Bandjalang People No 1 and No 2 v Attorney General of New South Wales - [2013] FCA 1278 - FCA 2013 case summary — Zoe

CTHFCA

Bandjalang People No 1 and No 2 v Attorney General of New South Wales

[2013] FCA 1278

Federal Court of Australia|2013-12-02|Before: Jagot J

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Source facts

Court

Federal Court of Australia

Decision date

2013-12-02

Before

Jagot J

Catchwords

NATIVE TITLE - consent determination

Source

Original judgment source is linked above.

Catchwords

NATIVE TITLE - consent determination

Judgment (52 paragraphs)

[1]

BEING SATISFIED that a determination of native title in the terms sought by the parties is within the power of the Court, and it appearing appropriate to do so by consent of the parties and pursuant to ss. 87(4) and 94A of the Native Title Act 1993 (Cth) 1993, THE COURT NOTES THAT: A. It is the intention of the State of New South Wales and the Applicant without delay to enter into an Indigenous Land Use Agreement for the following purposes: i. To establish regimes for the future management of the State Forests, National Parks, Crown reserves, the travelling stock reserves and the fisheries resource within the Consent Determination Area; ii. To provide a regime for the undertaking of Future Acts in the Consent Determination Area; and iii. To achieve a final settlement with the Bandjalang People for any past affect to their native title rights and interests. A. The parties have agreed that the land within the claim area for the Proceedings that wasubject to an order under Regulation 54 of the National Security (General) Regulations be included within the Consent Determination Area. B. The parties have also agreed that the NSW Attorney General may seek to vary the Consent Determination Area in accordance with s.13(1)(b) and (5) of the Native Title Act 1993 (Cth) in the event that the High Court decision (or a Full Federal Court decision in respect of which either special leave to appeal to the High Court is refused or is not sought) that an order under Regulation 54 of the National Security (General) Regulations wholly extinguishes any native title rights and interests by seeking to remove from the Consent Determination Area that part of the Consent Determination Area that was subject to an order made under Regulation 54. C. Subject to paragraph E of these notations below, if the NSW Attorney General makes an application to seek a variation of the determination in accordance with paragraph C above, the parties agree to orders being made that provide for the application for variation to be served on the parties to the Proceeding, that any party wishing to respond to the application for variation shall, within 28 days of the service of the application, file a Notice of Address for Service, that any party who does not file a Notice of Address for Service within the stated 28 days shall no longer be a party to the application for variation, and that any party who files a Notice of Address for Service will consent to the application for variation being argued on the merits. D. For the avoidance of doubt: i. nothing in paragraph D above of these notations or otherwise prevents any party from opposing a variation to the determination on the basis of the merits of such application; and ii. nothing in paragraphs C and D above of these notations or otherwise is or will be an admission by any of the parties that if a Full Federal Court or High Court decision of the nature referred to in those paragraphs is made, the NSW Attorney General will necessarily be entitled to a variation of the determination.

[9]

Definitions 13. In these orders, unless the contrary intention "Bandjalang People" means the native "camp" means to stay on the Consent "Consent Determination Area" means "laws" include statutes, regulations "Proceedings" means the application 14. If a word or expression is not defined SCHEDULE ONE - CONSENT DETERMINATION AREA The land and waters in which the Bandjalang In the event of an inconsistency between the Annexure A to SCHEDULE ONE DESCRIPTION OF THE CONSENT DETERMINATION AREA ID AREA PARCEL 2 Lot 7050 8 Lot 7015 11 Lot 7020 12 Lot 7019 13 Lot 7094 20 Unidentified 23 Lot 7307 24 Lot 7308 30 Lot 7017 31 Lot 91 DP 755614 32 Lot 7301 44 Lot 7095 48 Unidentified 116 Lot 161 DP 755624 117 Unidentified land 119 Lot 70 DP 755614 120 Lot 42 DP 755614 122 Lot 49 DP 755614 123 Unidentified land 124 Unidentified land 125 Part of Lot 7302 DP 1163536 126 except in relation to 126(c) Part of Lot 52 DP 755614 127 Part of 7302 DP 1163536 129 except in relation to 129 (C) Part of Lot 53 DP 755614 130 Part of Lot 53 DP 755614 132 Lot 13 DP 755613 144 Unidentified 149 Part of Lot 3 DP 755610 150 Part of Lot 3 DP 755610 168 Lot 63 DP 755624 170 Lot 7058 DP 96632 171 Unidentified land 172 Unidentified 175 Unidentified 176 Unidentified 177 Unidentified 178 Unidentified 179 Unidentified 180 Unidentified 181 Unidentified 182 Unidentified 183 Lot 377 DP 755624 184 Lot 378 DP 755624 185 Lot 379 DP 755624 186 Lot 384 DP 755624 187 Lot 386 DP 755624 188 Lot 387 DP 755624 190 Lot 399 DP 755624 191 Lot 400 DP 755624 192 Lot 401 DP 755624 193 Lot 7105 DP 1123365 194 Part of Lot 7058 DP 96632 196 Lot 7014 DP 1057092 197 Unidentified 198 Unidentified 200 Unidentified 201 Unidentified 202 Unidentified 203 Unidentified 204 Unidentified 205 Unidentified 206 Unidentified 207 Unidentified 213 Unidentified 214 Unidentified Except in relation to 214D 215 Unidentified 217 Unidentified 219 North of the southern boundary Unidentified 220 Unidentified appears: title holders as described in order 2. Determination Area for temporary periods. Tents or other like structures are permitted. It does not include the right to permanently reside or build permanent structures or fixtures. the land and waters described and mapped in Schedule One. and other subordinate legislation and the common law. for determination of native title made by Anthony Edward Wilson and Douglas Steven Wilson for and on behalf of the Bandjalang People (NC96/16; NSD6034/98) and any matters arising from those proceedings. in these orders, but is defined in the Native Title Act 1993 (Cth), then it has the meaning given to it in the Native Title Act 1993 (Cth). People hold native title are the parcels described in Annexure A as shown on the map attached at Annexure B. written description provided in this attachment and the map, the written description shall prevail. DESCRIPTION OF LAND DP 1112972 DP 1076665 & Lot 7096 DP 1113511 DP 1051335 DP 1051692 DP 1113512 Crown Land as shown on the map at Annexure B DP 1153014 DP 1153014 DP 1112984 DP 1163536 DP 1113843 Crown Land as shown on the map at Annexure B Bundjalung National Park GG 25/1/1980 Bundjalung National Park GG 30/1/1981 Bundjalung National Park GG 25/1/1980 Bundjalung National Park GG 4/11/1983 Bundjalung National Park GG 25/1/1980 Bundjalung National Park GG 25/1/1980 Bundjalung National Park GG 25/1/1980 Bundjalung National Park GG 25/1/1980 Bundjalung National Park GG 25/1/1980 Bundjalung National Park GG 25/1/1980 Bundjalung National Park GG 25/1/1980 Bundjalung National Park GG 25/1/1980 Bundjalung National Park GG 25/1/1980 Bundjalung National Park GG 26/2/1999 addition Tabbimoble Swamp Nature Reserve GG 26/2/1999 Tabbimoble Swamp Nature Reserve GG 26/2/1999 Broadwater National Park GG 12/7/1974 Broadwater National Park GG 5/3/1999 Broadwater National Park GG 22/8/1980 Broadwater National Park GG 12/7/1974 Broadwater National Park GG 12/7/1974 Broadwater National Park GG 12/7/1974 Broadwater National Park GG 28/5/1982 Bundjalung National Park GG 25/1/1980 Bundjalung National Park GG 25/1/1980 Bundjalung National Park GG 25/1/1980 Bundjalung National Park GG 25/1/1980 & 22/7/1983 Bundjalung National Park GG 25/1/1980 & 22/7/1983 Broadwater National Park GG 19/7/1985 Broadwater National Park GG 19/7/1985 Broadwater National Park GG 19/7/1985 Broadwater National Park GG 19/7/1985 Broadwater National Park GG 19/7/1985 Broadwater National Park GG 19/7/1985 Broadwater National Park GG 19/7/1985 Broadwater National Park GG 19/7/1985 Broadwater National Park GG 19/7/1985 Broadwater National Park GG 5/3/1999 Broadwater National Park GG 5/3/1999 Broadwater National Park GG 5/3/1999 Broadwater National Park GG 5/3/1999 Broadwater National Park GG 22/8/1980 Broadwater National Park GG 22/8/1980 Broadwater National Park GG 12/7/1974 Broadwater National Park GG 12/7/1974 Broadwater National Park GG 12/7/1974 Broadwater National Park GG 12/7/1974 Broadwater National Park GG 12/7/1974 Bundjalung National Park GG 25/1/1980 Part Esk River Broadwater National Park GG 22/8/1980 Bundjalung National Park GG 25/1/1980 Bundjalung National Park GG 25/1/1980 Bundjalung National Park GG 25/1/1980 Bundjalung National Park GG 25/1/1980 Bundjalung National Park GG 25/1/1980

[10]

Annexure B to SCHEDULE ONE MAP OF CONSENT DETERMINATION AREA SCHEDULE TWO OTHER RIGHTS AND INTERESTS

The rights and interests of Telstra Corporation Limited; (a) as the owner or operator of telecommunications facilities within the Consent Determination Area; (b) as the holder of a carrier licence under the Telecommunications Act 1997 (Cth); (c) created pursuant to the Post and Telegraph Act 1901 (Cth), the Telecommunications Act 1975 (Cth), the Australian Telecommunications Corporations 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 telecommunications facilities; and (iii) to alter, remove, replace, maintain, repair and ensure the proper functioning of its telecommunications facilities; (d) for its employees, agents or contractors to access its telecommunications facilities in and in the vicinity of the Consent Determination Area in performance of their duties; (e) under any lease, licence, access agreement or easement relating to its telecommunications facilities in the Consent Determination Area: and (f) under a consent granted by the NSW Minister for the Environment on 13 January 1995 for the installation of an underground fibre optic cable through Broadwater National Park.
The rights and interests of the Richmond Valley Council and Clarence Valley Council under their local government jurisdiction and as entities exercising statutory powers in respect of the land and waters in their local government areas, including existing access to public work.
The rights and interests of the Crown in right of the State of New South Wales.
The rights and interests granted or recognised by the State of New South Wales pursuant to statute or otherwise in the exercise of its executive power and under any regulations made pursuant to such legislation, and including, for the avoidance of any doubt, but not limited to, the following rights and interests that have been granted or recognised by: (a) permissive occupancy C130 (PO 1952/3) granted to the Commonwealth by the State of New South Wales under s 136K of the Crown Lands Consolidation Act 1913 (NSW); and (b) permissive occupancy C241 (PO 1963/30) granted to the Commonwealth by the State of New South Wales under s 136K of the Crown Lands Consolidation Act 1913 (NSW). (c) (i) the day use area at Broadwater Beach in Broadwater National Park; (ii) the day use area at Gummigurrah in Bundjalung National Park; and (iii) the camping area at Black Rocks in Bundjalung National Park.
The rights and interests granted by the Commonwealth pursuant to statute or otherwise in the exercise of its executive power and under any regulations made pursuant to such legislation and including, for the avoidance of any doubt, but not limited to, the following rights and interests: (a) the "Defence Practice Area" otherwise declared and described as "Item and Map No. 8 Evans Head" in the Schedule to the "Declaration of Defence Practice Areas" made by the Minister for Defence pursuant to sub-regulation 49(1) of the Defence Force Regulations on 17 October 1994, and published in Commonwealth of Australia Gazette No. GN 46 on 23 November 1994.
The rights or interests held by reason of the force and operation of the laws of the State of New South Wales or of the Commonwealth.
The rights and interests of members of the public arising under the common law including but not limited to: (a) the public right to fish; (b) the public right to navigate.
The right to access land by an employee or agent or instrumentality of the State of New South Wales, of the Commonwealth or of other statutory authority as required in the performance of his or her statutory or common law duties.
So far as confirmed pursuant to sections 16 and 18 of the Native Title (New South Wales) Act 1994 as at the date of the determination, any existing public access to and enjoyment of: (a) waterways; (b) the beds and banks or foreshores of waterways; (c) coastal waters; (d) beaches; (e) stock routes; and (f) areas that were public places at the end of 31 December 1993.
Any other: (a) legal or equitable estate or interest in the land or waters of the Consent Determination Area; or (b) right (including a right under an option and a right of redemption), charge, power or privilege over, or in connection with: (i) the land or waters of the Consent Determination Area; or (ii) an estate or interest in the land or waters of the Consent Determination Area. SCHEDULE THREE EXTERNAL BOUNDARIES

[12]

Then westerly to a point on the eastern boundary of Devils Pulpit State Forest, also a point on a western boundary of Bundjalung National Park at Latitude 29.254752° South. The application area also covers all land and waters including the following land parcels: STATE ID Current (Area Number) Lot Description 2 Lot 7050 DP1112972 3 Part Lot 10 DP1075394 8 Lot 7096 DP1113511 8 Lot 7015 DP1076665 Crown Land, between the High Water Mark and Low Water Mark 11 Lot 7020 DP1051335 12 Lot 7019 DP1051692 13 Lot 7094 DP1113512 15 Part Lot 10 DP1075394 20 Unidentified Crown Land Crown Land, between the High Water Mark and Low Water Mark 21 Part Lot 10 DP1075394 23 Lot 7092 DP1113531 23 Lot 7012 DP1112973 23 Lot 7091 DP1113534 24 Lot 7002 DP1112982 30 Lot 7017 DP1112984 31 Lot 91 DP755614 32 Lot 7001 DP92541 32 Part Lot 52 DP755614 37 Lot 10 DP868045 38 Lot 13 DP868045 39 Lot 7011 DP1051693 43 Part Lot 10 DP1075394 44 Lot 7095 DP1113843 48 Crown Land, between the High Water Mark and Low Water Mark 116 Part Lot 161 DP755624 Part Bundjalung National Park 117 Part Lot 161 DP755624 Part Bundjalung National Park 117 Unidentified Crown Land 119 Lot 70 DP755614 Part Bundjalung National Park 120 Lot 42 DP755614 Part Bundjalung National Park 122 Lot 49 DP755614 Part Bundjalung National Park 123 Part Crown Plan 357 - 3052 Part Bundjalung National Park 124 Part Crown Plan 357 - 3052 Part Bundjalung National Park 125 Part Lot52 DP755614 Part Bundjalung National Park 126 Part Lot52 DP755614 Except in relation to 126C Part Bundjalung National Park 127 Part Lot 52 DP755614 Part Bundjalung National Park 129 Part Lot 53 DP755614 Except in relation to 129C Part Bundjalung National Park 130 Part Lot 53 DP755614 Part Bundjalung National Park 132 Lot 13 DP755613 Part Bundjalung National Park 144 Part Lot 19 DP755629 Part Bundjalung National Park Part Lot 3 DP755610 149 Part Tabbimoble Swamp Nature Reserve Part Lot 3 DP755610 150 Part Tabbimoble Swamp Nature Reserve 151 Lot 283 DP755624 Part Broadwater National Park 168 Lot 63 DP755624 Part Broadwater National Park 170 Part Lot 7058 DP96632 Part Broadwater National Park 171 Lot 1701 - 3050 Part Broadwater National Park 172 Part Broadwater National Park 175 Part Broadwater National Park 176 Part Broadwater National Park 177 Part Broadwater National Park 178 Part Bundjalung National Park 179 Part Broadwater National Park 180 North of the Southern Boundary Part Bundjalung National Park as Described 181 Part Bundjalung National Park 182 Part Bundjalung National Park 183 Lot 377 DP755624 Part Broadwater National Park 184 Lot 378 DP755624 Part Broadwater National Park 185 Lot 379 DP755624 Part Broadwater National Park 186 Lot 384 DP755624 Part Broadwater National Park 187 Lot 386 DP755624 Part Broadwater National Park 188 Lot 387 DP755624 Part Broadwater National Park 190 Lot 399 DP755624 Part Broadwater National Park 191 Lot 400 DP755624 Part Broadwater National Park 192 Lot 401 DP755624 Part Broadwater National Park 193 Part Lot 7048 DP1057102 Part Broadwater National Park 193 Lot 7105 DP1123365 Part Broadwater National Park 194 Part Lot 7058 DP96632 Part Broadwater National Park 196 Lot 7014 DP1057092 Part Broadwater National Park 197 Part Broadwater National Park 198 Part Broadwater National Park 198 Part Broadwater National Park 198 Part Broadwater National Park 200 Part Broadwater National Park 201 Part Broadwater National Park 202 Part Broadwater National Park 203 Part Broadwater National Park 204 Part Broadwater National Park 205 Part Broadwater National Park 206 Part Broadwater National Park 207 Part Esk River North of the Southern Boundary as described 213 Part Broadwater National Park 214 Part Bundjalung National Park Except in relation to 214D 215 Part Bundjalung National Park 217 Part Bundjalung National Park 219 Part Bundjalung National Park North of the Southern Boundary as described 220 Part Bundjalung National Park

[31]

Save for the land described as unidentified land in column 3 in the Annexure A, in the event of an inconsistency between the written description provided in this attachment and the map, the written description shall prevail
Columns 1 and 2 in Annexure A of schedule one set out the Area and Identification (ID) numbers respectively for each individual parcel of land within the consent determination area. The Area and ID numbers are internal identifiers used by the State for convenience.
Column 3 contains the parcel identifiers. Where possible this is by reference to the lot and deposited plan. However where no lot and deposited plan is available, the land is identified by reference to the map attached at Annexure B of Schedule One.
In many instances native title exists over part of a parcel but has been extinguished over the balance of the parcel. In those instances, Column 4 contains a short reference to the act or fact that has caused the extinguishment of the native title over those areas.
The spatial extent of extinguishment has not been surveyed or otherwise fixed but is to be determined by the spatial extent of the extinguishing act or interest referred to in Column 4. In a given parcel it is possible that, as a result of the spatial extent of an extinguishing act or interest being determined, native title may be found to have been extinguished over the entire parcel. Annexure A to SCHEDULE ONE DESCRIPTION OF THE CONSENT DETERMINATION AREA Area ID Description of Land Comments including Roads and Public Works Limitations 1 8 Part of closed Road adjoining the bottom half of Lot 13 in Deposited Plan 845649 Only that part of the lot not affected by a road, that road being subject to clause 7. 1 12 Closed Road adjoining Lot 194 in DP755742 Only that part of the lot not affected by a road, that road being subject to clause 7. 2 2 24/755727 2 4 330/726561 2 5 245/755727 2 6 Unidentified land adjoining Lot 24/755727 as shown on the maps at Annexure B (now Lot 7308/1162852) 2 7 7304/1138123 2 181 7015/1051717 (excluding that part of the land which is the Richmond River see ID 329) 2 183 243/755727 Only that part of the lot not affected by public work being development for sporting grounds and facilities, that public work being subject to clause 5. 2 184 190/755727 Only that part of the lot not affected by public work being development for sporting grounds and facilities, that public work being subject to clause 5. 2 231 Unidentified land abutting north west boundary of ID222 of Area 2 (Abutting Lot 194/755627) 2 232 7007/92627 2 275 7006/92628 Only that part of the lot not affected by public works, being drainage and associated infrastructure, that public work being subject to clause 5. 2 278 Unidentified Land as shown on the maps at Annexure B (within Lot 27/755627) 2 289 Unidentified land as shown on the maps at Annexure B (within Lot 33/755627) 2 295 Unidentified land as shown on the maps at Annexure B (within Lot 38/755627) 2 300 7015/1120401 2 329 Part of the Richmond River (tidal waterway) 2 330 Horseshoe Lagoon (non-tidal waterway) 2 331 Crown waterway (non-tidal) as shown on the maps at Annexure B (Adjoining 2/102290) 3 26 Closed Road - adjoining Lot 21 DP8737 Only that part of the lot not affected by a road, that road being subject to clause 7. 3 57 246/755742 Only that part of the lot not affected by a road, that road being subject to clause 7. 3 243 7003/1054006 Only that part of the lot not affected by public work being development for cricket oval including sheds that public work being subject to clause 5. 3 338 Part of the Long Lagoon (non-tidal waterway) 3 339 Part of the Richmond River (tidal waterway) 3 340 Part of Oakey Creek (non-tidal waterway) 4 10 259/728186 4 143 216/755742 4 174 260/728185 4 190 6/252746 Only that part of the lot not affected by a road, that road being subject to clause 7. 4 192 7/252746 Only that part of the lot not affected by a road, that road being subject to clause 7. 4 193 Walshs Creek Non tidal 4 194 Richmond River Tidal 6 59 139/755618 6 60 112/755618 6 61 111/755618 6 64 49/755618 6 69 Mongogarie Creek 6 70 Cherrytree Creek 6 72 1/242829 Only that part of the lot not affected by a road, that road being subject to clause 7. 7 13 7002/1050851 7 23 Closed Road Adjoining Lot 2 DP 573121 Only that part of the lot not affected by a road, that road being subject to clause 7. 7 45 7007/1050852 7 73 Land adjoining Lots 101 and 103 in DP 755606, and Lot 139 in DP 5125 7 75 Mongogarie Creek (non-tidal waterway) as shown on the maps at Annexure B 7 76 Middle Creek (non-tidal waterway) 8 29 248/755627 Only that part of the lot not affected by public work being development for Yorklea School, Community Centre and RFS Headquarters, that public work being subject to clause 5. 8 85 161/755623 Only that part of the lot not affected by public work being development for a horse riding facility, that public work being subject to clause 5. 8 86 7001/92675 Only that part of the lot not affected by a road, that road being subject to clause 7. 8 87 211/42433 That part of the lot not affected by public work being development for a horse riding facility, that public work being subject to clause 5. That part not affected by a road, that road being subject to clause 7. 8 88 210/42433 8 89 7005/1054013 8 94 Closed road adjoining Lot 161 in DP 755623 (now 7300/DP1177568) Only that part of the lot not affected by a road, that road being subject to clause 7. 8 168 Unidentified land adjoining Lots 84, 185, 52 and 53 in DP 755623 8 231 114/1031643 8 233 32/755606 8 279 Shannon Brook Non-tidal 8 280 Branch Creek Non-tidal 8 281 Drainage reserve adjoining Lot 2 in DP 807368 9 15 133/755634 Only that part of the lot not affected by a road, that road being subject to clause 7. 9 16 7001/92649 That part of the lot not affected by public work being development for Cattle Tick Dip Site since 1953. Fenced yards and earthworks, that public work being subject to clause 5. That part of the lot not affected by a road, that road being subject to clause 7. 9 17 7300/1161352 Only that part not affected by a road, that road being subject to clause 7. 9 183 7001/1054024 9 256 Unidentified land as shown on the maps at Annexure B (Adjoining Allot 2 Lot 2 DP1494) Only that part of the lot not affected by a road, that road being subject to clause 7. 9 470 5/256992 Only that part of the lot not affected by a road, that road being subject to clause 7. 9 471 6/256992 Only that part of the lot not affected by a road, that road being subject to clause 7. 10 74 352/728160 10 75 353/728160 10 87 7304/1145407 10 108 7002/1053005 10 109 72/755628 10 185 256/726656 10 195 9/252746 Only that part of the lot not affected by a road, that road being subject to clause 7. 10 196 8/252746 Only that part of the lot not affected by a road, that road being subject to clause 7. 10 198 10/252746 Only that part of the lot not affected by a road, that road being subject to clause 7. 10 201 1/63/758257 10 365 7300/1152640 10 370 Part of the Lagoon (non-tidal waterway) 11 5 213/755728 11 35 Unidentified land as shown on the maps at Annexure B (Adjoining Lot 1 DP953829 and Lot 19 DP755728 Only that part of the lot not affected by a road, that road being subject to clause 7. 11 61 246/755728 Only that part of the lot not affected by public work being development for cattle handling facilities, that public work being subject to clause 5.

[32]

Only that part of the lot not affected by a road, that road being subject to clause 7. 11 79 242/755728 11 80 243/755728 11 81 244/755728 11 82 181/755728 11 86 71/755628 11 87 7001/92680 11 162 1/44756 Only that part of the lot not affected by a road, that road being subject to clause 7. 11 356 340/727822 11 461 246/755631 Only that part of the lot not affected by public work being development for night soil depot and landfill, that public work being subject to clause 5. 11 462 342/728104 Only that part of the lot not affected by a road, that road being subject to clause 7. 11 463 343/728104 11 499 2/251860 Only that part of the lot not affected by a road, that road being subject to clause 7. 11 500 3/251860 Only that part of the lot not affected by a road, that road being subject to clause 7. 11 501 5/251860 Only that part of the lot not affected by a road, that road being subject to clause 7. 11 526 Unidentified land as shown on the maps at Annexure B (Adjoining Lot 1 DP798966) 11 539 310/755631 11 545 351/728135 Only that part not affected by public work being developed as Coraki Riverside Park including caravan park, amenities, constructed beach, landscaping and amphitheatre, that public work being subject to clause 5.

[33]

11 546 350/728135 Only that part of the lot not affected by public work being development for Coraki Riverside Park including wharves and boat ramp, that public work being subject to clause 5. 11 611 187/755631 Only that part of the lot not affected by public work being development for cattle tick dip infrastructure, that public work being subject to clause 5. 11 622 188/755631 Only that part of the lot not affected by public work being development for Coraki Cattle Pound, fenced with yards with trough, that public work being subject to clause 5. 11 623 341/728103 11 624 345/728106 11 625 349/728108 Only that part of the lot not affected by public work being development for Coraki Hockey Fields with buildings and earthworks, including amenities, canteen, shelter and lights, that public work being subject to clause 5. 11 738 337/728156 Only that part of the lot not affected by public work being development for Coraki sports fields (rugby league and hockey), including tennis courts, basketball, a skate park, a canteen and other amenities, landscaping, a large drain through the site and a former horse racecourse, that public work being subject to clause 5. 11 739 101/755631 11 842 6/23/758291 11 843 5/23/758291 11 1142.1 347/728109 Only that part of the lot not affected by public work being development for Coraki Memorial Park parks infrastructure including war memorial, landscaping, amenities, pathways, road, parking, fill, a shelter, shade sails and fixed playground equipment, that public work being subject to clause 5. 11 1144.1 344/728105 11 1145.1 Part of the Wilsons River (tidal waterway) as shown on the maps at Annexure B 12 66 Unidentified land adjoining Lot 4 in Deposited Plan 717103 Only that part of the lot not affected by a road, that road being subject to clause 7. 12 67 Unidentified land adjoining Lot 32 in Deposited Plan 627286 Only that part of the lot not affected by a road, that road being subject to clause 7. 12 68 Unidentified land adjoining Lot 2 in Deposited Plan 706413 Only that part of the lot not affected by a road, that road being subject to clause 7. 14 2 7300/1143257 14 9 99/726569 14 23 85/755636 14 33 7301/1146727 14 34 7302/1146727 14 35 7303/1146727 14 36 7304/1146727 14 40 64/755604 14 41 66/755604 14 42 43/755604 14 72 7300/1143007 14 73 Busby Creek 14 77 7301/1146725 14- 78 69/755604 14 79 98/726569 14 80 1/722771 Only that part of the lot not affected by a road, that road being subject to clause 7. 15 9 64/755604 15 10 7304/1146727 15 13 7300/1144004 15 18 Unidentified land adjoining Lots 106/755616, 114/755616 and 110/755616 15 80 7300/1144348 15 99 119/46878 15 100 113/755616 15 118 7005/92542 15 119 7004/92542 15 148 Sandy Creek (non-tidal waterway) as shown on the maps at Annexure B 15 149 Busbys Creek (non-tidal waterway) as shown on the maps at Annexure B 15 150 Myrtle Creek (non-tidal waterway) as shown on the maps at Annexure B 16 18 7301/1146838 16 21 Unidentified land as shown on the maps at Annexure B (Adjoining Lot 2 DP545456 and Lot 16 DP839378) 16 22 78/755621 16 23 49/755621 16 30 7003/92533 16 37 7310/1147265 16 38 7311/1147265 16 39 7312/1147265 16 40 7313/1147265 16 41 7309/1147265 16 42 7308/1147265 16 48 7304/1146782 16 50 16/755621 Only that part of the lot not affected by public work being development for Rappville Landfill and Transfer Station, that public work being subject to clause 5. 16 51 12/755621 16 83 7306/1147042 16 90 Fiddle Creek as shown on the maps at Annexure B 16 91 Sandy Creek as shown on the maps at Annexure B 17 60 Closed Road (Adjoining Lot 11 DP702010) Only that part of the lot not affected by a road, that road being subject to clause 7. 17 81 Closed non-public Crown subdivision road adjoin Lot 1 in Deposited Plan 908595 Only that part of the lot not affected by a road, that road being subject to clause 7. 17 97 1/908595 17 99 7003/92546 17 100 7003/1050829 17 117 Unidentified land adjoining Lot 113 DP 755612 17 118 Unidentified land as shown on the maps at Annexure B (Adjoining Lot 1 DP755612) 17 119 Part of Camp Creek (non-tidal waterway) as shown on the maps at Annexure B. 18 76 Unidentified land below lot 1 in Deposited Plan 619685 18 77 110/ DP755612 18 78 Unidentified land adjoining 58/755607 and1/755612 18 79 Unidentified land adjoining Lot 17 in DP 860145 as shown on the maps at Annexure B. 19 65 Closed Road adjoining 783/794107 Only that part of the lot not affected by a road, that road being subject to clause 7. 19 104 192/755631 19 105 193/755631 19 106 221/755631 19 112 Closed Road (Adjoining Lot 136 DP755631) Only that part of the lot not affected by a road, that road being subject to clause 7. 19 123 Closed Roads through 150/755631 and 137/755631 (Adjoining Lot 150 and Lot 137 DP755631) Only that part of the lot not affected by a road, that road being subject to clause 7. 19 134 1/631162 19 135 2/631162 19 136 3/631162 19 141 Closed Road as shown on the maps at Annexure B (Adjoining Lot 3 DP620109) Only that part of the lot not affected by a road, that road being subject to clause 7. 19 152 Unidentified land through 11/738070, 12/738070, 7/264108, 6/264108, 5/264108 19 157 Unidentified land adjoining Lot 314 in Deposited Plan 755631 and River 19 177 Unidentified land adjoining Lot 201 in DP 755631 and Lot 4 in DP 738253 19 193 Part of Bungawalbin Creek (tidal waterway) as shown on the maps at Annexure B 19 194 Part of Bungawalbin Creek (tidal waterway) as shown on the maps at Annexure B 20 110 7002/92602 Only that part of the lot not affected by a road, that road being subject to clause 7. 20 111 7003/92603 Only that part of the lot not affected by a road, that road being subject to clause 7. 20 138 Closed road as shown on the maps at Annexure B (within Lot 1 DP122858) Only that part of the lot not affected by a road, that road being subject to clause 7. 20 185 152/755603 20 187 Closed road as shown on the maps at Annexure B (within Lot 11 DP755603) Only that part of the lot not affected by a road, that road being subject to clause 7. 20 254 Unidentified land as shown on the maps at Annexure B (Adjoining Lot 2 DP1081829) Only that part of the lot not affected by a road, that road being subject to clause 7. 20 256 Unidentified land as shown on the maps at Annexure B (Adjoining Lot 17 DP1087147) Only that part of the lot not affected by a road, that road being subject to clause 7. 20 257 Unidentified land as shown on the maps at Annexure B (Adjoining Lot 17 DP1087147) Only that part of the lot not affected by a road, that road being subject to clause 7. 20 286 Unidentified land as shown on the maps at Annexure B (Adjoining Lot 1 DP981554) Only that part of the lot not affected by a road, that road being subject to clause 7. 20 340 Unidentified land as shown on the maps at Annexure B(Adjoining Lot 270 DP728198) Only that part of the lot not affected by a road, that road being subject to clause 7. 20 341 270/728198 20 342 271/728198 20 548 Richmond River as shown on the maps at Annexure B 20 549 Swan Bay as shown on the maps at Annexure B 20 550 Swampy Creek as shown on the maps at Annexure B 20 551 Bungawalbin Creek as shown on the maps at Annexure B 20 552 Sandy Creek as shown on the maps at Annexure B 20 553 Bora Creek as shown on the maps at Annexure B 21 20 1/712974 21 21 1/712972 21 25 1/712973 21 45 1/261225 21 46 2/261225 21 47 3/261225 21 52 417/755624 21 53 365/755624 21 54 2/872308 21 55 5/872309 21 56 7/872309 21 57 2/614743 21 58 531/721343 21 240 1/27/759110 Only that part of the lot not affected by public work being Woodburn Park, used to stockpile mineral sands (major earthwork), that public work being subject to clause 5. 21 383 1/31/759110 21 526 542/821656 21 573 2/1006289 21 574 347/755624 (now 2/963095) 21 575 348/755624 (now 2/963095) 21 579 1/821927 Only that part of the lot not affected by a road, that road being subject to clause 7. 21 592 200/755624 Only that part of the lot not affected by public work being previously developed for Rileys Hill Public School (now Rileys Hill Community Centre), including landscaping, fixed playground equipment and fixed sporting infrastructure, that public work being subject to clause 5. 21 593 477/755624 21 595 1/129076 21 597 2/B/250411 21 611 17/B/250411 21 612 18/B/250411 21 613 19/B/250411 21 614 20/B/250411 21 615 21/B/250411 21 616 22/B/250411 21 617 23/B/250411 21 618 24/B/250411 21 619 9/A/250411 21 620 10/A/250411 21 621 11/A/250411 21 622 12/A/250411 21 623 13/A/250411 21 624 365/755624 21 625 1/16/759110 21 774 271/728180 21 779 124/755691 21 780 117/755691 Only that Part of the lot not affected by Public work (Dungarubba Hall), water tanks, that public work being subject to clause 5 and partial road subject to clause 7. 21 781 Closed road passing through 2/875523 Only that part of the lot not affected by a road, that road being subject to clause 7. 21 846 Closed road adjoining 152/755699 Only that part of the lot not affected by a road, that road being subject to clause 7. 21 853 7046/1024027 21 856 7009/1052506 21 857 7010/1052506 21 858 7007/1021524 21 875 361/914704 22 160 7008/92609 22 165 5/846760 22 168 1/604378 22 174 Part of the Richmond River (Tidal) - Crown Waterway Parish of Broadwater County of Rous as shown on the maps at Annexure B 22 175 Part of the Richmond River (Tidal) - Crown Waterway Parish of Riley County of Richmond as shown on the maps at Annexure B 22 176 Site of Licence 390250 on Richmond River Tidal as shown on the maps at Annexure B 22 177 Site of Licence 390250 on Richmond River Tidal as shown on the maps at Annexure B 22 178 Site of Crown Permissive Occupancy 157011 - Richmond River Tidal as shown on the maps at Annexure B 22 179 Site of Crown Licence 397577 as shown on the maps at Annexure B 22 180 Crown Licence 403844 - Richmond River Tidal as shown on the maps at Annexure B 22 181 Crown Licence 201097 - Richmond River Tidal as shown on the maps at Annexure B 22 182 Crown Licence 394430- Richmond River Tidal as shown on the maps at Annexure B 22 183 Crown Licence 201019 - Richmond River Tidal as shown on the maps at Annexure B 22 184 Crown Licence 201056 - Richmond River Tidal as shown on the maps at Annexure B 22 185 Crown Licence 378756 - Richmond River Tidal as shown on the maps at Annexure B 22 186 Crown Licence 201094 - Richmond River Tidal as shown on the maps at Annexure B 22 187 Crown Licence 201039 - Richmond River Tidal as shown on the maps at Annexure B 22 188 Crown Licence 467410 - Richmond River Tidal as shown on the maps at Annexure B 22 189 Crown Licence 166660 - Richmond River Tidal as shown on the maps at Annexure B 22 190 Crown Licence 201037 - Richmond River Tidal as shown on the maps at Annexure B 22 191 Crown Licence 202717 - Richmond River Tidal as shown on the maps at Annexure B 23 1 Myrtle Creek 23 20 7300/1144145 24 50 7002 /DP92534 24 60 94/755635 24 116 29/755608 24 117 Myrtle Creek 24 118 Four Mile Creek 25 15 6/241031 Only that part of the lot not affected by a road, that road being subject to clause 7. 25 18 5/241031 Only that part of the lot not affected by a road, that road being subject to clause 7. 25 19 4/241031 Only that part of the lot not affected by a road, that road being subject to clause 7. 25 20 3/241031 Only that part of the lot not affected by a road, that road being subject to clause 7. 25 21 2/241031 Only that part of the lot not affected by a road, that road being subject to clause 7. 25 24 1/241031 Only that part of the lot not affected by a road, that road being subject to clause 7. 25 26 7305/1146782 25 27 97/755621 25 59 7001/94674 25 112 150/755620 25 113 Unidentified as shown on the maps at Annexure B (Adjoining Lots 130 and 158 DP755620) 25 114 23/755620 25 115 21/755620 25 116 22/755620 25 117 24/755620 25 118 144/755620 25 119 7002/1028470 25 123 60/755620 Only that part of the lot not affected by a road, that road being subject to clause 7. 25 124 7300/1147282 25 167 7315/1150632 25 168 105/821984 25 179 1/5/758869 25 203 60/1143788 25 221 80/1143790 25 224 18/755621 25 225 7007/92537 Only that part of the lot not affected by a road, that road being subject to clause 7. 25 271 Part of Myrtle Creek Road, unidentified land adjoining part of Lot 155 in DP 755620 Only that part of the lot not affected by a road, that road being subject to clause 7. 25 274 8/241031 Only that part of the lot not affected by a road, that road being subject to clause 7. 25 275 Pumphouse Waterhole (non-tidal waterway) as shown on the maps at Annexure B. 25 276 Part of Myrtle Creek (non-tidal waterway) as shown on the maps at Annexure B 25 277 7301/1145112 25 278 66/755620 26 19 Closed road adjoining Lot 15 in Deposited Plan 755607 Only that part of the lot not affected by a road, that road being subject to clause 7. 26 89 141/755620 26 90 Unidentified land adjoining Lots 4 to 6 in Deposited Plan 264440 26 91 Unidentified land adjoining Lot 10 DP701873; Lot 30 DP755607 and Lot 9 in DP701873 26 92 Unidentified land adjoining Lot 28 DP755607; Lot 34 DP755607 26 94 Part of the Two Mile Creek (non-tidal waterway) as shown on the maps at Annexure B. 27 39 7300/1143819 27 51 7001/92545 27 62 7302/1165914 Only that part of the lot not affected by a road, that road being subject to clause 7. 27 63 Unidentified land adjoining Lot 57 in DP755607 and Lot 30 in DP755607 and Lot 58 in DP755607 27 64 Unidentified land adjoining Lot A DP368416; Lot 1 Dp863209 27 65 9/755607 27 66 8/755607 27 67 10/755607 27 68 61/755607 27 71 159/820005 27 72 30/755601 27 73 31/755601 27 74 34/755601 27 75 35/755601 27 77 Part of the Deep Lagoon (non-tidal waterway) and Bungawalbin Creek (tidal waterway) as shown on the maps at Annexure B. 28 3 82/755609 28 4 84/755609 28 52 Unidentified land as shown on the maps at Annexure B (Adjoining Lot 2 DP863209) 28 58 255/755631 28 61 256/755631 28 66 209/755603 28 70 7301/1152023 28 73 210/755603 (now Lots 219 and 220 DP1184550 and Lot 7302 DP1143147) 28 77 Unidentified land as shown on the maps at Annexure B (Adjoining Lot 209 DP755603) 28 115 Unidentified land as shown on the maps at Annexure B (Adjoining Lot 122 DP755609) 28 118 7300/1143229 28 119 Unidentified land as shown on the maps at Annexure B (Adjoining Lot 19 DP755609) 28 120 Unidentified land as shown on the maps at Annexure B (Adjoining Lots 83 and 84 DP755609 28 121 A strip of unidentified land within Lot 82 in DP 755609 as shown on the maps at Annexure B 29 221 21/755610

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29 241 Part of Rocky Mouth Creek (non-tidal waterway) as shown on the maps at Annexure B 30 0.5 8/791853 Only that part of the lot not affected by a road, that road being subject to clause 7. 30 0.6 9/791853 Only that part of the lot not affected by a road, that road being subject to clause 7. 30 96 7060/1065370 30 97 7005/1065371 30 98 7061/1065370 30 99 7099/1113635 30 100 7100/1113635 30 101 7101/1113535 30 109 2/1158542 30 112 7103/1113538 30 113 7104/1113538 30 114 7102/1113538 30 183 190/755624 30 184 189/755624 30 185 415/755624 30 192 Unidentified land adjoining Lot 139 DP755624 30 194 154/755624 30 203 197/755624 30 207A Part 429/755624 30 214 7081/1113522 30 216A Part 503/755624 30 226 152/755624 30 227 7056/96631 30 228 458/755624 30 314 7004/92607 30 341 Unidentified land adjoining Lots 36 and 90 in DP 755614 Only that part of the lot not affected by a road, that road being subject to clause 7. 31 8 7034/1112995 Only that part of the lot not affected by a road, that road being subject to clause 7. 31 9 7079/1113524 31 10 370/755624 Only that part of the lot not affected by public work being Evans Head night soil depot and landfill, that public work being subject to clause 5. 31 11 7080/1113529 31 12 7073/1113463 31 13 7072/1113463 31 14 7068/1109610 31 15 7067/1109610 31 18 7065/1109609 31 19 7066/1109609 31 21 4/25/758403 31 35 6/775828 31 36 1/726511 Only that part of the lot not affected by a road, that road being subject to clause 7. 31 37 7074/1096182 31 58 7076/1113527 31 59 7075/1113527 31 60 7071/1109608 31 101 15/727468 31 195 7017/1112984 31 196 7097/1113638 31 199 7030/1075732 31 204 13/112782 31 205 14/112782 31 218 7013/92610 31 236 2/727469 31 453 7304/1136547 31 481 7303/1136547 Only that part of the lot not affected by public work being development for Silver Sands holiday Park. Contains a surf club, car park, drainage infrastructure, concrete revetment wall, cycle ways, skate park, filling, landscaping, roads, stormwater infrastructure, that public work being subject to clause 5. 31 487 7033/92651 Only that part of the lot not affected by public work being part of Stan Payne Oval. Site subject to major earthworks in 1938-40 associated with an air base, that public work being subject to clause 5. 31 490 4922/1151963 Only that part of the lot not affected by public work being part of Stan Payne Oval. Site subject of major earthworks in 1938-40 associated with an air base. Also contains cricket oval, drainage, car park, training area for fire fighters, road and pathways, that public work being subject to clause 5. 31 748 2/1012063 Only that part of the lot not affected by a road, that road being subject to clause 7. 31 828 7040/1052589 Only that part of the lot not affected by public work being part of the site occupied by wetland infrastructure, cycleway, amenities, tracks, boardwalk and beach access, that public work being subject to clause 5. 31 829 7093/1113518 Only that part of the lot not affected by public work including board walk and beach access, that public work being subject to clause 5. 31 873 2/1012063 Only that part of the lot not affected by a road, that road being subject to clause 7. 31 889 7028/1113043 Only that part of the lot not affected by public work being Kalimna Park infrastructure including amenities such as fixed tables, chairs and barbeques and landscaping, that public work being subject to clause 5. 31 898 517/755624 31 899 9/43/758403 31 901 10/43/758403 31 902 11/43/758403 31 903 12/43/758403 31 904 13/43/758403 31 905 14/43/758403 31 906 15/43/758403 31 907 16/43/758403 31 908 17/43/758403 31 909 18/43/758403 31 910 19/43/758403 31 911 3/44/758403 31 912 1/44/758403 31 913 2/44/758403 31 919 7064/1095755 31 921 7063/1095754 31 925 5/247154 31 1098 7026/1112980 Only that part of the lot not affected by public work being South Evans Head Drainage Reserve and associated infrastructure, that public work being subject to clause 5. 31 1146 7027/1112996 Only that part of the lot not affected by public work being original quarry and currently including Razor Back lookout and Shark Bay. Contains roads, car park, lookout, marine rescue facilities, playground equipment, fixed tables, chairs and barbeques, shelters, quarry, landscaping and amenities, that public work being subject to clause 5. 31 1153 7089/1113373 31 1155 1/40/758403 31 1156 2/40/758403 31 1157 3/40/758403 31 1158 4/40/758403 31 1159 5/40/758403 31 1160 Unidentified Land adjoining Ocean Road and Allot 5 Lot 40 DP 758403 31 1968 7098/1113382 32 1 29/755608 32 2 30/755608 32 3 32/755608 32 4 31/755608 32 5 1/755617 32 6 2/755617 32 17 Unidentified Land as shown on the maps at Annexure B (Adjoining Lot 23 DP755608) Only that part of the lot not affected by a road, that road being subject to clause 7. 32 22 Unidentified land as shown on the maps at Annexure B (Adjoining Lot 137 DP755620) Only that part of the lot not affected by a road, that road being subject to clause 7. 33 18 34/755622 (Auto consol 15183-189 33 20 22/755620 33 34 7001/92538 33 54 102/755605 33 55 Unidentified land to the south-west of lot 44 in deposited plan 704327 (Adjoining Lot 26 DP755622) 33 56 7004/92539 33 58 94/755605 33 60 7300/1145531 33 64 52/755632 34 2 139/755620 34 3 Land adjoining Lot 141 in Deposited Plan 755620 Only that part of the lot not affected by a road, that road being subject to clause 7. 34 4 Land adjoining Lot 139 in Deposited Plan 755620 Only that part of the lot not affected by a road, that road being subject to clause 7. 34 13 Land adjoining Lot 48 in Deposited Plan 755632 Only that part of the lot not affected by a road, that road being subject to clause 7. 34 15 50/755632 34 16 Land adjoining Lot 50 in Deposited Plan 755632 Only that part of the lot not affected by a road, that road being subject to clause 7. 34 17 53/755632 34 19 Land adjoining Lot 52 and 53 in Deposited Plan 755632 Only that part of the lot not affected by a road, that road being subject to clause 7. 34 20 Land adjoining Lot 47 in Deposited Plan 755632 Only that part of the lot not affected by a road, that road being subject to clause 7. 34 23 Land adjoining Lots 134 and 153 in Deposited Plan 755620 Only that part of the lot not affected by a road, that road being subject to clause 7. 34 25 Land adjoining Lot 91 in Deposited Plan 755632 Only that part of the lot not affected by a road, that road being subject to clause 7. 34 26 Land adjoining Lots 49, 50, 48, 51 and 33 in Deposited Plan 755632 Only that part of the lotnot affected by a road, that road being subject to clause 7. 34 30 Land adjoining Lots 44 and 64 in Deposited Plan 755632 Only that part of the lot not affected by a road, that road being subject to clause 7. 34 32 59/755620 34 33 Land adjoining State Forest and near Lot 13 in Deposited Plan 755620 Only that part of the lot not affected by a road, that road being subject to clause 7. 34 34 Land adjoining Lot 153 in Deposited Plan 755620 35 11 34/755601 35 34 7300/1144154 35 51 29/755615 35 60 31/755610 35 61 Unidentified land adjoining lot 31 in Deposited Plan 755610 35 62 30/755610 35 63 33/755615 35 64 Unidentified land adjoining Lots 32 and 31 in Deposited Plan 755615 35 65 43/ 755615 Only that part of the lot that is reserved under the National Parks and Wildlife Act (NSW) (1974) at the date of this determination 35 66 Unidentified Land adjoining Lots 30, 31, 32, 33, 43, 46, 47, 49 and 50 in Deposited Plan 755615 35 67 46/755615 35 68 47/755615 Only that part of the lot that is reserved under the National Parks and Wildlife Act (NSW) (1974) at the date of this determination 35 69 50/755615 Only that part of the lot that is reserved under the National Parks and Wildlife Act (NSW) (1974) at the date of this determination 35 70 31/ 755615 35 71 30/755615 35 72 7003/92715 35 73 4/755632 35 74 Physics Creek and Bungawalbin Creek 36 4 36/755610 36 6 Unidentified land as shown on the maps at Annexure B (Adjoining lot 36 DP755610 36 7 37/755610 36 11 12/755610 36 12 53/755615 36 13 Unidentified land as shown on the maps at Annexure B (within Lot 53 DP755615) 36 21 Jackybulbin Creek - Parish of Lawrence County of Clarence 37 1 Lot 20 in Deposited Plan 755610 37 5 Lot 11 in Deposited Plan 755610 37 7 Lot 4 in Deposited Plan 247562 37 8 Lot 3 in Deposited Plan 247562 37 9 Lot 2 in Deposited Plan 247562 37 23 Land Adjoining Lot 5 and 2 in Deposited Plan 755613 37 27 38/755614 37 34 7301/1143242 38 9 1/755613 38 10 3/755613 39 18 Lot 7300 in Deposited Plan 1143399 39 19 Lot 8 in Deposited Plan 755617 39 25 Part of Myall Creek (Non-Tidal) 39 26 Part of Camira Creek (Non-Tidal) 39 27 Part of Camira Creek (Non-Tidal) 40 2 7001/92548 40 12 Unidentified land as shown on the maps at Annexure B (Adjoining Lot 73 DP755605) 40 13 Unidentified land as shown on the maps at Annexure B (Adjoining Lot 73 DP755605) 40 14 Unidentified land as shown on the maps at Annexure B (Adjoining Lot 73 DP755605) 40 33 Unidentified land as shown on the maps at Annexure B (Adjoining Lot 36 DP755605) 40 34 Unidentified land as shown on the maps at Annexure B (Adjoining Lot 1 DP653466) 40 73 Unidentified land as shown on the maps at Annexure B (within Lot 11A DP12978) Only that part of the lot not affected by a road, that road being subject to clause 7. 40 74 Unidentified land as shown on the maps at Annexure B (within Lot 11A DP12978) Only that part of the lot not affected by a road, that road being subject to clause 7. 40 75 Unidentified land as shown on the maps at Annexure B (within Lot 11A DP12978) Only that part of the lot not affected by a road, that road being subject to clause 7. 40 78 7301/1145531 40 97 36/755619 40 100 7300/1144180 40 101 14/755619 40 102 39/755619 Only that part of the lot not affected by public work being the Whiporie Landfill and transfer depot, that public work being subject to clause 5. 40 126 Unidentified land as shown on the maps at Annexure B 40 127 Unidentified land as shown on the maps at Annexure B 41 1 54/755632 41 2 Unidentified land within Lots 54, 46, 20, 12, 11, 3, 9, 10, 7, 2, 39in DP 755632 41 8 Unidentified land as shown on the maps at Annexure B (Adjoining Lot 8 DP751357) 41 28 Unidentified land within 6/755619 41 29 Unidentified land as shown on the maps at Annexure B (Adjoining Lot 6 DP755619) Only that part of the lot not affected by a road, that road being subject to clause 7. 41 32 20/755619 41 49 Part Myall Creek (in the Parishes of Whiporie and Myall, County of Richmond) Non-tidal 41 50 Part Mangrove Creek (in the Parish of Richmond, County of Clarence) Non-tidal 41 53 Unidentified land adjoining Lot 31 in DP 755619 as shown on the maps at Annexure B Only that part of the lot not affected by a road, that road being subject to clause 7. 42 1 Unidentified land adjoining Lots 30 and 31 in Deposited Plan 755619 and lot 1 in Deposited Plan 751367 42 2 Unidentified land as shown on the maps at Annexure B 42 3 Unidentified land adjoining Lots 49, 35, 34, 21, 19 and 17 in Deposited Plan 755615 42 19 54/755615 42 41 1/751367 42 45 Mangrove Creek 43 1 53/755615 43 2 10/755629 43 3 Unidentified land adjoining 10/755629 and 53/755615 43 4 30/755629 43 5 1/1134934 44 1 Unidentified as shown on the maps at Annexure B (Adjoining Lot 50 DP755617) 45 1 Unidentified land as shown on the maps at Annexure B (Adjoining Banyabba Creek) 45 2 Unidentified land as shown on the maps at Annexure B (Adjoining Lot 12A DP12978 and Lot 90 DP755605 45 3 54/751357 45 4 50/751357 45 5 52/751357 45 6 48/751357 45 7 47/751357 45 8 45/751357 45 9 Unidentified land as shown on the maps at Annexure B (Adjoining Lot 45 DP751357) 45 14 46/751357 45 15 40/751357 45 36 Saltwater Creek Non Tidal 45 37 Travellers Rest Creek Non Tidal 45 38 Banyabba Creek Non Tidal 45 40 Unidentified land adjoining Lots 11, 15, 16, 31 and 46 in DP 751357, as shown on the maps at Annexure B 45 41 Unidentified land adjoining Lots 47, 50 and 54 in DP 751357, as shown on the maps at Annexure B 45 42 Unidentified land adjoining Lots 1 and 25 in DP 751357 as shown on the maps at Annexure B as shown on the maps at Annexure B 46 48 67/751382 46 49 55/751357 46 50 7002/96614 46 51 235/751377 46 55 Unidentified closed road adjoining Lot 21 DP751357 as shown on the maps at Annexure B Only that part of the lot not affected by a road, that road being subject to clause 7. 46 56 Unidentified closed road adjoining Lot 20 DP751357 as shown on the maps at Annexure B Only that part of the lot not affected by a road, that road being subject to clause 7. 46 57 51/751357 46 58 19/751357 46 59 8/751357 46 60 56/751357 46 61 67/751382 46 62 Unidentified land adjoining lot 20 DP 751357 and Lot 8 DP751357 as shown on the maps at Annexure B 46 63 70/751382 Only that part of the lot that is reserved under the National Parks and Wildlife Act (NSW) (1974) at the date of this determination 46 64 71/751382 46 65 Unidentified land adjoining Lots 12 and 16 in DP 839379, as shown on the maps at Annexure B 46 70 41/751357 46 71 Unidentified land marked as 4-2390 as shown on the maps at Annexure B. Land adjoins Lots 20 and 21 in DP 751357. 47 4 70/751382 Only that part of the lot that is reserved under the National Parks and Wildlife Act (NSW) (1974) at the date of this determination 47 5 71/751382 Only that part of the lot that is reserved under the National Parks and Wildlife Act (NSW) (1974) at the date of this determination 48 26 64/751387 48 27 65/751387 48 28 70/822811 48 31 63/751387 48 39 7001/1054575 48 49 Part Sportsman Creek (Non- Tidal) as shown on the maps at Annexure B 49 66 7005/1126962 49 67 7004/92576 49 86 Unidentified land adjoining Lot 222 in Deposited Plan 751377 50 15 316/751386 50 33 Land above Lot 265 DP751386 and below Lot 2 DP773689 50 34 265/751386 50 54 Land above Lot 7002 and below Lot 265 in DP751386 as shown on the maps at Annexure B 50 57 Unidentified land adjoining Lots 85 and 265 in DP 751386, as shown on the maps at Annexure B. 51 4 Crown Waterway - part Sportmans Creek 51 18 Crown Waterway Parish of Lawrence County Clarence (Former Tidal Inlet) 51 20 7300/1142472 51 44 Crown Waterway - Part of Warragai Creek 51 46 320/751386 51 47 321/751386 51 48 217/751386 51 56 7001/92577 51 57 355/751386 51 59 15/751386 Only that part of the lot that is reserved under the National Parks and Wildlife Act (NSW) (1974) at the date of this determination 51 78 81/751386 51 79 79/751386 51 80 Previously a reserve road now part of the State Forest. Land adjoining Lot 74 in DP751386 and lot 79 in DP751386 Only that part of the lot not affected by a road, that road being subject to clause 7. 51 81 74/751386 52 17 7003/92905 52 24 7002/92906 52 25 7003/92906 52 73 7015/93007 52 74 7301/1145476 52 75 268/1139113 Only that part of the lot not affected by a road, that road being subject to clause 7. 52 76 267/1139113 53 1 84/751386 53 3 40/751386 53 4 39/751386 53 5 43/751386 53 6 42/751386 53 7 7/820691 Only that part of the lot not affected by a road, that road being subject to clause 7. 53 8 80/751386 53 10 38/751386 53 11 29/751386 53 58 6/820691 Only that part of the lot not affected by a road, that road being subject to clause 7. 53 59 7/820691 Only that part of the lot not affected by a road, that road being subject to clause 7.

[36]

SCHEDULE TWO OTHER RIGHTS AND INTERESTS

The rights and interests of Telstra Corporation Limited; (a) as the owner or operator of telecommunications facilities within the Consent Determination Area; (b) as the holder of a carrier licence under the Telecommunications Act 1997 (Cth); (c) created pursuant to the Post and Telegraph Act 1901 (Cth), the Telecommunications Act 1975 (Cth), the Australian Telecommunications Corporations 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 telecommunications facilities; and (iii) to alter, remove, replace, maintain, repair and ensure the proper functioning of its telecommunications facilities; (d) for its employees, agents or contractors to access its telecommunications facilities in and in the vicinity of the Consent Determination Area in performance of their duties; and (e) under any lease, licence, access agreement or easement relating to its telecommunications facilities in the Consent Determination Area.
The rights and interests of an energy services corporation within the meaning of the Energy Services Corporations Act 1995 (NSW) to exercise functions, powers or rights in accordance with the laws of the State of New South Wales or Commonwealth and as owner and operator of electricity transmission facilities and associated infrastructure situated on the Consent Determination Area including but not limited to the right to enter the Consent Determination Area in order to access, use, install, maintain, repair, replace, upgrade or otherwise deal with facilities and infrastructure.
The rights and interests of the Richmond Valley Council, Clarence Valley Council and Lismore City Council under their local government jurisdiction and as entities exercising statutory powers in respect of the land and waters in their local government area, including existing access to public work.
The rights and interests of the Crown in right of the State of New South Wales.
The rights and interests granted or recognised by the State of New South Wales pursuant to statute or otherwise in the exercise of its executive power and under any regulations made pursuant to such legislation.
The rights and interests granted by the Commonwealth pursuant to statute or otherwise in the exercise of its executive power and under any regulations made pursuant to such legislation.
The rights or interests held by reason of the force and operation of the laws of the State of New South Wales or of the Commonwealth.
The rights and interests of New South Wales Aboriginal Land Council, Bogal Local Aboriginal Land Council, Casino-Boolangle Local Aboriginal Land Council, Jali Local Aboriginal Land Council, Ngulingah Local Aboriginal Land Council and/or Yaegl Local Aboriginal Land Council arising under the Aboriginal Land Rights Act 1983 (NSW) in relation to land which is subject to an undetermined Aboriginal land claim made by one or more of them under s.36 of the Aboriginal Land Rights Act 1983 (NSW), including the right of that Council or those Councils to have that claim determined according to law and, subject only to a determination that the land is claimable Crown land as defined in s.36(1) of that Act, the right to the transfer of an estate in fee-simple, which estate will be subject to any native title rights and interests existing in relation to the land immediately before the transfer, as described in s.36(9) of that Act.
The rights and interests of members of the public arising under the common law including but not limited to: (a) the public right to fish; (b) the public right to navigate;
The right to access land by an employee or agent or instrumentality of the State, Commonwealth or other statutory authority as required in the performance of his or her statutory or common law duties.
So far as confirmed pursuant to sections 16 and 18 of the Native Title (New South Wales) Act 1994 as at the date of this determination, any existing public access to and enjoyment of: (a) waterways; (b) the beds and banks or foreshores of waterways; (c) coastal waters; (d) beaches; (e) stock routes; (f) areas that were public places at the end of 31 December 1993.
Any other: (a) legal or equitable estate or interest in the land or waters of the Consent Determination Area; or (b) right (including a right under an option and a right of redemption), charge, power or privilege over, or in connection with: (i) the land or waters of the Consent Determination Area; or (ii) an estate or interest in the land or waters of the Consent Determination Area.

[38]

Then southerly to the southern boundary of Lawrence Road road reserve at Longitude 153.040025° East; then generally south westerly along that road reserve to the prolongation easterly of the northern boundary of Lot 56 DP751386; then westerly to the north eastern corner of that lot; then southerly and generally westerly along the boundaries of that lot, southern boundaries of Lot 55 DP665203, Lot 2 DP373160 and Lot 10 DP820691 and onwards to the south eastern corner of Lot 53 DP751386; again westerly along the southern boundaries of that lot, Lot 11 DP113364 and again Lot 53 DP751386 to the eastern bank of Bunyip Creek; then westerly to the western bank of that creek at Latitude 29.607567° South; then generally north westerly and generally westerly along the bank of that creek to Longitude 152.935264° East; then north westerly to the western boundary of The Summerland Way road reserve at Latitude 29.614039° South; then generally northerly and generally north westerly along that road reserve and the western boundary of Khan Road road reserve to the eastern boundary of Lot 69 DP725852 (Gurranang State Conservation Area); then northerly, westerly and generally north westerly along boundaries of that lot to its northern most corner; again north westerly to the western bank of Sportsmans Creek at Latitude 29.432304° South; then generally north easterly, generally north westerly and generally westerly along the bank of that creek to Longitude 152.863356° East; again generally westerly and generally northerly passing through the following coordinate points. Longitude (East) Latitude (South) 152.862999 29.313041 152.862483 29.312881 152.862155 29.312824 152.861523 29.312760 152.861089 29.312768 152.860564 29.312826 152.860015 29.312978 152.861668 29.311168 152.861889 29.311039 152.862348 29.310682 152.862725 29.310435 152.863328 29.309955 152.863569 29.309875 152.864158 29.309429 152.864412 29.309379 152.864740 29.309249 152.865093 29.309155 152.865396 29.308983 152.865723 29.308760 152.865813 29.308660 152.866083 29.308157 152.866256 29.307745 152.866500 29.307267 152.866876 29.306828 152.866909 29.306600 152.866864 29.305951 152.866915 29.305531 152.867019 29.305202 152.867182 29.304696 152.867256 29.303150 152.867304 29.302835 152.867386 29.302519 152.867524 29.302182 152.867884 29.301557 152.868285 29.301206 152.868080 29.300955 152.867957 29.300847 152.867596 29.300626 152.867169 29.300196 152.866889 29.299988 152.866291 29.299702 152.865724 29.299510 152.865191 29.299360 152.864871 29.299203 152.864346 29.298902 152.864044 29.298788 152.864033 29.297992 152.863933 29.297246 152.863941 29.296866 152.863799 29.295296 152.863764 29.294364 152.863665 29.293876 152.863501 29.293360 152.863295 29.292995 152.863171 29.292730 152.863122 29.292515 152.863073 29.291521 152.862743 29.291181 152.861183 29.290086 152.860961 29.289915 152.860600 29.289578 152.860255 29.289206 152.859992 29.288812 152.859802 29.288325 152.859663 29.288117 152.859433 29.287895 152.858941 29.287523 152.858760 29.287343 152.858390 29.286684 152.858086 29.285889 152.857872 29.285581 152.857560 29.285223 152.857034 29.284743 152.856690 29.284571 152.856575 29.284543 152.856526 29.284485 152.856493 29.284485 152.856181 29.284314 152.855238 29.284064 152.854779 29.283979 152.854590 29.283915 152.855472 29.281518 152.855521 29.281518 152.855693 29.281417 152.855914 29.281223 152.856094 29.280994 152.856486 29.280369 152.856601 29.280097 152.857206 29.278977 152.857369 29.278755 152.857729 29.278410 152.857844 29.278259 152.857885 29.278108 152.857964 29.277390 152.858203 29.277312 152.858446 29.277197 152.858826 29.276967 152.859006 29.276759 152.859300 29.276292 152.859365 29.276120 152.859676 29.275632 152.859938 29.275059 152.860461 29.274577 152.860739 29.274261 152.861296 29.273493 152.861385 29.273279 152.861680 29.272990 152.862229 29.272579 152.862572 29.272164 152.862670 29.271999 152.862858 29.271504 152.863364 29.270428 152.863756 29.269223 152.863870 29.268749 152.863992 29.268426 152.864137 29.268233 152.863844 29.268025 152.863721 29.267846 152.863393 29.267488 152.863168 29.267336 152.863089 29.267338 152.863066 29.267311 152.862827 29.267367 152.862679 29.267546 152.862320 29.268135 152.862140 29.268343 152.862017 29.268429 152.861730 29.268587 152.861411 29.268595 152.861222 29.268545 152.861050 29.268445 152.860697 29.268137 152.859736 29.267150 152.859113 29.266655 152.858874 29.266526 152.858604 29.266462 152.858473 29.266462 152.858249 29.266516 152.857973 29.266685 152.857736 29.266980 152.857613 29.267188 152.857442 29.267626 152.857361 29.267998 152.857239 29.268880 152.857173 29.268938 152.857009 29.268953 152.856764 29.268896 152.855869 29.268502 152.855148 29.268274 152.854780 29.268194 152.852540 29.267575 152.852031 29.267493 152.851671 29.267511 152.851294 29.267477 152.851089 29.267427 152.850851 29.267291 152.850514 29.266933 152.850268 29.266625 152.850252 29.266568 152.850071 29.266410 152.849850 29.266331 152.849645 29.266310 152.849448 29.266325 152.849342 29.266418 152.849208 29.266654 152.848686 29.266312 152.848439 29.266118 152.848234 29.265889 152.848037 29.265596 152.847856 29.265180 152.847725 29.264986 152.847610 29.264865 152.846909 29.264310 152.846789 29.264149 152.846739 29.263961 152.846773 29.263603 152.846921 29.262848 152.846934 29.262729 152.846819 29.262485 152.846639 29.262213 152.846532 29.261861 152.846523 29.261559 152.846531 29.261302 152.846465 29.260987 152.846464 29.260671 152.846548 29.260301 152.846584 29.260211 152.846834 29.259577 152.846626 29.259308 152.846413 29.259158 152.846142 29.259015 152.846060 29.259001 152.845759 29.258854 152.845256 29.258615 152.844748 29.258443 152.844326 29.258250 152.844356 29.257961 152.844197 29.257002 152.844230 29.255845 152.844187 29.255604 152.843940 29.255275 152.843883 29.255024 152.843865 29.254378 152.843782 29.253716 152.843795 29.253382 152.843782 29.253231 152.843757 29.253152 152.843461 29.252708 152.843354 29.252400 152.843329 29.252199 152.843370 29.251927 152.843476 29.251647 152.843787 29.251116 152.842180 29.250300 152.840687 29.249542 152.840548 29.248403 152.840554 29.247768 152.840058 29.246517 152.839996 29.246322 152.839995 29.246136 152.840044 29.245935 152.840207 29.245462 152.840482 29.244857 152.840630 29.244100 152.840637 29.243663 152.840621 29.243146 152.840406 29.242797 152.840062 29.242411 152.839628 29.241967 152.839452 29.241847 152.839284 29.241746 152.838858 29.241560 152.838612 29.241374 152.837875 29.240989 152.837433 29.240717 152.837023 29.240374 152.836745 29.240253

[39]

Then westerly to the eastern boundary of an unnamed road reserve passing through Lot 2 DP755617 at Latitude 29.240187° South; then generally northerly along that road reserve to the southern boundary of Lot 31 DP755608; then westerly along the boundary of that lot to Longitude 152.847533° East; then generally northerly and generally north westerly and again generally northerly passing through the following coordinate points. Longitude (East) Latitude (South) 152.847541 29.215949 152.847524 29.215770 152.847393 29.215627 152.847188 29.215549 152.846845 29.215521 152.846599 29.215464 152.846378 29.215371 152.846173 29.215178 152.846058 29.214978 152.845771 29.214627 152.845714 29.214477 152.845707 29.214303 152.845542 29.214212 152.845329 29.213961 152.845083 29.213740 152.844780 29.213633 152.844518 29.213612 152.844216 29.213627 152.843913 29.213591 152.843700 29.213513 152.843348 29.213227 152.843299 29.213213 152.843282 29.213184 152.842881 29.213078 152.842669 29.213056 152.842546 29.213057 152.842225 29.213126 152.841883 29.212879 152.841760 29.212728 152.841670 29.212492 152.841655 29.212240 152.841759 29.211869 152.842150 29.211367 152.842240 29.211087 152.842264 29.210829 152.842214 29.210507 152.842083 29.210300 152.841984 29.210192 152.841624 29.209921 152.841559 29.209835 152.841559 29.209694 152.841607 29.209405 152.841836 29.209125 152.841925 29.208925 152.841966 29.208695 152.841858 29.208165 152.841866 29.207915 152.842037 29.207635 152.842152 29.207527 152.842470 29.207369 152.842691 29.207318 152.843280 29.207246 152.843353 29.207224 152.843419 29.207167 152.843451 29.207009 152.843426 29.206845 152.843352 29.206665 152.843262 29.206558 152.843074 29.206451 152.842747 29.206394 152.842566 29.206294 152.841838 29.206116 152.841716 29.206081 152.841159 29.205795 152.840873 29.205708 152.840782 29.205567 152.840618 29.205108 152.840462 29.204944 152.840118 29.204687 152.839766 29.204258 152.839429 29.203974 152.839103 29.203886 152.838563 29.203830 152.837998 29.203709 152.837793 29.203609 152.837449 29.203380 152.836647 29.202923 152.835149 29.202224 152.834495 29.202081 152.834344 29.202002 152.834069 29.201882 152.833734 29.201775 152.833374 29.201704 152.832662 29.201726 152.832098 29.201706 152.831820 29.201678 152.831468 29.201571 152.831451 29.201585 152.831116 29.201328 152.830903 29.201278 152.830214 29.201319 152.829905 29.201437 152.829137 29.201596 152.829006 29.201596 152.828821 29.201547 152.828368 29.201318 152.828196 29.201204 152.827957 29.200948 152.827819 29.200775 152.827638 29.200230 152.827523 29.200080 152.827220 29.199816 152.826974 29.199644 152.826672 29.199487 152.826639 29.199444 152.826524 29.199387 152.826189 29.199294 152.825780 29.199223 152.825664 29.199178 152.825379 29.199002 152.824969 29.198537 152.824715 29.198315 152.824404 29.198145 152.824191 29.198066 152.823897 29.198008 152.823463 29.197988 152.823210 29.197995 152.822686 29.198126 152.822498 29.198147 152.823050 29.195424 152.823491 29.194900 152.823630 29.194656 152.823743 29.194255 152.823776 29.194011 152.823775 29.193711 152.823726 29.193281 152.823511 29.192350 152.823339 29.191813

[41]

Then northerly to a point on the southern bank of Four Mile Creek at Longitude 152.801515° East; then generally westerly and generally south westerly along the bank of that creek to the southern boundary of an unnamed road reserve passing through Lot 77 DP755635 at Latitude 29.149361° South; then generally north westerly along that road reserve and onwards to the western boundary of Seery Road road reserve; then generally north easterly along that road reserve to the southern boundary of Wyan Creek Road road reserve; then generally north westerly and generally northerly along that road reserve to the northern bank of Myrtle Creek; then generally north easterly along the bank of that creek to Latitude 29.123443° South; then generally north westerly and generally northerly passing through the following coordinate points. Longitude (East) Latitude (South) 152.791725 29.123079 152.790751 29.122685 152.790030 29.122263 152.789457 29.121833 152.789212 29.121704 152.788819 29.121432 152.788057 29.120974 152.787582 29.120522 152.787402 29.120308 152.786862 29.119591 152.786338 29.118760 152.785904 29.118380 152.785609 29.118166 152.784938 29.117734 152.784992 29.116953 152.785081 29.115383 152.785151 29.113813 152.785201 29.112243 152.785233 29.110911 152.785255 29.109578 152.785261 29.108245 152.785245 29.106913 152.785201 29.105582 152.785118 29.104097 152.785005 29.102613 152.784862 29.101130 152.784689 29.099651 152.784485 29.098178 152.784461 29.098034 152.784137 29.096550 152.783767 29.095068 152.783335 29.093602 152.782831 29.092168 152.782239 29.090781 152.781828 29.089996 152.781372 29.089233 152.780898 29.088477 152.780436 29.087715 152.780017 29.086933 152.779549 29.085958 152.779100 29.084967 152.778691 29.083959 152.778348 29.082936 152.778092 29.081901 152.777935 29.080715 152.777898 29.079504 152.777939 29.078279 152.778017 29.077051 152.778092 29.075832 152.778188 29.074439 152.778328 29.073047 152.778493 29.071656 152.778667 29.070266 152.778832 29.068876 152.779052 29.067100 152.779297 29.065326 152.779535 29.063551 152.779736 29.061775 152.779869 29.059995 152.779935 29.057926 152.779933 29.055850 152.779869 29.053773 152.779747 29.051699 152.779573 29.049635 152.779434 29.048358 152.779270 29.047083 152.779086 29.045810 152.778889 29.044539 152.778684 29.043270 152.778395 29.041569 152.778086 29.039871 152.777755 29.038176 152.777403 29.036486

[42]

Then northerly to the north eastern corner of the south western severance of Lot 65 DP755636, a point on the southern boundary of Busbys School Road road reserve; then generally north westerly and generally westerly along that road reserve to the north western corner of the southern severance of Lot 13 DP755636; then northerly to and along the western boundary of the northern severance of that lot and onwards to the northern bank of Busbys Creek; then generally easterly and generally north westerly along the bank of that creek and the western bank of Lollback Creek to the northern boundary of Lot 36 DP755604; then westerly along the boundary of that lot to the western boundary of Wyan Alice Road road reserve; then generally northerly, easterly and generally south easterly along that road reserve to Longitude 152.792097° East; then generally easterly and generally north easterly passing through the following coordinate points. Longitude (East) Latitude (South) 152.793252 29.033441 152.793561 29.033551 152.794120 29.033241 152.794433 29.033167 152.794744 29.033147 152.795881 29.033123 152.796474 29.032822 152.797056 29.032529 152.797639 29.032232 152.798219 29.031933 152.798797 29.031630 152.799359 29.031336 152.799921 29.031041 152.800482 29.030742 152.801037 29.030435 152.801586 29.030118 152.802086 29.029812 152.802582 29.029497 152.803075 29.029176 152.803565 29.028851 152.804053 29.028526 152.805118 29.027812 152.806172 29.027085 152.807221 29.026349 152.808267 29.025608 152.809311 29.024865 152.809824 29.024503 152.810338 29.024143 152.810850 29.023780 152.811357 29.023412 152.811859 29.023034 152.812524 29.022524 152.813188 29.022009 152.813839 29.021478 152.814462 29.020921 152.815044 29.020328 152.815436 29.019857 152.815800 29.019362 152.816151 29.018855 152.816504 29.018350 152.816876 29.017861 152.817952 29.016658 152.819118 29.015529 152.820319 29.014428 152.821502 29.013310 152.822609 29.012130 152.823065 29.011581 152.823509 29.011022 152.823947 29.010459 152.824389 29.009897 152.824839 29.009344 152.825482 29.008629 152.826159 29.007937 152.826830 29.007244 152.827464 29.006527 152.828025 29.005762 152.828333 29.005258 152.828621 29.004742 152.828891 29.004214 152.829143 29.003677 152.829379 29.003135 152.829616 29.002576 152.829846 29.002009 152.830054 29.001435 152.830223 29.000856 152.830336 29.000270 152.830386 28.999750 152.830404 28.999220 152.830389 28.998688 152.830338 28.998159 152.830255 28.997644 152.830079 28.997083 152.829914 28.996518 152.829764 28.995949 152.829625 28.995377 152.829503 28.994801 152.829379 28.994232 152.829255 28.993657 152.829150 28.993081 152.829089 28.992506 152.829094 28.991939 152.829184 28.991311 152.829347 28.990683 152.829568 28.990061 152.829831 28.989454 152.830116 28.988873 152.830366 28.988431 152.830645 28.988005 152.830943 28.987588 152.831248 28.987174 152.831548 28.986760 152.832092 28.986035 152.832663 28.985327 152.833235 28.984621 152.833782 28.983900 152.834275 28.983147 152.834654 28.982479 152.835009 28.981793 152.835338 28.981093 152.835639 28.980382

[43]

Then north easterly to the northern boundary of an unnamed road reserve passing through lot 2 DP832403, south of Mongogarie Creek at Longitude 152.835913° East; then generally easterly along that road reserve to the northern boundary of Lot 1 DP113913; again generally easterly along the boundaries of that lot and again the northern boundary of that unnamed road reserve to the western boundary of another unnamed road reserve, west of Cherry Tree Creek; then generally northerly along the boundary of that road reserve to Latitude 29.956606° South; then north easterly to the western most corner of Lot 111 DP755618; then northerly along the boundary of that lot to the northern boundary of an unnamed road reserve passing through that lot; then generally north easterly and generally easterly along the boundary of that road reserve and the boundary of Hogarth Range Road road reserve to the western boundary of Mongogarie Road road reserve; then generally northerly, generally easterly and generally north easterly along that road reserve to the western boundary of the Nor-coa Railway reserve; then generally north easterly along that railway reserve to the southern boundary of Shannon Brook Road; then northerly to the south western corner of Lot 1 DP180967; then north easterly and south easterly along boundaries of that lot to again the western boundary of the Nor-coan Railway reserve; then generally north easterly along that railway reserve to the prolongation easterly of the southern boundary of Lot 108 DP755633; then westerly along that prolongation to the southern most corner of that lot; then generally north easterly along the boundary of an unnamed road reserve west of Nor-coa Railway reserve to the southern boundary of Lot 167 DP755627; then easterly and generally northerly along boundaries of that lot and the eastern boundary of Lot 7001 DP1059064 to its eastern most north eastern corner; then north easterly to the south western corner of Lot 72 DP755627; then north westerly and generally easterly along the boundary that lot and western and northern boundaries of Lot 73 DP755627 to the western boundary of Lot 101 DP971685; then generally northerly along boundaries of that lot to the southern boundary of Bennett Street road reserve; then westerly along that road reserve to the prolongation southerly of the eastern boundary of Walker Street road reserve; then generally northerly to and along that road reserve to the southern boundary of Light Street road reserve, then easterly along that road reserve and onwards to the eastern boundary of East Street road reserve, then northerly to the southern boundary of Hare Street road reserve, then easterly along that road reserve and onwards to the prolongation southerly of the eastern boundary of Boundary Street road reserve, then northerly to and along that road reserve to the southern boundary of Hartley Street road reserve, then easterly along that road reserve to the prolongation southerly of the eastern boundary of Grays Lane road reserve, then generally northerly to and along that road reserve and the eastern boundary of Short Street road reserve to the southern boundary of Johnston Street; then easterly along that road reserve to the prolongation southerly of the eastern boundary of Dyraaba Street road reserve, then generally northerly and westerly to and along that road reserve to the southeast corner of Lot 3 DP859772; then generally northerly along the boundary of that lot, the eastern boundary of Lot 101 DP828533; southern and eastern boundaries of Lot 318 DP755727 to the north eastern corner of Lot 318 DP755727; then north westerly to the northern boundary of Spring Grove Road road reserve at 153.069353 East°; then generally north easterly and generally northerly along that road reserve and the western boundary of Pratts Road road reserve to the north eastern corner of the southern severance of Lot 2 DP707496; then easterly along the prolongation of the northern boundary of that severance to the eastern boundary of Pratts Road road reserve; again generally northerly and generally easterly along that road reserve to the prolongation southerly of the western boundary of Lot 9 DP114205; then northerly to the south western corner of that lot and easterly along the southern boundary of that lot to the western boundary of Lot 194 DP755742; then northerly and easterly along boundaries of that lot to the southwest corner of Lot 184 DP755742; then northerly and easterly along boundaries of that lot and onwards to the eastern boundary of Gores Road road reserve; then generally south easterly along that road reserve to the western boundary of an unnamed road reserve north of Lot 11 DP845649; then northerly and easterly along that road reserve to the western boundary of Lot 10 DP845649; then northerly along the boundary of that lot to the northern bank of Pelican Creek; then generally south easterly along the bank of that creek to the northern boundary of Lot 2 DP866264; then generally easterly and southerly along boundaries of that lot to the northern boundary of Caniaba Road road reserve; then easterly along that road reserve to again the northern bank of Pelican Creek; again generally south easterly along the bank of that creek to Longitude 153.194725° East; then easterly to north western corner of Lot 105 DP755736; then southerly and easterly along boundaries of that lot to again the northern bank of Pelican Creek; again generally south easterly along the bank of that creek to the western boundary of Lot 145 DP755736; then southerly and generally south easterly along boundaries of that lot, southern boundaries of Lot 125 DP755736, Lot 13 DP113663 and Lot 14 DP113663 to the north western corner of Lot 4 DP122848; then generally southerly and generally south easterly along boundaries of that lot, northern and eastern boundaries of Lot 2 DP534003 to again the northern bank of Pelican Creek; then generally south easterly again along the bank of that creek to the western boundary of Lot 139 DP755736; then generally southerly and generally south easterly along the boundary of that lot, western boundary of Lot 2 DP594856, western and southern boundaries of Lot 4 DP739070 and northern and eastern boundaries of Lot 259 DP728186 to an eastern bank of again Pelican Creek; then generally southerly and generally south easterly along the bank of that creek to the southern bank of the Wilsons River; then northerly to the northern bank of that river at Longitude 153.295028° East; then generally easterly and generally southerly along the bank of that river to the northern boundary of Delelvin Lane road reserve; then generally easterly along that road reserve and northerly along the western boundary of Tuckurimba Road road reserve to the prolongation westerly of the northern boundary of Paffs Lane road reserve; then easterly to and along that road reserve and the northern boundary of Lot 2 DP114827 to again the northern boundary of Paffs Lane roads reserve; again generally easterly again along that road reserve and the northern boundary of Maxwell Road road reserve and onwards to the eastern boundary of Wyrallah Road road reserve; then southerly along that road reserve to the northern boundary of Dungarubba Road road reserve; then easterly along that road reserve to the southern boundary of Lot 1 DP627659; then generally easterly along boundaries of that lot, southern and eastern boundaries of Lot 154 DP755691, southern boundary of Lot 170 DP755691, southern and western boundaries of Lot 1 DP115382, southern boundary of Lot 227 DP755691, northern and eastern boundaries of Lot 162 DP755691, western, southern and eastern boundaries of Lot 226 DP755691 to the prolongation westerly of the southern boundary of Lot 126 DP755691, then generally easterly to and along boundaries of that lot, western and northern boundaries of Lot 29 DP755691 to the western bank of the Tuckean Broadwater; then generally south easterly along the bank of that broadwater to the western bank of the Richmond River; then generally south westerly along the bank of that river to Latitude 29.012574° South; then south easterly to the north western corner of Lot 9, Section 5 DP2769, being the northern boundary of McDonald Street road reserve; then generally south easterly along that road reserve, northern and eastern boundaries of the Broadwater Evans Head Road road reserve and northern boundary of Broadwater Beach Road road reserve and onwards to the High Water Mark of the South Pacific Ocean; then generally southerly along that high water mark to Latitude 29.262076° South; then generally westerly passing through the following coordinate points back to the commencement point. Longitude (East) Latitude (South) 153.360841 29.262077 153.358195 29.261741 153.354467 29.261408 153.350453 29.261418 153.346922 29.261166 153.342022 29.261097 153.335250 29.261115 153.330938 29.261468 153.328489 29.261474 153.326235 29.261741 153.323896 29.260799 153.319573 29.260981 153.313098 29.260735 153.309566 29.260057 153.303778 29.258780 153.296623 29.258462 153.286520 29.256237

[49]

INTRODUCTION 1 The importance of what is about to happen today for the Bandjalang people cannot be overstated. Today, after some seventeen years, the Bandjalang people will at last be recognised for what, in fact, they have always been, the traditional owners of the land identified in the two amended applications for determinations of native title lodged on behalf of the Bandjalang people known as the Bandjalang No 1 and Bandjalang No 2 claims. Every party to the proceedings consents to the making of orders which embody these acts of recognition and, in so doing, has given effect to that part of the Preamble to the Native Title Act 1993 (Cth) (the NTA) which records that "the common law of Australia recognises a form of native title that reflects the entitlement of the indigenous inhabitants of Australia, in accordance with their laws and customs, to their traditional lands". 2 Your combined efforts and achievements in reaching this result will justifiably give rise to a real and well deserved sense of pride and celebration. That is only right. I know the work of the parties over the past months has been tireless and that as problems and issues have arisen, as they always do, the parties have dealt with them constructively and sensibly, not losing sight of the ultimate goal. 3 In this time of celebration, however, we should not overlook the fact that this process has taken seventeen years to complete. The matters have been through the hands of five judges of the Court. One of those judges, the esteemed Hely J who heard preservation evidence in 2002, subsequently passed away. So too the original applicant on both claims, Lawrence Wilson, did not live to see this day. We, who together are responsible for managing the legislative scheme for the determination of native title applications in New South Wales, should not forget on this day, of all days, that the past injustices which the Preamble to the NTA identifies have led to Aboriginal peoples and Torres Strait Islanders being "as a group, the most disadvantaged in Australian society" are not rectified as that Act contemplates by assuming that the express overarching purpose of all of the civil practice and procedure provisions of the Court do not apply to native title applications. The overarching purpose, with which all parties and their lawyers must act consistently, as set out in ss 37M and 37N of the Federal Court of Australia Act 1976 (Cth), is to facilitate the just resolution of disputes, according to law, and as quickly, inexpensively and efficiently as possible. 4 The fact that the NTA embodies a scheme emphasising the importance of outcomes based on agreement rather than judicial imposition, if at all possible, should act to support and promote the conduct of native title matters in a way which routinely ensures that disputes are resolved by agreement and according to law, and as quickly, inexpensively and efficiently as possible. There is no conflict between these schemes and, indeed, the overarching purpose should enhance the operation of the NTA as contemplated. To date in New South Wales, however, there have been only two determinations by consent of native title. Today, we will see the third and fourth determinations made. The passing of seventeen years to obtain this result is not what either statute contemplates. Failure to recognise and redress this reality will undermine the objects of both statutes. Renewed dedication to ensuring that native title disputes are resolved justly, according to law, and as quickly, inexpensively and efficiently as possible is required. That dedication, and the flexibility of mind to see constructive resolutions and new ways of doing things, which I do see in the terms of the proposed determinations in the present case, is a responsibility we share. It is not only my hope, but also my expectation, that the work which has enabled these determinations to be made today will enable future outcomes of a similar kind to be more readily achievable.

[50]

THE RELEVANT POWERS AND PROVISIONS 5 Section 87(1) of the NTA permits the Court, at any stage of proceedings after the end of the period specified in the notice given under s 66, to make an order in or consistent with the terms of an agreement between the parties without holding a hearing where: (a) agreement is reached between the parties on the terms of an order of the Federal Court in relation to: (i) the proceedings; or (ii) a part of the proceedings; or (iii) a matter arising out of the proceedings; and (b) the terms of the agreement, in writing signed by or on behalf of the parties, are filed with the Court; and (c) the Court is satisfied that an order in, or consistent with, those terms would be within the power of the Court. 6 By s 87(1A) the Court may, if it appears appropriate to do so, act in accordance with whichever of the succeeding provisions is applicable in the particular case. 7 Section 87(5) provides that that if such an order makes a determination of native title the order may also give effect to terms of the agreement that involve matters other than native title and is the applicable provision in the present case. It follows that the orders may be made provided that the requirements of ss 87(1) and 87(1A) are satisfied. 8 In the present case the notice periods under s 66 of the NTA have ended and agreement has been reached between the parties on the terms of orders in relation to both proceedings. The terms of the agreement have been recorded in writing, signed on behalf of all parties, and filed with the Court. The parties, accordingly, seek orders pursuant to s 87(5) making determinations of native title and other matters. 9 As explained by Keane CJ in King on behalf of The Eringa Native Title Claim Group v State of South Australia (2011) 285 ALR 454; [2011] FCA 1386 (Eringa), s 87(1)(c) requires the order to be within the power of the Court. As a consequence, the provisions of s 223, 225 and 94A of the NTA are called up for consideration. 10 Section 223(1) informs us that: The expression native title or native title rights and interests means the communal, group or individual rights and interests of Aboriginal peoples or Torres Strait Islanders 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 or Torres Strait Islanders; and (b) the Aboriginal peoples or Torres Strait Islanders, 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. 11 By s 94A an "order in which the Federal Court makes a determination of native title must set out details of the matters mentioned in section 225 (which defines determination of native title)". 12 Section 225 provides that: A determination of native title is 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. 13 In Eringa at [16] Keane CJ explained that it is important to explain why these statutory requirements have been satisfied because orders recognising native title have effect not only as between the parties but also as between all people within Australia. At [19] Keane CJ observed that: …the court has been prepared 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. It acts in the public interest and as the public guardian in doing so. It 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. Although 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. 14 At [20] Keane CJ cited with approval the observations of North J in Lovett (on behalf of the Gunditjmara People) v Victoria [2007] FCA 474 at [36]-[37] where this was said: 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 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. 15 Under s 56 of the NTA, "[o]ne of the determinations that the Federal Court must make is whether the native title is to be held in trust, and, if so, by whom". Section 56(2) sets out the steps the Court must take in respect of that determination.

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APPROPRIATE TO MAKE ORDERS? 16 I am satisfied that it is appropriate to make the orders sought. There is no question that the relevant procedural requirements are satisfied. Equally, the evidence which has been adduced by the parties discloses that they have reached an agreement freely and on a properly informed basis. 17 The native title claim group consists of the descendants, both biological and adopted, of 12 apical ancestors who identify as and are accepted to be Bandjalang people in accordance with the traditional laws and customs of those people. The claims relate to land on the north coast of New South Wales at and around Evans Head. 18 As the affidavit of Janet Moss, solicitor for the State of New South Wales (the State), discloses, anthropological and linguistic evidence was provided by the applicants to the State in support of the Bandjalang claims as early as 1992. In the same year evidence was given before Hely J by two members of the claim group. Thereafter, sixteen members of the claim group provided statements in support of the claim. A supplementary anthropological report was also provided. The State retained another anthropologist to review all of the material with which it had been provided. The State also had available to it expert assistance from an in-house anthropologist and historian. The State raised issues of concern to it which were addressed thereafter including through further anthropological and historical reports and material and amendments to the applications. The State also had available to it legal advice from the Crown Solicitor's Office and counsel, both senior and junior. By 2009 the State had the benefit of counsel's advice that it could be satisfied that there was a cogent and credible basis for a consent determination recognising non-exclusive native title rights and interests of the Bandjalang people within the claim areas. 19 These conclusions are consistent with the opinions expressed in other affidavits. Michael Bennett, historian, who has been involved in the preparation of material to support the claims since June 2002 has expressed the opinion that the present Bandjalang people are "the descendants of the Bandjalang apical ancestors whose predecessors at sovereignty exercised and held rights and interests which have as their source a system of traditional law and custom which continues to be binding upon and observed by Bandjalang People". Simon Correy, anthropologist, has been involved in these claims since 2002. He has expressed the opinion that the "Bandjalang People of the present are the same Bandjalang group who at sovereignty exercised and held rights and interests which have as their source a system of traditional law and custom which continues to be binding upon and observed by Bandjalang People". 20 It will be apparent that these opinions directly engage the relevant requirements for the establishment of native title rights and interests. Keane CJ summarised those requirements in Eringa at [3] as follows: 1. that the claim group comprises a society united in and by their acknowledgement and observance of a body of accepted laws and customs; and 2. that the present day body of accepted laws and customs of the society in essence is the same body of laws and customs acknowledged and observed by the ancestors or members of the society adapted to modern circumstances; and 3. that the acknowledgement and observance of those laws and customs has continued substantially uninterrupted by each generation since sovereignty, and that the society has continued to exist throughout that period as a body united in and by its acknowledgement and observance of those laws and customs. 21 In the joint submissions which have been filed and signed by the parties it is recorded that the parties propose that the rights and interests that should be recognised in the claim areas to be the subject of the determinations are non-exclusive rights to: (a) hunt, fish and gather the traditional natural resources for non-commercial, personal and domestic use, (b) take and use waters, (c) access and camp, (d) conduct ceremonies, teach the physical, cultural and spiritual attributes of places and areas of importance on or in the land and water, and have access to, maintain and protect from physical harm sites which are of significance to the Bandjalang people under their traditional laws and customs. 22 The proposed determinations reflect this agreement. The proposed determinations identify the land, the holders of native title, the nature and extent of their non-exclusive native title rights and interests, limits on and exclusions from those rights and interests, and the relationship between those rights and interests and other interests. The determinations also propose that the native title be held on trust by the Bandjalang Aboriginal Corporation Prescribed Body Corporate (the Corporation). The affidavits of Victoria Edwards, solicitor, disclose that this Corporation, registered under the Corporations (Aboriginal and Torres Strait Islanders) Act 2006 (Cth) on 13 August 2013, was nominated to hold the native title on trust at a meeting of the claim group on 25 October 2013. The Corporation accepted this nomination on the same day. Otherwise, the requirements of s 56(2) of the NTA are satisfied and, pursuant to s 87(5), the determinations should include this part of the terms agreed between the parties.

Bandjalang People No 1 and No 2 v Attorney General of New South Wales

At a glance

Court

Decision date

Before

Catchwords

Source

Catchwords

Judgment (52 paragraphs)

Parties

Legislation Cited (16)

Cases Cited (8)

Cited By (5)