FEDERAL COURT OF AUSTRALIA
Harrington-Smith on behalf of the Darlot Native Title Claim Group v State of Western Australia (No 2) [2022] FCA 764
Table of Corrections | |
In paragraph 28, “generations” has been replaced with “generation”. | |
27 July 2022 | In clause 11(a) to Schedule Six, “clauses 0 and 10” has been replaced with “clauses 9 and 10”. |
27 July 2022 | In clause 11(c) to Schedule Six, “clauses 0 and 10” has been replaced with “clauses 9 and 10”. |
ORDERS
JUNE HARRINGTON-SMITH AND OTHERS ON BEHALF OF THE DARLOT NATIVE TITLE CLAIM GROUP Applicant | ||
AND: | STATE OF WESTERN AUSTRALIA AND OTHERS Respondents |
DATE OF ORDER: |
THE COURT NOTES THAT:
A The Applicant in Federal Court of Australia proceeding WAD 142 of 2018 has made a native title determination application (Darlot Application).
B The Applicant in the Darlot Application, the State of Western Australia and the other Respondents to the Darlot Application (the parties) have reached an agreement as to the terms of the determination that is to be made in relation to the land and waters covered by the Darlot Application (the Determination Area). The external boundaries of the Determination Area are described in Schedule 1 to the Determination which is Attachment A to these Orders.
C Pursuant to s 87 of the Native Title Act 1993 (Cth), the parties filed a Minute of Proposed Consent Determination of Native Title setting out the terms of the agreement reached by the parties in relation to the Darlot Application.
D The terms of the agreement involve the making of a determination pursuant to ss 87 and 94A of the Native Title Act 1993 (Cth) that native title exists in relation to some parts of the land and waters of the Determination Area.
E The terms of the agreement also involve the making of consent orders for a determination pursuant to ss 87 and 94A of the Native Title Act 1993 (Cth) that native title does not exist in relation to some parts of the land and waters of the Determination Area.
F The parties acknowledge that the effect of the making of the Determination is that the members of the native title claim group, in accordance with the traditional laws acknowledged and the traditional customs observed by them, will be recognised as the native title holders for the Determination Area as set out in the Determination.
G. Pursuant to s 87(2) of the Native Title Act 1993 (Cth), the parties have requested that the Court determine the Darlot Application without holding a hearing.
H The Applicant has nominated the Watarra Aboriginal Corporation (ICN 9712) pursuant to s 56(2)(a) of the Native Title Act 1993 (Cth) to hold the determined native title in trust for the native title holders.
I The Watarra Aboriginal Corporation (ICN 9712) has consented in writing to hold the rights and interests comprising the native title in trust for the native title holders.
BEING SATISFIED that a determination of native title in the terms set out in Attachment A to these Orders is within the power of the Court and, it appearing to the Court appropriate to do so pursuant to ss 87 and 94A of the Native Title Act 1993 (Cth) and by the consent of the parties:
THE COURT ORDERS THAT:
1. In relation to the Determination Area, there be a determination of native title in WAD 142 of 2018 in the terms of the Determination as provided for in Attachment A.
2. The Watarra Aboriginal Corporation (ICN 9712) shall hold the determined native title in trust for the native title holders pursuant to s 56(2)(b) of the Native Title Act 1993 (Cth).
3. There be no order as to costs.
Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
ATTACHMENT A
DETERMINATION
THE COURT ORDERS, DECLARES AND DETERMINES THAT:
Existence of native title (section 225 Native Title Act)
1. Subject to paragraph 2, native title exists in the Determination Area in the manner set out in paragraphs 4 and 5 of this determination.
2. Native title does not exist in those parts of the Determination Area set out in Schedule Four.
Native title holders (section 225(a) Native Title Act)
3. The native title in the Determination Area is held by the Native Title Holders as identified in Schedule Seven.
Nature and extent of native title rights and interests and exclusiveness of native title (sections 225(b) and 225(e) Native Title Act)
Exclusive rights and interests
4. Subject to paragraphs 2, 6 and 10, the nature and extent of the native title rights and interests in relation to the Exclusive Area are the right to possession, occupation, use and enjoyment of the Exclusive Area to the exclusion of all others.
Non-exclusive rights and interests
5. Subject to paragraphs 2, 6, 7 and 10, the nature and extent of the native title rights and interests in relation to the Non-Exclusive Area are that they confer non-exclusive rights to:
(a) access, traverse, remain in and move about the area;
(b) camp and erect shelters on the area;
(c) access, use and take for any purpose the resources of the area;
(d) hold meetings, participate in cultural activities and conduct ceremonies;
(e) maintain and protect places of significance on the area; and
(f) receive a portion of any resources (not including minerals or petroleum) taken from the Determination Area by Aboriginal people who are also governed by Western Desert traditional laws and customs.
Qualifications on the native title rights and interests
6. Notwithstanding anything in this determination, the native title rights and interests set out in paragraphs 4 and 5:
(a) are subject to and exercisable in accordance with:
(i) the traditional laws and customs of the Native Title Holders; and
(ii) the laws of the State and the Commonwealth, including the common law;
(b) do not confer exclusive rights in relation to water in any watercourse, wetland or underground water source as is defined in the Rights in Water and Irrigation Act 1914 (WA); and
(c) do not confer any rights in relation to:
(i) minerals as defined in the Mining Act 1904 (WA) (repealed) and in the Mining Act 1978 (WA), except to the extent that ochre is not a mineral pursuant to the Mining Act 1904 (WA);
(ii) petroleum as defined in the Petroleum Act 1936 (WA) (repealed) and in the Petroleum and Geothermal Energy Resources Act 1967 (WA);
(iii) geothermal energy resources and geothermal energy as defined in the Petroleum and Geothermal Energy Resources Act 1967 (WA); or
(iv) water lawfully captured by the holders of the Other Interests pursuant to those Other Interests.
7. The native title rights and interests set out in paragraph 5 do not confer:
(a) possession, occupation, use and enjoyment on the Native Title Holders to the exclusion of all others; or
(b) a right to control the access to, or use of, the Non-Exclusive Area or its resources.
Areas to which ss 47A or 47B of the Native Title Act apply
8. Sections 47A and 47B of the Native Title Act apply to disregard any prior extinguishment in relation to those parts of the Determination Area identified in Schedule Five.
The nature and extent of any other interests
9. The nature and extent of the Other Interests are described in Schedule Six.
Relationship between native title rights and other interests
10. Except as otherwise provided for by law, the relationship between the native title rights and interests described in paragraphs 4 and 5 and the Other Interests is that:
(a) the determination does not affect the validity of those Other Interests;
(b) to the extent that any of the Other Interests are inconsistent with the continued existence, enjoyment or exercise of the native title rights and interests, the native title rights and interests continue to exist in their entirety, but the native title rights and interests have no effect in relation to the Other Interests to the extent of the inconsistency during the currency of the Other Interests; and otherwise,
(c) the existence and exercise of the native title rights and interests do not prevent the doing of any activity required or permitted to be done by or under the Other Interests, and the Other Interests, and the doing of any activity required or permitted to be done by or under the Other Interests, prevail over the native title rights and interests and any exercise of the native title rights and interests but do not extinguish them.
Definitions and Interpretation
11. In this determination, unless the contrary intention appears:
“Determination Area” means the land and waters described in Schedule One and depicted on the maps in Schedule Two;
“Exclusive Area” means those lands and waters of the Determination Area described in Schedule Three (which areas are shaded green on the maps in Schedule Two);
“Native Title Holders” means the people described in Schedule Seven and referred to in paragraph 3;
“Native Title Act” means the Native Title Act 1993 (Cth);
“Non-Exclusive Area” means those lands and waters of the Determination Area which are not Exclusive Areas or described in paragraph 2 as an area where native title does not exist (which areas are shaded yellow on the maps in Schedule Two);
“Other Interests” means the legal or equitable estates or interests and other rights in relation to the Determination Area described in Schedule Six and referred to in paragraph 9;
“resources” means flora, fauna, and other natural resources such as charcoal, stone, soil, sand, clay, gravel, timber, resin and ochre (except, for the avoidance of doubt, ochres for use in the manufacture of porcelain, fine pottery or pigments which are minerals pursuant to the Mining Act 1904 (WA) (repealed));
“Titles Validation Act” means the Titles (Validation) and Native Title (Effect of Past Acts) Act 1995 (WA).
12. In the event of any inconsistency between the written description of an area in Schedule One, Three, Four, Five or Six and the area depicted on the maps in Schedule Two, the written description prevails.
SCHEDULE ONE
DETERMINATION AREA
The Determination Area, generally shown as bordered in blue on the maps in Schedule Two, comprises all land and waters bounded by the following description:
All those lands and waters commencing from the easternmost southeastern corner of Reserve 30897 being a point on the present boundary of Native Title Determination WAD225/2018 Kultju (WCD2019/012) and extending easterly, generally southerly, again easterly, northerly and again easterly along the boundaries of that native title determination to the northernmost northeastern corner of Pastoral Lease N049788 (Melrose); Then southerly, generally westerly, again southerly, easterly and again southerly along the boundaries of that pastoral lease to Latitude 27.761726 South; Then easterly to Latitude 27.764411 South, Longitude 121.586366 East; Then northeasterly to the intersection of an eastern boundary of Lot 42 as shown on Deposited Plan 238049 (Pastoral Lease N050400 (Banjawarn)) with a line joining Latitude 27.764411 South, Longitude 121.586366 East and Latitude 27.516293 South, Longitude 122.136746 East; Then southerly, easterly, again southerly, westerly, again southerly, generally southeasterly and generally westerly along the boundaries of that lot to the easternmost northeastern corner of Lot 43 as shown on Deposited Plan 238402 (Pastoral Lease N049822 (Nambi)); Then southerly along the boundary of that lot to the northernmost northeastern corner of Lot 35 as shown on Deposited Plan 238402 (Pastoral Lease N049822 (Nambi)); Then generally southerly along the boundaries of that lot to its southernmost southeastern corner; Then southwesterly to the intersection of a line joining the southernmost southeastern corner of Lot 35 as shown on Deposited Plan 238402 (Pastoral Lease N049822 (Nambi)) to the northern corner of Lot 21 as shown on Deposited Plan 220928 with a line joining Latitude 28.789849 South, Longitude 121.799120 East and Latitude 28.786713 South, Longitude 121.811331 East; Then generally southwesterly through the following coordinate points:
LATITUDE (SOUTH) | LONGITUDE (EAST) |
28.789849 | 121.799120 |
28.791172 | 121.785761 |
28.793259 | 121.774973 |
28.794869 | 121.765555 |
28.796576 | 121.757450 |
28.798282 | 121.749344 |
28.800085 | 121.742553 |
28.801791 | 121.734447 |
28.804116 | 121.726942 |
28.806393 | 121.718780 |
28.809144 | 121.709248 |
28.811991 | 121.701029 |
28.815458 | 121.693410 |
28.817635 | 121.683932 |
28.820530 | 121.676369 |
28.822804 | 121.668204 |
28.825175 | 121.661354 |
28.828117 | 121.654446 |
28.831059 | 121.647538 |
28.833903 | 121.639316 |
28.837890 | 121.630981 |
28.841827 | 121.621989 |
28.847382 | 121.611512 |
28.852265 | 121.599776 |
28.858340 | 121.588583 |
28.863589 | 121.572348 |
28.870497 | 121.550964 |
Then southwesterly to the easternmost northeastern corner of Lot 93 as shown on Deposited Plan 243239 (Reserve 7521); Then southerly along the boundary of that lot to the intersection with the northern boundary of the northern severance of Lot 1 as shown on Deposited Plan 243239 (Reserve 7521); Then easterly and southerly along the boundaries of that severance to its southeastern corner; Then southerly to the northeastern corner of the southern severance of Lot 1 as shown on Deposited Plan 243239 (Reserve 7521); Then southerly and westerly along the boundaries of that severance to the southernmost southeastern corner of Lot 93 as shown on Deposited Plan 243239 (Reserve 7521); Then generally westerly along the boundary of that lot to the intersection with the eastern boundary of the present Malcolm Townsite boundary; Then southerly along that townsite boundary to the northernmost northeastern corner of the easternmost severance of Lot 92 as shown on Deposited Plan 243239 (Reserve 7521); Then southerly, easterly and southwesterly along the boundaries of that severance to its southwestern corner; Then west to a western boundary of the Menzies-Leonora Railway being a point on the present boundary Reserve 7521; Then southwesterly and westerly along the boundaries of that reserve to the intersection with an eastern boundary of Reserve 10096; Then southerly and westerly along the boundaries of that reserve to its southwestern corner; Then southeasterly and northwesterly through the following coordinate points:
LATITUDE (SOUTH) (SOUth(SOUTH) | LONGITUDE (EAST) |
29.003734 | 121.500580 |
28.982724 | 121.386055 |
Then northwesterly to the intersection of the centreline of the Goldfields Highway with Latitude 28.979523 South; Then generally southerly and generally southwesterly along the centreline of that highway to the intersection with the northern boundary of the eastern severance of the Menzies Townsite boundary; Then westerly, southerly, southeasterly, generally southwesterly, generally southeasterly and generally northeasterly along that townsite boundary to the intersection with the centreline of the Goldfields Highway at approximate Latitude 29.703175 South; Then generally southeasterly along the centreline of that highway to the intersection with a line joining Latitude 29.748470 South, Longitude 121.194443 East and Latitude 29.749000 South, Longitude 121.055613 East; Then westerly to Latitude 29.749000 South, Longitude 121.055613 East; Then westerly to the intersection of Longitude 121.044594 East with a line joining Latitude 29.757126 South, Longitude 120.634704 East and Latitude 29.749000 South, Longitude 121.055613 East; Then northwesterly to the southernmost corner of western severance of the Menzies Townsite boundary; Then northwesterly along that townsite boundary to its westernmost corner; Then northwesterly to the intersection of a southern boundary of Dedicated Road No. 1100 (Evanston-Menzies Road) with Longitude 121.012125 East; Then southwesterly along the southern boundary of that dedicated road to the intersection with the prolongation southerly of the western boundary of Lot 45 as shown on Deposited Plan 220928 (Pastoral Lease N050241 (Melita)); Then northerly along that prolongation and the western boundary of that lot to the southwestern corner of Lot 51 as shown on Deposited Plan 220520 (Pastoral Lease N050635 (Sturt Meadows)); Then northerly along the boundary of that lot to the southernmost southwestern corner of Lot 61 as shown on Deposited Plan 220520 (Pastoral Lease N050635 (Sturt Meadows)); Then northerly, westerly and again northerly along the boundaries of that lot to its northernmost northwestern corner; Then northwesterly to the southernmost southwestern corner of the southwestern severance of Pastoral Lease N049440 (Weebo); Then northerly, generally westerly and again northerly along the boundaries of that severance to the westernmost southwestern corner of Lot 176 as shown on Deposited Plan 36232 (Reserve 9699); Then northerly along the boundary of that lot to the intersection with a western boundary of Pastoral Lease N049440 (Weebo); Then northerly, easterly and again northerly along the boundaries of that pastoral lease to Latitude 28.079015 South; Then northeasterly through the following coordinate points:
LATITUDE (SOUTH) | LONGITUDE (EAST) |
28.043090 | 120.856286 |
28.027811 | 120.881008 |
28.006950 | 120.925175 |
28.004532 | 120.938648 |
28.003504 | 120.952592 |
27.999948 | 120.968397 |
27.998672 | 120.983311 |
Then westerly to the intersection of an eastern boundary of Pastoral Lease N049438 (Leinster Downs) with Latitude 27.998672 South being a point on the present boundary of Native Title Determination WAD228/2011 Tjiwarl (WCD2017/001); Then generally northerly and easterly along the boundaries of that native title determination back to the commencement point.
Note: Geographic Coordinates provided in Decimal Degrees.
All referenced Deposited Plans and Diagrams are held by the Western Australian Land Information Authority, trading as Landgate.
Cadastral boundaries sourced from Landgate’s Spatial Cadastral Database dated 1st November 2021.
Goldfields Highway Centreline sourced from Landgate’s Road Centreline dataset.
For the avoidance of doubt the determination excludes any land and waters subject to:
Native Title Determination Application WAD225/2018 Kultju (WCD2019/012) as Determined in the Federal Court on the 30/10/2019.
Native Title Determination Application WAD228/2011 Tjiwarl (WCD2017/001) as Determined in the Federal Court on the 27/04/2017.
Native Title Determination Application WAD597/2018 Tjalkadjara (WC2018/025) as filed in Federal Court on the 17/12/2018.
Native Title Determination Application WAD91/2019 Nyalpa Pirniku (WC2019/002) as accepted for registration on the 15/05/2019.
Native Title Determination Application WAD186/2017 Maduwongga (WC2017/001) as accepted for registration on the 03/08/2017.
Datum: Geocentric Datum of Australia 2020 (GDA2020)
Prepared By: Graphic Services (Landgate) 15th December 2021
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.
SCHEDULE TWO
MAPS OF THE DETERMINATION AREA
SCHEDULE THREE
EXCLUSIVE AREAS
Areas where native title comprises the rights set out in paragraph 4
Native title comprises the rights and interests set out in paragraph 4 of the determination in relation to the following areas (which are shaded green on the maps in Schedule Two):
1. Areas where s 47A of the NTA applies:
Interest | Description / Purpose |
Reserve 10575 | Use and Benefit of Aboriginal People and Cultural Heritage Protection |
Reserve 11119 | Use and Benefit of Aboriginal Inhabitants |
Reserve 24481 | Use and Benefit of Aboriginal Inhabitants |
Reserve 30127 | Native Housing |
Reserve 30896 | Use and Benefit of Aborigines |
Reserve 34913 | Aborigines Community Centre and Short Stay Accommodation |
Reserve 35509 | Use and Benefit of Aboriginal Inhabitants |
Reserve 41510 | Use and Benefit of Aboriginal Inhabitants |
2. Areas where s 47B of the NTA applies:
Description | Exclusions | |
UCL 0082 | That portion of UCL 0082 (Lake Ballard) that falls within the Determination Area | |
UCL 0103 | 10 Mile Outcamp | |
UCL 1244 | UCL between Menzies and Lake Ballard | |
UCL 0043, UCL 0067- UCL0074, UCL 0083, UCL 0105, UCL 0696- UCL 0882, UCL 1144- UCL1146, UCL 1179, UCL 1189 | UCL in and around the Historic Townsite of Malcolm | Part covered by mining lease M37/1164 as at 10 April 2018 |
UCL 1141 | UCL east of Reserve 11119 in the town of Leonora |
SCHEDULE FOUR
AREAS WHERE NATIVE TITLE DOES NOT EXIST
Paragraph 2
Native title does not exist in relation to land and waters the subject of the following interests within the Determination Area which, with the exception of public works (as described in clause 8 of this Schedule), are generally shaded in pink on the maps in Schedule Two.
For the avoidance of doubt, unless otherwise specified, the following interests are as contained in the MapInfo Tenure Information prepared by the Western Australian Land Information Authority dated 21 January 2021.
1. Freeholds
The following grants of estates in fee simple:
Current Freehold
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CT0274600557 |
CT0274600564 |
CT0274800767 |
CT0275800271 |
CT0275800272 |
CT0277300648 |
CT0277300649 |
CT0277400059 |
CT0277400060 |
CT0277400061 |
CT0277400062 |
CT0277400063 |
CT0277400064 |
CT0277400065 |
CT0277400066 |
CT0277400067 |
CT0277400068 |
CT0277400069 |
CT0277400070 |
CT0277400071 |
CT0277400072 |
CT0279400173 |
CT0281200328 |
CT0283700584 |
CT0286300899 |
CT0288400788 |
CT0291800983 |
S032298 |
S032461 |
S053320 |
Historical Freehold
Certificate of Title |
CT0011900122 |
CT0011900124 |
CT0011900125 |
CT0011900126 |
CT0011900194 |
CT0011900197 |
CT0012100086 |
CT0012100087 |
CT0012100102 |
CT0012100103 |
CT0012100104 |
CT0012100105 |
CT0012100106 |
CT0012100107 |
CT0012100108 |
CT0012100109 |
CT0012100110 |
CT0012100111 |
CT0012100112 |
CT0012100113 |
CT0012100114 |
CT0012100119 |
CT0012200153 |
CT0012200154 |
CT0012200163 |
CT0012300194 |
CT0012300195 |
CT0012400189 |
CT0012400190 |
CT0012500081 |
CT0012700036 |
CT0012700049 |
CT0012700088 |
CT0012700100 |
CT0012700160 |
CT0012700161 |
CT0016700041 |
CT0016700136 |
CT0016700179 |
CT0017000038 |
CT0017300099 |
CT0017600115 |
CT0017600156 |
CT0017900063 |
CT0018200002 – subject to current lease K087989 |
CT0018200003 |
CT0018200040 |
CT0018200095 |
CT0018200120 |
CT0018200146 |
CT0018200189 |
CT0018600062 |
CT0018600063 |
CT0018600123 |
CT0018600154 |
CT0019200110 |
CT0019200142 |
CT0019600124 |
CT0019600175 |
CT0019600176 |
CT0019600191 |
CT0019900192 |
CT0020300180 |
CT0020300184 |
CT0020300193 |
CT0020600005 |
CT0020700195 |
CT0020800106 |
CT0020800127 |
CT0020800128 |
CT0020800129 |
CT0020800130 |
CT0020900094 |
CT0020900095 |
CT0020900096 |
CT0020900097 |
CT0021000065 |
CT0021000066 |
CT0021000067 |
CT0021000068 |
CT0021000069 |
CT0021000070 |
CT0021000071 |
CT0021300120 |
CT0021300129 |
CT0021400102 |
CT0021400103 |
CT0021400104 |
CT0021400105 |
CT0021500025 |
CT0021500026 |
CT0021600002 |
CT0021600003 |
CT0021600004 |
CT0022200108 |
CT0022200109 |
CT0022200110 |
CT0022200111 |
CT0022300010 |
CT0022300123 |
CT0022300124 |
CT0022600043 |
CT0022700019 |
CT0022800027 |
CT0022900059 |
CT0023100064 |
CT0023100065 |
CT0023100108 |
CT0023300188 |
CT0023400166 |
CT0023600027 |
CT0023800035 |
CT0023900068 |
CT0024000195 |
CT0024000196 |
CT0024000197 |
CT0024100097 |
CT0024100098 |
CT0024300130 |
CT0024600026 |
CT0024600027 |
CT0024800055 |
CT0024800056 |
CT0024900001 |
CT0024900002 |
CT0025200079 |
CT0025200080 |
CT0025200147 |
CT0025300155 |
CT0025500116 |
CT0025600033 |
CT0025700151 |
CT0025800065 |
CT0025800066 |
CT0025800067 |
CT0026000158 |
CT0026200100 |
CT0026200101 |
CT0026300002 |
CT0026300182 |
CT0026300183 |
CT0026300191 |
CT0026600091 |
CT0026600168 |
CT0026700145 |
CT0026800031 |
CT0026900084 |
CT0026900086 |
CT0026900087 |
CT0027000029 |
CT0028100141 |
CT0028900117 |
CT0028900118 |
CT0028900119 |
CT0029000012 |
CT0029700150 |
CT0299199199 |
CT0031700174 |
CT0032800032 |
CT0034400174 |
CT0034900051 |
CT0036300004 |
CT0036400114 |
CT0037200148 |
CT0039200178 |
CT0039200179 |
CT0040300125 |
CT0040500126 |
CT0040500139 |
CT0041200170 |
CT0041600163 |
CT0041700137 |
CT0041800035 |
CT0041800036 |
CT0042100089 |
CT0042100093 |
CT0042100164 |
CT0042300034 |
CT0042400126 |
CT0042700148 |
CT0043500005 |
CT0043700097 |
CT0043800044 |
CT0043900141 |
CT0043900144 |
CT0043900155 |
CT0044100137 |
CT0044500162 |
CT0045500005 |
CT0045600084 |
CT0046000037 |
CT0046600036 |
CT0047800028 |
CT0047800029 |
CT0048800084 |
CT0049700129 |
CT0050000086 |
CT0050600035 |
CT0050700058 |
CT0051400015 |
CT0051800011 |
CT0052200140 |
CT0054400137 |
CT0061400036 |
CT0064600142 |
CT0068100024 |
CT0068700099 |
CT0069100066 |
CT0091500178 |
CT0110500936 |
CT0123800942 |
CT0129600663 |
CT0135700303 |
CT0136200070 |
CT0270800445 |
CT0270800446 |
CT0270800447 |
CT0270800448 |
CT0299100199 |
GT0001700357 |
SR0000100691 |
2. Reserves
The following reserves:
Reserve No. | Current / Last Purpose |
3383 | Water |
3384 | Water |
4378 (Cancelled) | Recreation |
4619 | Water |
4944 | Recreation |
4989 | Mechanics Institute |
5213 | Water |
6504 | Water |
6721 | School Education Act 1999 |
6784 | Explosives |
7030 | Water |
7059 | Water Act 57 Vic No 20 |
7112 | Water Act 57 Vic No 20 |
7224 (Cancelled) | Common |
7524 | Hospital and Allied Station |
7564 | Water Act 57 Vic No 20 |
7746 (Cancelled) | Fire Brigade Station |
7794 (Cancelled) | Rifle Range |
8193 (Cancelled) | Water and Municipal |
8328 (Cancelled) | Water |
8723 (Cancelled) | Rifle Range Gwalia Rifle Club |
8946 | Recreation and Water |
9127 (Cancelled) | Explosives |
9681 | Water |
10026 | Preservation of Historic Buildings |
10219 (Cancelled) | Rubbish Depot |
10245 (Cancelled) | Camping Ground for Asiatics |
10867 | Water Supply |
11267 | Water Supply |
11723 | State Battery |
11578 (Cancelled) | Municipal Tramways |
12087 (Cancelled) | Literary Institute |
16684 (Cancelled) | Sanitary Site |
17140 | Water |
17302 | Water |
17658 (Cancelled) | Resting Place for Travellers and Stock |
17899 | Water and Camping |
19701 (Cancelled) | Recreation |
20018 (Cancelled) | Government Requirements |
20476 | Common |
21268 (Cancelled) | Water |
21301 (Cancelled) | Recreation Hockey |
21536 (Cancelled) | Recreation |
22194 | Explosives |
23114 (Cancelled) | Children's playground |
23752 | Racecourse |
23925 (Cancelled) | Public Utility |
23926 (Cancelled) | Public Utility |
24145 | Mineral Processing |
25444 (Cancelled) | Recreation Golf Club House and Tennis Courts |
25802 | Preservation of Historic Buildings |
25852 | Recreation |
25897 | Native Housing |
28602 (Cancelled) | Caravan Park |
28826 | Use and Requirement of Shire of Leonora |
30726 | Housing Native Welfare Department |
31025 | Water Supply |
31803 (Cancelled) | Police |
31222 | For the Purpose of the School Education Act 1999 |
31803 | Police |
32544 | Recreation Gun Club |
32799 | Water Supply Depot |
33509 (Cancelled) | Recreation |
33510 | Drainage |
33934 | Community Health Services |
34102 (Cancelled) | Power Station Site |
35047 | Preservation of Historical Buildings |
35852 | Recreation and Drainage – part extinguished other than portion covered by Leonora Golf Course |
36313 | Water Supply |
36034 | Railway Purposes |
36509 | Telecommunications Microwave and Broadcast Services Site |
37087 | Mineral Processing |
37672 (Cancelled) | Tourist Centre |
37961 | Depot Site |
38394 | Quarry Main Roads Department |
38422 | Depot Site Main Roads Department |
38442 | Water Supply |
38928 | Water Supply |
38978 | Depot Site |
39005 | Telecommunications |
39607 | Drainage |
40502 (Cancelled) | Sanitary Site – part extinguished other than portion now UCL 1174 |
41577 | Sewage Pumping Station |
41609 | Rubbish Disposal Site |
41895 | Ambulance Depot |
41956 | Sewage Treatment Plant |
42061 | Recreation |
42233 | Tourist Information Bay |
42235 | Public Utilities Services |
42310 | Repeater Station Site |
42827 | Waste Water Treatment Plant |
42840 | Repeater Station Site |
44116 | Repeater Station Site |
44262 | Parking |
44500 | Public Utility Services |
44630 | Health (Multi-Purpose Health Centre) |
45374 | Drainage and Public Utility |
46874 | Recreation |
47335 (Cancelled) | Use and Requirements of the Shire of Leonora |
47340 | Rifle Range |
51016 | Public Recreation |
51017 | Public Recreation |
3. Leases
The following leases:
Lease No. | Current / Last Purpose |
General Leases | |
GE H266487 | Light Industry |
GE H745671 | Single Men's Quarters |
GE H755165 | Office and Employee Accommodation |
GE H838382 | Single Persons Quarters |
GE H859922 | Residence |
GE I115133 | Truck Parking |
GE I126341 | Grazing |
GE I126366 | Residence and Cultivation and Grazing |
GE I126873 | Grazing |
GE I126880 | Residence, Grazing and Uses Ancillary to the Mining Industry |
GE I131296 | Temporary Staff Quarters |
GE I131318 | Staff Quarters |
GE I134837 | Residence |
GE I135162 | Light Industry |
GE I154262 | Single Men's Quarters |
GE I258343 | Grazing |
GE I478683 | |
GE I595862 | |
GE I774197 | Single Men's Quarters |
Leases | |
1125/41A | Grazing |
1256/41A | Pastoral Purposes |
0392/42 | Hall Site |
0503/42 | Rifle Range |
332/1015 | Grazing – subject to current lease N477321 |
332/1219 | State Hotel |
332/1232 | Grazing |
332/1284 | Pastoral Purposes |
332/1697 | Grazing |
332/1698 | Grazing |
332/1724 | Grazing - subject to current lease N622312 |
332/1771 | Grazing |
332/1802 | Grazing - subject to current lease N199620 |
332/1910 | Grazing |
332/2009 | Grazing – subject to current lease M106297 |
332/2152 | Grazing |
332/2170 | Grazing – subject to current reserve lease N434164 |
333/0443 | Hotel |
333/0570 | Race Course |
GE I126330 | See lease 332/1771 above |
GE I135159 | See lease 332/2170 above |
GE I150603 | See lease 332/2152 above |
GE K410680 | Relates to current lease M106297 still being reviewed |
GE N104719 | |
GE N147663 | |
Leases of a Town or a Suburban Lot | |
3117/0410 | |
3117/0411 | |
3117/0676 | |
3117/0804 | |
3117/0805 | |
3117/0952 | Subject to current lease J864438 |
3117/1382 | |
3117/1384 | Subject to current lease O152872 |
3117/2084 | |
3117/2140 | |
3117/2259 | |
3117/2294 | |
3117/2443 | |
3117/2474 | |
3117/2532 | |
3117/2533 | |
3117/2534 | |
3117/2581 | |
3117/2633 | |
3117/2634 | |
3117/2657 | |
3117/2680 | |
3117/2681 | |
3117/2739 | |
3117/2776 | Subject to current lease N105296 |
3117/2777 | |
3117/2822 | Subject to current lease N641043 |
3117/2886 | |
3117/2887 | |
3117/2995 | |
3117/2996 | |
3117/3203 | |
3117/3204 | Subject to current lease N105607 |
3117/3294 | |
3117/3295 | |
3117/3296 | |
3117/3297 | |
3117/3298 | |
3117/3312 | |
3117/3321 | |
3117/3341 | |
3117/3384 | |
1301/153 | |
1302/153 | |
1635/153 | |
1643/153 | |
1648/153 | |
2253/153 | |
2264/153 | |
2320/153 | |
2355/153 | |
2463/153 | |
2464/153 | Subject to current lease N104090 |
2570/153 | |
2832/153 | |
2902/153 | |
2922/153 | |
2947/153 | |
2964/153 | |
2971/153 | |
3067/153 | |
3119/153 | |
3319/153 | |
3402/153 | |
3647/153 | |
3843/153 | |
3888/153 | |
4421/153 | |
5034/153 | |
5044/153 | |
5067/153 | Subject to current lease O152874 |
5293/153 | |
5334/153 | |
5375/153 | |
5402/153 | |
5554/153 | |
5763/153 | |
5845/153 | |
5986/153 | |
6012/153 | |
6119/153 | |
6120/153 | |
6224/153 | |
6225/153 | |
6226/153 | Subject to current lease I600530 |
6298/153 | Subject to current lease N105475 |
6299/153 | |
6301/153 | |
6302/153 | |
6303/153 | |
6304/153 | |
6305/153 | |
6307/153 | |
6310/153 | |
6313/153 | |
6315/153 | |
6316/153 | |
6318/153 | |
6319/153 | |
6320/153 | |
6321/153 | |
6322/153 | |
6323/153 | |
6326/153 | |
6327/153 | Subject to current lease N313605 |
6329/153 | |
6336/153 | |
6337/153 | |
6338/153 | |
6339/153 | |
6340/153 | |
6342/153 | |
6351/153 | |
6352/153 | |
6353/153 | |
6368/153 | |
6369/153 | Subject to current lease N105482 |
6370/153 | |
6384/153 | |
6393/153 | |
6408/153 | |
6419/153 | |
6438/153 | Subject to current Lease M633241 |
6460/153 | |
6462/153 | |
6465/153 | |
6569/153 | |
6594/153 | |
6600/153 | |
6602/153 | |
6603/153 | |
6604/153 | |
6726/153 | |
6771/153 | |
Residential Areas | |
21/3015 | |
21/3016 | |
21/3017 | |
21/3018 | |
21/3019 | |
21/3021 | |
21/3025 | |
21/3027 | |
21/3140 | |
21/3344 | |
21/3345 | |
21/3346 | |
21/3347 | |
21/3348 | |
21/3350 | |
21/3351 | |
21/3352 | |
21/3353 | |
21/3354 | |
21/3355 | |
21/3356 | |
21/3357 | |
21/3358 | |
21/3359 | |
21/3360 | |
21/3361 | |
21/3362 | |
21/3363 | |
21/3364 | |
21/3365 | |
21/3437 | |
21/3518 | |
21/4070 | |
21/4071 | |
21/4117 | |
21/4127 | |
21/4181 | |
21/4195 | |
21/4248 | |
21/4276 | |
21/4294 | |
21/4298 | |
21/4390 | |
21/4392 | |
21/4410 | |
21/4465 | |
21/4563 | |
Residential Leases | |
0001/22 | |
0412/22 | |
0418/22 | |
0431/22 | |
0525/22 | |
0596/22 | |
Special Leases | |
0539/152 | Explosives Magazine Site |
1374/152 | Residence |
3116/00558 | Residence |
3116/01179 | Residence |
3116/02460 | Business Purposes |
3116/02660 | Site for a Drive-in-Theatre |
3116/02764 | A Site for a Store |
3116/03152 | Grazing |
3116/04497 | Office and Employee Accommodation |
3116/04645 | Residence |
3116/04649 | Vehicle Parking and Storage |
3116/04703 | Residence |
3116/04704 | Business and Residence – subject to current lease M846238 |
3116/04705 | Business and Residence |
3116/06641 | Residence |
3116/07606 | Townsite |
3116/07607 | Air Strip |
3116/07763 | Office and Employee Accommodation – subject to current lease L247876 |
3116/07868 | Business and Residence (Leonora Lot 936) |
3116/07886 | Business and Residence (Leonora Lot 1128) – subject to Reserve 46751 |
3116/07892 | Residence – subject to current lease N565175 |
3116/07957 | Residence |
3116/07964 | Residence |
3116/08431 | Grazing – subject to current lease M190035 |
3116/08695 | Single Men's Quarters |
3116/08801 | Parking of Machinery – subject to current lease K810873 |
3116/08836 | Light Industry – subject to current lease J500183 |
3116/09019 | Single Persons Quarters – subject to current lease L247868 |
3116/09138 | Light Industry – subject to current lease K035921 |
3116/09141 | Light Industry – subject to current lease J536931 |
3116/09496 | Temporary Staff Quarters |
3116/09497 | Staff Quarters – subject to current lease K366467 |
3116/09615 | Temporary Staff Quarters – subject to current lease K366461 |
3116/09645 | Single Men's Quarters – subject to current lease N539083 |
3116/10053 | Garden Area – subject to current lease K818935 |
3116/10128 | Single Men's Quarters |
3116/10323 | Light Industry |
3116/10350 | Use and Benefit of Aboriginal Inhabitants – subject to current lease I126343 |
3116/10360 | Single Persons Quarters |
3116/10360 | Single Persons Quarters |
3116/10417 | Residence and Cultivation and Grazing - subject to current lease L565568 |
3116/10531 | Office and Employee Accommodation |
3116/10543 | Market Garden – subject to current lease N253521 |
3116/10567 | Business and Residence (Leonora Lot 1127) – subject to current Reserve 46751 |
3116/10609 | Truck Depot – subject to current lease L779537 |
3116/10612 | Residence, Grazing and Uses Ancillary to the Mining Industry – subject to current lease I126880 |
3116/10680 | Truck Parking |
3116/10810 | Grazing - Subject to current lease M290469 |
3116/11225 | Single Men's Quarters – subject to current lease L247869 |
3116/11604 | Light Industry - Subject to current lease I134640 |
3116/11605 | Light Industry – subject to current lease I134645 |
4. Roads
The following dedicated roads, roads set aside, taken or resumed or roads which are to be considered public works (as that expression is defined in the Native Title Act and the Titles Validation Act):
MapInfo ID. | Description | Shown on1 |
Road 2 | Roads within Reserve 41510 Leonora | DP218179 |
Road 3 | Yundagga Historical Townsite Roads | CPP505373 |
Road 4 | Darlot Road to Woodarra Historical Townsite | DP243053_2 |
Road 5 | Portion of Trump Street Leonora (now closed) | DP222750 |
Road 6 | Gwalia Street and lane between Gwalia Street and Tower Street Leonora | DP120071 |
Road 7 | Leonora-Mt Ida Road entering Leonora | DP217783 |
Road 8 | Malcolm Townsite Roads | CPP504661 |
Road 9 | Leonora to Mt Ida Road through Sturt Meadows and Clover Downs | DP243244 |
Road 10 | Northern end of Gwalia, Hoover and Queen Victoria Street in Leonora | DP222760 |
Road 11 | Road Widening - Tower Street - Leonora | DP211433 |
Road 12 | Braemore Road | DP217480 |
Road 13 | Road no. 1899 from Burt Street Mertondale to Gem Street Malcolm | GG07101904p2592 |
Road 14 | Road No. 1318 from Malcolm to Yundamindera (small part of road east of Malcolm Townsite) | GG07111902p4248 |
Road 15 | Road No. 912 extending south from Malcolm townsite | GG20101899p3419 |
Road 16 | Closed portion of Otterburn Street near intersection with Forrest Street and lane between Otterburn and Tower Street, Leonora | DP185800 |
Road 17 | Road No. 947 – Menzies-Leonora Road | GG24051968p1554 |
Road 18 | Tower Street Leonora to Lots 932, 933, 934 and 935 | DP213525 |
Road 19 | Road No. 9210 – road linking Kane Street and Station Street, Leonora | GG28071933p1108 |
Road 20 | Portion of Tower Street, Otterburn Street and Breen Street, St Leonora | DP162411 |
Road 21 | Portion of Otterburn Street and lane between Otterburn and Tower Street | DP160649 |
Road 22 | Grid Tower, Gwalia and Hoover Streets intersected by Barton, Coronation and Atwater Streets in Leonora | DP222754 |
Road 23 | Portion of King Edward Street and Queen Victoria Street in Leonora | DP106056 |
Road 24 | Portion of Railway Street, Ferry Street and Otterburn Street and eastern portion of Coronation Street Leonora | Leonora_Sheet_4. |
Road 25 | Western portion of Snell, Federation and Barton Street Leonora intersecting Tower Street in Leonora | DP222753 |
Road 26 | Eastern portion of Snell, Federation and Barton streets intersecting King Edward Street in Leonora | DP222751 |
Road 27 | Road widening of Leonora to Mt Ida Road | DP219606 |
Road 28 | Wonganoo Road from Woodarra Historical Townsite | DP243053 |
Road 29 | Road widening of Menzies-Leonora Road along western [portion of Reserve 42061 | DP190413 |
Road 30 | Northern portion of Court Street Leonora | Leonora_Sheet_2 |
Road 31 | Southern portion of Court Street all of Semken Street and portions of Hall and Otterburn Street in Leonora | DP222758 |
Road 32 | Northern portion of Otterburn Street and laneway between Otterbburn and Tower Street | DP135090 |
Road 33 | Leonora Road ex lots 884 and 894 | DP185770 |
Road 34 | Western end of Sadie Canning Drive in Leonora | Leonora_Sheet_3 |
Road 35 | Portion of Kurrajong Street in Leonora intersection Rajah and Rochester Streets | CF43_2_18.04 |
Road 36 | Westward extension of Rajah Street in Leonora | DP127069 |
Road 37 | Portion of Avard, Cohen and Liverman Streets and laneways between in Leonora | DP222759 |
Road 38 | Bell Court, Fitzgerald Drive, Cleland Court and Walton Street in Leonora | DP217715 |
Road 39 | Portion of Stuart Street and laneway between Stuart Street and Rochester Street also northern portion of Hall Street and northern portion of Tower Street | DP211971 |
Road 40 | Western portion of Rochester Street | DP175640 |
Road 41 | Eastern portion of Rochester Street | DP222752 |
Road 42 | Excision of Lot 991 on Rochester Street | DP186323 |
Road 43 | Road No. 16313 between Reserve 31025 and Reserve 10867 in Leonora | GG21121979p3933 |
Road 44 | Woodarra Historical Townsite Roads | CPP505298 |
Road 45 | Road No. 18601 – northern portion of King Street in Woodarra Histroical Townsite | GG26101993p5822 |
Road 46 | Road No. 1444 – Leonora to Kurrajong Road (Leonora – Wiluna Road) | GG07111902p4248_2 |
Road 47 | Historical Townsite of Kurrajong Roads | DP222733 |
Road 48 | Road No. 949 - Niagara to Menzies Road | GG27101899p3515 |
Road 49 | Mertondale Historical Townsite Roads | CPP504725 |
Road 50 | Road No. 1316 – Leonora to Mertondale Road | GG24011903p337 |
Road 51 | Road No. 1100 – Portion of Menzies to Mulline Road | GG31081900p3193 |
Road 52 | Portion of Tower Street and adjacent right of ways bounded by Avard Street to South and Rochester street to north in Leonora | DP127007 |
Road 53 | Rights of way between Liverman Street and Cohen Street in Leonora | DP135089 |
Road 55 | Road No 947 – Road widening within Melita Station between Menzies and Leonora | GG08041971p1111 |
Road 56 | Road No. 10041- Mt Morgans to Mertondale Pastoral Lease Road | GG19041940p562 |
Road 57 | Road No. 2952 – Menzies to Lake Ballard Road | GG13031908p765 |
Road 67 | Road No. 1049 – Portion of Menzies to Wangine Soak Road | GG11051900p1605 |
Road 68 | Road No. 1444 – Leonora to Kurrajong townsite realignment | DP104822 |
Road 69 | Portion of Yundagga Historical Townsite to Menzies Road | DP35571 |
Road 70 | Eastern portion of Sadie Canning Drive in Leonora | DP185463 |
Road 71 | Battery Place in Leonora | DP63278 |
Road 72 | Road widenings Kurrajong Street in Leonora | DP63278 |
Road 73 | Cayzer Street in Leonora | DP63277 |
Road 75 | Portion of Leonora to Wiluna Road intersected by G.G.T Pipeline | DP217664 |
Road 110 | Road Kurrajong Street Leonora – Taking Order I621535 – Lot 1353 on Deposited Plan 30929 | DP30929 |
Road 113 | Road No. 15587 – small portion of road extending north east from Malcolm townsite before exiting claim area | GG21011977p106 |
Road 114 | Road No. 947 deviation of part | GG31101924p2037_2 |
Road 115 | Road No. 947 – Menzies to Leonora | GG27101899p3516 |
Road 116 | Road No. 16191(Old Laverton Road) Leonora to Malcolm | GG30031979p881 |
Road 117 | Road No. 976 – (Old Laverton Road) Leonora to Malcolm | GG19011900p192 |
Road 118 | Leonora – Nambi Road | DP216265 |
Road 119 | Road No. 16314 - Resumption of portion of Reserve 31025 in Leonora | GG21121979p3933_2 |
Road 120 | Widening of Road 1444 | GG21121979p3933_3 |
Road 121 | Memorial Drive Leonora | DP219408 |
Road 122 | Yundagga to Menzies Road | DP217649 2 |
Road 124 | Resurvey Lot 119 corner of Rochester and Otterburn Street, Leonora | DP187466 |
Road 125 | Resurvey Lot 73 corner of Rajah and Otterburn Street, Leonora | DP187465 |
Road 126 | Portion of Forrest Street Lots 946-953 and resurvey of Lot 950, Leonora | DP212116 |
Road 127 | Resurvey of Lot 724 corner of Rochester and Tower Street, Leonora | DP175022 |
Road 128 | Resurvey of Lot 91 corner of Rajah and Otterburn Street, Leonora | DP180534 |
Road 129 | Road widening Kurrajong Street ex lots 1105 and 1106, Leonora | DP189778 |
Road 130 | Road No. 14699 (Gwalia Street extension) resumption of part Lot 56, Leonora | GG14091972p3455 |
Road 131 | Road Truncation – Bell Court - Resumption of portion of Lot 759, Leonora | GG19101993p5759 |
Road 132 | Widening Tower Street - resumption of part Lot 997, Leonora | DP186578 |
Road 133 | Resumption of part Lot 462 – corner Queen Street and Rochester Street, Leonora | DP175895 |
Road 134 | Road No. 15473 (Hall Street) – resumption of reserve 6723 and 3279, Leonora | GG24101975p3960 |
Road 135 | Resumption of part lot 83 corner of Hall Street and Rajah Street, Leonora | DP181801 |
Road 136 | Resumption of part lot 1123 corner of Hall Street and Rajah Street, Leonora | DP188617 |
Road 137 | Widening of Steel Street, Leonora | DP189900 |
Road 138 | Resumption of part lot 956 corner of Tower Street, Leonora | DP181312 |
Road 139 | Grid of streets bounded in North by Loring Street and South by Kane Street including southern end of Manning, Tower and Gwalia Streets | DP222756 |
Road 140 | Portion of Tower Street, Ferry Street and Johnston Street, Leonora | DP144234 |
Road 141 | Laneway between Station and Manning Streets, Leonora | DP159355 |
Road 142 | Right of way between Hall Street and Otterburn Street, Leonora | DP186849 |
Road 143 | Resumption of part of Lot 48 corner of Rajah and Otterburn Streets, Leonora | D64811 |
Road 144 | Road No. 867 - Woodarra Townsite to Old Coolgardie Road | GG15091899p2961 |
Road 145 | Road Widening ex vacant crown land – Tower Street, Leonora | DP190102 |
Road 146 | Resumption part lot 1126 – corner Otterburn Street, Leonora | DP188631 |
Road 147 | Townsite Streets – Menzies western part of town | CPP504722 |
Historical Roads
MapInfo ID. | Description | Shown on2 |
Road 01 | Closed roads eastern end of Malcolm Townsite | CPP504661_2 |
Road 02 | Closed road western end of Stuart Street, Leonora | DP127007_2 |
Road 03 | Road along southern and eastern boundary of Reserve 10307, Leonora | DP127069_2 |
Road 04 | Closed western portion of Trump Street and right of way between Trump and Rajah Street to west of Hall Street, Leonora – This location subject to current lease H688699. | DP135004 |
Road 05 | Station Street between lots 602 and 473, Leonora | DP144148 |
Road 06 | Closed portion of R.O.W on western boundary of Lot 703, Leonora | DP174989 |
Road 07 | Small resumption of north-eastern boundary of Lot 139 Hoover Street, Leonora | DP175512 |
Road 08 | Closed Road off Tower Street, Leonora | DP175640_2 |
Road 09 | Portion of Hoover Street bounded by Stuart street to south and Rochester street to north, Leonora | DP211971_2 |
Road 10 | Expansion road for lots 1276-1293 within Reserve 41510, Leonora | DP218180 |
Road 12 | Road closure western end of Trump Street where it meets Halls Street including north-wester corner of Reserve 6723 | DP222750 |
Road 13 | Closure eastern half of R.O.W between Tower and Otterburn streets bounded by Trump street to north and Rochester street to south, Leonora | DP222750_2 |
Road 14 | Western portion of R.O.W referred to above as Road 13 | DP222750_3 |
Road 15 | Closed portion of eastern end of Rajah Street where it meets King Edward Street, Leonora | DP222752_2 |
Road 16 | Closed southern portion of Gwalia Street, Leonora | DP222756_2 |
Road 17 | Closed southern portion of Loring Street, Leonora | DP222759_2 |
Road 18 | Closed southern portion of R.O.W between Manning and Tower Street, Leonora | GG01091989p3028 |
Road 19 | Creation of Leonora – Mt Ida Road, Race Course Road and Biggs Avenue as public roads and deviation of Rajah Street – subject to Resumption 1 (906914) | GG01101996p5095_2 |
Road 20 | Whole of Liverman Street along the southern boundaries of lots 794 to 800 and 802 | GG03081990p3705 |
Road 21 | Closure of portions of Old Laverton Road and Queen Street | GG13091991p4784 |
Road 22 | Road No. 976 – from Hall Street, Leonora to Star Street, Malcolm | GG19011900p192_2 |
Road 23 | Road closure – portion of Rajah Street and Queen Victoria Street, Leonora | GG19011990p216 |
Road 24 | Whole of surveyed road along the southern boundary of Leonora lots 945 and 940, Leonora | GG20061980p1816 |
Road 25 | Whole of surveyed way along southeastern boundaries of Lots 760-767 from the southern side of Stuart Street to the northern side of Avard Street, Leonora | GG22061990p3043 |
Road 26 | Whole of partly surveyed road along the southeastern boundary of Lot 776 from the northern side of Cohen Street to the southern side of Avard Street, Leonora | GG22061990p3043_2 |
Road 27 | Whole of Hoover Street along the southeastern boundaries of Lots 752 to 759 from the northern side of Avard Street to the southern side of Stuart Street | GG22061990p3043_3 |
Road 28 | All that portion of Avard Street from southern boundarries of lots 752, 767 and 768 then terminating at a southwestern prolongation of the southeastern side of Queen Street | GG22061990p3043_4 |
Road 29 | All that portion of Queen Street along the southeastern boundaries of Lots 768 to 775 from the northern side of Avard Street to the southern side of Stuart Street, Leonora | GG22061990p3043_5 |
Road 32 | Part of old Menzies – Leonora Road where it entered southern part of Leonora | DP227986 |
Road 33 | Closed road depicted in Malcolm Location 137 on DP32348, Leonora | DP32348 |
Road 34 | Portion of Stuart Road now comprised in Lot 1332, Leonora | GG02071996p3188 |
Road 35 | Whole of Gwalia Street along the eastern boundaries of Lots 793 and 794 and an eastern side of a surveyed way from the southern alignment of Cohen Street to the northern alignment of Liverman Street | GG03081990p3705_2 |
5. Railways
The former railways constructed pursuant to the Kalgoorlie – Menzies Railway Act 1896 (WA) and Menzies – Leonora Railway Act 1899 (WA) (all repealed) and whose lines are generally described in the Schedules to the Acts. This includes:
Railway No. |
Railway 001 |
Railway 002 |
Historic Railway 003 |
Historic Railway 004 |
6. Taking Orders
The following taking orders:
H410858 |
I660272 |
7. Resumptions
The following resumptions:
Resumption |
1080/1975 |
Any other public works as that expression is defined in the Native Title Act and the Titles Validation Act (including the land and waters on which a public work is constructed, established or situated as described in section 251D of the Native Title Act) and to which section 12J of the Titles Validation Act, section 23C(2) of the Native Title Act or sections 24JA and 24JB(2) of the Native Title Act apply.
SCHEDULE FIVE
AREAS TO WHICH SECTIONS 47A AND 47B OF THE NATIVE TITLE ACT APPLY
Paragraph 8
1. Section 47A
Section 47A of the Native Title Act applies with the effect that any extinguishment by the creation of the following interests (and by the creation of any other prior interests in relation to the area of the following interests) is to be disregarded:
Interest | Description / Purpose |
Reserve 10575 | Use and Benefit of Aboriginal People and Cultural Heritage Protection |
Reserve 11119 | Use and Benefit of Aboriginal Inhabitants |
Reserve 24481 | Use and Benefit of Aboriginal Inhabitants |
Reserve 30127 | Native Housing |
Reserve 30896 | Use and Benefit of Aborigines |
Reserve 34913 | Aborigines Community Centre and Short Stay Accommodation |
Reserve 35509 | Use and Benefit of Aboriginal Inhabitants |
Reserve 41510 | Use and Benefit of Aboriginal Inhabitants |
2. Section 47B
Section 47B of the Native Title Act applies with the effect that any extinguishment over the following areas by the creation of any prior interest is to be disregarded:
MapInfo ID. | Description | Exclusions |
UCL 0082 | That portion of UCL 0082 (Lake Ballard) that falls within the Determination Area | |
UCL 0103 | 10 Mile Outcamp | |
UCL 1244 | UCL between Menzies and Lake Ballard | |
UCL 0043, UCL 0067- UCL0074, UCL 0083, UCL 0105, UCL 0696- UCL 0882, UCL 1144- UCL1146, UCL 1179, UCL 1189 | UCL in and around the Historic Townsite of Malcolm | Part covered by mining lease M37/1164 as at 10 April 2018 |
UCL 1141 | UCL east of Reserve 11119 in the town of Leonora |
For the avoidance of doubt, for the purpose of this Schedule, a "prior interest" does not include a public work as defined in the Native Title Act and the Titles Validation Act (including the land and waters on which a public work is constructed, established or situated as described in section 251D of the Native Title Act).
SCHEDULE SIX
OTHER INTERESTS
Paragraph 9
The nature and extent of the Other Interests in relation to the Determination Area are as follows.
Land tenure interests registered with the Western Australian Land Information Authority are current as at 1 January 2020. Mining tenements and petroleum interests registered with the Department of Mines, Industry Regulation and Safety are current as at 22 November 2021. All other interests are current as at the date of the determination.
1. Freehold Titles
(a) The following freehold titles:
Certificate of Title |
CT0156400209 |
CT0167900046 |
CT0171900903 |
CT0179300055 |
CT0180100795 |
2. Reserves
(a) The following reserves:
Reserve No. | Current / Last Purpose |
3348 | Historic Cemetery Site |
3731 | Resting Place for Travellers and Stock |
4083 | Cemetery |
4085 | Sanitary Site |
4256 | Cemetery |
4479 | Public Buildings |
4480 | Wardens Office |
4481 | Post and Telegraph Office |
4485 | Public Utility |
4724 | Church Site Methodist |
4943 | Rubbish Disposal Site |
4956 | Public Utility |
4957 | Public Utility |
4958 | Public Buildings |
4959 | Public Buildings |
4960 | Public Utility |
4961 | Public Utility |
4962 | Public Utility |
4963 | Water |
4965 | Cemetery |
5176 | Government Officials Quarters |
5785 | Post and Telegraph Office |
6012 | Townsite |
6023 | Public Utility |
6024 | Public Utility |
6025 | Public Utility |
6026 | Public Utility |
6027 | Public Utility |
6460 | Excepted from Sale |
6597 | Public Utility |
6598 | Public Utility |
6600 | Public Utility |
6601 | Public Utility |
6652 | Public Utility |
6733 | Church and Manse Site |
6887 | Cemetery |
6888 | Rubbish Depot |
6976 | Church Site Presbyterian |
6992 | Explosives Storage and Manufacture |
7011 | Church Site Presbyterian |
7101 | Excepted from Sale |
7106 | Public Buildings |
7121 | Public Battery |
7141 | Trigonometrical Station |
7142 | Trigonometrical Station |
7143 | Trigonometrical Station |
7144 | Trigonometrical Station |
7145 | Trigonometrical Station |
7146 | Water Act 57 Vic No 20 |
7147 | State Geodetic Infrastructure |
7148 | Heritage Place |
7151 | Trigonometrical Station |
7152 | Trigonometrical Station |
7156 | Trigonometrical Station |
7162 | Trigonometrical Station |
7163 | Trigonometrical Station |
7168 | Trigonometrical Station |
7183 | Trigonometrical Station |
7184 | Trigonometrical Station |
7185 | Trigonometrical Station |
7186 | Trigonometrical Station |
7187 | Trigonometrical Station |
7188 | Trigonometrical Station |
7189 | Trigonometrical Station |
7190 | Trigonometrical Station |
7191 | Trigonometrical Station |
7192 | Trigonometrical Station |
7197 | Trigonometrical Station |
7521 | Common |
7784 | Excepted from Sale |
7827 | Cemetery |
8099 | Water |
8303 | Excepted from Sale |
8372 | Hall Site |
8478 | Railway Purposes |
8487 | Camping |
8509 | Common |
8575 | Municipal Water Supply |
8739 | Water Act 57 Vic No 20 State Battery Supply |
8834 | Water |
9044 | Excepted from Sale |
9081 | Townsite |
9268 | Excepted from Sale and Occupation |
9405 | Water Act 57 Vic No 20 |
9646 | Water |
9699 | Peak Hill Stock Route |
9706 | Recreation |
9741 | Water |
9762 | Historic Place Little Peter's Well |
9811 | Water Act 57 Vic No 20 |
9833 | Railway |
9969 | Municipal Rubbish Disposal Site and Sanitary Site |
9979 | School Site |
10008 | Water Act 57 Vic No 20 |
10028 | Water Act 57 Vic No 20 |
10096 | Excepted from Sale |
11119 | Use and Benefit of Aboriginal Inhabitants |
10301 | Water Act 57 Vic No 20 |
10527 | Water Act 57 Vic No 20 |
10575 | Use and Benefit of Aboriginal People and Cultural Heritage Protection |
10577 | Water Act 57 Vic No 20 |
11804 | Watering Place Travelling Stock |
12353 | Water Act 57 Vic No 20 |
12393 | Water |
12396 | Water Act 57 Vic No 20 |
12448 | Water Act 57 Vic No 20 |
12844 | Water |
12845 | Water |
12846 | Water |
12848 | Water |
12856 | Water |
12858 | Water |
12993 | Church Site Church of England |
13488 | Water |
16995 | Common |
17398 | Stock Route |
24481 | Use and Benefit of Aboriginal Inhabitants |
25897 | Native Housing |
30029 | Quarry |
30127 | Native Housing |
30896 | Use and Benefit of Aborigines |
31924 | Rubbish and Sanitation Disposal Site |
34848 | Explosives Safety Zone |
34913 | Aboriginal Community Centre and Short Stay Accommodation |
35509 | Use and Benefit of Aboriginal Inhabitants |
35852 | Recreation and Drainage – that portion of Reserve covered by the Leonora Golf Course |
36387 | State Geodetic Infrastructure |
36676 | Trigonometrical Station |
41358 | Recreation |
41510 | Use and Benefit of Aboriginal Inhabitants |
41907 | Railway |
42692 | Trigonometrical Station |
46751 | Historic Precinct |
48160 | Cemetery |
48532 | Parkland |
51184 | Water Supply |
(b) The rights and interests of persons who have the care, control and management of the reserves identified in subclause (a) above;
(c) The rights and interests of persons entitled to access and use the reserves identified in subclause (a) above for the respective purposes for which they are reserved, subject to any statutory limitations upon those rights; and
(d) The rights and interests of persons holding leases over areas of the reserves identified in subclause (a) above.
3. Pastoral Leases
(a) The following pastoral leases and the rights and interests of the holders from time to time of those pastoral leases:
Lease No. | Description |
N049440 | Weebo |
N049506 | Mertondale |
N049637 | Yandal |
N049676 | Clover Downs |
N049712 | Minara |
N049788 | Melrose |
N049808 | Glenorn |
N049822 | Nambi |
N049916 | Braemore |
N049945 | Tarmoola |
N050241 | Melita 1/2 |
N050242 | Melita 2/2 |
N050386 | Adelong |
N050400 | Banjawarn |
N050457 | Jeedamya |
N050635 | Sturt Meadows 1/2 |
(b) Any rights and obligations of the pastoralists pursuant to the pastoral leases referred to in subclause (a) above to adopt and exercise best practice management of the pasture and vegetation resources, livestock and soils within the boundaries of the pastoral leases in order to manage stock and for the management, conservation and regeneration of pasture for permitted uses.
4. Other Leases
The following leases and the rights and interests of the holders from time to time of those leases:
Lease No. | Description |
M638864 | Special Lease for Regional Mobile Communications Project |
RL I213020 | Lease of Reserve 11119 |
RL1213022 | Lease of Reserve 34913 |
RL N626178 | Lease of lot 1310 of Reserve 41510 |
RL N626179 | Lease of Lot 1314 of Reserve 41510 |
RL N626180 | Lease of Lot 1299 of Reserve 41510 |
RL N626181 | Lease of Lot 1300 of Reserve 41510 |
RL N626182 | Lease of Lot 1298 of Reserve 41510 |
RL N626183 | Lease of Lot 1321 of Reserve 41510 |
RL N626184 | Lease of Lot 1296 of Reserve 41510 |
RL N626185 | Lease of Lot 1307 of Reserve 41510 |
RL N626186 | Lease of Lot 1305 of Reserve 41510 |
RL N626187 | Lease of Lot 1297 of Reserve 41510 |
RL N626188 | Lease of Lot 1303 and Part Lot 1304 of Reserve 41510 |
RL N626189 | Lease of Lot 1302 and Part Lot 1301 of Reserve 41510 |
RL N626190 | Lease of Lot 1311 of Reserve 41510 |
RL N626191 | Lease of Lot 1320 of Reserve 41510 |
RL N626192 | Lease of Lot 1319 of Reserve 41510 |
RL N626193 | Lease of Lot 1318 of Reserve 41510 |
RL N626194 | Lease of Lot 1317 of Reserve 41510 |
RL N626195 | Lease of Lot 1316 of Reserve 41510 |
RL N626196 | Lease of Lot 1315 of Reserve 41510 |
RL N626197 | Lease of Lot 1295 of Reserve 41510 |
RL N626198 | Lease of Lots 1276 and 1277 of Reserve 41510 |
RL N626199 | Lease of Lot 1322 of Reserve 41510 |
RL N626200 | Lease of Lot 1323 of Reserve 41510 |
RL N626201 | Lease of Lots 1313 and Part Lot 1312 of Reserve 41510 |
R6461/153 |
5. Roads
The following roads and the rights and interests of the persons having the care, control and management of those roads from time to time:
MapInfo ID. | Description | Shown on3 |
Road 74 | Road Realignment – Goldfields Highway as it enters Leonora from Menzies | DP63279.pdf |
Road 76 | Widening of road from Yundagga Townsite to Menzies | DP218819 |
Road 77 | Widening of road close to Menzies | DP217648 |
Road 78 | Widening of road Menzies to Leonora as it exits Menzies | DP217649 |
Road 79 | Widening of road Menzies to Leonora | DP217650 |
Road 80 | Widening of road Menzies to Leonora | DP217651 |
Road 81 | Widening of road Menzies to Leonora | DP217652 |
Road 82 | Widening of road Menzies to Leonora | DP217653 |
Road 83 | Widening of road Menzies to Leonora | DP217654 |
Road 84 | Widening of road Menzies to Leonora traversing Reserve 7030 | DP217655 |
Road 85 | Widening of road Menzies to Leonora | DP217656 |
Road 86 | Widening of road Menzies to Leonora | DP217657 |
Road 87 | Widening of road Menzies to Leonora | DP217658. |
Road 88 | Widening of road Menzies to Leonora | DP217659 |
Road 89 | Widening of road Menzies to Leonora | DP217661 |
Road 90 | Widening of road Menzies to Leonora | DP217662 |
Road 91 | Widening of road Menzies to Leonora | DP217663 |
Road 92 | Widening of Goldfields Highway heading north from Leonora townsite | DP217665 |
Road 93 | Widening of Goldfields Highway heading north from Leonora townsite | DP217666 |
Road 94 | Widening of Goldfields Highway heading north from Leonora townsite | DP217667 |
Road 95 | Widening of Goldfields Highway as it traverses Tarmoola pastoral lease | DP217668 |
Road 96 | Widening of Goldfields Highway as it traverses Tarmoola pastoral lease - Lot 125 on Deposited Plan 217669 | DP217669 |
Road 97 | Widening of Goldfields Highway as it traverses Tarmoola pastoral lease - Lot 126 on Deposited Plan 217670 | DP217670 |
Road 98 | Widening of Goldfields Highway as it traverses Tarmoola pastoral lease - Lots 126 and 127 on Deposited Plan 217671 | DP217671 |
Road 99 | Widening of Goldfields Highway as it traverses Tarmoola pastoral lease - Lots 127 and 128 on Deposited Plan 217672 | DP217672 |
Road 100 | Widening of Goldfields Highway as it traverses Tarmoola pastoral lease – Lot 129 on Deposited Plan 217673 | DP217673 |
Road 101 | Widening of Goldfields Highway as it traverses Tarmoola and Weebo pastoral leases – Lots 130 and 131 on Deposited Plan 217674 | DP217674 |
Road 102 | Widening of Goldfields Highway as it traverses Weebo pastoral lease – Lot 132 on Deposited Plan 217675 | DP217675 |
Road 103 | Widening of Goldfields Highway as it traverses Weebo pastoral lease – Lot 133 on Deposited Plan 217676 | DP217676 |
Road 104 | Widening of Goldfields Highway as it traverses Weebo pastoral lease – Lot 134 on Deposited Plan 217677 | DP217677 |
Road 105 | Widening of Goldfields Highway as it traverses Weebo pastoral lease – Lot 135 on Deposited Plan 217678 | DP217678 |
Road 106 | Widening of Goldfields Highway as it traverses Weebo pastoral lease – Lot 136 on Deposited Plan 217679 | DP217679 |
Road 107 | Widening of Goldfields Highway as it traverses Weebo pastoral lease – Lot 137 on Deposited Plan 217680 | DP217680 |
Road 108 | Widening of Goldfields Highway as it traverses Lenster Downs pastoral lease – Lots 138 and 139 on Deposited Plan 217681 | DP217681 |
Road 111 | Lots 160 and 162 of Main Reef Road | DP37439 |
Road 112 | Lot 134 on Deposited Plan 25984 | DP25985 |
6. Taking Orders
Taking Order No. |
I621535 |
J248862 |
J248862 |
J624946 |
J849173 |
L281903 |
7. Easements
The following easements and the rights and interests of the holders from time to time of those easements, to the extent the areas of those easements do not fall within Schedule Four as areas where native title does not exist:
MapInfo No. | Description |
F924685 | Easement to the State of Western Australia as amended and ratified by the Goldfields Gas Pipeline Agreement Act 1994 (WA). Registered 10 July 1995 |
8. Resumptions
The following resumption:
Resumption |
578/1997 |
(a) The following mining tenements granted under the Mining Act 1904 (WA) (repealed) and / or the Mining Act 1978 (WA) and the rights and interests of the holders from time to time of those tenements:
(i) Exploration Licences:
Tenement ID | ||||
E 29/912 | E 29/1070 | E 36/867 | ||
E 29/913 | E 29/1079 | E 36/868 | ||
E 29/941 | E 36/628 | E 36/870 | ||
E 29/948 | E 36/667 | E 36/873 | ||
E 29/950 | E 36/715 | E 36/884 | ||
E 29/958 | E 36/749 | E 36/895 | ||
E 29/979 | E 36/792 | E 36/896 | ||
E 29/981 | E 36/797 | E 36/899 | ||
E 29/995 | E 36/798 | E 36/900 | ||
E 29/1005 | E 36/810 | E 36/905 | ||
E 29/1011 | E 36/811 | E 36/910 | ||
E 29/1020 | E 36/818 | E 36/917 | ||
E 29/1021 | E 36/826 | E 36/922 | ||
E 29/1022 | E 36/827 | E 36/923 | ||
E 29/1024 | E 36/837 | E 36/930 | ||
E 29/1034 | E 36/838 | E 36/934 | ||
E 29/1052 | E 36/845 | E 36/936 | ||
E 29/1067 | E 36/846 | E 36/940 | ||
E 29/1068 | E 36/857 | E 36/941 | ||
E 29/1069 | E 36/860 | E 36/943 | ||
E29/1118 | E 36/865 | E 37/1188 | ||
E 36/944 | E 37/983 | E 37/1189 | ||
E 36/945 | E 37/1007 | E 37/1190 | ||
E 36/952 | E 37/1017-I | E 37/1194 | ||
E 36/953 | E 37/1018 | E 37/1195 | ||
E 36/963 | E 37/1032 | E 37/1199 | ||
E 36/964 | E 37/1044 | E 37/1201 | ||
E 36/968 | E 37/1051-I | E 37/1203 | ||
E 36/969 | E 37/1052-I | E 37/1205 | ||
E 36/980 | E 37/1054 | E 37/1208 | ||
E 36/984 | E 37/1067 | E 37/1209 | ||
E 36/988 | E 37/1080 | E 37/1210 | ||
E 36/995 | E 37/1086-I | E 37/1214 | ||
E 36/997 | E 37/1121 | E 37/1215 | ||
E 36/999 | E 37/1130 | E 37/1220 | ||
E 36/1002 | E 37/1134 | E 37/1222 | ||
E 36/1005 | E 37/1152 | E 37/1223 | ||
E 37/258 | E 37/1154 | E 37/1224 | ||
E 37/789 | E 37/1156 | E 37/1225 | ||
E 37/801 | E 37/1161 | E 37/1229 | ||
E 37/846 | E 37/1162 | E 37/1231 | ||
E 37/847 | E 37/1165 | E 37/1233 | ||
E 37/893 | E 37/1169 | E 37/1234 | ||
E 37/902 | E 37/1177 | E 37/1235 | ||
E 37/907 | E 37/1178 | E 37/1237 | ||
E 37/909 | E 37/1181 | E 37/1239 | ||
E 37/916 | E 37/1183 | E 37/1243-I | ||
E 37/981 | E 37/1184 | E 37/1330 | ||
E 37/1246 | E 37/1285 | E 37/1331 | ||
E 37/1247 | E 37/1287 | E 37/1333 | ||
E 37/1248 | E 37/1288 | E 37/1334 | ||
E 37/1249-I | E 37/1289 | E 37/1336 | ||
E 37/1252 | E 37/1290-I | E 37/1342 | ||
E 37/1253 | E 37/1291-I | E 37/1345 | ||
E 37/1254 | E 37/1293 | E 37/1350 | ||
E 37/1258 | E 37/1296 | E 37/1352 | ||
E 37/1259 | E 37/1297 | E 37/1353 | ||
E 37/1260 | E 37/1298 | E 37/1355 | ||
E 37/1261 | E 37/1300 | E 37/1356 | ||
E 37/1262 | E 37/1301 | E 37/1358 | ||
E 37/1263 | E 37/1303 | E 37/1362 | ||
E 37/1264 | E 37/1305 | E 37/1363 | ||
E 37/1265 | E 37/1306 | E 37/1364 | ||
E 37/1266 | E 37/1309 | E 37/1367 | ||
E 37/1268 | E 37/1310 | E 37/1369 | ||
E 37/1269 | E 37/1311 | E 37/1370 | ||
E 37/1270 | E 37/1313 | E 37/1371 | ||
E 37/1271 | E 37/1314 | E 37/1372 | ||
E 37/1272 | E 37/1315 | E 37/1373 | ||
E 37/1273 | E 37/1318 | E 37/1374 | ||
E 37/1274 | E 37/1319 | E 37/1375 | ||
E 37/1278 | E 37/1321 | E 37/1376 | ||
E 37/1279 | E 37/1322 | E 37/1385 | ||
E 37/1283 | E 37/1324 | E 37/1389 | ||
E 37/1284 | E 37/1418 | E 37/1390 | ||
E 37/1377 | E 37/1326 | E 37/1391 | ||
E 37/1378 | E 37/1419 | E 37/1392 | ||
E 37/1379 | E 37/1421 | E 37/1393 | ||
E 37/1380 | E 37/1422 | E 37/1394 | ||
E 37/1381 | E 37/1423 | E 40/357 | ||
E 37/1382 | E 37/1424 | E 40/359 | ||
E 37/1395 | E 37/1426 | E 40/373 | ||
E 37/1396 | E 38/1537 | E 40/378 | ||
E 37/1397 | E 38/2834 | E 40/383 | ||
E 37/1398 | E 38/2916 | E 40/384 | ||
E 37/1399 | E 38/3087 | E 40/388 | ||
E 37/1400 | E 38/3113 | E 40/391 | ||
E 37/1402 | E 38/3478 | E 40/398 | ||
E 37/1404 | E 39/1684 | E 40/366 | ||
E 37/1405 | E 39/1706 | E 40/369 | ||
E 37/1407 | E 39/1854 | E 40/371 | ||
E 37/1409 | E 39/1866 | |||
E 37/1410 | E 39/1892 | |||
E 37/1413 | E 39/1956 | |||
E 37/1414 | E 39/1985 | |||
E 37/1416 | E 39/2035 | |||
E 37/1417 | E 39/2036 | |||
E 37/1431 | E 39/2183 | |||
E 37/1433 | E 39/2237 | |||
E 37/1436 | E 40/270 | |||
E 37/1437 | E 40/283 | |||
E 37/1441 | E 40/295 | |||
E 37/1442 | E 40/312 | |||
E 36/998 | E 40/323 |
(ii) General Purpose Leases:
Tenement ID | ||||
G 29/21 | G 37/37 | |||
G 37/6 | ||||
G 37/8 | ||||
G 37/9 | ||||
G 37/10 | ||||
G 37/11 | ||||
G 37/12 | ||||
G 37/13 | ||||
G 37/14 | ||||
G 37/15 | ||||
G 37/16 | ||||
G 37/17 | ||||
G 37/18 | ||||
G 37/21 | ||||
G 37/24 | ||||
G 37/25 | ||||
G 37/26 | ||||
G 37/27 | ||||
G 37/28 | ||||
G 37/29 | ||||
G 37/30 | ||||
G 37/31 | ||||
G 37/32 | ||||
G 37/33 | ||||
G 37/34 | ||||
G 37/35 |
(iii) Mining Leases:
Tenement ID | ||||
M 29/14 | M 36/476 | M 37/25 | ||
M 29/21 | M 36/494 | M 37/30 | ||
M 29/88 | M 36/503 | M 37/44 | ||
M 29/153 | M 36/504 | M 37/46 | ||
M 29/154 | M 36/512 | M 37/54 | ||
M 29/184 | M 36/513 | M 37/55 | ||
M 29/212 | M 36/516 | M 37/58 | ||
M 29/410 | M 36/525 | M 37/67 | ||
M 29/417 | M 36/527 | M 37/73 | ||
M 29/433 | M 36/541 | M 37/76 | ||
M 36/35 | M 36/542 | M 37/81 | ||
M 36/107 | M 36/579 | M 37/82 | ||
M 36/146 | M 36/582 | M 37/86 | ||
M 36/177 | M 36/584 | M 37/88 | ||
M 36/200 | M 36/585 | M 37/90 | ||
M 36/201 | M 36/586 | M 37/96 | ||
M 36/202 | M 36/587 | M 37/108 | ||
M 36/203 | M 36/588 | M 37/122 | ||
M 36/244 | M 36/589 | M 37/135 | ||
M 36/289 | M 36/599 | M 37/137 | ||
M 36/300 | M 36/600 | M 37/142 | ||
M 36/421 | M 36/615 | M 37/155 | ||
M 36/428 | M 36/682 | M 37/158 | ||
M 36/444 | M 36/685 | M 37/159 | ||
M 36/445 | M 36/691 | M 37/163 | ||
M 36/446 | M 36/692 | M 37/164 | ||
M 36/462 | M 36/693 | M 37/165 | ||
M 36/473 | M 37/17 | M 37/170 | ||
M 36/474 | M 37/21 | M 37/403 | ||
M 37/172 | M 37/333 | M 37/404 | ||
M 37/179 | M 37/338 | M 37/405 | ||
M 37/182 | M 37/339 | M 37/407 | ||
M 37/199 | M 37/340 | M 37/410 | ||
M 37/200 | M 37/343 | M 37/416 | ||
M 37/201 | M 37/345 | M 37/417 | ||
M 37/204 | M 37/349 | M 37/418 | ||
M 37/212 | M 37/350 | M 37/419 | ||
M 37/219 | M 37/356 | M 37/420 | ||
M 37/220 | M 37/357 | M 37/421 | ||
M 37/222 | M 37/358 | M 37/424 | ||
M 37/223 | M 37/359 | M 37/426 | ||
M 37/227 | M 37/360 | M 37/427 | ||
M 37/231 | M 37/361 | M 37/428 | ||
M 37/232 | M 37/362 | M 37/429 | ||
M 37/233 | M 37/364 | M 37/437 | ||
M 37/246 | M 37/366 | M 37/438 | ||
M 37/247 | M 37/367 | M 37/439 | ||
M 37/248 | M 37/368 | M 37/440 | ||
M 37/251 | M 37/370 | M 37/449 | ||
M 37/252 | M 37/373 | M 37/451 | ||
M 37/265 | M 37/383 | M 37/454 | ||
M 37/277 | M 37/384 | M 37/457 | ||
M 37/286 | M 37/385 | M 37/458 | ||
M 37/299 | M 37/386 | M 37/459 | ||
M 37/300 | M 37/391 | M 37/460 | ||
M 37/316 | M 37/393 | M 37/461 | ||
M 37/317 | M 37/394 | M 37/462 | ||
M 37/320 | M 37/398 | M 37/465 | ||
M 37/327 | M 37/399 | M 37/475 | ||
M 37/330 | M 37/400 | M 37/816 | ||
M 37/478 | M 37/584 | M 37/818 | ||
M 37/479 | M 37/586 | M 37/819 | ||
M 37/483 | M 37/587 | M 37/849 | ||
M 37/485 | M 37/590 | M 37/902 | ||
M 37/488 | M 37/591 | M 37/903 | ||
M 37/493 | M 37/592 | M 37/905 | ||
M 37/494 | M 37/594 | M 37/944 | ||
M 37/495 | M 37/598 | M 37/955 | ||
M 37/496 | M 37/599 | M 37/975 | ||
M 37/503 | M 37/600 | M 37/983 | ||
M 37/506 | M 37/601 | M 37/986 | ||
M 37/508 | M 37/602 | M 37/997 | ||
M 37/513 | M 37/608 | M 37/998 | ||
M 37/514 | M 37/622 | M 37/1026 | ||
M 37/515 | M 37/626 | M 37/1027 | ||
M 37/519 | M 37/631 | M 37/1030 | ||
M 37/529 | M 37/632 | M 37/1045 | ||
M 37/531 | M 37/638 | M 37/1050 | ||
M 37/532 | M 37/646 | M 37/1051 | ||
M 37/544 | M 37/667 | M 37/1063 | ||
M 37/547 | M 37/689 | M 37/1064 | ||
M 37/548 | M 37/692 | M 37/1076 | ||
M 37/551 | M 37/708 | M 37/1081 | ||
M 37/552 | M 37/709 | M 37/1089 | ||
M 37/564 | M 37/720 | M 37/1090 | ||
M 37/565 | M 37/733 | M 37/1105 | ||
M 37/570 | M 37/735 | M 37/1119 | ||
M 37/571 | M 37/763 | M 37/1120 | ||
M 37/572 | M 37/774 | M 37/1121 | ||
M 37/573 | M 37/775 | M 37/1122 | ||
M 37/574 | M 37/776 | M 37/1336 | ||
M 37/1126 | M 37/1284 | M 37/1337 | ||
M 37/1127 | M 37/1285 | M 37/1338 | ||
M 37/1128 | M 37/1286 | M 37/1340 | ||
M 37/1129 | M 37/1290 | M 37/1341 | ||
M 37/1130 | M 37/1295 | M 37/1342 | ||
M 37/1132 | M 37/1298 | M 37/1343 | ||
M 37/1136 | M 37/1301 | M 37/1345 | ||
M 37/1137 | M 37/1303 | M 37/1346 | ||
M 37/1144 | M 37/1304 | M 37/1348 | ||
M 37/1146 | M 37/1305 | M 37/1349 | ||
M 37/1148 | M 37/1306 | M 37/1350 | ||
M 37/1150 | M 37/1309 | M 37/1353 | ||
M 37/1153 | M 37/1311 | M 38/1252 | ||
M 37/1164 | M 37/1312 | M 39/445 | ||
M 37/1165 | M 37/1313 | M 39/458 | ||
M 37/1167 | M 37/1314 | M 39/459 | ||
M 37/1168 | M 37/1315 | M 39/460 | ||
M 37/1170 | M 37/1316 | M 39/552 | ||
M 37/1185 | M 37/1317 | M 39/758 | ||
M 37/1202 | M 37/1318 | M 39/1118 | ||
M 37/1216 | M 37/1319 | M 40/151 | ||
M 37/1217 | M 37/1322 | M 40/166 | ||
M 37/1223 | M 37/1323 | M 40/330 | ||
M 37/1227 | M 37/1324 | M 40/346 | ||
M 37/1228 | M 37/1325 | |||
M 37/1230 | M 37/1327 | |||
M 37/1231 | M 37/1328 | |||
M 37/1257 | M 37/1331 | |||
M 37/1275 | M 37/1333 | |||
M 37/1276 | M 37/1334 | |||
M 37/1279 | M 37/1335 |
(iv) Miscellaneous Licences:
Tenement ID | ||||
L 29/61 | L 37/23 | L 37/102 | ||
L 29/116 | L 37/24 | L 37/106 | ||
L 29/117 | L 37/28 | L 37/113 | ||
L 29/118 | L 37/29 | L 37/117 | ||
L 29/120 | L 37/30 | L 37/118 | ||
L 29/138 | L 37/33 | L 37/119 | ||
L 29/147 | L 37/34 | L 37/122 | ||
L 36/55 | L 37/35 | L 37/125 | ||
L 36/62 | L 37/36 | L 37/127 | ||
L 36/82 | L 37/41 | L 37/128 | ||
L 36/84 | L 37/43 | L 37/129 | ||
L 36/86 | L 37/50 | L 37/131 | ||
L 36/98 | L 37/51 | L 37/132 | ||
L 36/100 | L 37/56 | L 37/133 | ||
L 36/102 | L 37/58 | L 37/134 | ||
L 36/103 | L 37/61 | L 37/135 | ||
L 36/104 | L 37/66 | L 37/136 | ||
L 36/107 | L 37/70 | L 37/137 | ||
L 36/111 | L 37/73 | L 37/138 | ||
L 36/136 | L 37/74 | L 37/139 | ||
L 36/155 | L 37/76 | L 37/140 | ||
L 36/158 | L 37/77 | L 37/141 | ||
L 36/166 | L 37/79 | L 37/142 | ||
L 36/183 | L 37/80 | L 37/144 | ||
L 36/184 | L 37/83 | L 37/145 | ||
L 36/185 | L 37/85 | L 37/148 | ||
L 36/186 | L 37/86 | L 37/232 | ||
L 36/198 | L 37/87 | L 37/237 | ||
L 36/200 | L 37/189 | L 37/240 | ||
L 36/232 | L 37/190 | L 37/241 | ||
L 36/235 | L 37/191 | L 37/242 | ||
L 36/246 | L 37/193 | L 37/244 | ||
L 36/247 | L 37/195 | L 37/150 | ||
L 37/151 | L 37/89 | L 37/246 | ||
L 37/152 | L 37/196 | L 37/247 | ||
L 37/153 | L 37/197 | L 37/248 | ||
L 37/154 | L 37/199 | L 37/249 | ||
L 37/155 | L 37/203 | L 37/250 | ||
L 37/156 | L 37/205 | L 39/76 | ||
L 37/157 | L 37/206 | L 39/78 | ||
L 37/158 | L 37/207 | L 39/79 | ||
L 37/159 | L 37/211 | L 39/82 | ||
L 37/161 | L 37/212 | L 39/111 | ||
L 37/162 | L 37/213 | L 39/126 | ||
L 37/163 | L 37/215 | L 39/139 | ||
L 37/164 | L 37/216 | L 39/140 | ||
L 37/166 | L 37/217 | L 39/141 | ||
L 37/167 | L 37/220 | L 39/142 | ||
L 37/170 | L 37/221 | L 39/197 | ||
L 37/171 | L 37/222 | L 39/223 | ||
L 37/172 | L 37/223 | L 40/11 | ||
L 37/173 | L 37/224 | L 40/24 | ||
L 37/174 | L 37/225 | L 40/33 | ||
L 37/175 | L 37/226 | L 40/34 | ||
L 37/176 | L 37/227 | |||
L 37/177 | L 37/228 | |||
L 37/178 | L 37/229 | |||
L 37/183 | L 37/230 | |||
L 37/184 | L 37/231 |
(v) Prospecting Licences:
Tenement ID | ||||
P 29/2346 | P 36/1863 | P 37/8314 | ||
P 29/2368 | P 36/1874 | P 37/8317 | ||
P 29/2369 | P 36/1875 | P 37/8318 | ||
P 29/2391 | P 36/1878 | P 37/8325 | ||
P 29/2511 | P 36/1879 | P 37/8334 | ||
P 29/2512 | P 36/1883 | P 37/8350 | ||
P 29/2513 | P 36/1884 | P 37/8359 | ||
P 29/2514 | P 36/1887-S | P 37/8368 | ||
P 29/2515 | P 36/1888-S | P 37/8371 | ||
P 29/2538 | P 36/1889 | P 37/8374 | ||
P 29/2539 | P 36/1891 | P 37/8375 | ||
P 29/2550 | P 36/1892 | P 37/8531 | ||
P 29/2573 | P 36/1893 | P 37/8532 | ||
P 29/2578 | P 36/1894 | P 37/8533 | ||
P 29/2579 | P 36/1895 | P 37/8534 | ||
P 29/2580 | P 36/1896 | P 37/8535 | ||
P 29/2581 | P 36/1911 | P 37/8536 | ||
P 29/2582 | P 36/1913 | P 37/8537 | ||
P 29/2583 | P 36/1914 | P 37/8538 | ||
P 29/2584 | P 36/1915 | P 37/8539 | ||
P 29/2585 | P 36/1916 | P 37/8540 | ||
P 29/2619 | P 36/1917 | P 37/8541 | ||
P 29/2620 | P 36/1920 | P 37/8542 | ||
P 29/2621 | P 36/1922 | P 37/8543 | ||
P 29/2622 | P 37/8223 | P 37/8544 | ||
P 29/2627 | P 37/8240 | P 37/8545 | ||
P 29/2634 | P 37/8241 | P 37/8546 | ||
P 36/1787 | P 37/8242 | P 37/8547 | ||
P 36/1788 | P 37/8243 | P 37/8559 | ||
P 36/1789 | P 37/8278 | P 37/8568 | ||
P 36/1805 | P 37/8290 | P 37/8571 | ||
P 36/1806 | P 37/8299 | P 37/8573 | ||
P 36/1849 | P 37/8300 | P 37/8576 | ||
P 36/1857 | P 37/8301 | P 37/8578 | ||
P 36/1859 | P 37/8455 | P 37/8580 | ||
P 36/1860 | P 37/8456 | P 37/8581 | ||
P 37/8376 | P 37/8458 | P 37/8583 | ||
P 37/8378 | P 37/8459 | P 37/8584 | ||
P 37/8379 | P 37/8460 | P 37/8586 | ||
P 37/8382 | P 37/8461 | P 37/8587 | ||
P 37/8383 | P 37/8462 | P 37/8601 | ||
P 37/8384 | P 37/8463 | P 37/8606 | ||
P 37/8385 | P 37/8464 | P 37/8731 | ||
P 37/8386 | P 37/8465 | P 37/8732 | ||
P 37/8387 | P 37/8467 | P 37/8733 | ||
P 37/8388 | P 37/8468 | P 37/8734 | ||
P 37/8390 | P 37/8469 | P 37/8736 | ||
P 37/8391 | P 37/8470 | P 37/8737 | ||
P 37/8392 | P 37/8472 | P 37/8738 | ||
P 37/8393 | P 37/8484 | P 37/8739 | ||
P 37/8394 | P 37/8491 | P 37/8740 | ||
P 37/8413 | P 37/8500 | P 37/8741 | ||
P 37/8414 | P 37/8504 | P 37/8742 | ||
P 37/8415 | P 37/8515 | P 37/8743 | ||
P 37/8416 | P 37/8517 | P 37/8744 | ||
P 37/8417 | P 37/8520 | P 37/8745 | ||
P 37/8418 | P 37/8521 | P 37/8746 | ||
P 37/8420 | P 37/8523 | P 37/8747 | ||
P 37/8421 | P 37/8524 | P 37/8748 | ||
P 37/8422 | P 37/8525 | P 37/8754 | ||
P 37/8425 | P 37/8526 | P 37/8759 | ||
P 37/8431 | P 37/8527 | P 37/8760 | ||
P 37/8432 | P 37/8528 | P 37/8762 | ||
P 37/8442 | P 37/8529 | P 37/8763 | ||
P 37/8443 | P 37/8530 | P 37/8764 | ||
P 37/8445 | P 37/8660 | P 37/8765 | ||
P 37/8454 | P 37/8661 | P 37/8766 | ||
P 37/8608 | P 37/8662 | P 37/8767 | ||
P 37/8609 | P 37/8663 | P 37/8777 | ||
P 37/8610 | P 37/8664 | P 37/8778 | ||
P 37/8611 | P 37/8665 | P 37/8781 | ||
P 37/8612 | P 37/8686 | P 37/8782 | ||
P 37/8615 | P 37/8687 | P 37/8783 | ||
P 37/8617 | P 37/8688 | P 37/8877 | ||
P 37/8618 | P 37/8689 | P 37/8878 | ||
P 37/8621 | P 37/8690 | P 37/8879 | ||
P 37/8622 | P 37/8691 | P 37/8881 | ||
P 37/8629 | P 37/8692 | P 37/8882 | ||
P 37/8630 | P 37/8693 | P 37/8883 | ||
P 37/8631 | P 37/8694 | P 37/8884 | ||
P 37/8632 | P 37/8695 | P 37/8885 | ||
P 37/8633 | P 37/8696 | P 37/8886 | ||
P 37/8634 | P 37/8699 | P 37/8887 | ||
P 37/8635 | P 37/8712 | P 37/8888 | ||
P 37/8636 | P 37/8713 | P 37/8889 | ||
P 37/8637 | P 37/8714 | P 37/8890 | ||
P 37/8638 | P 37/8715 | P 37/8891 | ||
P 37/8639 | P 37/8716 | P 37/8892 | ||
P 37/8640 | P 37/8718 | P 37/8893 | ||
P 37/8641 | P 37/8719 | P 37/8894 | ||
P 37/8648 | P 37/8720 | P 37/8895 | ||
P 37/8649 | P 37/8724 | P 37/8896 | ||
P 37/8650 | P 37/8730 | P 37/8897 | ||
P 37/8651 | P 37/8842 | P 37/8898 | ||
P 37/8652 | P 37/8843 | P 37/8899 | ||
P 37/8653 | P 37/8845 | P 37/8900 | ||
P 37/8657 | P 37/8846 | P 37/8905 | ||
P 37/8659 | P 37/8847 | P 37/8922 | ||
P 37/8784 | P 37/8848 | P 37/8928 | ||
P 37/8785 | P 37/8849 | P 37/8936 | ||
P 37/8788 | P 37/8850 | P 37/8937 | ||
P 37/8789 | P 37/8851 | P 37/8938 | ||
P 37/8790 | P 37/8852 | P 37/8947 | ||
P 37/8794 | P 37/8853 | P 37/8948 | ||
P 37/8795 | P 37/8854 | P 37/9033 | ||
P 37/8811 | P 37/8855 | P 37/9043 | ||
P 37/8812 | P 37/8856 | P 37/9047 | ||
P 37/8814 | P 37/8857 | P 37/9050 | ||
P 37/8820 | P 37/8858 | P 37/9051 | ||
P 37/8821 | P 37/8859 | P 37/9052 | ||
P 37/8822 | P 37/8860 | P 37/9053 | ||
P 37/8823 | P 37/8861 | P 37/9054 | ||
P 37/8824 | P 37/8862 | P 37/9055 | ||
P 37/8825 | P 37/8863 | P 37/9056 | ||
P 37/8826 | P 37/8864 | P 37/9057 | ||
P 37/8827 | P 37/8865 | P 37/9058 | ||
P 37/8828 | P 37/8866 | P 37/9059 | ||
P 37/8830 | P 37/8868 | P 37/9060 | ||
P 37/8831 | P 37/8869 | P 37/9061 | ||
P 37/8832 | P 37/8871 | P 37/9063-S | ||
P 37/8833 | P 37/8872 | P 37/9064 | ||
P 37/8834 | P 37/8873 | P 37/9065 | ||
P 37/8835 | P 37/8874 | P 37/9071 | ||
P 37/8836 | P 37/8876 | P 37/9072 | ||
P 37/8837 | P 37/8980 | P 37/9073 | ||
P 37/8838 | P 37/8981 | P 37/9074 | ||
P 37/8839 | P 37/8982 | P 37/9075 | ||
P 37/8840 | P 37/8983 | P 37/9076 | ||
P 37/8949 | P 37/8984 | P 37/9077 | ||
P 37/8950 | P 37/8985 | P 37/9078 | ||
P 37/8951 | P 37/8986 | P 37/9079 | ||
P 37/8952 | P 37/8987 | P 37/9095 | ||
P 37/8953 | P 37/8988 | P 37/9096 | ||
P 37/8954 | P 37/8989 | P 37/9097 | ||
P 37/8955 | P 37/8990 | P 37/9100 | ||
P 37/8956 | P 37/8991 | P 37/9198 | ||
P 37/8957 | P 37/8992 | P 37/9199 | ||
P 37/8958 | P 37/8993 | P 37/9200 | ||
P 37/8959 | P 37/8994 | P 37/9201 | ||
P 37/8960 | P 37/8995 | P 37/9202 | ||
P 37/8961 | P 37/8996 | P 37/9203 | ||
P 37/8962 | P 37/8997 | P 37/9204 | ||
P 37/8963 | P 37/8998 | P 37/9205 | ||
P 37/8964 | P 37/8999 | P 37/9206 | ||
P 37/8965 | P 37/9000 | P 37/9207 | ||
P 37/8966 | P 37/9001 | P 37/9208 | ||
P 37/8967 | P 37/9002 | P 37/9209 | ||
P 37/8968 | P 37/9003 | P 37/9210 | ||
P 37/8969 | P 37/9004 | P 37/9211 | ||
P 37/8970 | P 37/9005 | P 37/9212 | ||
P 37/8971 | P 37/9006 | P 37/9213 | ||
P 37/8972 | P 37/9007 | P 37/9214 | ||
P 37/8973 | P 37/9008 | P 37/9215 | ||
P 37/8974 | P 37/9009 | P 37/9216 | ||
P 37/8975 | P 37/9010 | P 37/9217 | ||
P 37/8976 | P 37/9157 | P 37/9218 | ||
P 37/8977 | P 37/9158 | P 37/9219 | ||
P 37/8978 | P 37/9159 | P 37/9220 | ||
P 37/8979 | P 37/9160 | P 37/9221 | ||
P 37/9101 | P 37/9161 | P 37/9222 | ||
P 37/9102 | P 37/9162 | P 37/9223 | ||
P 37/9109 | P 37/9163 | P 37/9224 | ||
P 37/9110 | P 37/9164 | P 37/9225 | ||
P 37/9119 | P 37/9165-S | P 37/9226 | ||
P 37/9122 | P 37/9167 | P 37/9227 | ||
P 37/9123 | P 37/9168 | P 37/9339 | ||
P 37/9124 | P 37/9169 | P 37/9340 | ||
P 37/9125 | P 37/9170 | P 37/9341 | ||
P 37/9126 | P 37/9178 | P 37/9342 | ||
P 37/9127 | P 37/9179 | P 37/9343 | ||
P 37/9128 | P 37/9182 | P 37/9344 | ||
P 37/9129 | P 37/9183 | P 37/9345 | ||
P 37/9130 | P 37/9184 | P 37/9349 | ||
P 37/9131 | P 37/9185 | P 37/9351 | ||
P 37/9132 | P 37/9186 | P 37/9352 | ||
P 37/9138 | P 37/9187 | P 37/9353 | ||
P 37/9139 | P 37/9188 | P 37/9354 | ||
P 37/9140 | P 37/9189 | P 37/9355 | ||
P 37/9141 | P 37/9190 | P 37/9356 | ||
P 37/9142 | P 37/9191 | P 37/9357 | ||
P 37/9146 | P 37/9192 | P 37/9358 | ||
P 37/9147 | P 37/9193 | P 37/9359 | ||
P 37/9148 | P 37/9194 | P 37/9360 | ||
P 37/9149 | P 37/9195 | P 37/9361 | ||
P 37/9150 | P 37/9196 | P 37/9362 | ||
P 37/9151 | P 37/9197 | P 37/9364 | ||
P 37/9152 | P 37/9288 | P 37/9365 | ||
P 37/9153 | P 37/9289 | P 37/9366 | ||
P 37/9154 | P 37/9290 | P 37/9373 | ||
P 37/9155 | P 37/9291 | P 37/9375-S | ||
P 37/9229 | P 37/9296 | P 37/9376-S | ||
P 37/9230 | P 37/9297 | P 37/9377-S | ||
P 37/9231 | P 37/9298 | P 37/9378-S | ||
P 37/9232 | P 37/9299 | P 37/9379-S | ||
P 37/9234 | P 37/9300 | P 37/9436 | ||
P 37/9235 | P 37/9301 | P 37/9437 | ||
P 37/9236 | P 37/9302 | P 37/9442 | ||
P 37/9237 | P 37/9303 | P 37/9443 | ||
P 37/9239 | P 37/9304 | P 37/9444 | ||
P 37/9249 | P 37/9310 | P 37/9445 | ||
P 37/9250 | P 37/9312 | P 37/9446 | ||
P 37/9251 | P 37/9319 | P 37/9450 | ||
P 37/9252 | P 37/9320 | P 37/9451 | ||
P 37/9254 | P 37/9321 | P 37/9452 | ||
P 37/9255 | P 37/9322 | P 37/9453 | ||
P 37/9257-S | P 37/9323 | P 37/9454 | ||
P 37/9258-S | P 37/9324 | P 37/9455 | ||
P 37/9259 | P 37/9325 | P 37/9456 | ||
P 37/9260 | P 37/9228 | P 37/9457 | ||
P 37/9261 | P 37/9338 | P 37/9458 | ||
P 37/9264 | P 37/9390 | P 37/9459 | ||
P 37/9267 | P 37/9391 | P 37/9461 | ||
P 37/9268 | P 37/9392 | P 37/9466 | ||
P 37/9270 | P 37/9393 | P 37/9467 | ||
P 37/9271 | P 37/9394 | P 37/9468 | ||
P 37/9281 | P 37/9395 | P 37/9469 | ||
P 37/9282 | P 37/9396 | P 37/9470 | ||
P 37/9283 | P 37/9397 | P 37/9471 | ||
P 37/9284 | P 37/9398 | P 37/9472 | ||
P 37/9286 | P 37/9399 | P 37/9473 | ||
P 37/9287 | P 37/9400 | P 37/9474 | ||
P 37/9326 | P 37/9401 | P 37/9475 | ||
P 37/9327 | P 37/9402 | P 37/9476 | ||
P 37/9328 | P 37/9403 | P 37/9479 | ||
P 37/9329 | P 37/9404 | P 37/9480 | ||
P 37/9330 | P 37/9405 | P 37/9481 | ||
P 37/9331 | P 37/9406 | P 37/9487 | ||
P 37/9332 | P 37/9407 | |||
P 37/9333 | P 37/9408 | |||
P 37/9334 | P 37/9409 | |||
P 37/9335 | P 37/9410 | |||
P 37/9336 | P 37/9411 | |||
P 37/9337 | P 37/9413 | |||
P 37/9380 | P 37/9418 | |||
P 37/9381 | P 37/9419 | |||
P 37/9382 | P 37/9420 | |||
P 37/9383 | P 37/9423 | |||
P 37/9384 | P 37/9424 | |||
P 37/9385 | P 37/9426 | |||
P 37/9386 | P 37/9438 | |||
P 37/9387 | P 37/9439 | |||
P 37/9388 | ||||
P 37/9389 | ||||
Tenement ID | ||||
P 37/9488 | P 40/1439 | |||
P 37/9491 | P 40/1464 | |||
P 37/9492 | P 40/1474 | |||
P 37/9497 | P 40/1521 | |||
P 37/9498 | P 40/1525 | |||
P 37/9499 | P 40/1526 | |||
P 37/9505 | ||||
P 37/9506 | ||||
P 37/9507 | ||||
P 37/9508 | ||||
P 37/9509 | ||||
P 37/9510 | ||||
P 37/9511 | ||||
P 39/5456 | ||||
P 39/5623 | ||||
P 39/5859 | ||||
P 39/5860 | ||||
P 39/5927 | ||||
P 39/6147-S | ||||
P 39/6148-S | ||||
P 39/6149-S | ||||
P 39/6152 | ||||
P 39/6161 | ||||
P 39/6162 | ||||
P 39/6163 | ||||
P 39/6174 | ||||
P 39/6175 | ||||
P 39/6226 | ||||
P 39/6227 | ||||
P 39/6231 |
(a) The following petroleum interests granted under the Petroleum and Geothermal Energy Resources Act 1967 (WA) or the Petroleum Pipelines Act 1969 (WA) and the rights and interests of the holders from time to time of those petroleum interests:
(i) Petroleum Pipeline Licence(s)
Tenement ID | Description |
PL 48 | Petroleum Pipelines Act 1969 (WA) |
PL 65 | Petroleum Pipelines Act 1969 (WA) |
PL 36 | Petroleum Pipelines Act 1969 (WA) |
PL 115 | Petroleum Pipelines Act 1969 (WA) |
PL 118 | Petroleum Pipelines Act 1969 (WA) |
PL 24 | Petroleum Pipelines Act 1969 (WA) |
PL 76 | Petroleum Pipelines Act 1969 (WA) |
PL126 | Petroleum Pipelines Act 1969 (WA) |
Tenure ID | Description |
PL 24 | Petroleum Pipelines Act 1969 (WA) and Goldfields Gas Pipeline Agreement Act 1994 (WA) |
F924685 | Easement to the State of Western Australia as amended and ratified by the Goldfields Gas Pipeline Agreement Act 1994 (WA). Registered 10 July 1995 |
11. Access to Mining Tenements and Petroleum Interests
(a) Without limiting the operation of any other clause in this Schedule Six, but subject to clause 11(b) below, any rights of the holders from time to time of a mining tenement or petroleum interest, including those listed in clauses 9 and 10 of this Schedule Six, to use (including by servants, agents and contractors) such portions of roads and tracks in the Determination Area existing as at the date of this determination as are necessary to access the area the subject of the mining tenement or petroleum interest for the purposes of exercising the rights granted by that tenement or interest.
(b) Nothing in clause 11(a) above allows any upgrade, extension, widening or other improvement to the road or track other than work done to maintain it in reasonable repair and in order to leave it in substantially the same condition as it was prior to its use pursuant to clause 11(a).
(c) Nothing in this Schedule Six will limit the rights of the holders from time to time of mining tenements or petroleum interests, including those referred to in clauses 9 and 10 of this Schedule Six, including any existing right to exclude members of the public from entering onto the land and waters the subject of any mining tenement or petroleum interest.
12. Telstra Corporation Limited
The rights and interests of Telstra Corporation Limited (ACN 051 775 556), its related bodies corporate and successors in title:
(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 telecommunications 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 telecommunications 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.
13. Other
The following rights and interests in the Determination Area:
(a) Rights and interests, including licences and permits, granted by the Crown in right of the State or of the Commonwealth pursuant to statute or otherwise in the exercise of its executive power and any regulations made pursuant to such statutes;
(b) Rights and interests held by reason of the force and operation of the laws of the State or of the Commonwealth including the Rights in Water and Irrigation Act 1914 (WA);
(c) Rights and interests of members of the public arising under the common law, including but not limited to:
(i) the public right to fish;
(ii) the public right to navigate; and
(iii) the right of any person to use and enjoy any roads in the Determination Area (subject to the laws of the State) over which, as at the date of this determination, members of the public have a right of access under the common law;
(d) The right to access the Determination Area by:
(i) an employee, agent or instrumentality of the State;
(ii) an employee, agent or instrumentality of the Commonwealth; or
(iii) an employee, agent or instrumentality of any local government authority,
as required in the performance of his or her statutory or common law duty, including for the purpose of pest management control and fire hazard management on areas of unallocated Crown land;
(e) So far as confirmed pursuant to section 212(2) of the Native Title Act and section 14 of the Titles Validation Act as at the date of this determination, any existing public access to and enjoyment of:
(i) waterways;
(ii) beds and banks or foreshores of waterways;
(iii) stock routes; and
(iv) areas that were public places at the end of 31 December 1993;
(f) Any other:
(i) legal or equitable estate or interest in the land or waters of the Determination Area; or
(ii) right (including a right under an option and a right of redemption), charge, power or privilege over, or in connection with:
(A) the land or waters of the Determination Area; or
(B) an estate or interest in the land or waters of the Determination Area; or
(iii) restriction on the use of the land or waters of the Determination Area, whether or not annexed to other land or waters.
(a) Those Aboriginal people who are recognised under traditional law and custom as having rights in some or all of the Determination Area on one or more of the following bases:
(i) biological and/or socially recognised descent from one or more of the owners, under traditional law and custom, of some or all of the Determination Area at the time of non-Aboriginal settlement;
(ii) their own or an ancestor's birth on the Determination Area;
(iii) their own or an ancestor's long association with the Determination Area; or
(iv) the holding of religious, sacred or ritual authority under traditional law and custom for one or more places on the Determination Area.
(b) The descendants of the following ancestors are recognised under traditional law and custom as having rights in some or all of the Determination Area under categories (i) and (ii) above:
(i) Majika mother's mother of Telpha Ashwin, Jumbo Harris and Kweelah;
(ii) Siblings Peter Inkie, Jilyu Fanny and Titjipu – Peter Foley;
(iii) Billy and his two wives Mary Ann and Mary parents of Daisy Cordella, Maggie (aka Wilgie), Julia aka Mundai, Amy aka Jinan Rex, Annie, Maniwa and Winnie;
(iv) Inyarndi mother of Big Paddy Wheelbarrow, Little Paddy Wheelbarrow and Jimmy Wheelbarrow;
(v) Ruby Shea;
(vi) Siblings Andy Fisher and Natha;
(vii) Siblings Beaman aka Charlie, Thadi and Dinah Evans;
(viii) Nobby Nixon and his sister Milibindi;
(ix) Mary Naringa;
(x) Queenie Swan;
(xi) Sarah Ashwin nee Brown (Marakali); and
(xii) Minnie Narrier.
BROMBERG J:
1 The parties have sought a consent determination under the Native Title Act 1993 (Cth) (NTA) determining that:
(i) native title exists over the lands and waters detailed in Schedule 1 (Determination Area) to the Orders which accompany these reasons (“Orders”); and
(ii) the native title in the Determination Area is held by the native title holders (the Darlot native title holders) identified in Schedule 7 to the Orders.
2 The Determination Area, depicted in the maps found in Schedule 2 to the Orders, is bounded by the Tjiwarl and Kultju determinations of native title to the north-west and north, respectively: see Narrier v State of Western Australia (No 2) [2017] FCA 104 (Mortimer J) and Sceghi on behalf of the Kultju Native Title Claim Group v State of Western Australia [2019] FCA 1756 (Colvin J). The Tjalkadjara and Waturta native title determination applications abut the Determination Area to the east, and the Nyalpa Pirniku native title determination application abuts the Determination Area to the south-east: see Federal Court of Australia proceedings WAD 597/2018, WAD 297/2018 and WAD 91/2019.
3 Freehold titles, reserves, pastoral leases and mining tenements cover a large portion of the Determination Area. There are some areas of unallocated Crown land where s 47B of the NTA has been agreed to apply. There are also some reserve areas where s 47A of the NTA has been agreed to apply. These areas and interests are described in Schedules 3, 5 and 6 to the Orders.
4 The Darlot native title holders that the proposed consent determination will recognise are commonly referred to as the “Darlot Mob”. Those persons take their contemporary group name from the ephemeral Lake Darlot and the abandoned town of Darlot, also known as Woodarra, located in the central-northern part of the Determination Area. The Darlot Mob follow a system of traditional law and custom shared with other members of what is commonly called the “Western Desert Cultural Bloc” (WDCB). The antecedents of many of the Darlot native title holders were members of an amalgamated group of persons many of Tjupan-Pini ancestry and others of Koara ancestry which formed in or about the early 1920s in the Darlot area. There are two Western Desert dialects associated with the Determination Area – Tjupan spoken by the Tjupan-Pini and Baduwonga spoken by the Koara.
5 Many of the Darlot native title holders and their ancestors were claimants in prior determination applications. Harrington-Smith on behalf of the Wongatha People v State of Western Australia (No 9) [2007] FCA 31 concerned a far wider application for the determination of native title broadly covering the Western Australian Goldfields Region. Ashwin on behalf of the Wutha People v State of Western Australia (No 4) [2019] FCA 308 concerned an application in relation to lands and waters to the north of the Determination Area. Both claims were unsuccessful.
6 To a significant extent those failed applications reflect the peculiar difficulties that claimants face demonstrating connection with the lands and waters of the Goldfields Region. In this region of Western Australia, wholesale dislocation, upheaval and untold misery was inflicted upon its Aboriginal inhabitants by the invasion of tens of thousands of non-Aboriginal prospectors who occupied the region during the gold rushes of 1890s.
7 In that context, it is particularly momentous for the Court to pronounce that, for the reasons which follow, this application has succeeded and that it is appropriate for the Court to make the Orders and the native title determination which all parties have agreed should be made.
THE PARTIES AND SUPPORTING MATERIALS
8 The native title determination application is made by June Harrington-Smith, Verna Vos, Pearl Scott, Wayne Smith, Murray Harris, Maria Meredith, James Calyun, Dorothy Cooper and Joan Tucker (collectively the applicant).
9 The respondents to the application are:
(i) the State of Western Australia (State);
(ii) the Commonwealth of Australia;
(iii) the Shire of Laverton;
(iv) the Shire of Leonora;
(v) the Shire of Menzies;
(vi) SO4 Fertiliser Developments Pty Ltd;
(vii) Southern Cross Pipelines (NPL) Australia Pty Ltd;
(viii) Southern Cross Pipelines Australia Pty Ltd;
(ix) St Barbara Ltd;
(x) Two Lake Developments Pty Ltd;
(xi) Ulysses Mining Pty Ltd;
(xii) Weebo Exploration Pty Ltd;
(xiii) Agnew Gold Mining Company Pty Ltd;
(xiv) Alinta Energy GGT Pty Ltd;
(xv) APA Operations Pty Ltd;
(xvi) Australian Pipeline Ltd;
(xvii) BHP Nickel West Pty Ltd;
(xviii) Giard Pty Ltd;
(xix) Kin Mining NL;
(xx) Minara Pastoral Holdings Pty Ltd;
(xxi) Murrin Murrin Operations Pty Ltd; and
(xxii) Telstra Corporation Ltd.
10 The application is supported by the following materials:
(i) The Substituted Native Title Determination Application – Claimant Application (Form 1) filed on 28 April 2021 (Darlot Application);
(ii) a minute signed by each party to the proceeding of proposed consent orders and determination of native title filed on 20 April 2022 (Minute);
(iii) an affidavit of Ms Kelsi Morgan Joan Forrest, Solicitor, sworn on 14 December 2021 (First Forrest affidavit);
(iv) a second affidavit of Ms Kelsi Morgan Joan Forrest, Solicitor, sworn on 19 April 2022;
(v) a third affidavit of Ms Kelsi Morgan Joan Forrest, Solicitor, sworn on 2 May 2022 (Third Forrest affidavit); and
(vi) the joint submission of the applicant and the State filed on 19 April 2022 (Joint Submission).
THE PROCEDURAL BACKGROUND
11 The applicant initially filed its determination application on 10 April 2018. The Native Title Registrar of the National Native Title Tribunal was not satisfied that the initial form of the application met all of the conditions of ss 190B–190C of the NTA (registration test). Various amendments were made to the determination application, and a number of further iterations of the application were filed in the period 2018 to 2021 which also did not meet the registration test. A third further amended application titled “Substituted Native Title Determination Application” was filed on 28 April 2021. On 9 July 2021 a delegate of the Native Title Registrar decided that the Darlot Application satisfied the registration test and that the claim may be accepted for registration and entered into the Register of Native Title Claims. Notice was given by the Native Title Registrar under s 66 of the NTA and the closing date for the notification period was 28 October 2020.
12 A number of mediations were convened by a Registrar of this Court after the determination application was first filed with the Court. Mediation between the applicant and neighbouring native title determination applicants resulted in an agreement being reached between the parties to remove various overlaps. The applicant reached agreements of this nature with the Marlinyu Ghoorlie (WAD 647/2017) applicant, the Tjalkadjara (WAD 597/2018) applicant, and the Nyalpa Pirniku (WAD 91/2019) applicant.
13 Pursuant to my orders of 16 September 2021, mediation also occurred between the applicant and the applicant in the Jardu Mar (WAD 4/2021) native title determination application (Jardu Mar Claim). The overlap between the Darlot Application and the Jardu Mar Claim was resolved by my dismissal of the Jardu Mar Claim on 4 February 2022 pursuant to s 190F(6) of the NTA in Dimer on behalf of the Jardu Mar People v State of Western Australia [2022] FCA 64.
14 On 30 August 2021, I made orders in relation to a number of additional persons coming forward to assert native title rights and interests in the Determination Area, and referred such persons to mediation. Subsequently, seven individuals made applications to be joined as a respondent to the Darlot Application. On 16 February 2022 I dismissed those applications for the reasons set out in Harrington-Smith on behalf of the Darlot Native Title Claim Group v State of Western Australia [2022] FCA 114 (Joinder Decision).
15 Native Title Services Goldfields (NTSG) were joined as a respondent party to the Darlot Application during the notification period for the claim. Following the Joinder Decision, on 23 February 2022, NTSG provided written notice to the Court under s 84(6) of the NTA that it wished to cease to be a party to the proceeding. NTSG ceased to be a respondent on 24 February 2022.
16 In the Joint Submission the parties noted that the resolution of the above issues enabled a consent determination of native title to proceed over the entirety of the land and waters covered by the Darlot Application.
17 As the First Forrest affidavit deposes, at a meeting held on 13 December 2021 in Kalgoorlie, the native title claim group agreed to the resolution of the Darlot Application by consent and authorised the applicant to do all things necessary to ensure that a consent determination was achieved broadly in the terms of the Minute. Subsequently, all parties to the proceeding have executed the Minute and it was filed on 20 April 2022.
THE REQUIREMENTS OF S 87 OF THE NTA
18 For a determination of native title to be made pursuant to s 87 of the NTA by consent without holding a hearing, the following requirements must be satisfied:
(i) The notification period specified in the notice given under s 66 of the NTA has ended (s 87(1));
(ii) The parties have reached agreement on the terms of orders relating to the proceedings, and matters arising out of those terms (s 87(1)(a) and (aa));
(iii) The parties have reduced their agreement to writing, the agreement has been signed by or on behalf of the parties, and it has been filed with the Court (s 87(1)(b));
(iv) The Court is satisfied that an order in, or consistent with, those terms is within the power of the Court (s 87(1)(c)); and
(v) It appears appropriate to the Court to make an order consistent with the terms of the order sought (ss 87(1A) and 87(2)).
19 I am satisfied that all of the above requirements are met in the present application. As set out above, the notification period for the Darlot Application ended on 28 October 2020 (s 87(1)). The Minute is an agreement by all of the parties on the terms of an order of the Court in relation to the proceedings (s 87(1)(a) and (aa)). The Minute is in writing, has been signed by the parties or on their behalf and was filed with the Court (s 87(1)(b)).
20 In order to be satisfied that the orders sought are within the power of the Court, consideration must be given to other requirements made by the NTA. For the following reasons I am also satisfied that the proposed order and the terms of the proposed determination are within the Court’s power to make (s 87(1)(c)):
(i) There is no challenge to the validity of the application for a consent determination. I am satisfied on the basis of the First Forrest Affidavit at [12]-[19] and the Joint Submission that the application was authorised in a manner compliant with the NTA, is a valid application and that the applicant is authorised to have agreed to the Minute;
(ii) There is no approved determination of native title in relation to the area subject to the proposed determination (s 13(1)(a) of the NTA), and the terms of s 68 of the NTA are not applicable;
(iii) There are no proceedings before the Court relating to native title determination applications that cover any part of the area the subject of the proposed determination which would otherwise require orders to be made under s 67(1) of the NTA;
(iv) The form of the proposed determination outlined in the Minute complies with s 94A of the NTA by setting out the details of the matters required by s 225 of the NTA;
(v) The proposed determination concerns rights and interests which the Australian common law is able to recognise (s 223(1)(c)); and
(vi) The requirements of s 87 of the NTA are otherwise satisfied.
21 I turn now to consider whether the proposed order is appropriate (s 87(1A) and 87(2)).
Whether it is appropriate to make the orders sought
The Applicable Principles
22 The requirement that the Court be satisfied that the order is “appropriate” is present in both ss 87 and 87A. The applicable principles are the same.
23 I set out my consideration of what the Court requires in order to be satisfied that the order is “appropriate” in Davey on behalf of the Mayala #2 Native Title Claim Group v State of Western Australia [2019] FCA 1137 as follows:
[14] As I said in Jones on behalf of the Yinhawangka People v State of Western Australia [2017] FCA 801 at [45], the focus of the Court is upon determining whether there is an agreement between the parties and whether that agreement was freely entered into on an informed basis: Hughes (on behalf of the Eastern Guruma People) v State of Western Australia [2007] FCA 365 at [9] (Bennett J). As observed by North J in Ward v State of Western Australia [2006] FCA 1848 at [8]:
The Act makes mediation the primary means of resolution of native title cases. It is designed to encourage parties to take responsibility for resolution of proceedings without the need for litigation. Section 87 must be construed in this context. The section provides a power which is exercisable only when an agreement has been made. The power must be exercised flexibly and with regard to the purpose for which the section is designed. The section should not be construed to require parties in agreement to produce evidence as if in a trial …
[15] I also said in Jones at [44] that in determining where it is appropriate to make the determination sought by the parties, the Court exercises a discretion that must be exercised judicially and within the broad boundaries ascertained by reference to the subject matter, scope and purpose of the NTA: Brown (on behalf of the Ngarla people) v State of Western Australia [2007] FCA 1025 at [22] (Bennett J).
[16] Like Mortimer J in Freddie v Northern Territory [2017] FCA 867 at [20], I accept that it is also important to see the exercise of the judicial power in ss 87 and 87A of the NTA in the context of the Court’s jurisdiction as a whole, and its foundational legislation, the Federal Court of Australia Act 1976 (Cth), and in particular s 37M and s 37N of that Act.
[17] Further, in Brown v Northern Territory of Australia [2015] FCA 1268 at [23], in describing the task to be undertaken by the Court, Mansfield J said this:
The Court is not required to embark upon an inquiry as to the merits of the claim to be itself satisfied that the orders are supported and in accordance with law: Cox on behalf of the Yungngora People v State of Western Australia [2007] FCA 588 at [3] per French J. However, the Court will consider evidence for the limited purpose of determining whether the State has made a rational decision and is acting in good faith: Munn for and on behalf of the Gunggari People v State of Queensland (2001) 115 FCR 109 at [29]-[30] per Emmett J.
[18] The State has a public responsibility to ensure that its agreement to the order proposed is in the interests of the community it represents. That responsibility involves, but it is not limited to, satisfaction by the State that there is a sufficient basis for concluding that the proposed determination is capable of satisfying the requirements of s 225 of the Native Title Act. As Mortimer J said in Freddie:
23. …A s 87 agreement may be reached on behalf of the State (or Territory), and other parties, without the level of proof required in a contested application. Inherent in parties’ agreement to resolve claims by settlement rather than litigation, as in other areas of the law, is a willingness to abide by an outcome without the exhaustive and detailed investigation that accompanies a trial of contested issues of fact and law. The public interest in an outcome of this kind is considerable: see Prior on behalf of the Juru (Cape Upstart) People v State of Queensland (No 2) [2011] FCA 819 at [26], Rares J.
24. The Court is entitled to rely on the processes established by a State (or Territory) for the assessment of claims to native title and, without abdicating its task of determining that the matters set out in s 225 are present in a particular application, is entitled to proceed on the basis the State (or Territory) has made a reasonable and rational assessment of the material to which it has access in deciding to enter into a s 87 agreement: see, in relation to a similar point with respect to s 223 of the Act, King on behalf of the Eringa Native Title Claim Group and the Eringa No 2 Native Title Claim Group v State of South Australia [2011] FCA 1387 at [21] (Keane CJ).
24 The requirements of s 87(2) of the NTA will likely be met where the Court is satisfied that a relevant government respondent – such as the State – has, through competent legal representation, satisfied itself as to the cogency of the evidence upon which an applicant relies: Jones on behalf of the Yinhawangka People v State of Western Australia [2017] FCA 801 at [46] (Bromberg J). This requires the Court to have an understanding of the process that led to agreement, and in particular how the State (or Territory) went about assessing the underlying evidence as to the existence of native title. Other considerations relevant to whether a free and informed agreement has been reached between the parties include: whether the parties have independent and competent legal representation: Munn (for and on behalf of the Gunggari people) v Queensland (2001) 115 FCR 109 at [29] (Emmett J); Lovett on behalf of the Gunditjmara People v Victoria [2007] FCA 474 at [39]–[40] (North J); whether the terms of the proposed order are unambiguous and certain as to the rights declared: Munn at [32] (Emmett J); and whether the agreement has been preceded by a mediation process: Nangkiriny v Western Australia [2004] FCA 1156 at [6] (North J); Trevor Close on behalf of the Githabul People v Minister for Lands [2007] FCA 1847 at [6] (Branson J) and Lovett at [41]-[42] (North J).
Assessment of Connection to Country
25 The applicant provided the State with the following material in support of the Darlot native title claimants’ connection to, and occupation of, the Darlot claim area:
(i) an anthropological report of Dr Daniel Vachon dated July 2020;
(ii) a second anthropological report of Dr Daniel Vachon dated November 2020;
(iii) a third anthropological report of Dr Daniel Vachon dated February 2021;
(iv) an affidavit of Ms Geraldine Hogarth dated 13 August 2021;
(v) an affidavit of Mr Travis Tucker dated 13 August 2021;
(vi) an affidavit of Ms Joan Carol Tucker dated 22 September 2021;
(vii) an affidavit of Ms Pearl Scott dated 24 September 2021;
(viii) an affidavit of Ms June Harrington-Smith dated 24 September 2021; and
(ix) an affidavit of Ms Verna Voss dated 24 September 2021
(collectively, the Connection Material).
26 The Joint Submission explained that the applicant and the State adopted an iterative process for dealing with the Connection Material where meetings where held, and correspondence exchanged between the provision of each anthropological report so that each supplementary report was targeted towards addressing remaining issues identified by the State.
27 In addition to the Connection Material, the applicant provided the State with earlier anthropological reports in relation to the Darlot Application prepared by Professor Neale Draper and Dr Brendan Corrigan. Anthropological reports by Dr Heather Lynes and Ms Sarah Bell, and Dr Vachon’s responses to the content of those reports, were also considered by the State during the connection assessment process.
28 The Connection Material as outlined in the Joint Submission, supports the conclusion that the native title rights and interests in the Determination Area are derived from a body of traditional laws and customs maintained and transmitted from generation to generation since prior to the declaration of British sovereignty in Western Australia in 1829. Effective sovereignty in the Determination Area occurred between 1890-1905, reflecting the first gold rush in the region.
29 As the Joint Submission states, the Darlot native title holders like their ancestors, are members of the Western Desert society and follow the system of traditional laws and customs that is shared with other members of the WDCB. This society is characterised by ‘multiple pathways’ to acquiring rights and interests in land and waters and the fundamental importance of thukurr in governing societal and political relations between its members.
30 The Darlot native title holders hold rights and interests in the Determination Area under their system of traditional law through the ‘multiple pathways’ system of the WDCB. Birth within the claim area and/or descent from an ancestor born on the claim area are the principal sources from which rights and interests in the Determination Area are derived. However, there are other avenues through which people gain rights in country, most notably long-term association with the Determination Area and responsibility for its religious geography that are recognised in accordance with traditional laws and customs.
31 By reference to the Connection Material, the Joint Submission states that the Darlot people share with their neighbours to the north and east a belief in the thukurr. Observance of the thukurr requires the Darlot claimants to maintain and protect significant sites in the Determination Area including places imbued with spiritual or cosmological significance. Such places include birth and burial places of the claimants’ forebears as well as important thukurr sites, and law grounds of various kinds. It is common for important thukurr locations to be associated with age and gender prohibitions which highlight the importance accorded to transmission of cultural knowledge and ongoing respect for the traditions held by the senior generation.
32 Further, as the Joint Submission recounts, the word thukurr, what the eminent anthropologist Ronald Berndt called the ‘physiographic mythology', has been found to be a key cultural concept for people throughout the Western Desert, including the Darlot people. Among the Darlot people, thukurr has both an ontological and aetiological role in the origin and emergence of geographic forms. Dr Vachon identified that of the several thukurr known to the Darlot native title holders as being associated with the Determination Area, two stand out: Wati Kutharra and Kumpuwarn. Wati Kutharra is a narrative, song-line and part of those ceremonies which are directed at the transmission of knowledge and socialisation of men. One of the key cultural practices among the Darlot Mob, introduced by Wati Kutharra, concern the rites of male initiation. Kumpuwarn is regarded as ‘women’s business’ and it concerns the regeneration of the land through the flow of water. As the Joint Submission stated, both thukurr concern traditions and practices directed towards the ongoing vitality of the Darlot Mobs’ land and their society as they know it. They also circumscribe the cultural geography of the claim area to a considerable extent.
33 As the Joint Submission contend by reference to the Connection Material, for the Darlot native title holders, an apical ancestor's customary lands or ‘country’, that is, that area to which an apical ancestor has rights and interests according to traditional laws and customs, is generally referred to as their ngurra. This is a complex relationship, described by Dr Vachon as follows:
One’s ngurra is as much an accomplishment as what might be considered an inheritance. Along with birthplace, other indeterminate bases of land-ownership are tied to culturally-privileged life-cycle events. These include: early life on the land, area of habitual occupation, initiation and acquisition of cultural knowledge, and place of death.
34 Through the multiple pathways system, an individual has rights to his or her own country in the Determination Area and this local connection accords such persons membership of the Darlot Mob and therefore shared rights in the entire Determination Area.
35 Dr Vachon identified both the provenance of the Darlot Mob and their unity as a group is the following observations:
In summary, the antecedents of the claimants were members of an amalgamated group of regularly-interacting consociates that was formed in about the early 1920's in the Darlot area. For some, known as Tjupan-Pini, their ngurra extended into the claim area at the time of sovereignty. For others, often called Koara, they originated from adjacent lands to the east and their ngurra came to be regarded as being within the claim area. The descendants of these people, often called the Darlot Mob, comprise the present claimant group. Along with the Darlot Mob, a number of initiated men married local woman [sic] of the Darlot area and took on rights and responsibilities in regard to the Law. All of these men are deceased and their rights were non-transmissible.
…
A strong emotional bond was created between the claimants as they were growing up and mamarli. As Verna Voss put it: ‘My heart melts when I think of those old people. They were around us; we were part of them, even though we weren’t initiated men’. In my opinion, the unity of the claimants as a group arises, in part, from a common sentiment towards mamarli and to the ‘Law’ these senior men ‘looked after’ on behalf of succeeding generations.
36 In the Joint Submission, the applicant and the State submitted that it was appropriate for the Court to make the determination they sought on the following basis:
(i) Throughout the case and the case management process, including the consent determination negotiation process, the applicant and the State have been legally represented.
(ii) The State has played an active role in the negotiation of the proposed consent determination. In doing so, the State, acting on behalf of the community generally, having regard to the requirements of the NTA and through a rigorous and detailed assessment process, has satisfied itself that the consent determination is justified in all of the circumstances.
(iii) The Connection Material provided to the State is, in the State’s view, sufficient to demonstrate that the Darlot Application has a credible basis and that the native title claimants have maintained a physical presence in the Determination Area since the acquisition of British sovereignty. In addition, evidence of their continuing physical and spiritual involvement in the Determination Area was sufficient to enable the State to conclude that this connection had not been severed. Taken together, the State was satisfied that the material presented was sufficient to evidence the maintenance of connection to the Determination Area in accordance with Western Desert traditional law and custom.
(iv) The State conducted searches of land tenure, mining and petroleum registries to determine the nature and extent of “other interests” (under s 225(c) of the NTA) within the Determination Area, and those interests are included in Schedule 6 to the Orders.
37 In addition to the above matters, I would add that the Minute has been negotiated through a case management and mediation process with the assistance of a Registrar of the Court who is experienced in dispute resolution in native title cases.
38 Having regard to the above matters, I am satisfied that the State, acting on behalf of the broader community, has taken a real interest in the proceeding and has engaged in a thorough examination of the application such that it is properly satisfied that there is a credible basis for making the proposed determination. I am therefore satisfied that the proposed order is appropriate and that the requirements made by s 87 of the NTA have been met.
THE DESCRIPTION OF THE DARLOT NATIVE TITLE HOLDERS
39 The Minute proposes the determination of native title in respect of the native title holders described in Schedule 7 to the Orders. The native title holders are described there as:
(a) Those Aboriginal people who are recognised under traditional law and custom as having rights in some or all of the Determination Area on one or more of the following bases:
(i) biological and/or socially recognised descent from one or more of the owners, under traditional law and custom, or some or all of the Determination Area at the time of non-Aboriginal settlement;
(ii) their own or an ancestor’s birth on the Determination Area;
(iii) their own or an ancestor’s long association with the Determination Area; or
(iv) the holding of religious, sacred or ritual authority under traditional law and custom for one or more places on the Determination Area.
(b) The descendants of the following ancestors are recognised under traditional law and custom as having rights in some or all of the Determination Area under categories (i) and (ii) above:
(i) Majika mother’s mother of Telpha Ashwin, Jumbo Harris and Kweelah;
(ii) Siblings Peter Inkie, Jilyu Fanny and Titjipu – Peter Foley;
(iii) Billy and his two wives Mary Ann and Mary parents of Daisy Cordella, Maggie (aka Wilgie), Julia aka Mundai, Amy aka Jinan Rex, Annie, Maniwa and Winnie;
(iv) Inyarndi mother of Big Paddy Wheelbarrow, Little Paddy Wheelbarrow and Jimmy Wheelbarrow;
(v) Ruby Shea;
(vi) Siblings Andy Fisher and Natha;
(vii) Siblings Beaman aka Charlie, Thadi and Dinah Evans;
(viii) Nobby Nixon and his sister Milibindi;
(ix) Mary Naringa;
(x) Queenie Swan;
(xi) Sarah Ashwin nee Brown (Marakali); and
(xii) Minnie Narrier.
40 The Joint Submission identified that the native title holders described in Schedule 7 to the Orders do not precisely align with the native title claim group described in the Darlot Application. The Darlot Application had included the phrase “migration to and” prior to the words “long association” as a basis for holding native title in sub-paragraph (a)(iii) above.
41 The Joint Submission submitted that I should make the determination in the terms proposed in the Minute because the amended description in Schedule 7 to the Orders was the result of additional anthropological consideration; was agreed to by the native title claim group; does not exclude any person said to hold native title rights and interests in the Determination Area, but, rather, ensures that all those who have been identified and accepted as holding native title are accurately captured; and, has been accepted and agreed to by the State.
42 The Court is not limited to making a determination in the form sought in an application for the determination of native title and may proceed to make a determination in such form as it sees fit based on the evidence, provided the application remains valid: see Billy Patch and Others on behalf of the Birriliburu People v State of Western Australia [2008] FCA 944 at [18] (French J); Watson on behalf of the Nyikina Mangala People v State of Western Australia (No 6) [2014] FCA 545 at [33] (Gilmour J) and Jones [2017] FCA 801 at [38] (Bromberg J).
43 For the reasons given by the parties in the Joint Submission, in my view it is appropriate to adopt the description of the native title holders identified in Schedule 7 to the Orders.
NOMINATION OF A PRESCRIBED BODY CORPORATE
44 Where the Court proposes to make a determination that native title exists it must determine whether the native title is to be held in trust and if so by whom: ss 55 and 56(1) of the NTA. The Court may determine that the native title is to be held in trust if the common law holders have given a nomination of the kind referred to in s 56(2)(a) of the NTA.
45 Annexed to the Third Forrest Affidavit was a written notice by a representative of the native title claimants nominating the Watarra Aboriginal Corporation (ICN 9712) incorporated under the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Cth) to be the prescribed body corporate and trustee of the native title on behalf of the native title claimants. At a meeting of the Watarra Aboriginal Corporation’s Board of Directors on 6 April 2022, the directors resolved to accept the nomination to be the prescribed body corporate to hold and manage the native title determined in this proceeding in trust for the native title claimants.
46 It is therefore appropriate to make an order that the Watarra Aboriginal Corporation (ICN 9712) shall hold the determined native title in trust for the Darlot native title holders pursuant to s 56(2)(b) of the NTA.
CONCLUSION
47 I am satisfied that the requirements of the NTA are met and that it is appropriate that the orders and the determination of native title proposed by the parties should be made. Those orders recognise that which has always existed under the traditional laws and customs which govern the Determination Area but, regretfully, has never before been acknowledged by Australian law.
48 I congratulate the parties on reaching their agreement and will make orders in the terms proposed by them.
I certify that the preceding forty-eight (48) numbered paragraphs are a true copy of the Reasons for Judgment of the Honourable Justice Bromberg. |
When interpreting the references in this column:
GG = Government Gazette (followed by the date in day, month, year format, followed by page number)
CMA = Central Mapping Agency
CPP = Cancelled Public Plan
DP = Deposited Plan
D = Document (e.g. Road 165 = Document I60229)
P = Plan
PP = Public Plan
When interpreting the references in this column:
GG = Government Gazette (followed by the date in day, month, year format, followed by page number)
CPP = Cancelled Public Plan
DP = Deposited Plan
When interpreting the references in this column:
GG = Government Gazette (followed by the date in day, month, year format, followed by page number)
CMA = Central Mapping Agency
CPP = Cancelled Public Plan
DP = Deposited Plan
D = Document (e.g. Road 165 = Document I60229)
P = Plan
PP = Public Plan