Budby on behalf of the Barada Barna People v State of Queensland [2016] FCA 1271 | Case summary

Federal Court of Australia|2016-06-29|Before: Mr J, Dowsett J

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

BY CONSENT THE COURT ORDERS THAT:

There be a determination of native title in the terms set out below (the "determination").
The determination will take effect upon the agreements referred to in paragraph 1 of Schedule 4.B being registered on the Register of Indigenous Land Use Agreements.
In the event that the agreements referred to in paragraph 2 above are not registered on the Register of Indigenous Land Use Agreements within six (6) months of the date of this order, or such later time as this Court may order, the matter is to be listed for further directions.
The applicant in QUD 380 of 2008 ("the Barada Barna Applicant") is given leave to discontinue that part of that native title determination application which covers the area described in Schedule 2 Part 2, Table 2 below.

BY CONSENT THE COURT DETERMINES THAT: 7. The Barada Barna Determination Area comprises all of the land and waters of the Barada Barna Area, being land and waters included in the areas described in Schedule 1.A, Part 1, Table 2, and depicted in Schedule 1.B within the Barada Barna Boundary but does not include the areas described in Schedule 2, Part 1, Table 2 and Part 2, Table 2. To the extent of any inconsistency between the written description and the map, the written description prevails. 8. Native title exists in those parts of the Barada Barna Determination Area described in Part 2, Table 2 of Schedule 1.A ("the Barada Barna Native Title Area"). 9. Native title does not exist in those parts of the Barada Barna Determination Area described in Part 3, Table 2 of Schedule 1.A. 10. The native title holders in respect of the Barada Barna Native Title Area are the Barada Barna People, in accordance with the traditional laws acknowledged and the traditional customs observed by them. 11. Subject to paragraphs 12, 13 and 14 below, the nature and extent of the native title rights and interests held by the native title holders referred to in paragraph 10 above are the non-exclusive rights to: (a) access, be present on, move about on and travel over the area; (b) camp, and live temporarily on the area as part of camping, and for that purpose build temporary shelters; (c) hunt, fish and gather on the land and waters of the area for personal, domestic and non-commercial communal purposes; (d) take, use, share and exchange Natural Resources from the land and waters of the area for personal, domestic and non-commercial communal purposes; (e) take and use the Water of the area for personal, domestic and non-commercial communal purposes; (f) conduct ceremonies on the area; (g) be buried and bury native title holders within the area; (h) maintain places of importance and areas of significance to the native title holders under their traditional laws and customs and protect those places and areas from physical harm; (i) teach on the area the physical and spiritual attributes of the area; (j) hold meetings on the area; and (k) light fires on the area for domestic purposes including cooking, but not for the purpose of hunting or clearing vegetation. 12. The native title rights and interests referred to in paragraph 11 above are subject to and exercisable in accordance with: (a) the Laws of the State and the Commonwealth; (b) the traditional laws acknowledged and traditional customs observed by the native title holders; and (c) the terms and conditions of the agreements referred to in paragraphs 1 and 2 of Schedule 4.B, insofar as those agreements apply to the Barada Barna Determination Area. 13. The native title rights and interests referred to in paragraph 11 above do not confer possession, occupation, use or enjoyment to the exclusion of all others. 14. There are no native title rights in or in relation to minerals as defined by the Mineral Resources Act 1989 (Qld) and petroleum as defined by the Petroleum Act 1923 (Qld) and the Petroleum and Gas (Production and Safety) Act 2004 (Qld). 15. The nature and extent of any other interests in relation to the Barada Barna Determination Area (or respective parts thereof) are set out in Schedule 4.B. 16. The relationship between the native title rights and interests described in paragraph 11 above and the other interests described in Schedule 4.B (the "other interests") is that: (a) the other interests continue to have effect, and the rights conferred by or held under the other interests may be exercised notwithstanding the existence of the native title rights and interests; (b) to the extent the other interests are inconsistent with the continued existence, enjoyment or exercise of the native title rights and interests in relation to the land and waters of the Barada Barna Native Title Area, the native title continues to exist in its entirety but the native title rights and interests have no effect in relation to the other interests to the extent of the inconsistency for so long as the other interests exist; and (c) the other interests and any activity that is required or permitted by or under, and done in accordance with, the other interests, or any activity that is associated with or incidental to such an interest, prevail over the native title rights and interests and any exercise of the native title rights and interests.

DEFINITIONS AND INTERPRETATION 17. In this determination, unless the contrary intention appears: "Barada Barna Area" means the area within the Barada Barna Boundary, excluding any areas in Schedule 2, Part 1(a), Part 1(b) Table 2 and Part 2, Table 2; "Barada Barna Claim" means the application for native title made in Federal Court proceeding No. QUD 380 of 2008; "Barada Barna Determination Area" means the Barada Barna Area, being land and waters included in the areas described in Schedule 1.A, Part 1, Table 2, and depicted in Schedule 1.B within the Barada Barna Boundary but does not include the areas described in Schedule 2, Part 1(a), Part 1(b) Table 2 and Part 2, Table 2; "Barada Barna Boundary" means the external boundary described at Schedule 1.A, Part 1, Table 2; "Barada Barna Native Title Area" means those parts of the Barada Barna Determination Area described in Part 2, Table 2 of Schedule 1.A where native title exists; "Barada Barna People" means the native title claim group on whose behalf the native title claim in proceeding No. QUD 380 of 2008 is made; "land" and "waters", respectively, have the same meanings as in the Native Title Act 1993 (Cth); "Laws of the State and the Commonwealth" means the common law and the other laws of the State of Queensland and the Commonwealth of Australia, and includes legislation, regulations, statutory instruments, local planning instruments and local laws; "Natural Resources" means: (a) any animal, plant, fish and bird life found on or in the lands and waters of the Barada Barna Native Title Area; and (b) any clays, soil, sand, gravel or rock found on or below the surface of the Barada Barna Native Title Area, that have traditionally been taken and used by the native title holders, but does not include: (a) animals that are the private personal property of another; (b) crops that are the private personal property of another; and (c) minerals as defined in the Mineral Resources Act 1989 (Qld) or petroleum as defined in the Petroleum Act 1923 (Qld) and the Petroleum and Gas (Production and Safety) Act 2004 (Qld); "Water" means: (a) water which flows, whether permanently or intermittently, within a river, creek or stream; (b) any natural collection of water, whether permanent or intermittent; and (c) water from an underground water source; "Widi #2 Claim" means the application for native title made in Federal Court proceeding No. QUD 492 of 2013; and Other words and expressions used in this determination have the same meanings as they have in Part 15 of the Native Title Act 1993 (Cth).

THE COURT DETERMINES THAT: 18. Upon the determination taking effect: (a) The native title of the Barada Barna People in the Barada Barna Native Title Area, being the area described in Schedule 1.A, Part 2, Table 2 is to be held in trust by the Barada Barna Aboriginal Corporation (ICN: 8343); (b) Subject to paragraph 18(a) above, the Barada Barna Aboriginal Corporation (ICN: 8343), incorporated under the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Cth) is to: (i) be the prescribed body corporate for the purpose of ss 56(2)(b) and 56(3) of the Native Title Act 1993 (Cth); and (ii) perform the functions mentioned in s 57(1) of the Native Title Act 1993 (Cth) after becoming a registered native title body corporate. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

A. Description of Determination Area The Determination Area comprises all of the land and waters described in Parts 2 and 3 below, to the extent that they are within the Shared Country Boundary, Barada Barna Boundary and the Widi #2 Boundary described in Part 1 below, but does not include the areas described in Schedule 2.

Table 1: Shared Country Boundary The Shared Country area covers all land and waters within the external boundary described as: Commencing at a point on the southern boundary of Lot 2 on SP214117 at Easting 607842.233, a point on the southern boundary of QUD372/2006 Widi People of the Nebo Estate #1 Native Title Determination Application; then north easterly along the boundary of that application to a point at Easting 608395.458. Then generally north easterly passing through the following coordinate points: Easting Northing 610142.680 7610908.600 610323.830 7611633.340 611169.350 7611874. 940 613947.490 7615015.490

Then north easterly to the southern boundary of Widi People of the Nebo Estate #1 Native Title Determination Application at Easting 614453.605; then north easterly along that boundary passing through the following coordinate points: Easting Northing 615431.364 7616894.441 617202.832 7618576.856 619038.294 7619867.846 620678.341 7621225.083 621794.745 7622390.28 623041.198 7623359.141 624222.422 7624328.303 625730.999 7625360.166 626683.284 7626485.922

Then generally north easterly and south easterly passing through the following coordinate points: Easting Northing 627415.370 7626973.480 627958.950 7627819.080 631703.420 7629389.290 633575.550 7629389.300 633756.740 7629087.360

Then south easterly to the southern boundary of Widi People of the Nebo Estate #1 Native Title Determination Application at Easting 634833.410; then south easterly along that boundary passing through the following coordinate points: Easting Northing 635159.767 7627897.128 635610.012 7626460.262 635862.898 7624829.299 636310.146 7622871.21 636889.723 7621237.684 638052.092 7618622.26 639742.296 7616979.959 640459.562 7616441.347

Then southerly to a coordinate point at Easting 640586.410, Northing 7616008.780; then south easterly to the southern boundary of Widi People of the Nebo Estate #1 Native Title Determination Application at Easting 643743.692; then generally south easterly along that boundary passing through the following coordinate points: Easting Northing 644490.792 7613162.312 645201.323 7611787.951 646237.209 7610215.518 647988.658 7608180.622 649414.303 7606343.947 650840.828 7604702.527 652333.075 7603190.649 653434.321 7601812.561 654665.424 7600367.916 655769.252 7599445.668 657197.199 7598194.747 658171.929 7597534.106 659188.309 7596951.834

Then generally south easterly, generally north easterly, easterly, and generally north easterly passing through the following coordinate points: Easting Northing 659363.940 7596293.280 660450.990 7595568.600 661296.510 7595327.020 664618.200 7595508.130 665826.100 7595870.570 668604.240 7595930.910 669449.720 7596112.100

Then north easterly to the southern boundary of Widi People of the Nebo Estate #1 Native Title Determination Application at Easting 672777.104; then generally north easterly along that boundary passing through the following coordinate points: Easting Northing 673779.576 7598165.356 676460.946 7598724.353 679991.108 7599274.071 684240.454 7599880.447 685605.658 7600162.468

Then generally easterly and north easterly passing through the following coordinate points: Easting Northing 688551.370 7600446.120 694652.390 7601132.200 695129.050 7601132.200

Then north easterly to a point on the eastern boundary of Lot 3 on WHS25 at Northing 7601823.527; then generally south easterly and south westerly along the boundaries of that lot and eastern boundaries of Lot 8 on WHS379 to Northing 7597986.159; then generally southerly and generally south westerly along a ridgeline passing through the following coordinate points: Easting Northing 695623.489 7597629.275 695489.301 7597241.764 695662.300 7596943.746 695522.571 7596500.599 695488.106 7596237.341 694661.976 7595914.52 694164.294 7595787.898 693906.083 7595373.754 693779.302 7595123.352 692951.433 7594099.478

Then south easterly to the northernmost north western corner of Lot 79 on FTY1932; then southerly and generally north westerly along the boundaries of that lot and southern boundaries of Lot 1 on AP19298 to Easting 688571.114; then north westerly, generally westerly, generally north westerly and generally south westerly passing through the following coordinate points: Easting Northing 688019.732 7593922.918 687343.006 7593796.538 686434.478 7593725.103 686351.744 7593718.649 684676.569 7592887.301 680715.486 7592887.856 677187.715 7591360.168 676738.630 7591454.728 675972.655 7591373.606 674972.333 7590444.378 674539.938 7587941.709 673049.626 7587702.611 672688.440 7588629.357 670651.617 7589020.345 663344.835 7591219.236 660990.509 7592292.814 659428.148 7593517.359 658184.043 7595096.663 657468.210 7595506.644 656569.189 7595605.042 653283.586 7595502.560 652072.677 7595917.024 651366.829 7597401.147 651015.700 7598344.572 647699.094 7599808.062 645329.441 7601530.976 644475.970 7601717.712 640742.020 7601929.931 638951.124 7603020.004 633382.308 7602983.662 632575.254 7602972.414 631340.941 7603456.285 630977.942 7604157.380 630631.392 7607204.790 631102.368 7608031.380 631385.531 7608582.611 631387.228 7608790.396 631149.206 7609142.397 628725.948 7609967.242 625231.329 7607863.164 622992.060 7607833.059 622852.479 7608436.471 622124.513 7609915.932 622018.838 7610834.25 622165.132 7612310.156 621989.831 7612938.068 621630.705 7613097.427 621180.318 7613100.818 618299.436 7610235.418 617839.737 7608940.909 616888.267 7608119.793 616345.550 7607788.077 615313.810 7608310.161 613765.191 7605792.540 610530.044 7603375.937 610485.033 7603376.247

Then generally northerly and generally north westerly passing through the following coordinate points: Easting Northing 610149.966 7603736.556 609806.091 7606111.000 609428.976 7606919.137 607555.763 7609753.391 607629.847 7609841.344

Then north easterly back to the commencement point. The area within the Shared Country Boundary excludes any areas subject to: Native Title Determination Application QUD372/2006 Widi People of the Nebo Estate #1 (QC2006/014) as accepted for registration (12 August 2014).

Data Reference and source Cadastral data sourced from Queensland Digital Cadastral Database (November 2015) Ridgeline interpreted from 1:250,000 Topographic Image © Commonwealth of Australia, Geoscience Australia (2008)

Reference Datum Geographical coordinates are referenced to Map Grid of Australia 1994 (MGA94) Zone 55, in Eastings and Northings shown to three decimal places and are based on the spatial reference data acquired from the various custodians at the time.

Table 2: Barada Barna Boundary The Barada Barna area covers all land and waters within the external boundary described below: Easting Northing 716752.310 7524129 .210 716038.050 7523804.540 715648.450 7523220.150 715648.450 7522700.690 715258.850 7522376.020 714999.130 752166 1.770 715064.060 7520947.510 714025.140 7520363.110 714090.070 7519259.270 713310.880 7518934.600 712531.700 7519194.330 712142.100 7518739.800 711297 .970 7518609.940 710453.850 7519129.390 710194.120 7518220.340 708830.530 7517830.750 708311.080 7518285.280 707661 .760 7518545.000 706882.560 7519713.800 706298.160 7519454.060 706168.300 7518934.600 705843.640 7518609.940 704934.580 7519064.470 703700.870 7516726.890 704415.120 7516142.490 704285.260 7515363.310 704544.990 7514584.120 705324.180 7514064.650 705324.180 7513739.990 704934.580 7513025.740 704674.860 7511402.430 705259.250 7511207.630 705973.500 7510623.240 706233.230 7510038.830 706298.160 7509259.640 706103.370 7508415.520 706038.440 7507831 .130 705908.580 7507441 .530 705259.240 7507116.870 705843.630 7506077.950 705843.630 7505623.420 706752.700 7505039.030 706687.770 7503870.240 707142.300 7503805.310 707402.020 7503415.710 707402.020 7502766.390 707661.760 7502052.130 708051.340 7501337.880 708895.470 7501078.150 710518.780 7501143.080 710843.440 7500493.750 711427.830 7499909.360 711752.500 7499260.030 711622.630 7497831.520 712077.160 7497052.330 711427.840 7496467.940 712856.350 7493935.560 713245.940 7493935.560 713830.350 7494455.030 714869.260 7494000.500 715128.990 7493740.750 716427.650 7494000.490 717466.560 7494065.430 717401.640 7493545.970 717856 .160 7492312.250 717726.300 7491533.050 718635.350 7490494.130 717336.710 7490624.010 716817.240 7491078.530 716622.440 7490753.870 715518.590 7490818.800 713700.480 7491597.990 712986.220 7491792.790 712466.770 7491792.790 711297.970 7492961.570 710648.640 7492701 .840 710194.120 7493286.230 709739.600 7492831.710 708830.530 7492507.040 706882.570 7493156.370 705843.630 7494584.890 704350.200 7495688.750 703571.000 7495558.870 702532.080 7494000.500 702532.090 7493221.310 701168.490 7491922.650 701298.360 7490883.730 700908.770 7488156.570 701103.570 7487182.580 700713.960 7486792.980 700649.030 7486 143.660 700129.570 7486013.780 699415.320 7485429.390 699415.320 7485039.800 698506.260 7484390.480 698116.660 7483221.690 697402.410 7482961.960 697467.330 7481663.310 696428.410 7480429.580 696038.830 7478092.020 695649.220 7477702.420 695714.160 7476793.360 695324.560 7476663.500 693701.250 7476858.300 692532.460 7477247. 890 692337.670 7476858.300 692986.990 7476014.170 691688.340 7475105.120 691233.810 7475170.050 690649.410 7475949.240 690519.550 7476663.500 689545.570 7476533.630 688571.570 7475559.640 687272.930 7475559.630 686493.730 7474910.320 685909.340 7474975.250 685260.010 7474845.390 684805.490 7475105.120 684286.030 7474715.510 683376.960 7475429.780 682338.050 7475429.780 682013.390 7475234.980 679812.430 7474399.080 6776 18.110 7473433.600 675072 .720 7472555.890 672760.500 7471696.160 669968.400 7471566.300 665154.550 7470449.360 661731.470 7469747.190 657957.240 7468781.680 654839.100 7468124.870 650847.680 7467552.870 647241.990 7467085.950 641280.550 7466499.610 637242.380 7466047.020 635943.730 7469163.780 635359.340 7472605.210 632502.300 7480202.330 631268.590 7481825.640 631268.580 7486825.450 629190.740 7495526.420 628541.420 7496240.660 627892.090 7499097.700 626203.850 7500850.880 624970 .120 7502863.790 623671.480 7504097.500 621788.430 7505071 .500 620554.710 7504941.630 619191 .120 7505785.750 616853.560 7509162.250 614321.190 7514032.190 610684.960 7517863.210 608772.400 7523636.600 606204.610 7531239.320 604905.960 7534421.01 0 603347.580 7539810.41 0 601269 .750 7542732.390 599062.040 7547732.190 598477.640 7552212.540 594971.280 7559095.400 593542.760 7567147.030 590620.800 7574029.890 589127.350 7579159.560 593120.700 7588087.790 593120.700 7592698.000 596724.460 7597340.670 597633.520 7601106.760 603315 .120 7607827.280

Then north easterly toward a point at Easting 608089.26, Northing 7610485.900 until its intersection with a western boundary of Red Hill Road (being a western boundary of Widi People of the Nebo Estate #1 Native Title Application); then southerly along the western boundary of that road and that application boundary to Northing 7607799.584; then generally north easterly along that application boundary through Easting 606317.949, Northing 7608285.445 to Easting 607555.763; then generally south easterly and generally south passing through the following coordinate points: Easting Northing 609428.976 7606919.137 609806.091 7606111.000 610149.966 7603736.556 610485.033 7603376.247

Then generally north easterly, generally south easterly, and generally north easterly passing through the following coordinate points: Easting Northing 610530.044 7603375.937 613765.191 7605792.540 615313.810 7608310.161 616345.550 7607788.077 616888.267 7608119.793 617839.737 7608940.909 618299.436 7610235.418 621180.318 7613100.818 621630.705 7613097.427 621989.831 7612938.068 622165.132 7612310.156 622018.838 7610834.250 622124.513 7609915.932 622852.479 7608436.471 622992.060 7607833.059 625231.329 7607863.164 628725.948 7609967.242 631149.206 7609142.397 631387.228 7608790.396 631385.531 7608582.611 631102.368 7608031.380 630631.392 7607204.790 630977.942 7604157.380 631340.941 7603456.285 632575.254 7602972.414 633382.308 7602983.662 638951.124 7603020.004 640742.020 7601929.931 644475.970 7601717.712 645329.441 7601530.976 647699.094 7599808.062 651015.700 7598344.572 651366.829 7597401.147 652072.677 7595917.024 653283.586 7595502.560 656569.189 7595605.042 657468.210 7595506.644 658184.043 7595096.663 659428.148 7593517.359 660990.509 7592292.814 663344.835 7591219.236 670651.617 7589020.345 672688.440 7588629.357 673049.626 7587702.611 674539.938 7587941.709 674972.333 7590444.378 675972.655 7591373.606 676738.630 7591454.728 677187.715 7591360.168 680715.486 7592887.856 684676.569 7592887.301 686351.744 7593718.649 686434.478 7593725.103 687343.006 7593796.538 688019.732 7593922.918

Then south easterly to a point on the southern boundary of Lot 1 on AP19298 at Easting 688571.114; then generally south easterly and generally northerly along the borders of that lot and continuing along the northern borders of Lot 79 on FTY1932 to the northernmost north western corner of Lot 79 on FTY1932. Then north westerly, generally north easterly and generally northerly along a ridgeline passing through the following points: Easting Northing 692951.433 7594099.478 693779.302 7595123.352 693906.083 7595373.754 694164.294 7595787.898 694661.976 7595914.52 695488.106 7596237.341 695522.571 7596500.599 695662.300 7596943.746 695489.301 7597241.764 695623.489 7597629.275

Then north easterly to a point on the eastern boundary of Lot 8 on WHS379 at Northing 7597986.159; then generally north easterly along that boundary and continuing along the eastern boundary of Lot 3 on WHS25 to Northing 7601823.527. Then generally easterly, generally southerly and generally north westerly passing through the following coordinate points: Easting Northing 700086.300 7602498.620 705488.430 760361 0.840 708253.050 7604437.050 709174.590 7605009.030 709969.020 7604691 .270 710731.680 7602466.860 713146.750 7601799.540 713369.190 7601259.330 714195.4 00 7600814.450 714672.060 7600083.570 715816.040 7600242.450 716769.360 7600719.120 717118.910 7601227.550 717055.350 7602021.980 717881.560 7604182.830 718707.770 7605612.810 719343.310 7605835.260 719375.090 7606566.130 721281.730 7606979.230 724078.120 7605167.940 725666.990 7602625.760 726842.750 7601322.890 727573.630 7599797.580 730338.250 7595857.210 732880.440 7592965.480 732935.110 7587842.380 733007 .560 7582733.210 734410 .450 7577574.190 736058.180 7571325.170 739898.620 7564001.280 743144.530 7557788.070 744147.530 7554677.260 745445.830 7550133.280 746390.010 7546297.460 747370.920 7541931.220 747983.370 7539215.950 748691.520 7535616.170 749517.690 7531662.320 750199.100 7528203.450 749812.750 7524344.740 748991.580 7518320.720 748769.140 7518257.160 748809.530 7515669.890 748673.810 7513141.020 747983.360 7510889.850 747243.840 7508565.090 747148.510 7508565.090 747021.400 7508914.640 746354.080 7508342.650 746226.970 7508374.430 746163.410 7508692.200 745496.090 7508851.090 745178.310 7508660.420 744796.990 7509105.300 743811 .900 7509295.970 743271 .690 7509677.300 742000.590 7509581.960 741746.370 7509200.640 741015.500 7509295.970 740793.060 7509327.740 740221.060 7509200.640 739553.740 7508946.420 739108.860 7509423.070 738219.090 7509645.510 737424.660 7509677.290 736789.120 7510503.500 736979.780 7511647.480 736248.910 7511647.480 735994.690 7511933.470 736026.460 7512505.460 736121.800 7512982.130 735772.240 7513903.670 734342.270 7513141.000 733547.830 7513109.230 731831.860 7514094.320 730656.100 7514443.870 729893.450 7514412.090 729416.790 7515047.630 729925.230 7515905.630 729829.900 7516 159.850 728844.800 7516223.400 728527.020 7516922.490 728209.250 7516382.280 7269 69.940 7517558.040 725444.620 7518384.250 724650.190 7520576.880 723760.430 7520926.430 722171.570 7522229.290 721631.350 7523023.720 721408.910 7524517.260 720455.590 7524898.580 719692.930 7526709.880 718676.060 7527027.660 718231.180 7527536.090 717945.180 7528235.190 717563.860 7527853.870 717309.640 7527250. 100 716832.980 7526868.770 716356.320 7526582.780 716070.330 7526550.990 716419.880 7525788.340

Then south easterly back to the commencement point. The Barada Barna area excludes all land and waters within the external boundaries of the following areas:

Native Title Determination QUD6230/1998 Jangga People (QCD2012/009) as determined by the Federal Court on 9 October 2012, further described as excluding: That part west of a line extending southerly passing through the following coordinate points: Longitude (East) Latitude (South) 147.900723 21.778853 147.900636 21.795472 147.896515 21.820494 147.889236 21.841270 147.881728 21.853844 147.872336 21.870422 147862920 21.891011 147.856013 21.913952

Native Title Determination Application QUD372/2006 Wiri People Core Country Claim (QC2006/014) as per the amended application filed in the Federal Court of Australia on 18 December 2006, further described as excluding: That part north of a line commencing at the intersection of the southern boundary of Lot 2 on SP214117 and the western boundary of Red Hill Road Reserve and extending south along that road reserve to Latitude 21.629817° South; then extending generally north easterly, generally south easterly and generally easterly passing through the following coordinate points: Longitude ° (East) Latitude ° (South) 148.027288 21.625385 148.039862 21.611251 148.058737 21.594760 148.075109 21.584155 148.088949 21.571786 148.100268 21.560008 148.114738 21.547050 148.131725 21.531737 148.149354 21.519954 148.165089 21.507584 148.175781 21.496983 148.187741 21.488146 148.199070 21.479310 148.213552 21.469884 148.222657 21.459648 148.226125 21.455750 148.234926 21.445739 148.245628 21.438081 148.262012 21.431596 148.271601 21.429522 148.283152 21.427887 148.293449 21.429871 148.299886 21.435692 148.304337 21.446283 148.308797 21.459228 148.311369 21.473941 148.315844 21.491594 148.321571 21.506305 148.333006 21.529840 148.349460 21.544543 148.369065 21.558067 148.386133 21.567472 148.395635 21.578648 148.402616 21.591004 148.412758 21.605122 148.429855 21.623357 148.443791 21.639827 148.457721 21.654532 148.472277 21.668060 148.483045 21.680412 148.495076 21.693353 148.505830 21.701586 148.519749 21.712758 148.529233 21.718638 148.539346 21.723928 148.548827 21.728631 148.563982 21.732152 148.579757 21.732142 148.604365 21.732126 148.632102 21.723868 148.652907 21.718557 148.670356 21.713936 148.680017 21.711476 148.705871 21.706163 148.739926 21.700844 148.780921 21.694932 148.794081 21.692243 148.815603 21.687845 148.845243 21.682529 148.884967 21.674264 148.911247 21.669742 148.915869 21.668947 148.943614 21.663042 148.970089 21.655374 148.995318 21.651826 149.013300 21.646868 149.027475 21.644742 149.038833 21.644735 149.047673 21.646495 149.059058 21.654728 149.067911 21.660607 149.076755 21.663544 149.086224 21.664714 149.092534 21.664710 149.096926 21.657645 149.104464 21.647046 149.122097 21.636440 149.139111 21.629367 149.140930 21.628416 149.160528 21.618170

Native Title Determination Application QUD6004/2000 Southern Barada and Kabalbara People (QC2000/004) as accepted for registration on 29 April 2002, further described as excluding: That part of Lot 9 on KL70 east of the eastern bank of the Connors River; That part of Lot 4 on KL210 (Croydon Station) east of the eastern bank of the Connors River and south of the southern bank of Lotus Creek; Lot 14 on ROP84; Lot 14 on ROP89; and Lot 23 on SP100966.
Native Title Determination Application QUD6223/1998 Yuibera People (QC1998/037) as accepted for registration on 08 July 1998, further described as excluding: That part of 179 on FTY 1934 being that part of former lot 179 on FTY 1336 as far south as Craigs Road.

Data Reference and source Application boundary compiled by National Native Title Tribunal based on information or instructions provided by the applicants. Cadastre data sourced from Department of Natural Resources and Mines, Qld (February, 2015). Rivers and creeks based on casement data (Aug, 2015) where available, else Queensland Topographic Map Cache Service 1:25,000 (2014) data sourced from Department of Natural Resources and Mines, Qld.

Reference datum Coordinates were provided to the NNTT Geospatial Services and are referenced to the Map Grid of Australia 1994 (MGA94) Zone 55, in Eastings and Northings shown to three decimal places. Geographical coordinates are referenced to the Geocentric Datum of Australia 1994 (GDA94), in decimal degrees and are based on the spatial reference data acquired from the various custodians at the time

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

Table 3: Widi #2 Boundary The Widi #2 area consists of five distinct, non-contiguous boundaries, covering all land and waters within the external boundaries described as:

Boundary 1: Commencing at a point on the southern boundary of QUD372/2006 Widi People of the Nebo Estate #1 Native Title Determination Application at Easting 608395.458; then generally north easterly along that boundary passing through the following coordinate points: Easting Northing 609365.515 7611441.212 609596.067 7611653.628 611299.080 7612815.929 612741.542 7614175.160 613922.735 7615470.694 614453.605 7615971.947

Then generally south westerly passing through the following coordinate points: Easting Northing 613947.490 7615015.490 611169.350 7611874.940 610323.830 7611633.340 610142.680 7610908.600

Then south westerly back to the commencement point of Boundary 1.

Boundary 2: Commencing at a point on the southern boundary of QUD372/2006 Widi People of the Nebo Estate #1 Native Title Determination Application at Easting 626683.284; then generally north easterly and generally south easterly along that boundary passing through the following coordinate points: Easting Northing 627046.033 7626914.610 627966.797 7628015.638 629082.637 7628854.583 630786.468 7629558.877 631782.190 7629780.436 632980.904 7629951.675 634046.367 7629723.279 634708.206 7629073.380 634833.410 7628747.316

Then generally north westerly, westerly, and generally south westerly passing through the following coordinate points: Easting Northing 633756.740 7629087.360 633575.550 7629389.300 631703.420 7629389.290 627958.950 7627819.080 627415.370 7626973.480

Then south westerly back to the commencement point of Boundary 2.

Boundary 3: Commencing at a point on the southern boundary of QUD372/2006 Widi People of the Nebo Estate #1 Native Title Determination Application at Easting 640459.562; then generally south easterly along that boundary passing through the following coordinate points: Easting Northing 641759.616 7615465.116 643517.912 7614408.327 643743.692 7614119.307

Then north westerly to a coordinate point at Easting 640586.410, Northing 7616008.780; then north westerly back to the commencement point of Boundary 3.

Boundary 4: Commencing at a point on the southern boundary of QUD372/2006 Widi People of the Nebo Estate #1 Native Title Determination Application at Easting 659188.309; then generally south easterly, easterly, and generally north easterly along that boundary passing through the following coordinate points: Easting Northing 659212.297 7596938.073 660187.866 7596407.609 661751.619 7596002.021 663383.427 7595986.548 665928.965 7595962.123 668807.827 7596846.395 670966.396 7597411.564 672777.104 7597903.807

Then generally south westerly, westerly, generally south westerly and generally north westerly passing through the following coordinate points: Easting Northing 669449.720 7596112.100 668604.240 7595930.910 665826.100 7595870.570 664618.200 7595508.130 661296.510 7595327.020 660450.990 7595568.600 659363.940 7596293.280

Then north westerly back to the commencement point of Boundary 4.

Boundary 5: Commencing at a point on the southern boundary of QUD372/2006 Widi People of the Nebo Estate #1 Native Title Determination Application at Easting 685605.658; then generally north easterly along that boundary passing through the following coordinate points: Easting Northing 687838.452 7600623.486 690912.720 7601175.869 695034.849 7602041.555

Then north easterly along the southern boundary of QUD372/2006 Widi People of the Nebo Estate #1 Native Title Determination Application to a point on the eastern boundary of Lot 3 on WHS25 at Easting 697760.876, Northing 7602508.929. Then south westerly, southerly and south easterly along the eastern boundaries of that lot to Northing 7601823.527; then south westerly, westerly, and south westerly passing through the following coordinate points. Easting Northing 695129.050 7601132.200 694652.390 7601132.200 688551.370 7600446.120

Then south westerly back to the commencement point of Boundary 5. The Widi #2 area excludes any areas within Boundary 1 - Boundary 5 subject to: Native Title Determination Application QUD372/2006 Widi People of the Nebo Estate #1 (QC2006/014) as accepted for registration (12 August 2014).

Part 2 - Non-exclusive areas

All waterways, natural lakes, creeks and rivers within the External Boundaries as described in Part 1 and depicted in light blue on the determination map that are not included in a lot on plan; and
All of the land and waters described in Tables 1, 2 and 3 below and depicted in light blue on the determination map:

Part 3 - Areas within the Determination Area where native title does not exist All of the land and waters described in the following table and depicted in pink on the determination map:

Schedule 2 - AREAS NOT FORMING PART OF THE DETERMINATION AREA The following areas of land and waters are excluded from the Determination Area.

Part 1 - Excluded as PEPAs (a) Those land and waters within the external boundaries as described in Part A of Schedule 1 upon which any public work, as defined in s 253 of the Native Title Act 1993 (Cth), is or was constructed, established, or situated, and to which ss 23B(7) and 23C(2) of the Native Title Act 1993 (Cth) and/or s 21 of the Native Title (Queensland) Act 1993 (Qld) applies, together with any adjacent land or waters in accordance with s 251D of the Native Title Act 1993 (Cth). and (b) Not limiting (a) above, the land and waters comprising the lots included in the following tables:-

Part 1 Barada Barna People The Barada Barna People are the descendants of one or more of the following people: (a) Bob Lotus; (b) Lizzy Payne; (c) Daisy (wife of Booyah McDonald); (d) Maggie (wife of Toby Barker & Peter Darwin & Michael Angus); (e) "Polly" Mary (wife of Robert Noble & Bert Fox); (f) Lizzie (wife of Paddy Flynn); (g) Polly (wife of Thomas Mitchell); (h) Lucy Ross; (i) Laura (wife of Duke/George Barker, Neddy/Teddy Sauney and Adam Bowen); or (j) Charles Budby (father of George "Saltbush" Budby).

Part 2 Widi People The Widi People are the biological or adopted descendants of one or more of the following people: (a) Jean White, mother of Albert Butterworth; (b) Mr Clark ("of Suttor Station") & Jinny ("of Stockton Station"), whose known children are Charlie Clark and Dick Clark; (c) Jinny ("of Stockton Station"), whose known child (with Mr Watson) is Charlie Watson; (d) Siblings Tommy Emmerson/Iffley and Arthur Emmerson; (e) Roger ("of Nebo district"), whose known child is Emily Rogers; (f) Neddy Thorney, whose known child is Sarah Mate Mate nee Thorney/Sauney; (g) Sophie ("of Nebo"), whose known children are Jack Skeen, William Skeen, Norman Skeen, Elsie Skeen and Mary Skeen; (h) Dick ("of Nebo"), whose known child is Sam Murray; (i) Billy ("of Nebo") & Molly ("of Oxford Downs Station"), whose known children are Jessie and Billy Sullivan; (j) Harry Monsell Snr ("of Lake Elphinstone") whose known children are Lily Sullivan, Flora Doyle and Harry Monsell Jnr; (k) King ("of Fort Cooper") & Meg ("of Fort Cooper"), whose known children are Johnny, Mick, Mitchell Dalton, Paddy, Emma and Annie; (l) Ida, whose known child is Rene Hess ("from Nebo"); or (m) Maggie, whose known children are Norman Brown Snr, George "Duke" Barker and Ina Darwin.

Schedule 4 - OTHER INTERESTS IN THE NATIVE TITLE AREA

A. Shared Country Native Title Area The nature and extent of the other interests in relation to the Shared Country Native Title Area of the Shared Country Determination Area as they exist as at the date of the determination, are the following:

The rights and interests of the parties under the following agreements: (a) the agreement between the Barada Barna People, the Widi #2 People, Barada Barna Aboriginal Corporation (ICN: 8343), Gangali Narra Widi Aboriginal Corporation (ICN: 8363) and Isaac Regional Council dated 4 April 2016 and titled the Barada Barna People, Widi People and Local Government Indigenous Land Use Agreement; and (b) the Barada Barna People, Widi People of the Nebo Estate #2 and Ergon Energy ILUA dated 16 February 2016 ("the Shared Country ILUA").
The rights and interests of the parties under the following registered agreements: (a) the State of Queensland, SunWater Limited (ACN 131 034 985), Les Budby, Frank Budby and Cecil Brown Junior on their own behalf and on behalf of the Barada Barna People, and Graham Sauney, Jim Sauney, Nancy Rhiel, Kathy York, Ken Dodd, BT Sauney, Marie M McLennan, Owen McLennan, Colleen Sauney, Joanne Sauney, Thomas Wallace, Antony Morseu, Brad Sauney, Ross Sauney, Lance Sauney, Ian Whirisky, Nikita Sauney, Samantha White, Justine Sauney, Amanda Sauney and Ronald Watson as parties to the Connors River Dam and Pipelines Project ILUA registered on 5 September 2011 (QI2011/009); and (b) the North Queensland Gas Pipeline Southern Indigenous Land Use Agreement (National Native Title Tribunal number QI2002/049) registered on 15 December 2003 between: (i) Enertrade (NQ) Pipeline No.1 Pty Ltd and Enertrade (NQ) Pipeline No.2 Pty Ltd; (ii) Harriet Tanna, Gibson Gela, Alison Douglas, Celeste Walsh, Les Budby, Norman Brown, Lynnette Brown, Albert Brown, Frank Budby, Nicole Muller and May James, together known as Barada Barna Kabalbara & Yetimarla #4 Registered Native Claimants on their own behalf and on behalf of the Barada, Barna, Kabalbara and Yetimarla #4 Native Title Claim Group; (iii) Tyrone Tiers, Marie McLennan, Colin McLennan, Thomas Brown, James Gaston, Paul Butterworth, Dorothy Hustler together known as Jangga People Registered Native Title Claimants on their own behalf and on behalf of the Jangga People Native Title Claim Group; (iv) Norman Johnson, Eric Blay, Pansy Colonel (Emmerson), Christopher Dunrobin, Effie Collins, Len Watson, Eileen Pegler, Marilyn Duncan, Harry Johnson, Oswald Skeen, Michael Watson together known as Wiri #2 Registered Native Title Claimants on their own behalf and on behalf of the Wiri #2 Native Title Claim Group; and (v) Daisy Carlo, Graham Bell, Les Budby, Ron Dallachy, Graham Sauney, Jim Butterworth, Vivienne Schwartz, Grace Lenoy, Patricia Brimble, Linda Budby, Ian Dodd, Joan Macey, Enoch Tranby, Cynthia Tyson, Thomas Tyson on their own behalf and on behalf of their Combined Nebo Inland Group.
The rights and interests of Telstra Corporation Limited (ACN 051 775 556): (a) as the owner or operator of telecommunications facilities installed within the Shared Country Native Title Area; (b) created pursuant to the Post and Telegraph Act 1901 (Cth), the Telecommunications Act 1975 (Cth), the Australian Telecommunications Corporation Act 1989 (Cth), the Telecommunications Act 1991 (Cth) and the Telecommunications Act 1997 (Cth), including rights: (i) to inspect land; (ii) to install and operate telecommunication facilities; and (iii) to alter, remove, replace, maintain, repair and ensure the proper functioning of its telecommunications facilities; (c) for its employees, agents or contractors to access its telecommunications facilities in and in the vicinity of the Shared Country Native Title Area in performance of their duties; and (d) under any lease, licence, access agreement or easement relating to its telecommunications facilities in the Shared Country Native Title Area.
The rights and interests of Ergon Energy Corporation (ACN 087 646 062): (a) as the owner and operator of any "works" as that term is defined in the Electricity Act 1994 (Qld) within the Shared Country Native Title Area; (b) as a distribution entity and the holder of a distribution authority under the Electricity Act 1994 (Qld); (c) created under the Electricity Act 1994 (Qld) and the Government Owned Corporations Act 1993 (Qld) including: (i) rights in relation to any agreement relating to the Shared Country Native Title Area existing or entered into before the date on which these orders are made; (ii) rights to enter the Shared Country Native Title Area by its employees, agents or contractors to exercise any of the rights and interests referred to in this paragraph; and (iii) to inspect, maintain and manage any works in the Shared Country Native Title Area.
The rights and interests of Queensland Electricity Transmission Corporation Limited trading as Powerlink Queensland (ACN 078 849 233): (a) as the owner and operator of works within the meaning of the Electricity Act 1994 (Qld) (Works); (b) as an electricity entity under the Electricity Act 1994 (Qld) including rights to enter and pass through the Shared Country Native Title Area to access, use, maintain, repair, replace, upgrade or otherwise deal with Works; and (c) under any lease, licence, easement, permit or agreement within the Shared Country Native Title Area.
The rights and interests of SunWater Limited (ACN 131 034 985) (SunWater) and Eungella Water Pipeline Pty Ltd (ACN 070 999 236) (Eungella Water Pipeline): (a) SunWater in Lot 2 on SP214117 (Easement in Gross 711550803); (b) Eungella Water Pipeline in Lot 2 on SP214117 (Easement in Gross 703257016);
The rights and interests of: (a) Aurizon Network Pty Ltd (ACN 132 181 116) in relation to rail transport infrastructure under the Transport Infrastructure Act 1994 (Qld); and (b) Aurizon Network Pty Ltd (ACN 132 181 116), Aurizon Property Pty Ltd (ACN 145 991 724) or Aurizon Operations Limited (ACN 124 649 967) under any lease, licence, easement, permit or agreement within the Shared Country Native Title Area.
The rights and interests of Vale Australia (CQ) Pty Ltd and Nebo Central Coal Pty Ltd as holders of the Exploration Permit for Coal numbered 951.
The rights and interests of: (a) Peabody West Burton Pty Ltd (ACN 117 316 695) as the holder of an interest in EPC 682 and EPC 836 granted pursuant to the Mineral Resources Act 1989 (Qld); (b) Peabody West Walker Pty Ltd (ACN 117 316 739) as the holder of an interest in EPC 657 and EPC 712 granted pursuant to the Mineral Resources Act 1989 (Qld); (c) Peabody (Burton Coal) Pty Ltd (ACN 077 679 513) as the holder of an interest in EPC 857 and ML 70109 granted pursuant to the Mineral Resources Act 1989 (Qld); and (d) Peabody Energy Australia PCI Rush Pty Ltd (ACN 128 817 461) as the holder of an interest in EPC 1607 granted pursuant to the Mineral Resources Act 1989 (Qld).
The rights and interests of the holder from time to time of mining lease ML 4738 granted under the Mining Act 1968-1975 (Qld) and administered under the Mineral Resources Act 1989 (Qld), and who at the date of this determination is comprised of Queensland Coal Pty Limited (ACN 000 003 921), Nippon Steel & Sumitomo Metal Australia Pty Ltd (ACN 001 445 049), Marubeni Coal Pty Ltd (ACN 009 932 236) and Sumisho Coal Development Queensland Pty Ltd (ACN 082 435 149).
The rights and interests of the holder from time to time of exploration permits for coal EPCs 1635, 1860 and 1981 granted under the Mineral Resources Act 1989 (Qld), and who at the date of this determination is Rio Tinto Exploration Pty Limited (ACN 000 057 125).
The rights and interests of the State of Queensland and Isaac Regional Council to access, use, operate, maintain and control the dedicated roads in the Shared Country Native Title Area and the rights and interests of the public to use and access the roads.
The rights and interests of Isaac Regional Council: (a) under its local government jurisdiction and functions under the Local Government Act 2009 (Qld), under the Land Protection (Pest and Stock Route Management Act 2002 (Qld) and under any other legislation, for that part of the Shared Country Native Title Area within the area declared to be its respective local government area; (b) as the: (i) lessor under any leases which were validly entered into before the date on which these orders are made and whether separately particularised in these orders or not; (ii) grantor of any licences or other rights and interests which were validly granted before the date on which these orders were made and whether separately particularised in these orders or not; (iii) holder of any estate or interest in land, as trustee of any reserves, that exist in the Shared Country Native Title Area; (c) as the owner and operator of infrastructure, and those facilities and other improvements located in the Shared Country Native Title Area validly constructed or established on or before the date on which these orders are made, including but not limited to: (i) undedicated but constructed roads except for those not operated by Council; (ii) water pipelines and water supply infrastructure; (iii) drainage facilities; (iv) watering point facilities; and (v) recreational facilities. (d) to enter the land for the purposes described in paragraphs (a), (b) and (c) above by their employees, agents or contractors to: (i) exercise any of the rights and interests referred to in paragraph 19 above; (ii) inspect, maintain and repair the infrastructure, facilities and other improvements referred to in subparagraph (c) above; and (iii) undertake operational activities in its capacity as a local government such as feral animal control, weed control, erosion control, waste management and fire management.
The rights and interests of the State of Queensland or any other person existing by reason of the force and operation of the laws of the State of Queensland, including those existing by reason of the following legislation or any regulation, statutory instrument, declaration, plan, authority, permit, lease or licence made, granted, issued or entered into under that legislation: (a) the Land Act 1994 (Qld); (b) the Nature Conservation Act 1992 (Qld); (c) the Forestry Act 1959 (Qld); (d) the Water Act 2000 (Qld); (e) the Petroleum Act 1923 (Qld) or Petroleum and Gas Act 2004 (Qld); (f) the Mineral Resources Act 1989 (Qld); (g) the Fisheries Act 1994 (Qld); (h) the Transport Infrastructure Act 1994 (Qld); and (i) the Sustainable Planning Act 2009 (Qld).
The rights and interests of members of the public arising under the common law, including but not limited to any subsisting public right to fish.
So far as confirmed pursuant to s 212(2) of the Native Title Act 1993 (Cth) and s 18 of the Native Title Act (Queensland) Act 1993 (Qld) as at the date of this determination, any existing public access to, and enjoyment of, the following places in the Shared Country Native Title Area: (a) waterways; (b) 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 rights and interests: (a) held by the State of Queensland or Commonwealth of Australia; or (b) existing by reason of the force and operation of the Laws of the State and the Commonwealth.

B. Barada Barna Native Title Area The nature and extent of the other interests in relation to the Barada Barna Native Title Area of the Barada Barna Determination Area as they exist as at the date of the determination, are the following:

The rights and interests of the parties under the following agreements: (a) the Dipperu National Park Indigenous Land Use Agreement dated 18 March 2016; (b) the agreement between the Barada Barna People, Barada Barna Aboriginal Corporation (ICN: 8343), Central Highlands Regional Council, Isaac Regional Council and Mackay Regional Council dated 1 March 2016 and titled the Barada Barna People and Local Government Indigenous Land Use Agreement; (c) the Barada Barna People and Ergon Energy ILUA dated 16 February 2016; (d) the Barada Barna People/Logan Creek and Cherwell ILUA dated 14 March 2016; (e) the Barada Barna People/Oben Park (aka Harrybrandt West) ILUA dated 7 March 2016; (f) the Barada Barna People/Killarney ILUA dated 11 March 2016; and (g) the Moranbah Indigenous Land Use Agreement between the Barada Barna People, Barada Barna Limited (ACN 142 559 135), the Minister for Economic Development and the State of Queensland dated 2 December 2015.
The rights and interests of the parties under the following registered agreements: (a) the State of Queensland, SunWater Limited (ACN 131 034 985), Les Budby, Frank Budby and Cecil Brown Junior on their own behalf and on behalf of the Barada Barna People, and Graham Sauney, Jim Sauney, Nancy Rhiel, Kathy York, Ken Dodd, BT Sauney, Marie M McLennan, Owen McLennan, Colleen Sauney, Joanne Sauney, Thomas Wallace, Antony Morseu, Brad Sauney, Ross Sauney, Lance Sauney, Ian Whirisky, Nikita Sauney, Samantha White, Justine Sauney, Amanda Sauney and Ronald Watson as parties to the Connors River Dam and Pipelines Project ILUA registered on 5 September 2011 (QI2011/009); and (b) the SunWater Limited (ACN 131 034 985); Eungella Water Pipeline Pty Ltd (ACN 070 999 236); Harriet Tanna, Gibson Gela, Alison Douglas, Celeste Walsh, Les Budby, Norman Brown, Lynette Brown, Albert Brown, Frank Budby, Nicole Muller, May James on their own behalf and on behalf of the BBKY Native Title Group; Allan Fisher, Heather Tilberoo, Gracelyn Smallwood, Algon Walsh Junior, Colin McLennan, David Miller, Frank Fisher, Patrick Walsh on their own behalf and on behalf of the Birri Native Title Group; Colin McLennan, James Gaston, Thomas Brown, Tyrone Tiers, Dorothy Hustler, Marie McLennan on their own behalf and on behalf of the Jangga Native Title Group; Christopher Dunrobin, Len Watson, Michael Watson, Norman Abraham Johnson, Oswald Skeen, Effie Collins, Eileen Pegler, Pansy (Emmeron) Colonel, Marilyn Duncan on their own behalf and on behalf of the Wiri #2 Native Title Group; Graham Sauney, Rick Wilson on their behalf and on behalf of Wiri #3 Native Title Group as parties to the Burdekin Pipeline ILUA registered on 17 March 2006 (QI2005/013). (c) the North Queensland Gas Pipeline Southern Indigenous Land Use Agreement (National Native Title Tribunal number QI2002/049) registered on 15 December 2003 between: (i) Enertrade (NQ) Pipeline No.1 Pty Ltd and Enertrade (NQ) Pipeline No.2 Pty Ltd; (ii) Harriet Tanna, Gibson Gela, Alison Douglas, Celeste Walsh, Les Budby, Norman Brown, Lynnette Brown, Albert Brown, Frank Budby, Nicole Muller and May James, together known as Barada Barna Kabalbara & Yetimarla #4 Registered Native Claimants on their own behalf and on behalf of the Barada, Barna, Kabalbara and Yetimarla #4 Native Title Claim Group; (iii) Tyrone Tiers, Marie McLennan, Colin McLennan, Thomas Brown, James Gaston, Paul Butterworth, Dorothy Hustler together known as Jangga People Registered Native Title Claimants on their own behalf and on behalf of the Jangga People Native Title Claim Group; (iv) Norman Johnson, Eric Blay, Pansy Colonel (Emmerson), Christopher Dunrobin, Effie Collins, Len Watson, Eileen Pegler, Marilyn Duncan, Harry Johnson, Oswald Skeen, Michael Watson together known as Wiri #2 Registered Native Title Claimants on their own behalf and on behalf of the Wiri #2 Native Title Claim Group; and (v) Daisy Carlo, Graham Bell, Les Budby, Ron Dallachy, Graham Sauney, Jim Butterworth, Vivienne Schwartz, Grace Lenoy, Patricia Brimble, Linda Budby, Ian Dodd, Joan Macey, Enoch Tranby, Cynthia Tyson, Thomas Tyson on their own behalf and on behalf of their Combined Nebo Inland Group.
The rights and interests of Telstra Corporation Limited ACN 051 775 556: (a) as the owner or operator of telecommunications facilities installed within the Barada Barna Native Title Area; (b) created pursuant to the Post and Telegraph Act 1901 (Cth), the Telecommunications Act 1975 (Cth), the Australian Telecommunications Corporation Act 1989 (Cth), the Telecommunications Act 1991 (Cth) and the Telecommunications Act 1997 (Cth), including rights: (i) to inspect land; (ii) to install and operate telecommunication facilities; and (iii) to alter, remove, replace, maintain, repair and ensure the proper functioning of its telecommunications facilities; (c) for its employees, agents or contractors to access its telecommunications facilities in and in the vicinity of the Barada Barna Native Title Area in performance of their duties; and (d) under any lease, licence, access agreement or easement relating to its telecommunications facilities in the Barada Barna Native Title Area including in relation to Trustee Lease no 714628684 from Isaac Regional Council as Trustee to Telstra Corporation Limited of Lease A in Lot 24 in SP158749 on SP237600.
The rights and interests of Ergon Energy Corporation (ACN 087 646 062): (a) as the owner and operator of any "works" as that term is defined in the Electricity Act 1994 (Qld) within the Barada Barna Native Title Area; (b) as a distribution entity and the holder of a distribution authority under the Electricity Act 1994 (Qld); (c) created under the Electricity Act 1994 (Qld) and the Government Owned Corporations Act 1993 (Qld) including: (i) rights in relation to any agreement relating to the Barada Barna Native Title Area existing or entered into before the date on which these orders are made; (ii) rights to enter the Barada Barna Native Title Area by its employees, agents or contractors to exercise any of the rights and interests referred to in this paragraph; and (iii) to inspect, maintain and manage any works in the Barada Barna Native Title Area.
The rights and interests of Queensland Electricity Transmission Corporation Limited trading as Powerlink Queensland (ACN 078 849 233): (a) as the owner and operator of works within the meaning of the Electricity Act 1994 (Qld) (Works); (b) as an electricity entity under the Electricity Act 1994 (Qld) including rights to enter and pass through the Barada Barna Native Title Area to access, use, maintain, repair, replace, upgrade or otherwise deal with Works; and (c) under any lease, licence, easement, permit or agreement within the Barada Barna Native Title Area.
The rights and interests of SunWater Limited (ACN 131 034 985) (SunWater) and Eungella Water Pipeline Pty Ltd (ACN 070 999 236) (Eungella Water Pipeline): (a) SunWater in: (i) Lot 18 on SP208194 (Easement in Gross 711426891); and (ii) Lot 23 on SP158749 (Easement in Gross No. 712091365) (b) Eungella Water Pipeline in: (i) Lot 18 on SP208194 (Easement in Gross 703081919); (ii) Lot 23 on GV148 (Easement in Gross No. 712201917 and Easement in Gross 711445437); and (iii) Lot 23 on SP158749 (Easement in Gross No. 703378535, Easement in Gross No. 712091266, and Easement in Gross No. 712091354).
The rights and interests of: (a) Aurizon Network Pty Ltd (ACN 132 181 116) - (i) in relation to rail transport infrastructure under the Transport Infrastructure Act 1994 (Qld); (ii) in relation to the watercourse crossing in the area of Lot 1 on SP 162566. (b) Aurizon Property Pty Ltd (ACN 145 991 724) as trustee of the reserve over Lot 72 on SP 137467; and (c) Aurizon Network Pty Ltd (ACN 132 181 116), Aurizon Property Pty Ltd (ACN 145 991 724) or Aurizon Operations Limited (ACN 124 649 967) under any lease, licence, easement, permit or agreement within the Barada Barna Native Title Area.
The rights and interests of Anglo Coal (Grosvenor) Pty Ltd as holder of: (a) mining lease ML 70378 granted pursuant to the Mineral Resources Act 1989 (Qld); (b) mineral development licence MDL 273 granted pursuant to the Mineral Resources Act 1989 (Qld); (c) mineral development licence MDL 274 granted pursuant to the Mineral Resources Act 1989 (Qld); and (d) exploration permit EPC 552 granted pursuant to the Mineral Resources Act 1989 (Qld).
The rights and interests of Anglo Coal (Grosvenor) Pty Ltd and Exxaro Australia Pty Ltd as joint holders of: (a) exploration permit EPC 548 granted pursuant to the Mineral Resources Act 1989 (Qld); (b) exploration permit EPC 602 granted pursuant to the Mineral Resources Act 1989 (Qld); and (c) mineral development licences MDL 277 and MDL 377 granted pursuant to the Mineral Resources Act 1989 (Qld).
The rights and interests of Moranbah North Coal Pty Ltd as holder of exploration permit EPC 706 granted pursuant to the Mineral Resources Act 1989 (Qld).
The rights and interests of Anglo Coal (German Creek) Pty Ltd, Mitsui German Creek Investment Pty Limited and Jena Pty Ltd as joint holders of mining lease ML 1831 granted pursuant to the Mining Act 1968-1979 (Qld).
The rights and interests of Moranbah North Coal Pty Ltd, NS Moranbah North Pty Ltd, Mitsui Moranbah North Investment Pty Ltd, NS Coal (Moranbah North) Pty Ltd, Jfema Moranbah North Pty Ltd and Kobelco Trading Australia Pty Ltd (formerly Shinsho Moranbah Coal Pty Ltd) as joint holders of mining lease 70108 granted pursuant to the Mineral Resources Act 1989 (Qld).
The rights and interests of Anglo Coal (Grosvenor) Pty Ltd and Exxaro Australia Pty Ltd as the current lessees under Term Lease No.233945 over Lot 23 on Plan GV 148.
The rights and interests of North Queensland Pipeline No.1 Pty Ltd and North Queensland Pipeline No.2 Pty Ltd in: (a) Petroleum Pipeline Licence #89; and (b) Easement in gross 709575803 (on Lot 18 on SP208194).
The rights and interests of: (a) Vale Australia (CQ) Pty Ltd and Nebo Central Coal Pty Ltd as holders of the Exploration Permits for Coal numbered 667, 719, 722, 951, 1036 and 1052; and (b) Vale Coal Exploration Pty Ltd as holder of the Exploration Permits for Coal numbered 858 and 1146.
The rights and interests of: (a) Peabody BB Interests Pty Ltd (ACN 116 402 352) as the holder of an interest in EPC 721, EPC 676, EPC 688 and EPC 850 granted pursuant to the Mineral Resources Act 1989 (Qld); (b) Peabody Coppabella Pty Ltd (ACN 095 976 042) as the holder of an interest in EPC 649, EPC 1199, MDL 494, ML 70161, ML 70163 and ML 70319 granted pursuant to the Mineral Resources Act 1989 (Qld); (c) Peabody West Burton Pty Ltd (ACN 117 316 695) as the holder of an interest in EPC 682 granted pursuant to the Mineral Resources Act 1989 (Qld); (d) Peabody West Walker Pty Ltd (ACN 117 316 739) as the holder of an interest in EPC 657 and EPC 666 granted pursuant to the Mineral Resources Act 1989 (Qld); (e) Peabody Moorvale West Pty Ltd (ACN 117 316 686) as the holder of an interest in MDL 495 granted pursuant to the Mineral Resources Act 1989 (Qld); (f) Millennium Coal Pty Ltd (ACN 089 566 021) as the holder of an interest in MDL 135 and MDL 137 granted pursuant to the Mineral Resources Act 1989 (Qld); (g) Peabody (Burton Coal) Pty Ltd (ACN 077 679 513) as the holder of an interest in ML 70109, ML 70256, ML 70257, ML 70258, ML 70259 and ML 70260 granted pursuant to the Mineral Resources Act 1989 (Qld); and (h) Peabody Energy Australia PCI Rush Pty Ltd (ACN 128 817 461) as the holder of an interest in EPC 1607 granted pursuant to the Mineral Resources Act 1989 (Qld).
The rights and interests of the holder from time to time of mining lease ML 4738 granted under the Mining Act 1968-1975 (Qld) and administered under the Mineral Resources Act 1989 (Qld), and who at the date of this determination is comprised of Queensland Coal Pty Limited (ACN 000 003 921), Nippon Steel & Sumitomo Metal Australia Pty Ltd (ACN 001 445 049), Marubeni Coal Pty Ltd (ACN 009 932 236) and Sumisho Coal Development Queensland Pty Ltd (ACN 082 435 149).
The rights and interests of the holder from time to time of exploration permits for coal EPCs 1635, 1860 and 1981 granted under the Mineral Resources Act 1989 (Qld), and who at the date of this determination is Rio Tinto Exploration Pty Limited (ACN 000 057 125).
The rights and interests of the State of Queensland, Central Highlands Regional Council, Mackay Regional Council and Isaac Regional Council to access, use, operate, maintain and control the dedicated roads in the Barada Barna Native Title Area and the rights and interests of the public to use and access the roads.
The rights and interests of Central Highlands Regional Council, Mackay Regional Council and Isaac Regional Council: (a) under their local government jurisdiction and functions under the Local Government Act 2009 (Qld), under the Land Protection (Pest and Stock Route Management Act 2002 (Qld) and under any other legislation, for that part of the Barada Barna Native Title Area within the area declared to be their respective local government area; (b) as the: (i) lessor under any leases which were validly entered into before the date on which these orders are made and whether separately particularised in these orders or not; (ii) grantor of any licences or other rights and interests which were validly granted before the date on which these orders were made and whether separately particularised in these orders or not; (iii) holder of any estate or interest in land, as trustee of any reserves, that exist in the Barada Barna Native Title Area; (c) as the owner and operator of infrastructure, and those facilities and other improvements located in the Barada Barna Native Title Area validly constructed or established on or before the date on which these orders are made, including but not limited to: (i) undedicated but constructed roads except for those not operated by Council; (ii) water pipelines and water supply infrastructure; (iii) drainage facilities; (iv) watering point facilities; and (v) recreational facilities. (d) to enter the land for the purposes described in paragraphs (a), (b) and (c) above by their employees, agents or contractors to: (i) exercise any of the rights and interests referred to in paragraph 19 above; (ii) inspect, maintain and repair the infrastructure, facilities and other improvements referred to in subparagraph (c) above; and (iii) undertake operational activities in its capacity as a local government such as feral animal control, weed control, erosion control, waste management and fire management.
The rights and interests of the State of Queensland or any other person existing by reason of the force and operation of the laws of the State of Queensland, including those existing by reason of the following legislation or any regulation, statutory instrument, declaration, plan, authority, permit, lease or licence made, granted, issued or entered into under that legislation: (a) the Land Act 1994 (Qld); (b) the Nature Conservation Act 1992 (Qld); (c) the Forestry Act 1959 (Qld); (d) the Water Act 2000 (Qld); (e) the Petroleum Act 1923 (Qld) or Petroleum and Gas Act 2004 (Qld); (f) the Mineral Resources Act 1989 (Qld); (g) the Fisheries Act 1994 (Qld); (h) the Transport Infrastructure Act 1994 (Qld); and (i) the Sustainable Planning Act 2009 (Qld).
The rights and interests of members of the public arising under the common law, including but not limited to any subsisting public right to fish.
So far as confirmed pursuant to s 212(2) of the Native Title Act 1993 (Cth) and s 18 of the Native Title Act (Queensland) Act 1993 (Qld) as at the date of this Determination, any existing public access to, and enjoyment of, the following places in the Barada Barna Native Title Area: (a) waterways; (b) 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 rights and interests: (a) held by the State of Queensland or Commonwealth of Australia; or (b) existing by reason of the force and operation of the Laws of the State and the Commonwealth.

C. Widi #2 Native Title Area The nature and extent of the other interests in relation to the Widi #2 Native Title Area of the Widi #2 Determination Area as they exist as at the date of the determination, are the following:

The rights and interests of the parties under the following registered agreements: (a) the State of Queensland, SunWater Limited (ACN 131 034 985), Les Budby, Frank Budby and Cecil Brown Junior on their own behalf and on behalf of the Barada Barna People, and Graham Sauney, Jim Sauney, Nancy Rhiel, Kathy York, Ken Dodd, BT Sauney, Marie M McLennan, Owen McLennan, Colleen Sauney, Joanne Sauney, Thomas Wallace, Antony Morseu, Brad Sauney, Ross Sauney, Lance Sauney, Ian Whirisky, Nikita Sauney, Samantha White, Justine Sauney, Amanda Sauney and Ronald Watson as parties to the Connors River Dam and Pipelines Project ILUA registered on 5 September 2011 (QI2011/009); and (b) the North Queensland Gas Pipeline Southern Indigenous Land Use Agreement (National Native Title Tribunal number QI2002/049) registered on 15 December 2003 between: (i) Enertrade (NQ) Pipeline No.1 Pty Ltd and Enertrade (NQ) Pipeline No.2 Pty Ltd; (ii) Harriet Tanna, Gibson Gela, Alison Douglas, Celeste Walsh, Les Budby, Norman Brown, Lynnette Brown, Albert Brown, Frank Budby, Nicole Muller and May James, together known as Barada Barna Kabalbara & Yetimarla #4 Registered Native Claimants on their own behalf and on behalf of the Barada, Barna, Kabalbara and Yetimarla #4 Native Title Claim Group; (iii) Tyrone Tiers, Marie McLennan, Colin McLennan, Thomas Brown, James Gaston, Paul Butterworth, Dorothy Hustler together known as Jangga People Registered Native Title Claimants on their own behalf and on behalf of the Jangga People Native Title Claim Group; (iv) Norman Johnson, Eric Blay, Pansy Colonel (Emmerson), Christopher Dunrobin, Effie Collins, Len Watson, Eileen Pegler, Marilyn Duncan, Harry Johnson, Oswald Skeen, Michael Watson together known as Wiri #2 Registered Native Title Claimants on their own behalf and on behalf of the Wiri #2 Native Title Claim Group; and (v) Daisy Carlo, Graham Bell, Les Budby, Ron Dallachy, Graham Sauney, Jim Butterworth, Vivienne Schwartz, Grace Lenoy, Patricia Brimble, Linda Budby, Ian Dodd, Joan Macey, Enoch Tranby, Cynthia Tyson, Thomas Tyson on their own behalf and on behalf of their Combined Nebo Inland Group.
The rights and interests of Telstra Corporation Limited ACN 051 775 556: (a) as the owner or operator of telecommunications facilities installed within the Widi #2 Native Title Area; (b) created pursuant to the Post and Telegraph Act 1901 (Cth), the Telecommunications Act 1975 (Cth), the Australian Telecommunications Corporation Act 1989 (Cth), the Telecommunications Act 1991 (Cth) and the Telecommunications Act 1997 (Cth), including rights: (i) to inspect land; (ii) to install and operate telecommunication facilities; and (iii) to alter, remove, replace, maintain, repair and ensure the proper functioning of its telecommunications facilities; (c) for its employees, agents or contractors to access its telecommunications facilities in and in the vicinity of the Widi #2 Native Title Area in performance of their duties; and (d) under any lease, licence, access agreement or easement relating to its telecommunications facilities in the Widi #2 Native Title Area.
The rights and interests of Ergon Energy Corporation (ACN 087 646 062): (a) as the owner and operator of any "works" as that term is defined in the Electricity Act 1994 (Qld) within the Widi #2 Native Title Area; (b) as a distribution entity and the holder of a distribution authority under the Electricity Act 1994 (Qld); (c) created under the Electricity Act 1994 (Qld) and the Government Owned Corporations Act 1993 (Qld) including: (i) rights in relation to any agreement relating to the Widi #2 Native Title Area existing or entered into before the date on which these orders are made; (ii) rights to enter the Widi #2 Native Title Area by its employees, agents or contractors to exercise any of the rights and interests referred to in this paragraph; and (iii) to inspect, maintain and manage any works in the Widi #2 Native Title Area.
The rights and interests of Queensland Electricity Transmission Corporation Limited trading as Powerlink Queensland (ACN 078 849 233): (a) as the owner and operator of works within the meaning of the Electricity Act 1994 (Qld) (Works); (b) as an electricity entity under the Electricity Act 1994 (Qld) including rights to enter and pass through the Widi #2 Native Title Area to access, use, maintain, repair, replace, upgrade or otherwise deal with Works; and (c) under any lease, licence, easement, permit or agreement within the Widi #2 Native Title Area.
The rights and interests of SunWater Limited (ACN 131 034 985) (SunWater) and Eungella Water Pipeline Pty Ltd (ACN 070 999 236) (Eungella Water Pipeline): (a) SunWater in Lot 2 on SP214117 (Easement in Gross 711550803); and (b) Eungella Water Pipeline in Lot 2 on SP214117 (Easement in Gross 703257016).
The rights and interests of: (a) Aurizon Network Pty Ltd (ACN 132 181 116) in relation to rail transport infrastructure under the Transport Infrastructure Act 1994 (Qld); and (b) Aurizon Network Pty Ltd (ACN 132 181 116), Aurizon Property Pty Ltd (ACN 145 991 724) or Aurizon Operations Limited (ACN 124 649 967) under any lease, licence, easement, permit or agreement within the Widi #2 Native Title Area.
The rights and interests of: (a) Peabody West Burton Pty Ltd (ACN 117 316 695) as the holder of an interest in EPC 682 granted pursuant to the Mineral Resources Act 1989 (Qld); and (b) Peabody Energy Australia PCI Rush Pty Ltd (ACN 128 817 461) as the holder of an interest in EPC 1607 granted pursuant to the Mineral Resources Act 1989 (Qld).
The rights and interests of the holder from time to time of mining lease ML 4738 granted under the Mining Act 1968-1975 (Qld) and administered under the Mineral Resources Act 1989 (Qld), and who at the date of this determination is comprised of Queensland Coal Pty Limited (ACN 000 003 921), Nippon Steel & Sumitomo Metal Australia Pty Ltd (ACN 001 445 049), Marubeni Coal Pty Ltd (ACN 009 932 236) and Sumisho Coal Development Queensland Pty Ltd (ACN 082 435 149).
The rights and interests of the holder from time to time of exploration permits for coal EPCs 1635, 1860 and 1981 granted under the Mineral Resources Act 1989 (Qld), and who at the date of this determination is Rio Tinto Exploration Pty Limited (ACN 000 057 125).
The rights and interests of the State of Queensland and Isaac Regional Council to access, use, operate, maintain and control the dedicated roads in the Widi #2 Native Title Area and the rights and interests of the public to use and access the roads.
The rights and interests of Isaac Regional Council: (a) under its local government jurisdiction and functions under the Local Government Act 2009 (Qld), under the Land Protection (Pest and Stock Route Management) Act 2002 (Qld) and under any other legislation, for that part of the Widi #2 Native Title Area within the area declared to be its respective local government area; (b) as the: (i) lessor under any leases which were validly entered into before the date on which these orders are made and whether separately particularised in these orders or not; (ii) grantor of any licences or other rights and interests which were validly granted before the date on which these orders were made and whether separately particularised in these orders or not; (iii) holder of any estate or interest in land, as trustee of any reserves, that exist in the Widi #2 Native Title Area; (c) as the owner and operator of infrastructure, and those facilities and other improvements located in the Widi #2 Native Title Area validly constructed or established on or before the date on which these orders are made, including but not limited to: (i) undedicated but constructed roads except for those not operated by Council; (ii) water pipelines and water supply infrastructure; (iii) drainage facilities; (iv) watering point facilities; and (v) recreational facilities. (d) to enter the land for the purposes described in paragraphs (a), (b) and (c) above by their employees, agents or contractors to: (i) exercise any of the rights and interests referred to in paragraph 19 above; (ii) inspect, maintain and repair the infrastructure, facilities and other improvements referred to in subparagraph (c) above; and (iii) undertake operational activities in its capacity as a local government such as feral animal control, weed control, erosion control, waste management and fire management.
The rights and interests of the State of Queensland or any other person existing by reason of the force and operation of the laws of the State of Queensland, including those existing by reason of the following legislation or any regulation, statutory instrument, declaration, plan, authority, permit, lease or licence made, granted, issued or entered into under that legislation: (a) the Land Act 1994 (Qld); (b) the Nature Conservation Act 1992 (Qld); (c) the Forestry Act 1959 (Qld); (d) the Water Act 2000 (Qld); (e) the Petroleum Act 1923 (Qld) or Petroleum and Gas Act 2004 (Qld); (f) the Mineral Resources Act 1989 (Qld); (g) the Fisheries Act 1994 (Qld); (h) the Transport Infrastructure Act 1994 (Qld); and (i) the Sustainable Planning Act 2009 (Qld).
The rights and interests of members of the public arising under the common law, including but not limited to any subsisting public right to fish.
So far as confirmed pursuant to s 212(2) of the Native Title Act 1993 (Cth) and s 18 of the Native Title Act (Queensland) Act 1993 (Qld) as at the date of this Determination, any existing public access to, and enjoyment of, the following places in the Widi #2 Native Title Area: (a) waterways; (b) 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 rights and interests: (a) held by the State of Queensland or Commonwealth of Australia; or (b) existing by reason of the force and operation of the Laws of the State and the Commonwealth.

DOWSETT J: 1 These proceedings arise out of two applications for determinations that native title exists over a total area of 17,212 square kilometres. The relevant area lies between the Denham and Peak Ranges to the west and the Connors and Broadsound Ranges to the east. The southern boundary, for much of its length follows Lotus Creek and the Connors River until it joins the Isaac River. The applications are brought on behalf of the Barada Barna People and the Widi People. There is no real doubt that the Barada Barna People are the traditional owners of most of the area in question. However there has been a dispute as to the northern boundary of the Barada Barna country where it meets the southern boundary of Widi country. The dispute has now been resolved, and today, the Barada Barna People's traditional ownership will be recognized as will be the boundary between the Barada Barna and Widi lands. 2 Much anthropological work has been done in seeking to identify the traditional owners of this area. The bases for distinguishing between Barada People, Barna People and Widi People are somewhat elusive, save that there is substantial agreement as to their interests in the area with which we are concerned. The evidence suggests that prior to European contact, the Barada People traditionally occupied the south eastern part of the area, whilst the Barna People were further to the west. The Widi People were in the north. The evidence also suggests that these groups were part of a larger society occupying the upper reaches of the Fitzroy River catchment area and having ongoing association with other groups in downstream areas. Mr Leo sees the groups as being part of the Birri Gubba Nation, the lands of which stretched from the present location of Townsville in the north to that of Marlborough in the south, and inland to the Great Dividing Range. Many families claim special connection with identified locations within the claim area. 3 Prior to 1845 there had been contact between coastal indigenous people and mariners. However the first European contact in the Barada Barna and Widi lands appears to have occurred in 1845 when Leichhardt passed through on the way to Port Essington. He spent a considerable period of time here. Mr Leo notes that in traversing the region, Leichhardt and his party recorded their observations of indigenous people and their foodstuffs, implements, weapons, adornments and behaviour. They also observed "well beaten paths", axe marks in trees, freshwater wells, fish traps, middens and camps. 4 Leichhardt was followed by the explorers, Thomas Mitchell and Augustus Gregory and then the squatters. Mr Leo opines that: Initial European settlement was driven by three forces. The primary force was pastoralism, which blanketed the Region with hundreds of dispersed sheep and cattle stations less than a year after Queensland's pastoral districts came into existence on the first day of 1861. Almost simultaneous with this was mining, although this second force was confined to only a few select, small areas across the Region. Nonetheless, almost overnight it created a handful of large inland townships, although most were short lived. It also provided the stimulus for creating many of the Region's main roads, along which inns and then some small communities arose, such as Nebo. 5 There was conflict between the Aboriginal inhabitants of the region and the Europeans who came in increasing numbers. By the late 1860s the pastoralists had begun to employ cheap Aboriginal labour. By 1886 well over half the employees working on northern cattle stations were Aboriginal. This allowed the Barada Barna and Widi Peoples to maintain connection to their country. 6 Many Widi and Barada Barna People have sworn affidavits for use in these matters. They set out the claimants' relationships with their respective areas and their traditional laws and customs as practised before and around the time of sovereignty. The affidavits also establish that the Barada Barna and the Widi Peoples have continued, until the present time, to hold and exercise their native title in accordance with those traditional laws and customs. The affidavits say much about the close relationships within each claim group and between the Barada Barna and Widi groups. They also say much about traditional laws and customs. Particularly moving are the accounts of government removal of people from traditional communities. Clearly, even now, many years after those events, the present generations continue to feel the pain. 7 Concerning the Barada Barna People, Mr Leslie Charles Budby said at paras 8-10 of his statement: 8. I estimate that there are now about 500 Barada Barna people. There are a number of families in the Group. Only a small proportion actually live on Barada Barna country as it now comprises mostly mines and pastoral leases meaning that there are very few places where it is possible for Barada Barna people to live. In addition most of the Barna people were slaughtered in a number of massacres in the 1800's and their numbers have not recovered. I retained a close association with some of them and visited many of their people when I was young, these included the Lotus's and Ifflies. The only Barna person I am aware of who is now still alive is Sean Lotus I used to visit his mother on a regular basis with my mother and grandmother. We would visit them in Clermont and they would come and visit us at Nebo or Mackay. We used to always meet at Nebo Creek on the Rodeo weekend. Many Barada children and families were forcibly removed from their country, often to Cherbourg in particular, but some continued to live in nearby population centres when they were allowed to make that choice and others have reconnected with the wider group as they have learned about their heritage. 9. The Barada Barna group is not reluctant to accept people who have the right bloodline, even if they have been away from the area and not kept in contact with the group for a long time. We understand that some families were less lucky than others but, as long as a person with the right ancestors is willing to learn to fit in with other Barada Barna people, that person will be treated with the respect and be permitted to enjoy the rights of a Barada Barna person. 10. By being a Barada Barna person, you inherit rights in relation to Barada Barna country. These rights are held equally by and shared with all Barada Barna people and can only be passed on to the next generation of Barada Barna people. All Barna people have rights to the whole of the Barada Barna country - people or families do not have their own areas, nor do people with Barada or Barna backgrounds. It is all shared. This is the way I have been taught that it has always been and always will be. 8 At para 35(a), he said concerning Lake Elphinstone: ... Lake Elphinstone is in the northern part of Barada Barna country. It is an area where there are good open areas for camping and natural food and water is available. It is a place where other Aboriginal groups from nearby came and met with the Barada Barna for ceremonies. In a number of places near Lake Elphinstone (and in the area where Maggie Barker was brought up) there are caves with rock art in the form of hand stencils. These were shown to me by my Uncle Eric. Uncle Eric's told me that his grandmother, Maggie Barker, had shown this art to him and told him that these were places that are special to us because our people used to camp there. As Barada Barna people it is our responsibility to show respect to our ancestors by looking after these places. ... I do not normally tell people (other than trusted Barada Barna people) exactly where these art works are as I have seen similar art works vandalised and disrespected when the location becomes known and curious sightseers visit. I was taught that Lake Elphinstone was a place in Barada Barna country where other groups from over the ranges such as Jangga and Wiri people would gather and meet for ceremonies. In addition the banks of the lake were a place where Barada Barna people had regularly camped for as long as anyone could remember. My grandmother and Uncle Frank Budby (non biological) related to me the story about "'Nebo Les". He was my cousin biologically but who, because he is older than me, I referred to as Uncle. I was told that as a baby camping with his family at Lake Elphinstone Uncle Nebo Les was playing on the banks of the lake when an eagle swooped down and grabbed him and tried to carry him away. The other children grabbed him by the ankles and kept him on the ground. ... I have often camped at Lake Elphinstone, I can remember going there when I was eight years old and was taken there by my mother and grandmother. My grandfather and uncles were also there. We often used to travel from Collinsville to Nebo and this was a natural stop, as it had been for our people for as long as anyone can remember. We always camped in the same place. I have taken my children and camped there on many occasions and still do so. It is still a stopping point for our people when travelling in this area. This is a place enjoyed by our people now and in the past. It is open to all Barada Barna People as it always has been open to them to enjoy this area because these are places on our country. 9 Mrs Eileen Pegler said, concerning the Widi country at paras 56-60 of her statement: 56. My mother told me that when she was living at Nebo that she worked on stations close to Nebo. Some of the places that she spoke about are Burton Downs, Oxford Downs, Cerito and Funnell Creek. She told me that she walked to those places or travelled on a horse. 57. I do not know a lot about Widi country because we lived in different parts of Queensland so my father could work. However, I do know about the following places: a. Nebo - is a very important place as this is the place where my mother was born, lived and worked. The creek bed where my mother was born is a very special place and it should never be disturbed. It is important to all the Widi people. They have their connection there like I have. b. Lake Elphinstone - is very big lake north west of Nebo. When I first went up to Lake Elphinstone I went with Mr Sauney and other Widi people mostly men and a few women, me, Patricia Brimble and maybe Marilyn Duncan I think. We hired a mini bus to carry all of us together. I felt a real spiritual connection to the Lake and surroundings. I got goose bumps and felt really good being there. When we first arrived, Mr Sauney said something in language. I believe he was talking to our ancestors. I know there is art work there near the road way that runs past the Lake. The second day of our visit to the Lake we went on our bus and stopped near the art site. The Widi men on the bus with us got out to look at the art. I did not feel comfortable going to look at the art work so I stayed on the bus. I did not yet feel I had permission to go to a place like that. I am guided in these feelings by my mother and father. My mother told me that I should not go to a place that I am not familiar with or if I feel uncomfortable. I do know that Lake Elphinstone is a sacred place and it should never be damaged. My restraint at that time was a personal feeling and I know I cannot act against it. If I did I would be in danger. I belong to that country, that is why I have strong feelings about where I can and cannot go. The caves and the art site are places that I cannot go. 58. I have told my kids and some of my grandchildren who are old enough to understand about those places. I can take them there but it is up to them if they want to go onto those sites. They will know, inside, if it is OK for them to go onto those sites or not. 59. If I could, I would go back to Nebo and live. My mother was born there and because of that, me and my children and their children have a special connection to Nebo. No one can stop me going to live on Nebo because this is my mother's birthing place, her country and my country. 60. I was born in Beaudesert. That does not make Beaudesert my country. It is my birthplace but not my country. Nebo is my country, my mother's country and my mother's birthplace. 10 Hence it can be seen that Lake Elphinstone is a place of importance to the Widi People and to the Barada Barna People. 11 On behalf of the Barada Barna People, Les Budby and Cecil Brown Jnr comprise the Applicant in QUD 380 of 2008. Part 1 of Schedule 3 of the proposed orders identifies the Barada Barna People as all of the descendants of the following people: Bob Lotus; Lizzy Payne; Daisy (wife of Booyah McDonald); Maggie (wife of Toby Barker, Peter Darwin and Michael Angus); "Polly" Mary (wife of Robert Noble and Bert Fox), Lizzie (wife of Paddy Flynn); Polly (wife of Thomas Mitchell); Lucy Ross; Laura (wife of Duke/George Barker, Neddy/Teddy Sauney and Adam Bowen) and Charles Budby (father of George "Saltbush" Budby). 12 On behalf of the Widi People, Paul Royce Butterworth, Marilyn Joyce Duncan, Athol Noel Goltz, Lorraine Joyce McLennan, Eileen Beryl Pegler, Kenneth Stewart Peters, Graham Ian Sauney, Oswald Alfred Skeen, Linda Wailu and Ronald Jock Watson comprise the Applicant in QUD 492 of 2013. Part 2 of Schedule 3 of the proposed orders identifies the Widi People as the biological or adopted descendants of one or more of the following people: Jean White, mother of Albert Butterworth; Mr Clark ("of Sutton Station") & Jinny ("of Stockton Station"), whose known children are Charlie Clark and Dick Clark; Jinny ("of Stockton Station"), whose known child (with Mr Watson) is Charlie Watson; Siblings Tommy Emmerson/Iffley and Arthur Emmerson; Roger ("of Nebo district"), whose known child is Emily Rogers; Neddy Thorney, whose known child is Sarah Mate Mate nee Thorney/Sauney; Sophie ("of Nebo"), whose known children are Jack Skeen, William Skeen, Norman Skeen, Elsie Skeen and Mary Skeen; Dick ("of Nebo"), whose known child is Sam Murray; Billy ("of Nebo") & Molly ("of Oxford Downs Station"), whose known children are Jessie and Billy Sullivan; Harry Monsell Snr ("of Lake Elphinstone") whose known children are Lily Sullivan, Flora Doyle and Harry Monsell Jnr; King ("of Fort Cooper") and Meg ("of Fort Cooper"), whose known children are Johnny, Mick, Mitchell Dalton, Paddy Emma and Annie; Ida, whose known child is Rene Hess ("from Nebo"); or Maggie, whose known children are Norman Brown Snr, George "Duke" Barker and Ina Darwin. 13 The present respondents in these proceedings are the State of Queensland, Central Highlands, Isaac and Mackay Regional Councils, Ergon Energy, Telstra Corporation and SunWater, and a number of mining companies and pastoralists. The two applications have been administratively combined so that all questions in dispute between the Barada Barna and Widi Peoples may be resolved at the one time. I attach as Schedule 1 to these reasons a list of the expert anthropological and genealogical reports which have been filed in these proceedings and upon which the Applicants rely. 14 There are to be three determinations. One will be in favour of the Barada Barna People and will relate to the greater part of the area under consideration. One will be in favour of the Widi People in connection with a number of small parcels in the boundary region. The third will be in favour of the Barada Barna and Widi Peoples, concerning a shared area which is described in the supplementary report of Dr Jones at para 42 as: From east to west this boundary runs approximately 80 kilometres from the south of Nebo to the Burton Downs area east of the Denham Range. The width of the zone is much shorter, running north to south yet with the Denham Range remaining to its north. The zone incorporates Lake Elphinstone, Kemmis Creek, and Burton Downs. 15 There is nothing surprising about there being shared traditional ownership in an area in which the traditional lands of different groups meet. Traditional territorial delineation is frequently imprecise. Inter-marriage and relocation both tend to blur distinctions, as has the impact of European civilization. The anthropologists agree that the sharing of native title rights between the two claim groups is consistent with the traditional laws and customs shared by both groups. 16 The affidavits demonstrate that the Barada Barna and Widi Peoples continue to observe traditional laws and customs through the exercise of the rights which they seek to have recognized. These are the right to: access, be present on, move about on and travel over the area; camp, and live temporarily on the area as part of camping, and for that purpose build temporary shelters; hunt, fish and gather on the land and waters of the area for personal, domestic and non-commercial communal purposes; take, use, share and exchange natural resources from the land and waters of the area for personal, domestic and non-commercial communal purposes; take and use the water of the area for personal, domestic and non-commercial communal purposes; conduct ceremonies on the area; be buried and bury native title holders within the area; maintain places of importance and areas of significance to the native title holders under their traditional laws and customs and protect those places and areas from physical harm; teach on the area the physical and spiritual attributes of the area; hold meetings on the area; and light fires on the area for domestic purposes including cooking, but not for the purpose of hunting or clearing vegetation. 17 Section 87 of the Native Title Act 1993 (Cth) (the "Native Title Act") authorizes the Court, in certain circumstances, to decide that Native Title exists, without conducting a full hearing. Broadly speaking, the Court may proceed in that way where all of the parties agree, and the Court considers it appropriate to do so. On 14 April 2016, a s 87 agreement was filed. 18 The proposed determination recognizes the existence of non-exclusive native title over the land and waters described in Schedule 1A Part 2. The Barada Barna People and the Widi People hold native title over that part of the claim area described as the Shared Country in Schedule 1A, Part 2, Table 1. The Barada Barna People hold non-exclusive native title over that part of the claim area described in Part 1A, Part 2, Table 2. The Widi People hold non-exclusive native title over that part of the claim area described in Part 1A, Part 2, Table 3. 19 Paragraphs 4 and 5 of the proposed orders provide for the discontinuance of the Barada Barna application as it applies to certain parcels of land which lie in the area covered by the application but outside of the shared area. It is accepted that native title over those areas has been extinguished. 20 The native title is to be held in trust. In the case of the Barada Barna country, the Barada Barna Aboriginal Corporation (ICN 8343) is to be the trustee and the prescribed body corporate for the purposes of ss 56(1) of the Act. It is also to perform the functions set out in the Native Title (Prescribed Bodies Corporate) Regulations 1999. In the case of the Widi country the Gangali Narra Widi Aboriginal Corporation (ICN 8363) is to be the trustee and the prescribed body corporate for the purposes of ss 56(1) of the Act. It is also to perform the functions set out in the Native Title (Prescribed Bodies Corporate) Regulations 1999. 21 Section 94A of the Act requires that a determination of native title set out details of the matters mentioned in s 225 of the Native Title Act. That section must be read together with s 223 of the Native Title Act. I am satisfied that the proposed orders address each of the relevant matters. Finally, I am satisfied that the orders are appropriate and in accordance with s 87 of the Native Title Act. I therefore make orders in terms of the three drafts, which drafts I initial and place with the papers. 22 The resolution of these matters has taken much time and effort. Since European settlement, the Barada Barna and Widi Peoples have suffered the pain and indignity of being displaced from their traditional homelands. That they have survived as a recognizable society, with ongoing connection to their traditional lands, says much about their individual and collective strength and resilience. 23 Native title rights and interests are the product of traditional laws and customs which have been observed and practised over the generations. Those rights and interests are now recognized and protected under the Native Title Act. I have not come here today to give anything to the Barada Barna and the Widi Peoples. Rather, I have come to recognize, on behalf of all Australians, that they are the traditional owners of this land pursuant to traditional laws and customs which have their roots in ancient times. I now recognize that traditional ownership. In so doing, I bind all people for all time, including the Commonwealth of Australia, the State of Queensland, the local councils and the other parties to these proceedings. On behalf of your fellow Australians and, in particular, on behalf of the Judges of this Court and our staff, I congratulate you, the Barada Barna and the Widi Peoples upon the recognition which you have achieved today. We wish you well for the future, a future in which we will all share. I certify that the preceding twenty-three (23) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Dowsett.

SCHEDULE 1 "Preliminary Anthropological Report" of Karen L McFadden and Dr Paul P Gorecki, September 2008 (filed with Form 1); Further expert report of Dr Paul Gorecki, dated 4 June 2015, filed 5 June 2015; "Barada Barna Native Title Connection Report", Dr Charmaine Jones, filed 27 March 2014; Further report of Dr Charmaine Jones filed 5 June 2015; "Response to Anthropological Questions raised by the Queensland State in relation to the Barada Barna People and Widi People of the Nebo Estate #2 native title claims" Dr Charmaine Jones, filed 23 September 2015; "Review of Genealogical Data" Barada Barna, Hilda Maclean filed 27 March 2014; "Joint Account Leo-Jones Informal Experts Conference" filed 25 September 2015; Expert report of Dr Lee Sackett filed 1 February 2012; Expert report of Tony Jefferies filed 5 June 2015; Preliminary anthropological report of Mr Daniel Leo (July 2013) - Attachment F to the Widi #2 Form 1; and Native Title expert report about the "Widi People of the Nebo Estate, Birri Gubba Regional Society, Central Queensland", report of Mr Daniel Leo filed 5 June 2015.

SCHEDULE A QUD 380 of 2008

Group 1 Respondents CENTRAL HIGHLANDS REGIONAL COUNCIL ISAAC REGIONAL COUNCIL MACKAY REGIONAL COUNCIL Group 2 Respondents ERGON ENERGY CORPORATION LIMITED TELSTRA CORPORATION LIMITED Group 3(a) Respondents MARUBENI COAL PTY LTD NIPPON STEEL & SUMITOMO METAL AUSTRALIA PTY LTD (formerly known as Nippon Steel Australia Pty Limited) QUEENSLAND COAL PTY LIMITED RIO TINTO EXPLORATION PTY LTD SCENTRE LIMITED (formerly known as Westfield Ltd) SUMISHO COAL DEVELOPMENT QUEENSLAND PTY LTD Group 3(b) Respondents ANGLO COAL (GERMAN CREEK) PTY LTD ANGLO COAL (GROSVENOR) PTY LTD CAPCOAL MINE JOINT VENTURERS MORANBAH NORTH COAL PTY LTD MORANBAH NORTH MINE JOINT VENTURERS Group 3(c) Respondents BOWEN CENTRAL COAL PTY LTD NEBO CENTRAL COAL PTY LTD VALE AUSTRALIA (CQ) PTY LTD VALE AUSTRALIA (IP) PTY LTD VALE COAL EXPLORATION PTY LTD Group 3(d) Respondents EXXARO AUSTRALIA PTY LTD Group 3(e) Respondents OLDFIELD EXPLORATION PTY LIMITED Group 3(f) Respondents NORTH QUEENSLAND PIPELINE NO 1 PTY LTD NORTH QUEENSLAND PIPELINE NO 2 PTY LTD Group 4 Respondents JOHN THOMAS BAKER MARNIE LOUISE BAKER ANTHONY JOHN BELLA EDWARD MARTIN BELLA MARTIN JOSEPH BELLA PETER ANDREW BELLA REGENA FRANCES BELLA ROBERT JAMES BELLA STEPHEN EDWARD BELLA ROBERT JOHN BORG LAWRENCE PAUL DANASTAS MARION CARMEL DANASTAS KATHRYN HEAD THOMPSON HEAD PETER MALCOLM HUGHES RAYE MARILYN O'SULLIVAN ROBERT ALAN O'SULLIVAN KIM FRANCES WILLOUGHBY

(Cth), the Telecommunications Act 1975(Cth)

(Cth), the Australian Telecommunications Corporation Act 1989(Cth)

(Cth), the Telecommunications Act 1991(Cth)

Land Protection (Pest and Stock Route Management Act 2002(Qld)

Petroleum and Gas Act 2004(Qld)

Sustainable Planning Act 2009(Qld)

(Queensland) Act 1993(Qld)

Land Protection (Pest and Stock Route Management) Act 2002(Qld)

Budby on behalf of the Barada Barna People v State of Queensland

At a glance

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Judgment (62 paragraphs)

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