790; then northerly, generally westerly, generally northerly, generally westerly and generally southerly along the northern and eastern boundaries of Lot 1 on AP19319 to a south eastern corner of Lot 2 on SP256762 at approx. Longitude 148.910518° East; then generally south westerly and generally northerly passing through the following coordinate points.

Then north westerly to the north-western corner of Lot 105 on CI4024 (also being a north-eastern corner of Lot 1 on AP19319); then westerly, generally southerly, generally westerly and generally southerly along the northern boundaries of Lot 1 on AP19319, western boundaries of Lot 956 on FTY1941, eastern boundaries of the eastern severance of Lot 29 on C124749, again western boundaries of Lot 956 on FTY1941 and again Lot 1 on AP19319 to Longitude 148.840703° East; then south westerly to northernmost corner of the southern severance of Lot 2 on RP736949; then generally south easterly and generally south westerly along the western bank of Black Waterhole Creek and northern bank of Blacks Creek to the north-easternmost corner of Lot 6 on CI646; then generally westerly along the northern boundary of that lot to Longitude 148.812247° East; then generally north westerly passing through Longitude 148.812271° East, Latitude 21.301876° South to the southwest corner of Lot 143 on CI387; then northerly, generally westerly and generally north westerly along the northeast boundary of Lot 431 on FTY1830 to the northwest corner of Lot 42 on CI444; then north westerly to the southernmost corner of Lot 47 on CI27; then generally north westerly again along the northern boundary of Lot 431 on FTY1830 to the eastern corner of Lot 1 on CP886932; then generally north westerly along the northern boundaries of that lot and onwards to a corner on the eastern boundary of Lot 30 on CP908406 at Latitude 21.183259° South; then northerly to the southernmost corner of Lot 3 on SP282350; then generally north westerly along the southern boundary of that lot and Lot 185 on CI1197 to Lot 2 on CP899741; then generally northerly and generally westerly along the northern boundaries of that lot to a north western corner at Latitude 21.172894° South; then south westerly to an eastern corner of Lot 31 on NPW947 at Longitude 148.596592° East, Latitude 21.175466° South; then generally westerly along the southern boundary of that lot to an unnamed road; then generally westerly along the northern boundaries of that road to the northernmost corner of Lot 3 on RP886942; then generally north westerly passing through Longitude 148.502224° East, Latitude 21.157523° South to the eastern boundary of Eungella Dam Road at Latitude 21.157506° South; then generally north easterly and generally north westerly along eastern and northern boundaries of that road to Lot 2 on SP305817 (Former Lot 2 on HLN149); then easterly and generally northerly along the western boundaries of Lot 31 on NPW947 to the southern boundary of the Mackay-Eungella Road reserve; then north easterly to the southern-most corner of Lot 2 on E57210; then generally north easterly along the western boundaries of the Mackay-Eungella Road reserve to again a western boundary of Lot 31 on NPW947 at Latitude 21.131235°; then generally northerly along the boundaries of that lot to Latitude 21.128111° South; then northerly to the southernmost corner of Lot 88 on HLN129; then north westerly along the southern boundary of that lot and Lot 68 on HLN135 and onwards to a corner on the eastern boundary of Lot 6 on RP801507 at Latitude 21.126400° South; then generally north westerly along the southern boundary of Cummings Street and Schumanns Road (southern severance) to the northernmost corner of Lot 12 on RP898369; then generally north westerly, north easterly and generally south easterly along the boundaries of a severance of Lot 31 on NPW947, Lots 1 and 2 on RP849125 and the northern severance of Lot 68 on HLN135 to again Lot 31 on NPW947; then generally north easterly, generally easterly and generally northerly along northern and western boundaries of Lot 31 on NPW947 to the northernmost corner of Lot 3 on RP741375; then generally northerly along eastern boundaries of Dalrymple Road and an unnamed road (east of Lot 1 on RP741375) to the westernmost corner of Lot 71 on CI920; then south easterly and generally north easterly along the boundaries of Lot 31 on NPW947 to the southern boundary of former Lot 573 on FTY507 at Latitude 21.024989° South; then generally north easterly, southerly, easterly, generally northerly, generally north westerly, westerly, northerly and generally north westerly along eastern boundaries of that former lot, identified by a line passing through the following coordinate points.

Then north westerly to the southern boundary of Lot 658 on FTY1807 at Longitude 148.632824° East; then generally northerly along the southern and western boundaries of that lot to a point at Latitude 20.787390° South; then south westerly to Longitude 148.475052° East, Latitude 20.791251° South and onwards to a point on the Burdekin River catchment area at Latitude 20.791494° South; then generally northerly along that catchment boundary to its intersection with the western boundary of Lot 658 on FTY1807 at Latitude 20.754210° South; then generally north westerly along the western boundary of that lot back to the commencement point.

    This external boundary specifically excludes all land and waters subject to: Determination of native title QUD380/2008 Barada Barna People (QCD2016/007) as determined by the Federal Court on 29 June 2016; and

    Determination of native title QUD372/2006 Widi People of the Nebo Estate #1 (QCD2019/004) as determined by the Federal Court on 31 July 2019.

Note

Data Reference and source

    Application boundary compiled by National Native Title Tribunal based on information or instructions provided by the applicants.

    Local Government Authorities data sourced from Department of Natural Resources, Mines and Energy, Qld (August 2019).

    RATSIB data compiled by NNTT based on reference material sourced from FaHCSIA 2016.

    Cadastre data sourced from of Natural Resources and Mines, Qld (August 2019).

    Rivers/Creeks based on cadastre, otherwise topographic 1:250K vector data © Commonwealth of Australia (Geoscience Australia) 2003.

    Drainage Sub-Basin data supplied by Department of Natural Resources and Mines, (February 2009).

Reference datum

Geographical coordinates have been provided by the NNTT Geospatial Services and are referenced to the Geocentric Datum of Australia 1994 (GDA94), in decimal degrees and are based on the spatial reference data acquired from the various custodians at the time.

Use of Coordinates

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

Prepared by Geospatial Services, National Native Title Tribunal (15 November 2019).

Schedule 4 – Description of Determination Area

The determination area comprises all of the land and waters described in Parts 1, 2, 3 and 4 immediately below, and depicted in the maps in Schedule 6, to the extent those areas are within the External Boundary and not otherwise excluded by the terms of Schedule 5.

Part 1 – Exclusive Areas

All of the land and waters described in the following table and depicted in dark blue on the determination map contained in Schedule 6:

* denotes areas to which section 47B of the Native Title Act 1993 (Cth) applies

^ denotes areas to which s 24KA of the Native Title Act 1993 (Cth) applies

+ denotes areas to which the non-extinguishment principle applies

“Pt” denotes areas that are part areas as a result of the External Boundary

** denotes areas to which the determination will take effect upon the Yuwibara People Interim Indigenous Land Use Agreement being registered on the Register of Indigenous Land Use Agreements

Part 2 – Non-Exclusive Areas

All of the land and waters described in the following table and depicted in light blue on the determination map contained in Schedule 6: