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[2018] FCA 1993
Federal Court of Australia
2018-12-14
Mr P, White J
Original judgment source is linked above.
Number of paragraphs: 44
Counsel for the Adnyamathanha Applicants: Mr G Harbord with Mr R Bradshaw
Solicitor for the Adnyamathanha Applicants: Johnston Withers
Counsel for the Ngadjuri Applicants: Mr A Beckworth
Solicitor for the Ngadjuri Applicants: South Australian Native Title Services
Counsel for the Wilyakali Applicants: Ms B Lena
Solicitor for the Wilyakali Applicants: South Australian Native Title Services
Counsel for the for the State of South Australia: Mr P Tonkin
Solicitor for the State of South Australia: Crown Solicitor for the State of South Australia
Counsel for the Pastoralists, Apiarists and Local Government interests: Mr T Mellor with Ms C Divakaran
Solicitor for the Pastoralists, Apiarists and Local Government interests: Mellor Olsson
Counsel for Boss Uranium and Epic Energy: Mr E Vickery
Solicitor for Boss Uranium and Epic Energy: Minter Ellison
Counsel for the Kalkaroo Pastoral Co: Ms A Steed
Solicitor for the Kalkaroo Pastoral Co: Steed Lawyers
Counsel for the remaining parties: The remaining parties were excused from appearing
BETWEEN: VINCENT COULTHARD AND OTHERS NAMED IN THE SCHEDULE (Adnyamathanha No 1 Native Title Claim (SAD6001/1998)) First Applicant
VINCENT BRANSON AND OTHERS NAMED IN THE SCHEDULE (Ngadjuri Native Title Claim (SAD147/2010)) Second Applicant
BEVERLEY BATES AND OTHERS NAMED IN THE SCHEDULE (Wilyakali No 2 Native Title Claim (SAD417/2015)) Third Applicant
AND: STATE OF SOUTH AUSTRALIA AND OTHERS NAMED IN THE SCHEDULE Respondent
JUDGE: WHITE J DATE OF ORDER: 14 DECEMBER 2018
A. This determination covers the whole area of the Adnyamathanha, Ngadjuri and Wilyakali Overlap Claim (SAD 6001 of 1998) which is a combination of the remaining undetermined Adnyamathanha No 1 Native Title Determination Application (SAD 6001 of 1998) (Adnyamathanha No 1 claim), the whole of the Ngadjuri Nation Native Title Determination Application (SAD 147 of 2010) (Ngadjuri claim) and the whole of the Wilyakali No 2 Native Title Determination Application (SAD 417 of 2015) (Wilyakali No 2 claim). The determination area is described in Schedule 1 of this determination. B. The Parties have now reached agreement as to the terms of a determination of native title to be made in relation to the Determination Area. They have signed this agreement in writing which will be filed with this Court pursuant to section 87(1) of the Native Title Act 1993 (Cth) to seek the making of consent orders for a determination. C. The Parties acknowledge that the effect of the making of this determination will be that the three native title claimant groups in combination will be recognised as the native title holders for the Native Title Land as defined at paragraph 3 of this Order with the determination area split into three areas as follows: (a) a combination of the Adnyamathanha people and the Ngadjuri people will be recognised as the native title holders for the West area of the Determination Area; (b) a combination of all three peoples will be recognised as the native title holders for the Central area of the Determination Area; and (c) a combination of the Adnyamathanha people and the Wilyakali people will be recognised as the native title holders for East area of the Determination Area. D. The Parties agree that the effect of the determination is not to increase the burdens on other interest holders and third parties (including future interest holders and third parties) in the Determination Area by reason of the fact that the native title holding group is a combination of three groups and, for this reason, there will be a single Registered Native Title Body Corporate with single processes for future acts or Aboriginal heritage purposes. In addition, the terms agreed in Order 17 are to ensure that all necessary existing Native Title Mining Agreements relating to the Determination Area remain in force with the Registered Native Title Body Corporate taking the place of the native title party in each. E. The Parties have reached agreement as to the extinguishing effect of the various tenures granted in the Determination Area for the purposes of the making of consent orders. The Parties agree that native title is extinguished over those parcels set out in Schedule 3 to these Orders. F. The Parties have requested that the Court make a determination over the Determination Area without a trial.
BY CONSENT THE COURT MAKES THE FOLLOWING DETERMINATION OF NATIVE TITLE PURSUANT TO SECTION 87 OF THE NATIVE TITLE ACT:
Other rights and interests and Relationship with Native Title
SCHEDULE 1 - DESCRIPTION AND MAPS OF THE DETERMINATION AREA Schedule 1, Determination Area Comprises the following areas: Part 1: West Area [Adnyamathanha / Ngadjuri] Part 2: Central Area [Adnyamathanha / Ngadjuri / Wilyakali] Part 3: East Area [Adnyamathanha / Wilyakali] External Boundary Description Commencing at Longitude 138.602767 East, Latitude 32.736300 South (west of the Town of Orroroo), then generally northerly passing in straight lines through the following coordinate points:- Longitude East Latitude South 138.606084 32.722854 138.617221 32.692713 138.618012 32.676753 138.615067 32.661502 138.607519 32.632771 138.605832 32.622485 138.600809 32.614163 138.597909 32.609359 138.590416 32.602262 138.585818 32.590201 138.587458 32.581690 138.585760 32.566794 138.582393 32.549414 138.575646 32.508270 138.563515 32.472799 138.557664 32.458255 138.548834 32.414627 138.549620 32.396540 138.557852 32.367108 138.566088 32.339449 138.575596 32.321721 138.608716 32.280596 138.623991 32.244429 138.621437 32.219600 138.617665 32.205767 138.613052 32.187677 138.609718 32.183065 138.587661 32.164257 138.547271 32.121679 138.527273 32.095779 138.525168 32.084429 138.516462 32.070776
[being along a portion of the eastern portion of the Nukunu Native Title Claim external boundary]. Then easterly in a straight line to the south-west corner of Allotment 50 in Filed Plan 251955, Three Creeks Pastoral Lease (PE2324); generally easterly along the southern boundary of Allotment 50; generally south-easterly and generally northerly along the southern and eastern boundaries of Allotment 700 in Filed Plan 251677, Holowilena South Pastoral Lease (PE2260A) to the south-east corner of Allotment 500 in Filed Plan 251778, Holowilena Pastoral Lease (PE2260) [being along a southern and eastern portion of Adnyamathanha No 1 - Stage 2 Native Title Determination Area external boundary]. Then generally northerly along the eastern boundary of Allotment 500; generally north-easterly along the south-eastern boundary of Block 849, OH(Parachilna), Bibliando Pastoral Lease (PE2262) to the south-west corner of Block 1218, OH(Parachilna), Glen Warwick Pastoral Lease (PE2307A) [being along a south-eastern portion of Adnyamathanha People No. 1 (Stage 1) Native Title Determination Area external boundary]. Then generally north-easterly along the southern boundary of Block 1218; southerly along a portion of the eastern boundary of Allotment 403 in Deposited Plan 42207, Curnamona Pastoral Lease (PE2326); generally easterly along the southern boundary of Allotment 403; south-easterly along a portion of the southern boundary of Block 910, OH(Curnamona), Glenorchy Pastoral Lease (PE2205) to its intersection with Longitude 139.719547 East [being a point on the northern portion of Ngadjuri Nation Native Title Claim external boundary and the western portion of Native Title Claim Wilyakali #2 external boundary]; generally north-easterly passing in straight lines through the following coordinate points:- Longitude East Latitude South 139.833014 31.824022 140.139892 31.495675
and north-easterly to an eastern corner of Adnyamathanha No 1 - Stage 2 Native Title Determination Area at Longitude 140.574604 East, Latitude 31.337067 South [being along a southern and south-eastern portion of Adnyamathanha No 1 - Stage 2 Native Title Determination Area external boundary]. Then south-easterly in a straight line toward the point defined as Longitude 140.633846 East, Latitude 31.514914 South until it intersects Latitude 31.476883 South [being along a portion of the western portion of Native Title Claim Malyankapa Peoples external boundary]. Then generally south-easterly and generally south-westerly in straight lines passing through the following coordinate points:- Longitude East Latitude South 140.633846 31.514914 140.662150 31.593447 140.704037 31.721444 140.752229 31.859829 140.781565 32.000311 140.783661 32.056922 140.766900 32.090470
and south-westerly in a straight line to the intersection of the southern boundary of the Barrier Highway road corridor with Longitude 140.761034 East (near the intersection of the Barrier Highway with Wompinie Road, east of the Town of Mingary); generally south-westerly along the southern boundary of the Barrier Highway road corridor to its intersection with the production southerly of the eastern boundary of Block 651, OH(Olary), Abminga Pastoral Lease (PE2273) (east of the Town of Olary) [being a point on the southern portion of Ngadjuri Nation Native Title Claim external boundary and the southern portion of Native Title Claim Wilyakali #2 external boundary]; south-westerly along the southern boundary of the Barrier Highway road corridor to its intersection with Longitude 140.361215 East (east of the Town of Olary) [being along a portion of the western portion of Native Title Claim Wilyakali external boundary]. Then generally south-westerly along the southern boundary of the Barrier Highway road corridor to its intersection with the centreline of Yunta Creek at approximately Longitude 139.572680° East (east of the Town of Yunta) [being along a portion of the western portion of Native Title Claim Wilyakali external boundary and a portion of the northern portion of Native Title Claim Ngadjuri Nation #2 external boundary]. Then south-westerly along the southern boundary of the Barrier Highway road corridor to its intersection with Longitude 139.568233 East (east of the Town of Yunta) [being a point on the southern portion of Ngadjuri Nation Native Title Claim external boundary and the southern portion of Native Title Claim Wilyakali #2 external boundary]; generally south-westerly and generally westerly passing in straight lines through the following coordinate points:- Longitude East Latitude South 139.476249 32.618871 139.377774 32.658711 139.245777 32.692260 139.115874 32.717423 138.992257 32.732101 138.868639 32.736296 138.734545 32.736297 138.636070 32.738395 138.618260 32.736300
and in straight line to the point of commencement [being along a portion of the northern portion of Native Title Claim Ngadjuri Nation #2 external boundary]. Part 1: West Area [Adnyamathanha people / Ngadjuri people] External Boundary Description Commencing at Longitude 138.602767 East, Latitude 32.736300 South (west of the Town of Orroroo), then generally northerly passing in straight lines through the following coordinate points:- Longitude East Latitude South 138.606084 32.722854 138.617221 32.692713 138.618012 32.676753 138.615067 32.661502 138.607519 32.632771 138.605832 32.622485 138.600809 32.614163 138.597909 32.609359 138.590416 32.602262 138.585818 32.590201 138.587458 32.581690 138.585760 32.566794 138.582393 32.549414 138.575646 32.508270 138.563515 32.472799 138.557664 32.458255 138.548834 32.414627 138.549620 32.396540 138.557852 32.367108 138.566088 32.339449 138.575596 32.321721 138.608716 32.280596 138.623991 32.244429 138.621437 32.219600 138.617665 32.205767 138.613052 32.187677 138.609718 32.183065 138.587661 32.164257 138.547271 32.121679 138.527273 32.095779 138.525168 32.084429 138.516462 32.070776
[being along a portion of the eastern portion of the Nukunu Native Title Claim external boundary]. Then easterly in a straight line to the south-west corner of Allotment 50 in Filed Plan 251955, Three Creeks Pastoral Lease (PE2324); generally easterly along the southern boundary of Allotment 50; generally south-easterly and generally northerly along the southern and eastern boundaries of Allotment 700 in Filed Plan 251677, Holowilena South Pastoral Lease (PE2260A) to the south-east corner of Allotment 500 in Filed Plan 251778, Holowilena Pastoral Lease (PE2260) [being along a southern and eastern portion of Adnyamathanha No 1 - Stage 2 Native Title Determination Area external boundary]. Then generally northerly along the eastern boundary of Allotment 500; generally north-easterly along the south-eastern boundary of Block 849, OH(Parachilna), Bibliando Pastoral Lease (PE2262) to the south-west corner of Block 1218, OH(Parachilna), Glen Warwick Pastoral Lease (PE2307A) [being along a south-eastern portion of Adnyamathanha People No. 1 (Stage 1) Native Title Determination Area external boundary]. Then generally north-easterly along the southern boundary of Block 1218; southerly along a portion of the eastern boundary of Allotment 403 in Deposited Plan 42207, Curnamona Pastoral Lease (PE2326); generally easterly along the southern boundary of Allotment 403; south-easterly along a portion of the southern boundary of Block 910, OH(Curnamona), Glenorchy Pastoral Lease (PE2205) to its intersection with Longitude 139.719547 East [being along a southern portion of Adnyamathanha No 1 - Stage 2 Native Title Determination Area external boundary]. Then south-westerly in a straight line to the south-west corner of Block 929, OH(Olary), Tin Hut Pastoral Lease (PE2376); south-westerly in a straight line to an eastern corner of Section 1012, OH(Orroroo) at Latitude 32.270269 South; south-westerly in a straight line to the north-east corner of Section 302, Hundred of Waroonee; southerly in a straight line to the intersection of the southern boundary of Section 278, Hundred of Waroonee with Longitude 139.346575 East; southerly in a straight line to the south corner of Section 267, Hundred of Waroonee; generally south-easterly passing in straight lines through the following coordinate points:- Longitude East Latitude South 139.376731 32.536398 139.420760 32.570485 139.491775 32.586108
and easterly in straight line to the intersection of the southern boundary of the Barrier Highway road corridor with Longitude 139.568233 East (east of the Town of Yunta) [being along a portion of the western portion of Native Title Claim Wilyakali #2 external boundary]. Then generally south-westerly and generally westerly passing in straight lines through the following coordinate points:- Longitude East Latitude South 139.476249 32.618871 139.377774 32.658711 139.245777 32.692260 139.115874 32.717423 138.992257 32.732101 138.868639 32.736296 138.734545 32.736297 138.636070 32.738395 138.618260 32.736300
and in straight line to the point of commencement [being along a portion of the northern portion of Native Title Claim Ngadjuri Nation #2 external boundary]. Part 2: Central Area [Adnyamathanha / Ngadjuri / Wilyakali] External Boundary Description Commencing at the intersection of the southern boundary of the Barrier Highway road corridor with Longitude 139.568233 East (east of the Town of Yunta); generally north-westerly passing in straight lines through the following coordinate points :- Longitude East Latitude South 139.491775 32.586108 139.420760 32.570485 139.376731 32.536398
north-easterly in a straight line to the south corner of Section 267, Hundred of Waroonee; northerly in a straight line to the intersection of the southern boundary of Section 278, Hundred of Waroonee with Longitude 139.346575 East; northerly in a straight line to the north-east corner of Section 302, Hundred of Waroonee; north-easterly in a straight line to an eastern corner of Section 1012, OH(Orroroo) at Latitude 32.270269 South; north-easterly in a straight line to the south-west corner of Block 929, OH(Olary), Tin Hut Pastoral Lease (PE2376); north-easterly in a straight line to the intersection of the southern boundary of Block 910, OH(Curnamona), Glenorchy Pastoral Lease (PE2205) with Longitude 139.719547 East [being along a portion of the western portion of Native Title Claim Wilyakali #2 external boundary]. Then south-easterly along the southern boundary of Block 910; generally north-easterly along a portion of the western boundary of Allotment 113 in Filed Plan 250354, Plumbago Pastoral Lease (PE2250); generally south-easterly along the northern boundary of Allotment 113; generally south-easterly and generally south-westerly along the northern and eastern boundaries of Allotment 1 in Filed Plan 219181, Bimbowrie Conservation Park; generally southerly along the eastern boundary of Block 651, OH(Olary), Abminga Pastoral Lease (PE2273) to the south-east corner of Block 651; southerly along the production southerly of the eastern boundary of Block 651 to its intersection with the southern boundary of the Barrier Highway road corridor (east of the Town of Olary) [being along a portion of the northern portion and the eastern portion of Ngadjuri Nation Native Title Claim external boundary]. Then south-westerly along the southern boundary of the Barrier Highway road corridor to its intersection with Longitude 140.361215 East (east of the Town of Olary) [being along a portion of the western portion of Native Title Claim Wilyakali external boundary]. Then generally south-westerly along the southern boundary of the Barrier Highway road corridor to its intersection with the centreline of Yunta Creek at approximately Longitude 139.572680° East (east of the Town of Yunta) [being along a portion of the western portion of Native Title Claim Wilyakali external boundary and a portion of the northern portion of Native Title Claim Ngadjuri Nation #2 external boundary]. Then south-westerly along the southern boundary of the Barrier Highway road corridor to the point of commencement [being along a portion of the northern portion of Native Title Claim Ngadjuri Nation #2 external boundary]. Part 3: East Area [Adnyamathanha / Wilyakali] External Boundary Description Commencing at the intersection of the southern boundary of the Barrier Highway road corridor with the production southerly of the eastern boundary of Block 651, OH(Olary), Abminga Pastoral Lease (PE2273) (east of the Town of Olary). Then northerly across the Barrier Highway along the said production to the south-east corner of Block 651; generally northerly along the eastern boundary of Block 651; generally north-easterly and generally north-westerly along the eastern and northern boundaries of Allotment 1 in Filed Plan 219181, Bimbowrie Conservation Park; generally north-westerly along the northern boundary of Allotment 113 in Filed Plan 250354, Plumbago Pastoral Lease (PE2250); generally south-westerly along a portion of the western boundary of Allotment 113 to the south corner of Block 910, OH(Curnamona), Glenorchy Pastoral Lease (PE2205); north-westerly along a portion of the southern boundary of Block 910 to its intersection with Longitude 139.719547 East [being along the eastern portion and a portion of the northern portion of Native Title Claim Ngadjuri Nation external boundary]. Then generally north-easterly passing in straight lines through the following coordinate points:- Longitude East Latitude South 139.833014 31.824022 140.139892 31.495675
and north-easterly to an eastern corner of Adnyamathanha No 1 - Stage 2 Native Title Determination Area at Longitude 140.574604 East, Latitude 31.337067 South [being along a southern and south-eastern portion of Adnyamathanha No 1 - Stage 2 Native Title Determination Area external boundary]. Then south-easterly in a straight line toward the point defined as Longitude 140.633846 East, Latitude 31.514914 South until it intersects Latitude 31.476883 South [being along a portion of the western portion of Native Title Claim Malyankapa Peoples external boundary]. Then generally south-easterly and generally south-westerly in straight lines passing through the following coordinate points:- Longitude East Latitude South 140.633846 31.514914 140.662150 31.593447 140.704037 31.721444 140.752229 31.859829 140.781565 32.000311 140.783661 32.056922 140.766900 32.090470
and south-westerly in a straight line to the intersection of the southern boundary of the Barrier Highway road corridor with Longitude 140.761034 East (near the intersection of the Barrier Highway with Wompinie Road, east of the Town of Mingary); generally south-westerly along the southern boundary of the Barrier Highway road corridor to the point of commencement [being along a portion of the western portion of Native Title Claim Wilyakali external boundary]. Reference datum Geographical coordinates have been provided by the NNTT Geospatial services and geographical coordinates are referenced to the Geocentric Datum of Australia 1994 (GDA94), in decimal degrees. Watercourses and water-bodies referenced to 1:250,000 Topographic Mapping Series 3 - sourced from Geoscience Australia. Use of Coordinates Where coordinates are used within the description to represent cadastral or topographical boundaries or the intersection with such, they are intended as a guide only. As an outcome of the custodians of cadastral and topographical data continuously recalculating the geographic position of their data based on improved survey and data maintenance procedures, it is not possible to accurately define such a position other than by detailed ground survey.
SCHEDULE 2 - NATIVE TITLE LAND (AREAS WHERE NATIVE TITLE IS RECOGNISED IN THIS CD)
DCDBID HUNDRED_NAME TITLEREF Locality CD_Area H340100S294 BENDLEBY CR5762/245 West Area H340100S295 BENDLEBY CR5768/235 West Area H340100S297 BENDLEBY CR5762/247 West Area H340100S298 BENDLEBY CR5768/236 West Area H360100S250 CAVENAGH CR5762/867 West Area H360100S251 CAVENAGH CR5762/868 West Area H360100S252 CAVENAGH CR5762/869 West Area H360100S253 CAVENAGH CR5762/870 West Area H360100S256 CAVENAGH CR5762/871 West Area H310300S282 ERSKINE CR5761/490 West Area H310300S283 ERSKINE CR5761/491 West Area H310300S284 ERSKINE CR5761/492 West Area H310300S287 ERSKINE CR5761/494 West Area H310400S815 EURELIA CR5762/751 West Area H310400S819 EURELIA CR5762/754 West Area H340200S312 EURILPA CR5762/248 West Area H340200S313 EURILPA CR5762/249 West Area H340200S314 EURILPA CR5762/250 West Area H340200S315 (portion) EURILPA CR5762/251 West Area H340200S316 EURILPA CR5762/252 West Area H340200S318 EURILPA CR5354/111 West Area H340300S65 MCCULLOCH CR5768/238 West Area H340300S71 MCCULLOCH CR5762/812 West Area H340300S72 MCCULLOCH CR5762/813 West Area H340300S73 MCCULLOCH CR5762/814 West Area H340300S74 MCCULLOCH CR5762/815 West Area H360300S269 MINBURRA CR5768/276 West Area H360300S270 MINBURRA CR5768/277 West Area H360300S304 MINBURRA CR5762/879 West Area H360300S305 MINBURRA CR5762/880 West Area H360300S306 MINBURRA CR5759/748 West Area H360300S307 MINBURRA CR5759/749 West Area H360300S308 MINBURRA CR5762/881 West Area F250191A102 OH(CURNAMONA) CL6160/319 PE002216 Boolcoomata Pastoral Lease East Area H834800B1121 OH(CURNAMONA) CL6162/839 PE002278 Kalkaroo Pastoral Lease East Area H834800B1157 OH(CURNAMONA) CL6180/93 PE002380 Peters Pastoral Lease East Area H834800B1158 OH(CURNAMONA) CL6179/964 PE002379 Lignum Pastoral Lease East Area H834800B120 OH(CURNAMONA) CL6183/78 PE002300 Billeroo West Pastoral Lease East Area H834800B121 OH(CURNAMONA) CL6181/746 PE002359 Benagerie Pastoral Lease East Area H834800B890 OH(CURNAMONA) CL6179/987 PE002232 Strathearn Pastoral Lease East Area H834800B896 OH(CURNAMONA) CL6180/12 PE002478 Mooleulooloo Pastoral Lease East Area H834800B910 OH(CURNAMONA) CL6161/302 PE002205 Glenorchy Pastoral Lease East Area H834800B926 OH(CURNAMONA) CL6169/869 PE002357 Kalabity Pastoral Lease East Area H834800B947 OH(CURNAMONA) CL6169/870 PE002365 Telechie Pastoral Lease East Area H834800B979 OH(CURNAMONA) CL6179/994 PE002279 Yarramba Pastoral Lease East Area H834800B984 OH(CURNAMONA) CL6181/747 PE002360 Mulyungarie Pastoral Lease East Area F219181A1 OH(OLARY) CR6052/83 Bimbowrie Conservation Park Central Area F250353A114 OH(OLARY) CL6161/903 PE002212 Mount Victor Pastoral Lease Central Area / West Area F250354A113 OH(OLARY) CL6161/904 PE002250 Plumbago Pastoral Lease Central Area F251052A100 OH(OLARY) CL6174/65 PE002398 Wompinie Pastoral Lease East Area F251333Q200 OH(OLARY) CL6176/449 PE002200 Bindarrah Pastoral Lease East Area H835400B1105 OH(OLARY) CL1629/99 PE002535 Florina Pastoral Lease Central Area H835400B1209 OH(OLARY) CL6161/299 PE002504 Morialpa Pastoral Lease Central Area H835400B646 OH(OLARY) CL1629/99 PE002535 Florina Pastoral Lease Central Area H835400B647 OH(OLARY) CL1629/99 PE002535 Florina Pastoral Lease Central Area H835400B651 OH(OLARY) CL1285/20 PE002273 Abminga Pastoral Lease Central Area H835400B656 OH(OLARY) CL6176/449 PE002200 Bindarrah Pastoral Lease East Area H835400B897 OH(OLARY) CL6196/752 PE002363 Bulloo Creek Pastoral Lease East Area H835400B904 OH(OLARY) CL6160/605 PE002261 Weekeroo Pastoral Lease Central Area H835400B909 OH(OLARY) CL1279/29 PE002238 Outalpa Pastoral Lease Central Area H835400B924 OH(OLARY) CL6190/401 PE002255 Winnininnie Pastoral Lease Central Area H835400B925 OH(OLARY) CL6161/299 PE002504 Morialpa Pastoral Lease Central Area H835400B929 OH(OLARY) CL6161/303 PE002376 Tin Hut Pastoral Lease Central Area / West Area H835400S1091 (portion) OH(OLARY) CR6051/110 Central Area / West Area H835400S1117 OH(OLARY) CR5539/577 Central Area H835400S1130 OH(OLARY) CR5764/623 Central Area H835400S1133 OH(OLARY) CR5764/625 Central Area H835400S1134 OH(OLARY) CR5759/755 Central Area H835400S1436 OH(OLARY) CR5337/560 Central Area / West Area H835400S317 OH(OLARY) CR5757/313 Central Area H835400S335 OH(OLARY) CL6161/299 PE002504 Morialpa Pastoral Lease Central Area H835400S336 OH(OLARY) CL6161/299 PE002504 Morialpa Pastoral Lease Central Area H835400S784 OH(OLARY) CR5750/442 East Area H835400S785 OH(OLARY) CR5750/442 East Area H835400S89 OH(OLARY) CR5750/441 Central Area T835402A49 OH(OLARY) CR5769/203 Central Area T835402A50 OH(OLARY) CR5769/204 Central Area T835402A51 OH(OLARY) CR5748/7 Central Area T835402A52 OH(OLARY) CR5748/8 Central Area T835402A53 OH(OLARY) CR5769/205 Central Area T835402A54 OH(OLARY) CR5769/206 Central Area T835402A55 OH(OLARY) CR5769/207 Central Area T835402A56 OH(OLARY) CR5769/208 Central Area T835402A57 OH(OLARY) CR5769/209 Central Area T835402A58 OH(OLARY) CR5769/210 Central Area T835402A59 OH(OLARY) CR5769/211 Central Area T835402A60 OH(OLARY) CR5769/212 Central Area T835402A61 OH(OLARY) CR5769/213 Central Area T835402A62 OH(OLARY) CR5769/214 Central Area T835402A63 OH(OLARY) CR5769/215 Central Area T835402A64 OH(OLARY) CR5769/216 Central Area T835402A65 OH(OLARY) CR5769/217 Central Area T835402A66 OH(OLARY) CR5427/568 Central Area T835402A67 OH(OLARY) CR5427/569 Central Area T835402A68 OH(OLARY) CT5503/136 Central Area T835402A69 OH(OLARY) CT5503/136 Central Area T835403A100 OH(OLARY) CR5770/582 East Area T835403A101 OH(OLARY) CR5770/583 East Area T835403A102 OH(OLARY) CR5770/584 East Area T835403A31 OH(OLARY) CR5764/631 East Area T835403A32 OH(OLARY) CR5764/632 East Area T835403A33 OH(OLARY) CR5769/225 East Area T835403A34 OH(OLARY) CR5769/226 East Area T835403A35 OH(OLARY) CR5769/227 East Area T835403A36 OH(OLARY) CR5769/228 East Area T835403A37 OH(OLARY) CR5769/229 East Area T835403A38 OH(OLARY) CR5769/230 East Area T835403A39 OH(OLARY) CR5769/231 East Area T835403A40 OH(OLARY) CR5769/232 East Area T835403A47 OH(OLARY) CR5769/233 East Area T835403A49 OH(OLARY) CR5769/234 East Area T835403A50 OH(OLARY) CR5769/235 East Area T835403A51 OH(OLARY) CR5769/236 East Area T835403A52 OH(OLARY) CR5769/237 East Area T835403A53 OH(OLARY) CR5770/540 East Area T835403A54 OH(OLARY) CR5770/541 East Area T835403A55 OH(OLARY) CR5770/542 East Area T835403A56 OH(OLARY) CR5770/543 East Area T835403A57 OH(OLARY) CR5770/544 East Area T835403A58 OH(OLARY) CR5770/545 East Area T835403A59 OH(OLARY) CR5770/585 East Area T835403A60 OH(OLARY) CR5770/546 East Area T835403A61 OH(OLARY) CR5770/547 East Area T835403A62 OH(OLARY) CR5770/548 East Area T835403A63 OH(OLARY) CR5770/549 East Area T835403A64 OH(OLARY) CR5770/550 East Area T835403A65 OH(OLARY) CR5770/551 East Area T835403A67 OH(OLARY) CR5770/552 East Area T835403A68 OH(OLARY) CR5770/553 East Area T835403A69 OH(OLARY) CR5770/554 East Area T835403A70 OH(OLARY) CR5770/555 East Area T835403A71 OH(OLARY) CR5770/556 East Area T835403A72 OH(OLARY) CR5770/557 East Area T835403A73 OH(OLARY) CR5770/558 East Area T835403A74 OH(OLARY) CR5770/559 East Area T835403A75 OH(OLARY) CR5770/560 East Area T835403A76 OH(OLARY) CR5770/561 East Area T835403A77 OH(OLARY) CR5770/562 East Area T835403A78 OH(OLARY) CR5770/563 East Area T835403A79 OH(OLARY) CR5764/633 East Area T835403A80 OH(OLARY) CR5764/634 East Area T835403A81 OH(OLARY) CR5770/564 East Area T835403A82 OH(OLARY) CR5770/565 East Area T835403A83 OH(OLARY) CR5770/566 East Area T835403A84 OH(OLARY) CR5770/567 East Area T835403A85 OH(OLARY) CR5770/568 East Area T835403A86 OH(OLARY) CR5770/569 East Area T835403A87 OH(OLARY) CR5770/570 East Area T835403A88 OH(OLARY) CR5770/571 East Area T835403A89 OH(OLARY) CR5770/572 East Area T835403A90 OH(OLARY) CR5770/573 East Area T835403A92 OH(OLARY) CR5770/574 East Area T835403A93 OH(OLARY) CR5770/575 East Area T835403A94 OH(OLARY) CR5770/576 East Area T835403A95 OH(OLARY) CR5770/577 East Area T835403A96 OH(OLARY) CR5770/578 East Area T835403A97 OH(OLARY) CR5770/579 East Area T835403A98 OH(OLARY) CR5770/580 East Area T835403A99 OH(OLARY) CR5770/581 East Area T835404A42 OH(OLARY) CR5770/586 Central Area T835404A43 OH(OLARY) CR5770/587 Central Area T835404A46 OH(OLARY) CR5770/588 Central Area T835404A47 OH(OLARY) CR5770/589 Central Area T835404A48 OH(OLARY) CR5770/590 Central Area T835404A49 OH(OLARY) CR5770/591 Central Area T835404A50 OH(OLARY) CR5770/592 Central Area T835404A51 OH(OLARY) CR5770/593 Central Area T835404A52 OH(OLARY) CR5770/594 Central Area T835404A53 OH(OLARY) CR5770/595 Central Area T835404A54 OH(OLARY) CR5770/596 Central Area T835404A55 OH(OLARY) CR5770/597 Central Area T835404A56 OH(OLARY) CR5524/76 Central Area T835404A57 OH(OLARY) CR5524/77 Central Area T835404A58 OH(OLARY) CR5524/78 Central Area T835404A59 OH(OLARY) CR5527/742 Central Area T835404A60 OH(OLARY) CR5524/79 Central Area T835404A61 OH(OLARY) CR5524/80 Central Area D42208A490 OH(ORROROO) CL6172/508 PE002207 Minburra Pastoral Lease West Area F251182A500 OH(ORROROO) CL6175/286 PE002203 Melton Pastoral Lease Central Area / West Area F251254A510 OH(ORROROO) CL6175/813 PE002309 Koonamore Pastoral Lease Central Area / West Area F36647A1 OH(ORROROO) CR5296/706 West Area F36647A10 OH(ORROROO) CR5296/715 West Area F36647A11 OH(ORROROO) CR5296/981 West Area F36647A12 OH(ORROROO) CR5296/982 West Area F36647A13 OH(ORROROO) CR5296/983 West Area F36647A14 OH(ORROROO) CR5296/984 West Area F36647A15 OH(ORROROO) CR5296/985 West Area F36647A17 OH(ORROROO) CR5296/987 West Area F36647A18 OH(ORROROO) CR5296/988 West Area F36647A19 OH(ORROROO) CR5296/989 West Area F36647A2 OH(ORROROO) CR5296/707 West Area F36647A20 OH(ORROROO) CR5296/990 West Area F36647A21 OH(ORROROO) CR5296/991 West Area F36647A22 OH(ORROROO) CR5296/992 West Area F36647A23 OH(ORROROO) CR5296/993 West Area F36647A26 OH(ORROROO) CR5296/996 West Area F36647A27 OH(ORROROO) CR5296/997 West Area F36647A28 OH(ORROROO) CR5296/998 West Area F36647A29 OH(ORROROO) CR5296/999 West Area F36647A3 OH(ORROROO) CR5296/708 West Area F36647A30 OH(ORROROO) CR5297/1 West Area F36647A32 OH(ORROROO) CR5297/3 West Area F36647A33 OH(ORROROO) CR5297/4 West Area F36647A34 OH(ORROROO) CR5297/5 West Area F36647A35 OH(ORROROO) CR5297/6 West Area F36647A36 OH(ORROROO) CR5297/7 West Area F36647A37 OH(ORROROO) CR5297/8 West Area F36647A38 OH(ORROROO) CR5297/9 West Area F36647A39 OH(ORROROO) CR5297/10 West Area F36647A4 OH(ORROROO) CR5296/709 West Area F36647A40 OH(ORROROO) CR5297/11 West Area F36647A41 OH(ORROROO) CR5297/12 West Area F36647A42 OH(ORROROO) CR5297/13 West Area F36647A43 OH(ORROROO) CR5297/14 West Area F36647A44 OH(ORROROO) CR5297/15 West Area F36647A45 OH(ORROROO) CR5297/16 West Area F36647A46 OH(ORROROO) CR5297/17 West Area F36647A47 OH(ORROROO) CR5297/18 West Area F36647A48 OH(ORROROO) CR5297/19 West Area F36647A49 OH(ORROROO) CR5297/20 West Area F36647A50 OH(ORROROO) CR5297/21 West Area F36647A51 OH(ORROROO) CR5299/405 West Area F36647A54 OH(ORROROO) CR5299/406 West Area F36647A55 OH(ORROROO) CR5299/407 West Area F36647A56 OH(ORROROO) CR5299/408 West Area F36647A58 OH(ORROROO) CR5299/409 West Area F36647A7 OH(ORROROO) CR5296/712 West Area F36647A8 OH(ORROROO) CR5296/713 West Area F36647A9 OH(ORROROO) CR5296/714 West Area F59159A100 OH(ORROROO) CR6145/277 Central Area / West Area H835300B1151 OH(ORROROO) CL6173/243 PE002358 North Hillls Pastoral Lease West Area H835300B843 OH(ORROROO) CL1402/37 PE002474 Witchitie Pastoral Lease West Area H835300S1011 (portion) OH(ORROROO) CR5769/172 West Area H835300S1012 OH(ORROROO) CR5308/929 West Area H835300S1433 (portion) OH(ORROROO) CR5308/928 West Area H835300S304 OH(ORROROO) CR5759/730 West Area H835300S378 OH(ORROROO) CR5308/930 West Area H835300S982 OH(ORROROO) CR5759/731 West Area H835300S983 OH(ORROROO) CR5759/731 West Area H835300S984 OH(ORROROO) CR5759/732 West Area D42206A54 OH(PARACHILNA) CL6184/17 PE002269 Baratta Pastoral Lease West Area H310700S297 OLADDIE CR5762/773 West Area H310700S299 OLADDIE CR5762/774 West Area H310700S300 OLADDIE CR5767/20 West Area H310700S301 OLADDIE CR5762/775 West Area H310700S322 OLADDIE CR5762/776 West Area T310701A1 OLADDIE CR5762/777 West Area T310701A2 OLADDIE CR5762/778 West Area T310701A20 OLADDIE CR5555/670 West Area T310701A26 OLADDIE CR5767/22 West Area T310701A27 OLADDIE CR5767/23 West Area T310701A29 OLADDIE CR5767/24 West Area T310701A37 OLADDIE CR5767/26 West Area T310701A38 OLADDIE CR5767/27 West Area T310701A39 OLADDIE CR5767/28 West Area T310701A42 OLADDIE CR5767/30 West Area T310701A45 OLADDIE CR5767/31 West Area T310701A46 OLADDIE CR5767/32 West Area T310701A47 OLADDIE CR5767/33 West Area T310701A48 OLADDIE CR5767/34 West Area T310701A5 OLADDIE CR5767/21 West Area H360500S317 PARATOO CR5762/897 West Area D28233A1 WALLOWAY CR5753/657 West Area D43342A13 WALLOWAY CR5328/216 West Area D85597A36 WALLOWAY CR6076/277 West Area H311000S311 WALLOWAY CR5746/420 West Area H311000S336 (portion) WALLOWAY CR5755/853 West Area H311000S337 (portion) WALLOWAY CR6076/277 West Area H311000S338 WALLOWAY CR6076/277 West Area H311000S340 (portion) WALLOWAY CR5755/854 West Area H311000S341 WALLOWAY CR5755/855 West Area H311000S345 WALLOWAY CR6076/277 West Area H311000S347 (portion) WALLOWAY CR6076/277 West Area H311000S348 (portion) WALLOWAY CR6076/277 West Area H311000S361 WALLOWAY CR5755/858 West Area H311000S362 WALLOWAY CR5755/853 West Area H311000S425 WALLOWAY CR5762/805 West Area H311000S428 WALLOWAY CR5762/808 West Area H311000S500 WALLOWAY CR5762/811 West Area T311001A178 WALLOWAY CR5755/860 West Area H360600S329 WAROONEE CR5762/899 West Area H360600S330 WAROONEE CR5762/900 West Area H340500S141 WIRREANDA CR5756/583 West Area H311100S336 YALPARA CR5762/166 West Area H311100S337 YALPARA CR5759/903 West Area H311100S338 YALPARA CR5759/904 West Area H311100S339 YALPARA CR5762/167 West Area H311100S340 YALPARA CR5762/168 West Area H340600S353 YANYARRIE CR5768/262 West Area H340600S354 YANYARRIE CR5768/263 West Area H340700S106 YEDNALUE CR5756/585 West Area H340700S107 YEDNALUE CR5756/586 West Area H340700S108 YEDNALUE CR5756/587 West Area
SCHEDULE 3 - LAND AND WATERS WHERE NATIVE TITLE HAS BEEN EXTINGUISHED
SCHEDULE 4 - THE DESCENDANTS OF ADNYAMATHANHA APICAL ANCESTORS The descendants (whether biologically or by adoption) of: Mt Serle Bob Polly, wife of Mt Serle Bob Quartpot Tommy Mt Serle Bob's sister, wife of Quartpot Tommy Willy Austin Snr Nicholas Demell Emily McKenzie, wife of Nicholas Demell Sydney Ryan Mary, wife of Sydney Ryan the siblings Angepena Billy or Mary Fanny, wife of Angepena Billy the siblings Sara Johnson, Matilda Johnson, Fred Johnson, Natalie Johnson, Jessie Johnson or Sydney Jackson
SCHEDULE 5 - THE DESCENDANTS OF NGADJURI APICAL ANCESTORS The descendants of: Fanny, who was born at Winnininnie and her spouse Gudjari Richard (Dick) Warrior The un-named mother of Ned Edwards, who was born at Booyoolee, near Gladstone The un-named mother of the Armstrong siblings who was born at Canowie The un-named mother of Alice Morris, who was born at Canowie The un-named mother of William John Miller and Amelia Miller
SCHEDULE 6 - THE DESCENDANTS OF WILYAKALI APICAL ANCESTORS The descendants (whether biologically or by adoption) of: Jack Tyler born in South Australia in 1857 Outalpa Dick Crancey
SCHEDULE 7 - PASTORAL LEASES WHOLLY OR PARTIALLY IN THE DETERMINATION AREA Pastoral Lease Name Pastoral Lease Number Crown Lease Number Volume/Folio Part of Determination Area Abminga PE002273 CL1285/20 Central Baratta PE002269 CL6184/17 West Benagerie PE002359 CL6181/746 East Billeroo West PE002300 CL6183/78 East Bindarrah PE002200 CL6176/449 East Boolcoomata PE002216 CL6160/319 East Bulloo Creek PE002363 CL6196/752 East Florina PE002535 CL1629/99 Central Glenorchy PE002205 CL6161/302 East Kalabity PE002357 CL6169/869 East Kalkaroo PE002278 CL6162/839 East Koonamore PE002309 CL6175/813 Central Lignum PE002379 CL6179/964 East Melton PE002203 CL6175/286 Central Minburra PE002207 CL6172/508 West Mooleulooloo PE002478 CL6180/12 East Morialpa PE002504 CL6161/299 Central Mount Victor PE002212 CL6161/903 Central & West Mulyungarie PE002360 CL6181/747 East North Hills PE002358 CL6173/243 West Outalpa PE002238 CL1279/29 Central Peters PE002380 CL6180/93 East Plumbago PE002250 CL6161/904 Central Strathearn PE002232 CL6179/987 East Telechie PE002365 CL6169/870 East Tin Hut PE002376 CL6161/303 Central & West Weekeroo PE002261 CL6160/605 Central Wilcowie PE002493 CL6185/711 West Winnininnie PE002255 CL6190/401 Central Witchitie PE002474 CL1402/37 West Wompinie PE002398 CL6174/65 East Yarramba PE002279 CL6179/994 East
SCHEDULE 8 - NATIVE TITLE MINING AGREEMENTS RELATING TO TENEMENTS WHOLLY OR PARTIALLY IN THE DETERMINATION AREA WHICH ARE NOVATED Miner Type Subsequent related Agreements Current NT Party (Retiring Party) Current Mining Party (Continuing Party) Current Tenements wholly or (partially) in Determination area & Location (W - Western, C -Central, E - Eastern, W#1 - Wilyakali #1 claim area, Ad CD - Adnyamathanha CD Land, Mal -Malyankapa claim area, Ng#2 - Ngadjuri #2 claim area)) RI No. Agreement (Date) Relevant Tenements Benagerie Production Benagerie Gold & Copper Pty Ltd ML6346 (E) 148 Portia - North Portia Gold Project Adnyamathanha Agreement Vincent Coulthard, Angelina Stuart, Gordon Coulthard, Geraldine Anderson, Beverley Patterson, Stewart Patterson & Mark McKenzie and ATLA Benagerie Gold Pty Ltd EL 5873(E & Ad CD), 5421 (E & Ad CD), 5802 (E, W#1 & Mal) (1/5/08) Havilah Resources NL ML 6346(E) Deed of Variation (17/02/10) Vincent Coulthard, Angelina Stuart, Gordon Coulthard, Geraldine Anderson, Beverley Patterson, Stewart Patterson & Mark McKenzie and ATLA Benagerie Gold Pty Ltd EL 5873(E & Ad CD), 5421(E & Ad CD), 5802(E, W#1 & Mal) Havilah Resources NL ML 6346(E) Deed of Variation - Portia Gold Project NTMA (11/11/13) Vincent Coulthard, Angelina Stuart, Geraldine Anderson, Beverley Patterson, Stewart Patterson & Mark McKenzie and ATLA Benagerie Gold Pty Ltd Havilah Resources NL EL 5873(E & Ad CD), 5421(E & Ad CD), 5802(E, W#1 & Mal) ML 6346(E) Deed of Assignment and Assumption ATLA Benagerie Gold & Copper Pty Ltd (formerly known as Benagerie Gold Pty Ltd) ML 6346(E) Consolidated Mining & Civil Ltd Boss Production Boss Uranium Pty Ltd EL 5215 (E),(5043(C, E, Ad CD)), (5621 (E & W#1)) ML 6109 (E) MPL 15 (E), (92 (E & W#1)) 2017/00138 (E) 37 Honeymoon Production Agreement Nil May Buzzacott, Vincent Coulthard, Thathy (Geraldine) Anderson, Angelina Stuart, Gertie Johnson, Gordon Coulthard, Beverley Patterson, & Stewart Patterson for and on behalf of the Adnyamathanha People and ATLA Boss Uranium Pty Ltd ML 6109 (1/2/2002) (Name change) Exploration 91 Adnyamathanha Goulds Dam WAC Agreement Gordon Coulthard, Angelina Stuart, Geraldine Anderson, Gertie Johnson, May Buzzacott, Beverley Patterson, Stewart Patterson Vincent Coulthard & Mark McKenzie for Adnyamathanha People Boss Uranium Pty Ltd EL (5043 (C, E & Ad CD)) (21/7/2006) 375 Adnyamathanha WAC Agreement Vincent Coulthard, Thathy (Geraldine) Anderson, Angelina Stuart, Beverley Patterson for the Adnyamathanha People Boss Uranium Pty Ltd EL 5215 (E), 5621 (E & W#1) (12/9/2016) 377 Wilyakali #2 WAC Agreement Maureen O'Donnell, Janet Crowe, Beverley Bates, Richard Edge, Elizabeth Hunter & Brian Bates for and on behalf of Wilyakali #2 Boss Uranium Pty Ltd EL 5215 (E), 5621 (E & W#1) (4/10/2016) Exco Production Exco Operations (SA) Ltd (75%) (Name change) EL 5472 (C & E), 5574 (E), 5727 (C & E), (5393 (E & W#1)) Polymetals (White Dam) P/L (25%) (A & A - RI 207) ML 6275, 6395 (Both E) MPL 95, 105-7, 139 (All E) 70 White Dam Production Agreement 207, 208 May Buzzacott, Vincent Coulthard, Angelina Stuart, Gertie Johnson, Gordon Coulthard, Geraldine Anderson, Beverly Patterson, Mark McKenzie, & Stewart Patterson for and on behalf of the Adnyamathanha People and ATLA Exco Operations (SA) Ltd (75%) (Name change) EL 5472 (C&E), 5574 (E) (7/8/06) Polymetals (White Dam) P/L (25%) (Ass & Ass - RI 207) ML 6275 (E) 208 Deed of Variation to Native Title Mining Agreement Vincent Coulthard, Angelina Stuart, Gordon Coulthard, Geraldine Anderson, Beverly Patterson, Stewart Patterson & Mark McKenzie for and on behalf of the Adnyamathanha People and ATLA Exco Operations (SA) Ltd (75%) MPL 95, 105, 106, 107 and 139 (All E) (28/7/11) Polymetals (White Dam) P/L (25%) ML 6395 (E) Exploration 71 White Dam WAC Agreement 207 May Buzzacott, Vincent Coulthard, Angelina Stuart, Gertie Johnson, Gordon Coulthard, Geraldine Anderson, Beverly Patterson, Mark McKenzie, & Stewart Patterson for and on behalf of the Adnyamathanha People Exco Operations (SA) Ltd (75%) (Name change) EL 5574(E), 5727(C & E), 5472(C & E), (31/8/06) Polymetals (White Dam) P/L (25%) (Ass & Ass - RI 207) Havilah Exploration EL (5179 (E & W#1)), (5396 (E&W#1)), (5421 (E & Ad CD), (5422 (C&E)), (5488 (E & Ad CD & Mal)), (5502 (E&W)), (5578 (C&E)), (5703 (E&W#1)), (5785 (E& Ad CD)),( 5800 (E)), (5802 (E & Mal & W#1)), (5803 (E)), (5873 (E&Ad CD)), (5904 (E&W#1)), (5915 (E & Ad CD)), (5956 (E & W#1)), (5393 (E & W#1)), (6054 (E & W#1)), (6194 (E & W#1) 286 Havilah Work Area Clearance Agreement (for Minerals Exploration) Vincent Coulthard, Angelina Stuart, Geraldine Anderson, Beverley Patterson, Mark McKenzie & Stewart Patterson for Adnyamathanha People Havilah Resources NL EL 5422, 5488, 5800, 5179, 5421, 5802, 5803, 5873, 5904, 5915, 5502, 5393, 5396, 5578, 5703, 5956, 6054, 6194 (3/6/13) Sinosteel Exploration Sinosteel Uranium SA P/L EL (6026 (W & Ad CD)), (6015 (C & W & Ad CD)), 5462 (C & E), 5571 (C & E), (5834 (W, C & W & Ad CD)) 92 PepinNini Minerals Adnyamathanha NTMA for Exploration 93, 96, 216, 331 Adnyamathanha No.1 Native Title Claim Group by Gordon Coulthard, Stewart Patterson, Vincent Coulthard, Angelina Stuart, Mark McKenzie, Beverley Patterson, Gertie Johnson, May Buzzacott, & Thathy (Geraldine) Anderson Sinosteel Uranium SA P/L EL (6026 (W & Ad CD)), (6015 (C & W & Ad CD)), 5462 (C & E), 5571 (C & E), (5834 (W, C & W & Ad CD)) (4/11/06) (Ass & Ass RIs 93, 96 & 331) Renascor Exploration EL 5585 (E) 210 Renaissance Uranium Pty Ltd Work Area Clearance Agreement Gordon Coulthard, Angelina Stuart, Geraldine Anderson, Beverly Patterson, Stewart Patterson, Vincent Coulthard and Mark McKenzie for and on behalf of the Adnyamathanha people Renascor Resources Ltd EL 5585 (E) (name change) for its wholly owned subsidiary, Astra Resources Pty Ltd
SCHEDULE 9 - TERMS RELATING TO MINING AGREEMENTS LISTED IN SCHEDULE 8 AND ANY OUTSTANDING NEGOTIATION PROCESSES BACKGROUND A. The making of this determination acknowledges native title rights in, what have been to date, the claim areas of three separate native title claimant groups. B. Some of those groups have individually entered into Existing Agreements registered or registrable under Part 9B of the Mining Act with miners relating to exploration and/or production activities in tenements wholly or partially within the determination area. C. The effect of this joint determination, combined with section 63R of the Mining Act would be that each of those agreements (to the extent that they relate to the area of this determination) expires two years after the making of this determination. D. In order to preserve the rights of the parties under the existing agreements and to substitute the PBC for the former native title party or parties to each agreement, the parties have agreed to novate each of the agreements described in Schedule 8 (to the extent that they relate to the Joint CD Area) on the same terms as they originally contained, save for the amendments set out in the relevant table set out below, such novation to take effect from the registration of the RNTBC by the NNTT. E. To the extent that an agreement described in Schedule 8 does not relate to the Joint CD Area, that agreement is, in respect of areas outside the Joint CD Area, to continue on its current terms. F. Subject to specific exemptions identified in the tables below, the intention of all the parties is that: a. All previous actions, agreements or survey clearances by any relevant separate claimant group or miner, done in accordance with the existing agreements is valid and may continue to be relied upon; b. The RNTBC will, from the date of its registration, be substituted for the Retiring Party in each agreement; c. Any notices which are to be given, or payments which are to be made and which were previously to be given or made to a native title claimant group or an associated entity of that claimant group are from the date of registration of the RNTBC to be made to the RNTBC. G. The Parties acknowledge that notification has been given pursuant to section 63R(3) of the Mining Act, initiating negotiations that have resulted in this agreement. The novated agreements are intended by the parties to form fresh agreements for the purposes of section 63R of the Mining Act and to be registered under Part 9B. H. In the course of the negotiation of an agreement to the terms of this Schedule 9, each of the Adnyamathanha, Ngadjuri and Wilyakali applicant parties has represented to the State and to the Continuing Parties that the effect of the Determination will not be to increase the burdens on the Continuing Parties or other interest holders and third parties (including future interest holders and third parties) in the Determination area by reason of the fact that the native title holding group is a combination of three groups and, for this reason, there will be a single Registered Native Title Body Corporate with single processes for future acts or Aboriginal heritage purposes. AGREED TERMS
1.1 "East Area" means the area defined in recital H; "Effective Date" means the date on which this Agreement comes into effect in accordance with the terms of the CD and any deed entered into as a consequence of the CD; "Exploration Licences" means the exploration licences that are specified in Schedule 1 of the Work Area Clearance Agreement and includes any replacement or conversion of, or any substituted title or titles for, and each renewal or extension of each such exploration licence; "Joint Venturers" means Exco and Polymetals and their respective successors and permitted assigns; "Native Title Holders" means those persons determined to be holders of native title rights and interest in respect of the East Area upon making of the CD; "PBC" means the registered native title body corporate prescribed for the purposes of the Native Title Act which holds, or is to hold, native title rights and interests as agent for the Native Title Holders in respect of the Joint CD Area and which is, or is intended to become, a Party to this Agreement as and from the Effective Date; "Principal Agreement" means the document being the Native Title Mining Agreement entered into between Bimba Mining Limited (ACN 105 161 564) (now known as Exco), the Adnyamathanha people and the Adnyamathanha Traditional Lands Association dated 7 August 2006 and includes all schedules and annexures thereto. "Production Tenements" means mining lease ML6275, ML 6395 and miscellaneous purposes licences MPL95, MPL105, MPL106 and MPL107 and includes any replacement or conversion of, or any substituted title or titles for, and each renewal or extension of each such tenement; "Tenements" means the Exploration Licences and the Production Tenements and any new miscellaneous purpose licences granted in respect of additional infrastructure within the Potential Infrastructure Area. "Start Date" means 28 July 2011 being the date on which the Amended Agreement was executed by the original parties to it." Annexure A Heading Delete "Mineral Claim 4193" Insert "Mining Lease 6395" 3. Portia Agreement - (RI 148, as amended) Parties Delete All Insert "BENAGERIE GOLD & COPPER PTY LTD ACN 121 124 427) whose address is 18 Kanandah Road, Broken Hill NSW 2880 (Company) CONSOLIDATED MINING & CIVIL PTY LTD ACN 094 428 109 whose address is 18 Kanandah Road, Broken Hill, NSW 2880 (CMC) The PBC as agent for the Native Title Holders (PBC)" Recital A Delete All Insert "The Company has, since 11 July 2018, been a wholly owned subsidiary of CMC. Prior to 11 July 2018, the Company was a wholly owned subsidiary of Havilah Resources Limited (Havilah)." Recital B Delete All Insert "The Company is the holder of Mining Lease number 6346 as identified on the site map attached as Annexure A (ML);" Recital C Delete All Insert "In or about September 2018, Havilah and the Company entered into a Deed of Assignment and Assumption pursuant to clause 14.1 of the Agreement, pursuant to which: a) the Company assigned to Havilah, and Havilah assumed, its rights, interests and obligations under the Agreement in respect of all land the subject of the Agreement, other than the ML (the Remaining Land); and b) Havilah assigned to CMC, and CMC assumed, its guarantee obligations under the Agreement." Recital D Delete "Current Applications once granted" Insert "ML" Recital E(a) Delete "the Mineral Claim number 3669" Insert "a portion of the area of the ML" Recital E(b) Delete All Insert "in respect of the balance of the area of the ML on 19 December 2007" Recital E(c) Delete All Insert "no longer relevant" Recital F Delete "and possibly within the Extended Agreement Area" Recital H Delete All Insert "A consent determination of native title by the Federal Court (CD) is to be made in favour of Adnyamathanha People and Wilyakali people jointly in respect of that portion of: (i) the Adnyamathanha Native Title Claim being Claim No SC99/1 now referred to the Federal Court as Amended Application SAD6001/98 ("Adnyamathanha Claim"); and (ii) the Wilyakali Native Title Claim #2 being Claim No SC2015/003 which became registered on 2 February 2016 and now referred to the Federal Court as SAD417/ 2015 ("Wilyakali Claim"), which overlap the East Area and native title rights and interests in respect of the East Area are to be held by the Native Title Holders. The PBC will act as their agent registered native title body corporate." Recital I Delete "on their part" Insert"Native Title Holders and is" Delete "Claimants and are" Insert "Native Title Holders" Delete "Claimants" Recital I.1 Insert "As a result of the assignment and assumption referred to at Recital C, each of Havilah and Benagerie have agreed to enter into separate agreements with the PBC so as to deal with the land the subject of the ML and the Remaining Land in separate and distinct agreements." Recital J Delete "Claim ("Claim Area") Insert "East Area" Delete "Tenements and the MPLs" Insert "Tenements" Recital K Delete All Insert "no longer relevant" Recital L Delete All Insert "no longer relevant" Recital M (a) Delete "Claimants" Insert "Native Title Holders'" Delete all in parentheses Recital M (b) Delete "Claimants'" Insert "Native Title Holders" Delete "an equity interest in Havilah and other benefits" Recital M (c) Delete All Insert "no longer relevant" Recital M (e) Delete "Granted" Recital M (f) Delete All Insert "no longer relevant" 1.1 Definition of: "Aboriginal" Insert "and, for the purposes of this Agreement means an Aboriginal person who identifies as Adnyamathanha or Wilyakali" at the end of the definition. "Agreement Area" Delete "Current Applications and the Granted" "Approved Determination of Native Title" Delete All "Associate" Delete "Havilah Resources" Insert "CMC" "ATLA" Delete all after "(Aboriginal Corporation)" "Claim" Delete All "Claimants" Delete All "Claimants Proportion of Curnamona Shares" Delete All "Company" Delete "Benagerie Gold Pty Ltd" Insert "Benagerie Gold & Copper Pty Ltd" "Commencement Date" Delete All "Compensation Shares" Delete "to be issued to the Trust in accordance with Clause 9" "Current Applications" Delete All "Curnamona Shares" Delete All "Escrow Period" Delete All "Extended Agreement Area" Delete All "Granted Tenements" Delete All MCs Delete All "Mining and Rehabilitation Plan (or "MARP")" Delete "of Primary Industries and Resources of South Australia" Insert "or equivalent document, howsoever named" at the end of the definition. "Mining Lease" Delete All "Named Applicants" Delete All Report Delete "or Havilah" Record Date Delete All "Site" Delete "MCs" Insert "ML" "Tenement" Delete "the Granted Tenements and, upon their grant their grant respectively" Insert "ML" Delete "Mining Lease" "Trust" Delete all 1.1 Insert the following new definitions to be in alphabetical order: "CD" means a determination of native title rights and interest, by consent in Federal Court proceedings Adnyamathanha No.1 C&F (SAD6001/98), Ngadjuri (SAD147/10) & Wilyakali SAD417/15" "Department" means the relevant government department which administers the Mining Act from time to time; "East Area" means the area defined in recital H; "Effective Date" means the date on which this Agreement comes into effect in accordance with the terms of the CD; "ML" means Mining Lease 6346; "Native Title Holders" means those persons determined to be holders of native title rights and interest in respect of the East Area upon making of the CD; ""PBC" means the registered native title body corporate prescribed for the purposes of the Native Title Act which holds, or is to hold, native title rights and interests as agent for the Native Title Holders in respect of the Joint CD Area and which is, or is intended to become, a Party to this Agreement as and from the Effective Date; 1.4 Delete all after "jurisdiction" (third appearing) 2 Delete "Commencement" Insert "Effective" 3.2 Delete All Insert "The PBC Acknowledges that, prior to the Effective Date, the Company made monetary contributions towards the documentation, protection and preservation of culture and heritage within the Agreement Area" 4.1 Chapeau Delete "Each of the Company and Havilah covenant" Insert "The Company covenants" 4.1(a) Delete "and the Extended Agreement Area" Insert "Effective" Delete "or the Extended Agreement Area" (twice appearing) Delete "Commencement" Delete "on behalf of the Claimants": Delete "it being acknowledged as at the Commencement Date" 4.1(a)(i) Delete All Insert "no longer relevant" 4.1(a)(ii) Delete All Insert "no longer relevant" 4.1(b) Delete "or Havilah" Delete "or Havilah" 4.2 Delete "and Havilah" 4.3(c)(iii) Delete "Claimants" Insert "Native Title Holders" 4.5(a) After "Adnyamathanha" insert "and/or Wilyakali" (twice appearing) 4.5(b) After "Adnyamathanha" insert "and/or Wilyakali" 4.7 Chapeau Delete"Each of the Company and Havilah covenant" Insert "The Company covenants" Delete "and Havilah" Delete all words appearing in parentheses 4.8 Delete "Each of the Company and Havilah covenants" Insert "The Company covenants" Delete "or Havilah" Insert "Native Title Holders" Delete "or the Extended Agreement Area"(twice appearing) Delete "and Havilah" Delete "Claimants"" 4.9 Delete all after "fall due" 5.1 Delete " and Havilah complies with their" Insert"the Company complies with its" Delete "Claimants" Insert "Native Title Holders" Delete "or Havilah" Delete "and the Extended Agreement Area" 5.3 Delete "Each of the Named Applicants and ATLA covenants that they" Insert "The PBC covenants that it"" Delete "each" Insert "Native Title Holders" Delete "Claimants" 6.1(a) Delete "any Mining Lease granted in relation to the area of the Current Applications" Insert "the ML" 6.1(b) Delete All Insert "no longer relevant" 6.2 Delete "or Havilah" 6.3 Delete all Insert "no longer relevant" 6.4 heading After "Registration of Agreement" insert "- Section 63R" 6.4 Delete All Insert:
(a) The Parties acknowledge that, prior to the Effective Date, Mining Operations have been carried out in respect of the Agreement Area pursuant to a native title mining agreement duly registered under Part 9B of the Mining Act. (b) The Parties agree that this Agreement is intended to be, and shall comprise, a fresh agreement for the purposes of s63R of the Mining Act and to the extent that further action, deed or thing is required on the part of any Party in order to obtain registration (or continued registration) of the terms of this Agreement as a native title mining agreement under Part 9B of the Mining Act, each Party agrees promptly to undertake such further action, deed or thing 7.1 Chapeau Delete first sentence Insert "A Consultation Committee consisting of representatives from each of the Parties (Portia Consultation Committee) has been formed" 7.1(c) Delete "Claimants" Insert "Native Title Holders" 7.1(d) Delete All Insert "no longer relevant" 7.3 Delete "3" Insert "4" Delete ",however, any of the Named Applicants is entitled to attend meetings by advising the Company in writing prior to such meeting" Insert "PBC, who is a Native Title Holder" Delete "Claimant group" 7.4 Delete "the Claimants" Insert "PBC's representatives" Delete "2,500" Insert "3,000" 7.5 Delete "Commencement" Insert "Effective" 8 Delete all Insert "no longer relevant" 9.1 Delete All Insert "9.1 Issue of Shares (a) The PBC acknowledges that Compensation Shares were issued by Havilah in accordance with directions of ATLA prior to the Effective Date by way of compensation to the then claimants (who are also, subject to the CD occurring, to be among the holders of) native title rights and interests in respect of the East Area and (b) the PBC acknowledges and agrees that the PBC shall make no claim against the Company or CMC in respect, or arising out, of the issue of the Compensation Shares" 9.2 Delete all Insert "no longer relevant" 9.3 Delete all Insert "no longer relevant" 9.4 Chapeau Delete "the issue" Insert "the prior issue" Delete "to them or for their benefit" Insert "for the benefit of the Native Title Holders" 9.4(a) Delete "or those of Havilah within the Agreement Area or the Extended Agreement Area" After the word "Agreement" (last appearing) insert "both prior to and after the Effective Date" 9.4(b) Delete "that in the event of an Approved Determination of Native title in favour of the Claimants" Insert "that following the making of the CD in favour of the Native Title Holders" Delete "Claimants" Insert "the PBC or the Native Title Holders" 10.1 Delete All Insert "The PBC acknowledges that an initial payment was made to ATLA following registration under Part 9B of the Mining Act of a native title mining agreement dated 1 May 2008." 10.3 Delete "the Commencement Date" Insert "1 May 2008" 11.1 Delete "Claimants" (first and second appearing) Insert "Native Title Holders" 11.2 Delete "Claimants" Insert "Native Title Holders" 12 Chapeau Delete "Current Applications" Insert "ML" 12.1 Delete "Current Applications" Insert "ML" 13 Delete All Insert "No longer relevant" 14.1 Chapeau Delete "Havilah" Insert "CMC" Delete "or the Extended Agreement Area" 14.1 (b) Delete "Havilah" Insert "CMC" 14.1(c) Delete "Havilah" Insert "CMC" 14.2 "Havilah" (wherever appearing) Insert "CMC" 14.3 Delete all after "except to a" Insert "new registered native title body corporate in respect of the native title rights and interests in relation to the East Area" 16.1 Delete "Dr Bob Johnson" Insert "Stephen Radford OAM Delete "63 Conyngham Street, Glenside, SA 5065" Insert "18 Kanandah Road, Broken Hill, NSW 2880" Delete "83389292" Insert "(08) 8088 5810" Delete "Facsimile: (08) 83389293" Insert "steve@conmc.net.au" Delete "Legal Representative - SC99/1 claim being the solicitors of record named from time to time on the Federal Court file Insert "For the PBC C/- Johnston Withers SANTS Attention Mr Graham Harbord Attention: Senior Legal Officer for NAWNTAC 17 Sturt St ADELAIDE SA 5000 345 King William St Facsimile: (08) 8231 1230" Adelaide 5000 Tel: 1800 010 360" 16.2 Chapeau Delete "facsimile" Insert "email" 16.2(c) Delete all Insert "If sent by email, at 9am on the next business day following transmission, where business days means a day that is not a Saturday, Sunday or a declared public holiday in South Australia." 17.1(b) Delete "Claimants or the Named Applicants" Insert "PBC or the Native Title Holders" Delete "Havilah" Insert "CMC" 17.3 heading Delete "Havilah" Insert "CMC" 17.3 Delete "Havilah" (Wherever appearing) Insert "CMC" 17.4 Delete "or Havilah" Insert "or CMC" 18.9(a) Delete "Havilah" Insert "CMC" 18.9(d) Delete "Havilah" Insert "CMC" 19 Delete "The persons executing this Agreement as Named Applicants warrant that they have" Insert "The PBC warrants that it has" 22 Delete All Insert "No longer relevant" 23.1 Delete first sentence Insert "the PBC acknowledges" Delete "The Claimants also acknowledge" 23.2 Delete "2,000" Insert "2,500" 24.2 Delete All Insert "no longer relevant" 24.3 Delete "or within the Extended Agreement Area" 25 heading Delete "Havilah Guarantees Obligations" Insert "CMC Guarantees Obligations" 25 Delete "Havilah" Insert "CMC" Schedule 1 Item 1 para 3 Delete "Claimants" Insert "PBC, Native Title Holders" Schedule 1 Delete "Adnyamathanha" wherever it appears Insert "Adnyamathanha and/or Wilyakali" Schedule 2 Definition of the Company Delete "Benagerie Gold Pty Ltd" Insert "Benagerie Gold & Copper Pty Ltd" Delete "or Havilah" Insert "or CMC" Paragraph 3.3(b) Delete "Claimants" Insert "Native Title Holders" After "tradition" insert "comprising an equal number of Adnyamathanha and Wilyakali native title holders" Paragraph 5.2(a) Delete "by the Claimants" (wherever appearing) Paragraph 6.3 Delete "150" Insert"190" Delete "100" Insert "126" Paragraph 6.4 Delete "Three Hundred and Seventy Five ($375.00)" (wherever appearing) Insert "$535" Paragraph 8.5 Delete "Claimants" (in respect of the 2nd occurrence) "Native Title Holders" Paragraph 9 Delete "every two years from the date of this Agreement" Insert "on 30 June 2018 and thereafter on every 2nd anniversary of that date" At the end of the sentence insert "over the intervening two year period" Schedule 3 Delete "Claimants and members of the Claimant group" Insert "Native Title Holders" Paragraph 2.7 Schedule 4 Paragraph 6 Delete "Claimants" Insert "Survey Team" Schedule 6 heading Delete "GRANTED" body Delete all Insert "ML No 6346 held by Benagerie Gold & Copper Pty Ltd" Schedule 7 Party Details Delete all Insert "[insert details for Benagerie Gold & Copper Pty Ltd as "the Company", Consolidated Mining & Civil Pty Ltd as "CMC" and the PBC current as at the date of signing]" Clause 2.2 Delete "Current Applications" Insert "Tenements" Clause 2.3 Delete "2,000" Insert "2,500" Delete "Commencement" Insert "Effective" Execution panels Delete all Insert "[insert relevant execution panels for each party to the deed current as at the date of signing]" Annexure A Delete "Granted" Heading Delete "and the Extended Agreement Area" Annexure B In the third paragraph from the bottom delete "has" Prior to the penultimate paragraph insert the following "In July 2018 Benagerie became a sole subsidiary of Consolidated Mining & Civil Pty Ltd" Delete"Further technical details of the Portia North Portia gold and copper deposits may be obtained from Havilah Resources website: www.havilah-resources.com.au and in various announcements to the Australian Stock Exchange" Insert "Further technical details of the Porth North Portia gold and copper deposits may be found in historical announcements to the Australian Stock Exchange made by Havilah"
TABLE 2 - Amendments to Novated Exploration Mining Agreements Clause Delete Existing Text Insert New Text
13 Chapeau After "facsimile" insert "or email" 13.1 Delete all For the Company: C/- Renascor Resources Ltd 36 North Terrace, Kent Town, SA 5067 Attention: Managing Director Email: david.christensen@renascor.com.au 13.2 Delete all Insert "For the PBC: SANTS Attention: Senior Legal Officer for NAWNTAC 345 King William St Adelaide 5000 Tel: 1800 010 360" 19.1 Delete "upon execution by both parties" Insert "on the Registration Date as defined in the Consent Determination" 19.2 Delete all Schedule One Delete the table of Tenements, Status and Registered Holders Insert: "Tenements Holders" EL 5585(formerly EL4394) Astra Resources Pty Ltd
SCHEDULE 10 - ASSETS OF SA POWER NETWORKS CONDUCTORS ASSET TYPE OPERATING PARCEL ID CT REF HUNDRED CD Area VOLTAGE Overhead High Voltage Conductor 19kV H360100S250 CR5762 867 CAVENAGH West Area Overhead High Voltage Conductor 19kV H360100S251 CR5762 868 CAVENAGH West Area Overhead High Voltage Conductor 11kV H311000S311 CR5746 420 WALLOWAY West Area Underground Low Voltage Service Conductor 433V H311000S336 CR5755 853 WALLOWAY West Area Underground Low Voltage Conductor 433V H311000S336 CR5755 853 WALLOWAY West Area Overhead High Voltage Conductor 11kV H311000S336 CR5755 853 WALLOWAY West Area Overhead High Voltage Conductor 11kV H311000S337 CR6076 277 WALLOWAY West Area Underground Low Voltage Service Conductor 433V H311000S340 CR5755 854 WALLOWAY West Area Overhead Low Voltage Conductor 433V H311000S340 CR5755 854 WALLOWAY West Area Overhead High Voltage Conductor 11kV H311000S345 CR6076 277 WALLOWAY West Area Overhead High Voltage Conductor 11kV H311000S348 CR6076 277 WALLOWAY West Area Overhead High Voltage Conductor 11kV H311000S348 CR6076 277 WALLOWAY West Area Overhead High Voltage Conductor 11kV H311000S362 CR5755 853 WALLOWAY West Area Underground Low Voltage Service Conductor 433V H311000S362 CR5755 853 WALLOWAY West Area Overhead High Voltage Conductor 19kV H311000S425 CR5762 805 WALLOWAY West Area Overhead High Voltage Conductor 11kV H311000S500 CR5762 811 WALLOWAY West Area Overhead Low Voltage Conductor 240V H311000S500 CR5762 811 WALLOWAY West Area
TRANSFORMERS DCDBID TITLE REF CD Area Name TF TYPE ASSET TYPE INPUT (V) OUTPUT (V) COUNT H311000S362 CR5755/853 West Area WALLOWAY Pole Mounted Pole Mounted Transformer 11kV 433V 1 H311000S500 CR5762/811 West Area WALLOWAY Pole Mounted Pole Mounted Transformer 11kV 240V 1
WHITE J: 1 Each of the Adnyamathanha, Ngadjuri and Wilyakali Peoples have lodged applications for the determination of native title in respect of large areas of land in the east of South Australia. To varying extents, the areas claimed in each application overlapped. The parties have now agreed that there is one single society made up of the three groups which holds native title over the area and join in asking the Court to make a determination of native title by consent. 2 These reasons explain why I consider it appropriate to give effect to the parties' agreement.
The applications 3 The first application in time is the Adnyamathanha No 1 Native Title Determination application (SAD6001/1998). This application was made in respect of extensive areas of land in the north and east of South Australia. A number of consent determinations have previously been made over separate areas of the land claimed in that application. 4 The Ngadjuri Nation Native Title Determination application was lodged on 12 October 2010 (SAD147/2010). 5 The Wilyakali No 2 Native Title Determination application was lodged on 25 November 2015 (SAD417/2015). 6 By an order of the Court made on 26 February 2018, the claims were combined into a single overlap proceeding in order to give effect to s 67 of the Native Title Act 1993 (Cth) (the NT Act). 7 The Overlap Proceeding has proceeded in Action SAD6001/1998. 8 The effect of the determination is that there will be a determination of native title in respect of the whole of the undetermined parts of the Adnyamathanha application and in respect of the whole of the areas claimed in the Ngadjuri and Wilyakali applications.
The Determination Area 9 The area which is the subject of the determination is described in its Schedule 1. Looked at very generally, it has a rectangular shape and is on a southwest-northeast axis. The southern boundary follows a reasonably direct line from a point just west of Orroroo in the southwest to Mingary at the eastern most point (in part following the alignment of the Barrier Highway). The western boundary follows the alignment of RM Williams Way between Orroroo and Cradock at the north-western point of the determination area. The eastern boundary runs north-north west from Mingary to the south-eastern most point of the Adnyamathanha No 1 Claim. The north eastern part of the claim area adjoins the area claimed by the Malyankapa Peoples. The northern boundary of the determination area (which is not in a continuous straight line) follows generally the boundaries of pastoral leases. 10 The determination area is divided into three areas (West, Central and East) which reflect the areas of different responsibilities of the applicant groups. These areas are identified with precision in the maps forming part of Schedule 1. 11 A combination of Adnyamathanha People and Ngadjuri People will be recognised as the native title holders for the West area; a combination of all three People will be recognised as the native title holders for the Central area; and a combination of Adnyamathanha People and Wilyakali People will be recognised as the native title holders for the East area.
The Court's power 12 Section 87 of the NT Act permits the Court to make a determination by consent, and without conducting a trial, if it is satisfied of a number matters: (a) the period specified in the notice given under s 66 of the NT Act has ended (s 87(1)); (b) there is agreement between the parties on the terms of an order of the Court in relation to the proceedings (s 87(1)(a)(i)); (c) the terms of the agreement are in writing, signed by or on behalf of the parties, and filed with the Court (s 87(1)(b)); (d) the Court is satisfied that an order in, or consistent with, the terms agreed upon by the parties is within the power of the Court (s 87(1)(c)); and (e) the Court is satisfied that it is appropriate to make the orders sought (ss 87(1) and (2)). 13 The first three of these requirements are of a more formal or procedural kind. They are satisfied in the present case. For the reasons which I will elaborate below, I am satisfied that the terms of the proposed determination are within the Court's power and that it is appropriate to make the determination.
Matters of approach 14 The requirement that the Court be satisfied that it is appropriate to make a proposed determination reflects the fact that a determination of native title, even when made by consent, binds the community generally, and not just the parties to the proceeding in which the determination is made: Munn (for and on behalf of the Gunggari People) v Queensland [2001] FCA 1229; (2001) 115 FCR 109 at [22]. 15 The NT Act encourages parties to reach agreement with respect to claims of native title. That is an aspect of the overall policy of the Act and there are, in addition, the advantages for all in the avoidance of the need for a trial. Sections 87 and 87A of the NT Act allow the Court to give effect to agreements by the making of consent determinations. 16 When considering a request by parties for a consent determination, the Court has regard to the policy just mentioned and of course to the parties' agreement. The Court also places particular reliance on State and Territory parties to native title proceedings. In Smith v State of Western Australia [2000] FCA 1249; (2000) 104 FCR 494 at [38], Madgwick J said: … State governments are necessarily obliged to subject claims for native title over lands and waters owned and occupied by the State and State agencies, to scrutiny just as careful[ly] as the community would expect in relation to claims by non-Aborigines to significant rights over such land. … 17 In King on behalf of the Eringa Native Title Claim Group v State of South Australia [2011] FCA 1386; (2011) 285 ALR 454 at [19], Keane CJ spoke of the role of the States and Territories as follows: [19] More recently, the Court has been prepared to rely upon the processes of the relevant State or Territory about the requirements of s 223 being met to be satisfied that the making of the agreed orders is appropriate. That is because each State and Territory has developed a protocol or procedure by which it determines whether native title (as defined in s 223) has been established. It acts in the public interest and as the public guardian in doing so. It has access to anthropological, and where appropriate, archaeological, historical and linguistic expertise. It has a legal team to manage and supervise the testing as to the existence of native title in the claimant group. Although the Court must, of course, preserve to itself the question whether it is satisfied that the proposed orders are appropriate in the circumstances of each particular application, generally the Court reaches the required satisfaction by reliance upon those processes. They are commonly explained in the joint submissions of the parties in support of the orders agreed. ... 18 In Lovett on behalf of the Gunditjmara People v State of Victoria [2007] FCA 474, North J said: [36] … The Act is designed to encourage parties to take responsibility for resolving proceedings without the need for litigation. Section 87 must be construed in this context. The power must be exercised flexibly and with regard to the purpose for which the section is designed. [37] In this context, when the Court is examining the appropriateness of an agreement, it is not required to examine whether the agreement is grounded on a factual basis which would satisfy the Court at a hearing of the application. The primary consideration of the Court is to determine whether there is an agreement and whether it was freely entered into on an informed basis: Nangkiriny v State of Western Australia (2002) 117 FCR 6; [2002] FCA 660, Ward v State of Western Australia [2006] FCA 1848. Insofar as this latter consideration applies to a State party, it will require the Court to be satisfied that the State party has taken steps to satisfy itself that there is a credible basis for an application: Munn v Queensland (2001) 115 FCR 109; [2001] FCA 1229. There is a question as to how far a State party is required to investigate in order to satisfy itself of a credible basis for an application. One reason for the often inordinate time taken to resolve some of these cases is the overly demanding nature of the investigation conducted by State parties. The scope of these investigations demanded by some States is reflected in the complex connection guidelines published by some States. 19 Consistently with the approach stated in these authorities, the Court does not, on an application pursuant to s 87 or s 87A, examine the underlying evidence with a view to satisfying itself that it would justify a determination following a full hearing. Instead, the Court considers whether the agreement was freely entered into on an informed and rational basis, that the parties were acting in good faith, and that the State or Territory party has taken steps to satisfy itself that there is a credible basis for the application. 20 The Court is aware that the State of South Australia has developed a rigorous process for assessing evidence in native title claims against the requirements of the NT Act. The process is outlined in a policy document published by the State entitled "Consent Determinations in South Australia: A Guide to Preparing Native Title Reports" (the CD Policy). 21 In the present case, the State has, in accordance with the CD Policy, conducted a lengthy and rigorous assessment of the evidence provided by the applicants in support of the claim. This has involved it assessing anthropological and historical evidence submitted by the claimants as well as making its own independent enquiries. 22 The Court accepts that the State has had regard to a large volume of material. It had previously considered some of that material in relation to the consent determinations in respect of portions of the Adnyamathanha No 1 Claim. The joint submissions of the parties indicate that the State has had regard to some 18 reports from anthropologists, nine statements from members of the Ngadjuri People, 29 statements from members of the Adnyamathanha People, interviews with members of the Ngadjuri People conducted in October 2010, as well as other materials in the nature of submissions, position statements, and photographs.
Mandatory requirements 23 Section 94A of the NT Act requires that a determination of native title set out details of the matters mentioned in s 225. Section 225 provides: 225 Determination of native title A determination of native title is a determination whether or not native title exists in relation to a particular area (the determination area) of land or waters and, if it does exist, a determination of: (a) who the persons, or each group of persons, holding the common or group rights comprising the native title are; and (b) the nature and extent of the native title rights and interests in relation to the determination area; and (c) the nature and extent of any other interests in relation to the determination area; and (d) the relationship between the rights and interests in paragraphs (b) and (c) (taking into account the effect of this Act); and (e) to the extent that the land or waters in the determination area are not covered by a non-exclusive agricultural lease or a non-exclusive pastoral lease - whether the native title rights and interests confer possession, occupation, use and enjoyment of that land or waters on the native title holders to the exclusion of all others. Note: The determination may deal with the matters in paragraphs (c) and (d) by referring to a particular kind or particular kinds of non-native title interests. 24 The term "native title rights and interests" used in s 225(b) is defined in s 223(1) of the NT Act relevantly as follows: Common law rights and interests (1) The expression native title or native title rights and interests means the communal, group or individual rights and interests of Aboriginal peoples or Torres Strait Islanders in relation to land or waters, where: (a) the rights and interests are possessed under the traditional laws acknowledged, and the traditional customs observed, by the Aboriginal peoples or Torres Strait Islanders; and (b) the Aboriginal peoples or Torres Strait Islanders, by those laws and customs, have a connection with the land or waters; and (c) the rights and interests are recognised by the common law of Australia. Hunting, gathering and fishing covered (2) Without limiting subsection (1), rights and interests in that subsection includes hunting, gathering, or fishing, rights and interests. 25 Section 223(1) was considered by the High Court in Members of the Yorta Yorta Aboriginal Community v State of Victoria [2002] HCA 58; (2002) 214 CLR 422 and by Mansfield J in Risk v Northern Territory of Australia [2006] FCA 404. It is established that there must be a recognisable group or society which presently recognises and observes traditional laws and customs in the area of the proposed determination. Matters bearing upon the identification of that group or society include: (a) that the members of the society are united in and by their acknowledgement and observance of a body of accepted laws and customs; (b) the present day body of accepted laws and customs of the society is in essence the same body of laws and customs acknowledged and observed by the ancestors of members of the society adapted to modern circumstances; and (c) the acknowledgement and observance of those laws and customs has continued substantially uninterrupted by each generation since sovereignty and the society has continued to exist throughout the period as a body united in and by its acknowledgement and observance of those laws and customs. 26 Accordingly, the present applicants must possess rights and interests under the traditional laws acknowledged and the traditional customs observed by them and, by those laws and customs, have a connection to the land and waters of the determination area: Far West Coast Native Title Claim v State of South Australia (No 7) [2013] FCA 1285 at [38]-[39]. 27 As already indicated, originally each of the applicant groups put forward their own claim in respect of the claim area. However, in late 2010, the three groups came together to provide anthropological evidence indicating that a single society made up of the three groups holds native title over the area. There followed mediation and conferences convened by the Court. Anthropologists engaged by each of the applicants, Mr Graham, Ms Jarvis and Dr Vachon, accept that the society which existed at the time of sovereignty comprised or included people who today identify as Adnyamathanha, Ngadjuri and Wilyakali bound together by mutually observed laws and customs and thus form a single society. The group shares key laws and customs including a matrilineal moiety system and mura which facilitate agreeable interactions between them, with the consequence that they may be treated as component parts of one society. As the joint submissions indicated, the position is analogous to that of the Torres Strait Islander People discussed by Finn J in Akiba v Queensland (No 3) [2010] FCA 643; (2010) 204 FCR 1 at [488]. 28 The anthropologist retained by the State, Mr McCaul, agrees that a determination reflecting the three groups as one society is appropriate. Independent counsel retained by the State who has reviewed the material supports the same conclusion. 29 In October 2016, the State distributed a position paper describing the process it had undertaken and the reasons for the recommendation by the Crown Solicitor's Office for a consent determination. Since that time, the principal parties have engaged in further negotiations concerning, in particular, native title mining agreements. It is appropriate to add that, on two separate occasions, the Court had put in place a timetable for a trial of the issues in the Overlap Proceedings. 30 Although they are not frequent, there have been a number of cases in which composite communities or groups have been found to constitute a wider society acknowledging traditional laws and observing traditional customs from which native title rights and interest of members of the composite group have derived. These include Daniel v Western Australia [2004] FCA 849, (2004) 138 FCR 254; Sampi on behalf of the Bardi and Jawi People v State of Western Australia [2005] FCA 777; Eringa, Eringa (No 2), Wangkangurru/Yarluyandi and Irrwanyere Mt Dare Group Claims [2008] FCA 1370; McNamara on behalf of the Gawler Ranges People v State of South Australia [2011] FCA 1471; Budby on behalf of the Barada Barna People v State of Queensland (No 7) [2016] FCA 1271; and Far West Coast Native Title Claim v State of South Australia (No 7) [2013] FCA 1285. 31 Turning to more specific matters, cl 2 of the Determination identifies, with appropriate particularity, the determination area, including the areas comprising the West, Central and East areas. The State has conducted a thorough tenure assessment and the parties are agreed as to the effect on native title of various tenures granted in the determination area. 32 Clause 4 of the Determination identifies, by reference to Schedule 3, the areas in which it is agreed that native title has been extinguished. 33 Clause 6 of the Determination identifies the native title holders, as required by s 225(a). As indicated earlier, in respect of the West area, the holders are members of the Adnyamathanha and the Ngadjuri; in respect of the Central area, the holders are members of the Adnyamathanha, Ngadjuri and Wilyakali; and in respect of the East area, the holders are members of the Adnyamathanha and the Wilyakli. Clause 6 provides, by reference to Schedules 4, 5 and 6, the criteria by which the native title holders in respect of each area are determined. 34 In relation to the requirements in s 225(b), cll 7-10 inclusive of the determination identifies the nature and extent of the native title rights and interests held by the native title holders in their respective parts of the determination area. 35 In relation to s 225(c), cl 11 of the determination identifies with appropriate particularity the other rights and interests in relation to the determination area. Clauses 12-14 identifies, as required by s 225(d), the relationship between the native title rights and interests, and the other interests. 36 Clause 8 of the determination provides that the native title rights and interests do not confer possession, occupation, use and enjoyment of the determination area on the native title holders to the exclusion of others. 37 Sections 55 and 56 of the NT Act require that the Court determine whether the native title be held on trust and, if so, by whom. Clause 15 of the determination provides that the native title is not be held on trust. 38 It is appropriate to refer to some remaining discretionary matters. 39 All but one of the parties consenting to the determination have had independent legal advice in the proceedings. The one party which has not had legal representation, Bush Heritage Australia, has had the assistance of a legal practitioner and there is no reason to believe that it has been disadvantaged by the lack of formal representation. 40 The parties have also agreed that the fact that the native title group is a combination of three groups, should not have the effect of increasing the burdens on other interest holders and third parties (including future interest holders and third parties). For this purpose, there will be a single Registered Native Title Body Corporate with single processes for future acts or Aboriginal heritage purposes. 41 There has been compliance with all of the requirements of the NT Act. 42 As indicated earlier, it is important to have regard to the fact that the applicants and the State, through competent legal representation, are satisfied that a consent determination is appropriate in the terms contained in the determination.
Conclusion 43 For the reasons stated above, I am satisfied that it is appropriate to make the determination on which the parties have agreed. 44 It is appropriate to emphasise that the determination is not in the nature of the grant of a new interest in land to the native title holders. Instead, it is a declaration that the native title rights and interests exist and that they have always existed, at least since European settlement. I certify that the preceding forty-four (44) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice White.
Associate: Dated: 14 December 2018 SCHEDULE SAD 6001 of 1998
Adnyamathanha No 1 Native Title Claim (SAD6001/1998) First Applicant: ANGELINA STUART First Applicant: BEVERLEY PATTERSON First Applicant: THATHY (GERALDINE) ANDERSON First Applicant: MARK MCKENZIE (SNR)
Wilyakali No 2 Native Title Claim (SAD417/2015) Third Applicant: JANET CROWE Third Applicant: RICHARD EDGE Third Applicant: ELIZABETH HUNTER Third Applicant: BRIAN BATES Third Applicant: MAUREEN O'DONNELL Respondents Respondent: COMMONWEALTH OF AUSTRALIA Respondent: DISTRICT COUNCIL OF ORROROO/CARRIETON Respondent: THE FLINDERS RANGES COUNCIL Respondent: AESTAS PTY LTD Respondent: ALPANA PTY LTD Respondent: FREDERICK SPENCER HOWE DOMAN Respondent: MARGARET CAMPBELL DOMAN Respondent: THOMAS ALASTAIR DOMAN Respondent: HGM PASTORAL PTY LTD Respondent: IAN C FERGUSON NOMINEES PTY LTD Respondent: JILL LARRITT Respondent: ELSPETH MARY DOMAN Respondent: ANDREW SPENCER DOMAN Respondent: CR & S PTY LTD Respondent: COMMODORE STATION PTY LTD Respondent: RICHARD BURY Respondent: DENIS F BEST Respondent: FRANCIS CAPOWIE PTY LTD Respondent: MOOLOOLOO PROPRIETORS PTY LTD Respondent: JAMES RANEMBE MORGAN Respondent: MUTOOROO PASTORAL COMPANY PTY LTD Respondent: ANNE NEED Respondent: NILPENA PARTNERS Respondent: BRENTON JOHN LUCKRAFT Respondent: ORATANA PTY Respondent: PARTACOONA PAST CO PTY LTD Respondent: QUINYAMBIE PASTORAL CO PTY LTD Respondent: GRAHAM ANDREW RAGLESS Respondent: OLARY INVESTMENTS PTY LTD Respondent: PAULINE ANN RAGLESS Respondent: RICHARD WILLIAM RAGLESS Respondent: RETEP PTY LTD Respondent: PHILLIP LEONARD SEARLE Respondent: SOUTH AUSTRALIAN FARMERS FEDERATION Respondent: GRISELDA SPRIGG Respondent: DOUGLAS P SPRIGG Respondent: MARGARET SPRIGG Respondent: TEETULPA PASTORAL CO PTY LTD Respondent: DAVID JOHN WARWICK Respondent: RICHARD MARCHANT WARWICK Respondent: WITCHELINA PTY LTD Respondent: WOODLENE PTY LTD Respondent: WINNIFRIED FARGHER Respondent: REX FARGHER Respondent: WILLIAM RESCHKE Respondent: CATHERINE DRIVER Respondent: DARREL FARGHER Respondent: WARREN FARGHER Respondent: JA SMITH Respondent: PO SMITH Respondent: DJ SMITH Respondent: JO SMITH Respondent: PA SMITH Respondent: JULIE RESCHKE Respondent: ROY DRIVER Respondent: EPIC ENERGY SOUTH AUSTRALIA PTY LTD Respondent: SOUTH AUSTRALIAN APIARISTS ASSOCIATION INC Respondent: TELSTRA CORPORATION LIMITED Respondent: SA POWER NETWORKS (FORMERLY KNOW AS ETSA UTILITIES) Respondent: DISTRICT COUNCIL OF PETERBOROUGH Respondent: AJ & PA MCBRIDE LIMITED Respondent: BOSS URANIUM PTY LTD Respondent: WILLIAM CRAWFORD Respondent: BILLEROO WEST PTY LTD Respondent: BUSH HERITAGE AUSTRALIA Respondent: BENAGERIE GOLD AND COPPER PTY LTD Respondent: YARRAMBA PASTORAL PTY LTD Respondent: KALKAROO PASTORAL CO PTY LTD
Coulthard
State of South Australia
(2010) 204 FCR 1
(2004) 138 FCR 254
(2011) 285 ALR 454
(2002) 214 CLR 422
(2001) 115 FCR 109
(2000) 104 FCR 494
(2002) 117 FCR 6