INTRODUCTION
1 On 30 October 1997, some 19 years ago, an application for a native title determination was lodged with the National Native Title Tribunal on behalf of the Iman People. To be specific, this application, the Iman People #2 application, was one of three Iman applications lodged with the Tribunal, or filed with the Court, in the late 1990s. The other two applications were subsequently dismissed (in the case of Iman People #1) or discontinued (in the case of Iman People #3).
2 This remaining application covers over 13,997 square kilometres of land in Central Queensland surrounding the towns of Taroom and Wandoan, including Robinson Gorge National Park, Expedition National Park and Isla Gorge National Park. The application has been amended on a number of occasions, primarily to replace the Iman Applicant and to make changes to various schedules within it. The application remains registered on the Register of Native Title Claims.
3 Over the years, a number of persons and organisations have become respondent parties to this proceeding and, in the course of the recent negotiations, a considerable number of those parties have withdrawn. The remaining parties include: the State of Queensland; the Western Downs, Maranoa, and Central Highlands Regional Councils; the Banana Shire Council; Ergon Energy Corporation Limited; Telstra Corporation Limited; a number of mining companies; and a larger number of pastoralists.
4 The parties have now informed the Court that they have reached agreement to resolve this proceeding in relation to all but three parcels of land within the claim area. Accordingly, the parties have requested that the Court make a determination of native title under s 87A of the Native Title Act 1993 (Cth) (the NTA) in the terms of the agreement filed with the Court on 7 June 2016 as amended on 22 June 2016 (the s 87A Agreement).
[2]
THE LONG HISTORY OF THE IMAN PEOPLE'S CLAIM
5 In my recent judgment in Congoo on behalf of the Bar Barrum People #2 [2016] FCA 693, which I delivered less than two weeks ago, I referred to the Court's grave concern regarding the length of time it is taking to finalise many of the native title determination applications that have been filed in the Court or lodged with the Tribunal since 1994. This concern particularly applies in this matter where 19 years have elapsed since the application was originally lodged. In that period, many of the senior members of the Iman People have passed away without seeing their native title recognised.
6 In my judgment in Kearns on behalf of the Gunggari People #2 v State of Queensland [2012] FCA 651, I endorsed the observations of Rares J in Prior on behalf of the Juru (Cape Upstart) People v State of Queensland & Ors (No 2) [2011] FCA 819 (at [32]) as follows:
Delays of the kind experienced in this litigation cannot be tolerated. Justice delayed is justice denied. As Lord Hailsham of St Marylebone LC said in Reg v Lawrence [1982] AC 510 at 517B: "Where there is delay the whole quality of justice deteriorates."
7 In recent years, particularly since the 2009 amendments to the NTA and the introduction of Part VB to the Federal Court of Australia Act 1976 (Cth), the Court has sought to use its case management powers to attempt to reduce and avoid these sorts of delay occurring in its native title lists. The Court has also adopted a priority listing system of native title proceedings to attempt to ensure that its native title lists are dealt with as justly, quickly, inexpensively and efficiently as possible.
[3]
THE CRITERIA IN SECTION 87A OF THE NATIVE TITLE ACT 1993 (CTH) ARE SATISFIED
8 The application of the parties in this matter concerns a proposed determination of native title for a part of the area under claim. That being so, the power of the Court to give effect to the parties' agreement is founded on s 87A of the NTA. That section sets out various criteria which must be met before the Court may make such a determination of native title. The first necessary criterion is that there is extant a proceeding in relation to an application for a determination of native title (s 87A(1)(a)). The Iman People #2 proceeding is such a proceeding so that criterion has been met.
9 The second criterion is that the notice period under s 66 of the NTA must have ended prior to the parties' agreement being reached (s 87A(1)(b)). The Tribunal's notification of the Iman People #2 application was completed in 2002 and so that criterion has long been met.
10 The third criterion is that the area the subject of the proposed determination must be included in the area covered by the application (s 87A(1)(b)). As has already been mentioned above, the agreement relates to all but three parcels of land within the claim area for the Iman People #2 application. Accordingly, that criterion has also been met.
11 The fourth criterion is that certain persons must be parties to the agreement in question (s 87A(1)(c)). On this criterion, it is convenient to mention first that, under s 87A(1)(c)(vii), the Commonwealth Minister must be a party to the agreement in question if he or she "is a party to the proceeding at the time the agreement is made or has intervened in the proceeding at any time before the agreement is made". In this matter, while the Commonwealth Minister became a party in 2002, in 2013 he filed a notice under s 84(7) ceasing to be a party. He does not therefore fall within the first limb of s 87A(1)(c)(vii) above. However, that does not necessarily dispose of the second limb. To address this matter, I requested submissions from the Iman Applicant on the question whether this step of becoming a party, or any other step taken by the Commonwealth Minister, constituted an intervention in the proceeding under the second limb to s 87(1)(c)(vii) above, such that he must now be a party to the s 87A agreement. Having considered the submissions I subsequently received, I consider that that limb of the subsection is directed to an intervention by the Commonwealth Minister under s 84A of the NTA and it is therefore unnecessary for him to be a party to the s 87A agreement in this instance.
12 Aside from that subsection, the persons or entities that must be parties to the s 87A agreement in this matter are: the Iman Applicant (s 87A(1)(c)(i)); each person who holds an interest in relation to the land or waters in any part of the determination area at the time the agreement is made and who is a party to the proceeding at the time the agreement is made, namely Ergon Energy Corporation Limited, Telstra Corporation Limited, the mining companies and the pastoralists mentioned above (s 87A(1)(c)(ii)); the State of Queensland (s 87A(1)(c)(viii)) and the various local government bodies: the Banana Shire Council; the Central Highlands Regional Council; the Maranoa Regional Council; and the Western Downs Regional Council (s 87A(1)(c)(ix)). Since all of these persons or entities are parties to the s 87A agreement, and none of the other subsections of s 87A(1)(c) applies in this case, I consider this criterion has been met.
13 The fifth criterion is that the terms of the proposed determination must be in writing and signed by each of the abovementioned parties (s 87A(1)(d)). Having examined the proposed determination which was attached to the s 87A agreement filed by the Iman Applicant on 7 June 2016 and amended on 22 June 2016, I am satisfied that this criterion has also been met.
14 Next, as mentioned immediately above, the Iman Applicant filed a copy of the proposed determination with the Court on 7 June 2016 and amended it on 22 June 2016. In that event, s 87A(3) of the NTA requires the Registrar of the Court to give notice to the other parties to the proceeding that such a filing has occurred. While all those parties are required to be, and are in this case, parties to the s 87A agreement, nonetheless the Deputy Registrar (Native Title) gave such a notice to those parties on 20 June 2016. This sixth criterion has therefore been satisfied.
15 The seventh criterion is that the Court must be satisfied that an order in, or consistent with, the terms of the proposed determination would be within the power of the Court (s 87A(4)(a)). A determination of native title will be within the power of the Court if: it is consistent with s 94A of the NTA; the rights and interests included in the proposed determinations are recognisable by the common law of Australia; and there is no other determination in existence over the area the subject of the proposed determination.
16 Section 94A requires the Court, in making a determination, to set out the details of the matters mentioned in s 225 of the NTA. Section 225 outlines the required content of a determination of native title as follows:
A determination of native title is a determination whether or not native title exists in relation to a particular area (the determination area) of land and waters and, if it does exist, a determination of:
(a) who the persons, or each group of persons, holding the common or group rights comprising the native title are; and
(b) the nature and extent of the native title rights and interests in relation to the determination area; and
(c) the nature and extent of any other interests in relation to the determination area; and
(d) the relationship between the rights and interests in paragraphs (b) and (c) (taking into account the effect of this Act); and
(e) to the extent that the land or waters in the determination area are not covered by a non-exclusive agricultural lease or a non-exclusive pastoral lease - whether the native title rights and interests confer possession, occupation, use and enjoyment of that land or waters on the native title holders to the exclusion of all others.
(Emphasis in original; note omitted)
17 The Iman Applicant has filed a detailed set of submissions in which it has described the native title rights and interests that the Iman People hold in the proposed determination area. Those submissions reference the extensive work undertaken by the anthropologist, Dr Fiona Powell and by the historian, Dr Rosalind Kidd. At different stages of this proceeding, Dr Powell prepared seven reports, each of which has been filed with the Court. Dr Kidd's historical report was prepared and filed in December 2012.
18 Having read that material, I am satisfied that the native title rights and interests of the Iman People in the proposed determination area are recognisable by the common law of Australia. Further, with specific regard to the provisions of ss 94A and 225 of the NTA, having examined that material and the proposed determination attached to the s 87A agreement, I am satisfied that each of the matters outlined in those sections is properly articulated in the proposed determination. Finally, I am also satisfied that there is no other determination of native title in existence over any part of the proposed determination area.
19 The final criterion the parties need to meet in order for the Court to make the proposed determination of native title concerns the operation of s 87A(4)(b) of the NTA. That section requires the Court to be satisfied that it would be appropriate to make a determination in terms of the parties' agreement.
20 In Nelson v Northern Territory of Australia (2010) 190 FCR 344; [2010] FCA 1343 (Nelson) (at [5]-[13]), I canvassed the authorities that identified the factors that the Court will routinely have regard to in determining this question of "appropriateness", with respect to the corresponding provision in s 87(1A). I consider those observations apply equally to a determination under s 87A of the NTA. It is not necessary for me to repeat all those observations here, it will suffice to set out the concluding summary as follows (at [14]):
It follows from all these considerations that the central issue in an application for a consent determination under s 87 is whether there exists a free and informed agreement between the parties. In this respect, the process followed by the State party respondent, particularly how it goes about assessing the underlying evidence as to the existence of native title, is critical. Other critical factors, all directed to the processes that lead to the agreement and what was agreed, that have been previously identified by the Court include: whether the parties have independent and competent legal representation..; whether the terms of the proposed order are unambiguous and clear …; and whether the agreement has been preceded by a mediation process …
(Citations omitted)
21 As I have already mentioned above, the Iman Applicant has filed a detailed set of submissions in support of this proposed determination. Having regard to those submissions, I am satisfied that the steps taken by the parties as described therein, together with the fact that all parties have had the advantage of competent legal representation, indicates that their agreement is free and informed. I also take into account the fact that the proposed consent determination has been preceded by an intense process of case management conducted by a Deputy Registrar of this Court. Finally, I am satisfied that the terms of the proposed determination are unambiguous and clear. I am therefore satisfied it is appropriate to make the proposed determination attached to the s 87A agreement.
[4]
A BRIEF REVIEW OF SOME OF THE MATERIALS ABOUT THE IMAN PEOPLE'S NATIVE TITLE
22 Notwithstanding this conclusion, I consider it is appropriate to review briefly some of the anthropological evidence and the evidence of some of the members of the Iman claim group that go to establish that the Iman People hold native title over the determination area. As in Nelson, I do not do this to second guess the process that has been followed by the parties as outlined above, but to provide some acknowledgment to the time and effort that has obviously been devoted to the preparation of the materials that have been placed before the Court in support of this application.
23 The proposed determination recognises that native title is held by the descendants of the following apical ancestors of the Iman people:
(a) Mary Arwa
(b) Jim Waterton
(c) Ada Robinson
(d) Maggie Palmtree
(e) Lizzie Palmtree
(f) Eliza Shields
(g) Mary Dunn (mother of Maggie Dunn)
(h) Fanny Waddy/Sandy
(i) Dick Bundi/Bundai and Alice Dutton
(j) Mother of John Serico (known as Aggie).
24 In addition to the experts' reports mentioned above, a number of members of the Iman claim group - Mr Marshall Bell, Ms Beatrice Henry, Ms Doreen Edmonds, Ms Priscilla Isles, Mr Patrick Silvester, Mr Lawrence Bundi, Mr Eddy Waddy, Mr Richard Doyle Snr, Mr Terrence Cressbrook, Mr Fergus Waterton and Mr William Munns - have filed affidavits that provide compelling evidence of the continued acknowledgement and observance of a range of Iman laws and customs with respect to cultural knowledge, spiritual beliefs, sites, decision-making and resource use. The affidavits illustrate in detail the transmission of the stories that support the beliefs held by the Iman People as they relate to hunting and the collection and preparation of bush tucker, the observance of laws and customs, the kinship of the members of the Iman claim group and their connection to each other through their descent from the apical ancestors named above.
25 The Iman Applicant relies on this material to support exclusive native title rights to that part of the determination area described in Part 1 of Schedule 1 of the proposed determination (other than in relation to the use and enjoyment of water) and to non-exclusive native title rights (other than in relation to the use and enjoyment of water) over the remainder of the determination area, as described in Parts 2, 3 and 4 of Schedule 1.
26 In her Stage 6 Report, Dr Powell opined that:
On the basis of my consideration of the early ethno-historical and more recent materials, I found that the land-holding group relevant to the Claim Area is the one identified as Iman. This group is associated with the area centred on the Upper Dawson and which extends southwards into the upper Condamine region and northwards into the mid-Dawson region. I also found that at and since the time of effective sovereignty in this region (about 1856) the connections of this land-holding group to this area have been regulated according to laws and customs that determine the membership of this group and the group's rights and responsibilities in relation to the ownership of this area and use of its natural resources.
27 In her report, Dr Kidd provided a detailed account of European settlement in the traditional lands of the Iman People. In her Stage 6 Report, Dr Powell summarised the key parts of Dr Kidd's report in the following terms:
… The gradual settling of the area by pastoralists in the decades following the Leichhardt Expedition in 1844.
…
… The Claim Area has a history of warfare between its Aboriginal population and the early pastoralists, resulting in Aboriginal depopulation and relocation to secure places within and beyond the Claim Area. Warfare between the pastoralists and Aboriginal inhabitants commenced in the 1850s, culminating in 1857, with the uprising at Hornet Bank Station, during which most members of the Fraser family and their European workforce were killed. This event was followed by about eighteen months of warfare between the Aboriginal people of the Dawson River region and the settlers, who were assisted by the official Native Mounted Police Force and privately supported militia such as "the Browns" and Frederick Walker's own Native Mounted Police Force. This war ended in the Claim Area in the early 1860s, apparently after the Aboriginal people in the Upper Dawson Valley, realising that they were outnumbered and outgunned, decided to cease their hostilities.
(Footnotes omitted)
28 In his affidavit, Mr Fergus Waterton, one of the members of the Iman claim group, referred to the infamous Hornet Bank killings. He said that:
Dad told me that his father's Grandfather was Bilbah who was involved in the killings of the Fraser family at Hornet Bank. Dad said that immediately after the killings at Hornet Bank, Bilbah went west towards Augathella but came back to the Dawson where he was shot at Cockatoo Station a few years later.
Dad said his grandfather (Bilbah's son) was called Tobin and that after Hornet Bank he was given refuge as a boy on Waterton station, north east of Taroom. That is where our family gets its name from. Dad told me that Tobin grew up and was buried on Waterton Station. Grandfather was born there and upon the death of his father, he took Tobin as his bush name.
Dad said that Grandfather did not become a resident of Taroom Aboriginal settlement until shortly before his death in 1917. Granny Arwa and Dad went with him to Taroom at that time. Dad told me that Grandfather was a renowned horseman and stockman. He worked all through the upper Dawson area. Some of the places that Dad said Grandfather worked on were Waterton, Gwambagwine, Ghinghinda Hornet Bank, Eurombah, Pony Hills, Reedy Creek, Glenhaughton and Lonesome stations. Dad said that when Grandfather couldn't get stock work, he worked ringbarking, fencing and scalping.
Dad told me that my Grandfather is buried by Palm Tree Creek on Waterton station. He said that he was buried there because it was important to our family that he was buried on his country. I got permission from the owners of Waterton Station to visit the grave site. It was the only one down by the creek and I was glad that I had found his resting place.
29 These quotations from the extensive evidence advanced by the Iman Applicant provide a glimpse of the enduring relationship that exists and has existed since sovereignty between the Iman People and the land and waters of the proposed determination area.
[5]
NOMINATION OF A PRESCRIBED BODY CORPORATE
30 Finally, it is necessary to address the nomination of a prescribed body corporate. Section 55 of the NTA requires the Court to make such determinations as are required by s 56 (which deals with holding the native title on trust) and s 57 (which deals with non-trust functions of prescribed bodies corporate). Section 56 of the Act relevantly provides:
Trust determination
(1) One of the determinations that the Federal Court must make is whether the native title is to be held in trust, and, if so, by whom.
Steps in making determination
(2) The Federal Court is to take the following steps in making the determination:
(a) first, it must request a representative of the persons it proposes to include in the determination of native title as the native title holders (the common law holders) to indicate whether the common law holders intend to have the native title held in trust by:
(i) nominating, in writing given to the Federal Court within a specified period, a prescribed body corporate to be trustee of the native title; and
(ii) including with the nomination the written consent of the body corporate; and
(b) secondly, if the common law holders give the nomination within the period, the Federal Court must determine that the prescribed body corporate is to hold the rights and interests from time to time comprising the native title in trust for the common law holders; and
(c) thirdly, if the common law holders do not give the nomination within the period, the Federal Court must determine that the rights and interests are to be held by the common law holders.
Native title held in trust
(3) On the making of a determination under paragraph (2)(b), the prescribed body corporate holds, in accordance with the regulations, the rights and interests from time to time comprising the native title in trust for the common law holders.
(Emphasis in original)
31 Further, s 57 relevantly provides:
Where trustee
(1) If the determination under section 56 is that the native title rights and interests are to be held in trust by a prescribed body corporate, the prescribed body corporate, after becoming a registered native title body corporate (see the definition of that expression in section 253), must also perform:
(a) any other functions given to it as a registered native title body corporate under particular provisions of this Act; and
(b) any functions given to it as a registered native title body corporate under the regulations (see section 58).
…
Functions where not trustee
(3) After becoming a registered native title body corporate, the body must perform:
(a) any functions given to it as a registered native title body corporate under particular provisions of this Act; and
(b) any functions given to it under the regulations (see section 58).
32 In accordance with the above sections, the Iman Applicant has proposed that the native title rights the subject of the proposed determination are to be held on trust for the common law holders by a prescribed body corporate. Accordingly, it has nominated the Wardingarri Aboriginal Corporation (ICN: 8305) (the "Corporation") to be the prescribed body corporate for the purposes of s 56(1) above and to perform the functions mentioned in s 57 above. The Corporation was registered on 22 October 2015. The Iman Applicant has therefore filed all the necessary material to satisfy me that it has complied with the requirements of ss 55 to 57 (inclusive) of the NTA.
[6]
CONCLUSION
33 The achievement of a settlement of a native title claim by agreement is to be encouraged and congratulated. The examination that the Court will now make recognises, under the laws of Australia, that native title exists according to the traditional laws and customs of, and is held by the Iman People. It is, however, important to record in conclusion that this determination does not grant native title to the Iman People, it recognises the native title they have long held in the determination area.
I certify that the preceding thirty-three (33) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Reeves.
[7]
SCHEDULE OF PARTIES
QUD 6162 of 1998
Respondents
Fourth Respondent: MARANOA REGIONAL COUNCIL
Fifth Respondent: WESTERN DOWNS REGIONAL COUNCIL
Sixth Respondent: TELSTRA CORPORATION LIMITED
Seventh Respondent: ERGON ENERGY CORPORATION LIMITED
Eighth Respondent: AUSTRALIA PACIFIC LNG PTY LIMITED
Ninth Respondent: GLENCORE COAL QUEENSLAND PTY LIMITED
Tenth Respondent: JEMENA QUEENSLAND GAS PIPELINE (1) PTY LTD
Eleventh Respondent: JEMENA QUEENSLAND GAS PIPELINE (2) PTY LTD
Twelfth Respondent: MOONIE OIL PTY LTD
Thirteenth Respondent: SANTOS QNT PTY LTD
Fourteenth Respondent: VAMGAS PTY LTD
Fifteenth Respondent: EION EVAN ATKINS
Sixteenth Respondent: DOUGLAS R BAKER
Seventeenth Respondent: TANIA M BAKER
Eighteenth Respondent: TONY P BAKER
Nineteenth Respondent: RONALD ROBERT BAXTER
Twentieth Respondent: JUDITH JAYNE COPELAND
Twenty-First Respondent ROBERT JOHN COPELAND
Twenty-Second Respondent JOHN RICHARD FERLING
Twenty-Third Respondent KEVIN FERLING
Twenty-Fourth Respondent MARGARET GEARY
Twenty-Fifth Respondent STUART FRANK GOLDEN
Twenty-Sixth Respondent WILLIAM FRANCIS HAY
Twenty-Seventh Respondent MARJORIE JOYCE JOHNSTON
Twenty-Eighth Respondent KALBELA PTY LTD
Twenty-Ninth Respondent LEANN BEVERLEY KALLQUIST
Thirtieth Respondent WAYNE JAMES KALLQUIST
Thirty-First Respondent MALCOLM MCINTYRE
Thirty-Second Respondent DAVID THOMAS POOLE
Thirty-Third Respondent DOUGLAS WILLIAM POOLE
Parties
Applicant/Plaintiff:
Doyle on behalf of the Iman People #2
Respondent/Defendant:
State of Queensland
Legislation Cited (36)
Environmental Protection and Biodiversity Conservation Act 1999(Cth)
Fire and Rescue Service Act 1990(Qld)
Integrated Planning Act 1997(Qld)
Lands Protection (Pests and Stock Route Management) Act 2002(Qld)
Local Government Regulations 2012(Qld)
Nature Conservation (Protected Areas Management) Regulation 2006(Qld)
Nelson v Northern Territory of Australia (2010) 190 FCR 344; [2010] FCA 1343
Prior on behalf of the Juru (Cape Upstart) People v State of Queensland & Ors (No 2) [2011] FCA 819
Russell Tatow & Ors (Iman People #2)/Xstrata Coal Queensland Pty Ltd, ICRA Wandoan Pty Ltd, Sumisho Coal Australia Pty Ltd/Queensland [2010] NNTTA 54 (19 April 2010)
Xstrata Coal Queensland & Ors v Russell Tatow & Ors [2008] QLC 0226
SCHEDULE 3 - NATIVE TITLE HOLDERS
The native title holders are the Iman People. The Iman People are the descendants of one or more of the following people:
(a) Mary Arwa;
(b) Jim Waterton;
(c) Ada Robinson;
(d) Maggie Palmtree;
(e) Lizzie Palmtree;
(f) Eliza Shields;
(g) Mary Ann (mother of Maggie Dunn);
(h) Fanny Waddy/Sandy;
(i) Dick Bundi/Bundai and Alice Dutton; or
(j) the mother of John Serico (known as Aggie).
SCHEDULE 4 - OTHER INTERESTS IN THE DETERMINATION AREA
The nature and extent of the other interests in relation to the Determination Area are the following as they exist as at the date of the determination:
The rights and interests of the parties under the following agreements:
(a) the agreement entitled Santos, Petronas and Iman People #2 GLNG ILUA (QI2010/10) registered on the Register of Indigenous Land Use Agreements on 18 October 2010;
(b) the agreement entitled Australia Pacific LNG and Iman People ILUA (QI2011/025) registered on the Register of Indigenous Land Use Agreements on 11 November 2011;
(c) the agreement entitled APLNG and Iman People Fairview and Eurombah Creek Projects ILUA (QI2013/032) registered on the Register of Indigenous Land Use Agreements on 9 December 2013;
(d) the agreement entitled ATP701P CSG ILUA (QI2002/044) registered on the Register of Indigenous Land Use Agreements on 8 August 2003;
(e) the agreement between Richard Doyle, Patrick Silvester, Kenny Waterton, Eve Fesl, Eddie Waddy, Graham Anderson, Arwa Waterton, Cynthia Kemp, Bradley Curtis, Dena Marie Dodd-Ugle, Heidi Anne-Marie Lawson, Bevan Tull, Stuart White and Jason Jarro on their own behalf and on behalf of the Iman People and the Banana Shire Council, Central Highlands Regional Council, Maranoa Regional Council and Western Downs Regional Council as parties to the Iman People and Local Government ILUA (QI2015/012) registered on the Register of Indigenous Land Use Agreements on 14 September 2015;
(f) the agreement between Richard Doyle, Patrick Silvester, Ken Waterton, Eve Fesl, Edward Waddy, Graham Anderson, Arwa Waterton, Cynthia Kemp, Bradley Curtis, Dena Marie Dodd-Ugle, Heidi Anne-Marie Lawson, Stuart White, Bevan Tull and Jason Jarro on their own behalf and on behalf of the Iman People #2 and Consolidated Pastoral Company Pty Limited as parties to the Iman People #2 Comely and Mapala ILUA dated 9 May 2016;
(g) the agreement between Richard Doyle, Patrick Silvester, Ken Waterton, Eve Fesl, Edward Waddy, Graham Anderson, Arwa Waterton, Cynthia Kemp, Bradley Curtis, Dena Marie Dodd-Ugle, Heidi Anne-Marie Lawson, Stuart White, Bevan Tull and Jason Jarro on their own behalf and on behalf of the Iman People #2 and Eion Evan Atkins as parties to the Iman People #2 Coorada ILUA dated 11 May 2016;
(h) the agreement between Richard Doyle, Patrick Silvester, Ken Waterton, Eve Fesl, Edward Waddy, Graham Anderson, Arwa Waterton, Cynthia Kemp, Bradley Curtis, Dena Marie Dodd-Ugle, Heidi Anne-Marie Lawson, Stuart White, Bevan Tull and Jason Jarro on their own behalf and on behalf of the Iman People #2 and Patrick Robert Scott, Joan Marjorie Cogill, William Robert Cogill and Kathleen Ann Harrison as parties to the Iman People #2 Glenleigh ILUA dated 16 June 2016;
(i) the agreement between Richard Doyle, Patrick Silvester, Ken Waterton, Eve Fesl, Edward Waddy, Graham Anderson, Arwa Waterton, Cynthia Kemp, Bradley Curtis, Dena Marie Dodd-Ugle, Heidi Anne-Marie Lawson, Stuart White, Bevan Tull and Jason Jarro on their own behalf and on behalf of the Iman People #2 and Owen Arthur Price, Brigid Ann Price and Gail Lorraine Price as parties to the Iman People #2 Korcha ILUA dated 3 May 2016;
(j) the agreement between Richard Doyle, Patrick Silvester, Ken Waterton, Eve Fesl, Edward Waddy, Graham Anderson, Arwa Waterton, Cynthia Kemp, Bradley Curtis, Dena Marie Dodd-Ugle, Heidi Anne-Marie Lawson, Stuart White, Bevan Tull and Jason Jarro on their own behalf and on behalf of the Iman People #2 and Andrew Douglas Simmons and Tracey Robin Simmons as parties to the Iman People #2 Woodine ILUA dated 26 April 2016;
(k) the agreement between Richard Doyle, Patrick Silvester, Kenny Waterton, Eve Fesl, Eddie Waddy, Graham Anderson, Arwa Waterton, Cynthia Kemp, Bradley Curtis, Dena Marie Dodd-Ugle and Heidi Anne-Marie Lawson on their own behalf and on behalf of the Iman People #2; Elliot Anderson, Elizabeth Blucher, Robert Bond, Brian Clancy, Robert Clancy, Desmond Dodd, Annette Fuller, Elizabeth Law, Drew Millar, Marjorie Reid, Neil Saltner, Ivan Saltner, Celeste Williams, Jeffrey Williams and Jill Wilson on their own behalf and on behalf of the Wulli Wulli People, SunWater Limited (ACN 131 034 985) and the State of Queensland as parties to the Nathan Dam, Glebe Weir Raising and Pipelines Project ILUA dated 14 January 2013;
(l) the agreement between Richard Doyle, Patrick Silvester, Kenny Waterton, Eve Fesl, Eddie Waddy, Graham Anderson, Arwa Waterton, Cynthia Kemp, Bradley Curtis, Dena Marie Dodd-Ugle, Heidi Anne-Marie Lawson, Stuart White, Jason Jarro and Bevan Tull on their own behalf and on behalf of the Iman People #2, the Minister for Economic Development Queensland and the State of Queensland as parties to the Wandoan and Taroom ILUA dated 3 December 2015; and
(m) the agreement between Patrick Silvester, Kenny Waterton, Eve Fesl, Richard Doyle, Eddie Waddy, Graham Anderson, Cynthia Kemp, Arwa Waterton, Bradley Curtis, Dena Marie Dodd-Ugle, Heidi Anne-Marie Lawson, Stuart White, Bevan Tull and Jason Jarro on their own behalf and on behalf of the Iman People #2 QUD 6162/1998 and Ergon Energy Corporation Limited ACN 087 646 062 dated 15 December 2015.
The rights and interests of Santos TOG Corp, PAPL (Upstream) Pty Limited, Total E&P Australia, Total E&P Australia II, Santos TOGA Pty Ltd, KGLNG E&P Pty Ltd, Santos TPY CSG Corp, Santos QNT Pty Ltd, Santos TPY Corp and Santos Queensland Corp as holders of:
(a) petroleum leases numbered 90, 91, 92, 99, 100, 232, 234, 235 and 236 granted under the Petroleum Act 1923 (Qld);
(b) an authority to prospect number 526 granted under the Petroleum Act 1923 (Qld); and
(c) petroleum pipeline licence number 76 granted under the Petroleum Act 1923 (Qld) and administered under the Petroleum and Gas (Production and Safety) Act 2004 (Qld).
The rights and interests of Santos GLNG Pty Ltd, PAPL (Downstream) Pty Limited and Total GLNG Australia as holders of petroleum pipeline licence number 166 granted under the Petroleum and Gas (Production and Safety) Act 2004 (Qld).
The rights and interests of Santos TOGA Pty Ltd, PAPL (Upstream) Pty Limited, Total E&P Australia, Total E&P Australia II and KGLNG E&P Pty Ltd as holders of petroleum pipeline licence number 92 granted under the Petroleum Act 1923 (Qld) and administered under the Petroleum and Gas (Production and Safety) Act 2004 (Qld).
The rights and interests of Santos GLNG Pty Ltd, PAPL (Downstream) Pty Limited, Total GLNG Australia and KGLNG Liquefaction Pty Ltd as holders of petroleum pipeline licences numbered 118, 147, 164 and 193 granted under the Petroleum and Gas (Production and Safety) Act 2004 (Qld).
The rights and interests of Total E&P Australia III, Bronco Energy Pty Limited, PAPL (Upstream II) Pty Limited and KGLNG E&P II Pty Ltd as holders of authority to prospect number 803 granted under the Petroleum and Gas (Production and Safety) Act 2004 (Qld).
The rights and interests of Vamgas Pty Ltd, PAPL (Upstream II) Pty Limited, KGLNG E&P Pty Ltd, Total E&P Australia and Total E&P Australia II as holders of authority to prospect number 868 granted under the Petroleum and Gas (Production and Safety) Act 2004 (Qld).
The rights and interests of PAPL (Upstream II) Pty Limited, Santos QNT Pty Ltd, Total E&P Australia, Total E&P Australia II, Vamgas Pty Ltd and KGLNG E&P Pty Ltd as holders of petroleum lease number 176 granted under the Petroleum Act 1923 (Qld).
The right and interests of:
(a) the holders under the following petroleum tenures and other petroleum authorities:
(i) Australia Pacific LNG Pty Limited as the holder of petroleum leases numbered 408, 415, 416 and 417 administered under the Petroleum and Gas (Production and Safety) Act 2004 (Qld);
(ii) Australia Pacific LNG Pty Limited as the holder of authorities to prospect numbered 592, 606 and 692 and petroleum leases numbered 195, 209 and 220 granted under the Petroleum Act 1923 (Qld) and administered under the Petroleum and Gas (Production and Safety) Act 2004 (Qld);
(iii) Australia Pacific LNG Pty Limited as the holder of petroleum lease number 203 granted and administered under the Petroleum Act 1923 (Qld);
(iv) Australia Pacific LNG CSG Marketing Pty Limited and Australia Pacific LNG Pty Limited as the holders of petroleum lease number 204 granted and administered under the Petroleum Act 1923 (Qld);
(v) Australia Pacific LNG Pty Limited and Australia Pacific LNG (Moura) Pty Limited as the holders of petroleum lease number 101 granted and administered under the Petroleum Act 1923 (Qld);
(vi) Australia Pacific LNG Gladstone Pipeline Pty Limited as the holder of pipeline licence number 163 granted and administered under the Petroleum and Gas (Production and Safety) Act 2004 (Qld);
(vii) Australia Pacific LNG CSG Transmissions Pty Limited as the holder of pipeline licences numbered 143 and 180 granted and administered under the Petroleum and Gas (Production and Safety) Act 2004 (Qld); and
(viii) Oil Company of Australia (Moura) Transmissions Pty Limited as the holder of pipeline licence number 90 granted under the Petroleum Act 1923 (Qld) and administered under the Petroleum and Gas (Production and Safety) Act 2004 (Qld);
(b) Australia Pacific LNG Pty Limited arising under:
(i) the Right to Negotiate Deed of Agreement dated 21 September 2010 regarding the proposed grant of Petroleum Lease Number 268 (in replacement of Petroleum Lease Number 203) under s 31(1)(b) of the Native Title Act 1993 (Cth) between the State of Queensland, Patrick Silvester, Russell Tatow, Troy Noble, Cynthia Kemp, Eve Fesl, Fred Tull, Fergus Waterton, Richard Doyle and Madonna Barnes acting on their own behalf and on behalf of the Iman People #2, Leslie Weribone, Alexandra Combarngo, David Combarngo, Phyllis Hopkins, Lorraine Tomlinson, Miranda Mailman, Sylvia McCarthy, Violet Costa, Sarah Trindall and Leigh Himstedt, acting on their own behalf and on behalf of the Mandandanji People and Australia Pacific LNG Pty Limited;
(ii) the Right to Negotiate Deed of Agreement dated 17 September 2010 regarding the addition of Excluded Land into Authority to Prospect 592 and any subsequent Petroleum Lease(s) under s 31(1)(b) of the Native Title Act 1993 (Cth) between the State of Queensland, Patrick Silvester, Russell Tatow, Troy Noble, Cynthia Kemp, Eve Fesl, Fred Tull, Fergus Waterton, Richard Doyle and Madonna Barnes acting on their own behalf and on behalf of the Iman People #2, Leslie Weribone, Alexandra Combarngo, David Combarngo, Phyllis Hopkins, Lorraine Tomlinson, Miranda Mailman, Sylvia McCarthy, Violet Costa, Sarah Trindall and Leigh Himstedt, acting on their own behalf and on behalf of the Mandandanji People and Australia Pacific LNG Pty Limited;
(iii) the Agreement dated 1 July 2010 that is ancillary to the Deeds in paragraphs 9(b)(i) and 9(b)(ii) above between Australia Pacific LNG Pty Limited and Russell Tatow, Patrick Silvester, Cynthia Kemp, Eve Fesl, Troy Noble, Fred Tull, Fergus Waterton, Richard Doyle and Madonna Barnes, acting on their own behalf and on behalf of the Iman People #2;
(iv) the Right to Negotiate Deed of Agreement dated 10 December 2014 regarding the addition of further Excluded Land into Authority to Prospect 592 and any subsequent Petroleum Lease under s 31(1)(b) of the Native Title Act 1993 (Cth) between the State of Queensland, Australia Pacific LNG Pty Limited, Richard Doyle, Patrick Silvester, Kenny Waterton, Eve Fesl, Eddie Waddy, Graham Anderson, Arwa Waterton, Cynthia Kemp, Bradley Curtis, Dena Marie Dodd-Ugle, Heidi Anne-Marie Lawson, Stuart White, Jason Jarro and Bevan Tull, acting on their own behalf and on behalf of the Iman People #2, Brendan Wyman, Patricia Fraser, Helen Coulahan, Sheryl Lawton, Keelen Mailman, Robert Raymond Robinson, Floyd Robinson, Randall Johnson and Robert Ernest Mailman acting on their own behalf and on behalf of the Bidjara People, Leslie Weribone, Wayne Weribone, Vincent Anderson, Tracy Landers, Theresa Manns, Rodney Landers, Neville Munn, Leigh Himstedt, Alexandra Combarngo, Jude Saldanha, Max MacDonald and Alex Costa acting on their own behalf and on behalf of the Mandandanji People; and
(v) the Agreement dated 2 December 2014 that is ancillary to the Deed in paragraph 9(b)(iv) above between Australia Pacific LNG Pty Limited, Richard Doyle, Patrick Silvester, Kenny Waterton, Eve Fesl, Eddie Waddy, Graham Anderson, Arwa Waterton, Cynthia Kemp, Bradley Curtis, Dena Marie Dodd-Ugle, Heidi Anne-Marie Lawson, Stuart White, Jason Jarro and Bevan Tull, being the Iman Applicant; and
(c) Origin Energy Resources Limited and Australia Pacific LNG Pty Limited arising under the Cultural Heritage Management Plan dated 11 June 2010 between Origin Energy Resources Limited and Russell Tatow, Patrick Silvester, Cynthia Kemp, Eve Fesl, Troy Noble, Fred Tull, Fergus Waterton, Richard Doyle and Madonna Barnes, the Endorsed Aboriginal Parties for and on behalf of the Iman People 2 Native Title Claim Group.
The rights and interests of Glencore Coal Queensland Pty Limited ACN 098 156 702:
(a) as the holder of exploration permits EPC 787, EPC 790, EPC 792, EPC 838, EPC 859, EPC 1143, EPC 1559, EPC 1615, EPC 1699 and EPC 2032 granted under the Mineral Resources Act 1989 (Qld);
(b) as the holder of mineral development licences MDL 221, MDL 222, MDL 223, MDL 411, MDL 412, MDL 413, MDL 414 and MDL 449 granted under the Mineral Resources Act 1989 (Qld);
(c) arising under the Cultural Heritage Management Plan Agreement - Wandoan Project between Glencore Coal Queensland Pty Ltd, ICRA Wandoan Pty Ltd, Sumisho Coal Australia Pty Limited and the applicant at the time for the Iman People, and under the decision of the Land Court of Queensland in the matter of Xstrata Coal Queensland & Ors v Russell Tatow & Ors [2008] QLC 0226;
(d) arising under the decision of the National Native Title Tribunal in the matter of Russell Tatow & Ors (Iman People #2)/Xstrata Coal Queensland Pty Ltd, ICRA Wandoan Pty Ltd, Sumisho Coal Australia Pty Ltd/Queensland [2010] NNTTA 54 (19 April 2010), and under the Mining Lease Consent Agreement for ML 50229 and ML 50231 between Russell Tatow, Patrick Silvester Cynthia Kemp, Eve Fesl, Troy Noble, Fred Tull, Fergus Waterton, Richard Doyle and Madonna Barnes acting on their own behalf and on behalf of the Iman People #2 native title claim group, Xstrata Coal Queensland Pty Ltd, ICRA Wandoan Pty Ltd and Sumisho Coal Australia Pty Limited; and
(e) arising under the Deed regarding the renewal of exploration permit(s) pursuant to s 31 of the Native Title Act 1993 (Cth) for EPC 790 between Glencore Coal Queensland Pty Ltd (formerly Xstrata Coal Queensland Pty Ltd), ICRA Wandoan Pty Ltd (formerly ICRA RPW Pty Ltd) and Sumisho Coal Australia Pty Limited, the applicant at the time for the Iman People and the State of Queensland dated 8 May 2008 and the associated Exploration Permit Consent Agreement between Glencore Coal Queensland Pty Ltd (formerly Xstrata Coal Queensland Pty Ltd), ICRA Wandoan Pty Ltd (formerly ICRA RPW Pty Ltd), Sumisho Coal Australia Pty Limited and the Iman People #2 native title claim group dated 7 December 2007.
The rights and interests of Jemena Queensland Gas Pipeline (1) Pty Ltd and Jemena Queensland Gas Pipeline (2) Pty Ltd as the holders of pipeline licence 30 granted under the Petroleum Act 1923 (Qld).
The rights and interests of Telstra Corporation Limited ACN 051 775 556:
(a) as the owner or operator of telecommunications facilities installed within the Determination Area;
(b) created pursuant to the Post and Telegraph Act 1901 (Cth), the Telecommunications Act 1975 (Cth), the Australian Telecommunications Corporation Act 1989 (Cth), the Telecommunications Act 1991 (Cth) and the Telecommunications Act 1997 (Cth), including rights:
(i) to inspect land;
(ii) to install and operate telecommunication facilities;
(iii) to alter, remove, replace, maintain, repair and ensure the proper functioning of its telecommunications facilities;
(c) for its employees, agents or contractors to access its telecommunication facilities in and in the vicinity of the Determination Area in performance of their duties; and
(d) under any licence, lease, access agreement or easement relating to its telecommunications facilities in the Determination Area.
The rights and interests of Ergon Energy Corporation Limited ACN 087 646 062:
(a) as the owner and operator of any "Works" as that term is defined in the Electricity Act 1994 (Qld) within the Determination Area;
(b) as a distribution entity and the holder of a distribution authority under the Electricity Act 1994 (Qld); and
(c) created under the Electricity Act 1994 (Qld) and the Government Owned Corporations Act 1993 (Qld) including:
(i) rights in relation to any agreement relating to the Determination Area existing or entered into before the date on which these orders are made;
(ii) rights to enter the Determination Area by its employees, agents or contractors to exercise any of the rights and interests referred to in this paragraph; and
(iii) to inspect, maintain and manage any Works in the Determination Area.
The rights and interests of Queensland Electricity Transmission Corporation Limited trading as Powerlink Queensland ACN 078 849 233 as an electricity entity exercising statutory functions, powers or rights and as the owner and operator of electricity transmission facilities and associated infrastructure situated upon the Determination Area, including but not limited to the right to enter upon the Determination Area.
The rights and interests of the State of Queensland, Banana Shire Council, Central Highlands Regional Council, Western Downs Regional Council and Maranoa Regional Council to access, use, operate, maintain and control the dedicated roads in the Determination Area and the rights and interests of the public to use and access the roads.
The rights and interests of Banana Shire Council, Central Highlands Regional Council, Western Downs Regional Council and Maranoa Regional Council:
(a) under their local government jurisdiction and functions under the Local Government Act 2009 (Qld), the Lands Protection (Pests and Stock Route Management) Act 2002 (Qld) and under any other legislation, for that part of the Determination Area within the area declared to be their respective local government area under the Local Government Regulations 2012 (Qld);
(b) as the:
(i) lessor under any leases which were validly entered into before the date on which these orders are made and whether separately particularised in these orders or not;
(ii) grantor of any licences or other rights and interests which were validly granted before the date on which these orders were made and whether separately particularised in these orders or not;
(iii) holder of any estate or interest in land, including as trustee of any reserves, that exist in the Determination Area;
(c) as the owner and operator of infrastructure, and those facilities and other improvements located in the Determination Area validly constructed or established on or before the date on which these orders are made, including but not limited to:
(i) undedicated but constructed roads except for those not operated by Council;
(ii) water bores, water point facilities, water pipelines and other infrastructure for the supply of water;
(iii) drainage facilities; and
(iv) gravel pits;
(d) to enter the land for the purposes described in paragraphs (a), (b) and (c) above by their employees, agents or contractors to:
(i) exercise any of the rights and interests referred to in paragraph 16 above;
(ii) inspect, maintain and repair the infrastructure, facilities and other improvements referred to in paragraph (c) above;
(iii) undertake operational activities in its capacity as a local government such as feral animal control, weed control, erosion control, waste management and fire management.
The rights and interests of SunWater Limited ACN 131 034 985 as the grantee of the following easements located within the Determination Area:
(a) Easement 716558819;
(b) Easement 716558797; and
(c) Easement 716558808.
The rights and interests of the State of Queensland or any other person existing by reason of the force and operation of the laws of the State of Queensland, including those existing by reason of the following legislation or any regulation, statutory instrument, declaration, plan, authority, permit, lease or licence made, granted, issued or entered into under that legislation:
(a) the Land Act 1994 (Qld);
(b) the Nature Conservation Act 1992 (Qld);
(c) the Forestry Act 1959 (Qld);
(d) the Water Act 2000 (Qld);
(e) the Petroleum Act 1923 (Qld) or Petroleum and Gas (Production and Safety) Act 2004 (Qld);
(f) the Mineral Resources Act 1989 (Qld);
(g) the Integrated Planning Act 1997 (Qld) or Sustainable Planning Act 2009 (Qld);
(h) the Transport Infrastructure Act 1994 (Qld);
(i) the Fire and Rescue Service Act 1990 (Qld) or Ambulance Service Act 1991 (Qld); and
(j) the Fisheries Act 1994 (Qld).
The rights and interests of members of the public arising from the common law, including but not limited to the following:
(a) any subsisting public right to fish; and
(b) the public right to navigate.
So far as confirmed pursuant to s 212(2) of the Native Title Act 1993 (Cth) and s 18 of the Native Title Act (Queensland) Act 1993 (Qld) as at the date of this Determination, any existing public access to, and enjoyment of, the following places in the Determination Area:
(a) waterways;
(b) beds and banks or foreshores of waterways;
(c) stock routes; and
(d) areas that were public places at the end of 31 December 1993.
Any other rights and interests:
(a) held by the State of Queensland or Commonwealth of Australia; or
(b) existing by reason of the force and operation of the Laws of the State and the Commonwealth.
Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.