Daniel v State of Western Australia

Daniel v State of Western Australia - [2005] FCA 536 - FCA 2005 case summary — Zoe

[23]

Determination Area

The 'Determination Area' is the land and waters described and depicted in the First Schedule. Existence of native title
Native title does not exist in relation to the following parts of the Determination Area: (a) the 'Burrup' (as described and depicted in the First Schedule); (b) 'Offshore Waters' (as described and depicted in the First Schedule); (c) 'Depuch Island' (as described and depicted in the First Schedule); (d) the 'Hamersley Ranges Area' (as described and depicted in the First Schedule); (e) the 'Total Extinguishment Area' (as described and depicted in the First Schedule).
Subject to paragraph 2 above, native title rights and interests exist in the following parts of the Determination Area: (a) 'Ngarluma Native Title Area' (as defined in the First Schedule); and (b) 'Yindjibarndi Native Title Area' (as defined in the First Schedule), including the 'Section 47A Area' and the 'Section 47B Area' (as described in the Fifth Schedule) in respect of which extinguishment is disregarded in accordance with sections 47A and 47B of the Native Title Act 1993 (Cth).
The native title rights and interests: (a) do not confer possession, occupation, use and enjoyment of land or waters on the native title holders to the exclusion of others; and (b) are not exercisable otherwise than in accordance with and subject to traditional laws and customs for personal, domestic and non-commercial communal purposes (including social, cultural, religious, spiritual and ceremonial purposes). Native title holders
The non-exclusive native title rights and interests which exist in the Determination Area are held by: (a) 'Ngarluma People' (as defined in the Third Schedule) in relation to the Ngarluma Native Title Area; and (b) 'Yindjibarndi People' (as defined in the Third Schedule) in relation to the Yindjibarndi Native Title Area. Native title rights and interests
Subject to paragraphs 4 and 8 to 15 inclusive, the Ngarluma People have the following non-exclusive native title rights and interests in relation to the Ngarluma Native Title Area: (a) A right to access (including to enter, to travel over and remain); (b) A right to engage in ritual and ceremony (including to carry out and participate in initiation practices); (c) A right to camp and to build shelters (including boughsheds, mias and humpies), limited to the proximity of river courses within the Ngarluma Native Title Area, and to live temporarily thereon as part of camping or for the purpose of building a shelter; (d) A right to fish from the waters, limited to the coastal areas landward of the low water mark, and inland water courses; (e) A right to collect and forage for bush medicine; (f) A right to hunt and forage for and take fauna (including fish, shell fish, crab, oysters, sea turtle, dugong, goanna, kangaroo, emu, bush turkey, echidna, porcupine, witchetty grub, swan), limited in the case of water fauna to coastal waters landward of the low water mark and inland water courses; (g) A right to forage for and take flora (including timber logs, branches, bark and leaves, gum, wax, Aboriginal tobacco, fruit, peas, pods, melons, bush cucumber, seeds, nuts, grasses, potatoes, wild onion and honey); (h) A right to take black, yellow, white and red ochre; (i) A right to take water for drinking and domestic use; (j) A right to cook on the land including light a fire for this purpose, limited to the proximity of river courses; (k) A right to protect and care for sites and objects of significance in the Ngarluma Native Title Area (including a right to impart traditional knowledge concerning the area, while on the area, and otherwise, to succeeding generations and others so as to perpetuate the benefits of the area and warn against behaviour which may result in harm, but not including a right to control access or use of the land by others).
Subject to paragraphs 4 and 8 to 15 inclusive, the Yindjibarndi People have the following non-exclusive native title rights and interests in relation to the Yindjibarndi Native Title Area: (a) A right to access (including to enter, to travel over and remain); (b) A right to engage in ritual and ceremony (including to carry out and participate in initiation practices); (c) A right to camp and to build shelters (including boughsheds, mias and humpies), limited to the Millstream-Fortescue Area, and to live temporarily thereon as part of camping or for the purpose of building a shelter; (d) A right to fish from the waters, limited to the Millstream-Fortescue Area; (e) A right to collect and forage for bush medicine, limited to the Millstream-Fortescue Area and the upper reaches of the Sherlock River; (f) A right to hunt and forage for and take fauna (including fish, shell fish, crab, oysters, goanna, kangaroo, emu, turkey, echidna, porcupine, witchetty grub and swan but not including dugong or sea turtle), limited to the Millstream-Fortescue Area and the upper reaches of the Sherlock River; (g) A right to forage for and take flora (including timber logs, branches, bark and leaves, gum, wax, Aboriginal tobacco, fruit, peas, pods, melons, bush cucumber, seeds, nuts, grasses, potatoes, wild onion and honey), limited to the Millstream-Fortescue Area and the upper reaches of the Sherlock River; (h) A right to take black, yellow, white and red ochre, limited to the Millstream-Fortescue Area; (i) A right to take water for drinking and domestic use; (j) A right to cook on the land including light a fire for this purpose, limited to the Millstream-Fortescue Area; (k) A right to protect and care for sites and objects of significance in the Yindjibarndi Native Title Area (including a right to impart traditional knowledge concerning the area, while on the area, and otherwise, to succeeding generations and others so as to perpetuate the benefits of the area and warn against behaviour which may result in harm, but not including a right to control access or use of the land by others).
The non-exclusive native title rights and interests in relation to the 'Inter-tidal Zone' (defined in the First Schedule) do not include the rights in subparagraphs (b), (c), (e), (g), (h), (i), (j) or (k) of paragraph 6 above.
The non-exclusive native title rights and interests in relation to the 'Offshore Islands' (defined in the First Schedule) do not include any of the native title rights and interests in subparagraphs (a)-(j) of paragraph 6 above.
The non-exclusive native title rights and interests in relation to the 'Cemetery Reserve Area' (defined in the First Schedule) do not include: (a) the right to engage in ritual and ceremony referred to in subparagraph (b) of paragraph 6 above, save to the extent it relates to ritual and ceremony for the dead; or (b) any of the rights in subparagraphs (c), (d), (h), (j) and (k) of paragraph 6 above.
The non-exclusive native title rights and interests in relation to the 'Telstra Area' (defined in the First Schedule) do not include: (a) a right to remain (part of right (a) in paragraphs 6 and 7 above); and (b) right (c) in paragraphs 6 and 7 above.
The non-exclusive native title rights and interests in relation to the 'Telstra Cable Routes' (defined in the First Schedule) do not include right (h) in paragraphs 6 and 7 above, to the extent that the right involves digging beneath the surface of that land. Qualifications
Notwithstanding anything in this determination, there are no native title rights and interests in or in relation to: (a) minerals (including ochres to the extent they are minerals) as defined in the Mining Act 1904 (WA), or in the Mining Act 1978 (WA) before the date of this determination; or (b) petroleum as defined in the Petroleum Act 1936 (WA), or in the Petroleum Act 1967 (WA) before the date of this determination.
There are no native title rights and interests in respect of 'Subterranean Waters' (as defined in the First Schedule) in the Determination Area.
The non-exclusive native title rights and interests are subject to and exercisable in accordance with the laws of the State and the Commonwealth including the common law. Other interests
The nature and extent of other interests in those parts of the Determination Area where native title exists are set out in the Second Schedule.
The relationship between the non-exclusive native title rights and interests and the other interests referred to in paragraph 16 is that: (a) to the extent that any other interest is a category D past act, a category D intermediate period act or a future act under the Native Title Act 1993 (Cth), or is an act to which sections 47A or 47B Native Title Act 1993 (Cth) applies, and is inconsistent with the continued existence, enjoyment or exercise of the native title rights or interests, the native title continues to exist in its entirety, but the native title rights and interests have no effect in relation to the other interests to the extent of the inconsistency during the currency of those other interests; (b) in the case of mining leases, pastoral leases, easements and licences granted prior to 1 January 1994, the construction or erection of an improvement required or permitted under such a lease or easement or licence will prevent the exercise of the non-exclusive native title rights and interests at the location of that improvement to the extent that the exercise of those rights are inconsistent with the improvement for so long as the holder of the lease, easement or licence retains the improvement; and (c) otherwise, the existence and exercise of the native title rights and interests does 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 may prevent any exercise of the native title rights and interests, but does not extinguish them. Orders
The Yindjibarndi Aboriginal Corporation is to hold the native title rights and interests of the Yindjibarndi People in trust for the Yindjibarndi People.
Within 6 months of the date of this order, Daisy Moses, Roger Barker, Jill Churnside, Trevor Solomon and Les Hicks on behalf of the Ngarluma People are to file and serve: (a) a notice in accordance with section 56(2)(a) of the Native Title Act 1993 (Cth) indicating whether the Ngarluma People intend to have their native title held in trust by a prescribed body corporate alternatively whether they intend to have a prescribed body corporate perform the functions in section 57(3) of the Native Title Act 1993 (Cth); and (b) if the Ngarluma Peoples' native title is to be held in trust - the name and the rules of the proposed prescribed body corporate and the written consent of the prescribed body corporate; (c) if the Ngarluma Peoples' native title is to be held by the common law holders with a prescribed body corporate to perform the functions in sub-section 57(3) of the Native Title Act 1993 (Cth) - the name and the rules of the proposed prescribed body corporate.
Any party has liberty to apply within 21 days from the date the name and the rules of the proposed prescribed body corporate are filed and served in accordance with order 19 above.
If order 19 is not complied with in the time specified then it is determined that the native title rights and interests of the Ngarluma People are held by the Ngarluma People as common law holders.
If the native title rights and interests of the Ngarluma People are held by the Ngarluma People as common law holders in accordance with order 21 above then the matter is to be relisted by the Registrar in order that the Court can consider the making of orders in accordance with section 57(2) of the Native Title Act 1993 (Cth).
Until such time as there is a registered native title body corporate in relation to the native title rights and interests of the Ngarluma People, any notices required under the Native Title Act 1993 (Cth) or otherwise to be served on the Ngarluma native title holders or the Ngarluma registered native title claimants may be served on the representative Aboriginal/Torres Strait Islander body in relation to the land or waters concerned or such other address for service for the Ngarluma People as may be notified to the Court and the parties by the said representative Aboriginal/Torres Strait Islander body, and such service shall be deemed to be sufficient.
Applications WAD 127 of 1997 and WAD 6256 of 1998 and WAD 6169 of 1998 are, to the extent they overlap with application WAD 6017 of 1998 (as depicted in the Fourth Schedule), dismissed, such dismissal being without prejudice to any rights the members of the native title claim group in respect of application WAD 6256 of 1998 may have as Ngarluma People or Yindjibarndi People (and not as Wong-goo-tt-oo) to be native title holders.
No order as to costs.

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3/231 Cossack Town Lot 147 3/239 Roebourne Town Lot 124 7/397 Cossack Town Lot 146 10/118 Roebourne Town Lot 174 11/48 Roebourne Town Lot 130 11/60 Roebourne Town Lot 166 11/91 Cossack Town Lot 164 14/174 Roebourne Town Lot 150 15/341 Roebourne Suburban Lot 3 15/345 Cossack Town Lot 165 18/329 North Location 39 18/330 North Location 38 18/331 North Location 37 20/36 Roebourne Town Lot 271 21/329A Cossack Lot 151 31/373 Cossack Town Lot 170 33/39 Cossack Town Lot 160 35/14 Roebourne Town Lot 152 35/15 Roebourne Town Lot 153 35/16 Roebourne Town Lot 154 35/17 Roebourne Town Lot 155 35/18 Roebourne Town Lot 156 35/177 Cossack Town Lot 135 35/178 Cossack Town Lot 136 35/283 Roebourne Town Lot 57 35/284 Roebourne Town Lot 58 38/44A North Location 6 39/380A Roebourne Town Lot 190 79/189A Roebourne Town Lots 144 & 145 124/188A Roebourne Town Lot 114 186/197 Roebourne Town Lots 380 & 381 136/2 Roebourne Town Lot 174 and 175 156/22 Cossack Town Lot 116 193/174 Balla Balla Town Lot 45 221/143 Lot 1 on Deposited Plan 528 228/9 Roebourne Lot 385 265/56 Cossack Town Lot 152 267/54 Cossack Town Lot 424 319/143 Roebourne Lot 115 354/50 Cossack Town Lot 176 390/172A Roebourne Lot 394 405/11A Roebourne Lot 396 416/2 Roebourne Suburban Lot 4 416/3 Roebourne Suburban Lot 5 421/143 Balla Balla Lot 73 424/127 Balla Balla Lot 68 445/76 Roebourne Town lot 134, 135, 146 & 147 451/184A Roebourne Town Lots 99, 100, 101, 102, 103, 106, 107, 108 451/185A North Location 4 451/186A North Location 9 451/187A North Location 54 451/190A North Location 72 451/192A North Location 23 451/193A North Location 70 451/194A North Location 26 456/131 Roebourne Town Lot 1 464/35A Portion Roebourne Town Lot 53 466/103A Roebourne Town Lot 21 475/37A Lot 1 on Diagram 41164 475/38A Lot 2 on Diagram 41164 486/44A Portion Roebourne Lots49 and 50 481/143 Cossack Town Lot 153 488/164 North Location 34 506/197A Lot 13 on Diagram 41455 508/149A Roebourne Lot 438 508/165A Roebourne Lot 436 523/114 Cossack Town Lot 121 541/78A Lot 2 on Plan 528 541/82A Lot 4 on Plan 528 550/87 Cossack Town Lot 145 570/65 Roebourne Town Lot 266, 267, 268, 269, 270, 272, 273, 274, 275, 276, 278, 279, 280, 281, 282, 283, 284, 285, 286, 287, 288 and 289 583/51 Roebourne Townsite 149 610/193A Roebourne Lot 471 762/156 Roebourne Town Lot 123 839/108 De Witt Location 11 (but not insofar as it covers the Section 47B Area) 1002/353 Cossack Town Lot 125 1020/864 Roebourne Town Lot 128, 145, 151, 265 & 271 1022/225 De Witt Location 14 1024/426 Part Lots 5 & 7 on Plan 528 1031/75 North Location 71 1031/76 Balla Balla Town Lot 43 & 44 1040/615 Peawah Location 6 1046/512 Roebourne Town Lot 27 1093/705 Roebourne Suburban Lot 16 (but not insofar as it covers the Section 47A Area) 1093/889 De Witt Location 15, Roebourne Suburban Lot 9, North Location 36 (part) & Roebourne Suburban Lot 16 (part) (but not insofar as it covers the Section 47B Area) 1107/653 Roebourne Lots 162 & 163 1113/927 Cossack Town Lot 124 1130/580 Cossack Town Lot 141 1156/380 North Location 3 1160/901 Roebourne Lot 19 1188/398 Roebourne Lot 105 1188/526 Roebourne Lot 176 1188/965 Roebourne Lot 169 1200/267 Roebourne Lot 54 & Portion Roebourne Town Lot 53 1203/514 Roebourne Lot 121 1203/515 Roebourne Lot 28 1222/113 Roebourne Part Lot 18, Lots 116, 117 1225/674 Roebourne Town Lot 29 1238/195 Roebourne Lot 119 1238/229 Roebourne Lot 6 1238/230 Roebourne Lot 10 1238/231 Roebourne Lot 259 1238/595 Roebourne Lot 127 1245/348 De Witt Location 12 1247/338 Roebourne Lot 188,189 1249/383 Lot 11 on Plan 528 1252/43 Roebourne Lots 399, 400 1259/853 Roebourne Lot 416 1266/926 Balla Balla Lot 97 1316/148 Roebourne Lots 428, 437, 439, 440, 441, 442, 443, 445 1316/347 Roebourne Lot 196 1318/889 Roebourne Lot 434 1320/11 Roebourne Lot 59 1320/12 Roebourne Lot 60 1320/17 Roebourne Lot 146 1322/526 Lot 1 on Diagram 42823 1322/0527 Lot 2 on diagram 42823 1322/528 Roebourne Lot 397 1323/681 Roebourne Lot 111 1328/400 Roebourne Lot 435 1329/912 Roebourne Lot 421 1329/913 Roebourne Lot 422 1335/179 Portion Roebourne Lot 9 1336/708 Roebourne Lot 428 1346/865 Roebourne Lot 113 1348/518 Roebourne Town Lot 167 1349/725 Roebourne Lot 194 1349/726 Roebourne Lot 195 1352/369 Roebourne Lot 188 1363/796 Cossack Town Lot 170 1363/797 Balla Balla Town Lot 65, 66 & 67 1363/798 Roebourne Town Lot 168 1364/592 Roebourne Lot 415 1364/593 Roebourne Lot 479 1364/594 Roebourne Lot 484 1364/595 Roebourne Lot 485 1364/596 Roebourne Lot 508 1364/597 Roebourne Lot 509 1364/598 Roebourne Lot 515 1364/599 Roebourne Lot 521 1364/600 Roebourne Lot 527 1365/847 North Location 42, 43, 51, 36 (part), 55 (part), 56 (part) & 65 (part) 1368/185 Roebourne Lot 492 1368/186 Roebourne Lot 496 1368/187 Roebourne Lot 499 1369/444 Roebourne Lot 519 1369/461 Roebourne Lot 522 1376/584 Roebourne Lot 440 1376/585 Roebourne Lot 441 1381/810 De Witt Location 17 1381/811 De Witt Location 70 & 71 1382/158 Roebourne Lot 413 1382/159 Roebourne Lot 401 1382/160 Roebourne Lot 412 1382/161 Roebourne Lot 408 1382/162 Roebourne Lot 403 1384/491 Karratha Lot 1143 1387/780 Roebourne Lot 143 1387/781 Roebourne Lot 482 1387/782 Roebourne Lot 477 1387/783 Roebourne Lot 483 1387/784 Roebourne Lot 497 1387/785 Roebourne Lot 498 1390/918 Lot 3 on Plan 528 1390/952 North Location 47 1390/953 North Location 2 1391/354 Roebourne Lot 474 1396/5 Roebourne Lot 545 1397/994 Lot 1 of North Location 67 1397/995 North Location 67 1401/992 De Witt Location 83 1405/827 Roebourne Lot 443 1435/582 North Location 16 1437/701 Roebourne Town Lot 30 1442/176 North Locations 10 & 11 1443/601 Karratha Lot 1485 1445/635 Roebourne Lot 534 1453/191 Roebourne Lot 669 1453/192 Roebourne Lot 667 1453/193 Roebourne Lot 665 1453/194 Roebourne Lot 661 1453/195 Roebourne Lot 660 1453/196 Roebourne Lot 658 1453/197 Roebourne Lot 651 1453/198 Roebourne Lot 645 1453/199 Roebourne Lot 642 1453/200 Roebourne Lot 640 1455/603 Roebourne Lot 630 1455/604 Roebourne Lot 629 1462/999 North Location 32 1484/784 Part of Lot 15 on Diagram 42138 1490/126 Roebourne Lot 140, 141, 142 1500/542 Roebourne Town Lot 14 1500/543 Roebourne Town Lot 16 1517/780 Lot 1 on Diagram 53119 1517/781 Lot 2 on Diagram 53119 1518/440 Roebourne Town Lot 31 1519/118 Roebourne Lot 571 1519/119 Roebourne Lot 574 1519/120 Roebourne Lot 575 1519/121 Roebourne Lot 576 1519/122 Roebourne Lot 577 1519/123 Roebourne Lot 578 1519/125 Roebourne Lot 581 1519/126 Roebourne Lot 582 1519/127 Roebourne Lot 583 1519/128 Roebourne Lot 584 1519/129 Roebourne Lot 585 1519/130 Roebourne Lot 586 1519/131 Roebourne Lot 587 1519/132 Roebourne Lot 588 1519/133 Roebourne Lot 589 1519/134 Roebourne Lot 590 1519/135 Roebourne Lot 591 1519/136 Roebourne Lot 592 1519/137 Roebourne Lot 593 1519/138 Roebourne Lot 594 1519/139 Roebourne Lot 596 1519/140 Roebourne Lot 597 1519/141 Roebourne Lot 598 1519/142 Roebourne Lot 599 1519/143 Roebourne Lot 602 1519/144 Roebourne Lot 603 1519/145 Roebourne Lot 604 1519/146 Roebourne Lot 605 1519/147 Roebourne Lot 606 1519/148 Roebourne Lot 607 1519/149 Roebourne Lot 608 1519/150 Roebourne Lot 609 1519/151 Roebourne Lot 610 1519/152 Roebourne Lot 612 1519/153 Roebourne Lot 613 1519/154 Roebourne Lot 614 1519/155 Roebourne Lot 615 1519/156 Roebourne Lot 616 1519/157 Roebourne Lot 617 1519/158 Roebourne Lot 618 1519/159 Roebourne Lot 619 1519/160 Roebourne Lot 621 1519/161 Roebourne Lot 622 1519/162 Roebourne Lot 623 1519/163 Roebourne Lot 624 1519/164 Roebourne Lot 625 1519/165 Roebourne Lot 626 1519/166 Roebourne Lot 627 1519/167 Roebourne Lot 688 1519/168 Roebourne Lot 570 1519/169 Roebourne Lot 569 1519/994 Cossack Lot 117 1523/780 Roebourne Lot 649 1523/781 Roebourne Lot 650 1525/178 Roebourne Lot 407 1526/90 Roebourne Lot 400 1526/946 North Location 48 & portion North Location 64 1527/151 Roebourne Lot 546 1531/382 Roebourne Lot 489 1531/439 Roebourne Lot 480 1532/262 Roebourne Lot 33 1546/495 Roebourne Town Lot 112 1550/99 Roebourne Town Lot 23 1563/652 Roebourne Lot 487 1564/269 Roebourne Lot 644 1566/568 Roebourne Lot 659 1566/569 Roebourne Lot 704 1566/570 Roebourne Lot 705 1567/519 Karratha Lot 1996 1567/578 Roebourne Lot 662 1581/605 Roebourne Lot 409 1581/606 Roebourne Lot 410 1581/607 Roebourne Lot 411 1585/796 Roebourne Lot 531 1590/377 Roebourne Lot 631 1590/378 Roebourne Lot 524 1590/379 Roebourne Lot 420 1598/311 Roebourne Lot 32 1598/312 Roebourne Lot 34 1599/430 Roebourne Lot 507 1602/758 Roebourne Lot 494 1604/987 Roebourne Lot 513 1608/922 Roebourne Lot 643 1610/761 Roebourne Town Lot 264 1613/0306 Roebourne Lot 634 1617/564 Roebourne Lot 635 1617/565 Roebourne Lot 637 1619/336 Roebourne Lot 517 1624/832 Roebourne Lot 469 1624/833 Roebourne Town Lot 193 1624/0834 Roebourne Lot 552 1626/166 Roebourne Lot 264 1628/574 Roebourne Lot 512 1632/643 Roebourne Lot 675 1634/0234 Roebourne Lot 652 1634/0235 Roebourne Lot 653 1642/0893 Roebourne Lot 488 1644/525 Roebourne Lot 126 1644/526 Cossack Town Lot 167 1646/278 Roebourne Lot 495 1654/988 Roebourne Lot 525 1654/989 Roebourne Lot 526 1659/66 Roebourne Lot 429 1659/67 Roebourne Lot 486 1659/68 Roebourne Lot 490 1659/69 Roebourne Lot 503 1659/71 Roebourne Lot 514 1659/72 Roebourne Lot 516 1659/73 Roebourne Lot 523 1659/74 Roebourne Lot 657 1659/75 Roebourne Lot 668 1659/869 Roebourne Suburban Lot 1 (Part Lot 12 on Plan 528) 1667/5 Roebourne Lot 417 1677/989 Roebourne Lot 424 1683/785 Cossack Town Lot 149 1683/787 Cossack Town Lot 150 1685/729 Roebourne Lot 423 1685/866 Roebourne Lot 418 1687/59 Roebourne Lot 520 1691/19 Roebourne Lot 405 1692/99 Roebourne Lot 454 1694/689 Roebourne Lot 504 1694/857 Lot 100 on Diagram 67860 1694/858 Portion Roebourne Lot 448 1697/31 Roebourne Lot 753 1705/771 Roebourne Lot 424 1708/691 Roebourne Lot 426 1713/478 Roebourne Lot 459 1713/554 Roebourne Lot 461 1714/861 Roebourne Lot 666 1719/18 Roebourne Lot 547 1722/82 Roebourne Lot 427 1723/39 Roebourne Lot 752 1724/734 Roebourne Lot 432 1726/177 Roebourne Lot 452 1728/883 Roebourne Lot 431 1728/884 Roebourne Lot 437 1738/703 Roebourne Lot 110 1738/766 Roebourne Lot 120 1740/598 Roebourne Lot 656 1748/823 Lot 1 on Diagram 70971 1751/134 Roebourne Lot 447 1751/0412 Roebourne Lot 512 1751/413 Roebourne Lot 749 1753/164 Roebourne Lot 151 1773/240 Roebourne Lot 632 1773/241 Roebourne Lot 636 1773/242 Roebourne Lot 648 1773/243 Roebourne Lot 663 1773/867 Roebourne Lot 638 1778/353 Lot 6 on Plan 528 1783/174 Roebourne Lot 466 1785/795 Lot 12 on Diagram 72573 1785/796 Lot 11 on Diagram 72573 1789/434 Lot 14 on Diagram 41455 1792/87 Karratha Lot 4202 1792/687 Lot 12 on Diagram 72573 1795/967 Roebourne Lot 655 1800/365 Roebourne Lot 501 1802/855 Roebourne Lot 548 1810/175 Roebourne Lot 755 1812/355 Roebourne Lot 564 1814/928 Roebourne Lot 475 1817/551 Roebourne Lot 558 1821/191 Roebourne Lot 419 1827/408 Roebourne Lot 147 1827/409 Roebourne Lot 148 1837/802 Roebourne Lot 529 1838/757 Roebourne Lot 530 1845/991 Roebourne Lot 491 1845/992 Roebourne Lot 481 1849/424 Roebourne Lot 476 1857/926 Roebourne Lot 701 1861/571 Lot 1 on Diagram 41696 1861/572 Lot 2 on Diagram 41696 1861/573 Lot 3 on Diagram 41696 1866/336 Roebourne Lot 478 1872/17 Lot 100 on Diagram 77649 1881/279 Lot 710 on Diagram 78197 1881/325 Roebourne Lot 518 1892/697 Lot 1 on Diagram 78763 1903/131 Roebourne Lot 533 1940/136 Roebourne Lot 464 1940/559 Roebourne Lot 664 1946/77 Lot 1 on Diagram 80812 1948/185 Lot 17 on Diagram 52876 1958/220 Roebourne Town Lot 25 1972/692 Peawah Location 58 1977/98 De Witt Location 153 1986/554 Roebourne Lot 414 1991/48 Karratha Lot 1090 1991/423 Roebourne Lot 537 1994/185 Roebourne Lot 678 2009/631 Roebourne Town Lot 49 2023/664 Roebourne Lot 563 2032/535 Karratha Lot 2637 2052/356 Lot 10 on Diagram 89258 2073/140 Roebourne Lot 460 2073/141 Roebourne Lot 540 2081/501 Roebourne Lot 511 2084/921 Roebourne Lot 500 0029/1996 CL

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2/231 Cossack Town Lot 111 2/468 Cossack Town Lot 105 2/481 Cossack Town Lot 10 2/482 Cossack Town Lot 133 2/483 Cossack Town Lot 103 2/484 Cossack Town Lot 132 2/499 Cossack Town Lot 108 3/500 Cossack Town Lot 115 3/535 Cossack Town Lot 104 3/536 Cossack Town Lot 110 3/629 Cossack Town Lot 112 3/630 Cossack Town Lot 134 3/748 Roebourne Town Lot 122 3/778 Roebourne Town Lot 12 3/793 Cossack Town Lot 154 4/980 Roebourne Town Lot 48 4/1031 Cossack Town Lot 139 4/1032 Cossack Town Lot 140 5/1177 Roebourne Town Lot 109 5/1211 Cossack Town Lot 113 5/1212 Cossack Town Lot 148 5/1265 Cossack Town Lot 58 5/1272 Cossack Town Lot 157 5/1282 Cossack Town Lot 159 5/1310 Roebourne Town Lot 55 5/1313 Roebourne Town Lot 157 5/1314 Roebourne Town Lot 158 5/1317 Cossack Town Lot 102 5/1319 Cossack Town Lot 114 5/1320 Cossack Town Lot 173 5/1321 Cossack Town Lot 174 5/1322 Cossack Town Lot 175 5/1324 Roebourne Town Lot 170 5/1327 Roebourne Town Lot 173 5/1403 Cossack Town Lot 162 5/1407 Roebourne Town Lot 104 6/82 Cossack Town Lot 172 6/257 Roebourne Town Lot 208 6/258 Roebourne Town Lot 177 6/260 Roebourne Town Lot 199 6/263 Cossack Town Lot 163 6/291 Roebourne Town Lot 164 6/292 Roebourne Town Lot 165 6/357 Roebourne Town Lot 178 7/28 Roebourne Town Lot 207 7/71 Roebourne Suburban Lot 2 7/198 Roebourne Town Lot 220 7/245 Cossack Town Lot 155 8/209 Roebourne Suburban Lot 7 8/389 Cossack Town Lot 166 8/395 Roebourne Town Lot 180 8/447 Roebourne Town Lot 179 8/450 Roebourne Town Lot 183 8/458 Roebourne Town Lot 181 8/459 Roebourne Town Lot 182 8/449 Roebourne Suburban Lot 15 8/478 Cossack Town Lot 169 8/479 Cossack Town Lot 170 8/484 Roebourne Town Lot 206 8/485 Roebourne Town Lot 210 8/584 Roebourne Suburban Lot 16 (but not insofar as it covers the Section 47A Area) 8/588 Roebourne Town Lot 56 8/635 Cossack Town Lot 106 8/636 Cossack Town Lot 107 8/639 Cossack Town Lot 156 9/89 Roebourne Town Lot 160 9/98 Roebourne Town Lot 159 9/550 Cossack Town Lot 339 9/551 Cossack Town Lot 340 9/552 Cossack Town Lot 341 9/553 Cossack Town Lot 344 9/554 Cossack Town Lot 347 9/656 Cossack Town Lot 161 9/657 Cossack Town Lot 206 10/434 Roebourne Suburban Lot 9 11/92 Cossack Town Lot 271 11/94 Cossack Town Lot 272 15/111 Roebourne Town Lot 382

[45]

(10) Roads: Road ID Road No Road Name 1 155 2 156 3 279 4 371 5 388 North West Coastal Highway 6 390 Roebourne Wittenoom Road 7 391 8 392 9 393 10 407 11 432 North West Coastal Highway 12 656 13 657 14 658 15 1206 16 1644 18 7694 19 7695 20 7696 21 14625 22 14780 25 15215 26 15389 27 16088 28 18651 29 Road 30 Sams Creek Road 31 Point Samson Roebourne Road 32 Point Samson Roebourne Road 33 Point Samson Roebourne Road 34 Point Samson Roebourne Road 35 Road 36 Point Samson Roebourne Road 37 Point Samson Roebourne Road 39 North West Coastal Highway 40 15863 North West Coastal Highway 41 Croul Road 42 Road 43 15863 North West Coastal Highway 44 432 North West Coastal Highway 45 15863 North West Coastal Highway 46 Burrup Road 47 18785 Mof Road 48 Burrup, Village and Bay Roads 49 18741 Griffin Road 50 Hearson Cove and Burrup Roads 51 Burrup Road 52 16312 53 Cinders Road 54 Cinders Road 55 16211 Cinders Road 56 16211 Cinders Road 57 15444 Dampier Road 58 15444 Dampier Road 59 15444 60 15444 Dampier Road 61 Road 62 17821 Madigan Road 63 Rosemary Road 64 Gwen Road 65 Karratha Road 66 Corral Road 67 Mystery Road 68 Robins Road 69 18673 Kennels Road 70 388 71 Karratha Road 72 14530 73 17922 Madigan Road 74 Rankin Road 75 Roads 76 Roads 77 Roads 78 Roads 79 Jager Street 80 Jager Street, Samson Road and Murray Road 81 15861 Watson Street 82 14273 Samson Road 83 14274 Nairn Street 84 14272 Cleaverville Road 85 14275 86 Burrup Road and Lockyer Way 87 Roads 88 Cleaver Court 89 Roads 90 Roads 91 Roads 92 Roads 93 390 Scholl Street 94 390 Scholl Street 95 15597 Fisher Drive 96 13979 De Grey Street 97 13979 De Grey Street 98 15864 Jiwuna Way 99 Jiwuna Way 100 15863 North West Coastal Highway 101 Road 102 15863 North West Coastal Highway 103 15863 North West Coastal Highway 104 15863 North West Coastal Highway 105 Roads 106 13959 North West Coastal Highway Section of road 390 shown in Government Gazette 31 August 1893 page 869 3705 portion of Point Samson - Roebourne Road Road on Deposited Plan 217003 Portion of Point Samson-Roebourne Road (shown on Deposited Plans 214781 and 214782) Hakea Place (shown on Deposited Plan 214782) portion of Spinifex Road (shown on Deposited Plan 214782) as shown on Map 1 Tamarind Place (shown on Deposited Plan 214782)

[46]

(11) Resumptions: Parcel No Parcel Type (Whole or part of) 3116/4629 Special Lease 394/439 Pastoral Lease 3114/439 Pastoral Lease 3114/464 Pastoral Lease 3114/466 Pastoral Lease 3114/716 Pastoral Lease 28.01.1983 p 356 1240/869 Freehold 1240/868 Freehold 1240/867 Freehold 1067/369 Freehold R 611 Reserve R 613 Reserve part R 9701 Reserve R 30948 Reserve part R 31113 Reserve part R 31114 Reserve R 41012 Reserve Land marked off and more particularly described on Plan PWD WA 48208-1-3-4-5-6-7-8 Karratha Lot 4631, Crown land volume 3113 folio 465 Land shown on Deposited plans 194628 & 28085 Government Gazette Details (containing extent of resumption) 21.02.1995 pp 576, 577 09.08.1974 p 2966 09.08.1974 p 2966 18.05.1979 p 1329 09.08.1974 p 2966 18.05.1979 p 1329 23.08.1985 p 3005 23.08.1985 p 3005 23.08.1985 p 3005 23.08.1985 p 3005 21.02.1995 pp 576, 577 21.02.1995 pp 576, 577 18.05.1979 p 1330 28.10.1997 p 5977 18.05.1979 p 1330 18.05.1979 p 1330 28.10.1997 p 5977 18.05.1979 p 1329 Unallocated Crown land Taking order dated 20.11.2001 Unallocated Crown land Taking order dated 05.01.04

[78]

Thence southerly to the easternmost northeastern corner of Pastoral Lease 3114/558 (Sherlock Station); Thence southerly, westerly and again southerly along boundaries of that pastoral lease to a southeastern corner; Thence southeasterly to Latitude 21.025485 South, Longitude 117.880424 East; Thence southeasterly to Latitude 21.029842 South, Longitude 117.892260 East; Thence southeasterly to the westernmost northwestern corner of Reserve 31427; Thence southerly, easterly and again southerly along boundaries of that reserve to the northern boundary of Reserve 31429 (Mungaroona Range Nature Reserve); Thence easterly and generally southeasterly along boundaries of that reserve to a eastern corner at Latitude 21.809846 South; Thence westerly to Latitude 21.813716 South, Longitude 118.422139 East; Thence westerly to Latitude 21.817967 South, Longitude 118.301556 East; Thence westerly to a western corner of Pastoral Lease 3114/1173 (Hooley Station) at Latitude 21.827702 South; Thence westerly and southerly along boundaries of that pastoral lease to a northern boundary of Reserve 5515; Thence southerly to the intersection of the southern boundary of Reserve 5515 with a western boundary of Pastoral Lease 3114/1173 (Hooley Station); Thence southerly along that western boundary to a western corner of that pastoral lease and onwards to Latitude 21.955976 South, Longitude 118.020315 East; Thence westerly to a southeastern corner of Pastoral Lease 3114/1228 (Coolawanyah Station); Thence westerly along a southern boundary of that pastoral lease to a southeastern corner; Thence westerly to Latitude 21.955893 South, Longitude 117.494065 East; Thence westerly to Latitude 21.955894 South, Longitude 117.411064 East; Thence north to a eastern corner of Unallocated Crown; Thence northerly along a eastern boundary of that unallocated crown land to a southern boundary of Reserve 38991; Thence northerly and generally westerly along boundaries of that reserve to a northeastern boundary of Ashburton Location 148 (Reserve 38991); Thence northwesterly along that boundary to a eastern corner of Pastoral Lease 3114/1013 (Yalleen Station); Thence northerly, easterly and generally northwesterly along boundaries of that pastoral lease to Longitude 116.819303 East; Thence westerly to a western boundary of Special Lease 3116/4622 at Latitude 21.474046 South; Thence generally northerly along western boundaries of that special lease to a northern boundary of Reserve 38991; Thence westerly along that boundary of that reserve to a eastern boundary of Pastoral Lease 3114/1013 (Yalleen Station); Thence northerly and westerly along boundaries of that pastoral lease to Longitude 116.800532 East; Thence northerly to a southern boundary of Pastoral Lease 3114/716 (Mt Welcome Station) at Longitude 116.800535 East; Thence westerly, northerly, again westerly and again northerly along boundaries of that pastoral lease to its westernmost northwestern corner; Thence northerly to the southwestern corner of the southern severance of Reserve 356; Thence northerly along the western boundary of that severance to its northwestern corner; Thence northerly to and northerly along the western boundary of the northern severance of Reserve 356 to Latitude 20.844722 South; Thence northwesterly to Latitude 20.841057 South, Longitude 116.589897 East; Thence northwesterly to Latitude 20.836480 South, Longitude 116.582319 East; Thence northwesterly to a eastern corner of Reserve 9701 at Longitude 116.572288 East; Thence generally northwesterly along northeastern boundaries of that reserve to a northern corner; Thence northwesterly to the High Water Mark of the Indian Ocean at Longitude 116.546795 East; Thence generally northwesterly along that high water mark to Longitude 116.510163 East; Thence northwesterly to Latitude 20.783849 South, Longitude 116.508825 East; Thence northwesterly back to the commencement point.

[80]

All those lands and waters commencing at the intersection of a western boundary of Reserve 34922 with a northern side of Searipple Road and extending generally easterly along northern sides of that road to a western boundary of Reserve 44015; Thence northwesterly, northeasterly and southeasterly along boundaries of that reserve to a northern side of Searipple Road; Thence generally northeasterly along sides of that road to a southern boundary of Karratha Lot 1481 as shown on Department of Land Information Deposited Plan 182315; Thence westerly, northerly, easterly, southeasterly and southerly along boundaries of that lot to a northern boundary of Mystery Road; Thence generally southeasterly along sides of that road to Longitude 116.871324 East; Thence southerly to a southern side of Mystery Road at Longitude 116.871197; Thence northwesterly along sides of that road to a eastern side of Maitland Road; Thence southwesterly and generally southerly along eastern sides of that road to a northern side of Millstream Road; Thence southeasterly, southerly and northwesterly along sides of that road to a eastern boundary of Reserve 32197; Thence generally southwesterly, southeasterly, southwesterly, northwesterly, northeasterly, again southeasterly and generally northeasterly along boundaries of that reserve to a southern side of Millstream Road; Thence generally westerly and generally southwesterly along southern sides of that road and southern sides of Dampier Road to a eastern boundary of Reserve 34105; Thence generally southwesterly and westerly along boundaries of that reserve to a southeastern corner of Reserve 37085; Thence westerly and northwesterly along boundaries of that reserve to a eastern boundary of Reserve 37774; Thence southerly, southwesterly, again southerly and again southwesterly along boundaries of that reserve to a eastern side of Rosemary Road; Thence southwesterly to a western side of Rosemary Road at Latitude 20.755515 South; Thence northwesterly along western sides of that road to the easternmost corner of Karratha Lot 2636 as shown on Department of Land Information Deposited Plan 214685; Thence southwesterly, northwesterly and northerly along boundaries of that lot to a southern side of Radley Drive; Thence generally southwesterly along sides of that road to a eastern boundary of reserve 40708; Thence southerly, westerly and northerly along boundaries of that reserve to a southern side of Radley Drive; Thence generally southwesterly and generally northwesterly along sides of that drive to a southeastern side of Baynton Drive; Thence southwesterly, northwesterly and generally northeasterly along sides of that Drive to a southwestern boundary of Reserve 40989; Thence northwesterly, northeasterly and southeasterly along boundaries of that reserve to a western side of Baynton Drive; Thence generally northeasterly and generally northerly along sides of that drive to a southern side of Dampier Road; Thence generally westerly along southern sides of that road to the prolongation southerly of the western side of Balmoral Road; Thence northerly to and generally northerly, generally northeasterly and generally southeasterly along sides of that road to a northern boundary of Lot 2654 as shown on Department of Land Information Deposited Plan 184357; Thence northeasterly, northwesterly, again northeasterly and southwesterly along boundaries of that lot and onwards to the northernmost corner of Lot 4210 as shown on Department of Land Information Deposited Plan 29179; Thence southwesterly along the northwestern boundary of that lot to its westernmost corner; Thence northwesterly to the southernmost corner of Lot 2654 as shown on Department of Land Information Deposited Plan 184357; Thence northwesterly and southwesterly along boundaries of that lot to a northeastern side of Balmoral Road; Thence generally southeasterly along sides of that road to a northern side of a Closed Road as shown on Department of Land Information Deposited Plan 213104; Thence southeasterly along that side of that closed road to a northern side of Balmoral Road; Thence generally northeasterly along sides of that road to a northwestern side of Warambie Road; Thence easterly and generally northeasterly along sides of that road to the southeastern corner of Reserve 33666; Thence northwesterly along the northeastern boundary of that reserve to the westernmost corner of Reserve 41119, being Lot 4545; Thence northeasterly along the northern boundary of that lot and the northern boundary of Reserve 41120 to the westernmost northwestern corner of Lot 1121 as shown on Department of Land Information Deposited Plan 175620; Thence northeasterly and southeasterly along boundaries of that lot to a western side of Searipple Road; Thence generally northeasterly and generally easterly along sides of that road back to the commencement point.

[81]

All those lands and waters commencing at the northernmost corner of the northeastern severance of Reserve 35098 and extending southeasterly along the eastern boundary of that severance to the northwestern boundary of Reserve 35097; Thence northeasterly along that boundary of that reserve to the southernmost corner of reserve 31834; Thence northwesterly, northeasterly and southeasterly along boundaries of that reserve to the northwestern boundary of Reserve 35097; Thence northeasterly and southeasterly along boundaries of that reserve to a northern boundary of Karratha Lot 2567 as shown on Department of Land Information Deposited Plan 214664; Thence northeasterly along the northern boundary of that lot to a western boundary of Unallocated Crown Land, previously Lot 1058 as shown on Department of Land Information Deposited Plan 211552; Thence northerly, easterly, southeasterly and southwesterly along boundaries of that unallocated crown land to the easternmost boundary of Karratha Lot 4601 as shown on Department of Land Information Deposited Plan 35280; Thence southwesterly along the southeastern boundary of that lot to the northernmost corner of the northern severance of Reserve 32318; Thence southwesterly along the northwestern boundary of that severance to its westernmost corner; Thence southwesterly to the northernmost corner of the southern severance of Reserve 32318; Thence generally southwesterly along northwestern boundaries of that severance to a northern boundary of Pastoral Lease 3114/464 (Karratha Station); Thence generally southwesterly along boundaries of that pastoral lease to a eastern side of Karratha Road; Thence northerly along that side of that road to the southernmost corner of the southeastern severance of Lot 971; Thence southwesterly to the southeastern corner of the southwestern severance of Lot 971; Thence southwesterly and northerly along boundaries of that lot to the southwestern corner of Venn Road; Thence northerly and northeasterly along sides of that road to a western side of Karratha Road; Thence generally northerly along western sides of that road to the prolongation southwesterly of the northern side of Mooligunn Road; Thence northeasterly to and northeasterly, easterly and southeasterly along northern sides of that road to a western boundary of the southwestern severance of Reserve 35098; Thence generally northeasterly along boundaries of that severance to a western side of Keating Road; Thence generally northeasterly along sides of that road to a southwestern boundary of the northeastern severance of Reserve 35098; Thence northwesterly and northeasterly along boundaries of that severance back to the commencement point.

At a glance

Court

Decision date

Before

Source

Judgment (113 paragraphs)

Parties

Legislation Cited (24)