Doyle on behalf of the Kalkadoon People #4 v State of Queensland

Solicitor for the Second Respondent: Mr D Fredericks of Australian Government Solicitor

Counsel for the Third, Fourth, Fifth, Seventh and Eighth Respondents: The Third, Fourth, Fifth, Seventh and Eighth Respondents did not appear

Solicitor for the Sixth Respondent: Mr A Kerr of Preston Law

Counsel for the Ninth Respondent: The Ninth Respondent did not appear

Counsel for the Tenth and Thirteenth Respondents: The Tenth and Thirteenth Respondents did not appear

Counsel for the Eleventh Respondent: The Eleventh Respondent did not appear

Counsel for the Twelfth Respondent: The Twelfth Respondent did not appear

Solicitor for the Fourteenth, Fifteenth and Seventeenth Respondents: Mr B Zillmann of Allens Arthur Robinson

Counsel for the Sixteenth Respondent: The Sixteenth Respondent did not appear

Counsel for the Eighteenth Respondent to Forty-Second Respondent: The Eighteenth Respondent to Forty-Second Respondent did not appear

IN THE FEDERAL COURT OF AUSTRALIA QUEENSLAND DISTRICT REGISTRY GENERAL DIVISION QUD 579 of 2005

BETWEEN: WILLIAM DOYLE, DOUG BRUCE, SONNY CONDREN, CONNIE CRAIGIE, NOELENE DEMPSEY, PATRICIA KYLE, HAZEL MUNRO, ILONA PARTER AND SUE SAMARDIN JR ON BEHALF OF THE KALKADOON PEOPLE #4

XSTRATA COPPER EXPLORATION PTY LTD (FORMERLY MIM EXPLORATION PTY LTD)

JUDGE: DOWSETT J DATE OF ORDER: 12 DECEMBER 2011 WHERE MADE: MOUNT ISA

BEING SATISFIED that a determination in the terms sought by the parties is within the power of the Court, and it appearing appropriate to the Court to do so, pursuant to s 87 of the Native Title Act 1993 (Cth) BY CONSENT THE COURT DETERMINES THAT:

1. Native title exists in the parts of the Determination Area identified in Schedules 2 and 3 and does not exist in the part of the Determination Area identified in Schedule 4B.
2. The native title is held by the persons described in Schedule 1 (the "native title holders").
3. Subject to paragraphs 5, 6 and 7 the nature and extent of the native title rights and interests in relation to the Determination Area, other than in relation to Water, are: (a) in relation to that part of the Determination Area identified in Schedule 2, the rights to possession, occupation, use and enjoyment to the exclusion of all others; and (b) in relation to that part of the Determination Area identified in Schedule 3 ("the Area"), the non-exclusive rights to: (i) be present on, including by accessing, traversing and Camping on, the Area; (ii) take (including by hunting), use, share and exchange Traditional Natural Resources from the Area for personal, domestic and non-commercial communal purposes; (iii) conduct cultural and spiritual activities and ceremonies on the Area; (iv) be buried and to bury native title holders in the ground, within the Area; (v) maintain places of importance and areas of significance to the native title holders under their traditional laws and customs and protect those places and areas, by lawful means, from physical harm; (vi) teach on the Area the physical and spiritual attributes of the Area; and (vii) hold meetings on the Area.
4. Subject to paragraphs 5, 6 and 7 the nature and extent of the native title rights and interests in relation to Water within the Determination Area are the non-exclusive rights to: (a) hunt and fish in or on, and gather from, the Water for personal, domestic and non-commercial communal purposes; and (b) take and use the Water for personal, domestic and non-commercial communal purposes.
5. There are no native title rights in or in relation to minerals as defined by the Mineral Resources Act 1989 (Qld) and petroleum as defined by the Petroleum Act 1923 (Qld) and the Petroleum and Gas (Production and Safety) Act 2004 (Qld).
6. The native title rights and interests are subject to and exercisable in accordance with: (a) the Laws of the State and the Commonwealth; and (b) the traditional laws acknowledged and traditional customs observed by the native title holders.
7. The native title rights and interests referred to in paragraphs 3(b) and 4 do not confer the right to possession, occupation, use or enjoyment to the exclusion of all others.
8. The nature and extent of any other rights in relation to the Determination Area (or respective parts thereof) are set out in Schedule 6.
9. The relationship between the native title rights and interests described in paragraphs 3 and 4 and the other rights described in Schedule 6 is that: (a) the other rights continue to have effect, and the rights conferred by or held under the other rights may be exercised notwithstanding the existence of the native title rights and interests; (b) to the extent the other rights are inconsistent with the continued existence, enjoyment or exercise of the native title rights and interests in relation to the land and waters of the Determination Area, the native title continues to exist in its entirety but the native title rights and interests have no effect in relation to the other rights to the extent of the inconsistency for so long as the other rights exist; and (c) the other rights and any activity that is required or permitted by or under, and done in accordance with, the other rights, or any activity that is associated with, or incidental to such an activity, prevail over the native title rights and interests and any exercise of the native title rights and interests but do not extinguish the native title rights and interests except in accordance with the law.
10. The words and expressions used in this determination have the same meanings as they have in Part 15 of the Native Title Act 1993 (Cth) except for the following defined words and expressions: "Camping" does not include permanent residence or the construction of permanent structures or fixtures; "External Boundary" means the boundary described and shown in Schedule 5A; "Determination Area" means the land and waters described in Schedules 2, 3 and 4B and shown on the maps in Schedule 5B, and does not include those areas described in Schedule 4A. To the extent of any inconsistency, Schedules 2, 3, 4A, 4B and 5A prevail over Schedule 5B; "Laws of the State and the Commonwealth" means the common law and the laws of the State of Queensland and the Commonwealth of Australia, and includes legislation, regulations, statutory instruments, local planning instruments and local laws; "Traditional Natural Resources" means: (a) "animals" as defined in the Nature Conservation Act 1992 (Qld), but not including: (i) fish; or (ii) animals; that are the private personal property of another; (b) "plants" as defined in the Nature Conservation Act 1992 (Qld); and (c) any clay, soil, sand, gravel or rock on or below the surface of the Determination Area, that have traditionally been taken and used by the native title holders; and "Water" means water as defined by the Water Act 2000 (Qld). THE COURT ORDERS THAT:
11. Paragraphs 1-10 take effect upon the agreements referred to in paragraphs 1(a), 3(e), 9(d), 10(d), 11(b) and 12(d) of Schedule 6 being registered on the Register of Indigenous Land Use Agreements.
12. Upon paragraphs 1-10 taking effect: (a) The native title is not held in trust. (b) The Kalkadoon Native Title Aboriginal Corporation, incorporated under the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Cth), is to: (i) be the prescribed body corporate for the purpose of ss 56 and 57(2) of the Native Title Act 1993 (Cth); (ii) act as agent for the native title holders; and (iii) perform the functions mentioned in s 57(3) of the Native Title Act 1993 (Cth) after becoming a registered native title body corporate.
13. In the event that the agreements referred to in paragraph 11 are not registered on the Register of Indigenous Land Use Agreements within six (6) months of the date of this order or such later time as this Court may order, the matter is to be listed for further directions.
14. Each party to the proceeding is to bear its own costs. SCHEDULE 1 - Native title holders SCHEDULE 2 - Areas in the Determination Area where exclusive native title exists SCHEDULE 3 - Areas in the Determination Area where non-exclusive native title exists SCHEDULE 4A - Areas excluded from the Determination Area SCHEDULE 4B - Areas in the Determination Area where native title has been extinguished SCHEDULE 5A - External Boundary SCHEDULE 5B - Determination maps SCHEDULE 6 - Other interests SCHEDULE 1 - Native title holders The native title holders are the Kalkadoon People. The Kalkadoon People are the biological descendants of the following people:
15. Lardie Roberts (aka Lardie Moonlight);
16. Dolly Prosser;
17. Kitty Frogg;
18. Annie Whip (mother of Martin Connelly (Snr));
19. Ida (aka Ada) Elston;
20. Leichardt Toby;
21. Rosie Waddibungera (mother of George Thorpe);
22. Willy Malcolm;
23. Nancy Daniels;
24. Fanny (Nellie) McLennan;
25. Nellie and Jimmy (parents of Topsy, Harry, Annie Sam and Jack Kippen);
26. Maggie Sautelle;
27. Daisy Barton (nee McLean);
28. Mundi MacDonald (aka King Mundie);
29. Charlie Caldwell (Snr);
30. Carbine;
31. Jimmy Rolleston and Louisa Muni (parents of Bessie Mowbray);
32. Gypsy Reid (aka Gypsy Ryan);
33. Nellie Monkira;
34. Polly Wilson (nee Hopkins) Marajundu;
35. Jack Elston;
36. Jessie Frogg (Snr);
37. Polly Alroy (aka Polly George);
38. Nobie Clay;
39. Spider;
40. Maryann (mother of Annie Reid and Eva Patterson);
41. Sophie MacDonald;
42. Julie (mother of Eulie and Lizzie Hickson); and
43. Bessie Ah Fat. SCHEDULE 2 - Areas in the Determination Area where exclusive native title exists The land and waters comprised of the lots listed below: No. Description
44. Lot 5 on CP865892 (formerly Lot 5 onTG34 (Calton Hills Holdings - PH 13/4151));
45. Lot 8 on TG35 (Canworth Holdings - PH 13/5539);
46. Lot 2 on SP162421 (formerly Lot 2 on BR9 (Gundaria Holdings - PH 13/2514));
47. Lot 12 on RD186 (Injilinji Youth Centre);
48. Lot 77 on CP894140 (Kalkadoon Information Centre);
49. Lot 6 on CP889285 (Wulliberi Aboriginal Reserve);
50. Lot 9 on RD207 (Orana Park Aboriginal Reserve); and
51. Lot 20 on RD46 (Yallambee Aboriginal Reserve). SCHEDULE 3 - Areas in the Determination Area where non-exclusive native title exists (a) The land and waters comprised of the lots and part lots listed below: No. Description
52. Lot 467 on AP11730 and Lot 2 on SP183412 (formerly Lot 467 on AP11627)
53. Part of Lot 572 on CP857742 not subject to Schedule 4B(a) and 4B(b)
54. Part of Lot 574 on CP857742 not subject to Schedule 4B(a) and 4B(b)
55. Part of Lot 575 on CP857742 not subject to Schedule 4B(a)
56. Lot 416 on OL104
57. Lot 570 on OL118
58. Part of Lot 579 on OL121 not subject to Schedule 4B(a)
59. Lot 381 on OL27
60. Part of Lot 385 on OL28 not subject to Schedule 4B(a)
61. Part of Lot 573 on SP110102 not subject to Schedule 4B(a)
62. Part of Lot 4 on GY805051 within the External Boundary
63. Part of Lot 2999 on PH1926 within the External Boundary and not subject to Schedule 4B(a)
64. Part of Lot 59 on TG40 not subject to Schedule 4B(a) and 4B(b)
65. Lot 1 on AA29
66. Part of Lot 100 on AA31 not subject to Schedule 4B(a) and 4B(c)
67. Part of Lot 1 on BD102 not subject to Schedule 4B(a)
68. Part of Lot 1 on BK33 within the External Boundary and not subject to Schedule 4B(a)
69. Lot 6 on BR12
70. Part of Lot 15 on CP805055 not subject to Schedule 4B(a) and 4B(b)
71. Part of Lot 521 on CP905413 within the External Boundary and not subject to Schedule 4B(a)
72. Part of Lot 16 on CW62 within the External Boundary and not subject to Schedule 4B(a) and 4B(c)
73. Part of Lot 16 on CW64 within the External Boundary and not subject to Schedule 4B(b)
74. Part of Lot 7 on CW67 within the External Boundary and not subject to Schedule 4(a) and 4B(c)
75. Part of Lot 8 on GR49 within the External Boundary and not subject to Schedule 4B(a)
76. Lot 1 on LS14
77. Part of Lot 5 on LS17 within the External Boundary and not subject to Schedule 4B(a)
78. Part of Lot 3 on LS18 within the External Boundary and not subject to Schedule 4B(a)
79. Lot 1 on MPH13989
80. Part of Lot 4373 on PH1159 within the External Boundary and not subject to Schedule 4B(c)
81. Part of Lot 2628 on PH1162 within the External Boundary
82. Part of Lot 3522 on PH1192 not subject to Schedule 4B(a)
83. Part of Lot 5214 on PH1272 not subject to Schedule 4B(a)
84. Part of Lot 2585 on PH1274 not subject to Schedule 4B(a)
85. Part of Lot 342 on PH1337 not subject to Schedule 4B(a) and 4B(c)
86. Part of Lot 2577 on PH139 not subject to Schedule 4B(a)
87. Lot 4963 on PH1431
88. Part of Lot 2965 on PH1525 not subject to Schedule 4B(a)
89. Lot 2545 on PH1545
90. Part of Lot 2658 on PH1622 not subject to Schedule 4B(a)
91. Lot 4757 on PH1623
92. Part of Lot 4511 on PH1667 not subject to Schedule 4B(a)
93. Part of Lot 5364 on PH1891 within the External Boundary and not subject to Schedule 4B(a)
94. Part of Lot 2984 on PH1906 within the External Boundary and not subject to Schedule 4B(a)
95. Part of Lot 85 on PH1944 not subject to Schedule 4B(a)
96. Part of Lot 100 on PH1945 not subject to Schedule 4B(a)
97. Part of Lot 2588 on SP237659 (formerly Lot 2588 on PH2037) not subject to Schedule 4B(a)
98. Part of Lot 3192 on PH2082 not subject to Schedule 4B(a)
99. Part of Lot 3487 on SP247223 (formerly Lot 3487 on PH2127) not subject to Schedule 4B(a)
100. Part of Lot 3635 on PH2175 not subject to Schedule 4B(a)
101. Part of Lot 4554 on PH2190 within the External Boundary
102. Part of Lot 4893 on PH2202 within the External Boundary
103. Part of Lot 2547 on PH2215 not subject to Schedule 4B(a)
104. Part of Lot 4144 on PH2265 within the External Boundary and not subject to Schedule 4B(a)
105. Part of Lot 2510 on PH461 within the External Boundary
106. Part of Lot 2657 on PH533 not subject to Schedule 4B(a)
107. Part of Lot 3721 on PH810 not subject to Schedule 4B(a)
108. Part of Lot 3743 on PH811 not subject to Schedule 4B(a)
109. Part of Lot 5184 on PH917 within the External Boundary and not subject to Schedule 4B(a) and 4B(c)
110. Part of Lot 5183 on PH921 within the External Boundary and not subject to Schedule 4B(a)
111. Part of Lot 80 on SP112345 within the External Boundary and not subject to Schedule 4B(a)
112. Part of Lot 3 on SP117500 within the External Boundary and not subject to Schedule 4B(a)
113. Part of Lot 4 on SP120452 within the External Boundary and not subject to Schedule 4B(a)
114. Part of Lot 69 on SP223507 and an area identified as road and delineated by stations numbers 5-8-11-12-9-21-23-24-6-5 on SP223507 (formerly Lot 69 on SP122682) not subject to Schedule 4B(a)
115. Part of Lot 5 on SP177589 and Lot 554 on SP177589 (formerly Lot 554 on SP137128) not subject to Schedule 4B(a)
116. Lot 1 on SP177588, Lot 2 on SP177588, Lot 3 on SP177588, Lot 4 on SP177588 and part of Lot 220 on SP177588 (formerly Lot 220 on SP137138) not subject to Schedule 4B(a) and 4B(b)
117. Part of Lot 922 on SP137139 not subject to Schedule 4B(a)
118. Lot 1 on SP212806 and Part of Lot 50 on SP212806 (formerly Lot 50 on SP158585) within the External Boundary and not subject to Schedule 4B(a)
119. Part of Lot 2324 on SP162422 within the External Boundary and not subject to Schedule 4B(a)
120. Lot 5 on SW43
121. Part of Lot 427 on SW805054 within the External Boundary and not subject to Schedule 4B(a)
122. Part of Lot 1 on UN7 within the External Boundary and not subject to Schedule 4B(a)
123. Part of Lot 4 on UN803944 within the External Boundary and not subject to Schedule 4B(a)
124. Part of Lot 2 on BD56 not subject to Schedule 4B(a)
125. Part of Lot 3 on BD56 not subject to Schedule 4B(a)
126. Part of Lot 4 on BD56 not subject to Schedule 4B(a)
127. Part of Lot 1 on GR14 not subject to Schedule 4B(a)
128. Part of Lot 2 on GR16 not subject to Schedule 4B(a)
129. Part of Lot 4 on GR16 not subject to Schedule 4B(a)
130. Part of Lot 2 on GR27 not subject to Schedule 4B(a)
131. Part of Lot 3 on GR27 not subject to Schedule 4B(a)
132. Part of Lot 2 on GR41 not subject to Schedule 4B(a)
133. Part of Lot 1 on GR42 not subject to Schedule 4B(a)
134. Part of Lot 4126 on SP247222 (formerly Lot 4126 on PH1069) within the External Boundary and not subject to Schedule 4B(a)
135. Lot 4025 on PH173
136. Lot 3263 on PH1788
137. Lot 5263 on PH1905
138. Part of Lot 10 on SP223544 (formerly Lot 3523 on PH2138) within the External Boundary
139. Part of Lot 3942 on PH2162 not subject to Schedule 4B(a)
140. Part of Lot 3692 on PH2168 not subject to Schedule 4B(a)
141. Lot 3678 on SP243815 (formerly Lot 3678 on PH2169)
142. Lot 4060 on PH2181
143. Lot 3421 on SP238152 (formerly Lot 3421 on PH2273)
144. Part of Lot 4196 on PH339 within the External Boundary and not subject to Schedule 4B(a)
145. Part of Lot 8 on TW8 within the External Boundary and not subject to Schedule 4B(a)
146. Part of Lot 12 on BD121 not subject to Schedule 4B(a)
147. Lot 1 on KI7
148. Part of Lot 14 on RD217 not subject to Schedule 4B(c)
149. Lot 1 on CP891312 (formerly part of Lot 1 on RD55)
150. Part of Lot 12 on SW807930 not subject to Schedule 4B(a)
151. Part of Lot 10 on BD182 not subject to Schedule 4B(a)
152. Part of Lot 18 on GR28 not subject to Schedule 4B(a)
153. Part of Lot 6 on GR33 not subject to Schedule 4B(a)
154. Lot 71 on RD205
155. Part of Lot 7 on SW42 within the External Boundary not subject to Schedule 4B(a)
156. Part of Lot 7 on TG20 not subject to Schedule 4B(a)
157. Lot 12 on TG36
158. Lot 1 on AP11594
159. Lot 1 on AP11600
160. Lot 1 on AP11627
161. Lot 1 on AP5086
162. Lot 6 on AP5108
163. Lot 14 on AP5698
164. Lot 1 on AP5736
165. Lot 2 on AP6599
166. Lot 2 on AP6629
167. Lot 2 on AP6633
168. Lot 4 on AP6633
169. Lot 1 on AP6654
170. Lot 1 on AP7720
171. Lot 1 on AP9335
172. Lot 1 on B144111
173. Lot 6 on MPH21938
174. Lot 1 on PER6272
175. Lot 895 on SP139542
176. Lot 1 on AA28
177. Lot 2 on AA36
178. Lot 2 on AA841846
179. Lot 9 on BD141
180. Lot 1 on BR4
181. Part of Lot 82 on SP134707, part of Lot 73 on SP134707 and Lot 84 on SP134707 (formerly part of Lot 82 on CP849604) as shown on the map in Schedule 5
182. Lot 29 on CP854048
183. Lot 6 on CP891611
184. Lot 103 on CP891612
185. Lot 102 on CP891613
186. Lot 104 on CP891614
187. Lot 2 on CP891615
188. Lot 51 on CP891616
189. Lot 95 on SP134707 (formerly Lot 95 on CP892033)
190. Part of Lot 82 on SP 134707, part of Lot 73 on SP 134707 and an area identified as road and delineated by stations numbers Y-23-22-19-Z-Y on SP134707 (formerly Lot 73 on CP892034)
191. Lot 4 on CP892039
192. Lot 6 on CP894140
193. Part of Lot 265 on FTY1762 within the External Boundary and not subject to Schedule 4B(c)
194. Lot 4 on H6522
195. Lot 8 on K5191
196. Lot 1 on K5192
197. Lot 1 on KI4
198. Lot 51 on M758103
199. Lot 1 on M758112
200. Part of Lot 12 on M758118 not subject to Schedule 4A(b) as shown on the map in Schedule 5)
201. Lot 12 on M758120
202. Lot 41 on M758126
203. Lot 20 on M758139
204. Lot 7 on M758143
205. Lot 25 on M758144
206. Lot 1 on M758150
207. Lot 1 on M758153
208. Part of Lot 40 on M758175 as shown on the map in Schedule 5
209. Lot 6 on M758188
210. Lot 7 on M758189
211. Lot 15 on M75819
212. Lot 33 on M758190
213. Lot 21 on M758197
214. Lot 75 on M758198
215. Lot 61 on M758200
216. Lot 1 on M758203
217. Lot 13 on M758213
218. Lot 14 on M758213
219. Lot 17 on M758218
220. Lot 25 on M758222
221. Lot 31 on M758222
222. Lot 21 on M758223
223. Lot 1 on M758229
224. Lot 11 on M758229
225. Lot 8 on M758235
226. Lot 11 on M758235
227. Lot 29 on M758235
228. Lot 18 on M758242
229. Lot 19 on M758242
230. Lot 20 on M758242
231. Lot 42 on M758249
232. Lot 7 on M758251
233. Lot 21 on M758251
234. Lot 10 on M75859
235. Lot 11 on M75872
236. Lot 105 on M75877
237. Lot 18 on M75882
238. Lot 59 on M75887
239. Lot 9 on M75889
240. Lot 31 on M75889
241. Lot 1 on M75896
242. Lot 1 on M75897
243. Lot 171 on MPH13993
244. Lot 8 on MPH22018
245. Lot 32 on MPH22068
246. Lot 14 on MPH22119
247. Lot 37 on MPH22129
248. Lot 21 on MPH40048
249. Lot 56 on RD104
250. Lot 27 on RD120
251. Lot 25 on RD131
252. Lot 97 on RD133
253. Lot 8 on SP214922 and Lot 9 on SP214922 (formerly part of Lot 16 on RD136)
254. Lot 13 on RD137
255. Lot 29 on RD143
256. Lot 2 on RD148
257. Lot 48 on RD148
258. Lot 98 on RD164
259. Lot 52 on RD166
260. Lot 63 on RD172
261. Lot 93 on RD175
262. Lot 65 on RD179
263. Lot 17 on RD181
264. Lot 11 on RD186
265. Lot 44 on RD198
266. Lot 94 on RD200
267. Lot 42 on RD203
268. Lot 57 on RD204
269. Lot 58 on RD204
270. Part of Lot 72 on SP134707 and Part of Lot 73 on SP134707 (formerly Lot 72 on RD209) as shown on the map in Schedule 5
271. Lot 43 on RD225
272. Part of Lot 6 on RD228 as shown on the map in Schedule 5
273. Lot 8 on RD234
274. Lot 83 on RD236
275. Lot 84 on RD236
276. Lot 5 on RD242
277. Lot 1 on RD246
278. Part of Lot 40 on RD247 as shown on the map in Schedule 5
279. Lot 41 on RD247
280. Lot 91 on SP134706 (formerly Lot 91 on RD250)
281. Lot 14 on RD273
282. Lot 32 on RD64
283. Lot 5 on RD80
284. Lot 38 on RD83
285. Lot 24 on RD92
286. Lot 19 on RD93
287. Lot 20 on RD95
288. Lot 1 on SP125095
289. Part of Lot 90 on SP128452 not subject to Schedule 4B(b)
290. Lot 2 on SP158988
291. Lot 2 on SW10
292. Lot 12 on SW13
293. Lot 3 on SW22
294. Lot 3 on SW23
295. Lot 8 on SW24
296. Lot 5 on SW25
297. Lot 6 on SW26
298. Lot 10 on SW34
299. Lot 8 on SW36
300. Lot 11 on SW807930
301. Lot 2 on TG2
302. Lot 11 on TG20
303. Lot 1 on TG22
304. Lot 9 on TG29
305. Lot 2 on AP17205 (formerly Lot 2 on AA37)
306. Lot 3 on AP11600
307. Lot 7 on AP11600
308. Lot 1 on AP2076
309. Lot 3 on AP3535
310. Lot 3 on AP3553
311. Lot 4 on AP3553
312. Lot 5 on AP3553
313. Lot 1 on AP3558
314. Lot 56 on AP5086
315. Lot 2 on AP5118
316. Lot 106 on AP5657
317. Lot 2 on AP5736
318. Lot 3 on AP6599
319. Lot 1 on AP6629
320. Lot 1 on AP6633
321. Lot 3 on AP6633
322. Part of Lot 13 on MPH30185 (formerly Lot 13 on AP6638)
323. Lot 48 on AP6654
324. Lot 41 on AP7720
325. Lot 51 on AP7720
326. Lot 1 on AP9133
327. Lot 24 on AP9335
328. Lot 9 on B15715
329. Lot 353 on AP13671 (formerly Lot 353 on BD42)
330. Lot 381 on AP13672 (formerly Lot 381 on BD42)
331. Lot 411 on AP17198 (formerly Lot 411 on BD42)
332. Lot 1 on BD56
333. Lot 8 on BD73
334. Lot 9 on CP819326
335. Lot 52 on CP901164
336. Lot 54 on CP901164
337. Lot 18 on CW11
338. Lot 1 on G10183
339. Lot 1 on G10184
340. Lot 1 on GR3
341. Lot 1 on H6521
342. Lot 2 on H6521
343. Lot 102 on H6521
344. Lot 103 on H6521
345. Lot 104 on H6521
346. Lot 106 on H6521
347. Lot 107 on H6521
348. Lot 108 on H6521
349. Lot 109 on H6521
350. Lot 201 on H6521
351. Lot 202 on H6521
352. Lot 203 on H6521
353. Lot 204 on H6521
354. Lot 205 on H6521
355. Lot 206 on H6521
356. Lot 207 on H6521
357. Lot 302 on H6521
358. Lot 303 on H6521
359. Lot 304 on H6521
360. Lot 401 on H6521
361. Lot 402 on H6521
362. Lot 403 on H6521
363. Lot 404 on H6521
364. Lot 405 on H6521
365. Lot 501 on H6521
366. Lot 502 on H6521
367. Lot 503 on H6521
368. Lot 504 on H6521
369. Lot 505 on H6521
370. Lot 506 on H6521
371. Lot 601 on H6521
372. Lot 602 on H6521
373. Lot 603 on H6521
374. Lot 604 on H6521
375. Lot 605 on H6521
376. Lot 606 on H6521
377. Lot 607 on H6521
378. Lot 608 on H6521
379. Lot 609 on H6521
380. Lot 610 on H6521
381. Lot 611 on H6521
382. Lot 612 on H6521
383. Lot 613 on H6521
384. Lot 614 on H6521
385. Lot 615 on H6521
386. Lot 616 on H6521
387. Lot 5 on H6523
388. Lot 2 on K5192
389. Lot 1 on M5971
390. Lot 6 on M5971
391. Lot 10 on M5971
392. Lot 1 on M5972
393. Lot 2 on M5972
394. Lot 3 on M5972
395. Lot 4 on M5972
396. Lot 5 on M5972
397. Lot 6 on M5972
398. Lot 7 on M5972
399. Lot 8 on M5972
400. Lot 9 on M5972
401. Lot 10 on M5972
402. Lot 11 on M5972
403. Lot 12 on M5972
404. Lot 13 on M5972
405. Lot 14 on M5972
406. Lot 15 on M5972
407. Lot 16 on M5972
408. Lot 17 on M5972
409. Lot 18 on M5972
410. Lot 19 on M5972
411. Lot 20 on M5972
412. Lot 1 on M5974
413. Lot 106 on M758114
414. Lot 105 on M758115
415. Lot 7 on M758156
416. Lot 51 on M758195
417. Lot 4 on M758239
418. Lot 1 on AP157111 and Lot 2 on AP15711 (formerly part of Lot 1 on M75893)
419. Lot 2 on M75893
420. Lot 3 on M75893
421. Part 59 on TG40 (formerly Lot 2 on MP10101) not subject to Schedule 4B(a) and 4B(b)
422. Part 59 on TG40 (formerly Lot 2 on MP10102) not subject to Schedule 4B(a) and 4B(b)
423. Lot 2 on MP26471
424. Lot 5 on MP26471
425. Lot 1 on MPH13977
426. Lot 2 on MPH13977
427. Lot 3 on MPH13977
428. Lot 4 on MPH13977
429. Lot 5 on MPH13977
430. Lot 6 on MPH13977
431. Lot 7 on MPH13977
432. Lot 8 on MPH13977
433. Lot 9 on MPH13977
434. Lot 10 on MPH13977
435. Lot 11 on MPH13977
436. Lot 12 on MPH13977
437. Lot 13 on MPH13977
438. Lot 14 on MPH13977
439. Lot 15 on MPH13977
440. Lot 16 on MPH13977
441. Lot 17 on MPH13977
442. Lot 18 on MPH13977
443. Lot 20 on MPH13977
444. Lot 21 on MPH13977
445. Lot 22 on MPH13977
446. Lot 23 on MPH13977
447. Lot 24 on MPH13977
448. Lot 25 on MPH13977
449. Lot 26 on MPH13977
450. Lot 27 on MPH13977
451. Lot 28 on MPH13977
452. Lot 29 on MPH13977
453. Lot 30 on MPH13977
454. Lot 31 on MPH13977
455. Lot 32 on MPH13977
456. Lot 33 on MPH13977
457. Lot 34 on MPH13977
458. Lot 35 on MPH13977
459. Lot 36 on MPH13977
460. Lot 37 on MPH13977
461. Lot 38 on MPH13977
462. Lot 39 on MPH13977
463. Lot 40 on MPH13977
464. Lot 41 on MPH13977
465. Lot 42 on MPH13977
466. Lot 43 on MPH13977
467. Lot 44 on MPH13977
468. Lot 45 on MPH13977
469. Lot 46 on MPH13977
470. Lot 47 on MPH13977
471. Lot 48 on MPH13977
472. Lot 49 on MPH13977
473. Lot 50 on MPH13977
474. Lot 51 on MPH13977
475. Lot 52 on MPH13977
476. Lot 53 on MPH13977
477. Lot 54 on MPH13977
478. Lot 55 on MPH13977
479. Lot 56 on MPH13977
480. Lot 57 on MPH13977
481. Lot 58 on MPH13977
482. Lot 59 on MPH13977
483. Lot 60 on MPH13977
484. Lot 61 on MPH13977
485. Lot 62 on MPH13977
486. Lot 63 on MPH13977
487. Lot 64 on MPH13977
488. Lot 65 on MPH13977
489. Lot 66 on MPH13977
490. Lot 67 on MPH13977
491. Lot 68 on MPH13977
492. Lot 70 on MPH13977
493. Lot 71 on MPH13977
494. Lot 72 on MPH13977
495. Lot 73 on MPH13977
496. Lot 74 on MPH13977
497. Lot 75 on MPH13977
498. Lot 76 on MPH13977
499. Lot 77 on MPH13977
500. Lot 78 on MPH13977
501. Lot 79 on MPH13977
502. Lot 80 on MPH13977
503. Lot 82 on MPH13977
504. Lot 83 on MPH13977
505. Lot 85 on MPH13977
506. Lot 86 on MPH13977
507. Lot 87 on MPH13977
508. Lot 88 on MPH13977
509. Lot 89 on MPH13977
510. Lot 90 on MPH13977
511. Lot 91 on MPH13977
512. Lot 92 on MPH13977
513. Lot 93 on MPH13977
514. Lot 94 on MPH13977
515. Lot 95 on MPH13977
516. Lot 96 on MPH13977
517. Lot 97 on MPH13977
518. Lot 98 on MPH13977
519. Lot 99 on MPH13977
520. Lot 100 on MPH13977
521. Lot 101 on MPH13977
522. Lot 102 on MPH13977
523. Lot 103 on MPH13977
524. Lot 104 on MPH13977
525. Lot 105 on MPH13977
526. Lot 106 on MPH13977
527. Lot 107 on MPH13977
528. Lot 112 on MPH13977
529. Lot 113 on MPH13977
530. Lot 114 on MPH13977
531. Lot 115 on MPH13977
532. Lot 116 on MPH13977
533. Lot 117 on MPH13977
534. Lot 1 on MPH13980
535. Lot 2 on MPH13980
536. Lot 3 on MPH13980
537. Lot 4 on MPH13980
538. Lot 5 on MPH13980
539. Lot 6 on MPH13980
540. Lot 7 on MPH13980
541. Lot 8 on MPH13980
542. Lot 9 on MPH13980
543. Lot 10 on MPH13980
544. Lot 21 on MPH13980
545. Lot 22 on MPH13980
546. Lot 23 on MPH13980
547. Lot 24 on MPH13980
548. Lot 25 on MPH13980
549. Lot 26 on MPH13980
550. Lot 27 on MPH13980
551. Lot 28 on MPH13980
552. Lot 29 on MPH13980
553. Lot 30 on MPH13980
554. Lot 31 on MPH13980
555. Lot 32 on MPH13980
556. Lot 33 on MPH13980
557. Lot 34 on MPH13980
558. Lot 35 on MPH13980
559. Lot 36 on MPH13980
560. Lot 37 on MPH13980
561. Lot 38 on MPH13980
562. Lot 39 on MPH13980
563. Lot 40 on MPH13980
564. Lot 41 on MPH13980
565. Lot 42 on MPH13980
566. Lot 43 on MPH13980
567. Lot 44 on MPH13980
568. Lot 45 on MPH13980
569. Lot 46 on MPH13980
570. Lot 47 on MPH13980
571. Lot 48 on MPH13980
572. Lot 49 on MPH13980
573. Lot 50 on MPH13980
574. Lot 51 on MPH13980
575. Lot 52 on MPH13980
576. Lot 53 on MPH13980
577. Lot 54 on MPH13980
578. Lot 55 on MPH13980
579. Lot 56 on MPH13980
580. Lot 57 on MPH13980
581. Lot 58 on MPH13980
582. Lot 59 on MPH13980
583. Lot 60 on MPH13980
584. Lot 61 on MPH13980
585. Lot 62 on MPH13980
586. Lot 63 on MPH13980
587. Lot 64 on MPH13980
588. Lot 65 on MPH13980
589. Lot 66 on MPH13980
590. Lot 67 on MPH13980
591. Lot 68 on MPH13980
592. Lot 71 on MPH13980
593. Lot 72 on MPH13980
594. Lot 73 on MPH13980
595. Lot 74 on MPH13980
596. Lot 75 on MPH13980
597. Lot 76 on MPH13980
598. Lot 77 on MPH13980
599. Lot 78 on MPH13980
600. Lot 81 on MPH13980
601. Lot 82 on MPH13980
602. Lot 83 on MPH13980
603. Lot 84 on MPH13980
604. Lot 85 on MPH13980
605. Lot 86 on MPH13980
606. Lot 87 on MPH13980
607. Lot 88 on MPH13980
608. Lot 89 on MPH13980
609. Lot 90 on MPH13980
610. Lot 99 on MPH13980
611. Lot 1 on MPH13984
612. Lot 2 on MPH13984
613. Lot 3 on MPH13984
614. Lot 4 on MPH13984
615. Lot 5 on MPH13984
616. Lot 6 on MPH13984
617. Lot 7 on MPH13984
618. Lot 8 on MPH13984
619. Lot 9 on MPH13984
620. Lot 10 on MPH13984
621. Lot 11 on MPH13984
622. Lot 12 on MPH13984
623. Lot 13 on MPH13984
624. Lot 14 on MPH13984
625. Lot 15 on MPH13984
626. Lot 16 on MPH13984
627. Lot 21 on MPH13984
628. Lot 22 on MPH13984
629. Lot 23 on MPH13984
630. Lot 24 on MPH13984
631. Lot 25 on MPH13984
632. Lot 26 on MPH13984
633. Lot 27 on MPH13984
634. Lot 28 on MPH13984
635. Lot 29 on MPH13984
636. Lot 30 on MPH13984
637. Lot 31 on MPH13984
638. Lot 32 on MPH13984
639. Lot 33 on MPH13984
640. Lot 34 on MPH13984
641. Lot 35 on MPH13984
642. Lot 36 on MPH13984
643. Lot 37 on MPH13984
644. Lot 38 on MPH13984
645. Lot 39 on MPH13984
646. Lot 40 on MPH13984
647. Lot 41 on MPH13984
648. Lot 42 on MPH13984
649. Lot 51 on MPH13984
650. Lot 52 on MPH13984
651. Lot 53 on MPH13984
652. Lot 54 on MPH13984
653. Lot 61 on MPH13991
654. Lot 20 on MPH14008
655. Lot 28 on MPH14008
656. Lot 55 on MPH14014
657. Lot 3 on MPH21884
658. Lot 8 on MPH21884
659. Lot 4 on MPH21893
660. Lot 5 on MPH21893
661. Lot 6 on MPH21893
662. Lot 7 on MPH21893
663. Lot 8 on MPH21893
664. Lot 9 on MPH21893
665. Lot 10 on MPH21893
666. Lot 11 on MPH21893
667. Lot 12 on MPH21893
668. Lot 13 on MPH21893
669. Lot 14 on MPH21893
670. Lot 15 on MPH21893
671. Lot 16 on MPH21893
672. Lot 17 on MPH21893
673. Lot 18 on MPH21893
674. Lot 19 on MPH21893
675. Lot 20 on MPH21893
676. Lot 21 on MPH21893
677. Lot 22 on MPH21893
678. Lot 23 on MPH21893
679. Lot 24 on MPH21893
680. Lot 25 on MPH21893
681. Lot 26 on MPH21893
682. Lot 27 on MPH21893
683. Lot 31 on MPH21893
684. Lot 32 on MPH21893
685. Lot 33 on MPH21893
686. Lot 34 on MPH21893
687. Lot 35 on MPH21893
688. Lot 36 on MPH21893
689. Lot 37 on MPH21893
690. Lot 1 on MPH21894
691. Lot 2 on MPH21894
692. Lot 3 on MPH21894
693. Lot 4 on MPH21894
694. Lot 5 on MPH21894
695. Lot 6 on MPH21894
696. Lot 7 on MPH21894
697. Lot 8 on MPH21894
698. Lot 9 on MPH21894
699. Lot 10 on MPH21894
700. Lot 11 on MPH21894
701. Lot 12 on MPH21894
702. Lot 13 on MPH21894
703. Lot 14 on MPH21894
704. Lot 21 on MPH21894
705. Lot 22 on MPH21894
706. Lot 23 on MPH21894
707. Lot 24 on MPH21894
708. Lot 25 on MPH21894
709. Lot 26 on MPH21894
710. Lot 27 on MPH21894
711. Lot 31 on MPH21894
712. Lot 32 on MPH21894
713. Lot 33 on MPH21894
714. Lot 34 on MPH21894
715. Lot 41 on MPH21894
716. Lot 51 on MPH21894
717. Lot 52 on MPH21894
718. Lot 53 on MPH21894
719. Lot 54 on MPH21894
720. Lot 55 on MPH21894
721. Lot 56 on MPH21894
722. Lot 57 on MPH21894
723. Lot 58 on MPH21894
724. Lot 59 on MPH21894
725. Lot 60 on MPH21894
726. Lot 61 on MPH21894
727. Lot 62 on MPH21894
728. Lot 63 on MPH21894
729. Lot 64 on MPH21894
730. Lot 1939 on MPH21898
731. Lot 2 on MPH21935
732. Lot 36 on MPH21949
733. Lot 62 on MPH21949
734. Lot 25 on MPH21950
735. Lot 27 on MPH21950
736. Lot 84 on MPH21950
737. Lot 35 on MPH21963
738. Lot 44 on MPH21963
739. Lot 18 on MPH21968
740. Lot 21 on MPH21968
741. Lot 22 on MPH21968
742. Lot 23 on MPH21968
743. Lot 24 on MPH21968
744. Lot 25 on MPH21968
745. Lot 1 on MPH21972
746. Lot 2 on MPH21972
747. Lot 3 on MPH21972
748. Lot 4 on MPH21972
749. Lot 12 on MPH21972
750. Lot 13 on MPH21972
751. Lot 14 on MPH21972
752. Lot 18 on MPH21972
753. Lot 19 on MPH21972
754. Lot 20 on MPH21972
755. Lot 9 on MPH21976
756. Lot 2 on MPH22007
757. Lot 76 on MPH22018
758. Lot 2 on MPH22024
759. Lot 2 on MPH22027
760. Lot 1 on MPH22077
761. Lot 4 on MPH22077
762. Lot 5 on MPH22079
763. Lot 51 on MPH22085
764. Lot 52 on MPH22085
765. Lot 29 on MPH22086
766. Lot 49 on MPH22086
767. Lot 1 on MPH22108
768. Lot 8 on MPH22115
769. Lot 17 on MPH22122
770. Lot 4 on MPH30172
771. Lot 1 on MPH30243
772. Lot 23 on MPH30299
773. Lot 1 on MPH30397
774. Lot 2 on MPH30397
775. Lot 2 on MPH30421
776. Lot 15 on MPH30626
777. Lot 16 on MPH30626
778. Lot 1 on MPH32819
779. Lot 5 on MPH34947
780. Lot 6 on MPH34947
781. Lot 23 on MPH35579
782. Lot 22 on MPH40029
783. Lot 25 on MPH40048
784. Lot 27 on MPH40048
785. Lot 35 on MPH40048
786. Lot 40 on MPH40048
787. Lot 42 on MPH40048
788. Lot 31 on MPH40050
789. Lot 65 on MPH40094
790. Lot 1 on MPH40245
791. Lot 45 on MPH40745
792. Lot 7 on MPH40835
793. Lot 14 on MPH4180
794. Lot 344 on MPH4195
795. Lot 646 on MPH4207
796. Lot 1145 on MPH4291
797. Lot 1146 on MPH4291
798. Lot 1573 on MPH4417
799. Lot 1574 on MPH4418
800. Lot 1747 on MPH4447
801. Lot 11747 on MPH4447
802. Lot 1806 on MPH4450
803. Lot 1866 on MPH4460
804. Lot 1867 on MPH4460
805. Lot 1744 on MPH4463
806. Lot 11744 on MPH4463
807. Lot 111 on MPH4465
808. Lot 121 on MPH4465
809. Lot 131 on MPH4465
810. Lot 211 on MPH4465
811. Lot 221 on MPH4465
812. Lot 231 on MPH4465
813. Lot 19 on MPH4467
814. Lot 1746 on MPH4468
815. Lot 11746 on MPH4468
816. Lot 6 on MPH4479
817. Lot 7 on MPH4479
818. Lot 2 on MPH4480
819. Lot 1 on MPH4481
820. Lot 2 on MPH7962
821. Lot 1 on MPH7978
822. Lot 7 on MPH8053
823. Lot 8 on MPH8053
824. Lot 9 on MPH8053
825. Lot 10 on MPH8053
826. Lot 11 on MPH8053
827. Lot 12 on MPH8053
828. Lot 13 on MPH8053
829. Lot 2 on MPH8113
830. Lot 4 on MTC6762
831. Lot 7 on MTC6763
832. Part of Lot 426 on OL107 not subject to Schedule 4B(b)
833. Part of Lot 444 on OL111 not subject to Schedule 4B(b)
834. Lot 1 on AP3535 (formerly Lot 1 on PER6355)
835. Lot 7 on Q6831
836. Lot 8 on Q6831
837. Lot 9 on Q6831
838. Lot 10 on Q6831
839. Lot 11 on Q6831
840. Lot 12 on Q6831
841. Lot 2 on RD157
842. Lot 49 on RD228
843. Lot 5 on RD289
844. Lot 6 on RD289
845. Lot 7 on RD289
846. Lot 8 on RD289
847. Lot 9 on RD289
848. Lot 10 on RD289
849. Lot 11 on RD289
850. Lot 12 on RD289
851. Lot 13 on RD289
852. Lot 14 on RD289
853. Lot 15 on RD289
854. Lot 3 on SP189948, Lot 4 on SP189948 and Lot 1 on AP13524 (formerly part of Lot 1 on RD32)
855. Lot 1 on AP15789, Lot 2 on AP15789 and Lot 3 on AP15789 (formerly Lot 17 on RD79)
856. Lot 12 on RD810915
857. Lot 20 on RD812295
858. Lot 17 on RP837568
859. Lot 64 on RP907590
860. Lot 63 on RP907591
861. Lot 8 on SP128450
862. Lot 9 on SP128450
863. Lot 10 on SP128450
864. Part of Lot 422 on SP128451 not subject to Schedule 4B(b)
865. Lot 1 on SW1
866. Lot 24 on SW12
867. Lot 3 on SW24
868. Lot 6 on SW27
869. Lot 1 on SW3
870. Lot 7 on SW45
871. Lot 305 on SW45
872. Lot 91 on SW47
873. Lot 92 on SW47
874. Lot 93 on SW47
875. Lot 94 on SW47
876. Lot 95 on SW47
877. Lot 96 on SW47
878. Lot 97 on SW47
879. Lot 98 on SW47
880. Lot 201 on AP15841 (formerly Lot 201 on SW6)
881. Lot 202 on AP15842 (formerly Lot 202 on SW6)
882. Lot 231 on AP15842 (formerly Lot 231 on SW6)
883. Lot 271 on AP15843 (formerly Lot 271 on SW6)
884. Lot 321 on AP15843 (formerly Lot 321 on SW6)
885. Lot 322 on AP15844 (formerly Lot 322 on SW6)
886. Lot 331 on AP15844 (formerly Lot 331 on SW6)
887. Lot 351 on AP15845 (formerly Lot 351 on SW6)
888. Part of Lot 381 on AP15846 (formerly Lot 381 on SW6) within the External Boundary
889. Lot 1 on TG1
890. Lot 5 on TG10
891. Lot 6 on TG11
892. Lot 5 on TG18
893. Lot 3 on TG36
894. Part of Lot 59 on TG40 (formerly Lot 2 on TG41) not subject to Schedule 4B(a) and 4B(b)
895. Part of Lot 59 on TG40 (formerly Lot 4 on TG41) not subject to Schedule 4B(a) and 4B(b)
896. Lot 2 on TG42
897. Lot 4 on TG42
898. Lot 5 on TG42
899. Lot 3 on TG43
900. Lot 5 on TG43
901. Lot 2 on TG44
902. Lot 4 on TG44
903. Lot 5 on TG44
904. Lot 2 on TG45
905. Lot 4 on TG45
906. Lot 3 on TG5
907. Part of Lot 59 on TG40 (formerly Lot 11 on TG7) not subject to Schedule 4B(a) and 4B(b)
908. Part of Lot 59 on TG40 (formerly Lot 21 on TG7) not subject to Schedule 4B(a) and 4B(b)
909. Part of Lot 59 on TG40 (formerly Lot 31 on TG7) not subject to Schedule 4B(a) and 4B(b)
910. Part of Lot 59 on TG40 (formerly Lot 32 on TG7) not subject to Schedule 4B(a) and 4B(b)
911. Part of Lot 59 on TG40 (formerly Lot 33 on TG7) not subject to Schedule 4B(a) and 4B(b)
912. Part of Lot 59 on TG40 (formerly Lot 41 on TG7) not subject to Schedule 4B(a) and 4B(b)
913. Part of Lot 42 on USL45821 not subject to Schedule 4B(b)
914. Lot 15 on USL45822
915. Part of Lot 10 on USL45826 not subject to Schedule 4B(b) and 4B(c)
916. Lot 45 on USL45826
917. Lot 8 on USL45827
918. Lot 9 on USL45827
919. Lot 19 on USL45828
920. Lot 30 on USL47801
921. Part of Lot 2 on USL47804 not subject to Schedule 4B(b)
922. Lot 52 on USL47811
923. Lot 59 on USL47811
924. Lot 31 on USL47812
925. Lot 129 on USL47812
926. Lot 49 on USL47817
927. Lot 42 on USL47822
928. Lot 11 on USL47825
929. Lot 2 on USL47826
930. Lot 6 on USL47826
931. Lot 8 on USL47826
932. Lot 12 on USL47834
933. Lot 26 on USL47834
934. Lot 16 on USL47835
935. Lot 84 on USL47838
936. Lot 9 on USL47846
937. Lot 36 on USL47848
938. Lot 41 on USL47855
939. Lot 3 on USL47856
940. Lot 4 on USL47860
941. Lot 31 on USL47860
942. Lot 40 on USL47861
943. Lot 41 on USL47861
944. Lot 47 on USL47861
945. Lot 1 on USL47862
946. Lot 29 on USL47890
947. Lot 36 on USL47890
948. Lot 95 on USL47890
949. Lot 4 on USL47893
950. Lot 4 on USL47894
951. Part of Lot 33 on SP195029 (formerly Lot 32 on USL48234)
952. Part of Lot 33 on SP195029, Lot 34 on SP195029, Lot 35 on SP195029, Lot 36 on SP195029, Lot 37 on SP195029, Lot 84 on SP195029 and an area identified as road and delineated by stations numbers 1-2-3-4-5-6-7-8-9-10-11-12-14-13-14-15-1 on SP195029 (formerly Lot 33 on USL48234)
953. Lot 11 on USL48252
954. Lot 13 on USL48252
955. Lot 43 on USL48252
956. Lot 71 on USL48252
957. Lot 151 on USL48252
958. Lot 16 on USL48254
959. Lot 40 on USL48254
960. Lot 58 on USL48254
961. Lot 1 on SP219125, Lot 4 on SP219125 and Lot 5 on SP219125 a(formerly part of Lot 40 on USL48255)
962. Lot 45 on USL48255
963. Lot 48 on USL48260
964. Lot 49 on AP15880 (formerly part of Lot 49 on USL48260)
965. Lot 54 on USL48260
966. Lot 55 on USL48260
967. Lot 57 on AP15880 (formerly part of Lot 57 on USL48260)
968. Lot 58 on AP15880 (formerly part of Lot 58 on USL48260)
969. Lot 60 on AP15880 (formerly part of Lot 60 on USL48260)
970. Lot 39 on USL700
971. Lot 3 on USL767
972. Lot 5 on USL767
973. Lot 136 on USL767
974. Lot 164 on USL767
975. Lot 224 on USL767
976. Lot 225 on USL767
977. Lot 275 on USL767
978. Lot 277 on USL767
979. Lot 283 on USL767
980. Lot 16 on USL769
981. Lot 40 on USL769
982. Lot 48 on USL769
983. Lot 50 on USL769
984. Lot 55 on USL769
985. Lot 58 on USL769
986. Lot 64 on USL769
987. Lot 65 on USL769
988. Lot 69 on USL769
989. Lot 70 on USL769
990. Lot 79 on USL769
991. Lot 91 on USL769
992. Lot 95 on USL769 (b) The waters within the External Boundary not subject to Schedule 4B including, but not limited to, the following rivers and creeks:
993. Alexandra River;
994. Breakaway Creek;
995. Cabbage Tree Creek;
996. Cloncurry River;
997. Corella River;
998. Death Adder Gully;
999. Depot Creek;
1000. Dismal Creek;
1001. Dugald River;
1002. Fiery Creek;
1003. Gunpowder Creek;
1004. Jimmy Creek;
1005. King Gully;
1006. Leichhardt River;
1007. Lena Creek;
1008. Malbon River;
1009. Mcphee Creek;
1010. Middle Creek;
1011. Myally Creek;
1012. Sandy Creek;
1013. Spear Creek;
1014. Spring Creek;
1015. Tommy Creek;
1016. Torpedo Creek;
1017. Urquhart Creek;
1018. Wilfred Creek; and
1019. Wills Creek. SCHEDULE 4A - Areas excluded from the Determination Area The following areas are wholly excluded from the Determination Area on the grounds that they have been the subject of a previous exclusive possession act, as defined in s 23B of the Native Title Act 1993 (Cth) and therefore, in accordance with s 61A of the Native Title Act 1993 (Cth), could not be claimed: (a) The land or waters on which any public work, as defined in s 253 of the Native Title Act 1993 (Cth), is constructed, established or situated, and to which ss 23B(7) and 23C(2) of the Native Title Act 1993 (Cth) and/or s 23B(7) of the Native Title Act 1993 (Cth) and s 21 of the Native Title (Queensland) Act 1993 (Qld), applies, together with any adjacent land or waters in accordance with s 251D of the Native Title Act 1993 (Cth). (b) Specifically, and to avoid any doubt, the land and waters described in paragraph (a) above includes the whole of the land and waters described as:
1020. Lot 40 on M758125 (pump station);
1021. Lot 22 on M758133 (pump station);
1022. Lot 4 on M758206 (pump station);
1023. Lot 41 on RD203 (pump station);
1024. Lot 17 on M758117 (pump station);
1025. Lot 8 on MPH22119 (Turanga car park);
1026. That part of Lot 12 on M758118 (Barkly Highway State School) that is north of the east-west fence line shown on Map 4A below;
1027. Lot 11 on SP159000 (Happy Valley State School);
1028. Lot 46 on RD142 (Healy State School);
1029. Lot 3 on M758232 (residence);
1030. Lot 10 on M758231 (residence);
1031. Lot 1 on SP159001 (Mt Isa Central State School);
1032. Lot 23 on MPH40065 (residence);
1033. Lot 64 on MPH30760 (residence);
1034. Lot 1 on M758183 (residence);
1035. Lot 36 on MPH40096 (residence);
1036. Lot 27 on M758211 (residence);
1037. Lot 13 on M75858 (residence);
1038. Lot 55 on RD116 (residence);
1039. Lot 25 on M758221 (residence);
1040. Lot 24 on M758145 (residence);
1041. Lot 85 on M758179 (residence);
1042. Lot 101 on M758179 (residence);
1043. Lot 4 on M758246 (residence);
1044. Lot 58 on M758247 (residence);
1045. Lot 4 on M758248 (residence);
1046. Lot 23 on M758123 (residence);
1047. Lot 1 on RD115 (residence);
1048. Lot 1 on SP158999 (residence);
1049. Lot 1 on M758186 (residence);
1050. Lot 12 on MPH40091 (residence);
1051. Lot 3 on CP 863424 (East Leichhardt River Optic Fibre Regenerator Site);
1052. Lot 313 on CP 863227 (Corella River Optic Fibre Regenerator Site);
1053. Lot 321 on SP 139282;
1054. Lot 191 on SP 136499;
1055. Lot 111 on SP 136498;
1056. Lot 62 on SP 136497;
1057. Lot 51 on SP 136496;
1058. Lot 12 on SP 136495;
1059. Lot 341 on SP 136492;
1060. Lot 301 on SP 136491;
1061. Lot 282 on SP 136490;
1062. Lot 284 on SP 136490;
1063. Lot 261 on SP 136489;
1064. Lot 262 on SP 136489;
1065. Lot 222 on SP 136488;
1066. Lot 181 on SP 136487;
1067. Lot 12 on SP 136483;
1068. Lot 11 on SP 136482;
1069. Lot 361 on SP 136481;
1070. Lot 131 on Sp 136480;
1071. Lot 111 on SP 136479;
1072. Lot 171 on SP 136476;
1073. Lot 161 on SP 136475;
1074. Lot 351 on SP 136470;
1075. Lot 352 on SP 136470;
1076. Lot 251 on SP 136469;
1077. Lot 252 on SP 136469;
1078. Lot 211 on SP 136468;
1079. Lot 172 on Sp 136467;
1080. Lot 131 on SP 136466;
1081. Lot 112 on SP 136465;
1082. Lot 91 on SP 136464;
1083. Lot 61 on SP136463;
1084. Lot 12 on SP 136443;
1085. Lot 13 on SP 136443;
1086. Lot 191 on SP 136441;
1087. Lot 26 on SP 130412;
1088. Lot 281 on SP 130190;
1089. Lot 321 on SP 130185;
1090. Lot 301 on SP 130184;
1091. Lot 251 on SP 130182;
1092. Lot 1 on SP 122674;
1093. Lot 241 on SP 122509;
1094. Lot 2 on RP 724915;
1095. Lot 7 on GR 43;
1096. Lot 2 on CW59;
1097. Lot 17 on CP 891312;
1098. Lot 13 on CP 891310;
1099. Lot 9 on CP 891285;
1100. Lot 10 on CP 891285;
1101. Lot 12 on CP 891285;
1102. Lot 14 on CP 891285;
1103. Lot 30 on RD 88;
1104. Lot 40 on RD 195;
1105. Lot 39 on RD 194;
1106. Lot 38 on RD 193;
1107. Lot 51 of RD 193;
1108. Lot 68 on RD 193;
1109. Lot 35 on RD 192;
1110. Lot 36 on RD 192;
1111. Lot 37 on RD 192;
1112. Lot 32 on RD 191;
1113. Lot 33 on RD 191;
1114. Lot 34 on RD 191;
1115. Lot 31 on RD 161;
1116. Lot 10 on CP865891; and
1117. Lot 1 on SW802391. (c) Those areas of Mining Lease number 8058 which are previous exclusive possession acts by reason of s 23B(2)(c)(vii) of the Native Title Act 1993 (Cth) ("dissected mining lease areas"). Map 4A - Barkly Highway State School SCHEDULE 4B - Areas where native title has been extinguished (a) Those areas of land and waters within the boundaries of the pastoral leases listed below on which any permanent improvement consisting of: (i) a house, shed or other outbuilding; (ii) an airstrip; (iii) a constructed dam or any other constructed stock watering point, bore, turkey nest, squatters' tank or other water storage facility; or (iv) stock yards or trap yards has, at the date of the determination, been constructed (including any adjacent land the exclusive use of which is reasonably necessary for the enjoyment of the improvement) in accordance with the rights of the lessee under the pastoral lease.
1118. Alcala (Pastoral Holding 13/3522 comprising Lot 3522 on PH1192);
1119. Canobie (Pastoral Holding 13/50 comprising Lot 50 on SP158585);
1120. Heywood (Pastoral Holding 13/5345 comprising Lot 100 on AA31);
1121. Murrumba (Pastoral Holding 13/2555 comprising Lot 922 on SP137139 and Occupation Licence 13/573 comprising Lot 572 on CP857742, Lot 574 on CP857742, Lot 575 on CP857742 and Lot 573 on SP110102);
1122. Thorntonia (Pastoral Holding 8/2516 comprising Lot 1 on UN7);
1123. Hillside (Pastoral Holding 13/3635 comprising Lot 3635 on PH2175);
1124. Angus (aka Rosebud) (Pastoral Holding 13/4414 comprising Lot 5 on SP177589 and Lot 554 on SP177589) (formerly Lot 554 on SP137128);
1125. Coll (aka Rifle Creek) (Pastoral Holding 13/5184 comprising Lot 5184 on PH917);
1126. Bendigo Park (aka Yadthor) (Pastoral Holding 13/5183 comprising Lot 5183 on PH921);
1127. Roxmere (Pastoral Holding 13/4893 comprising Lot 4893 on PH1337);
1128. Ballaghmore Downs (Pastoral Holding 13/3721 comprising Lot 3721 on PH810);
1129. Tyndool (Pastoral Holding 13/3743 comprising Lot 3743 on PH811);
1130. Granada (Pastoral Holding 13/85 comprising Lot 85 on PH1944 and Preferential Pastoral Holding 13/3740 comprising Lot 1 on GR14, Lot 2 on GR27 and Lot 3 on GR27);
1131. Buckingham Downs (Pastoral Development Holding 13/2999 comprising Lot 2999 on PH1926);
1132. Gereta (Pastoral Holding 13/2588 comprising Lot 2588 on PH2037);
1133. Regent (Pastoral Holding 13/2585 comprising Lot 2585 on PH1274, Occupation Licence 13/579 comprising Lot 579 on OL121 and Term Lease 0/221467 comprising Lot 7 on TG20);
1134. Ibis Creek (Preferential Pastoral Holding 13/1496 comprising Lot 4196 on PH339);
1135. The Nobbies (aka Dugald) (Pastoral Holding 13/3768 comprising Lot 2 on GR16 and Lot 4 on GR16);
1136. Chum Vale (Pastoral Holding 13/5211 comprising Lot 521 on CP905413);
1137. Jersey Plains (Pastoral Holding 13/4144 comprising Lot 4144 on PH2265);
1138. Bloodwood (Pastoral Holding 13/5219 comprising Lot 1 on BD102);
1139. Gleeson (Pastoral Holding 13/2965 comprising Lot 2965 on PH1525);
1140. Barr Creek (Pastoral Holding 8/5553 comprising Lot 4 on UN803944);
1141. Toorah Vale (Pastoral Holding 8/4511 comprising Lot 4511 on PH1667);
1142. Bortala (aka Alsace) (Pastoral Holding 13/2658 comprising Lot 2658 on PH1622 and Occupation Licence 8/835 comprising Lot 385 on OL28);
1143. May Downs (aka Meltham) (Pastoral Holding 13/2324 comprising Lot 2324 on SP162422);
1144. Lorraine/Talawanta (Pastoral Holding 8/3705 comprising Lot 5 on LS17);
1145. Ashover (Pastoral Holding 13/5470 comprising Lot 7 on CW67);
1146. Brightlands (Term Lease 233216 comprising Lot 427 on SW805054);
1147. Bulonga (Pastoral Holding 13/2547 comprising Lot 2547 on PH2215, Term Lease 0/210349 comprising Lot 7 on SW42 and Term Lease 0/0233884 comprising Lot 12 on SW807930);
1148. Carsland (Preferential Pastoral Holding 13/3692 comprising Lot 3692 on PH2168);
1149. Patricia Vale (Preferential Pastoral Holding 13/2846 comprising Lot 2 on GR41);
1150. Quamby (Preferential Pastoral Holding 13/3742 comprising Lot 1 on GR42);
1151. Evandean (Preferential Pastoral Holding 13/3712 comprising Lot 2 on BD56, Lot 3 on BD56 and Lot 4 on BD56);
1152. Yambini (Pastoral Holding 13/2577 comprising Lot 2577 on PH139, Term Lease 0/221462 comprising Lot 18 on GR28 and Term Lease 0/208859 comprising Lot 6 on GR33);
1153. Venus (aka Jessivale) (Pastoral Holding 13/3487 comprising Lot 3487 on PH2127 and Term Lease 0/214868 comprising Lot 10 on BD182);
1154. Corella Park (Term Lease 0/232052 comprising Lot 3942 on PH2162);
1155. Ginburra (aka Lanark) (Preferential Pastoral Holding 13/4126 comprising Lot 4126 on PH1069);
1156. Mount Maggie (Pastoral Holding 13/5214 comprising Lot 5214 on PH1272);
1157. Timberu (Pastoral Holding 13/2200 comprising Lot 220 on SP177588 and Special Lease 13/51258 comprising Lot 12 on BD121);
1158. Devoncourt (Pastoral Holding 13/69 comprising Lot 69 on SP122682 );
1159. Stradbroke (aka Stanbroke) (Pastoral Holding 13/5398 comprising Lot 16 on CW62);
1160. Bannockburn (aka Koolamarra) (Pastoral Holding 13/3192 comprising Lot 3192 on PH2082);
1161. Boomara (Pastoral Holding 13/5430 comprising Lot 3 on LS18);
1162. Coolullah (Pastoral Holding 13/64 comprising Lot 59 on TG40);
1163. Clonagh (Pastoral Holding 13/57 comprising Lot 8 on GR49 );
1164. Corella (Pastoral Holding 0/233456 comprising Lot 10 on SP223544);
1165. Bushy Park (Pastoral Holding 13/342 comprising Lot 342 on PH1337 );
1166. Augustus Downs (Pastoral Holding 8/41 comprising Lot 4 on SP120452);
1167. Fort Constantine (Pastoral Holding 13/80 comprising Lot 80 on SP112345);
1168. Kamilaroi (Pastoral Holding 8/100 comprising Lot 100 on PH1945);
1169. Whites Hill (Pastoral Holding 13/2657 comprising Lot 2657 on PH533);
1170. Ardmore (Pastoral Holding 0/212277 comprising Lot 3 on SP117500);
1171. Mellish Park (Pastoral Holding 8/2984 comprising Lot 2984 on PH1906);
1172. Berguna (Preferential Pastoral Holding 8/5498 comprising Lot 8 on TW8);
1173. Nardoo (Pastoral Holding 8/5448 comprising Lot 1 on BK33);
1174. Farley (Pastoral Holding 13/1384 comprising Lot 5 onSW43 and Lot 1 on MPH13989);
1175. Girla (aka Girila) (Pastoral Holding 13/4554 comprising Lot 4554 on PH2190);
1176. Haslingden (Pastoral Holding 13/5563 comprising Lot 15 on CP805055); and
1177. Starcross (Pastoral Holding 13/5364 comprising Lot 5364 on PH1891). (b) The land and waters within:
1178. That portion of ML8058 identified as Hilton Mine area; being bound by NE Corner 342 200m Easting, 7 727 200m Northing; SW Corner 338 900m Easting, 7 722 900m Northing as shown on Map 4B below.
1179. That portion of ML8058 identified as Lake Moondarra Area; being that part of the Lake Moondarra north of the 7 721 005m Northing as shown on Map 4B below.
1180. That portion of ML8058 identified as Mount Isa Mine Area; being that portion of ML8058 within the external boundary described as follows: Commencing at a corner on the western boundary of ML8058 at 7 699 203.7m North and extending easterly to a point on the eastern boundary of that mining tenement and the eastern boundary of Lot 10 on USL45826 at 7 699 188.7mN; then generally northerly along the eastern boundaries of that lot, Lot 422 on SP128451, Lot 7 on SP128450, Lot 42 on USL45821, Lot 1 on RD 157 to 7 710 274.1mN; then Northerly to the south eastern corner of the western severance of Lot 2 on USL47804; then generally northerly and generally south westerly along boundaries of that western severance to the western most corner of that Lot; then south westerly to the eastern boundary of Lot 42 on USL45821; then northerly to intersect to south westerly prolongation of the southern boundary of Lot 48 on USL47804; then generally north easterly and generally northerly along southern and eastern boundaries of that lot and Lot 1 on RD 158 to the northernmost corner of Lot 1 on RD 158; then westerly to the western boundary of ML8058 at 7 712 618.9mN; then generally southerly and easterly along western boundaries of that tenement back to the commencement point as shown on Map 4B below. Note: all coordinates in paragraphs 1, 2 and 3 above are based on AMG Zone 54 - AGD84 projection.
1181. Mining Leases 5432, 5434, 2484, 5414, 5424, 2485 and 2455 upon which mines or associated infrastructure and works have been established or constructed pursuant to the mining leases as at the date of this determination, or upon which mines or associated infrastructure and works are established or constructed in the future pursuant to the mining leases. (c) The land and waters described below in respect of which native title rights and interests were taken by the State of Queensland by Proclamation dated 30 January 1997 as amended by Proclamation dated 11 June 1998:
1182. Easement U over Lot 16 on CW62;
1183. Easement P and R over Lot 7 on CW67;
1184. Easement M and N over Lot 342 on PH1337;
1185. Easement K and L over Lot 4373 on PH1159;
1186. Easement G, H and J over Lot 5184 on PH917;
1187. Easement E over Lot 100 on AA31;
1188. Easement B and C over Lot 14 on RD217;
1189. Easement A over Lot 10 on USL45826;
1190. Easement F over Lot 15 of RD222 (now part of Lot 265 on FTY1762); and
1191. Lot 574 on SP110102. (d) The land and waters described below in respect of which native title rights and interests were surrendered to the State of Queensland:
1192. Kalkadoon/Mount Isa Northridge Industrial Estate ILUA Registered on 8 September 2003 as QI2002/064: a. Lot 51 on CP901164; b. Lot 53 on CP901164; c. Lot 55 on CP901164; d. Lot 11 on MPH40048; e. Lot 36 on MPH40048; f. Lot 37 on MPH40048; g. Lot 38 on MPH40048; h. Lot 39 on MPH40048; i. Lot 41 on MPH40048; j. Lot 1 on SP223470 (formerly Lot 1 on BIRD12, Lot 2 on AP3558 and Lot 3 on AP3558); and k. Proposed area 11 shown on Identification Survey IS117599 (to be subdivided out of Lot 1 of SP223470).
1193. Kalkadoon/Gliderport ILUA registered on 13 June 2008 as QI2007/015: a. Lot 1 on SP189948. Map 4B - ML8058 Extinguishment Areas SCHEDULE 5A - External Boundary The External Boundary is described below and shown on Map 5A. Commencing at a point on the eastern bank of Fiery Creek at Latitude 18.824066 South and extending generally south easterly passing through the following coordinate points. Longitude Latitude (East) (South) 139.410671 18.828626 139.450726 18.834527 139.486592 18.837073 139.518085 18.843540 139.559862 18.849451 139.601623 18.856156 139.644149 18.866910 139.694345 18.879452 139.734450 18.884458 139.775199 18.899169 139.824444 18.917299 139.868603 18.933679 139.909336 18.950774 139.941453 18.970902 139.967638 18.988465 139.988695 19.005912 140.007139 19.025725 140.027319 19.044765 140.052694 19.061487 140.070443 19.073998 140.091672 19.084154 140.122346 19.093696 140.147056 19.101489 140.177784 19.108591 140.204201 19.117217 140.232277 19.129107 140.266343 19.141919 140.294417 19.154605 140.319924 19.167236 140.346293 19.179877 140.370870 19.197335

Then south easterly to the western bank of Dismal Creek at Latitude 19.212076° South; then generally southerly along western banks of that creek to a southern boundary of Lot 3 on LS18 (Boomarra Pastoral Holding); then easterly, southerly and again easterly along southern boundaries of that lot to Longitude 140.486681° East; then generally northerly and generally easterly, passing through the following coordinate points. Longitude Latitude (East) (South) 140.486537 19.658189 140.488014 19.646205 140.491905 19.632938 140.498140 19.624837 140.504968 19.615119 140.508028 19.604275 140.510017 19.595741 140.510535 19.585375 140.507432 19.576416 140.501532 19.566323 140.494924 19.558423 140.487952 19.550295 140.483884 19.541686 140.481495 19.531109 140.478539 19.525026 140.478008 19.519388 140.480893 19.516721 140.488035 19.516213 140.489222 19.513326 140.487747 19.510688 140.487701 19.505161 140.490333 19.501344 140.495415 19.500734 140.498442 19.500714 140.505528 19.493643 140.509223 19.486479 140.514843 19.478035 140.525191 19.470250 140.534452 19.462932 140.544789 19.454224 140.555278 19.449084 140.566487 19.443362 140.576372 19.438456 140.587378 19.437339 140.594858 19.437979 140.597614 19.440014 140.600371 19.441934 140.602706 19.443792 140.605108 19.445021 140.607699 19.445735 140.610229 19.446448 140.612882 19.446934 140.615475 19.447419 140.618009 19.447788 140.620844 19.448218 140.623199 19.448471 140.625674 19.448667 140.628028 19.448920 140.630926 19.449236 140.633274 19.449947 140.635742 19.450717 140.639526 19.452538 140.645247 19.454595 140.648189 19.456230 140.650712 19.457516 140.653227 19.459662 140.658265 19.462923 140.660899 19.465184 140.663340 19.468362 140.665974 19.470566 140.668782 19.473460 140.670869 19.475889 140.672715 19.478315 140.674376 19.481083 140.676101 19.483507 140.678302 19.486625 140.679969 19.488877 140.681696 19.491130 140.683604 19.493442 140.686229 19.496448 140.688978 19.499284 140.691492 19.501487 140.694660 19.504671 140.697652 19.507337 140.700776 19.509087 140.704327 19.510554 140.706854 19.511610 140.709199 19.512779 140.710890 19.513025 140.713903 19.514487 140.719028 19.516829 140.724766 19.518315 140.729893 19.520370 140.734118 19.521842 140.738640 19.523892 140.742254 19.525933 140.746173 19.527689 140.750401 19.528875 140.755540 19.529782 140.767412 19.535816 140.775412 19.537388 140.782905 19.534958 140.788076 19.531230 140.791077 19.528557 140.819161 19.526708 140.825546 19.523314 140.830971 19.521607 140.840385 19.520946 140.848896 19.519134 140.854635 19.512277 140.862131 19.509471 140.873278 19.508420 140.882043 19.503436 140.890993 19.502464 140.899946 19.503433 140.907696 19.503363 140.913977 19.501810 140.918805 19.500269 140.922296 19.498280 140.926874 19.496166 140.933034 19.494613 140.939936 19.494550 140.946015 19.493713 140.950321 19.492402 140.953398 19.490069 140.957397 19.486278 140.960474 19.482341

Then north easterly to the intersection of the centrelines of Dugald River and Cloncurry River; then generally southerly passing through the following coordinate points. Longitude Latitude (East) (South) 140.966776 19.494301 140.967850 19.507573 140.963527 19.524846 140.957355 19.536187 140.950189 19.545465 140.944116 19.554963 140.933422 19.563006 140.922761 19.574157 140.915343 19.582861 140.907333 19.592950 140.900271 19.601074 140.892975 19.610005 140.886138 19.616744 140.878490 19.626945 140.867456 19.637866 140.857388 19.648777 140.849490 19.658518 140.841729 19.669984 140.836755 19.681311 140.832988 19.692167 140.831761 19.702540 140.831154 19.714175 140.826547 19.726074 140.821826 19.738665 140.817935 19.749521 140.814378 19.757496 140.807046 19.764121 140.802780 19.774059 140.797782 19.783658 140.795200 19.792315 140.794236 19.804873 140.792495 19.812718 140.787260 19.823009 140.783932 19.830060 140.783387 19.836052 140.783728 19.845836 140.785123 19.851812 140.787754 19.859965 140.789650 19.867433 140.790951 19.876058 140.790455 19.887001 140.788232 19.895309 140.785500 19.901319 140.784220 19.906856 140.782838 19.914352 140.781568 19.920810 140.780536 19.926921 140.780103 19.932221 140.776893 19.939041 140.774270 19.943898 140.769590 19.949578 140.766496 19.955936 140.766574 19.963765 140.767492 19.970551 140.768646 19.976644 140.770790 19.984571 140.774605 19.989491 140.777547 19.992114 140.778686 19.996710 140.778553 19.998437 140.773780 20.004764 140.771007 20.009026 140.767388 20.014441 140.763896 20.020891 140.762361 20.029173 140.763248 20.035609 140.763538 20.043886 140.763586 20.052393 140.762059 20.062285 140.757967 20.070231 140.753379 20.076798 140.746745 20.087511 140.742409 20.095917 140.738313 20.103517 140.732275 20.112272 140.726606 20.122061 140.722387 20.129662 140.718654 20.137490 140.713956 20.146586 140.711807 20.154755 140.711735 20.164297 140.710825 20.176601 140.710391 20.186604 140.708235 20.193623 140.706943 20.202709 140.704786 20.209498 140.702877 20.217091 140.699155 20.227564 140.694820 20.237118 140.690475 20.245177 140.686990 20.254269 140.683502 20.263131 140.680751 20.273370 140.676780 20.283267 140.670725 20.290641 140.663094 20.299973 140.659590 20.306075 140.656711 20.315509 140.654081 20.325977 140.651455 20.337135 140.648580 20.347834 140.644729 20.358305 140.641244 20.368545 140.637018 20.377178 140.632316 20.388340 140.627352 20.395710 140.621041 20.402162 140.613987 20.406202 140.605713 20.410015 140.598536 20.413824 140.591965 20.417172 140.585278 20.421440 140.576882 20.425711 140.570435 20.429518 140.563747 20.434015 140.559006 20.437818 140.555612 20.442653 140.552225 20.449442 140.550297 20.455079 140.547888 20.462326 140.547062 20.469225 140.546119 20.477044 140.545785 20.484517 140.545816 20.492104 140.544991 20.499003 140.543308 20.505329 140.541010 20.510047 140.537487 20.513962 140.533508 20.518238 140.524736 20.527164 140.517048 20.532281 140.504845 20.540420 140.495085 20.547853 140.487398 20.553431 140.478856 20.559588 140.471781 20.565736 140.463483 20.572121 140.454084 20.578973 140.446881 20.583854 140.438452 20.588510 140.428065 20.593291 140.418778 20.597375 140.408991 20.599040 140.399576 20.601971 140.391385 20.605240 140.386994 20.609988 140.387382 20.616786 140.390458 20.621956 140.391695 20.626098 140.388766 20.628879 140.385835 20.631199 140.387562 20.635224 140.388310 20.639830 140.386977 20.643986 140.384413 20.646534 140.378668 20.649560 140.373541 20.654542 140.369515 20.659287 140.363391 20.658628 140.356531 20.657740 140.347962 20.658128 140.342460 20.661151 140.335249 20.665796

Then south westerly to Latitude 20.666138° South along a line drawn to Longitude 140.327171° East, Latitude 20.667448; then generally south westerly and generally south easterly passing through the following coordinate points. Longitude Latitude (East) (South) 140.323780 20.671449 140.321341 20.673026 140.321924 20.674610 140.322647 20.676078 140.322947 20.677194 140.323120 20.683573 140.324084 20.686020 140.297906 20.719172 140.296556 20.721133 140.296227 20.721896 140.295725 20.723028 140.294679 20.724912 140.293355 20.726872 140.292482 20.727740 140.290667 20.730036 140.293074 20.732525 140.293223 20.733648 140.295868 20.735942 140.297246 20.737409

Then south easterly to a point, at Latitude 20.754238° South, on a line drawn between Longitude 140.333703° East, Latitude 20.752092° South and Longitude 140.334581° East and Latitude 20.761457° South; then generally southerly, generally south westerly, generally south easterly, generally easterly, generally southerly passing through the following coordinate points. Longitude Latitude (East) (South) 140.334581 20.761457 140.339849 20.768482 140.339557 20.779311 140.332240 20.788676 140.317440 20.799248 140.314610 20.805370 140.324338 20.812383 140.331070 20.817651 140.334289 20.827894 140.334582 20.838138 140.341606 20.843114 140.340142 20.851016 140.331069 20.858040 140.331069 20.864771 140.331655 20.874430 140.332825 20.888185 140.336045 20.895210 140.336045 20.913356 140.331070 20.922721 140.323168 20.928867 140.321997 20.936769 140.314490 20.947003 140.310686 20.955781 140.318587 20.956074 140.326195 20.957829 140.330584 20.959292 140.334973 20.963973 140.336143 20.969826 140.336729 20.974507 140.339087 20.975608 140.342460 20.974904 140.344922 20.971874 140.350774 20.972459 140.354870 20.978311 140.354578 20.985041 140.355748 20.989138 140.356918 20.992356 140.360137 20.994990 140.363648 20.996746 140.368769 21.009255 140.374182 21.012546 140.378864 21.014960 140.382522 21.014522 140.385740 21.016277 140.386911 21.018764 140.387496 21.023739 140.385594 21.028128 140.382083 21.030761 140.379742 21.032517 140.377254 21.033980 140.372339 21.034926 140.372083 21.035528 140.369624 21.036245 140.369197 21.036245 140.367562 21.037164 140.366199 21.038551 140.363405 21.041982 140.361802 21.044473 140.361620 21.045725 140.361596 21.047515 140.362436 21.048373 140.355407 21.056079 140.355072 21.056093 140.355945 21.063760 140.356008 21.070241 140.359195 21.086708 140.357495 21.107533 140.363870 21.106682 140.365570 21.113056 140.363658 21.118581 140.363445 21.129632 140.371732 21.126443 140.388519 21.138768 140.392344 21.162142 140.405943 21.171491 140.422304 21.174359 140.451415 21.195502 140.469264 21.217813 140.461190 21.229501 140.475426 21.250324 140.467777 21.258186 140.477333 21.270070 140.480502 21.273170 140.515739 21.268744 140.648069 21.268105 140.649375 21.271868 140.657228 21.287259 140.668536 21.296683 140.677960 21.295112 140.692712 21.291874 140.702757 21.307432 140.712932 21.328722 140.714351 21.351498 140.716609 21.376725 140.716246 21.401911 140.715894 21.426286 140.715519 21.452287 140.709057 21.475753 140.698136 21.504838 140.682941 21.526538 140.670414 21.545029 140.657225 21.561082 140.655257 21.563477

Then south westerly to a point on southern bank of Maggies Creek at Longitude 140.636188° East; then generally north westerly, along southern banks of that creek to a northern boundary of Lot 5364 on PH1891 (Starcross Pastoral Holding); then westerly along that northern boundary to the eastern boundary of Lot 13 on SP150177 (Chatsworth Pastoral Holding); then northerly and generally westerly along boundaries of that lot and northern boundaries of Lot 2949 on SP223508 (Pilgrim Term Lease) to the south western corner of Lot 69 on SP223507 (Devoncourt Term lease) and the eastern boundary of Lot 22 on SP223509 (Trekelano Pastoral Holding); then generally northerly, generally north easterly, generally westerly and generally southerly along boundaries of that lot to the north eastern corner of Lot 24 on D5989; then generally westerly and generally southerly along boundaries of Lot 342 on PH1337 (Bushy Park Pastoral Holding) to an eastern boundary of Lot 7 on CW67 (Ashover Pastoral Holding); then generally south easterly along south western boundaries of Lot 79 on USL 703 to the southernmost corner of that lot and onwards to a western boundary of again Lot 22 on SP223509 (Trekelano Pastoral Holding); then generally south westerly along western boundaries of that lot to the northernmost north western corner of Lot 14 on CW52; then generally south westerly, generally north westerly, southerly and easterly along boundaries of that lot to an eastern bank of Wills Creek; then generally southerly along eastern banks of that creek to the northern boundary of Lot 2999 on PH1926 (Buckingham Downs Pastoral Lease); then easterly and generally southerly along northern and eastern boundaries of that lot to Latitude 22.097375° South; then generally south westerly, generally north westerly and easterly passing through the following coordinate points. Longitude Latitude (East) (South) 139.842535 22.106118 139.811343 22.116162 139.791381 22.120024 139.781874 22.121963 139.774024 22.122613 139.772244 22.122913 139.771234 22.122743 139.770914 22.122113 139.770064 22.120303 139.769704 22.119743 139.768890 22.119158 139.768786 22.116734 139.768562 22.111532 139.757004 22.090981 139.741592 22.071070 139.712686 22.044735 139.697913 22.028678 139.692780 22.013265 139.689080 21.991406 139.687262 21.983845 139.686663 21.976824 139.687286 21.969263 139.692801 21.956301 139.695264 21.943340 139.698945 21.931459 139.698358 21.917417 139.691054 21.905536 139.688018 21.896355 139.687422 21.887714 139.684389 21.876372 139.677694 21.865031 139.677707 21.856390 139.676498 21.849369 139.666735 21.848829 139.661248 21.845049 139.661262 21.836948 139.658221 21.829927 139.637488 21.819127 139.627723 21.819127 139.615514 21.820207 139.607591 21.813186 139.595406 21.800225 139.578953 21.784563 139.569919 21.767009 139.563757 21.744255 139.562809 21.730982 139.559965 21.713917 139.556173 21.698274 139.555225 21.691164 139.556173 21.687372 139.558068 21.658456 139.559016 21.648501 139.553802 21.641866 139.541951 21.630963 139.536737 21.621008 139.532471 21.610580 139.530575 21.596359 139.531049 21.587826 139.531523 21.574554 139.533419 21.563177 139.523465 21.544690 139.522043 21.532839 139.520147 21.520040 139.521568 21.505819 139.526308 21.494443 139.526783 21.484014 139.527731 21.477852 139.528205 21.469319 139.526309 21.463631 139.522042 21.448462 139.518724 21.435663 139.519672 21.426657 139.522043 21.418598 139.523465 21.410066 139.525834 21.395371 139.526308 21.387786 139.523464 21.375936 139.520620 21.370721 139.520146 21.363611 139.522042 21.356026 139.523464 21.346546 139.524887 21.341332 139.523939 21.329481 139.524413 21.317156 139.518724 21.298195 139.512088 21.291084 139.503081 21.286345 139.495971 21.276390 139.495497 21.267858 139.497867 21.255533 139.497867 21.250319 139.507347 21.241786 139.520620 21.234202 139.536737 21.228987 139.542900 21.227091 139.550958 21.225195 139.563757 21.224247 139.570868 21.221403 139.575607 21.217610 139.578925 21.202916 139.581296 21.186799 139.584140 21.168786 139.581770 21.143662 139.581770 21.128019 139.577030 21.119486 139.569920 21.111902 139.562809 21.104792 139.557121 21.102422 139.552854 21.101948 139.546218 21.096260 139.540530 21.086779 139.536737 21.081565 139.536264 21.073980 139.539108 21.066870 139.544322 21.062130 139.547166 21.057864 139.551906 21.055493 139.556646 21.052649 139.559964 21.047909 139.561861 21.042695 139.562834 21.033858 139.560743 21.032069 139.558469 21.030059 139.556867 21.028209 139.555708 21.025739 139.554472 21.024179 139.551527 21.023669 139.549818 21.023500 139.548887 21.022168 139.548399 21.020499 139.548277 21.018479 139.547163 21.015889 139.545927 21.013228 139.545316 21.009889 139.545850 21.008159 139.546461 21.006370 139.541761 21.001678 139.535665 21.000434 139.528756 20.999183 139.521442 21.001129 139.515348 21.004284 139.511689 21.000257 139.508842 20.995036 139.499900 20.990170 139.494212 20.991328 139.492991 20.986920 139.492988 20.980920 139.489328 20.974893 139.479575 20.973621 139.471855 20.976764 139.461811 20.984346 139.448400 20.987196 139.438645 20.990853 139.427673 20.992079 139.416296 20.990466 139.409391 20.983173 139.401674 20.973042 139.400053 20.962906 139.399649 20.953174 139.401279 20.942630 139.404941 20.930868 139.406569 20.925595 139.408603 20.919511 139.409417 20.916267 139.409545 20.912100 139.408660 20.909340 139.408889 20.906860 139.408553 20.903919 139.407546 20.901850 139.405272 20.900431 139.402800 20.899010 139.400405 20.897820 139.397704 20.896629 139.395293 20.895029 139.392943 20.892811 139.389586 20.886601 139.390227 20.884461 139.391677 20.882601 139.393981 20.879990 139.396163 20.877840 139.397856 20.876209 139.398513 20.874121 139.399092 20.871870 139.399871 20.870020 139.400893 20.868740 139.402236 20.867569 139.402144 20.865440 139.401580 20.863140 139.400817 20.860260 139.400420 20.857781 139.399062 20.856470 139.397460 20.855221 139.395537 20.853729 139.393752 20.851959 139.393416 20.849251 139.393569 20.846310 139.393782 20.843941 139.394439 20.841860 139.395140 20.839260 139.395354 20.836201 139.393996 20.834940 139.392348 20.834669 139.390929 20.833700 139.389693 20.831690 139.385997 20.828434 139.376516 20.824641 139.368458 20.819901 139.362295 20.815636 139.355659 20.812791 139.349022 20.807103 139.347600 20.800467 139.349497 20.790512 139.345704 20.782453 139.338594 20.775343 139.330535 20.771077 139.326269 20.768706 139.322951 20.762544 139.321055 20.757804 139.316315 20.754012 139.313470 20.752589 139.310626 20.754486 139.304938 20.754485 139.300672 20.751404 139.298775 20.743583 139.296168 20.732443 139.292478 20.719638 139.285372 20.709570 139.277673 20.703056 139.273528 20.695358 139.269975 20.687659 139.266422 20.685291 139.258724 20.686476 139.252209 20.684699 139.245695 20.677001 139.237997 20.672263 139.229114 20.669302 139.219047 20.670487 139.206611 20.671079 139.192399 20.668118 139.181148 20.661604 139.159829 20.648575 139.148578 20.639693 139.153315 20.629626 139.153315 20.614821 139.163382 20.607123 139.180555 20.598240 139.179371 20.586988 139.170488 20.577513 139.159829 20.568631 139.153907 20.557380 139.157460 20.543168 139.163382 20.524810 139.158053 20.517112 139.142063 20.508229 139.141404 20.507986 139.136323 20.498954 139.136041 20.494720 139.137452 20.487381 139.124914 20.487323

Then easterly to the centreline of Mingera Creek at Latitude 20.487323° South; then generally north easterly passing through following coordinate points. Longitude Latitude (East) (South) 139.055119 20.459883 139.071614 20.431308

Then south easterly to the intersection of the centrelines of Mingera Creek and Wilfred Creek at Latitude 20.433154° South; then generally north easterly along the centreline of Wilfred Creek to the northern boundary of Lot 2324 on SP162422 (Meltham Pastoral Holding); then north westerly and westerly along northern boundaries of that lot to the south eastern corner of Lot 6 on SP162423 (Yelvertoft Lands Lease); then generally northerly along eastern boundaries of that lot to the southern boundary Lot 5 on CP865892 (Calton Hills Pastoral Holding); then generally westerly, northerly and easterly along boundaries of that lot to Longitude 139.014863° East; then generally north easterly and generally north westerly passing through the following coordinate points. Longitude Latitude (East) (South) 139.007990 19.805005 139.007777 19.799144 139.009440 19.795215 139.010951 19.792335 139.013423 19.790016 139.016566 19.788736 139.019175 19.787685 139.022196 19.786174 139.024546 19.783346 139.025065 19.780115 139.026377 19.776374 139.029032 19.774455 139.032008 19.773864 139.035410 19.774474 139.038813 19.775155 139.042750 19.773115 139.044261 19.771615 139.046609 19.768895 139.048837 19.767154 139.050409 19.765825 139.051858 19.764665 139.054330 19.762346 139.055948 19.759235 139.058588 19.755016 139.060174 19.756215 139.061944 19.757064 139.064310 19.757406 139.067941 19.754905 139.069925 19.752364 139.070749 19.749715 139.072061 19.745216 139.072580 19.742685 139.073480 19.739854 139.074853 19.737544 139.076105 19.734605 139.076578 19.732074 139.079294 19.730905 139.080804 19.727796 139.082712 19.724325 139.083368 19.721734 139.084009 19.718795 139.084894 19.715104 139.085535 19.711074 139.085870 19.706186 139.085336 19.700204 139.085732 19.695316 139.087288 19.693345 139.089333 19.690284 139.090523 19.687805 139.091835 19.683536 139.092247 19.681236 139.092965 19.679675 139.094704 19.678344 139.097313 19.677526 139.100945 19.676465 139.105126 19.676385 139.107430 19.675504 139.109490 19.674856 139.112511 19.673635 139.114617 19.670345 139.114891 19.666314 139.114617 19.662055 139.114815 19.655555 139.115578 19.652444 139.118050 19.649955 139.122582 19.649005 139.125679 19.648984 139.129052 19.646316 139.133660 19.644624 139.137840 19.645225 139.141654 19.643766 139.145164 19.643575 139.149238 19.644124 139.154579 19.644145 139.160026 19.644164 139.162940 19.643745 139.164390 19.642354 139.166465 19.636535 139.168449 19.633754 139.171455 19.631095 139.174842 19.629115 139.177970 19.625816 139.180625 19.623386 139.183555 19.618986 139.186134 19.614715 139.190330 19.609044 139.193763 19.605344 139.198584 19.600826 139.202368 19.596654 139.205908 19.592485 139.208792 19.588615 139.211966 19.584455 139.215277 19.580633 139.216025 19.575155 139.215689 19.571935 139.216391 19.567504 139.217566 19.563526 139.218695 19.560005 139.219336 19.556606 139.218954 19.554944 139.217841 19.551444 139.215872 19.547885 139.212622 19.543535 139.208594 19.539705 139.204993 19.536796 139.200720 19.533374 139.194937 19.530015 139.180014 19.520274 139.181974 19.508266 139.186746 19.500767 139.190836 19.484407 139.189627 19.473908 139.170385 19.460547 139.163806 19.455796 139.153035 19.447936 139.141391 19.443278 139.133698 19.441776 139.122824 19.441456 139.111631 19.441777 139.100437 19.440497 139.097558 19.434101 139.101396 19.430903 139.109712 19.430903 139.111950 19.430583 139.113869 19.426105 139.113870 19.409795 139.114189 19.399240 139.110991 19.395083 139.106834 19.391565 139.103316 19.386447 139.097879 19.383249

Then north westerly to a southern bank of Coppermine Creek at Longitude 139.087265° East, Latitude 19.378847° South; then generally northerly along eastern banks of Coppermine Creek to its headwaters at Longitude 139.181983°, Latitude 19.313789° South; then northerly to the headwaters of Fiery Creek at Longitude 139.181483°, Latitude 19.308038° South; then generally northerly along eastern banks of that creek back to the commencement point. Note: Reference Data and Source: Native Title Determination Application boundary data compiled by National Native Title Tribunal Topographic vector data is © Commonwealth of Australia (Geoscience Australia) 2003. Cadastral data and tenure information sourced from Department of Environment & Resource Management, Qld (September 2010). Rivers and creeks data is based on, where available, cadastral data or 1:100 000/1:250 000 sourced from Department of Environment & Resource Management, Qld (July 2002). Reference Datum Geographical coordinates have been provided by the NNTT Geospatial Unit and are referenced to the Geocentric Datum of Australia 1994 (GDA94), in decimal degrees and are based on the spatial reference data acquired from the various custodians at the time. Use of Coordinates Where coordinates are used within the description to represent cadastral or topographical boundaries or the intersection with such, they are intended as a guide only. As an outcome to the custodians of cadastral and topographic data continuously recalculating the geographic position of their data based on improved survey and data maintenance procedures, it is not possible to accurately define such a position other than by detailed ground survey. Prepared by Geospatial Services, National Native Title Tribunal (24 November 2010) Map 5A - External Boundary SCHEDULE 5B - Determination Maps SCHEDULE 6 - Other interests in the Determination Area The following interests current at the date of this determination:

1. The rights and interests of the parties under the following Indigenous Land Use Agreements ("ILUAs"): (a) between the Applicant and the State of Queensland executed on 1 December 2011 - "Kalkadoon People/State of Queensland Pre-Determination ILUA"; (b) between Lawrence (Sonny) Condren, Thelma Sullivan, James Watts Taylor (Wadtija) Richard Percy, Cornelia Craigie, Ethel Page and Patricia Kyle on behalf of the Kalkadoon People and Mount Isa City and the State of Queensland registered on 8 September 2003 as QI2002/064 - "Kalkadoon/Mount Isa Northridge Industrial Estate ILUA"; and (c) between William Doyle, Noeleen Dempsey, Illona Parker, Lawrence (Sonny) Condren, Hazel Munro, Sue Sarmardin (Jr), Patricia Kyle, Cornelia Craigie and Douglas Bruce on behalf of the Kalkadoon People and Mount Isa City and the State of Queensland registered on 13 June 2008 as QI2007/015 - "Kalkadoon/Gliderport ILUA".
2. The rights and interests of the State of Queensland, Boulia Shire Council, Burke Shire Council, Cloncurry Shire Council, McKinlay Shire Council and Mount Isa City 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 roads.
3. The rights and interests of each of Boulia Shire Council, Burke Shire Council, Cloncurry Shire Council, McKinlay Shire Council and Mount Isa City Council: (a) under its local government jurisdiction and functions under the Local Government Act 2009 (Qld), under the Land 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 Council's local government area; (b) as the: (i) lessor under any leases whether separately particularised in this determination or not; (ii) grantor of any licences or other rights and interests whether separately particularised in this determination or not; (iii) holder of any estate or interest in land, and as trustee of any reserves, that exist in the in the Determination Area; (c) as the owner and operator of infrastructure, facilities and other improvements located in the Determination Area including but not limited to: (i) dedicated roads operated by Council; (ii) gravel pits operated by Council; (iii) undedicated but constructed roads except for those not operated by Council; (iv) water pipelines and other water supply infrastructure; (v) drainage facilities; and (vi) cemetery and cemetery related facilities; (d) to enter the land described in paragraphs (a), (b) and (c) above by its employees, agents or contractors to: (i) exercise any of the rights and interests referred to in paragraph 3 of this Schedule; (ii) inspect, maintain and repair the infrastructure, facilities and other improvements referred to in paragraph (c) above; and (iii) undertake operational activities in its capacity as a local government such as feral animal control, weed control, erosion control, waste management and fire management; and (e) under an ILUA with the Applicant executed on 7 December 2011 - "Kalkadoon People and Local Government ILUA".
4. The powers and responsibilities of the Carpentaria Shire Council under "Local Government Acts" as that term is defined in the Local Government Act 2009 (Qld) which apply to the Determination Area including any rights the Council or its employees or agents have: (a) as the owner and operator of infrastructure, facilities and other improvements (including gravel pits and road related infrastructure located outside dedicated roads) which are in the Determination Area; and (b) to enter and exercise rights within the Determination Area in accordance with the Local Government Act 2009 (Qld).
5. The rights and interests of Telstra Corporation Limited: (a) as the owner or operator of telecommunications facilities 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 existing and any new telecommunication facilities; and (iv) for its employees, agents or contractors to access the Determination Area for the purposes of exercising the rights in (i), (ii) and (iii) above in respect of telecommunications facilities in and in the vicinity of the Determination Area; (c) under any licences, access agreements or easements relating to its telecommunication facilities in the Determination Area, including the Access Agreement between William Doyle, Noeleen Dempsey, Illona Parter, Lawrence (Sonny) Condren, Hazel Munro, Sue Sarmardin (Jr), Patricia Kyle, Cornelia Craigie and Douglas Bruce on behalf of the Kalkadoon People and Telstra Corporation Limited dated on or about 9 December 2011; and (d) under lease TL231057 in respect of Lot 2 on SP183412 (Healy CMTS).
6. The rights and interests of MMG Australia Limited: (a) as the holder of mining leases ML2467 to 2471, ML2477 to ML2482, ML2496 to 2502, ML 2556 to 2559, ML 2599, ML2596, ML2601, ML2638, ML2684, ML2685, ML7496, ML90047 and ML90049 to ML90051 granted under the Mineral Resources Act 1989 (Qld); (b) as the holder of exploration permits and mineral development licences granted under the Mineral Resources Act 1989 (Qld); (c) arising under the Dugald River Project Agreement dated 6 April 2009 between MMG Australia Limited, and the Kalkadoon People (Project Agreement) as varied; and (d) arising under the Cultural Heritage Management Plan - Dugald River Project between MMG Australia Limited, the Kalkadoon People and Kalkadoon Cultural Heritage Services Pty Ltd (MMG Kalkadoon CHMP) (approved on 15 February 2010).
7. The rights and interests of CST Minerals Lady Annie Pty Limited: (a) as the holder of mining leases ML5426, ML5435, ML5446, ML5447, ML5448, ML5474, ML5476, ML5478, ML90168, ML90169, ML90170 and ML90179 granted under the Mineral Resources Act 1989 (Qld); (b) as the beneficial owner of mining leases ML90178 and ML90184; (c) as the holder of exploration permits granted under the Mineral Resources Act 1989 (Qld); and (d) arising under the "Lady Annie/Mount Kelly Project - Agreement relating to native title and mining" dated on or about 5 October 2006 between CST Minerals Lady Annie Pty Limited (as assigned) and the Kalkadoon People.
8. The rights and interests of Roverton Pty Ltd: (a) as the owner and operator of gaseous petroleum and associated liquid petroleum distribution facilities within the Determination Area; (b) as the holder of Pipeline Licence No 41 dated 20 March 1997 granted under the Petroleum Act 1923 (Qld); (c) created pursuant to the Miscellaneous Transport Infrastructure Corridor easement under the Transport Infrastructure Act 1994 (Qld); and (d) as the holder of a Corridor Licence dated 27 March 1997 between Roverton Pty Ltd and the Chief Executive under the Transport Infrastructure Act 1994 (Qld) including rights: (i) to access, inspect and patrol (including aerial patrol) the land; (ii) to construct and operate gaseous petroleum and associated liquid petroleum distribution facilities both above ground and under ground; (iii) to maintain, repair, replace, alter, remove and ensure the proper functioning of its existing and any new gaseous petroleum and associated liquid petroleum distribution facilities; (iv) to install any new gaseous petroleum and associated liquid petroleum distribution facilities within the areas referred to in the Corridor Licence; and (v) for its employees, agents or contractors to access the Determination Area for the purpose of exercising the rights in (i), (ii), (iii) and (iv) above in respect of gaseous petroleum and associated liquid petroleum distribution facilities in the Determination Area.
9. The rights and interests of Mount Isa Mines Limited: (a) as the holder of mining lease ML 8058 granted under the Mount Isa Mines Limited Agreement Act 1985 (Qld), and ML 5432, ML 5434, ML 2484, ML 5414, ML 5424, ML 5576, ML 2485, ML 2687, ML 2455, ML 2696 and ML 2453 granted under the Mineral Resources Act 1989 (Qld); (b) as the holder of exploration permits and mineral development licences granted under the Mineral Resources Act 1989 (Qld); (c) as lessee under pastoral holding PH 13/5563 on Lot 15 on CP805055 (otherwise known as Haslingden Pastoral Lease); (d) under an ILUA with the Applicant authorised on 20 November 2011 - "Kalkadoon People/Xstrata ILUA"; and (e) under the "Kalkadoon/MIM Indigenous Land Use Agreement" entered between the Applicant and the State, and the "Kalkadoon/MIM Explorer Deed" entered between the Applicant and Mount Isa Mines Limited, both dated 13 September 2001.
10. The rights and interests of Noranda Pacific Pty Ltd: (a) as the holder of mining lease ML 5568 granted under the Mineral Resources Act 1989 (Qld); (b) arising under the McNamara's Highway Agreement dated 26 October 2001 as originally between Calton Hills Pty Ltd, Noranda Pacific Pty Ltd and Buka Minerals (Lady Loretta No. 2) Pty Ltd; (c) arising under the Cultural Heritage Management Plan - Lady Loretta project ML5568 between Noranda Pacific Pty Ltd and William Doyle, Noeleen Dempsey, Illona Parter, Sonny Condren, Hazel Munro, Sue Sarmardin (Jr), Patricia Kyle, Connie Craigie and Douglas Bruce on their own behalf and on behalf of the Kalkadoon People; and (d) under an ILUA with the Applicant authorised on 20 November 2011 - "Kalkadoon People/Xstrata ILUA".
11. The rights and interests of Xstrata Copper Exploration Pty Ltd: (a) as the holder of mining lease ML 5566 granted under the Mineral Resources Act 1989 (Qld); and (b) under an ILUA with the Applicant authorised on 20 November 2011 - "Kalkadoon People/Xstrata ILUA".
12. The rights and interests of Ergon Energy Corporation Ltd: (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 on or before the date on which these orders are made; and (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 to inspect, maintain and manage any Works in the Determination Area; and (d) under an ILUA between the native title holders and Ergon Energy Corporation Limited executed on 20 June 2011 - "Kalkadoon People/Ergon ILUA".
13. The rights and interests of CS Energy Mica Creek Pty Ltd: (a) as the owner or operator of electricity generation and associated facilities within the Determination Area, including as owner and operator of the Mica Creek Power Station; (b) as sub-lessee of mining lease 8058 pursuant to the sub-lease registered with the Queensland Department of Employment, Economic Development and Innovation as dealing number 979051; (c) as holder of petroleum pipeline licence number 49; and (d) the rights of access over the Determination Area or parts thereof by its officers, employees, agents and contractors to, from and around its generation, pipeline and other facilities in, and in the vicinity of the Determination Area.
14. The rights and interests of the Commonwealth of Australia and its licensees under the grant of a Permissive Use in respect of the whole of Lot 2 on Crown Plan AP17205.
15. The rights and interests of A A Company Pty Ltd under: (a) Pastoral Holding 13/3522 comprising Lot 3522 on PH1192 and known as Alcala Pastoral Lease; (b) Pastoral Holding 13/50 comprising Lot 50 on SP158585 and known as Canobie; and (c) an ILUA between the lessee and the Applicant authorised on 20 November 2011 - "Kalkadoon People/Alcala and Canobie ILUA".
16. The rights and interests of Argylla Mountains Pastoral Pty Ltd under: (a) Pastoral Holding 13/5345 comprising Lot 100 on AA31 and known as Heywood; (b) Pastoral Holding 13/2555 comprising Lot 922 on SP137139 and Occupation Licence 13/573 comprising Lot 572 on CP857742, Lot 574 on CP857742, Lot 575 on CP857742 and Lot 573 on SP110102 and known as Murrumba; and (c) an ILUA between the lessee and the Applicant authorised on 23 October 2011 - "Kalkadoon People/Heywood and Murrumba ILUA".
17. The rights and interests of Bezuma Pastoral Company Pty Ltd under: (a) Pastoral Holding 8/2516 comprising Lot 1 on UN7 and known as Thorntonia; and (b) an ILUA between the lessee and the Applicant authorised on 23 October 2011 - "Kalkadoon People/Thorntonia ILUA".
18. The rights and interests of Cameron Creek Pastoral Company Pty Ltd under: (a) Pastoral Holding 13/3635 comprising Lot 3635 on PH2175 and known as Hillside; and (b) an ILUA between the lessee and the Applicant authorised on 23 October 2011 - "Kalkadoon People/Hillside ILUA".
19. The rights and interests of Ian Charles Campbell under: (a) Pastoral Holding 13/4414 comprising Lot 554 on SP177589 and known as Angus (aka Rosebud); (b) Pastoral Holding 13/5184 comprising Lot 5184 on PH917 and known as Coll (aka Rifle Creek); and (c) an ILUA between the lessee and the Applicant authorised on 23 October 2011 - "Kalkadoon People/ Angus (aka Rosebud) and Coll (aka Rifle Creek) ILUA".
20. The rights and interests of Graham Curley and Marie Curley under: (a) Pastoral Holding 13/5183 comprising Lot 5183 on PH921 and known as Bendigo Park ( aka Yadthor); and (b) an ILUA between the lessee and the Applicant authorised on 23 October 2011 - "Kalkadoon People/Bendigo Park (aka Yadthor) ILUA".
21. The rights and interests of Andrew William Jesse Daniels, Samuel Donald James Daniels and Gabrielle Kennedy under: (a) Pastoral Holding 13/4893 comprising Lot 4893 on PH2202 and known as Roxmere; and (b) an ILUA between the lessee and the Applicant authorised on 23 October 2011 - "Kalkadoon People/Roxmere ILUA".
22. The rights and interests of Walter George Hacon under: (a) Pastoral Holding 13/3721 comprising Lot 3721 on PH810 and known as Ballaghmore Downs; (b) Pastoral Holding 13/3743 comprising Lot 3743 on PH811 and known as Tyndool; and (c) an ILUA between the lessee and the Applicant authorised on 23 October 2011 - "Kalkadoon People/Ballaghmore Downs and Tyndool ILUA".
23. The rights and interests of Peter Eric Hacon under: (a) Preferential Pastoral Holding 13/85 comprising Lot 85 on PH1944 and Preferential Pastoral Holding 13/3740 comprising Lot 1 on GR14, Lot 2 on GR27 and Lot 3 on GR27 and known as Granada; and (b) an ILUA between the lessee and the Applicant authorised on 19 November 2011 - "Kalkadoon People/Granada ILUA".
24. The rights and interests of Hacon Holdings Pty Ltd under: (a) Pastoral Development Holding 13/2999 comprising Lot 2999 on PH1926 and known as Buckingham Downs; and (b) an ILUA between the lessee and the Applicant authorised on 19 November 2011 - "Kalkadoon People/Buckingham Downs ILUA".
25. The rights and interests of Ronald Leslie Hall under: (a) Pastoral Holding 13/2588 comprising Lot 2588 on PH2037 and known as Gereta; (b) Pastoral Holding 13/2585 comprising Lot 2585 on PH1274 and Occupation Licence 13/579 comprising Lot 579 on OL121 and known as Regent; and (c) an ILUA between the lessee and the Applicant authorised on 23 October 2011 - "Kalkadoon People/Gereta and Regent ILUA".
26. The rights and interests of Ronald Leslie Hall and Copelan Rose Hall under: (a) Term Lease 0/221467 comprising Lot 7 on TG20; and (b) an ILUA between the lessee and the Applicant authorised on 23 October 2011 - "Kalkadoon People/Gereta and Regent ILUA".
27. The rights and interests of Scott Fisher Harrington under: (a) Preferential Pastoral Holding 13/1496 comprising Lot 4196 on PH339 and known as Ibis Creek; and (b) an ILUA between the lessee and the Applicant authorised on 23 October 2011 - "Kalkadoon People/Ibis Creek ILUA".
28. The rights and interests of Lionel Albert Hudson under: (a) Pastoral Holding 13/3768 comprising Lot 2 on GR16 and Lot 4 on GR16 and known as The Nobbies (aka Dugald); and (b) an ILUA between the lessee and the Applicant authorised on 23 October 2011 - "Kalkadoon People/The Nobbies (aka Dugald) ILUA".
29. The rights and interests of Jersey Plains Pastoral Company Pty Ltd under: (a) Pastoral Holding 13/5211 comprising Lot 521 on CP905413 and known as Chum Vale; (b) Pastoral Holding 13/4144 comprising Lot 4144 on PH2265 and known as Jersey Plains; (c) Pastoral Holding 13/5219 comprising Lot 1 on BD102 and known as Bloodwood; and (d) an ILUA between the lessee and the Applicant authorised on 23 October 2011 - "Kalkadoon People/Chum Vale, Jersey Plains and Bloodwood ILUA".
30. The rights and interests of Thomas Goodwin Keats under: (a) Pastoral Holding 13/2965 comprising Lot 2965 on PH1525 and known as Gleeson; and (b) an ILUA between the lessee and the Applicant authorised on 23 October 2011 - "Kalkadoon People/Gleeson ILUA".
31. The rights and interests of Alfred Arthur Lanskey under: (a) Pastoral Holding 8/5553 comprising Lot 4 on UN803944 and known as Barr Creek; (b) Pastoral Holding 8/4511 comprising Lot 4511 on PH1667 and known as Toorah Vale; and (c) an ILUA between the lessee and the Applicant authorised on 23 October 2011 - "Kalkadoon People/Barr Creek and Toorah Vale ILUA".
32. The rights and interests of Edgar Alfred Lanskey under: (a) Pastoral Holding 13/2658 comprising Lot 2658 on PH1622 and Occupation Licence 8/835 comprising Lot 385 on OL28 and known as Bortala (aka Alsace); and (b) an ILUA between the lessee and the Applicant authorised on 23 October 2011 - "Kalkadoon People/Bortala (aka Alsace) ILUA".
33. The rights and interests of James Lyne Lord and Marjorie Annette Lord under: (a) Pastoral Holding 13/2324 comprising Lot 2324 on SP162422 and known as may downs (aka Meltham); and (b) an ILUA between the lessee and the Applicant authorised on 23 October 2011 - "Kalkadoon People/May Downs (aka Meltham) ILUA".
34. The rights and interests of Lorraine Pastoral Company Pty Ltd under: (a) Pastoral Holding 8/3705 comprising Lot 5 on LS17 and known as Lorraine/Talawanta; and (b) an ILUA between the lessee and the Applicant authorised on 12 December 2011 - "Kalkadoon People/Lorraine/Talawanta ILUA".
35. The rights and interests of Robert John McConachy under: (a) Pastoral Holding 13/5470 comprising Lot 7 on CW67 and known as Ashover; and (b) an ILUA between the lessee and the Applicant authorised on 23 October 2011 - "Kalkadoon People/Ashover ILUA".
36. The rights and interests of Archibald James McDonald under: (a) Term Lease 233216 comprising Lot 427 on SW805054 and known as Brightlands; (b) Pastoral Holding 13/2547 comprising Lot 2547 on PH2215, Term Lease 0/210349 comprising Lot 7 on SW42 and Term Lease 0/0233884 comprising Lot 12 on SW807930 and known as Bulonga; and (c) an ILUA between the lessee and the Applicant authorised on 23 October 2011 - "Kalkadoon People/Brightlands and Bulonga ILUA".
37. The rights and interests of Donald Francis James McDonald under: (a) Pastoral Holding 13/1384 comprising Lot 5 on SW43 and Lot 1 on MPH13989 and known as Farley; (b) Pastoral Holding 13/4554 comprising Lot 4554 on PH2190 and known as Girla (aka Girila); and (c) an ILUA between the Lessee and the Applicant authorised on 23 October 2011 - "Kalkadoon People/Farley and Girla (aka Girila) ILUA".
38. The rights and interests of Harold Henry McMillan under: (a) Preferential Pastoral Holding 13/3692 comprising Lot 3692 on PH2168 and known as Carsland; (b) Preferential Pastoral Holding 13/2846 comprising Lot 2 on GR41 and known as Patricia Vale; (c) Preferential Pastoral Holding13/3742 comprising Lot 1 on GR42 and known as Quamby; (d) Preferential Pastoral Holding 13/3712 comprising Lot 2 on BD56, Lot 3 on BD56 and Lot 4 on BD56 and known as Evandean; (e) Pastoral Holding 13/2577 comprising Lot 2577 on PH139, Term Lease 0/221462 comprising Lot 18 on GR28 and Term Lease 0/208859 comprising Lot 6 on GR33 and known as Yambini; and (f) an ILUA between the lessee and the Applicant authorised on 23 October 2011 - "Kalkadoon People/Carsland, Patricia Vale, Quamby, Evandean, Yambini and Venus (aka Jessivale) ILUA".
39. The rights and interests of Harold Henry McMillan and Catherine Patricia McMillan under: (a) Pastoral Holding 13/3487 comprising Lot 3487 on PH2127 and Term Lease 0/214868 comprising Lot 10 on BD182 and known as Venus (aka Jessivale); and (b) an ILUA between the lessee and the Applicant authorised on 23 October 2011 - "Kalkadoon People/Carsland, Patricia Vale, Quamby, Evandean, Yambini and Venus (aka Jessivale) ILUA".
40. The rights and interests of McMillan Pastoral Company Pty Ltd under: (a) Term Lease 0/232052 comprising Lot 3942 on PH2162 and known as Corella Park; (b) Preferential Pastoral Holding 13/4126 comprising Lot 4126 on PH1069 and known as Ginburra (aka Lanark); (c) Pastoral Holding 13/5214 comprising Lot 5214 on PH1272 and known as Mount Maggie; (d) Pastoral Holding 13/2200 comprising Lot 220 on SP177588 and Special Lease 13/51258 comprising Lot 12 on BD121 and known as Timberu; and (e) an ILUA between the lessee and the Applicant authorised on 23 October 2011 - "Kalkadoon People/Corella Park, Ginburra (aka Lanark), Mount Maggie and Timberu ILUA".
41. The rights and interests of MDH Pty Ltd under: (a) Pastoral Holding 13/69 comprising Lot 69 on SP122682 and known as Devoncourt; (b) Pastoral Holding 13/5398 comprising Lot 16 on CW62 and known as Stradbroke (aka Stanbroke); and (c) an ILUA between the lessee and the Applicant authorised on 23 October 2011 - "Kalkadoon People/Devoncourt and Stradbroke (aka Stanbroke) ILUA".
42. The rights and interests of William Thomas Mitchell under: (a) Pastoral Holding 13/3192 comprising Lot 3192 on PH2082 and known as Bannockburn (aka Koolamarra); and (b) an ILUA between the lessee and the Applicant authorised on 23 October 2011 - "Kalkadoon People/Bannockburn (aka Koolamarra) ILUA".
43. The rights and interests of North Australian Pastoral Company Pty Ltd under: (a) Pastoral Holding 13/5430 comprising Lot 3 on LS18 and known as Boomara; (b) Pastoral Holding 13/64 comprising Lot 59 on TG40 and known as Coolullah; and (c) an ILUA between the lessee and the Applicant authorised on 19 November 201 - "Kalkadoon People/Boomara and Coolullah ILUA".
44. The rights and interests of Paraway Pastoral Company Pty Ltd under: (a) Pastoral Holding 13/57 comprising Lot 8 on GR49 and known as Clonagh; (b) Pastoral Holding 0/233456 comprising Lot 10 on SP223544 and known as Corella; and (c) an ILUA between the lessee and the Applicant authorised on 23 October 2011 - "Kalkadoon People/Clonagh and Corella ILUA".
45. The rights and interests of Ronald Arthur Power and Neville Joseph Power under: (a) Pastoral Holding 13/342 comprising Lot 342 on 1337 and known as Bushy Park; and (b) an ILUA between the lessee and the Applicant authorised on 23 October 2011 - "Kalkadoon People/Bushy Park ILUA".
46. The rights and interests of Stanbroke Pastoral Company Pty Ltd under: (a) Pastoral Holding 8/41 comprising Lot 4 on SP120452 and known as Augustus Downs; (b) Pastoral Holding 13/80 comprising Lot 80 on SP112345 and known as Fort Constantine; (c) Pastoral Holding 8/100 comprising Lot 100 on PH1945 and known as Kamilaroi; (d) an ILUA between the lessee and the Applicant dated 1 December 2011 - "Stanbroke Kalkadoon State of Queensland ILUA"; and (e) an ILUA between the lessee and the Applicant dated 1 December 2011 - "Kalkadoon People and Stanbroke and State of Queensland - Kamilaroi ILUA".
47. The rights and interests of Tom Keats & Co Pty Ltd under: (a) Pastoral Holding 13/2657 comprising Lot 2657 on PH533 and known as Whites Hill; and (b) an ILUA between the lessee and the Applicant authorised on 23 October 2011 - "Kalkadoon People/Whites Hill ILUA".
48. The rights and interests of Venlock Pty Ltd under: (a) Pastoral Holding 0/212277 comprising Lot 3 on SP117500 and known as Ardmore; and (b) an ILUA between the lessee and the Applicant authorised on 23 October 2011 - "Kalkadoon People/Ardmore ILUA".
49. The rights and interests of Alan James Webber under: (a) Pastoral Holding 8/2984 comprising Lot 2984 on PH1906 and known as Mellish Park; and (b) an ILUA between the lessee and the Applicant dated 12 December 2011 - "Kalkadoon People/Mellish Park ILUA".
50. The rights and interests of Peter John Woollett and Ann Teresa Woollett under: (a) Preferential Pastoral Holding 8/5498 comprising Lot 8 on TW8 and known as Berguna; (b) Pastoral Holding 8/5448 comprising Lot 1 on BK33 and known as Nardoo; and (c) an ILUA between the lessee and the Applicant authorised on 19 November 2011 - "Kalkadoon People/Berguna and Nardoo ILUA".
51. The rights and interests of Ivanhoe Cloncurry Mines Pty Ltd under: (a) Pastoral Holding 13/5364 comprising Lot 5364 on CP1891 and known as Starcross; and (b) an ILUA between the lessee and the Applicant dated 12 December 2011 - "Kalkadoon People/Starcross ILUA".
52. The rights and interests of the holders of any permits, claims, licences or leases granted under the Mineral Resources Act 1989 (Qld).
53. The rights and interests of the holders of any permit, licence, lease, other authority, agreement or contract issued or made under the Forestry Act 1959 (Qld) as may be current as at the date of this determination.
54. The rights and interests of the holders of any leases, licences, reservations, permits, easements or authorities granted under the Land Act 1994 (Qld), and any relevant regulations or subordinate legislation made under that Act.
55. The rights and interests of the holders of any licences, permits or allocations under the Water Act 2000 (Qld) and any relevant regulations or subordinate legislation made under that Act.
56. The rights and interests of members of the public arising under the common law, including but not limited to the following: (a) any subsisting public rights to fish; and (b) the public right to navigate.
57. 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 of waterways; and (c) areas that were public places at the end of 31 December 1993.
58. Any other rights and interests held by the State of Queensland or Commonwealth of Australia, or by reason of the force and operation of the Laws of the State or the Commonwealth. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011. IN THE FEDERAL COURT OF AUSTRALIA QUEENSLAND DISTRICT REGISTRY GENERAL DIVISION QUD 579 of 2005

BETWEEN: WILLIAM DOYLE, DOUG BRUCE, SONNY CONDREN, CONNIE CRAIGIE, NOELENE DEMPSEY, PATRICIA KYLE, HAZEL MUNRO, ILONA PARTER AND SUE SAMARDIN JR ON BEHALF OF THE KALKADOON PEOPLE #4

XSTRATA COPPER EXPLORATION PTY LTD (FORMERLY MIM EXPLORATION PTY LTD)

JUDGE: DOWSETT J DATE: 12 DECEMBER 2011 PLACE: MOUNT ISA

REASONS FOR JUDGMENT 1 On 30 May 1995 the Kalkadoon people lodged a claim to Native Title pursuant to the Native Title Act 1993 (Cth) (the "Act"). Six further claims were filed. Following a research project commissioned by the Carpentaria Land Council the current claim, known as Kalkadoon #4, was filed on 22 December 2005. The Kalkadoon #5 claim was filed on 13 January 2006. 2 Kalkadoon #4 and #5 claims were accepted for registration on 4 September 2006 and 11 December 2006 respectively. On 28 March 2007 both claims were notified in accordance with the Act. On 8 December 2010 the Court ordered that the Kalkadoon #4 and #5 claims be combined. The remaining respondents to the combined claim are the State of Queensland, the Commonwealth of Australia, the Boulia, Bourke, Carpentaria, Cloncurry and McKinlay Shire Councils, the Mt Isa City Council, Ergon Energy Corporation Limited, Telstra Corporation Limited, CS Energy Mica Creek Pty Ltd, Michael McKeon, MMG Australia Limited, Mt Isa Mines Limited, Noranda Pacific Pty Ltd, Roverton Pty Ltd, Xstrata Copper Exploration Pty Ltd (formerly MIM Exploration Pty Ltd) and a large number of pastoralists. 3 The combined claim covers an area of about 38,720 square kilometres. It includes low lying plains in the north, north east and southern sections; the Cloncurry Ranges in the mountainous centre; the City of Mt Isa; the townships of Gunpowder, Kajabbi, Quamby, Mary Kathleen and Duchess; branches and tributaries of the Leichhardt River; the south western headwaters of the Cloncurry River; and the middle and upper reaches and tributaries of the Georgina River. 4 The parties to these proceedings have been involved in long and complex negotiations concerning the terms of this proposed consent determination. On 5 October 2009, the Court ordered that the matter be set down for trial, and that mediation in the Tribunal cease. Since that time, the case has been in intensive case-management under the supervision of court staff. As a result, the parties have reached final agreement pursuant to Part 4 Division 1C of the Act. The agreement was filed in the Court on 6 December 2011. Where, at any time after notification, the parties agree upon the orders to be made in relation to such proceedings, the Court may make orders without holding a full hearing, provided that it is satisfied that the proposed orders are within its power, and that it is appropriate that they be made. This Court resolves disputes between parties, which disputes are identified by the parties. Only disputes so identified fall for resolution by the Court. When parties make admissions or concessions, the issues in dispute are narrowed. In some cases, the Court may decline to act on such admissions or concessions. Where, as here, the proceedings have significance for people other than the parties, I must give careful consideration to the appropriateness of the proposed consent orders. Further, the agreement reached between the parties must be freely made, on an informed basis, by all parties. I accept that the State and all other parties, after consideration of the available evidence and archival material, support the orders sought by the applicant. The parties have provided extensive expert and non-expert evidence in support of the claim. I have also been assisted by written submissions filed by the applicant. 5 Sixteen Kalkadoon claimants, ranging in age from 50 to 78 years, and drawn from six different descent groups, have provided affidavit evidence attesting to the continued acknowledgement and observance of traditional laws and customs by the Kalkadoon people. The deponents display a detailed knowledge of their lines of descent and their respective relationships to the claim area. The deponents are: Richard Percy; Thelma Sullivan; Alec Sullivan; Pat Donovan; Hazel Munro; Judy Sam; Lawrence "Sonny" Condren; Doug Bruce; Dawn Sam; Cornelia Craigie; Clive Sam; Cecil Moonlight; Ron Nemo; Noleen Dempsey; Keith Percy; and James Watts Taylor. 6 The affidavits contain valuable evidence which supports the asserted exercise of continuing native title rights and interests by the claim group. They also contain comprehensive descriptions of traditional law and customs, dreaming stories, spiritual matters, language and significant sites, as well as detail concerning the methods of transmission of such knowledge. 7 Dr Gavin Breen has studied the Kalkatungu language since 1967. He considers that it is not closely related to any other language, a fact which re-inforces the perception of the claim group as a discrete group or nation. Historians Dr Jonathan Richards and Dr Roslyn Kidd have provided reports which detail the history of European contact with the Kalkadoon people. The first European contact was probably with the Burke and Wills party which entered the claim area in 1861. S.E. Pearson, writing in 1948, recorded that he had spoken to Kalkadoon people who recalled seeing that party. Wills recorded evidence of indigenous presence in the claim area, but the party saw few people. In 1861 and 1862 search parties looking for Burke and Wills, encountered many aboriginal groups. 8 George Sutherland brought sheep into the area in 1864, finding a substantial aboriginal settlement and evidence of fishing by line and net. He established the "Rocklands" station. Initially, there was little hostility between European settlers and the indigenous population, but this situation was not to continue. In 1864, William Campbell established a station at Clifton. He experienced at least one raid upon his camp and saw evidence of savage retribution visited upon the indigenous people as punishment for similar raids. In 1866, Ernest Henry commenced to explore the area. In 1867, with the assistance of aboriginal people, he found a copper oxide deposit. Thus the indigenous people contributed to the establishment of Queensland's present wealth. They also played an important role in establishing the grazing industry in north-west Queensland. By 1868, many sheep stations had been established in the area. As early as the 1870s, the local indigenous people were identified by European settlers as Kalkadoon. 9 The influx of European settlers led to increased hostility between them and the Kalkadoon people. Curiously, Ernest Henry continued to have good relations with indigenous people, suggesting that the hostility was not directed against all European interlopers. Henry was, himself, to be attacked, but he refused to permit retaliation. Hostilities seem to have commenced in about 1881. The settlers sought to resolve the problem by driving the Kalkadoon out of their traditional homeland. By the mid-1890s, aboriginal people in the north-west, including the Kalkadoon, were suffering severely from the effects of such displacement, leading to the introduction of protective legislation in 1897. Pursuant to that legislation, Dr Walter Roth was appointed Northern Protector of Aboriginal People. His writing is frequently cited in Native Title cases. Curiously, he seems to have foreseen the Native Title process as we now know it. In 1900, he wrote, in opposition to the practice of driving aboriginal people off leasehold runs: These runs are held only on grazing rights - the right to the grass - and can only be upheld as against people taking stock, &c., through them. It certainly is illegal for station-managers, &c., to use physical force and threats to turn blacks (or Europeans) so travelling off such lands. Carrying the present practice (might against right) to a logical conclusion, it would simply mean that, were all the land in the north to be thus leased, all the blacks would be hunted into the sea. 10 Roth also observed: In their day the Kalkadoons formed the most warlike and desperate of the tribes that the early pioneers had to contend with. 11 There is much additional material concerning the history of the Kalkadoon through the 20th century. Dr Kevin Mayo has prepared detailed genealogies of the descent groups from the apical ancestors and other Kalkadoon ancestors. Mr Peter Blackwood has prepared a three volume connection report as well as a supplementary report, addressing specific issues relating to the succession of the Kalkadoon people to lands of neighbouring groups. Mr Blackwood acknowledges the benefit of extensive earlier research carried out by anthropologists such as Dr Lee Sackett, Dr Paul Memmott and Dr Sandra Pannell. The State of Queensland has obtained a report from Professor Peter Sutton. It is in evidence. The anthropological evidence demonstrates that the Kalkadoon people lawfully hold rights and interests in the claim area in accordance with traditional laws and customs, including areas which were occupied by neighbouring groups at the assertion of British sovereignty. 12 I infer from the evidence that the Kalkadoon occupied much of the claim area at the time of first European contact in 1861, and that they similarly occupied that area in 1788. They have also succeeded earlier occupiers in other areas. The evidence demonstrates continued association with the claim area since 1861. Despite the sad consequences of European settlement, the Kalkadoon have continued to observe traditional laws and customs in their relationship with the claim area. 13 Dr Mayo's genealogies clearly identify descent groups, tracing their ancestry from first contact with European settlement in the claim area to the present time. The claim group is described as all of those persons who are descended from the following ancestors: Lardie Roberts (aka Lardie Moonlight); Dolly Prosser; Kitty Frogg; Annie Whip (mother of Martin Connelly (Snr)); Ida (aka Ada) Elston; Leichardt Toby; Rosie Waddibungera (mother of George Thorpe); Willy Malcolm; Nancy Daniels; Fanny (Nellie) McLennan; Nellie and Jimmy (parents of Topsy Harry, Annie Sam and Jack Kippen); Maggie Sautelle; Daisy Barton (nee McLean); Mundi MacDonald (aka King Mundie); Charlie Caldwell (Snr); Carbine; Jimmy Rolleston and Louisa Muni (parents of Bessie Mowbray); Gypsy Reid (aka Gypsy Ryan); Nellie Monkira; Polly Wilson (nee Hopkins) Marajundu; Jack Elston; Jessie Frogg (Snr); Polly Alroy (aka Polly George); Nobie Clay; Spider; Maryann (mother of Annie Reid and Eva Patterson); Sophie MacDonald; Julie (mother of Eulie and Lizzie Hickson); and Bessie Ah Fat. 14 That part of the determination area which is identified in schedule 2 to the proposed orders, is unallocated State land. The parties agree that Native Title rights and interests (other than in relation to water) in that area are the rights to possession, occupation, use and enjoyment to the exclusion of all others, subject to paras 5, 6 and 7 of the proposed orders. The nature and extent of native title rights and interests in that part of the determination area identified in schedule 3 (the "Area") (other than in relation to water) are, subject to paras 5, 6 and 7 of the proposed orders, the non-exclusive rights to: (i) be present on, including by accessing, traversing and Camping on, the Area; (ii) take (including by hunting), use, share and exchange Traditional Natural Resources from the Area for personal, domestic and non-commercial communal purposes; (iii) conduct cultural and spiritual activities and ceremonies on the Area; (iv) be buried and to bury native title holders in the ground, within the Area; (v) maintain places of importance and areas of significance to the native title holders under their traditional laws and customs and protect those places and areas, by lawful means, from physical harm; (vi) teach on the Area the physical and spiritual attributes of the Area; and (vii) hold meetings on the Area. 15 I do not doubt the appropriateness of the parties' identification of the issues or their consensual resolution of them. They have had the benefit of legal advice and substantial anthropological and other research. The proceedings have been on foot for a long time and have been publicised in accordance with the Act. The proposed orders have been drafted with regard to the public interest, represented by the Commonwealth, the State and the local authorities. I thank and congratulate all of the parties. The level of co-operation over the last two or three years has been remarkable, evidencing real respect for the Native Title process and the Kalkadoon people. 16 I should say a little more about such co-operation. It is only in recent years that we have been able to bring Native Title cases in north Queensland to the point at which consent determinations are possible. Recent determinations, and some which will occur in the near future, have reached that point only through the efforts of many people. The parties, particularly claim groups, miners, pastoralists and local authorities have played a large part by their pragmatic and co-operative approaches. 17 Those responsible for Native Title matters within the Queensland government have also played a key role through their constructive and timely participation in the process. 18 Curiously, it has fallen to a body known as the Queensland South Native Title Services Aboriginal Corporation to conduct Native Title cases in north-west Queensland. Their lawyers, past and present, both in-house and in private practice, have done sterling work. I mention in particular Mr Colin Hardie whose willingness to have this matter listed for trial did much to bring about its resolution today. I acknowledge too the efforts made by the National Native Title Tribunal, particularly in the earlier stages of processing of the application. 19 Finally, I wish to acknowledge the efforts of our Native Title registrar in Queensland, Ms Chris Fewings. Her efforts have also contributed significantly to today's determination. Her family is from this part of the world. Her satisfaction at the outcome rivals that of the Kalkadoon people, themselves.

ORDERS AND DETERMINATION 20 For the purposes of s 94A of the Act I find that the Kalkadoon people are descended from a society of aboriginal people who were in occupation of the land and waters of the determination area at the time of first assertion of British sovereignty. Those people formed a society, united in and by their acknowledgement and observance of traditional laws and customs. Through the observance of these traditional laws and customs, the Kalkadoon people have maintained a connection with the claim area. The proposed orders recognise that the Kalkadoon people, as holders of Native Title in that area, are entitled to the exclusive use and enjoyment of the area identified in schedule 2 of the orders and the non-exclusive use and enjoyment of the area described in schedule 3. The orders recognise, at schedule 6, other interests in the claim area and the relationships of those interests to the Native Title interests. Pursuant to order 12(b) the Kalkadoon Native Title Aboriginal Corporation (ICN7639) is to be the prescribed body corporate for the purposes of s 57(2) of the Act and is to perform the functions set out in s 57(3). I am satisfied that it is within the power of the Court to make the orders sought, and that such orders may properly be made without a full hearing of the application. 21 Mount Isa and its mines are important Queensland icons. The grazing industry here is also very much part of the Queensland story. As the evidence demonstrates, the Kalkadoon have played a significant role in the development of both industries and, as a result, of this city. Indeed, the Kalkadoon people are, themselves, an important part of the same Queensland story. The evidence demonstrates that they were willing to fight to defend their country and culture, just as other peoples have done for thousands of years all over the world. Their efforts to achieve recognition of their traditional ownership have not been unopposed. Very many problems have been overcome in order to permit me to make the orders which I am about to make. The Kalkadoon have borne the adverse consequences of the clash of cultures which inevitably accompanies mass migration, of which the European settlement of Australia is a typical example. The recognition of Kalkadoon traditional ownership of this land goes only a small way towards the recognition of their suffering since 1861. 22 I do not come here today to give anything to the Kalkadoon people. I come on behalf of the Australian people to recognize their traditional ownership of this land in a way which will bind all people and for all time. My order binds the Commonwealth of Australia, the State of Queensland, the Mt Isa City Council and the Boulia, Bourke, Carpentaria, Cloncurry and McKinlay Shire Councils, together with all other people and companies. 23 I now make orders in terms of the draft which I initial and place with the papers. 24 On behalf of all Australians, I congratulate the Kalkadoon people upon this recognition of their traditional rights. Particularly, I congratulate you on behalf of the Judges of this Court and our staff. We all wish you well for the future and express our determination that your contribution to our history, and the price which you have paid for our prosperity, will not be forgotten. We look forward to sharing the future with you. I certify that the preceding twenty-four (24) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Dowsett.