Ah Chee v State of South Australia

the latter point being a point on the centreline of Warburton River; generally north-westerly and south-westerly along the said centreline of Warburton River, generally being straight lines connecting the following coordinate points: the later coordinate being the intersection of the said centreline of Warburton River with the centreline of an un-named creek; then generally north-westerly along the centreline of the said un-named creek, generally being straight lines connecting the following coordinate points: Longitude (East) Latitude (South) 137.250500 27.862530 137.250630 27.861060 137.249610 27.858920 137.249620 27.858350 137.249350 27.857680 137.248730 27.856550 137.247580 27.855530 137.247060 27.855190 137.246050 27.854860 137.245440 27.854260 137.244780 27.853490 137.244110 27.852350 137.243520 27.850600 137.243340 27.849160

the later coordinate being the intersection of the said un-named creek with the centreline of the Macumba River; then generally north-westerly along the said centreline of the Macumba River, generally being straight lines connecting the following coordinate points: The later coordinate being the intersection of the said Macumba River with the southern production of the western boundary of Simpson Desert Regional Reserve - Block 565, OH(Dalhousie); northerly along the said production and the western boundary of Simpson Desert Regional Reserve - Blocks 565, 564 & 563 to the northern border of South Australia (being the southern border of Northern Territory); then easterly along the said northern border of South Australia to the point of commencement. Reference datum Geographical coordinates have been provided by the Department of Planning, Transport & Infrastructure, Land Services Group. Geographical coordinates are referenced to the Geocentric Datum of Australia 1994 (GDA94), in decimal degrees. Data reference and source Watercourses and waterbodies referenced to GEODATA TOPO 250K - Series 3 © Commonwealth of Australia (Geoscience Australia). Cadastral data sourced from Department of Planning, Transport & Infrastructure SA (3 February 2014). Use of Coordinates Where coordinates are used within the description to represent cadastral or topographical boundaries or the intersection with such, they are intended as a guide only. As an outcome of the custodians of cadastral and topographical data continuously recalculating the geographic position of their data based on improved survey and data maintenance procedures, it is not possible to accurately define such a position other than by detailed ground survey. AREA B - EXTERNAL BOUNDARY OF THE QUEENSLAND DETERMINATION AREA 1 That part of the Determination Area which is located within the State of Queensland comprises all of the land and waters within the Queensland External Boundary, excluding the land and waters described in paragraph 2 below, bounded by the following line: Commencing at a point being the intersection of the borders between Queensland, South Australia and Northern Territory; then northerly along the western border of Queensland (being the eastern border of Northern Territory) to Latitude 24.363085 South, then generally south-easterly and southerly in straight lines connecting the following coordinate points Longitude (East) Latitude (South) 138.617906 24.898504 138.816582 24.968954 139.424460 25.184468 139.424000 25.194840 139.426385 25.196843 139.427542 25.199510 139.430352 25.200921 139.431864 25.203727 139.431898 25.205759 139.434121 25.208870 139.433543 25.212141 139.433615 25.215826 139.433165 25.218394 139.433956 25.224037 139.440537 25.254361 139.445159 25.265651 139.449051 25.267405 139.453068 25.269174 139.453765 25.272024 139.454816 25.274582 139.459344 25.277353 139.469006 25.288057 139.470398 25.288721 139.481918 25.303900 139.483232 25.306346 139.483852 25.308850 139.483546 25.310681 139.484215 25.313187 139.478291 25.327048 139.477201 25.330721 139.475930 25.337127 139.474432 25.344858 139.473543 25.349237 139.472862 25.351207 139.470521 25.355913 139.469004 25.359374 139.466935 25.365040 139.464295 25.371080 139.462600 25.375477 139.461297 25.379445 139.459138 25.382754 139.457287 25.387664 139.456478 25.390310 139.456264 25.393070 139.455586 25.397153 139.454439 25.402937 139.454237 25.404723 139.453597 25.408995 139.452778 25.413862 139.451823 25.418592 139.451615 25.420947 139.451077 25.423297 139.451162 25.440583

Then southerly to the centreline of the Eyre Developmental Road at Latitude 25.453526 South, then south-easterly to Woolmarlie Tank at Longitude 139.548430 East, Latitude 25.506101 South, then south-westerly to Annuary Waterhole at Longitude 139.499580 East, Latitude 25.688832 South; then south-easterly to Louies Hill at Longitude 139.530186 East, Latitude 25.750357 South; then generally south-easterly in straight lines connecting the following coordinate points: Longitude (East) Latitude (South) 139.587822 25.784827 139.608415 25.807565 139.632440 25.829874 139.646598 25.864625 139.670194 25.895515 139.688213 25.919540 139.707090 25.926833 139.728970 25.957294 139.744844 25.968019

Then south-easterly to a point on the southern border of Queensland (being the northern border of South Australia) at Longitude 139.780453 East; then westerly along the said southern border of Queensland to the point of commencement. 2 The following areas of land and waters are excluded from the Queensland Determination Area: (a) those lands and waters within the Queensland External Boundary, which at the time the native title determination application was made could not be claimed in accordance with s 61A of the NT Act; (i) were the subject of one or more Previous Exclusive Possession Acts, within the meaning of s 23B of the NT Act; and (ii) to which none of ss 47, 47A or 47B of the NT Act applied at the time of the native title determination application; (b) Specifically, and to avoid any doubt, the land and waters described in (a) above includes: (i) the tenure based exclusions under ss 23B(2) and 23B(3) of the NT Act to which s 20 of the Native Title (Queensland) Act 1993 (Qld) applies; and (ii) the land and waters on which any public work, as defined in s 253 of the NT Act, is or was constructed, established or situated, and to which ss 23B(7) and 23C(2) of the NT Act 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 NT Act. Reference datum Geographical coordinates have been provided by the Queensland Government, Client Mapping Services. Geographical coordinates are referenced to the Geocentric Datum of Australia 1994 (GDA94), in decimal degrees. Data reference and source Topographic features referenced to GEODATA TOPO 250K - Series 3 © Commonwealth of Australia (Geoscience Australia). Cadastral data sourced from Department of Natural Resources and Mines, Queensland (3 February 2014). Use of Coordinates Where coordinates are used within the description to represent cadastral or topographical boundaries or the intersection with such, they are intended as a guide only. As an outcome of the custodians of cadastral and topographical data continuously recalculating the geographic position of their data based on improved survey and data maintenance procedures, it is not possible to accurately define such a position other than by detailed ground survey. SCHEDULE 2 - Maps of the Determination Area EXTERNAL BOUNDARY OF THE DETERMINATION AREA DETERMINATION AREA A - SOUTH AUSTRALIAN DETERMINATION AREA DETERMINATION AREA SCHEDULE 3 - Land and waters where native title exists (Native Title Land) PART A - SOUTH AUSTRALIA Subject to Order 13 and items 1, 2 and 3 of Schedule 4, native title exists in the lands and waters described below where they lie within the external boundary of the Determination Area: DCDBID HUNDRED NAME TITLE REFERENCE DESCRIPTION H830600B568 OH(POOLOWANNA) CR5755/976 SIMPSON DESERT REGIONAL RESERVE GAZ 22/12/1988 H830600B573 OH(POOLOWANNA) CR5755/976 SIMPSON DESERT REGIONAL RESERVE GAZ 22/12/1988 H831400B578 OH(NOOLYEANA) CR5755/976 SIMPSON DESERT REGIONAL RESERVE GAZ 22/12/1988 H831400B577 OH(NOOLYEANA) CR5755/976 SIMPSON DESERT REGIONAL RESERVE GAZ 22/12/1988 H830600B576 OH(POOLOWANNA) CR5755/976 SIMPSON DESERT REGIONAL RESERVE GAZ 22/12/1988 H830700B581 OH(PANDIE PANDIE) CR5755/976 SIMPSON DESERT REGIONAL RESERVE GAZ 22/12/1988 H830700B591 OH(PANDIE PANDIE) CR5775/576 SIMPSON DESERT REGIONAL RESERVE GAZ 22/12/1988 H830700B591A OH(PANDIE PANDIE) CL1327/10 Alton Downs Pastoral Lease H830800B1193 OH(CORDILLO) CL1350/18 Pandie Pandie Pastoral Lease H831400B425 OH(NOOLYEANA) CL1628/21 Kallakoopah West Pastoral Lease H830700B580 OH(PANDIE PANDIE) CR5755/976 SIMPSON DESERT REGIONAL RESERVE GAZ 22/12/1988 H830500B564 OH(DALHOUSIE) CR5755/976 SIMPSON DESERT REGIONAL RESERVE GAZ 22/12/1988 H830600B567 OH(POOLOWANNA) CR5755/976 SIMPSON DESERT REGIONAL RESERVE GAZ 22/12/1988 D38061A2036 OH(GASON) CL1323/22 Kalamurina Pastoral Lease H831500B582A OH(GASON) CL1311/41 Cowarie Pastoral Lease H830600B572 OH(POOLOWANNA) CR5755/976 SIMPSON DESERT REGIONAL RESERVE GAZ 22/12/1988 H830700B589 OH(PANDIE PANDIE) CR5755/976 SIMPSON DESERT REGIONAL RESERVE GAZ 22/12/1988 H830700B1178 OH(PANDIE PANDIE) CL1597/90 Clifton Hills Pastoral Lease H831400B570 OH(NOOLYEANA) CR5755/976 SIMPSON DESERT REGIONAL RESERVE GAZ 22/12/1988 H830600B575 OH(POOLOWANNA) CR5755/976 SIMPSON DESERT REGIONAL RESERVE GAZ 22/12/1988 D35811A101 OH(GASON) CL1342/26 Koodnanie Pastoral Lease H830700B1169 OH(PANDIE PANDIE) CL1323/33 Andrewilla Pastoral Lease H830800B1238 OH(CORDILLO) CL1597/91 Beckwith Pastoral Lease H831300B1254 OH(OODNADATTA) CL1607/55 Macumba Pastoral Lease H831400B569 OH(NOOLYEANA) CR5755/976 SIMPSON DESERT REGIONAL RESERVE GAZ 22/12/1988 H831500B582 OH(GASON) CR5755/976 SIMPSON DESERT REGIONAL RESERVE GAZ 22/12/1988 D35808A100 OH(GASON) CL1323/47 Goyder Lagoon Pastoral Lease H830600B566 OH(POOLOWANNA) CR5755/976 SIMPSON DESERT REGIONAL RESERVE GAZ 22/12/1988 D35579A2023 OH(GASON) CL1323/48 Kanowana Pastoral Lease H830500B563 OH(DALHOUSIE) CR5755/976 SIMPSON DESERT REGIONAL RESERVE GAZ 22/12/1988 H830500B565 OH(DALHOUSIE) CR5755/976 SIMPSON DESERT REGIONAL RESERVE GAZ 22/12/1988 H830700B1194 OH(PANDIE PANDIE) CL1327/10 Alton Downs Pastoral Lease D38061A2037 OH(GASON) CL1311/41 Cowarie Pastoral Lease

PART B - QUEENSLAND Subject to Orders 10, 11, 12, 14, 15, 16 and 17 non-exclusive native title exists, as described in Order 8, in respect of all of the land and waters described in the following table: Area Description Lot 14 on SP226890 formerly part of Lot 14 balance on RB19 Lot 15 on RB20 Lot 16 on RB20 Lot 17 on RB20 Lot 1 on CP848262 That part of Lot 1 on NPW423 which falls within the Queensland External Boundary Lot 3 on SP197784 formerly part of Lot 20 on CP848263 That part of Lot 20 on SP255335 which falls within the Queensland External Boundary, and formerly described as: a) That part of Lot 20 on CP848263 which falls within the Queensland External Boundary; b) that part of Lot 3 on RB7 delineated by stations Q-4-A-Q on SP120216; and c) that part of Lot 4 balance on G25073 exclusive of Lot 1 on SP120216 and Lot 70 on OL004. Lot 18 on SP226890 formerly described as: a) that part of Lot 3 on RB7 delineated by stations B-C-H-3-4-B on SP120216; and b) that part of Lot 4 balance on G25073. Lot 70 on SP123581 formerly described as Lot 70 on OL004 That part of Lot 5220 on PH1780 which falls within the Queensland External Boundary That part of Lot 1 on CP910370 formerly Lot 5308 on PH1673 which falls within the Queensland External Boundary That part of Lot 5331 on SP255336 formerly Lot 5331 on PH1781 which falls within the Queensland External Boundary That part of the Diamantina River located between lot 70 on SP123581 and lot 20 on SP255335.

PART C - QUEENSLAND (Town Areas) Subject to Orders 10, 11, 12, 14, 15, 16 and 17 non-exclusive native title exists, as described in Order 9, in respect of all of the land and waters described in the following table: Area Description Lot 1 on RB21 That part of Lot 4 on CP847849 exclusive of former Florence Street and Lots 603-610 Sec VI on plan RB17

SCHEDULE 4 - Areas where native title has been extinguished 1 Native title rights have been extinguished in the areas on which any Public Work, as defined in s 253 of the Native Title Act (including the land defined in s 251D of the Native Title Act) which is or was constructed, established or situated prior to 23 December 1996, or commenced to be constructed or established on or before that date. 2 In respect of Area A of the Determination Area: (a) Public Works constructed, established or situated after 23 December 1996 have had such effect as has resulted from Part 2, Division 3 of the NT Act or as agreed pursuant to the Wangkangurru Yarluyandi Claim Settlement ILUA (SA); (b) native title rights have been extinguished over all roads which have been delineated in a public map pursuant to s 5(d)(II) of the Crown Lands Act 1929 (SA) or s 70(3) or (4) of the Crown Land Management Act 2009 (SA) or which have otherwise been validly established pursuant to South Australian Statute or common law as shown in brown on the maps in Schedule 2; and (c) native title has been extinguished over the following parcels: DCDBID HUNDRED TITLE REFERENCE RESERVE NAME H830600S48 OH(POOLOWANNA) CR5435/455 SIMPSON DESERT CONSERVATION PARK GAZ 14/12/1967 D35808A218 OH(GASON) CR5236/280 Digital Radio Conc Res GAZ 26/9/1996 ('Sugar Bunny') D35811A217 OH(GASON) CR5392/538 Digital Radio Conc Res GAZ 26/9/1996 ('Booloo Maree')

5 In respect of Area B of the Determination Area native title does not exist in respect of all of the land and waters described in the following table: Area Description Lot 15 on SP226890 formerly part of Lot 14 balance on RB19 Lot 16 on SP226890 formerly part of Lot 14 balance on RB19 Lot 3 on SP148077 formerly part of Lot 14 balance on RB19 Lot 17 on SP226890 formerly part of Lot 4 balance on G25073 Lot 1 on CP 865515 Lot 1 on SP148077 Lot 8 on RB1 Lot 30 on SP112844 Lot 3 on CP847849 Lot 2 on SP152751 Lot 2 on SP107134 formerly part of Lot 14 balance on RB19 Lot 7 on SP107134 formerly part of Lot 14 balance on RB19 Lot 8 on SP107134 formerly part of Lot 14 balance on RB19 Lot 9 on SP107134 formerly part of Lot 14 balance on RB19 Lot 10 on SP107134 formerly part of Lot 14 balance on RB19 Lot 11 on SP107134 formerly part of Lot 14 balance on RB19 Lot 12 on SP107134 formerly part of Lot 14 balance on RB19 Lot 13 on SP107134 formerly part of Lot 14 balance on RB19 Lot 14 on SP107134 formerly part of Lot 14 balance on RB19 Lot 15 on SP107134 formerly part of Lot 14 balance on RB19 Lot 16 on SP107134 formerly part of Lot 14 balance on RB19 Lot 17 on SP107134 formerly part of Lot 14 balance on RB19 Lot 18 on SP107134 formerly part of Lot 14 balance on RB19 Lot 19 on SP107134 formerly part of Lot 14 balance on RB19 Lot 20 on SP107134 formerly part of Lot 14 balance on RB19 Lot 21 on SP107134 formerly part of Lot 14 balance on RB19 Lot 22 on SP107134 formerly part of Lot 14 balance on RB19 Lot 23 on SP107134 formerly part of Lot 14 balance on RB19 Lot 24 on SP107134 formerly part of Lot 14 balance on RB19 Lot 25 on SP107134 formerly part of Lot 14 balance on RB19 Lot 26 on SP107134 formerly part of Lot 14 balance on RB19 Lot 27 on SP107134 formerly part of Lot 14 balance on RB19 Lot 1 on SP197783 formerly part of Lot 14 balance on RB19 Lot 3 on SP197783 formerly part of Lot 14 balance on RB19 Lot 4 on SP197783 formerly part of Lot 14 balance on RB19 Lot 5 on SP197783 formerly part of Lot 14 balance on RB19 Lot 6 on SP197783 formerly part of Lot 14 balance on RB19 Lot 7 on SP197783 formerly part of Lot 14 balance on RB19 Lot 1 on SP110060 formerly part of Lot 14 balance on RB19 Lot 2 on SP110060 formerly part of Lot 14 balance on RB19 Lot 3 on SP110060 formerly part of Lot 14 balance on RB19 Lot 4 on SP110060 formerly part of Lot 14 balance on RB19 Lot 5 on SP110060 formerly part of Lot 14 balance on RB19 Lot 6 on SP110060 formerly part of Lot 14 balance on RB19 Lot 7 on SP110060 formerly part of Lot 14 balance on RB19 Lot 8 on SP110060 formerly part of Lot 14 balance on RB19 Lot 9 on SP110060 formerly part of Lot 14 balance on RB19 Lot 10 on SP110060 formerly part of Lot 14 balance on RB19 Lot 11 on SP110060 formerly part of Lot 14 balance on RB19 Lot 13 on SP110060 formerly part of Lot 14 balance on RB19 Lot 14 on SP110060 formerly part of Lot 14 balance on RB19 Lot 20 on SP110060 formerly part of Lot 9 on RB14 Lot 21 on SP110060 formerly part of Lot 9 on RB14 Lot 22 on SP110060 formerly part of Lot 14 balance on RB19 Lot 23 on SP110060 formerly part of Lot 14 balance on RB19 Lot 24 on SP110060 formerly part of Lot 14 balance on RB19 Lot 27 on SP110060 formerly part of Lot 14 balance on RB19 Lot 28 on SP110060 formerly part of Lot 14 balance on RB19 Lot 29 on SP110060 formerly part of Lot 14 balance on RB19 Lot 30 on SP110060 formerly part of Lot 14 balance on RB19 Lot 31 on SP110060 formerly part of Lot 14 balance on RB19 Lot 32 on SP110060 formerly part of Lot 14 balance on RB19 Lot 33 on SP110060 formerly part of Lot 14 balance on RB19 Lot 34 on SP110060 formerly part of Lot 14 balance on RB19 Lot 35 on SP110060 formerly part of Lot 14 balance on RB19 Lot 36 on SP110060 formerly part of Lot 14 balance on RB19 Lot 37 on SP110060 formerly part of Lot 14 balance on RB19 Lot 38 on SP110060 formerly part of Lot 14 balance on RB19 Lot 39 on SP110060 formerly part of Lot 14 balance on RB19 Lot 40 on SP110060 formerly part of Lot 14 balance on RB19 Lot 41 on SP110060 formerly part of Lot 14 balance on RB19 Lot 42 on SP110060 formerly part of Lot 14 balance on RB19 Lot 43 on SP110060 formerly part of Lot 14 balance on RB19 Lot 44 on SP110060 formerly part of Lot 14 balance on RB19 Lot 45 on SP110060 formerly part of Lot 14 balance on RB19 Lot 46 on SP110060 formerly part of Lot 14 balance on RB19 Lot 47 on SP110060 formerly part of Lot 14 balance on RB19 Lot 48 on SP110060 formerly part of Lot 14 balance on RB19 Lot 49 on SP110060 formerly part of Lot 14 balance on RB19 Lot 50 on SP110060 formerly part of Lot 14 balance on RB19 Lot 51 on SP110060 formerly part of Lot 14 balance on RB19 Lot 52 on SP110060 formerly part of Lot 14 balance on RB19 Lot 53 on SP110060 formerly part of Lot 14 balance on RB19 Lot 54 on SP110060 formerly part of Lot 14 balance on RB19 Lot 12 on SP152770 formerly part of Lot 14 balance on RB19 Lot 15 on SP152770 formerly part of Lot 14 balance on RB19 Lot 16 on SP152770 formerly part of Lot 14 balance on RB19 Lot 17 on SP152770 formerly part of Lot 9 on RB14 Lot 18 on SP152770 formerly part of Lot 9 on RB14 Lot 19 on SP152770 formerly part of Lot 14 balance on RB19 Lot 55 on SP152770 formerly part of Lot 14 balance on RB19 Lot 1 on SP232658 formerly part of Lot 14 balance on RB19 Lot 1 on SP120230

SCHEDULE 5 - Other Interests The nature and extent of the Other Interests in relation to the Native Title Land are the following as they exist as at the date of determination: PART A - GENERAL 1 The rights and interests of all parties to the Indigenous Land Use Agreements listed in Schedule 6 and Schedule 7 arising by reason of those agreements. 2 The rights and interests of Telstra Corporation Limited (or its corporate successor): (a) as the owner or operator of telecommunications facilities on the Native Title Lands; (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 and operate existing and new telecommunications facilities; (iii) to alter, remove, replace, maintain, repair and ensure the proper functioning of its existing and any new telecommunications facilities; (iv) for its employees, agents or contractors to access its telecommunications facilities in and in the vicinity of the Native Title Land in performance of their duties; and (c) under any lease, licence, access agreement or easement relating to its telecommunications facilities in the Native Title Land. PART B - SOUTH AUSTRALIA 3 The interests created by the following pastoral leases: Lease Name Pastoral Lease Number Crown Lease Number Macumba 2528 Volume 1607 Folio 55 Kallakoopah West 2534 Volume 1628 Folio 21 Kalamurina 2412 Volume 1323 Folio 22 Cowarie 2389 Volume 1311 Folio 41 Koodnanie 2414 Volume 1342 Folio 26 Kanowana 2386 Volume 1323 Folio 48 Goyder Lagoon 2385 Volume 1323 Folio 47 Clifton Hills 2387 Volume 1597 Folio 90 Andrewilla 2413 Volume 1323 Folio 33 Alton Downs 2390 Volume 1327 Folio 10 Pandie Pandie 2406 Volume 1350 Folio 18 Beckwith 2387A Volume 1597 Folio 91

4 The interests of the Crown in right of the State of South Australia; 5 In relation to the NPWA Reserve set out in Part A of Schedule 3: (a) the rights and interests of the Crown in right of the State of South Australia pursuant to the National Parks and Wildlife Act 1972 (SA); (b) the rights and interests of the public to use and enjoy the NPWA Reserve consistent with the National Parks and Wildlife Act 1972 (SA); and (c) the interests of persons to whom valid or validated rights have been granted under the National Parks and Wildlife Act 1972 (SA). 6 The interests of persons to whom valid or validated rights and interests have been granted or recognised by the Crown in right of the State of South Australia, or by the Commonwealth of Australia pursuant to statute or otherwise in the exercise of executive power including, but not limited to, rights and interests granted or recognised pursuant to the Crown Land Management Act 2009 (SA), Crown Lands Act 1929 (SA), Mining Act 1971 (SA), Petroleum and Geothermal Energy Act 2000 (SA) and Opal Mining Act 1995 (SA), all as amended from time to time. 7 Rights or interests held by reason of the force and operation of the laws of the State of South Australia or of the Commonwealth. 8 The rights to access land by an employee or agent or instrumentality of the State of South Australia, the Commonwealth or other statutory authority as required in the performance of his or her statutory or common law duties where such access would be permitted to private land. 9 The rights and interests of Permian Oil Pty Ltd (ACN 104 456 386) (Permian): (a) as one of the holders of Petroleum Exploration Licences PEL 87 and PEL 424 ('Permian Exploration Licences') granted pursuant to the Petroleum and Geothermal Energy Act 2000 (SA); (b) as the owner or operator of flowlines and other infrastructure reasonably necessary for and incidental to the Permian Exploration Licences pursuant to the Petroleum and Geothermal Energy Act 2000 (SA); (c) created pursuant to the Petroleum and Geothermal Energy Act 2000 (SA); and (d) for the employees, agents or contractors of Permian to enter the Native Title Land to access the rights and interests of Permian and to do all things necessary or appropriate to exercise those rights and interests in, or in the vicinity of, the Native Title Land in performance of their duties; (e) of access and ingress to and egress from the area of a licence held under the Petroleum and Geothermal Energy Act 2000 (SA) by authorisation of the licence holder. 10 The rights and interests of Stuart Petroleum Pty Ltd (ACN 059 146 226) (Stuart Petroleum): (a) as the holders of Petroleum Exploration Licences PEL 288, PEL 289, PEL 290 and PEL 331 ("Stuart Petroleum Exploration Licences") granted pursuant to the Petroleum and Geothermal Energy Act 2000 (SA); (b) as the owner or operator of other infrastructure reasonably necessary for and incidental to the Stuart Petroleum Exploration Licences pursuant to the Petroleum and Geothermal Energy Act 2000 (SA); (c) created pursuant to the Petroleum and Geothermal Energy Act 2000 (SA); (d) for the employees, agents or contractors of Stuart Petroleum to enter the Native Title Land to access the rights and interests of Stuart Petroleum and to do all things necessary or appropriate to exercise those rights and interests in, or in the vicinity of, the Native Title Land in performance of their duties; and (e) of access and ingress to and egress from the area of a licence held under the Petroleum and Geothermal Energy Act 2000 (SA) by authorisation of the licence holder. 11 The rights and interests of Victoria Oil Exploration (1977) Pty Ltd (ACN 008 898 431) (Victoria Oil): (a) as one of the holders of Petroleum Exploration Licences PEL 87 and PEL 424 ("Victoria Oil Exploration Licences") granted pursuant to the Petroleum and Geothermal Energy Act 2000 (SA); (b) as the owner or operator of other infrastructure reasonably necessary for and incidental to the Victoria Oil Exploration Licences pursuant to the Petroleum and Geothermal Energy Act 2000 (SA); (c) created pursuant to the Petroleum and Geothermal Energy Act 2000 (SA); (d) for the employees, agents or contractors of Victoria Oil to enter the Native Title Land to access the rights and interests of Victoria Oil and to do all things necessary or appropriate to exercise those rights and interests in, or in the vicinity of, the Native Title Land in performance of their duties; and (e) of access and ingress to and egress from the area of a licence held under the Petroleum and Geothermal Energy Act 2000 (SA) by authorisation of the licence holder. PART C - QUEENSLAND 12 The rights and interests of the holders of the following: (a) Pastoral Holding Term Lease 236411 comprising Lot 20 on SP 255335 and known as Roseberth; (b) Pastoral Holding 4/5220 comprising Lot 5220 on PH1780 and known as Kamaran Downs; (c) Pastoral Development Holding 4/5308 comprising Lot 1 on CP910370 and known as Glengyle; and (d) Pastoral Development Holding 4/5331 comprising Lot 5331 on SP255336 and known as Adria Downs. 13 The rights and interests of the parties under the Memorandum of Understanding between the Wangkangurru/Yarluyandi Native Title Claim Group and the Wangkamahdla/Wangkamanha People dated 20 February 2013 (attached as Annexure A to this Schedule). 14 The rights and interests of the State of Queensland and the interests of any permittees, licensees or authorities pursuant to the Nature Conservation Act 1992 (Qld) and subordinate legislation relating to the management of Lot 1 on NPW423 (Munga Thirri National Park). 15 The rights and interests of the State of Queensland and the Diamantina Shire Council to access, use, operate, maintain and control the dedicated roads in that part of the Native Title Land located in the State of Queensland, and the rights and interests of the public to use and access the roads. 16 The rights and interests of the Diamantina Shire Council for that part of the Native Title Land located in the State of Queensland and within its Local Government Area, including: (a) its powers, functions, responsibilities and jurisdiction under a Local Government Act; (b) its rights and interests under any interest in land or waters within the Determination Area including under any lease, licence, access agreement, easement or reserve in the Determination Area; (c) the rights to use, operate, maintain, replace, restore, remediate, repair and otherwise exercise all other rights as owners and operators of infrastructure, structures, earthworks, access works, facilities and other improvements within the Determination Area; (d) the rights under any agreements between Council and third parties which relate to land or water in the Determination Area; (e) the rights of its employees, agents and contractors to enter upon the Determination Area for the purpose of performing their powers and responsibilities under paragraphs (a) to (d); and (f) the rights and interests of the State of Queensland in Reserves, the rights and interests of the trustees of those Reserves and of the persons entitled to access and use those Reserves for the respective purpose for which they are reserve. 17 The rights and interests of Ergon Energy Corporation Limited (ACN 087 646 062): (a) as the owner and operator of any "works" as that term is defined in the Electricity Act 1994 (Qld) within the Native Title Land; (b) as a distribution entity and holder of a distribution authority under the Electricity Act 1994 (Qld); (c) created under the Electricity Act 1994 (Qld) and the Government Owned Corporations Act 1993 (Qld); including: (i) rights in relation to any agreement relating to the Native Title Land existing or entered into before the date on which these Orders are made; (ii) rights to enter the Native Title Land by its employees, agents or contractors to exercise any of the rights and interests referred to in this paragraph; and (iii) to inspect, maintain and manage any works in the Native Title Land. 18 So far as confirmed pursuant to s 212(2) of the NT Act and s 18 of the Native Title (Queensland) Act 1993 (Qld) as at the date of the Determination, any existing public access to, and enjoyment of, the following places in that part of the Native Title Land located in the State of Queensland: (a) Waterways; (b) Beds and banks of waterways; (c) Stock routes; and (d) Areas that were public places at the end of 31 December 1993. 19 The rights and interests of members of the public arising under the common law, including but not limited to the following: (a) the public right to fish. 20 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 of Queensland or the Commonwealth of Australia. ANNEXURE A TO SCHEDULE 5 - CONFIDENTIAL (document not included in orders) AGREEMENT dated the 20th day of February 2013 BETWEEN THE WANGKANGURRU/YARLUYANDI NATIVE TITLE CLAIM GROUP by ARTHUR AH CHEE, BRENDA SHIELDS, HAYDYN BROMLEY, SHARON LUCAS AND LINDA CROMBIE (deceased) AND THE WANGAMADLA/WANGKAMANHA PEOPLE Note: This confidential document is not to be inspected without the leave of the Court. SCHEDULE 6 - Details of Indigenous Land Use Agreements in the Determination Area - South Australia A. PROPOSED ILUAS

1. Wangkangurru Yarluyandi Native Title Claim Settlement Indigenous Land Use Agreement (Body Corporate Agreement)
2. Wangkangurru Yarluyandi Parks (Simpson Desert Regional Reserve and Simpson Desert Conservation Park) Indigenous Land Use Agreement (Body Corporate Agreement)
3. Wangkangurru Yarluyandi Alton Downs Pastoral Indigenous Land Use Agreement
4. Wangkangurru Yarluyandi Clifton Hills Pastoral Indigenous Land Use Agreement
5. Wangkangurru Yarluyandi Cowarie Pastoral Indigenous Land Use Agreement
6. Wangkangurru Yarluyandi Kalamurina Pastoral Indigenous Land Use Agreement
7. Wangkangurru Yarluyandi Macumba Pastoral Indigenous Land Use Agreement
8. Wangkangurru Yarluyandi Pandie Pandie Pastoral Indigenous Land Use Agreement B. PREVIOUSLY EXECUTED ILUA
9. Wangkangurru Yarluyandi Petroleum Conjunctive ILUA (Area Agreement) S12011/023 executed on 24/06/2011 Registered on 02/03/2012. SCHEDULE 7 - Details of Indigenous Land Use Agreements in the Determination Area - QUEENSLAND A. PROPOSED ILUAS
10. Arthur Ah Chee, Haydyn Bromley, Belinda Shields, Sharon Lucas, Raelene Hudson (Deceased) and Linda Crombie (deceased) on their own behalf and on behalf of the Wangkangurru/Yarluyandi People, Wangkangurru/Yarluyandi Aboriginal Corporation the State of Queensland, and Wangkangurru/Yarluyandi Aboriginal Corporation RNTBC as parties to the Munga Thirri National Park Protected Areas Indigenous Land Use Agreement (body corporate agreement), which was authorised on 16 August 2014 and executed by Arthur Ah Chee, Haydyn Bromley, Belinda Shields, Sharon Lucas and Raelene Hudson (Deceased) on their own behalf and on behalf of the Wangkangurru/Yarluyandi People , Wangkangurru/Yarluyandi Aboriginal Corporation and the State of Queensland and that agreement once it becomes registered as a body corporate ILUA following execution of the agreement by the Registered Native Title Body Corporate. B. PREVIOUSLY EXECUTED ILUAS
11. Arthur Ah Chee, Brenda Shields, Haydyn Bromley, Raelene Hudson (deceased), Sharon Lucas and Linda Crombie (deceased) on behalf of the Wangkangurru/Yarluyandi People and Ergon Energy Corporation (ACN 087 646 062) as parties to the Indigenous Land Use Agreement registered on 30 January 2013.
12. Arthur Ah Chee, Brenda Shields, Haydyn Bromley, Sharon Lucas, Linda Crombie (deceased) and Raelene Hudson (deceased) on behalf of the Wangkangurru/Yarluyandi People and Diamantina Shire Council as parties to the indigenous land use agreement registered on 10 January 2013. SCHEDULE 8 No. SAD6016 of 1998 Federal Court of Australia District Registry: South Australia Division: General Applicants Second Applicant: Haydyn Bromley Third Applicant: Linda Crombie (Deceased) Fourth Applicant: Sharon Lucas Fifth Applicant: Brenda Shields Sixth Applicant: Raelene Hudson (deceased) Respondents Respondent: State of Queensland Respondent: South Australian Native Title Services Ltd Respondent: Diamantina Shire Council Respondent: Australian Wildlife Conservancy Respondent: Anthony William Brook Respondent: David Brook Respondent: Gary Francis Brook Respondent: Jenna Louise Brook Respondent: Karen Liana Brook Respondent: Brooklands Pastoral Company Pty Ltd Respondent: Broschul Pty Ltd Respondent: John Gwynne Hughes Respondent: Geoffrey Lyle Morton Respondent: Ann Sharon Oldfield Respondent: S Kidman & Co Ltd Respondent: Charles Simpson Respondent: Ergon Energy Corporation Limited Respondent Permian Oil Pty Ltd Respondent Victoria Oil and Exploration (1977) Pty Ltd Respondent: South Australian Apiarists Association Inc IN THE FEDERAL COURT OF AUSTRALIA SOUTH AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION SAD 6016 of 1998

JUDGE: MANSFIELD J DATE: 3 OCTOBER 2014 PLACE: PELICAN POINT

INTRODUCTION 1 This application is for the determination that native title should be recognised to exist and to have existed at least since European settlement over a very substantial area of land in the north east of South Australia and the south west of Queensland (the Determination Area). It is remote and extraordinary country. It was only in the mid-1870s that European settlement first made a presence in the area. 2 The area to be so recognised covers approximately 60,600 square km in the far north/north east of South Australia (the South Australian Determination Area) and approximately 19,000 square km in south western Queensland (the Queensland Determination Area). The South Australian Determination Area includes the Simpson Desert Conservation Park and the Simpson Desert Regional Reserve. Together, these reserves comprise approximately 36,000 square km with the remaining area predominantly comprising land held under pastoral lease. 3 The Simpson Desert is located within the driest region of the Australian continent and has an average rainfall of between 150 - 200 mm per year. It is a remote and arid landscape characterised by parallel sand dunes, salt pans and spinifex. The Desert is underlain by the Great Artesian Basin and there are some naturally occurring springs, as well as man-made bores, in the area. In some years the area can be subject to flooding due to tropical rainfall events, creating temporary lakes and waterholes. Temperatures in the area can range from freezing on winter mornings, with summer temperatures reaching up to 50°C. 4 The Queensland Determination Area, in the south western corner of that State, includes some 10,000 square kilometres of the Munga-Thirri National Park with its remarkable sand dunes, and the township of Birdsville. The Park is some 75-80 km west of Birdsville, which is also within the Queensland Determination Area, alongside the Diamantina River and so the area includes part of what is called the Channel Country of central and southern west Queensland. 5 The Court is asked to make orders that the Wangkangurru/Yarluyandi People were and are the traditional owners of the Determination Area. It is important to emphasise the nature of the orders sought. The Court is not granting the land to those people. It is declaring that the Wangkangurru/Yarluyandi People have and always have had the traditional rights and interests in the Determination Area. 6 The orders are made under the Native Title Act 1993 (Cth) (the NT Act). On behalf of all Australian people, it recognised in its Preamble that Aboriginal people inhabited this country for many many years prior to European settlement and were progressively dispossessed of their lands. The Preamble records that, by the overwhelming vote of the people of Australia, the Constitution was amended to enable laws such as the NT Act to be passed to facilitate the recognition by our shared legal system of the native title rights and interests in land which existed at the time of European settlement. 7 The determination is made with the consent of the State of South Australia and of the State of Queensland and all of the respondents whose interests might be affected by the Orders to be made, including the Diamantina Shire Council, and those who have pastoral or mining interests in any part of the Determination Area. The consent of the two States indicates that the whole of the Australian community shares in, and supports, recognising that status of the Wangkangurru/Yarluyandi People.

THE LEGISLATIVE REQUIREMENTS 8 Section 223 of the NT Act defines native title as: (1) … the communal, group or individual rights and interests of Aboriginal peoples … in relation to land or waters, where: (a) the rights and interests are possessed under the traditional laws acknowledged, and the traditional customs observed, by the Aboriginal peoples …; and (b) the Aboriginal peoples …, by those laws and customs, have a connection with the land or waters; and (c) the rights and interests are recognised by the common law of Australia. 9 Those requirements have been much discussed. Where, as here, the Court is asked to make a determination by consent using its powers under s 87 of the NT Act, the means by which the Court can be satisfied of the elements of the definition of native title is a straightforward one. 10 In Starkey v State of South Australia [2014] FCA 924, Allsop CJ referred extensively to the remarks of Keane CJ in King on behalf of the Eringa Native Title Claim Group v State of South Australia [2011] FCA 1387, especially at [19]-[22]. Chief Justice Allsop said at [20]-[21]: … Keane CJ affirmed the practice of the Court to rely upon the processes of the relevant State or Territory about the requirements of s 223 being met to be satisfied that the making of the agreed orders is appropriate. That is because each State and Territory has developed a protocol or procedure by which it determines whether native title (as defined in s 223) has been established. As Keane CJ said, that is because the relevant State or Territory acts in the public interest and as the public guardian in doing so. His Honour noted that the State or Territory has access to anthropological, and where appropriate, archaeological, historical and linguistic expertise. It has a legal team to manage and supervise the testing as to the existence of native title in the claimant group. Consequently, the Court must, of course, preserve to itself the question whether it is satisfied that the proposed orders are appropriate in the circumstances of each particular application, generally the Court reaches the required satisfaction by reliance upon those processes. They are commonly explained in the joint submissions of the parties in support of the orders agreed. I have had the benefit of such joint submissions in this instance. That approach reflects the comments of North J in Lovett on behalf of the Gunditjmara People v State of Victoria [2007] FCA 474 at [36]-[37] that: The Act [Native Title Act] is designed to encourage parties to take responsibility for resolving proceeding without the need for litigation. Section 87 must be construed in this context. The power must be exercised flexibly and with regard to the purpose for which the section is designed. In this context, when the court is examining the appropriateness of an agreement, it is not required to examine whether the agreement is grounded on a factual basis which would satisfy the Court at a hearing of the application. The primary consideration of the Court is to determine whether there is an agreement and whether it was freely entered into on an informed basis: Nangkiriny v State of Western Australia (2002) 117 FCR 6; [2002] FCA 660, Ward v State of Western Australia [2006] FCA 1848. Insofar as this latter consideration applies to a State party, it will require the Court to be satisfied that the State party has taken steps to satisfy itself that there is a credible basis for an application: Munn v Queensland (2001) 115 FCR 109; [2001] FCA 1229. 11 Hence, as contemplated by s 87, the Court may make the orders proposed by consent and without a full hearing, provided that: (1) the period specified in the notice given under s 66 of the NT Act has ended and there is an agreement on the terms of a proposed determination of native title in relation to the Determination Area: s 87(1)(a) and (b); (2) the terms of the proposed determination are in writing and are signed by or on behalf of each of the relevant parties: (s 87(1)(b); (3) the Court is satisfied that an order in, or consistent with, the terms of the proposed determination would be within its power: s 87(1)(c); (4) the Court considers that it would be appropriate to make the orders sought: s 87(1A) and (2); and (5) the orders sought comply with s 94A of the NT Act, which deals with the requirements of native title determination orders as specified in s 225 of the NT Act. These reasons for judgment explain why the Court is satisfied of those matters. 12 In addition, the authorities indicate that the Court should have regard to the following before making determinations of native title by consent: (1) whether all parties likely to be affected by an order have had independent and competent legal representation; (2) whether the rights and interests that are to be declared in the determination are recognisable by the law of Australia or the State in which the land is situated; and (3) that all of the requirements of the NT Act are complied with. Again, these reasons for judgment explain why the Court is satisfied of those matters. 13 It is important to address those matters because the recognition given by the orders to be made will apply not just between the parties who have participated in the proceeding, but to all the people of Australia: Munn (for and on behalf of the Guggari People) v The State of Queensland (2001) 115 FCR 109 (Munn v Queensland). 14 The formal requirements referred to are clearly satisfied. The period of notice imposed under s 66 has clearly elapsed. A signed copy of the agreed orders has been filed with the Court. No objection to the proposed orders has been given. 15 There are more substantive requirements imposed by s 87(1A)(a) and (2) which require that, for the Court to make the proposed consent determination of native title without a hearing, the Court must be satisfied that it would be appropriate to do so. In addition, because the orders seek a determination of native title, they must comply with s 94A of the NT Act which requires the proposed orders to set out details of the matters mentioned in s 225 of the NT Act. 16 Section 225 defines a determination of native title as: A determination…whether or not native title exists in relation to a particular area (the determination area) of land or waters and, if it does exist, a determination of: (a) who the persons, or each group of persons, holding the common or group rights comprising the native title are; and (b) the nature and extent of the native title rights and interests in relation to the determination area; and (c) the nature and extent of any other interests in relation to the determination area; and (d) the relationship between the rights and interests in paragraphs (b) and (c) (taking into account the effect of this Act); and (e) to the extent that the land or waters in the determination area are not covered by a non-exclusive agricultural lease or a non-exclusive pastoral lease - whether the native title rights and interests confer possession, occupation, use and enjoyment of that land or waters on the native title holders to the exclusion of all others.

CONSIDERATION 17 In Munn v Queensland, Emmett J at [29]-[30] expressed the view that the Court needs to be satisfied at least that the State, through competent legal representation, is satisfied as to the cogency of the Applicant's evidence and has considered the interests of the community generally. 18 The Court has, in many other cases determined pursuant to s 87 of the NT Act, been prepared to rely upon the processes of the relevant state or territory government about the requirements of s 223 being met to be satisfied that the making of the agreed orders is appropriate: see eg Far West Coast Native Title Claim v State of South Australia (No 7) [2013] FCA 1285; Dodd v State of South Australia [2012] FCA 519; Lovett (on behalf of the Gunditjamara People v Victoria [2007] FCA 474; Yungngora People v Western Australia [2007] FCA 588; King v Northern Territory [2011] FCA 582; Nelson v Northern Territory [2010] FCA 1343. 19 The State of South Australia has developed a rigorous process for assessing the evidence in native title claims against the requirements of the NT Act. This process is outlined in the State's published policy document Consent Determinations in South Australia: A Guide to Preparing Native Title Reports (CD Policy). The State of South Australia has, in accordance with its published CD Policy, conducted a lengthy and rigorous assessment of the evidence provided in support of this claim where it falls within this State. It has assessed anthropological and historical evidence submitted by the claimants, and has made its own independent inquiries. 20 The State of Queensland was provided with evidence in support of the Wangkangurru/Yarluyandi Application by the applicant and also had regard to other material available to it on a confidential basis. The evidence considered by the State includes: (a) the connection report and genealogies prepared by Dr Kingsley Palmer and Ms Lyn Coad on behalf of the applicant, dated September 2011 (the Palmer/Coad Report); (b) the transcript of proceedings and Report of the Land Tribunal in relation to Aboriginal Land Claim - Wangkangurru (Simpson Desert) Land Claim No 156 dated December 1994; and (c) the research report prepared by Dr Rita Farrell for the National Native Title Tribunal, dated February 2008 (the Material). 21 The Material was assessed by the State of Queensland for the purpose of determining whether a credible basis for the Wangkangurru/Yarluyandi Application existed and whether the requirements of s 223(1) of the NT Act were met. That assessment was carried out on behalf of the State of Queensland by a senior anthropologist employed by Aboriginal and Torre Strait Islander Land Services, Queensland Department of Natural Resources and Mines, and a Principal Lawyer employed by Crown Law. Concerns held by the State of Queensland following its initial assessment of the Material were addressed in a conference with Dr Kingsley Palmer held in Adelaide on 11 December 2012, followed by an exchange of correspondence. 22 That careful process has led to the State of Queensland being satisfied that the requirements of s 223(1) of the NT Act have been met, and to its consent to a determination of native title pursuant to s 87 of the NT Act. 23 That careful and thorough process, together with the level of satisfaction that both States have reached on the relevant issues, and their consent to the proposed determination, is explained by reference to the available evidence. 24 I accept that material has the qualities and content referred to in the submissions. It enables the Court to be satisfied that it has the power to make the orders sought and that it is appropriate to do so. I adopt the submissions for the following section of these reasons, identifying why the elements of s 223 of the NT Act are satisfied. 25 The Palmer/Coad Report concluded that the contemporary society is defined by membership of the Wangkangurru and/or Yarluyandi language group(s). Membership of the language group is by way of cognatic filiation and accordingly, because there may be more than one line of descent, language group identity is not necessarily exclusive. For example, an individual could claim both a Wangkangurru and a Yarluyandi language group identity. 26 While filiation is the principal requirement for the assertion of rights to this country, it is only considered to provide potential rights. The realisation and exercise of rights to country is conditional upon the possession of knowledge of the country and its spiritual and mythical propensities and qualities (mura). 27 Birth on country can bolster claimed rights but is not sufficient in and of itself to give rise to rights to country in the absence of a filiative link. Birthplace, however, is considered to be of special significance, providing grounds for asserting a special attachment to a particular area within one's broader ancestral country. 28 Ethnographic literature makes reference to the Wangkangurru and Yarluyandi, variously spelled, within the claim area at the time of the first sustained contact with Europeans in the area, being the mid-1870s. The early ethnographic literature also identified other groups within the claim area and its surrounds (ten groups in total were identified from the study of the early ethnography). The Palmer/Coad Report considered that this large number of named groups indicates they are likely to have been non-exclusive local identifying names and not "indicative of discrete or autonomous landed entities". Given the number of names, some groups may have been quite small and some names, such as Wangkangurru, may have been of general application, perhaps being the name of the language members of the group commonly spoke. In their opinion, these groups were likely to have been inter-dependent, sharing cultural beliefs and practices and exercising rights together over diverse areas. The Applicant's experts concluded that, notwithstanding the reference to a number of groups in the early ethnographic literature, at the time of sovereignty there were likely to have been only four "language groups" in the area, namely the Wangkangurru, the Yarluyandi, the Ngameni and the Karanguru. 29 Based on evidence from early accounts (views endorsed by Luise Hercus and other later writers), the Wangkangurru, the Yarluyandi, the Ngamani and the Karanguru can be understood as comprising a single society or community at sovereignty. 30 Only two of those four groups remain. It is considered that the Ngamani and the Karanguru have either died out or, more likely, were absorbed by the two surviving groups. The process of succession by the surviving groups to the country of the Ngamani and Karanguru was, according to the experts, a result of the close cultural ties and the shared laws and customs of those four groups. 31 While the State of South Australia's experts, Drs Fergie and Lucas, approached the evidence in a slightly different fashion to Dr Palmer, they did not ultimately dispute the conclusion that the contemporary claimants are the relevant society for native title purposes. In their opinion, this conclusion was strongly supported by the genealogical data collected in the Palmer/Coad Report and prepared by Ms Coad which demonstrates a complex web of inter-relatedness and intermarriage amongst those who were evidenced in the claim area at or around the time of first contact. 32 I am also satisfied that the proposed determination describes, in accordance with the evidence, those persons who are members of the native title holding group, and that the description is sufficient to identify the native title holding group, and its society, and satisfies the requirements of the NT Act. 33 The date of acquisition of sovereignty for this area was 1788. However, as noted above, the first period of sustained contact with Europeans in the Determination Area was not until the mid-1870s. The evidence supports the conclusion that, at that time, the Wangkangurru, Yarluyandi, Ngamani and Karanguru were in occupation of the Determination Area. 34 The evidence also supports the view that the Applicants are the descendants of those in possession of the country at the date of effective sovereignty. 35 The continued existence and vitality of laws and customs governing membership and rights to country of the native title holding group is an important requirement. A key aspect of that identity is membership of the Wangkangurru and/or Yarluyandi language group through descent. Early ethnographic literature and subsequent material by Luise Hercus, who undertook considerable linguistic studies in the claim area from the 1970s, suggests that rights to country were obtained through succession to the mythology relevant to locations (mura) predominantly by patrilineal descent, although inheritance of Mardu (totemic identity giving rise to secondary rights to that country connected to the Mardu totem) was matrilineal. 36 The Applicant's experts consider that at the time of sovereignty those who occupied the area recognised a system of named, exogamous moieties. There were two moieties: matari and kararu. An inherited totem was also associated with the moiety system. 37 Based on evidence gathered, the Applicant's experts concluded that the moiety system is no longer part of contemporary practice. The evidence provided suggests there is still knowledge of the totem system, and certain rules are still adhered to (for example that you do not eat your totem) although it seems there is now some element of choice with regard to inheritance of the totem. The Palmer/Coad Report concludes that, although the relationship between moiety and totem is no longer part of contemporary practice and there have been some changes in the manner of totemic acquisition, totemic relationships still play an important part in the claim group's assertion and articulation of relationships with the natural world. 38 The evidence suggests that amongst the contemporary claimant group there has been a shift away from a system of rights to land obtained through patrifilial descent to a system of cognatic filiation. The experts agreed that this shift is firmly rooted in the customary system of traditional law and custom. 39 While some of the detail of the mythology that would have been present at sovereignty has been lost, there was evidence of individuals with a detailed knowledge of narratives and their associated places. Many of the claimants consider that the mythic beings, or mura, have a contemporary reality. The Palmer/Coad Report concludes that knowledge continues to be of central importance to the claimants and that this is based on customary principles. It concluded that kinship terms recorded in the early ethnography are comparable with those Wangkangurru kin names recorded by Hercus, and that a large number of Wangkangurru kin terms are recalled by the claimants. 40 The Palmer/Coad Report also summarises records in the early ethnography relating to ritual practices including rights of passage, corroboree and increase rituals. However, while it records details of two older claimants who underwent initiation rituals in their youth, ritual practices associated with initiation and rites of passage are no longer performed or part of contemporary Wangkangurru/Yarluyandi practice. Similarly, while older claimants retain some memory of "travelling rituals" or corroborees, they no longer form part of contemporary practice. There is contemporary evidence of burial and mortuary practices consistent with those recorded in early ethnography including, among other things, accounts of placing sticks and logs over graves and avoiding mention of the deceased's name. 41 The Palmer/Coad Report provides evidence of knowledge and use of natural resources across the claim area which are accepted as constituting a body of customary knowledge. The evidence supports the conclusion that this knowledge has been learnt by the claimants from their parents, grandparents and elders, and as such demonstrates a continuous process of transmission of knowledge which one can readily infer has continued from sovereignty. 42 Consequently, despite some cultural losses that have occurred since sovereignty, there remains a body of traditional law and custom sufficient for a consent determination that has had continued existence and vitality and that their observance has continued "substantially uninterrupted" since sovereignty. 43 The evidence is that there have been significant demographic changes in the claim area following European settlement. The Simpson Desert heartlands were no longer inhabited on a permanent basis after about 1900 and there was a further movement of people away from cattle stations and towards towns in the 1960s. Nevertheless, connection to their country is retained by contemporary claimants through the continued practice of laws and customs related to "ownership" of mura and rights to country deriving from that knowledge. There is evidence of continued occupation and use of the claim area by the members of the claim group, as well as knowledge of the claim area and its resources. There is evidence of duties to care for country, including places associated with mura and mikiri (desert wells). Evidence was provided by the claimants identifying several mikiri sites and other significant sites. While evidence of contemporary connection to the central Simpson Desert region was slight, it is likely that even at the time of sovereignty the area would only have been sporadically visited and use was likely to have been limited largely to areas in which water was available from mikiri. 44 It is accepted that the continued acknowledgement and observance of traditional laws and customs by this claim group relating to locations only infrequently visited is sufficient to sustain a spiritual relationship with the land and therefore maintain rights in the whole area. Consequently, it is appropriate to accept for the purposes of a consent determination that members of the native title claim group have, by their laws and customs, a connection to the country claimed. 45 The rights and interests to be recognised are set out at Order 8 of the proposed determination. They are consistent with the rights and interests that would have been observed traditionally. They are also consistent with rights recognised by the Federal Court elsewhere in South Australia. 46 The informants to the Palmer/Coad Report explained that they consider they have certain rights which they can freely exercise over the claim area. The rights discussed included the rights to: (1) visit, camp and stay; (2) make a fire ; (3) gather bush foods; (4) hunt for meat including goanna, kangaroo and rabbit; (5) fish and take yabbies and crabs; (6) take seeds; (7) take gum; (8) cook; (9) collect ochre; and (10) practice cultural activities. 47 The Palmer/Coad Report provides evidence of continued knowledge of bush and other resources of the claim area together with evidence of their contemporary utilisation. It also provides evidence that this knowledge has been transmitted to the current generation of claimants from previous generations. 48 It also provided evidence of the conduct of ceremonies and cultural activities on the claim area and the transmission of knowledge regarding matters of cultural and religious significance. Evidence was also provided of mortuary practices and of grave sites on the claim area. 49 Consequently, it is appropriate to proceed on the basis that the native title rights and interests claimed arise from the claimants' traditional laws and customs and that they have evolved from the native title rights and interests as they were likely to have been at sovereignty. 50 Section 225 of the NT Act specifies what the proposed determination must include. 51 It clearly describes the external boundaries of the Determination Area, and sets out with particularity those areas where native title exists (Native Title Land) (Order 4), and those areas within the Determination Area where native title is extinguished (Order 5). 52 For the purpose of s 225(a) of the NT Act, Order 7 defines the group of native title holders and the criteria by which they have group membership. 53 For the purpose of s 225(b) of the NT Act, Order 8 sets out the nature and extent of the native title rights and interests in the Determination Area and Orders 11 to 15 set out the general limitations on their exercise. 54 For the purpose of s 225(c) of the NT Act, Order 16 of the proposed determination sets out the nature and extent of other interests in the Native Title Land. That has been informed by tenure searches undertaken and by input from other respondent parties to the claim. There has been ample opportunity for any other interest holders in the area to identify themselves and join as parties to the claim. These tenure searches have not identified any other relevant interest holders in the Determination Area. 55 For the purpose of s 225(d) of the NT Act, Order 17 describes the relationship between the native title rights in Order 8 and those other rights in Order 16. 56 For the purpose of s 225(e) of the NT Act the native title rights and interests recognised in the Determination are non-exclusive.

CONCLUSION 57 Agreement has been reached between the principal parties to these proceedings on the terms of the proposed determination and signed copies of the Agreement under s 87 of the NT Act have been filed with the Court. Signatories include the South Australian Native Title Services Ltd, who is the native title service provider for the Determination Area, the Diamantina Shire Council, Ergon Energy Corporation, the Australia Wildlife Conservancy and represented mining and pastoral interests. 58 The Wangkangurru Yarluyandi native title claim was filed with this Court on 21 August 1997 and was amended on 13 March 2009 and 8 October 2009. Full notification by the National Native Title Tribunal under s 66 of the NT Act (using tenure current at the time) closed on 7 May 2001. 59 All of the parties to the Determination have had independent and competent legal advice in the proceeding. 60 A full tenure history of the Determination Area has been obtained and assessed. All the parties with an interest in that portion of the claim which might affect them have been consulted. This has allowed the two States and the Applicants to agree those areas where native title has been extinguished by prior grant of tenure or activities and to record those areas with specificity in the proposed determination. These matters are recorded in Schedule 4 to the Orders to be made. 61 On the basis of all that material, in my view it is appropriate, and within its power, for the Court to make the orders proposed pursuant to s 87. 62 I note that immediately following the making of the Determination, the State of South Australia, the Applicant and the nominated native title holding body will execute the Wangkangurru Yarluyandi Claim Settlement ILUA. The Wangkangurru Yarluyandi Claim Settlement ILUA provides for a process, as the alternative to Division 3 Part 2 of the NT Act, pursuant to which the State of South Australia may undertake future acts on Native Title Land in the Determination Area. In addition, the Wangkangurru Yarluyandi Settlement ILUA addresses the provision of compensation in full and final settlement of the existing compensation liability pursuant to the NT Act in relation to the South Australian Determination Area. This means that all issues relating to native title in the South Australian portion of the claim will be finally resolved. 63 I note further that a series of Indigenous Land Use Agreements as listed in Schedule 6 to the proposed determination are to be executed at the same time, relating to the South Australian section of the Determination Area. 64 There are also a series of proposed Indigenous Land Use Agreements as described in Schedule 7 to the proposed determination to be executed in due course in relation to the Queensland Determination Area: see Orders 16 and 17, Schedule 5 Part A Clause 1. 65 In accordance with ss 55 and 56 of the NT Act, Order 19 determines that the native title hereby recognised is to be held in trust, and Order 20 identifies the prescribed body corporate for the purposes of s 57(2) of the NT Act. 66 For the above reasons, the Court should and does give effect to the agreement of the parties. Accordingly, the Court makes a determination of native title in favour of the Wangkangurru/Yarluyandi People in the agreed terms. I certify that the preceding sixty-six (66) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Mansfield.