FEDERAL COURT OF AUSTRALIA

Alvoen on behalf of the Wakaman People v State of Queensland [2023] FCA 953

ORDERS

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

BY CONSENT THE COURT ORDERS THAT:

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

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

BY CONSENT THE COURT DETERMINES THAT:

3.    The determination area is the land and waters described as Lot 2 on Plan LD157, not otherwise excluded by the terms of Schedule 3, and depicted in the map in Schedule 4 (the Determination Area). To the extent of any inconsistency between the written description and the map, the written description prevails.

4.    Native title exists in the Determination Area.

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

6.    Subject to orders 7, 8 and 9 below the nature and extent of the native title rights and interests in relation to the land and waters in the Determination Area are the non-exclusive rights to:

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

(b)    camp, and live temporarily on the area as part of camping, and for that purpose build temporary shelters;

(c)    hunt, fish and gather on the land and waters of the area for personal, domestic and non-commercial communal purposes;

(d)    take Natural Resources from the land and waters of the area for personal, domestic and non-commercial communal purposes;

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

(f)    conduct ceremonies on the area;

(g)    bury Native Title Holders within the area;

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

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

(j)    hold meetings on the area; and

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

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

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

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

8.    The native title rights and interests referred to in order 6 do not confer possession, occupation, use or enjoyment to the exclusion of all others.

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

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

11.    The relationship between the native title rights and interests described in order 6 and the Other Interests described in Schedule 2 is that:

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

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

(c)    the Other Interests and any activity that is required or permitted by or under, and done in accordance with, the Other Interests, or any activity that is associated with or incidental to such an activity, prevail over the native title rights and interests and any exercise of the native title rights and interests.

DEFINITIONS AND INTERPRETATION

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

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

THE COURT DETERMINES THAT:

13.    The native title is held in trust.

14.    The Wakaman Kung Kung Aboriginal Corporation (ICN:9592), incorporated under the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Cth), is to:

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

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

LIST OF SCHEDULES

Schedule 1 – Native Title Holders    vi

Schedule 2 – Other Interests in the Determination Area    vii

Schedule 3 – Areas Not Forming Part of the Determination Area    x

Schedule 4 – Map of Determination Area    xi

SCHEDULE 1 – NATIVE TITLE HOLDERS

1.    The Native Title Holders are the Wakaman People. The Wakaman People are the descendants (including through adoption or raising up in accordance with traditional laws and customs) of one or more of the following people:

(a)    (Alex Chillagoe (father of Bethel Andrews, Jane Wallace, Mildred McLeod and Jessima York);

(b)    Bujulimba (mother of Phil Alpin Snr and grandmother of Phil Alpin Jnr);

(c)    Charlie (father of Larkin aka Larkie Ferguson and Jackie Hackett);

(d)    Geramutami;

(e)    Jaingkali aka Nellie Hackett aka Minnie Chillagoe;

(f)    Jessie Croydon and her son Jerry Croydon;

(g)    Jinnie Denford (mother of Alick Brown and May Ezzy aka May Brown);

(h)    Kandjuldi and Ngululinjeir (parents of Charlie Oak Park aka Charlie Leftbridge);

(i)    Maggie (mother of Charlie Brown and Bob Brown);

(j)    Margaret Maude (mother of Albert Thomas, Louise Malthouse, Maude Ludwick and Agnes Henry);

(k)    Maude Byrne;

(l)    Mick McTavish Snr (father of Jessie Chong and Fred Fulford, and grandfather of Daisy Thomas);

(m)    Micky Atherton aka Micky Cameron Snr (father of Roley Cameron and Micky Atherton Jnr);

(n)    Mitchell Dodd;

(o)    Nellie (mother of Ruby Riley nee Alpin, Phil Alpin Jnr and Herbert Alpin aka Herbert Brown);

(p)    Rosie Rosendale (mother of Leo Rosendale, husband of Elma Marr);

(q)    Spider (father of Maggie and grandfather of Harold Jackson, Jubilee Jackson, Phoebe Jackson and Maggie Fox); or

(r)    William and Emily Fulford (parents of Henry Fulford).

SCHEDULE 2 – OTHER INTERESTS IN THE DETERMINATION AREA

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

1.    The rights and interests of the parties under the following agreement registered on the Register of Land Use Agreements:

(a)    Small Scale Mining & Exploration Activities – Wakaman People ILUA QI2007/036, between John Alvoen, Raelene Madigan, Desmond Bowen, William Thomas and Rhonda Grace Cameron on behalf of the Wakaman People, North Queensland Land Council, North Queensland Miners Association Incorporated and the State of Queensland registered on 25 August 2008.

2.    The rights and interests of the holders of the following leases granted pursuant to the Land Act 1962 (Qld) or Land Act 1994 (Qld):

(a)    rolling term lease PH9/3761 Chillagoe Holding over Lot 2 on Plan LD157 (also known as Crystalbrook Station).

3.    The rights and interests of Mareeba Shire Council (Council):

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

(b)    as the:

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

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

(iii)    party to an agreement with a third party which relates to land or waters in the Determination Area; and

(iv)    holder of any estate or any other interest in land including as trustee of any Reserve, under access agreements and easements that exist in the Determination Area;

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

(i)    undedicated but constructed roads except for those not operated by the Council

(ii)    water pipelines and water supply infrastructure;

(iii)    drainage facilities;

(iv)    watering point facilities;

(v)    recreational facilities;

(vi)    transport facilities;

(vii)    gravel pits operated by the Council;

(viii)    cemetery and cemetery related facilities; and

(ix)    community facilities; and

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

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

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

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

4.    The rights and interests of the State of Queensland and Mareeba Shire Council to access, use, operate, maintain and control the dedicated roads in the Determination Area and the rights and interests of the public to use and access the roads.

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

(a)    the Fisheries Act 1994 (Qld);

(b)    the Land Act 1994 (Qld);

(c)    the Nature Conservation Act 1992 (Qld);

(d)    the Forestry Act 1959 (Qld);

(e)    the Water Act 2000 (Qld);

(f)    the Petroleum Act 1923 (Qld) or Petroleum and Gas (Production and Safety) Act 2004 (Qld);

(g)    the Mineral Resources Act 1989 (Qld);

(h)    the Planning Act 2016 (Qld);

(i)    the Transport Infrastructure Act 1994 (Qld); and

(j)    the Fire and Emergency Services Act 1990 (Qld) or Ambulance Service Act 1991 (Qld).

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

(a)    any subsisting public right to fish; and

(b)    the public right to navigate.

7.    So far as confirmed pursuant to s 212(2) of the Native Title Act 1993 (Cth) and s18 of the Native Title (Queensland) Act 1993 (Qld) as at the date of this determination, any existing rights of the public to access and enjoy the following places in the Determination Area:

(a)    waterways;

(b)    beds and banks or foreshores of waterways; or

(c)    stock routes.

8.    Any other rights and interests:

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

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

SCHEDULE 3 – AREAS NOT FORMING PART OF THE DETERMINATION AREA

The following areas of land and waters are excluded from the determination area comprised by Lot 2 on Plan LD157:

1.    Those land and waters within the Lot 2 on Plan LD157 which at the time the native title determination application was made were, or had been, the subject of one or more Previous Exclusive Possession Acts, within the meaning of s 23B of the Native Title Act 1993 (Cth) as they could not be claimed in accordance with s 61A of the Native Title Act 1993 (Cth).

2.    Specifically, and to avoid any doubt, the land and waters described in (1) above includes:

(a)    the Previous Exclusive Possession Acts described in ss 23B(2) and 23B(3) of the Native Title Act 1993 (Cth) to which s 20 of the Native Title (Queensland) Act 1993 (Qld) applies, and to which none of ss 47, 47A or 47B of the Native Title Act 1993 (Cth) applied;

(b)    the land and waters on which any public work, as defined in s 253 of the Native Title Act 1993 (Cth), is or was constructed, established or situated, and to which ss 23B(7) and 23C(2) of the Native Title Act 1993 (Cth) and to which s 21 of the Native Title (Queensland) Act 1993 (Qld), applies, together with any adjacent land or waters in accordance with s 251D of the Native Title Act 1993 (Cth).

3.    Those land and waters within the Lot 2 on Plan LD157 on which, at the time the native title determination application was made, public works were validly constructed, established or situated after 23 December 1996, where s 24JA of the Native Title Act 1993 (Cth) applies, and which wholly extinguished native title.

4.    Those land and waters within the Lot 2 on Plan LD157 which, at the time the native title determination application was made, were the subject of one or more Pre-existing Rights Based Acts, within the meaning of s 24IB of the Native Title Act 1993 (Cth), which wholly extinguished native title.

SCHEDULE 4 – MAP OF DETERMINATION AREA

ORDERS

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

BY CONSENT THE COURT ORDERS THAT:

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

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

BY CONSENT THE COURT DETERMINES THAT:

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

4.    Native title exists in the Determination Area.

5.    The native title is held by the Wakaman People described in Schedule 1 (the

Native Title Holders).

6.    Subject to orders 7, 8 and 9 below the nature and extent of the native title rights and interests in relation to the land and waters described in Schedule 4 are the non-exclusive rights to:

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

(b)    camp, and live temporarily on the area as part of camping, and for that purpose build temporary shelters;

(c)    hunt, fish and gather on the land and waters of the area for personal, domestic and non-commercial communal purposes;

(d)    take Natural Resources from the land and waters of the area for personal, domestic and non-commercial communal purposes;

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

(f)    conduct ceremonies on the area;

(g)    bury Native Title Holders within the area;

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

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

(j)    hold meetings on the area; and

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

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

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

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

8.    The native title rights and interests referred to in order 7 do not confer possession, occupation, use or enjoyment to the exclusion of all others.

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

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

11.    The relationship between the native title rights and interests described in order 6 and the Other Interests described in Schedule 2 is that:

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

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

(c)    the Other Interests and any activity that is required or permitted by or under, and done in accordance with, the Other Interests, or any activity that is associated with or incidental to such an activity, prevail over the native title rights and interests and any exercise of the native title rights and interests.

DEFINITIONS AND INTERPRETATION

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

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

THE COURT DETERMINES THAT:

13.    The native title is held in trust.

14.    The Wakaman Kung Kung Aboriginal Corporation (ICN:9592), incorporated under the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Cth), is to:

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

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

LIST OF SCHEDULES

Schedule 1 – Native Title Holders    xvii

Schedule 2 – Other Interests in the Determination Area    xviii

Schedule 3 – External Boundary    xxiii

Schedule 4 – Description of Determination Area    xxv

Schedule 5 – Areas Not Forming Part of the Determination Area    xxviii

Schedule 6 – Map of Determination Area    xxix

Schedule 1 – Native Title Holders

1.    The Native Title Holders are the Wakaman People. The Wakaman People are the descendants (including through adoption or raising up in accordance with traditional laws and customs) of one or more of the following people:

(a)    Alex Chillagoe (father of Bethel Andrews, Jane Wallace, Mildred McLeod and Jessima York);

(b)    Bujulimba (mother of Phil Alpin Snr and grandmother of Phil Alpin Jnr);

(c)    Charlie (father of Larkin aka Larkie Ferguson and Jackie Hackett);

(d)    Geramutami;

(e)    Jaingkali aka Nellie Hackett aka Minnie Chillagoe;

(f)    Jessie Croydon and her son Jerry Croydon;

(g)    Jinnie Denford (mother of Alick Brown and May Ezzy aka May Brown);

(h)    Kandjuldi and Ngululinjeir (parents of Charlie Oak Park aka Charlie Leftbridge);

(i)    Maggie (mother of Charlie Brown and Bob Brown);

(j)    Margaret Maude (mother of Albert Thomas, Louise Malthouse, Maude Ludwick and Agnes Henry);

(k)    Maude Byrne;

(l)    Mick McTavish Snr (father of Jessie Chong and Fred Fulford, and grandfather of Daisy Thomas);

(m)    Micky Atherton aka Micky Cameron Snr (father of Roley Cameron and Micky Atherton Jnr);

(n)    Mitchell Dodd;

(o)    Nellie (mother of Ruby Riley nee Alpin, Phil Alpin Jnr and Herbert Alpin aka Herbert Brown);

(p)    Rosie Rosendale (mother of Leo Rosendale, husband of Elma Marr);

(q)    Spider (father of Maggie and grandfather of Harold Jackson, Jubilee Jackson, Phoebe Jackson and Maggie Fox); or

(r)    William and Emily Fulford (parents of Henry Fulford).

Schedule 2 – Other Interests in the Determination Area

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

1.    The rights and interests of the parties under the following agreement registered on the Register of Land Use Agreements:

(a)    Small Scale Mining & Exploration Activities – Wakaman People ILUA QI2007/036, between John Alvoen, Raelene Madigan, Desmond Bowen, William Thomas and Rhonda Grace Cameron on behalf of the Wakaman People, North Queensland Land Council, North Queensland Miners Association Incorporated and the State of Queensland registered on 25 August 2008.

2.    The rights and interests of the holders of the following interests granted pursuant to the Land Act 1962 (Qld) or Land Act 1994 (Qld):

(a)    rolling term lease for pastoral purposes PH9/3795 over Lot 3795 on SP139718 (also known as Quaker Hill);

(b)    rolling term lease for pastoral purposes PH9/4698 over Lot 4698 on PH801 (also known as Scardons Hill);

(c)    occupational licence OL9/285 over Lot 285 on OL34;

(d)    occupational licence OL9/415 over Lot 415 on OL46;

(e)    occupational licence OL9/44 over Lot 44 on OL29;

(f)    occupational licence OL9/262 over Lot 262 on OL33;

(g)    occupational licence OL9/424 over Lot 424 on OL49; and

(h)    occupational licence OL9/328 over Lot 328 on OL37.

3.    The rights and interests of Telstra Corporation Limited (ACN 051 775 556) and its successors in title:

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

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

(i)    to inspect land;

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

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

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

(d)    under any lease, licence, access agreement, permit or easement relating to their telecommunications facilities in the Determination Area.

4.    The rights and interests of Ergon Energy Corporation (ACN 087 646 062):

(a)    as the owner and operator of any Works within the Determination Area;

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

(i)    as the holder of a distribution authority;

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

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

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

5.    The rights and interests of Mareeba Shire Council (Council):

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

(b)    as the:

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

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

(iii)    party to an agreement with a third party which relates to land or waters in the Determination Area; and

(iv)    holder of any estate or any other interest in land including as trustee of any Reserves, under access agreements and easements that exist in the Determination Area;

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

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

(ii)    water pipelines and water supply infrastructure;

(iii)    drainage facilities;

(iv)    watering point facilities;

(v)    recreational facilities;

(vi)    transport facilities;

(vii)    gravel pits operated by the Council;

(viii)    cemetery and cemetery related facilities; and

(ix)    community facilities; and

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

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

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

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

6.    The rights and interests of the State of Queensland and Mareeba Shire Council to access, use, operate, maintain and control the dedicated roads in the Determination Area and the rights and interests of the public to use and access the roads.

7.    The rights and interests of the State of Queensland in Reserves, the rights and interests of the trustees of those Reserves and the rights and interests of the persons entitled to access and use those Reserves for the respective purpose for which they are reserved.

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

(a)    the Fisheries Act 1994 (Qld);

(b)    the Land Act 1994 (Qld);

(c)    the Nature Conservation Act 1992 (Qld);

(d)    the Forestry Act 1959 (Qld);

(e)    the Water Act 2000 (Qld);

(f)    the Petroleum Act 1923 (Qld) or Petroleum and Gas (Production and Safety) Act 2004 (Qld);

(g)    the Mineral Resources Act 1989 (Qld);

(h)    the Planning Act 2016 (Qld);

(i)    the Transport Infrastructure Act 1994 (Qld); and

(j)    the Fire and Emergency Services Act 1990 (Qld) or Ambulance Service Act 1991 (Qld).

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

(a)    any subsisting public right to fish; and

(b)    the public right to navigate.

10.    So far as confirmed pursuant to s 212(2) of the Native Title Act 1993 (Cth) and s18 of the Native Title (Queensland) Act 1993 (Qld) as at the date of this determination, any existing rights of the public to access and enjoy the following places in the Determination Area:

(a)    waterways;

(b)    beds and banks or foreshores of waterways;

(c)    stock routes; or

(d)    areas that were public places at the end of 31 December 1993.

11.    Any other rights and interests:

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

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

Schedule 3 – External Boundary

The area of land and waters commencing at the south eastern corner of Lot 262 on OL33, also being a point on the northern bank of the Tate River and extending generally westerly along that river bank to its intersection with the south eastern corner of Lot 813 on SP129930; then southerly across that river to the north western corner of Lot 821 on SP129931; then generally southerly and south westerly along the western boundaries of that lot and Lot 831 on SP129932 to their  intersection with the northern bank of Rocky Tate River also being the southern boundary of Lot 424 on OL49; then generally westerly and generally northerly along the southern and western boundaries of that lot, across the Tate River, along  the western boundaries of Lot on 262 on OL33, Lot 415 on OL46 and Lot 3795 on SP139718 (Quaker Hill Holding) to the southern boundary of Lot 3 on SP150971 (Aroonbeta); then  generally easterly, generally southerly and again generally easterly along the northern and eastern boundaries of again Lot 3795 on SP139718 to its intersection with the western boundary of Lot 801 on SP129929; then  east to a point on  the western boundary of Lot 328 on OL37 at Latitude 17.351513° South; then generally north easterly, generally northerly and  generally  north westerly along the western and northern boundaries of that lot, Lot 7 on SP136297 and Lot 285 on OL34 to the southern boundary of Lot 6 on USL21103; then  easterly to the western boundary of  Lot 4698 on PH801 (Scardons Hill Holding); then  northerly and easterly along the western and northern boundary of that  lot to its intersection with Indigenous Land Use Agreement QI2005/011 Bar Barrum Small Mining; then south westerly along the boundary of that ILUA to the north western corner of Lot 18 on LD96; then generally south westerly along the north western boundary of that lot to its intersection with the eastern boundary of Lot 771 on SP129928; then south westerly to the north eastern corner of Lot 328 on OL37; then generally south easterly, southerly and generally westerly along the eastern and southern boundaries of that lot to its intersection with the eastern boundary of Lot 262 on OL33; then southerly along the eastern boundary of Lot 262 on OL33 back to the commencement point.

The area above excludes any land or waters covered by the Indigenous Land Use Agreement QI2005/011 Bar Barrum Small Mining accepted for registration by the National Native Title Tribunal on 12 March 2007.

Notes

Data Reference and source

    Bar Barrum Small Mining ILUA (QI2005/011) sourced from National Native Title Tribunal April 2023.

    Cadastre and casement data sourced from Queensland (Department of Resources) April 2023.

    Rivers / Creeks based on casement data where available, else Watercourse Lines data from (Department of Resources) April 2023.

Reference Datum

Geographical coordinates are referenced to the Geocentric datum of Australia 2020 (GDA2020), in decimal degrees.

Use of Coordinates

Where coordinates are used within the description to represent cadastral or topographical boundaries or the intersection with such, they are intended as a guide only. As an outcome of the custodians of cadastral and 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 4 – Description of Determination Area

The determination area comprises all of the land and waters described by lots on plan, or relevant parts thereof, and any rivers, streams, creeks or lakes described in the first column of the tables in the Parts immediately below, and depicted in the maps in Schedule 6, to the extent those areas are within the External Boundary and not otherwise excluded by the terms of Schedule 5.

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

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

Schedule 5 – Areas Not Forming Part of the Determination Area

The following areas of land and waters are excluded from the determination area as described in Schedule 4:

1.    Those land and waters within the External Boundary which at the time the native title determination application was made were, or had been, the subject of one or more Previous Exclusive Possession Acts, within the meaning of s 23B of the Native Title Act 1993 (Cth) as they could not be claimed in accordance with s 61A of the Native Title Act 1993 (Cth).

2.    Specifically, and to avoid any doubt, the land and waters described in (1) above includes:

(a)    the Previous Exclusive Possession Acts described in ss 23B(2) and 23B(3) of the Native Title Act 1993 (Cth) to which s 20 of the Native Title (Queensland) Act 1993 (Qld) applies, and to which none of ss 47, 47A or 47B of the Native Title Act 1993 (Cth) applied, including but not limited to, the whole of the land and waters described as:

(i)    Lot 21 on LD144; and

(b)    the land and waters on which any public work, as defined in s 253 of the Native Title Act 1993 (Cth), is or was constructed, established or situated, and to which ss 23B(7) and 23C(2) of the Native Title Act 1993 (Cth) and to which s 21 of the Native Title (Queensland) Act 1993 (Qld), applies, together with any adjacent land or waters in accordance with s 251D of the Native Title Act 1993 (Cth).

3.    Those land and waters within the External Boundary on which, at the time the native title determination application was made, public works were validly constructed, established or situated after 23 December 1996, where s 24JA of the Native Title Act 1993 (Cth) applies, and which wholly extinguished native title.

4.    Those land and waters within the External Boundary which, at the time the native title determination application was made, were the subject of one or more Pre-existing Rights Based Acts, within the meaning of s 24IB of the Native Title Act 1993 (Cth), which wholly extinguished native title.

Schedule 6 – Map of Determination Area

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

ORDERS

THE COURT NOTES THAT:

A.    Having regard to the need to balance the limited availability of public resources with the competing need to resolve applications for a determination of native title in an efficient, cost effective and timely manner, the parties agree that the question of whether s 47C of the Native Title Act 1993 (Cth) (Native Title Act) would apply to any park areas within the External Boundary will be addressed after the matter has proceeded to determination.

B.    The Wakaman People (being the proposed native title holders described in Schedule 1 of the determination) have indicated a desire to enter into negotiations with the State of Queensland in relation to whether section 47C of the Native Title Act would have application to the land and waters within Lot 233 on NPW800 (being a park area which is excluded from the Determination Area) (the park area).

C.    Subject to paragraph D below, the Applicant and the State of Queensland agree that, if agreement is reached in accordance with s 47C(1)(b) of the Native Title Act that s 47C is applicable to the park area, the State of Queensland would not oppose a new application being brought on behalf of the Wakaman People pursuant to s 13(1)(a) of the Native Title Act, for a determination that native title exists in relation to the park area.

D.    The agreement of the State of Queensland in paragraph C above not to oppose an application for a determination that native title exists in relation to the park area is subject to the Wakaman People and the State of Queensland having reached agreement on the nature and extent of the native title rights and interests that would be determined to exist in relation to the park area.

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

BY CONSENT THE COURT ORDERS THAT:

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

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

BY CONSENT THE COURT DETERMINES THAT:

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

4.    Native title exists in the Determination Area.

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

6.    Subject to orders 7, 8 and 9 below the nature and extent of the native title rights and interests in relation to the land and waters described in Schedule 4 are the non-exclusive rights to:

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

(b)    camp, and live temporarily on the area as part of camping, and for that purpose build temporary shelters;

(c)    hunt, fish and gather on the land and waters of the area for personal, domestic and non-commercial communal purposes;

(d)    take Natural Resources from the land and waters of the area for personal, domestic and non-commercial communal purposes;

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

(f)    conduct ceremonies on the area;

(g)    bury Native Title Holders within the area;

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

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

(j)    hold meetings on the area; and

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

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

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

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

8.    The native title rights and interests referred to in order 6 do not confer possession, occupation, use or enjoyment to the exclusion of all others.

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

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

11.    The relationship between the native title rights and interests described in order 6 and the Other Interests described in Schedule 2 is that:

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

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

(c)    the Other Interests and any activity that is required or permitted by or under, and done in accordance with, the Other Interests, or any activity that is associated with or incidental to such an activity, prevail over the native title rights and interests and any exercise of the native title rights and interests.

DEFINITIONS AND INTERPRETATION

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

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

THE COURT DETERMINES THAT:

13.    The native title is held in trust.

14.    The Wakaman Kung Kung Aboriginal Corporation (ICN:9592), incorporated under the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Cth), is to:

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

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

LIST OF SCHEDULES

Schedule 1 – Native Title Holders    xliv

Schedule 2 – Other Interests in the Determination Area    xlv

Schedule 3 – External Boundary    l

Schedule 4 – Description of Determination Area    liv

Schedule 5 – Areas Not Forming Part of the Determination Area    lxii

Schedule 6 – Map of Determination Area    lxiii

Schedule 1 – Native Title Holders

1.    The Native Title Holders are the Wakaman People. The Wakaman People are the descendants (including through adoption or raising up in accordance with traditional laws and customs) of one or more of the following people:

(a)    Alex Chillagoe (father of Bethel Andrews, Jane Wallace, Mildred McLeod and Jessima York);

(b)    Bujulimba (mother of Phil Alpin Snr and grandmother of Phil Alpin Jnr);

(c)    Charlie (father of Larkin aka Larkie Ferguson and Jackie Hackett);

(d)    Geramutami;

(e)    Jaingkali aka Nellie Hackett aka Minnie Chillagoe;

(f)    Jessie Croydon and her son Jerry Croydon;

(g)    Jinnie Denford (mother of Alick Brown and May Ezzy aka May Brown);

(h)    Kandjuldi and Ngululinjeir (parents of Charlie Oak Park aka Charlie Leftbridge);

(i)    Maggie (mother of Charlie Brown and Bob Brown);

(j)    Margaret Maude (mother of Albert Thomas, Louise Malthouse, Maude Ludwick and Agnes Henry);

(k)    Maude Byrne;

(l)    Mick McTavish Snr (father of Jessie Chong and Fred Fulford, and grandfather of Daisy Thomas);

(m)    Micky Atherton aka Micky Cameron Snr (father of Roley Cameron and Micky Atherton Jnr);

(n)    Mitchell Dodd;

(o)    Nellie (mother of Ruby Riley nee Alpin, Phil Alpin Jnr and Herbert Alpin aka Herbert Brown);

(p)    Rosie Rosendale (mother of Leo Rosendale, husband of Elma Marr);

(q)    Spider (father of Maggie and grandfather of Harold Jackson, Jubilee Jackson, Phoebe Jackson and Maggie Fox); or

(r)    William and Emily Fulford (parents of Henry Fulford).

Schedule 2 – Other Interests in the Determination Area

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

1.    The rights and interests of the parties under the following agreements registered on the Register of Land Use Agreements:

(a)    Wakamin People and Australian Fine Grain Marble Pty Ltd #2 ILUA QI2002/035 between Raelene Madigan, Roley Cameron and John Alvoen on behalf of the Wakamin People, Australian Finegrain Marble Pty Ltd and the State of Queensland registered on 28 October 2002; and

(b)    Small Scale Mining & Exploration Activities – Wakaman People ILUA QI2007/036, between John Alvoen, Raelene Madigan, Desmond Bowen, William Thomas and Rhonda Grace Cameron on behalf of the Wakaman People, North Queensland Land Council, North Queensland Miners Association Incorporated and the State of Queensland registered on 25 August 2008.

2.    The rights and interests of the holder from time to time of mining leases ML 20221, ML 20294, ML 20323, ML 20337, ML 20338, ML 20351, ML 20352, ML 20361, ML 20498, ML 20501, ML 20506, ML 20507, ML 20508, ML 20513, ML 20515 and ML 20516 granted pursuant to the Mineral Resources Act 1989 (Qld), who at the date of this determination is Australian Finegrain Marble Pty Ltd (ACN 29 010 554 168).

3.    The rights and interests of the holders of the following interests granted pursuant to the Land Act 1962 (Qld) or Land Act 1994 (Qld):

(a)    rolling term lease for pastoral purposes PH9/2438 Fischer Holding over Lot 5 on BW19 (also known as Bullockhead);

(b)    rolling term lease for pastoral purposes PH9/3708 over Lot 3708 on PH164 (also known as Blackman Gap);

(c)    rolling term lease for pastoral purposes PH9/2238 over Lot 2238 on SP284108 (also known as Munderra);

(d)    rolling term lease PH9/5518 over Lot 2 on BW17 (also known as Lawarra);

(e)    rolling term lease TL0/231506 over Lot 2 on SP196221 (also known as Blackdown);

(f)    term lease for pastoral purposes TL0/220641 over Lot 4 on BW18 (also known as Pratt);

(g)    rolling term lease for pastoral purposes PH9/5154 over Lot 5154 on SP332656 (also known as Whitewater);

(h)    rolling term lease for pastoral and low-key tourism purposes PH9/4808 Powis Holding over Lot 2 on SP299961;

(i)    rolling term lease for pastoral purposes TL0/236412 over Lot 250 on SP116768 (also known as Sundown); and

(j)    occupational licence OL09/154 over Lot 154 on OL32.

4.    The rights and interests of Telstra Corporation Limited (ACN 051 775 556) and its successors in title:

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

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

(i)    to inspect land;

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

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

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

(d)    under any lease, licence, access agreement, permit or easement relating to their telecommunications facilities in the Determination Area.

5.    The rights and interests of Ergon Energy Corporation (ACN 087 646 062):

(a)    as the owner and operator of any Works within the Determination Area;

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

(i)    as the holder of a distribution authority;

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

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

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

6.    The rights and interests of Mareeba Shire Council and Tablelands Regional Council (Councils):

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

(b)    as the:

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

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

(iii)    party to an agreement with a third party which relates to land or waters in the Determination Area; and

(iv)    holder of any estate or any other interest in land including as trustee of any Reserves, under access agreements and easements that exist in the Determination Area;

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

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

(ii)    water pipelines and water supply infrastructure;

(iii)    drainage facilities;

(iv)    watering point facilities;

(v)    recreational facilities;

(vi)    transport facilities;

(vii)    gravel pits operated by the Council;

(viii)    cemetery and cemetery related facilities; and

(ix)    community facilities; and

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

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

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

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

7.    The rights and interests of the State of Queensland, Mareeba Shire Council and Tablelands Regional Council to access, use, operate, maintain and control the dedicated roads in the Determination Area and the rights and interests of the public to use and access the roads.

8.    The rights and interests of the State of Queensland in Reserves, the rights and interests of the trustees of those Reserves and the rights and interests of the persons entitled to access and use those Reserves for the respective purpose for which they are reserved.

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

(a)    the Fisheries Act 1994 (Qld);

(b)    the Land Act 1994 (Qld);

(c)    the Nature Conservation Act 1992 (Qld);

(d)    the Forestry Act 1959 (Qld);

(e)    the Water Act 2000 (Qld);

(f)    the Petroleum Act 1923 (Qld) or Petroleum and Gas (Production and Safety) Act 2004 (Qld);

(g)    the Mineral Resources Act 1989 (Qld);

(h)    the Planning Act 2016 (Qld);

(i)    the Transport Infrastructure Act 1994 (Qld); and

(j)    the Fire and Emergency Services Act 1990 (Qld) or Ambulance Service Act 1991 (Qld).

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

(a)    any subsisting public right to fish; and

(b)    the public right to navigate.

11.    So far as confirmed pursuant to s 212(2) of the Native Title Act 1993 (Cth) and s 18 of the Native Title (Queensland) Act 1993 (Qld) as at the date of this determination, any existing rights of the public to access and enjoy the following places in the Determination Area:

(a)    waterways;

(b)    beds and banks or foreshores of waterways;

(c)    stock routes; or

(d)    areas that were public places at the end of 31 December 1993.

12.    Any other rights and interests:

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

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

Schedule 3 – External Boundary

The area of land and waters commencing at the intersection of the centreline of the Lynd River and southern bank of the Tate River and extending generally north easterly passing through the following coordinate points:

Then north easterly to intersect with the centreline of the Walsh River at Longitude 144.048308° East; then generally easterly along the centreline of that river to Longitude 144.698988° East; then generally southerly passing through the following coordinate points:

Then south easterly to intersect with a western boundary of QI2005/011 Bar Barrum Small Mining ILUA at Latitude 17.224122° South then south westerly along that ILUA boundary to its intersect with the northern boundary of Lot 4698 on PH801 (Scardons Hill Holding), then westerly, southerly along the northern and western boundaries of that lot, then westerly and south easterly along the northern and western boundaries of Lot 285 on OL34 to intersect with the northern boundary of Lot 7 on SP136297 (Mungana Branch Railway); then generally south westerly and south easterly along the boundaries of that lot to intersect with the southern boundary of Lot 801 on SP129929 (Etheridge Railway); then generally south westerly along that boundary to Latitude 17.351513° South; then westerly to the easternmost north eastern corner of the northern boundary of the easternmost severance of Lot 3795 on SP139718 (Quaker Hill Holding); then generally westerly, northerly and again generally westerly along the northern and eastern boundaries of that lot, crossing any roads to a north eastern corner of Lot 2 on LD157 (Chillagoe); then westerly, northerly, north westerly, south westerly, easterly, southerly, generally north easterly and generally south easterly along the boundaries of that lot to its southernmost corner; then southerly across the Tate River to a north western corner of Lot 424 on OL49; then generally southerly, generally south easterly, generally north easterly and generally northerly along the boundaries of that lot, crossing any roads to its intersect with the southern bank of the Tate River; then north easterly across that river to the south western corner of the south easternmost severance of Lot 262 on OL33; then generally south easterly and generally easterly along southern boundaries of that lot to the western boundary of Lot 423 on OL48; then southerly along the prolongation southerly of the western boundary of that lot to the intersect with the centreline of the Tate River; then generally south easterly along the centreline of that river and the south western bank of Packsaddle Creek to Longitude 144.907218° East, being a point on the western boundary of the QI2005/011 Bar Barrum Small Scale Mining ILUA; then south easterly along that ILUA boundary to its intersect with the western boundary of the Herbert River Drainage Basin Sub-area boundary; then generally southerly along the boundaries of that drainage basin sub-area boundary to Latitude 18.086143° South; then north westerly to the source of the Lynd River at approximately Longitude 144.853977° East, Latitude 18.081474° South; then generally north westerly, generally westerly and again generally north westerly along the centreline of the Lynd River back to the commencement point.

Exclusions

    Native Title Determination Application QUD350/2017 – Lance Frank, Bradley Thomas & Emma Elizabeth O'Shea (QN2017/005) as filed with the Federal Court on 14 July 2017.

    Native Title Determination Application QUD351/2017 – James William Malcolm and Janelle Lynette O'Shea (QN2017/006) as filed with the Federal Court on 14 July 2017.

    Native Title Determination Application QUD746/2015 – Wakaman People #3 (QC2015/011) as accepted for registration on 22 December 2015.

    Indigenous Land Use Agreement – QI2003/045 Djungan Small Scale Mining and Exploration as accepted for registration 29/11/2004.

Note

Data reference and source

    Bar Barrum Small Mining ILUA (QI2005/011) from National Native Title Tribunal published 15th May 2023.

    Cadastre and casement data from Queensland (Department of Resources) published 11th May 2023.

    Rivers / Creeks based on casement data where available, else Watercourse Lines data from (Department of Resources) published 5th October 2022.

    Drainage basin sub-area data from State of Queensland (Department of Resources) published 20th October 2022.

Reference datum

Geographical coordinates are referenced to the Geocentric datum of Australia 2020 (GDA2020), in decimal degrees.

Use of coordinates

Where coordinates are used within the description to represent cadastral or topographical boundaries or the intersection with such, they are intended as a guide only. As an outcome of the custodians of cadastral and 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 4 – Description of Determination Area

The determination area comprises all of the land and waters described by lots on plan, or relevant parts thereof, and any rivers, streams, creeks or lakes described in the first column of the tables in the Parts immediately below, and depicted in the maps in Schedule 6, to the extent those areas are within the External Boundary and not otherwise excluded by the terms of Schedule 5.

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