Croft on behalf of the Barngarla Native Title Claim Group v State of South Australia

Federal Court of Australia|2018-04-06|Before: Ms J, White J

Number of paragraphs: 25

Counsel for the Applicant: Mr N Llewellyn-Jones

Solicitor for the Applicant: Norman Waterhouse

Counsel for the State of South Australia: Ms T Kennedy with Ms S Hoffmann

Solicitor for the State of South Australia: Crown Solicitor

Counsel for BHP Billiton Olympic Dam Corporation Pty Ltd: Ms J Pitos appeared by telephone

Solicitor for BHP Billiton Olympic Dam Corporation Pty Ltd: Ashurst

Counsel for the commercial fishing licence holders, pastoral leaseholders and SA Apiarist Association: Ms A Gillam

Solicitor for the commercial fishing licence holders, pastoral leaseholders and SA Apiarist Association: Mellor Olsson

Counsel for SA Power Networks: Ms S Gaertner

Solicitor for SA Power Networks: Johnson Winter and Slattery

Counsel for the pastoralists: Ms R Caruso

Solicitor for the pastoralists: Piper Alderman

Counsel for Epic Energy South Australia Pty Ltd, Onesteel Manufacturing Pty Ltd and St John Ambulance: Mr E Vickery

Solicitor for Epic Energy South Australia Pty Ltd, Onesteel Manufacturing Pty Ltd and St John Ambulance: Minter Ellison

Counsel for local government interests: Ms J Dnistrianski

Solicitor for local government interests: DMAW Lawyers

3 May 2018 In Order 1, the date "23 June 2017" is replaced with "23 June 2016".

3 May 2018 In paragraph 25(1) of the Reasons, the date "23 June 2017" is replaced with "23 June 2016".

BETWEEN: BARRY CROFT AND OTHERS ON BEHALF OF THE BARNGARLA NATIVE TITLE CLAIM GROUP (and others named in the Schedule) Applicant

AND: STATE OF SOUTH AUSTRALIA (and others named in the Schedule) Respondent

JUDGE: WHITE J DATE OF ORDER: 6 APRIL 2018

THE COURT ORDERS THAT:

The Determination of native title made on 23 June 2016 in Croft on behalf of the Barngarla Native Title Claim Group v State of South Australia (No 2) [2016] FCA 724 be amended in accordance with the Amended Determination attached as Annexure A to this order, noting that because of the size of the Determination Annexure A comprises only: (a) pages i to xv inclusive of the Amended Determination; (b) the first page of any Schedule which is amended; and (c) the particular pages within each Schedule which are amended.
Order 2 made on 23 June 2016 be vacated.
In its place there be an order that the Determination as amended take effect from the date of this order.
The Applicant is by 13 April 2018 to file an unmarked up copy of the complete Determination as amended. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011. Annexure A: Amended Determination Order Entered No: SAD6011/1998 Amended pursuant to the orders made by White J on 6 April 2018. Federal Court of Australia District Registry: South Australia Division: General BARNGARLA NATIVE TITLE CLAIM BARRY CROFT and others named in Schedule 10 Applicant STATE OF SOUTH AUSTRALIA and others named in Schedule 10 Respondent ORDER JUDGE: Mansfield J DATE OF ORDER: 23 June 2016 WHERE MADE: Adelaide

Preamble A Native Title Determination Application No. SAD 6011 of 1998 (the Application) was first lodged with the National Native Title Tribunal on 4 April 1996, and was referred to the Federal Court of Australia on 30 September 1998. A detailed history of the Application is set out in the reasons of this Court published on 22 January 2015 in Croft on behalf of the Barngarla Native Title Claim Group v State of South Australia [2015] FCA 9 (Croft). B In 2012 the Application was split, allowing the Port Augusta Town Area, which is subject to overlapping claims, to be dealt with separately from the remainder of the Application. C In November 2012, a hearing commenced to determine whether there has been, since sovereignty, a continuous acknowledgement and observance of the traditional Barngarla laws and customs under which rights and interests in land and waters are possessed, and have been handed down to the present day native title claim group, such that those rights and interests can be recognised and protected under the Native Title Act 1993 (Cth) (NTA). D On 22 January 2015 findings were handed down by this Court on the questions of connection that were before it (Croft). Since that time, the parties have been identifying and resolving issues of tenure and extinguishment. E The principal parties, including the Applicant, the State of South Australia (the State) and the other respondents (together, the Principal Parties) have now reached an agreement as to the terms of a determination of native title to be made in relation to the land and waters covered by the Application (excluding the Port Augusta Town Area) which orders give effect to the findings of this Court made on 22 January 2015 and to the agreed resolution of issues of extinguishment. F The Applicant and the State of South Australia have, since 23 June 2016, entered into an Indigenous Land Use Agreement, the Barngarla Determination ILUA, which: a) contains the agreement of the Applicant and the State that the vesting of Adjacent land and Subjacent land in the Minister under section 15(1)(a) of the Harbors and Navigation Act 1993 (SA) is a valid act to which the non-extinguishment principle applies. The effect of registration of the Barngarla Determination ILUA is that, pursuant to section 24EBA of the NTA and section 32B of the Native Title (South Australia) Act 1994 (SA), the validity of the vesting will be confirmed, and any extinguishing effect of the vesting will be changed so that the non-extinguishment principle will apply to the vesting of Adjacent land and Subjacent land which is within the Determination Area; and b) addresses parcels which, in the course of negotiating the tenure schedules, were agreed by the parties to be included into an Indigenous Land Use Agreement. 5. The State and the Applicant have identified a number of areas where it is appropriate to resolve issues of extinguishment through an Indigenous Land Use Agreement (the Barngarla Settlement ILUA. It is the intent of the Principal Parties that the Determination will take effect upon the Registration of the ILUA. G The Principal Parties acknowledge that the effect of the Determination coming into effect will be that the members of the native title claim group, in accordance with the traditional laws acknowledged and the traditional customs observed by them, will be recognised as the Native Title Holders for the Native Title Land. Being satisfied that a determination in the terms sought by the Principal Parties would be within the power of the Court and it appearing to the Court appropriate to do so: THE COURT ORDERS THAT:

There be a determination of native title in the Determination Area in the terms set out at paragraphs 5 to 201 below (the Determination).
The Determination will take effect on the date of this Amended Order. upon the Barngarla Settlement ILUA being registered on the Register of Indigenous Land Use Agreements.
In the event that the Barngarla Determination Settlement ILUA is not registered on the Register of Indigenous Land Use Agreements within 612 months of the date of this Order, or such later time as the Court may order, the matter is to be listed for further directions.
The Applicant, the State or any other respondent have liberty to apply on 14 days' notice to a single judge of the Court: (a) if that party considers it unlikely that the Barngarla Settlement ILUA will be finalised and registered on the Register of Indigenous Land Use Agreements within 12 months of the date of this Order; (b) to make consequential amendments to Schedules 2 to 7 as necessary to reflect the terms of the Barngarla Settlement ILUA; (c)(a) to establish the precise location and boundaries of any Public Works and adjacent land and waters referred to in items 2 or 3 of Schedule 6; (d)(b) to determine the effect on native title rights and interests of any Public Works as referred to in item 3 of Schedule 6. THE COURT DETERMINES THAT: Interpretation & Declaration
In this Determination, including its schedules: (a) unless the contrary intention appears, the words and expressions used have the same meaning as they are given in Part 15 of the NTA; (b) "Adjacent land" and "Subjacent land" have the meaning given to those terms in the Harbors and Navigation Act 1993 (SA); (c) "Native Title Land" means the land and waters referred to in paragraphs 8, 9 and 10 of these Orders; (d) "Port Augusta Town Area" means the area of this proceeding that is also covered by the Nukunu Native Title Application (SAD6012/1998) that was split from this proceeding pursuant to the Court Order of 12 November 2012; (e) "Reserves" means a reserve as defined in the National Parks and Wildlife Act 1972 (SA) and a Wilderness Protection Area or Wilderness Protection Zone under the Wilderness Protection Act 1992 (SA); and (f) in the event of an inconsistency between a description of an area in a schedule and the depiction of that area on the maps in Schedule 2, the written description shall prevail. Determination Area
Schedule 1 describes the external boundaries of the Determination Area (the Determination Area).
Other than the Port Augusta Town Area, to the extent that the area covered by the Application extends beyond the Determination Area, it is dismissed. Areas within Determination Area where native title exists (Native Title Land)
Subject to items 1, 2, 3 and 4 of Schedule 6, native title exists in the lands and waters described in Schedule 3.
Sections 47 or 47A of the NTA apply to those parcels or parts of parcels described in Schedule 4 and section 47B of the NTA applies to those parcels or parts of parcels described in Schedule 5. Subject to items 1, 2, 3 and 4 of Schedule 6, the prior extinguishment of native title rights and interests over those areas is disregarded and native title exists in those parcels or parts of parcels. 10.9. The Court notes that the State and the Applicant have entered into the Barngarla Determination ILUA, the effect of which is that upon it being registered on the Register of Indigenous Land Use Agreements, native title is recognised as existing in Adjacent land and that portion of Subjacent land that lies within the Determination Area, excluding those areas identified in Schedule 6, which is vested in the Minister under section 15(1)(a) of the Harbors and Navigation Act 1993 (SA) as identified on the maps at Schedule 2 and described in Schedule 7(1). Native title exists in those areas which are agreed as Native Title Land in the Barngarla Settlement ILUA. Areas within Determination Area where native title is extinguished

(b) the interests of the Crown in right of the State of South Australia; (c) any subsisting public right to fish in the Determination Area; (d) the public right to navigate in the Determination Area; (e) where applicable, the international right of innocent passage over waters affected by the Determination; (f) in relation to Reserves: (i) the rights and interests of the Crown in right of the State of South Australia pursuant to the National Parks and Wildlife Act 1972 (SA) and the Wilderness Protection Act 1992 (SA); and (ii) the rights and interests of the public to use and enjoy those Reserves consistent with the National Parks and Wildlife Act 1972 (SA) and the Wilderness Protection Act 1992 (SA); (g) the rights and interests of the Crown in right of the State of South Australia pursuant to the Harbors and Navigation Act 1993 (SA); (h) the interests of the registered proprietors of the lands set out in Schedule 4; (i) the interests of persons to whom valid or validated rights and interests have been granted or recognised by the Crown in right of the State of South Australia or by the Commonwealth of Australia pursuant to statute or otherwise in the exercise of executive power including, but not limited to, rights and interests granted or recognised pursuant to the Crown Land Management Act 2009 (SA), Crown Lands Act 1929 (SA), Mining Act 1971 (SA), Petroleum and Geothermal Energy Act 2000 (SA) and Opal Mining Act 1995 (SA), all as amended from time to time; (j) rights or interests held by reason of the force and operation of the laws of the State or of the Commonwealth; (k) the rights to access land by an employee or agent or instrumentality of the State, Commonwealth or other statutory authority as required in the performance of his or her statutory or common law duties where such access would be permitted to private land; (l) the rights and interests of all parties to the Indigenous Land Use Agreements listed in Schedule 8 arising by reason of those agreements; (m) the rights and interests of Telstra Corporation Limited (ACN 051 775 556): (i) as the owner or operator of telecommunications facilities within the Determination Area; (ii) 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: (1) to inspect land; (2) to install and operate telecommunications facilities; and (3) to alter, remove, replace, maintain, repair and ensure the proper functioning of its telecommunications facilities; (iii) for its employees, agents or contractors to access its telecommunications facilities in and in the vicinity of the Determination Area in performance of their duties; and (iv) under any lease, licence, access agreement or easement relating to its telecommunications facilities in the Determination Area, including but not limited to: (1) the Iron Knob Main Radio Terminal located within CR6054/711 (D71557A102), OH (Port Augusta); (2) the Mount Laura "CMTS" located within CR6140/886 (D9369A21), OH (Port Augusta); (3) the Tooligie Hill "SAGRN" located within CR5763/103 (H533000S49), Hundred of Tooligie; and (4) the Caralue Bluff "SAGRN" located within CR5764/682 (D37135A4), Hundred of Caralue; (n) the rights, interests and entitlements of SA Power Networks (a partnership of Spark Infrastructure SA (No.1) Pty Ltd, Spark Infrastructure SA (No.2) Pty Ltd, Spark Infrastructure SA (No.3) Pty Ltd, CKI Utilities Development Limited and PAI Utilities Development Limited) and its related and successor entities, including its rights, interests and entitlements: (i) to exercise its entitlements and discharge its obligations as the owner and/or operator of electricity infrastructure (as defined in the Electricity Act 1996 (SA)) (Electricity Act) and telecommunications facilities and infrastructure within the Determination Area including but not limited to existing infrastructure (Existing Infrastructure); (ii) to exercise its entitlements and discharge its obligations as the holder of a licence under the Electricity Act and/or as an electricity entity under the Electricity Act; (iii) to exercise its entitlements and discharge its obligations as the holder of a carrier licence under the Telecommunications Act 1997 (Cth); (iv) to install new electricity and telecommunications infrastructure on the Determination Area (New Infrastructure) and modify, maintain and repair Existing Infrastructure; (v) under easements, leases or licences (whether registered, unregistered, statutory or otherwise) relating to Existing Infrastructure or New Infrastructure on the Determination Area including but not limited to the Easements identified in Schedule 9 (Easements); (vi) to provide its employees, agents or contractors with access to Existing Infrastructure, New Infrastructure and the Easements on the Determination Area; and (vii) to the extent permitted by law, to restrain any person from performing any act, or compel any person to perform any act, for the purposes of ensuring that SA Power Networks complies with its obligations under any law, including, but not limited to, excluding any person from entering an area containing Existing Infrastructure or New Infrastructure for the purposes of maintaining the safety of any person and the security and protection of such infrastructure; (o) the rights and interests of each of the District Council of Ceduna, the District Council of Cleve, the District Council of Elliston, the District Council of Lower Eyre Peninsula, the District Council of Franklin Harbour, the District Council of Kimba, the District Council of Streaky Bay, the District Council of Tumby Bay, the Corporation of the City of Whyalla, the Flinders Ranges Council, Port Augusta City Council, City of Port Lincoln, Unincorporated Area of Whyalla, Wudinna District Council and the Outback Communities Authority: (i) under the Local Government Act 1934 (SA), the Local Government Act 1999 (SA) or the Outback Communities (Administration and Management) Act 2009 (SA); (ii) as an entity exercising statutory powers in respect of land and waters within the Determination Area; and (iii) in relation to dedicated land placed under its care, control and management pursuant to the Crown Land Act 1929 (SA) or the Crown Land Management Act 2009 (SA) (p) the rights and interests of Epic Energy South Australia Pty Ltd (formerly Tenneco Gas South Australia Pty Ltd) (Epic): (i) as: (1) holders of Pipeline Licence No. 1 (PL1) issued pursuant to the Petroleum Act 1940 (SA) on 12 March 1969 and renewed on 27 March 1990 pursuant to the Petroleum Act 1940 (SA) and continuing in force by the operation of clause 2 of the Schedule to the Petroleum Act 2000 (SA); (2) owner of the pipeline the subject thereof by virtue of having been a purchaser of the pipeline (as purchaser is defined in section 16 of the Natural Gas Authority Act 1967 (SA) as amended by the Pipelines Authority (Sale of Pipelines) Amendment Act 1995 (SA) (the Sale Legislation) from the former Pipeline Authority of South Australia (PASA, now the Natural Gas Authority of South Australia (NGASA)) pursuant to a Sale Agreement dated 30 June 1995 under the Sale Legislation; and (3) the holders of a statutory easement established by section 9 of the Sale Legislation; (ii) the statutory easement entitles Epic, inter alia, to install, maintain and operate the pipeline and to carry out authorised purposes including the installation, operation, inspection, extension, alteration, repair and removal of the pipeline or associated equipment and the carrying out of maintenance work on the pipeline or associated equipment; (iii) for Epic, its employees, agents and contractors (or any of them) to enter the Determination Area to access Epic's rights and interests and to do all things necessary to exercise those rights and interests and perform all obligations in the vicinity of the Determination Area in performance of their duties; (q) the rights and interests of Onesteel Manufacturing Pty Ltd created pursuant to The Broken Hill Proprietary Company, Limited's, Hummock Hill to Iron Knob Tramways and Jetties Act 1900 (SA), Hummock Hill to Iron Knob Tramway Extension Act 1927 (SA), Broken Hill Proprietary Company's Indenture Act 1937 (SA) (including the Indenture contained therein); and Whyalla Steel Works Act 1958 (SA) (including the Indenture contained therein); (r) the rights and interests of the holder from time to time of Pipeline Licence No. 2 (PL 2), who at the date of this determination is comprised of Santos Limited, Santos Petroleum Pty Ltd, Santos (BOL) Pty Ltd, Vamgas Pty Ltd, Reef Oil Pty Ltd, Alliance Petroleum Australia Pty Ltd, Bridge Oil Developments Pty Ltd, Delhi Petroleum Pty Ltd, Origin Energy Resources Limited, Basin Oil Pty Ltd and Santos (NARNL Cooper) Pty Ltd; (s) the rights and interests of Santos Limited, Santos Petroleum Pty Ltd, Santos (BOL) Pty Ltd, Vamgas Pty Ltd, Reef Oil Pty Ltd, Alliance Petroleum Australia Pty Ltd, Bridge Oil Developments Pty Ltd, Delhi Petroleum Pty Ltd, Origin Energy Resources Limited, Basin Oil Pty Ltd and Santos (NARNL Cooper) Pty Ltd under any lease, licence, easement, permit or agreement on the Native Title Land, including but not limited to: (i) the Port Bonython Section 240 Land Licence Agreement dated 1 August 2014; and (ii) the Port Bonython Jetty Licence Agreement dated 19 August 1985. and (t) the rights and interests of BHP Billiton Olympic Dam Corporation Pty Ltd: (i) in the Indenture (as amended) and ratified by the Roxby Downs (Indenture Ratification) Act 1982 (SA), and rights, powers, privileges and interests comprised in, conferred under or in accordance with or pursuant to that Indenture and the Roxby Downs (Indenture Ratification) Act 1982 (SA); (ii) in the Variation Deed amending the Indenture and ratified by the Roxby Downs (Indenture Ratification) (Amendment of Indenture) Amendment Act 2011 (SA), and rights, powers, privileges and interests comprised in, conferred under or in accordance with or pursuant to that Variation Deed amending the Indenture and the Roxby Downs (Indenture Ratification) (Amendment of Indenture) Amendment Act 2011 (SA); and (iii) for its employees, agents or contractors to enter the Determination Area to access BHP Billiton Olympic Dam Corporation Pty Ltd's rights and interests and to do all things necessary to exercise those rights and interests in the vicinity of the Determination Area in performance of their duties. 20.21. The relationship between the native title rights and interests in the Native Title Land that are described in paragraphs 145 and 156 and the other rights and interests that are described in paragraph 1920 (the Other Interests) is that: (a) to the extent that any of the Other Interests are inconsistent with the continued existence, enjoyment or exercise of the native title rights and interests, the native title rights and interests continue to exist in their entirety, but the native title rights and interests have no effect in relation to the Other Interests to the extent of the inconsistency during the currency of the Other Interests; (b) the existence and exercise of the native title rights and interests do not prevent the doing of any activity required or permitted to be done by or under the Other Interests, and the Other Interests, and the doing of any activity required or permitted to be done by or under the Other Interests, prevail over the native title rights and interests and any exercise of the native title rights and interests, but, subject to any application of the NTA or the Native Title (South Australia) Act 1994 (SA), do not extinguish them; (c) in relation to the land and waters set out in Schedules 4 and 5 the non-extinguishment principle applies in relation to the grant or vesting of the land, or the creation of any other prior interest in the land. AND THE COURT MAKES THE FOLLOWING FURTHER ORDERS: 21.22. Within 6 months of the date on which these Orders are made, the Applicant shall indicate to the Court in accordance with sections 56 and 57 NTA: (a) whether the Native Title Holders intend to have the native title held in trust, and if so nominate a prescribed body corporate to be the Trustee of the native title; or (b) if the native title is not to be held in trust, nominate a prescribed body corporate for the purpose of section 57(2) NTA. 22.23. On this Determination coming into effect: (a) ifwhere a prescribed body corporate is nominated in accordance with section 56 NTA to be the Trustee of the native title, the prescribed body corporate is to hold the native title rights and interests in trust for the Native Title Holders and shall perform the functions mentioned in section 57(1) NTA after becoming a registered native title body corporate; or (b) ifwhere the native title is not to be held in trust, the prescribed body corporate is to be the prescribed body corporate for the purpose of section 57(2) NTA, and shall perform the functions mentioned in section 57(3) NTA after becoming a registered native title body corporate. Date that entry is stamped: 27 June 2016 Deputy District Registrar SCHEDULE 2 - Maps Part A: Map of the external Boundaries of the Determination Area SCHEDULE 2 - Maps Part B: Maps depicting Native Title Land and areas within the Determination Area where native title is extinguished Please see maps provided separately SCHEDULE 3 - land and waters where native title exists (Native Title Land) Note: Please refer to Schedule 2 Part B for further detail where a portion of a parcel is indicated Parcel Identifier Hundred Title Reference Schedule H560100S13 ASH CR5763/165 3 H500100S29 BARNA CR5747/671 3 H560200S32 BATCHELOR CR5763/166 3 H530100S42 BOONERDO CR5763/48 3 H530100S43 BOONERDO CR5763/49 3 D35379A6 (portion) BOOTHBY CR5752/751 3, 6 D35379A7 BOOTHBY CR5748/780 3 D38620A11 BOOTHBY CR5748/252 3 D38620A12 BOOTHBY CR5339/270 3 D38620A13 BOOTHBY CR5748/253 3 D50666A201 (portion) BOOTHBY CR5679/897 3, 6 D58391A15 (portion) BOOTHBY CR5962/940 3, 5 D68273Q2 (portion) BOOTHBY CR5997/215 3, 6 D68273Q3 (portion) BOOTHBY CR5997/215 3, 6 H530200S312 BOOTHBY CR5763/50 3 H530200S317 BOOTHBY CR5714/806 3 H530200S320 BOOTHBY CR5757/757 3 H530200S321 (portion) BOOTHBY CR5861/229 3, 6 H530200S338 BOOTHBY CR5750/36 3 H530200S339 BOOTHBY CR5747/692 3 H530200S340 BOOTHBY CR5747/693 3 H530200S341 BOOTHBY CR5747/694 3 H530200S344 BOOTHBY CR5747/695 3 H530200S356 BOOTHBY CR5755/158 3 H530200S357 BOOTHBY CR5399/187 3 H530200S432 BOOTHBY CR5755/159 3 D29426A1 BUCKLEBOO CR5374/209 3 D42001A2 CULTANA CR5346/947 3 D42001Q10 CULTANA CR5346/949 3 D42001Q11 CULTANA CR5346/949 3 D42001Q3 CULTANA CR5346/948 3 D42001Q5 CULTANA CR5346/948 3 D42001Q6 CULTANA CR5346/949 3 D42001Q7 CULTANA CR5346/949 3 D42001Q8 CULTANA CR5346/949 3 D42001Q9 CULTANA CR5346/949 3 D53874A112 (portion) CULTANA CR5800/763 3, 5 D53874A113 (portion) CULTANA CR5800/764 3, 5 D53874A114 (portion) CULTANA CR5800/765 3, 5 D54184Q14 (portion) CULTANA CR5966/391 3, 6 D55504A124 (portion) CULTANA CR5867/224 3, 5 D70647Q54 (portion) CULTANA CR5970/776 3, 6 D85851A68 CULTANA CL1648/75 OM53500 3 D85851A69 CULTANA CR6140/412 3 D85851A72 CULTANA CL1648/75 OM53500 3 D85851Q70 CULTANA CR6140/412 3 D85851Q71 CULTANA CR6140/412 3 D93251A66 CULTANA CR6140/94 3 D93251A67 CULTANA CL1648/75 OM53500 3 H560300S14 CULTANA CR5438/431 3 H560300S4 CULTANA CR5752/623 3 H560300S42 CULTANA CR5768/659 3 H560300S43 CULTANA CR5750/56 3 H560300S44 CULTANA CR5768/660 3 H560300S46 CULTANA CR5768/661 3 H560300S47 CULTANA CR5241/500 3 H560300S48 CULTANA CR5768/662 3 H560300S49 CULTANA CR5768/663 3 H533200S45 WARREN CR5767/516 3 H501200S11 WILCHERRY CR5757/928 3 H501200S12 WILCHERRY CR5757/928 3 D22738A61 WILTON CR5581/82 3 D42395A20 (portion) WILTON CR5843/815 3, 6 D84420A52 WILTON CR6105/10 3 D88637A5 WILTON CR6093/82 3 D88637A6 WILTON CR6093/83 3 H533300S29 WILTON CR5767/518 3 H533300S30 WILTON CR5767/519 3 H533300S31 WILTON CR5767/520 3 H533300S34 WILTON CR5767/522 3 H533300S38 (portion) WILTON CL1647/8 OM21290 3, 6 H533300S39 (portion) WILTON CL1647/8 OM21290 3, 6 H533300S40 (portion) WILTON CL1647/8 OM21290 3, 6 H533300S41 (portion) WILTON CL1647/8 OM21290 3, 6 H533300S42 (portion) WILTON CL1647/8 OM21290 3, 6 H533300S50 WILTON CR5767/523 3 D59272A101 WUDINNA CR5897/847 3 H641600S51 WUDINNA CR5763/286 3 H641600S53 WUDINNA CR5772/129 3 H641600S58 WUDINNA CR5768/802 3 H533400S214 YADNARIE CR5752/750 3 H533400S215 YADNARIE CR5752/750 3 H533400S228 YADNARIE CR5755/178 3 H533400S404 YADNARIE CR5755/179 3 H533400S405 YADNARIE CR5755/179 3 H533400S406 YADNARIE CR5755/179 3 H533400S407 (portion) YADNARIE CR5755/179 3, 6 H533400S408 YADNARIE CR5755/179 3 H533400S417 (portion) YADNARIE CR5755/180 3, 6

SCHEDULE 4 - Native Title Land to which paragraph 145 of the Determination applies

Areas where extinguishment of native title is disregarded by virtue of the application of sections 47 or 47A NTA. Section 47 NTA Parcel Identifier Hundred Title Reference Schedule H380200S24 CROZIER CL1313/47 OP10670 4 H380200S25 CROZIER CL1313/47 OP10670 4 H380200S26 CROZIER CL1313/47 OP10670 4 H380200S27 CROZIER CL1313/47 OP10670 4 H380200S28 CROZIER CL1313/47 OP10670 4 H380200S31 CROZIER CL1313/47 OP10670 4

Section 47A NTA Parcel Identifier Hundred Title Reference Schedule D39715A50 LINCOLN CT6095/609 4 D5470A15 LINCOLN CT5965/336 4 F104690A10 LINCOLN CT5149/845 4 F104691A11 LINCOLN CT5149/847 4 F121472A3 LINCOLN CT5210/868 4 F12657A3 LINCOLN CT6135/710 4 F179552A330 LINCOLN CT5774/199 4 F18627A1 LINCOLN CT5270/236 4 T510651A696 LINCOLN CT5396/10 4 F6352A3 LOUTH CT5418/761 4 H510700S1 LOUTH CT6135/788 4 H510700S457 LOUTH CT6135/788 4

Other Parcels Parcel Identifier Hundred Title Reference Schedule D47829Q7 CROZIER CR5476/604 4 D47829Q8 CROZIER CR5476/604 4

SCHEDULE 6 - Areas where native title has been extinguished

Native title rights and interests do not exist in: (a) Minerals as defined in section 6 of the Mining Act 1971 (SA); (b) Petroleum, as defined in section 4 of the Petroleum and Geothermal Energy Act 2000 (SA); (c) a naturally occurring underground accumulation of a regulated substance as defined in section 4 of the Petroleum and Geothermal Energy Act 2000 (SA), below a depth of 100 metres from the surface of the earth; (d) a natural reservoir, as defined in section 4 of the Petroleum and Geothermal Energy Act 2000 (SA), below a depth of 100 metres from the surface of the earth; (e) geothermal energy, as defined in section 4 of the Petroleum and Geothermal Energy Act 2000 (SA) the source of which is below a depth of 100 metres from the surface of the earth. For the purposes of this item 1 and the avoidance of doubt: (f) a geological structure (in whole or in part) on or at the earth's surface or a natural cavity which can be accessed or entered by a person through a natural opening in the earths surface, is not a natural reservoir; (g) thermal energy contained in a hot or natural spring is not geothermal energy as defined in section 4 of the Petroleum and Geothermal Energy Act 2000 (SA); (h) the absence from this Order of any reference to a natural reservoir or a naturally occurring accumulation of a regulated substance, as those terms are defined in section 4 of the Petroleum and Geothermal Energy Act 2000 (SA), above a depth 100 metres below the surface of the earth or geothermal energy the source of which is above a depth of 100 metres below the surface of the earth is not, of itself, to be taken as an indication of the existence or otherwise of native title rights or interests in such natural reservoir, naturally occurring accumulation of a regulated substance or geothermal energy.
Native title rights and interests have been extinguished in the areas covered by Public Works (including the land and waters defined in section 251D of the NTA) which SCHEDULE 7 - Areas where native title status is prescribed by virtue of the effect of the Barngarla Settlement ILUA
Areas where native title exists pursuant to the Barngarla Determination ILUA
The following areas are areas where native title exists pursuant to the Barngarla Determination ILUA:
a) Excluding those areas identified in Schedule 6, Adjacent land and that portion of Subjacent land that lies within the Determination Area that is vested in the Minister under section 15(1)(a) of the Harbors and Navigation Act 1993 (SA) as identified on the maps at Schedule 2; including
b) The following parcels or portion of parcels: i. H540200S297 (portion) Hundred of Copley (CR5767/527) ii. H380200S160 Hundred of Crozier (CR5768/347) iii. H380200SGULF Hundred of Crozier iv. H560500S487 Hundred of Randell (CR5752/650)
Areas where native title is extinguished pursuant to the Barngarla Determination ILUA
The following parcels or portion of parcels: Note: Please refer to Schedule 2 Part B for further detail where a portion of a parcel is indicated Parcel Identifier Hundred Title Reference Schedule H560100S11 ASH CL504/25 OP7915 7 D51145A50 (portion) BOOTHBY CT5807/892 6, 7 D51145A51 (portion) BOOTHBY CT5807/893 6, 7 D51145A52 (portion) BOOTHBY CT5807/894 6, 7 D51145A53 (portion) BOOTHBY CT5807/895 6, 7 D68273A1 BOOTHBY CT5962/38 7 H540200S297 (portion) COPLEY CR5767/527 3,7 H380200S160 CROZIER CR5768/347 7 H380200SGULF CROZIER 3,7 (portion) D35207A773 LINCOLN CT5784/900 7 H532500S36 (portion) PASCOE CT5916/39 6, 7 D50937A31 PLAYFORD CT5675/224 7 D52460A32 PLAYFORD CT6134/752 7 D75391A29 (portion) PYGERY CR6006/280 6, 7 D67562A1 (portion) RANDELL CT6120/234 6, 7 H560500S487 RANDELL CR5752/650 7 D62518A156 WALPUPPIE CR5901/290 7 T611001A27 WALPUPPIE CT6081/536 7 H533300S38 WILTON CL1647/8 OM21290 7 H533300S39 WILTON CL1647/8 OM21290 7 H533300S40 WILTON CL1647/8 OM21290 7 H533300S41 WILTON CL1647/8 OM21290 7 H533300S42 WILTON CL1647/8 OM21290 7 H533300S43 WILTON CL1647/8 OM21290 7 H533300S44 WILTON CL1647/8 OM21290 7

SCHEDULE 8- Details of Indigenous Land Use Agreements in the Determination Area Cultana Expansion Area ILUA (Area Agreement) SI2013/001 Middleback Ranges SA ILUA (Area Agreement) SI2013/002 Barngarla / Central Eyre Iron Project ILUA (Area Agreement) Barngarla Determination Settlement ILUA

WHITE J: 1 On 23 June 2016, a Judge of the Court (Mansfield J) made a determination of native title in favour of the Barngarla People in relation to a large area on the Eyre Peninsula in South Australia: Croft on behalf of the Barngarla Native Title Claim Group v State of South Australia (No 2) [2016] FCA 724. 2 Earlier, Mansfield J had made findings following a substantial trial concerning matters bearing on the existence of native title in the area, other than the issues of tenure and extinguishment: Croft on behalf of the Barngarla Native Title Claim Group v State of South Australia [2015] FCA 9; (2016) 325 ALR 213. Following that decision, the parties reached agreement as to the terms a determination, and the determination made on 23 June 2016 gave effect to that agreement. 3 The issues of extinguishment had, for that most part, been resolved by the parties consensually. However, paragraph F in the Preamble to the determination contemplated that some remaining issues of extinguishment would be resolved by an Indigenous Land Use Agreement (the Barngarla Settlement ILUA): F. The State and the Applicant have identified a number of areas where it is appropriate to resolve issues of extinguishment through [the Barngarla Settlement ILUA]. It is the intent of the Principal Parties that the Determination will take effect upon registration of that ILUA. 4 The orders made on 23 June 2016 commenced with the following: 1. There be a determination of native title in the Determination Area in the terms set out at paragraphs 5 to 21 below (the Determination). 2. The Determination will take effect upon the Barngarla Settlement ILUA being registered on the Register of Indigenous Land Use Agreements. 3. In the event that the Barngarla Settlement ILUA is not registered on the Register of Indigenous Land Use Agreements within 12 months of the date of this Order, or such later time as the Court may order, the matter is to be listed for further directions. 4. The Applicant, the State or any other respondent have liberty to apply on 14 days' notice to a single judge of the Court: (a) if that party considers it unlikely that the Barngarla Settlement ILUA will be finalised and registered on the Register of Indigenous Land Use Agreements within 12 months of the date of this Order; (b) to make consequential amendments to Schedules 2 to 7 as necessary to reflect the terms of the Barngarla Settlement ILUA; (c) to establish the precise location and boundaries of any Public Works and adjacent land and waters referred to in items 2 or 3 of Schedule 6; (d) to determine the effect on native title rights and interests of any Public Works as referred to in item 3 of Schedule 6. 5 As is apparent, Order 2 provided for the determination to take effect upon the Barngarla Settlement ILUA being registered on the Register of Indigenous Land Use Agreements. Orders 3 and 4 contemplated that the Barngarla Settlement ILUA would be registered within 12 months of the determination and provided for procedural steps in the event that that did not occur. 6 The finalisation of the Barngarla Settlement ILUA was delayed while, amongst other things, the parties considered the implications of the decision in Griffiths v Northern Territory of Australia (No 3) [2016] FCA 900; (2016) 337 ALR 362 concerning compensation, the appeal from that decision to the Full Court of this Court (Northern Territory of Australia v Griffiths [2017] FCAFC 106; (2017) 346 ALR 247), and the subsequent applications for special leave to appeal to the High Court of Australia. 7 As the Barngarla Settlement ILUA was not finalised within the 12 month period contemplated by Mansfield J in his orders, the Court listed the matter for further directions as contemplated by Order 3. However, by the consent of the Applicant and the State, the Court vacated that hearing so as to give the parties further time in which to finalise and execute the Barngarla Settlement ILUA. They have now done so on the basis that issues of compensation will be deferred until after the determination has come into effect. 8 Mr Llewellyn-Jones, the principal solicitor for the Applicant, has deposed: [8.1] The terms of the Barngarla Settlement ILUA (which is now titled the 'Barngarla Determination ILUA') were finalised between the Solicitors for the parties in late 2017; [8.2] The ILUA was authorised by a meeting of native title holders held on 14 January 2018 in Whyalla to authorise an Area Agreement under the Native Title Act I993 (Cth) …; [8.3] The ILUA was approved by Cabinet of South Australia on 25 January 2018; [8.4] The ILUA was executed by the representative of the native title holders and the Barngarla Determination Aboriginal Corporation on 4 February 2018; [8.5] The ILUA was executed by the Attorney-General of South Australia on 7 February 2018; [8.6] The ILUA was signed by SANTS on 8 February 2018 to confirm that SANTS was consulted as required by regulations 8(2) of the Native Title (Prescribed Bodies Corporate) Regulations 1999 (Cth); [8.7] The fully executed ILUA was provided to both parties on 8 February 2018. 9 Counsel for the State of South Australia has confirmed that the State has applied to the Native Title Registrar, in accordance with Div 3 of Pt 2 of the Native Title Act 1993 (Cth) (the NT Act), for the registration of the Barngarla Settlement ILUA on the Register of Indigenous Land Use Agreements and it seems that the notification process required by s 24CH of the NT Act has commenced. 10 This judgment concerns the interlocutory application by the Applicant seeking amendment to the determination made on 23 June 2016. The amendments sought are of four general kinds: (1) to reflect some of the terms of the Barngarla Settlement ILUA (which the parties now refer to as the "Barngarla Determination ILUA"). Several of these amendments are said to be of the consequential kind contemplated by Order 4(b) in the determination made on 23 June 2016; (2) to reflect the extinguishment of native title in additional parcels of land which the parties now recognise; (3) to correct the description in the Schedules to the determination of one parcel of land in the Hundred of Cultana; and (4) to amend the date on which the determination comes into effect so that it will be the date on which the Court orders the amendment of the determination, instead of the date of registration of the Barngarla Settlement ILUA on the Register of Indigenous Land Use Agreements. 11 The Court's power to vary the determination by amendment is found, relevantly, in s 13(1)(b) of the NT Act. This is not a case to which s 13(4) and (5) apply. 12 All of the parties to the proceedings have consented to the amendments to the determination. 13 In the following paragraphs, I summarise the effect of the substantive amendments which are proposed. 14 In cl 13 in the determination made on 23 June 2016, the Court noted that the State and the Applicant had agreed to negotiate in the Barngarla Settlement ILUA the effect on native title of acts done in relation to areas described in Schedule 7. Schedule 7(1) referred to the adjacent land and subjacent land vested in the Minister under s 15(1)(a) of the Harbours and Navigation Act 1993 (SA) as identified on the maps at Schedule 2 (but excluding areas identified in Schedule 6). Schedule 7(2) listed 25 parcels or portions of parcels of land. The Court noted in cl 13 that the ILUA would prescribe the native title status of those areas, and that that agreement would come into effect on the registration of the Barngarla Settlement ILUA on the Register of Indigenous Land Use Agreements. 15 Now that the Barngarla Determination ILUA has been finalised and executed, the parties propose that the determination would reflect some of the agreed matters. In relation to the adjacent land and subjacent land vested in the Minister under s 15(1)(a) of the Harbours and Navigation Act, the Barngarla Determination ILUA records that the vesting is a valid act to which the non-extinguishment principle applies. Upon the registration of the ILUA, the validity of the vesting will be confirmed and its extinguishing effect will be changed so that the non-extinguishment principle will apply to that land. The parties propose that these matters be recorded in an amendment to paragraph F in the Preamble to the determination, in a new clause 10 and in a revised Schedule 7 in the determination. 16 Schedule 7.1(b) will list four particular portions of parcels of land vested in the Minister to which this part of the agreement in the ILUA applies, as follows: Parcel Identifier Hundred Title Reference Schedule H540200S297 (portion) Copley CR5767/527 7 H380200S160 Crozier CR5768/347 7 H380200SGULF Crozier H560500S487 Randell CR5752/650 7

17 In respect of 13 parcels of land, native title has been agreed to have been extinguished pursuant to the terms of the ILUA. Those 13 parcels are as follows: Parcel Identifier Hundred Title Reference Schedule H560100S11 Ash CL504/25 OP7915 7 D51145A50 (portion) Boothby CT5807/892 6, 7 D51145A51 (portion) Boothby CT5807/893 6, 7 D51145A52 (portion) Boothby CT5807/894 6, 7 D51145A53 (portion) Boothby CT5807/895 6, 7 D68273A1 Boothby CT5962/38 7 D35207A773 Lincoln CT5784/900 7 D50937A31 Playford CT5675/224 7 D52460A32 Playford CT6134/752 7 D75391A29 (portion) Pygery CR6006/280 6, 7 D67562A1 (portion) Randell CT6120/234 6, 7 D62518A156 Walpuppie CR5901/290 7 T611001A27 Walpuppie CT6081/536 7

The body of the determination in Schedule 7(2) will be amended to reflect that agreement. 18 In addition, the parties are agreed, on additional consideration of the issue of extinguishment, that native title has been extinguished on eight further parcels or portions of parcels of land. They propose that these parcels or portions of parcels be removed from the existing Schedule 7 and inserted instead into Schedule 6 to the determination in the manner indicated in the table which follows. It is Schedule 6 which lists those areas in which native title has been extinguished. Parcel Identifier Hundred Title Reference H532500S36 (portion) Pascoe CT5916/39 H533300S38 Wilton CL1647/8 OM21290 H533300S39 Wilton CL1647/8 OM21290 H533300S40 Wilton CL1647/8 OM21290 H533300S41 Wilton CL1647/8 OM21290 H533300S42 Wilton CL1647/8 OM21290 H533300S43 Wilton CL1647/8 OM21290 H533300S44 Wilton CL1647/8 OM21290

19 Schedule 5 to the determination contains a list of the parcels of land in which, in accordance with s 47B of the NT Act, prior extinguishment is to be disregarded. It includes: Parcel Identifier Hundred Title Reference Schedule D70647Q55 Cultana CR 5970/776 5

However, the maps in Schedule 2, Part B, indicate that one portion of this parcel should be in Schedule 3 and one portion in Schedule 6. The maps identify the particular portions of the parcels more accurately. Schedules 3 and 6 are to be amended to correct the inconsistencies which exist presently between the maps and the Schedules in respect of this parcel of land. 20 I am satisfied that it is appropriate for all these amendments to be made. First, several are of a kind contemplated by Order 4(b) in the determination made on 23 June 2016. Secondly, all the parties are agreed that the order should be made. Thirdly, none of the orders will have the effect of increasing the area over which native title is claimed. Fourthly, the determination has not yet come into effect. Finally, the amendments to the determination will have the effect that it will contain in a more self-contained form the native title status of various parcels of land in the Determination Area. 21 The details of the amendments set out in the form of the amended order provided by the Applicant to the Court on 22 March 2018 and in the proposed amended schedules. I have modified these as appropriate. They will be on the file, as initialled by me. 22 The final order sought by the Applicant is that the determination take effect as of today rather than from the date of registration of the Barngarla Settlement ILUA. There are a number of advantages for the parties in having certainty in the date on which the determination takes effect, and also in it taking effect sooner rather than later. It is appropriate to take into account that the native title determination application in this case was commenced in 1998, some 20 years ago, and that although the determination itself was made just on two years ago, it has not yet come into effect. It is understandable that the Barngarla People in particular are anxious that the determination should come into effect as soon as practicable. 23 Mansfield J did not provide an explanation for fixing the date upon which the determination would come into effect as the date on which the Barngarla Settlement ILUA is registered on the Register of Indigenous Land Use Agreements. It seems reasonable to infer, however, that one purpose was to ensure that the Barngarla Settlement ILUA, which was then only in prospect, would be regular with the consequence that the areas in respect of which extinguishment remained unsettled would be determined. That purpose does not continue with the same force now given that the parties have finalised and executed the Barngarla Determination ILUA and it is possible for the Court to amend the determination, including the Schedules, to reflect aspects of the agreed ILUA. 24 Accordingly, I am satisfied that it is appropriate to accede to the parties' application and to delete the existing Order 2. In its place there will be an order that the determination take effect on today's date. 25 The formal orders of the Court are these: (1) The determination of native title made on 23 June 2016 in Croft on behalf of the Barngarla Native Title Claim Group v State of South Australia (No 2) [2016] FCA 724 be amended in accordance with the Amended Determination attached as Annexure A to this order, noting that, because of its size, Annexure A comprises only: (a) pages i to xv inclusive of the Amended Determination; (b) the first page of any Schedule which is amended; and (c) the particular pages within each Schedule which are amended. (2) Order 2 made on 23 June 2016 be vacated. (3) In its place there be an order that the determination as amended take effect from the date of this order. (4) The Applicant is by 13 April 2018 to file an unmarked up copy of the complete determination as amended. I certify that the preceding twenty-five (25) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice White.

Associate: Dated: 20 April 2018 SCHEDULE SAD6011/1998 Applicant: LORRAINE DARE Applicant: HARRY EYLES Applicant: HOWARD RICHARDS Applicant: ELLIOTT MCNAMARA Respondent: DISTRICT COUNCIL OF TUMBY BAY Respondent: DISTRICT COUNCIL OF STREAKY BAY Respondent: DISTRICT COUNCIL OF LOWER EYRE PENINSULA Respondent: DISTRICT COUNCIL OF KIMBA Respondent: DISTRICT COUNCIL OF FRANKLIN HARBOUR Respondent: DISTRICT COUNCIL OF ELLISTON Respondent: THE FLINDERS RANGES COUNCIL Respondent: CITY OF PORT LINCOLN Respondent: CORPORATION OF THE CITY OF PORT AUGUSTA Respondent: DISTRICT COUNCIL OF CLEVE Respondent: CORPORATION OF THE CITY OF WHYALLA Respondent: NUKUNU PEOPLES Respondent: ARABUNNA PEOPLES NATIVE TITLE CLAIM GROUP Respondent: RICHARD CHARLES REID Respondent: ADNYAMATHANHA PEOPLE Respondent: FRANCIS CAPOWIE PTY LTD Respondent: STEPHEN HARRADINE Respondent: GREENFIELD PASTORAL COMPANY LTD Respondent: HELEN HARRADINE Respondent: GWITHIAN DONALD ALASTAIR MCCALLUM Respondent: DAVID JAMES MICHAEL Respondent: JILLIAN MAXINE MICHAEL Respondent: BARRY HUTCHENS Respondent: MIDDLE BACK INVESTMENTS PTY LTD Respondent: MONDALEE NOMINEES PTY LTD Respondent: NONNING PASTORAL COMPANY PTY LTD Respondent: DONALD NICHOLSON Respondent: ROBERT SAVAGE Respondent: CYNTHIA SAVAGE Respondent: JAMES ALLENDER Respondent: BROKEN HILL PROPRIETARY COMPANY LIMITED Respondent: GREGORY NEIL WOOLFORD Respondent: JEFFREY FREEMAN Respondent: EPIC ENERGY SOUTH AUSTRALIA PTY LTD Respondent: PERILYA LTD Respondent: ONESTEEL MANUFACTURING PTY LTD Respondent: MALATA NOMINEES PTY LTD Respondent: VAMGAS PTY LTD Respondent: BASIN OIL PTY LTD Respondent: ALLIANCE PETROLEUM AUSTRALIA PTY LTD Respondent: DARYL KEITH AITCHISON Respondent: DAVID ALLPORT Respondent: ORIGIN ENERGY RESOURCES LIMITED Respondent: SANTOS PETROLEUM PTY LTD Respondent: DELHI PETROLEUM PTY LTD Respondent: SANTOS LTD Respondent: SANTOS (BOL) PTY LTD Respondent: REEF OIL PTY LTD Respondent: PETER G ANDERSON Respondent: BRIDGE OIL DEVELOPMENTS PTY LTD Respondent: IAN HARRY BACKLER Respondent: DOROTHY BARWICK Respondent: JENNIFER BARWICK Respondent: R W BAILEY Respondent: RICHARD J BAKER Respondent: BARKER FISHERIES PTY LTD Respondent: ADAM BARNES Respondent: BEN L BARNES Respondent: JARRAD BARNES Respondent: JEFFREY BARNES Respondent: DONALD ROY BARRAND Respondent: PETER BARRAND Respondent: ROBERT WILLIAM BARTSCH Respondent: ROBERT BAKER Respondent: PETER BARWICK Respondent: KENNETH ANDREWS Respondent: STEPHANOS ATHANASOS Respondent: DAVID GORDON AYRES Respondent: DAVID BACKER Respondent: LINDSAY DENE BOTT Respondent: MERVYN JOHN CAMP Respondent: ROBERT JOHN BUTSON Respondent: BASCOZ PTY LTD Respondent: RONALD A BATES Respondent: DAVID BECK Respondent: STEWART JOHN BUTSON Respondent: BARTHOLOMEW BRETT BUTSON Respondent: RANDALL J BENDER Respondent: DONALD M BLACK Respondent: ANTON BLASLOV Respondent: BOSTON BAY ROCK LOBSTERS PTY LTD Respondent: BARRY J BOWYER Respondent: JOHN BOZANIC Respondent: FRANE BRALIC Respondent: IVAN BRALIC Respondent: ROBERT BRICE Respondent: DAVID BRYANT Respondent: LEWIS BRYANT Respondent: CARINA ASSOCIATES PTY LTD Respondent: RUSSELL EDWIN BOORD Respondent: PAUL CUBELIC Respondent: CONSTRUCTION DIVERS PTY LTD Respondent: PETER S CLARKSON Respondent: CG SIMMS NOMINEES PTY LTD Respondent: GEOFFREY RUSSELL CUMMINGS Respondent: JOHN COLLINSON Respondent: PAUL ALEXANDER CLAUGHTON Respondent: ANDREW MICHAEL DYER Respondent: G V DIXON Respondent: COLIN DIGHTON Respondent: NORA DAVIES Respondent: A R DANIS Respondent: PM DANIS Respondent: TONY D CUSTANCE Respondent: KATHRYN LOUISE CUNNINGHAM Respondent: IAN DEGILIO Respondent: RUDOLF WILHELMUS DUURLAND Respondent: JEFFREY JOHN DALE Respondent: EYREWOOLF ENTERPRISES PTY LTD Respondent: SHANE NEIL EDWARDS Respondent: CHRISTOPHER FEWSTER Respondent: A FIGL Respondent: C E FIGL Respondent: PA FIGL Respondent: CRAIG FLETCHER Respondent: GRAHAM FORD Respondent: FROMAGER PTY LTD Respondent: DAVID EDWARDS Respondent: GARRY NOEL EDWARDS Respondent: DON EDMONDS Respondent: WAYNE JEFFREY GALPIN Respondent: IAN FULLER Respondent: DEBRA LEA FERGUSON Respondent: DAVID JOHN FOSTER Respondent: CRAIG NEIL EDWARDS Respondent: TREVOR NORMAN EDWARDS Respondent: DAVID ENGE Respondent: BARRY J EVANS Respondent: MALCOLM ETTRIDGE Respondent: FARSIDE FISHERIES Respondent: ANDREW GEERING Respondent: SHANNON MAUREEN GILL Respondent: DAVID FARADAY GILL Respondent: JUNE ROSEMARY GILL Respondent: JOSIP GOBIN Respondent: JOHN C HAAGMANS Respondent: MICHAEL JAMES GUBBIN Respondent: TREVOR GILMORE Respondent: AJKA GOBIN Respondent: LAURIE GOBIN Respondent: GRAND ABALONE NOMINEES PTY LTD Respondent: BRYAN ALLEN GREEN Respondent: H M POPE PTY LTD Respondent: ALAN R HALDANE Respondent: TREVLYN JOHN HAMMAT Respondent: LOVRE A GOBIN Respondent: TRENT GREGORY Respondent: DAVID WILLIAM HALL Respondent: WILLIAM JOHN HENDRY Respondent: STEPHEN B HINGE Respondent: GJ HOOD Respondent: DENNIS HOLDER Respondent: HERBERT NOEL HENDRY Respondent: TIMOTHY R HOLDER Respondent: BRIAN D JONES Respondent: VALDIS IEVINS Respondent: HUBERT BRIAN HURRELL Respondent: BARRY J HURRELL Respondent: RICHARD W HOWARD Respondent: PETER HICKMAN Respondent: SYLVIA HOLDER Respondent: ANDREW N HOGG Respondent: STEPHEN RAYMOND HEYES Respondent: GRAHAM FRANK HARROWFIELD Respondent: N HOOD Respondent: PETER WAYNE HUTCHINSON Respondent: ANN LUKIN Respondent: TONY KINGDON Respondent: KYM BRYAN MALLYON Respondent: MICHAEL ARTHUR LEECH Respondent: DAVID HALL LANGDON Respondent: DAVID JOHN KENNEDY Respondent: PAUL D MANNERS Respondent: DEAN LUKIN Respondent: ANTE LUKIN Respondent: CYNTHIA LEECH Respondent: LA CLOTURE FISHERIES PTY LTD Respondent: SIMON FREDERIC MANNERS Respondent: DAVID LAWRIE Respondent: CRAIG LAWRIE Respondent: DARO KOLEGA Respondent: ALDO KOLEGA Respondent: KINNOCK PTY LTD Respondent: KINKAWOOKA PTY LTD Respondent: ANTHONY PAUL MANNERS Respondent: PAUL MANTHORPE Respondent: PETER JOSEPH MARTIN Respondent: JOHN EDWARD MCGOVERN Respondent: TERRY J MORAN Respondent: STEPHEN MORIARTY Respondent: DONALD MARK NATTRASS Respondent: HAYDN JOHN O'BRIEN Respondent: TERRY K MANNERS Respondent: ARTHUR MARKELLOS Respondent: VICTOR J MARSHALL Respondent: RENO MARTINOVIC Respondent: JOHN THORNTON MCCARTHY Respondent: CRAIG DAVID MCCATHIE Respondent: EUGENE MONTGOMERY Respondent: K R MULLAN Respondent: DAVID B MUNDY Respondent: GUY MANTHORPE Respondent: T MCNAB Respondent: TA MCNAB Respondent: MD & RA LOWE PTY LTD Respondent: DAVID KEITH MULES Respondent: NAVAJO PTY LTD Respondent: OCEANIC OYSTERS Respondent: GEOFFREY OCTOMAN Respondent: MERVYN ALLAN PITTAWAY Respondent: ALLEN FRANCIS JAMES PITTAWAY Respondent: PETER PARISSOS Respondent: RAYMOND OTTEY Respondent: ALAN PAYNE Respondent: KIM A REDMAN Respondent: JENNIFER M PURTELL Respondent: BARRY POWER Respondent: LESLIE A POLKINGHORNE Respondent: MAX POLACCO Respondent: ROBERT TYRER PENNINGTON Respondent: ADAM DAVID OLDS Respondent: BRIAN POLLARD Respondent: TERRY PHILIP REHN Respondent: R MARTINOVIC (MANAGEMENT) PTY LTD Respondent: BOB PUGLISI Respondent: JOHN PASCULLI Respondent: ARMAND NEIL PALMER Respondent: KONSTANTINE PALEOLOGOUDIAS (CON PAUL) Respondent: COLLEEN OCTOMAN Respondent: PHILIP ROBINSON Respondent: BENEVENUTO R RIGONI Respondent: CHRISTOPHER JOHN ROYANS Respondent: RONALD PETER ROWE Respondent: ROGER SAUNDERS Respondent: MARK JAMES ROTHALL Respondent: WILLIAM PERCY RITTER Respondent: MARK ANTHONY RETSAS Respondent: C J ROGERS Respondent: S & Z LUKIN NOMINEES PTY LTD Respondent: JORDAN SARUNIC Respondent: JEFFREY F SCHMUCKER Respondent: ANDREW NAIRNE SCHULTZ Respondent: T SCHULTZ Respondent: D SCHULTZ Respondent: ANTHONY SCHUTZ Respondent: MARTIN RESNAIS Respondent: RIBARI PTY LTD Respondent: MILORAD RICOU Respondent: MATEO RICOV Respondent: JOSIP SANTIC Respondent: RODNEY SMITH Respondent: DARYL MARK SPENCER Respondent: RENE JOHN SPRUYT Respondent: ERIC WILLIAM STACEY Respondent: DAVID SHERRY Respondent: EDWARD THOMAS SMITH Respondent: COLIN ROY SIMMS Respondent: SOUTH AUSTRALIAN OYSTER HATCHERY PTY LTD Respondent: SPENCER GULF AQUACULTURE PTY LTD Respondent: GARY WILLIAM STEELE Respondent: DAVID SHERIDAN Respondent: SEAFOOD COUNCIL SA LTD Respondent: JOHN SPADAVECHIA Respondent: HELEN IVY SMITH Respondent: MICHAEL SLATTERY Respondent: DESMOND JOHN SLATTERY Respondent: TREVOR SMITH Respondent: SPENCER GULF PROPERTY PTY LTD Respondent: BILL TSOUPAS Respondent: LAWRENCE JOHN VAHLBERG Respondent: RITA VALCIC Respondent: JEFFREY ROBERT SWINCER Respondent: TARAKAN PTY LTD Respondent: DARREN K TRESSIDER Respondent: MEGAN B TRESSIDER Respondent: TUNA BOAT OWNERS ASSOCIATION OF AUSTRALIA Respondent: BRIAN TURVEY Respondent: DEIDRE TURVEY Respondent: ERROL EDWARD TYRRELL Respondent: GEOFF TURNER Respondent: ANNE ELIZABETH TAPLEY Respondent: GRAHAM MARK TAPLEY Respondent: JOHN THEAKSTONE Respondent: LANCE LEON TYLEY Respondent: BRENTON SYMONS Respondent: T GARNAUT NOMINEES PTY LTD Respondent: DOMONIC TATTOLI Respondent: WAYNE JOHN TAYLOR Respondent: ROBERT THEAKSTONE Respondent: MICHAEL B TILLEY Respondent: PETER DEAN VICKERS Respondent: B WALLER Respondent: WHITE POINTER FISHERIES Respondent: LEON CHARLES WRIGHT Respondent: LILIANA VITLOV Respondent: MICHAEL H WILDE Respondent: ALBERT THOMAS WHITTLE Respondent: GREGORY WARD Respondent: GRAHAM LESLIE WALDEN Respondent: JEFFERY PAUL WAIT Respondent: MICHAEL CHARLES WHILLAS Respondent: WEST COAST ENTERPRISES PTY LTD Respondent: WELLMET PTY LTD Respondent: SCOTT WEAVER Respondent: W B MATTNER NOMINEES P/L Respondent: A H WOOD Respondent: PETER ANTHONY WILLIAMSON Respondent: GRISELDA SPRIGG (DECEASED) Respondent: BOSTON ISLAND PTY LTD Respondent: ETSA UTILITIES Respondent: ST JOHN AMBULANCE AUSTRALIA SA INC Respondent: SOUTH AUSTRALIAN APIARISTS ASSOCIATION INC Respondent: SA AMBULANCE SERVICE Respondent: MARGARET SPRIGG Respondent: DOUGLAS P SPRIGG Respondent: TELSTRA CORPORATION LIMITED Respondent: DEAN JAMES BARNES Respondent: DEAN C WOODWARD Respondent: BHP BILLITON OLYMPIC DAM CORPORATION PTY LTD Respondent: SOUTH AUSTRALIAN NATIVE TITLE SERVICES LTD Respondent: WILDCATCH FISHERIES SA INC Respondent: WUDINNA DISTRICT COUNCIL Respondent: AUSTRALIAN MARITIME SAFETY AUTHORITY Respondent: TASMAN RESOURCES LTD Respondent: COMMONWEALTH OF AUSTRALIA Respondent: RICHARD GILES MOULD Respondent: JULIE-ANN MOULD Respondent: WARTAKA PASTORAL CO PTY LTD ACN 052 501 621 Respondent: SANTOS (NARNL COOPER) PTY LTD Respondent: McBRIDE YUDNAPINNA PTY LTD ACN 608 111 020 Other: LYNDA JEAN ARBON Other: IAN CHRISTOPHER GREENWOOD

Harbours and Navigation Act 1993(SA)s 15(1)(a)

(SA), Crown Lands Act 1929(SA)

(SA), Mining Act 1971(SA)

(SA), Petroleum and Geothermal Energy Act 2000(SA)

(Cth), the Telecommunications Act 1975(Cth)

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

(Cth), the Telecommunications Act 1991(Cth)

Local Government Act 1934(SA)

(SA), the Local Government Act 1999(SA)

Crown Land Act 1929(SA)

Petroleum Act 1940(SA)

Petroleum Act 2000(SA)

Pipelines Authority (Sale of Pipelines) Amendment Act 1995(SA)

Broken Hill Proprietary Company, Limited's, Hummock Hill to Iron Knob Tramways and Jetties Act 1900(SA)

(SA), Hummock Hill to Iron Knob Tramway Extension Act 1927(SA)

(SA), Broken Hill Proprietary Company's Indenture Act 1937(SA)

Roxby Downs (Indenture Ratification) (Amendment of Indenture) Amendment Act 2011(SA)

Petroleum and Geothermal Energy Act 2000(SA)

Native Title Act 1993(Cth)ss 13, 24CH , Div

At a glance

Court

Decision date

Before

Catchwords

Source

Catchwords

Judgment (36 paragraphs)

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Legislation Cited (34)

Cases Cited (7)

Cited By (5)