Harrington-Smith on behalf of the Darlot Native Title Claim Group v State of Western Australia

In relation to the Determination Area, there be a determination of native title in WAD 142 of 2018 in the terms of the Determination as provided for in Attachment A. 2. The Watarra Aboriginal Corporation (ICN 9712) shall hold the determined native title in trust for the native title holders pursuant to s 56(2)(b) of the Native Title Act 1993 (Cth). 3. There be no order as to costs. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011. ATTACHMENT A

Existence of native title (section 225 Native Title Act)

1. Subject to paragraph 2, native title exists in the Determination Area in the manner set out in paragraphs 4 and 5 of this determination.
2. Native title does not exist in those parts of the Determination Area set out in Schedule Four.

Native title holders (section 225(a) Native Title Act) 3. The native title in the Determination Area is held by the Native Title Holders as identified in Schedule Seven.

Nature and extent of native title rights and interests and exclusiveness of native title (sections 225(b) and 225(e) Native Title Act)

Exclusive rights and interests 4. Subject to paragraphs 2, 6 and 10, the nature and extent of the native title rights and interests in relation to the Exclusive Area are the right to possession, occupation, use and enjoyment of the Exclusive Area to the exclusion of all others.

Non-exclusive rights and interests 5. Subject to paragraphs 2, 6, 7 and 10, the nature and extent of the native title rights and interests in relation to the Non-Exclusive Area are that they confer non-exclusive rights to: (a) access, traverse, remain in and move about the area; (b) camp and erect shelters on the area; (c) access, use and take for any purpose the resources of the area; (d) hold meetings, participate in cultural activities and conduct ceremonies; (e) maintain and protect places of significance on the area; and (f) receive a portion of any resources (not including minerals or petroleum) taken from the Determination Area by Aboriginal people who are also governed by Western Desert traditional laws and customs.

Qualifications on the native title rights and interests 6. Notwithstanding anything in this determination, the native title rights and interests set out in paragraphs 4 and 5: (a) are subject to and exercisable in accordance with: (i) the traditional laws and customs of the Native Title Holders; and (ii) the laws of the State and the Commonwealth, including the common law; (b) do not confer exclusive rights in relation to water in any watercourse, wetland or underground water source as is defined in the Rights in Water and Irrigation Act 1914 (WA); and (c) do not confer any rights in relation to: (i) minerals as defined in the Mining Act 1904 (WA) (repealed) and in the Mining Act 1978 (WA), except to the extent that ochre is not a mineral pursuant to the Mining Act 1904 (WA); (ii) petroleum as defined in the Petroleum Act 1936 (WA) (repealed) and in the Petroleum and Geothermal Energy Resources Act 1967 (WA); (iii) geothermal energy resources and geothermal energy as defined in the Petroleum and Geothermal Energy Resources Act 1967 (WA); or (iv) water lawfully captured by the holders of the Other Interests pursuant to those Other Interests. 7. The native title rights and interests set out in paragraph 5 do not confer: (a) possession, occupation, use and enjoyment on the Native Title Holders to the exclusion of all others; or (b) a right to control the access to, or use of, the Non-Exclusive Area or its resources.

Areas to which ss 47A or 47B of the Native Title Act apply 8. Sections 47A and 47B of the Native Title Act apply to disregard any prior extinguishment in relation to those parts of the Determination Area identified in Schedule Five.

The nature and extent of any other interests 9. The nature and extent of the Other Interests are described in Schedule Six.

Relationship between native title rights and other interests 10. Except as otherwise provided for by law, the relationship between the native title rights and interests described in paragraphs 4 and 5 and the Other Interests is that: (a) the determination does not affect the validity of those Other Interests; (b) to the extent that any of the Other Interests are inconsistent with the continued existence, enjoyment or exercise of the native title rights and interests, the native title rights and interests continue to exist in their entirety, but the native title rights and interests have no effect in relation to the Other Interests to the extent of the inconsistency during the currency of the Other Interests; and otherwise, (c) the existence and exercise of the native title rights and interests do not prevent the doing of any activity required or permitted to be done by or under the Other Interests, and the Other Interests, and the doing of any activity required or permitted to be done by or under the Other Interests, prevail over the native title rights and interests and any exercise of the native title rights and interests but do not extinguish them.

Definitions and Interpretation 11. In this determination, unless the contrary intention appears: "Determination Area" means the land and waters described in Schedule One and depicted on the maps in Schedule Two; "Exclusive Area" means those lands and waters of the Determination Area described in Schedule Three (which areas are shaded green on the maps in Schedule Two); "Native Title Holders" means the people described in Schedule Seven and referred to in paragraph 3; "Native Title Act" means the Native Title Act 1993 (Cth); "Non-Exclusive Area" means those lands and waters of the Determination Area which are not Exclusive Areas or described in paragraph 2 as an area where native title does not exist (which areas are shaded yellow on the maps in Schedule Two); "Other Interests" means the legal or equitable estates or interests and other rights in relation to the Determination Area described in Schedule Six and referred to in paragraph 9; "resources" means flora, fauna, and other natural resources such as charcoal, stone, soil, sand, clay, gravel, timber, resin and ochre (except, for the avoidance of doubt, ochres for use in the manufacture of porcelain, fine pottery or pigments which are minerals pursuant to the Mining Act 1904 (WA) (repealed)); "Titles Validation Act" means the Titles (Validation) and Native Title (Effect of Past Acts) Act 1995 (WA). 12. In the event of any inconsistency between the written description of an area in Schedule One, Three, Four, Five or Six and the area depicted on the maps in Schedule Two, the written description prevails.

DETERMINATION AREA The Determination Area, generally shown as bordered in blue on the maps in Schedule Two, comprises all land and waters bounded by the following description: All those lands and waters commencing from the easternmost southeastern corner of Reserve 30897 being a point on the present boundary of Native Title Determination WAD225/2018 Kultju (WCD2019/012) and extending easterly, generally southerly, again easterly, northerly and again easterly along the boundaries of that native title determination to the northernmost northeastern corner of Pastoral Lease N049788 (Melrose); Then southerly, generally westerly, again southerly, easterly and again southerly along the boundaries of that pastoral lease to Latitude 27.761726 South; Then easterly to Latitude 27.764411 South, Longitude 121.586366 East; Then northeasterly to the intersection of an eastern boundary of Lot 42 as shown on Deposited Plan 238049 (Pastoral Lease N050400 (Banjawarn)) with a line joining Latitude 27.764411 South, Longitude 121.586366 East and Latitude 27.516293 South, Longitude 122.136746 East; Then southerly, easterly, again southerly, westerly, again southerly, generally southeasterly and generally westerly along the boundaries of that lot to the easternmost northeastern corner of Lot 43 as shown on Deposited Plan 238402 (Pastoral Lease N049822 (Nambi)); Then southerly along the boundary of that lot to the northernmost northeastern corner of Lot 35 as shown on Deposited Plan 238402 (Pastoral Lease N049822 (Nambi)); Then generally southerly along the boundaries of that lot to its southernmost southeastern corner; Then southwesterly to the intersection of a line joining the southernmost southeastern corner of Lot 35 as shown on Deposited Plan 238402 (Pastoral Lease N049822 (Nambi)) to the northern corner of Lot 21 as shown on Deposited Plan 220928 with a line joining Latitude 28.789849 South, Longitude 121.799120 East and Latitude 28.786713 South, Longitude 121.811331 East; Then generally southwesterly through the following coordinate points: LATITUDE (SOUTH) LONGITUDE (EAST) 28.789849 121.799120 28.791172 121.785761 28.793259 121.774973 28.794869 121.765555 28.796576 121.757450 28.798282 121.749344 28.800085 121.742553 28.801791 121.734447 28.804116 121.726942 28.806393 121.718780 28.809144 121.709248 28.811991 121.701029 28.815458 121.693410 28.817635 121.683932 28.820530 121.676369 28.822804 121.668204 28.825175 121.661354 28.828117 121.654446 28.831059 121.647538 28.833903 121.639316 28.837890 121.630981 28.841827 121.621989 28.847382 121.611512 28.852265 121.599776 28.858340 121.588583 28.863589 121.572348 28.870497 121.550964

Then southwesterly to the easternmost northeastern corner of Lot 93 as shown on Deposited Plan 243239 (Reserve 7521); Then southerly along the boundary of that lot to the intersection with the northern boundary of the northern severance of Lot 1 as shown on Deposited Plan 243239 (Reserve 7521); Then easterly and southerly along the boundaries of that severance to its southeastern corner; Then southerly to the northeastern corner of the southern severance of Lot 1 as shown on Deposited Plan 243239 (Reserve 7521); Then southerly and westerly along the boundaries of that severance to the southernmost southeastern corner of Lot 93 as shown on Deposited Plan 243239 (Reserve 7521); Then generally westerly along the boundary of that lot to the intersection with the eastern boundary of the present Malcolm Townsite boundary; Then southerly along that townsite boundary to the northernmost northeastern corner of the easternmost severance of Lot 92 as shown on Deposited Plan 243239 (Reserve 7521); Then southerly, easterly and southwesterly along the boundaries of that severance to its southwestern corner; Then west to a western boundary of the Menzies-Leonora Railway being a point on the present boundary Reserve 7521; Then southwesterly and westerly along the boundaries of that reserve to the intersection with an eastern boundary of Reserve 10096; Then southerly and westerly along the boundaries of that reserve to its southwestern corner; Then southeasterly and northwesterly through the following coordinate points: LATITUDE (SOUTH) (SOUth(SOUTH) LONGITUDE (EAST) 29.003734 121.500580 28.982724 121.386055

Then northwesterly to the intersection of the centreline of the Goldfields Highway with Latitude 28.979523 South; Then generally southerly and generally southwesterly along the centreline of that highway to the intersection with the northern boundary of the eastern severance of the Menzies Townsite boundary; Then westerly, southerly, southeasterly, generally southwesterly, generally southeasterly and generally northeasterly along that townsite boundary to the intersection with the centreline of the Goldfields Highway at approximate Latitude 29.703175 South; Then generally southeasterly along the centreline of that highway to the intersection with a line joining Latitude 29.748470 South, Longitude 121.194443 East and Latitude 29.749000 South, Longitude 121.055613 East; Then westerly to Latitude 29.749000 South, Longitude 121.055613 East; Then westerly to the intersection of Longitude 121.044594 East with a line joining Latitude 29.757126 South, Longitude 120.634704 East and Latitude 29.749000 South, Longitude 121.055613 East; Then northwesterly to the southernmost corner of western severance of the Menzies Townsite boundary; Then northwesterly along that townsite boundary to its westernmost corner; Then northwesterly to the intersection of a southern boundary of Dedicated Road No. 1100 (Evanston-Menzies Road) with Longitude 121.012125 East; Then southwesterly along the southern boundary of that dedicated road to the intersection with the prolongation southerly of the western boundary of Lot 45 as shown on Deposited Plan 220928 (Pastoral Lease N050241 (Melita)); Then northerly along that prolongation and the western boundary of that lot to the southwestern corner of Lot 51 as shown on Deposited Plan 220520 (Pastoral Lease N050635 (Sturt Meadows)); Then northerly along the boundary of that lot to the southernmost southwestern corner of Lot 61 as shown on Deposited Plan 220520 (Pastoral Lease N050635 (Sturt Meadows)); Then northerly, westerly and again northerly along the boundaries of that lot to its northernmost northwestern corner; Then northwesterly to the southernmost southwestern corner of the southwestern severance of Pastoral Lease N049440 (Weebo); Then northerly, generally westerly and again northerly along the boundaries of that severance to the westernmost southwestern corner of Lot 176 as shown on Deposited Plan 36232 (Reserve 9699); Then northerly along the boundary of that lot to the intersection with a western boundary of Pastoral Lease N049440 (Weebo); Then northerly, easterly and again northerly along the boundaries of that pastoral lease to Latitude 28.079015 South; Then northeasterly through the following coordinate points: LATITUDE (SOUTH) LONGITUDE (EAST) 28.043090 120.856286 28.027811 120.881008 28.006950 120.925175 28.004532 120.938648 28.003504 120.952592 27.999948 120.968397 27.998672 120.983311

Then westerly to the intersection of an eastern boundary of Pastoral Lease N049438 (Leinster Downs) with Latitude 27.998672 South being a point on the present boundary of Native Title Determination WAD228/2011 Tjiwarl (WCD2017/001); Then generally northerly and easterly along the boundaries of that native title determination back to the commencement point. Note: Geographic Coordinates provided in Decimal Degrees. All referenced Deposited Plans and Diagrams are held by the Western Australian Land Information Authority, trading as Landgate. Cadastral boundaries sourced from Landgate's Spatial Cadastral Database dated 1st November 2021. Goldfields Highway Centreline sourced from Landgate's Road Centreline dataset. For the avoidance of doubt the determination excludes any land and waters subject to: Native Title Determination Application WAD225/2018 Kultju (WCD2019/012) as Determined in the Federal Court on the 30/10/2019. Native Title Determination Application WAD228/2011 Tjiwarl (WCD2017/001) as Determined in the Federal Court on the 27/04/2017. Native Title Determination Application WAD597/2018 Tjalkadjara (WC2018/025) as filed in Federal Court on the 17/12/2018. Native Title Determination Application WAD91/2019 Nyalpa Pirniku (WC2019/002) as accepted for registration on the 15/05/2019. Native Title Determination Application WAD186/2017 Maduwongga (WC2017/001) as accepted for registration on the 03/08/2017. Datum: Geocentric Datum of Australia 2020 (GDA2020) Prepared By: Graphic Services (Landgate) 15th December 2021

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.

Areas where native title comprises the rights set out in paragraph 4 Native title comprises the rights and interests set out in paragraph 4 of the determination in relation to the following areas (which are shaded green on the maps in Schedule Two):

1. Areas where s 47A of the NTA applies: Interest Description / Purpose Reserve 10575 Use and Benefit of Aboriginal People and Cultural Heritage Protection Reserve 11119 Use and Benefit of Aboriginal Inhabitants Reserve 24481 Use and Benefit of Aboriginal Inhabitants Reserve 30127 Native Housing Reserve 30896 Use and Benefit of Aborigines Reserve 34913 Aborigines Community Centre and Short Stay Accommodation Reserve 35509 Use and Benefit of Aboriginal Inhabitants Reserve 41510 Use and Benefit of Aboriginal Inhabitants

Areas where s 47B of the NTA applies: MapInfo ID. Description Exclusions UCL 0082 That portion of UCL 0082 (Lake Ballard) that falls within the Determination Area UCL 0103 10 Mile Outcamp UCL 1244 UCL between Menzies and Lake Ballard UCL 0043, UCL 0067- UCL0074, UCL 0083, UCL 0105, UCL 0696- UCL 0882, UCL 1144- UCL1146, UCL 1179, UCL 1189 UCL in and around the Historic Townsite of Malcolm Part covered by mining lease M37/1164 as at 10 April 2018 UCL 1141 UCL east of Reserve 11119 in the town of Leonora

Paragraph 2 Native title does not exist in relation to land and waters the subject of the following interests within the Determination Area which, with the exception of public works (as described in clause 8 of this Schedule), are generally shaded in pink on the maps in Schedule Two. For the avoidance of doubt, unless otherwise specified, the following interests are as contained in the MapInfo Tenure Information prepared by the Western Australian Land Information Authority dated 21 January 2021.

1. Freeholds The following grants of estates in fee simple: Current Freehold Certificate of Title CT0004500029A CT001820002 CT0022500009 CT0023700121 CT0023700123 CT0026600163 CT0038300093A CT0041500089 CT0041900049 CT0042100090 CT0042100091 CT0042100092 CT0042100159A CT0042100167 CT0043700098 CT0043700099 CT0043900037 CT0044000199A CT0045600017 CT0045900133 CT0046700099 CT0047300040 CT0047400003A CT0050300153A CT0050300154A CT0051700010A CT0054300099 CT0055300196A CT0056200051 CT0057000021A CT0057000024A CT0057000025A CT0057000026A CT0061400038 CT0064900031 CT0067400056 CT0073900117 CT0096600188 CT0100600746 CT0101200616 CT0106400376 CT0106500340 CT0107600509 CT0107700995 CT0108100738 CT0108500515 CT0108600132 CT0109400834 CT0110200596 CT0110600005 CT0111200860 CT0116600598 CT0118100776 CT0122200402 CT0123100998 CT0124000945 CT0132400383 CT0133000155 CT0133300047 CT0133700807 CT0134900209 CT0137200190 CT0137200191 CT0137200192 CT0137300398 CT0137300399 CT0138300365 CT0138300366 CT0138300376 CT0138300378 CT0139400850 CT0139400851 CT0140300374 CT0140300375 CT0140300376 CT0140300377 CT0141700838 CT0141700839 CT0142800638 CT0143600080 CT0143800545 CT0145300126 CT0152000400 CT0154800308 CT0154800310 CT0155500098 CT0155700587 CT0156400210 CT0157000124 CT0157000125 CT0157000151 CT0157000158 CT0157100593 CT0157600399 CT0158400063 CT0159400721 CT0159900891 CT0160200004 CT0160200033 CT0160400316 CT0161700693 CT0161900373 CT0162100048 CT0163600992 CT0164300932 CT0164600386 CT0165000514 CT0165100983 CT0165400214 CT0165400266 CT0166400359 CT0166700940 CT0166700941 CT0167600095 CT0167600097 CT0167800464 CT0167800805 CT0167900004 CT0168900698 CT0169100442 CT0169300298 CT0169900103 CT0170500066 CT0170600172 CT0170600336 CT0170600337 CT0171000107 CT0171000116 CT0171900994 CT0171900995 CT0171900996 CT0172700325 CT0172700997 CT0173500459 CT0174000182 CT0174000264 CT0174600529 CT0175200988 CT0175400159 CT0175400160 CT0175400161 CT0175500103 CT0176200837 CT0176500595 CT0176500660 CT0176500661 CT0176800787 CT0176800788 CT0177400719 CT0177700952 CT0178300911 CT0178300912 CT0178300965 CT0178400098 CT0178400544 CT0178600117 CT0178800124 CT0179600234 CT0179800481 CT0180100794 CT0180100796 CT0180100797 CT0180600435 CT0180600876 CT0180600918 CT0180900096 CT0180900097 CT0181300645 CT0181500765 CT0182500175 CT0182500176 CT0182700697 CT0183100344 CT0183400020 CT0183400021 CT0183700537 CT0184000516 CT0184000517 CT0184100204 CT0184800151 CT0185000514 CT0185000536 CT0185000570 CT0185100674 CT0186200349 CT0186300897 CT0186500195 CT0186500336 CT0186800037 CT0186900608 CT0187300563 CT0188000628 CT0188000631 CT0188100918 CT0188100919 CT0188100921 CT0188400348 CT0188500284 CT0188700642 CT0188800461 CT0188800462 CT0189100061 CT0189400934 CT0189400942 CT0189900506 CT0189900507 CT0189900508 CT0189900509 CT0189900510 CT0189900511 CT0189900512 CT0189900513 CT0189900514 CT0189900515 CT0189900516 CT0190400342 CT0190900095 CT0190900096 CT0191100272 CT0191100282 CT0192000353 CT0192000354 CT0192000355 CT0192000356 CT0192000357 CT0192100292 CT0192800106 CT0192800197 CT0193300144 CT0193300788 CT0193600341 CT0193700758 CT0194400281 CT0194500218 CT0194800667 CT0195200197 CT0195200198 CT0195200948 CT0195200949 CT0195900285 CT0196000108 CT0196100080 CT0196300004 CT0197600125 CT0197600126 CT0199300357 CT0199500718 CT0199700745 CT0200100100 CT0200500816 CT0201600286 CT0201600287 CT0201800369 CT0203600359 CT0203600360 CT0204000891 CT0205000824 CT0205900375 CT0206000738 CT0208000601 CT0208800998 CT0209200700 CT0209500002 CT0209500781 CT0209800004 CT0210000039 CT0210300120 CT0210400233 CT0210400247 CT0210800160 CT0210800161 CT0210800162 CT0211100603 CT0212500542 CT0212500543 CT0212800372 CT0213200023 CT0213200024 CT0213700346 CT0213700347 CT0214100488 CT0214200099 CT0214700366 CT0214900259 CT0215700059 CT0217000768 CT0217800213 CT0218200350 CT0218800396 CT0219700127 CT0220200306 CT0220200345 CT0220700789 CT0220700797 CT0221000217 CT0221800598 CT0221800599 CT0221800600 CT0221800608 CT0222000731 CT0222000732 CT0222000733 CT0222000734 CT0222000735 CT0222000736 CT0222000737 CT0222000738 CT0222000739 CT0222000740 CT0222000741 CT0222000742 CT0222000743 CT0222000744 CT0222000745 CT0222000746 CT0222000747 CT0253600574 CT0253600575 CT0256400923 CT0258500891 CT0258500892 CT0265500639 CT0265500640 CT0267100999 CT0267400650 CT0267400651 CT0267400652 CT0267400653 CT0267600104 CT0267600111 CT0268700617 CT0271200318 CT0271200396 CT0274100756 CT0274100757 CT0274500010 CT0274500011 CT0274600167 CT0274600546 CT0274600547 CT0274600555 CT0274600556 CT0274600557 CT0274600564 CT0274800767 CT0275800271 CT0275800272 CT0277300648 CT0277300649 CT0277400059 CT0277400060 CT0277400061 CT0277400062 CT0277400063 CT0277400064 CT0277400065 CT0277400066 CT0277400067 CT0277400068 CT0277400069 CT0277400070 CT0277400071 CT0277400072 CT0279400173 CT0281200328 CT0283700584 CT0286300899 CT0288400788 CT0291800983 S032298 S032461 S053320

Historical Freehold Certificate of Title CT0011900122 CT0011900124 CT0011900125 CT0011900126 CT0011900194 CT0011900197 CT0012100086 CT0012100087 CT0012100102 CT0012100103 CT0012100104 CT0012100105 CT0012100106 CT0012100107 CT0012100108 CT0012100109 CT0012100110 CT0012100111 CT0012100112 CT0012100113 CT0012100114 CT0012100119 CT0012200153 CT0012200154 CT0012200163 CT0012300194 CT0012300195 CT0012400189 CT0012400190 CT0012500081 CT0012700036 CT0012700049 CT0012700088 CT0012700100 CT0012700160 CT0012700161 CT0016700041 CT0016700136 CT0016700179 CT0017000038 CT0017300099 CT0017600115 CT0017600156 CT0017900063 CT0018200002 - subject to current lease K087989 CT0018200003 CT0018200040 CT0018200095 CT0018200120 CT0018200146 CT0018200189 CT0018600062 CT0018600063 CT0018600123 CT0018600154 CT0019200110 CT0019200142 CT0019600124 CT0019600175 CT0019600176 CT0019600191 CT0019900192 CT0020300180 CT0020300184 CT0020300193 CT0020600005 CT0020700195 CT0020800106 CT0020800127 CT0020800128 CT0020800129 CT0020800130 CT0020900094 CT0020900095 CT0020900096 CT0020900097 CT0021000065 CT0021000066 CT0021000067 CT0021000068 CT0021000069 CT0021000070 CT0021000071 CT0021300120 CT0021300129 CT0021400102 CT0021400103 CT0021400104 CT0021400105 CT0021500025 CT0021500026 CT0021600002 CT0021600003 CT0021600004 CT0022200108 CT0022200109 CT0022200110 CT0022200111 CT0022300010 CT0022300123 CT0022300124 CT0022600043 CT0022700019 CT0022800027 CT0022900059 CT0023100064 CT0023100065 CT0023100108 CT0023300188 CT0023400166 CT0023600027 CT0023800035 CT0023900068 CT0024000195 CT0024000196 CT0024000197 CT0024100097 CT0024100098 CT0024300130 CT0024600026 CT0024600027 CT0024800055 CT0024800056 CT0024900001 CT0024900002 CT0025200079 CT0025200080 CT0025200147 CT0025300155 CT0025500116 CT0025600033 CT0025700151 CT0025800065 CT0025800066 CT0025800067 CT0026000158 CT0026200100 CT0026200101 CT0026300002 CT0026300182 CT0026300183 CT0026300191 CT0026600091 CT0026600168 CT0026700145 CT0026800031 CT0026900084 CT0026900086 CT0026900087 CT0027000029 CT0028100141 CT0028900117 CT0028900118 CT0028900119 CT0029000012 CT0029700150 CT0299199199 CT0031700174 CT0032800032 CT0034400174 CT0034900051 CT0036300004 CT0036400114 CT0037200148 CT0039200178 CT0039200179 CT0040300125 CT0040500126 CT0040500139 CT0041200170 CT0041600163 CT0041700137 CT0041800035 CT0041800036 CT0042100089 CT0042100093 CT0042100164 CT0042300034 CT0042400126 CT0042700148 CT0043500005 CT0043700097 CT0043800044 CT0043900141 CT0043900144 CT0043900155 CT0044100137 CT0044500162 CT0045500005 CT0045600084 CT0046000037 CT0046600036 CT0047800028 CT0047800029 CT0048800084 CT0049700129 CT0050000086 CT0050600035 CT0050700058 CT0051400015 CT0051800011 CT0052200140 CT0054400137 CT0061400036 CT0064600142 CT0068100024 CT0068700099 CT0069100066 CT0091500178 CT0110500936 CT0123800942 CT0129600663 CT0135700303 CT0136200070 CT0270800445 CT0270800446 CT0270800447 CT0270800448 CT0299100199 GT0001700357 SR0000100691

2. Reserves The following reserves: Reserve No. Current / Last Purpose 3383 Water 3384 Water 4378 Recreation (Cancelled) 4619 Water 4944 Recreation 4989 Mechanics Institute 5213 Water 6504 Water 6721 School Education Act 1999 6784 Explosives 7030 Water 7059 Water Act 57 Vic No 20 7112 Water Act 57 Vic No 20 7224 Common (Cancelled) 7524 Hospital and Allied Station 7564 Water Act 57 Vic No 20 7746 Fire Brigade Station (Cancelled) 7794 Rifle Range (Cancelled) 8193 Water and Municipal (Cancelled) 8328 Water (Cancelled) 8723 Rifle Range Gwalia Rifle Club (Cancelled) 8946 Recreation and Water 9127 Explosives (Cancelled) 9681 Water 10026 Preservation of Historic Buildings 10219 Rubbish Depot (Cancelled) 10245 Camping Ground for Asiatics (Cancelled) 10867 Water Supply 11267 Water Supply 11723 State Battery 11578 Municipal Tramways (Cancelled) 12087 Literary Institute (Cancelled) 16684 Sanitary Site (Cancelled) 17140 Water 17302 Water 17658 Resting Place for Travellers and Stock (Cancelled) 17899 Water and Camping 19701 Recreation (Cancelled) 20018 Government Requirements (Cancelled) 20476 Common 21268 Water (Cancelled) 21301 Recreation Hockey (Cancelled) 21536 Recreation (Cancelled) 22194 Explosives 23114 Children's playground (Cancelled) 23752 Racecourse 23925 Public Utility (Cancelled) 23926 Public Utility (Cancelled) 24145 Mineral Processing 25444 Recreation Golf Club House and Tennis Courts (Cancelled) 25802 Preservation of Historic Buildings 25852 Recreation 25897 Native Housing 28602 Caravan Park (Cancelled) 28826 Use and Requirement of Shire of Leonora 30726 Housing Native Welfare Department 31025 Water Supply 31803 Police (Cancelled) 31222 For the Purpose of the School Education Act 1999 31803 Police 32544 Recreation Gun Club 32799 Water Supply Depot 33509 Recreation (Cancelled) 33510 Drainage 33934 Community Health Services 34102 Power Station Site (Cancelled) 35047 Preservation of Historical Buildings 35852 Recreation and Drainage - part extinguished other than portion covered by Leonora Golf Course 36313 Water Supply 36034 Railway Purposes 36509 Telecommunications Microwave and Broadcast Services Site 37087 Mineral Processing 37672 Tourist Centre (Cancelled) 37961 Depot Site 38394 Quarry Main Roads Department 38422 Depot Site Main Roads Department 38442 Water Supply 38928 Water Supply 38978 Depot Site 39005 Telecommunications 39607 Drainage 40502 Sanitary Site - part extinguished other than portion now UCL 1174 (Cancelled) 41577 Sewage Pumping Station 41609 Rubbish Disposal Site 41895 Ambulance Depot 41956 Sewage Treatment Plant 42061 Recreation 42233 Tourist Information Bay 42235 Public Utilities Services 42310 Repeater Station Site 42827 Waste Water Treatment Plant 42840 Repeater Station Site 44116 Repeater Station Site 44262 Parking 44500 Public Utility Services 44630 Health (Multi-Purpose Health Centre) 45374 Drainage and Public Utility 46874 Recreation 47335 Use and Requirements of the Shire of Leonora (Cancelled) 47340 Rifle Range 51016 Public Recreation 51017 Public Recreation

Leases The following leases: Lease No. Current / Last Purpose General Leases GE H266487 Light Industry GE H745671 Single Men's Quarters GE H755165 Office and Employee Accommodation GE H838382 Single Persons Quarters GE H859922 Residence GE I115133 Truck Parking GE I126341 Grazing GE I126366 Residence and Cultivation and Grazing GE I126873 Grazing GE I126880 Residence, Grazing and Uses Ancillary to the Mining Industry GE I131296 Temporary Staff Quarters GE I131318 Staff Quarters GE I134837 Residence GE I135162 Light Industry GE I154262 Single Men's Quarters GE I258343 Grazing GE I478683 GE I595862 GE I774197 Single Men's Quarters Leases 1125/41A Grazing 1256/41A Pastoral Purposes 0392/42 Hall Site 0503/42 Rifle Range 332/1015 Grazing - subject to current lease N477321 332/1219 State Hotel 332/1232 Grazing 332/1284 Pastoral Purposes 332/1697 Grazing 332/1698 Grazing 332/1724 Grazing - subject to current lease N622312 332/1771 Grazing 332/1802 Grazing - subject to current lease N199620 332/1910 Grazing 332/2009 Grazing - subject to current lease M106297 332/2152 Grazing 332/2170 Grazing - subject to current reserve lease N434164 333/0443 Hotel 333/0570 Race Course GE I126330 See lease 332/1771 above GE I135159 See lease 332/2170 above GE I150603 See lease 332/2152 above GE K410680 Relates to current lease M106297 still being reviewed GE N104719 GE N147663 Leases of a Town or a Suburban Lot 3117/0410 3117/0411 3117/0676 3117/0804 3117/0805 3117/0952 Subject to current lease J864438 3117/1382 3117/1384 Subject to current lease O152872 3117/2084 3117/2140 3117/2259 3117/2294 3117/2443 3117/2474 3117/2532 3117/2533 3117/2534 3117/2581 3117/2633 3117/2634 3117/2657 3117/2680 3117/2681 3117/2739 3117/2776 Subject to current lease N105296 3117/2777 3117/2822 Subject to current lease N641043 3117/2886 3117/2887 3117/2995 3117/2996 3117/3203 3117/3204 Subject to current lease N105607 3117/3294 3117/3295 3117/3296 3117/3297 3117/3298 3117/3312 3117/3321 3117/3341 3117/3384 1301/153 1302/153 1635/153 1643/153 1648/153 2253/153 2264/153 2320/153 2355/153 2463/153 2464/153 Subject to current lease N104090 2570/153 2832/153 2902/153 2922/153 2947/153 2964/153 2971/153 3067/153 3119/153 3319/153 3402/153 3647/153 3843/153 3888/153 4421/153 5034/153 5044/153 5067/153 Subject to current lease O152874 5293/153 5334/153 5375/153 5402/153 5554/153 5763/153 5845/153 5986/153 6012/153 6119/153 6120/153 6224/153 6225/153 6226/153 Subject to current lease I600530 6298/153 Subject to current lease N105475 6299/153 6301/153 6302/153 6303/153 6304/153 6305/153 6307/153 6310/153 6313/153 6315/153 6316/153 6318/153 6319/153 6320/153 6321/153 6322/153 6323/153 6326/153 6327/153 Subject to current lease N313605 6329/153 6336/153 6337/153 6338/153 6339/153 6340/153 6342/153 6351/153 6352/153 6353/153 6368/153 6369/153 Subject to current lease N105482 6370/153 6384/153 6393/153 6408/153 6419/153 6438/153 Subject to current Lease M633241 6460/153 6462/153 6465/153 6569/153 6594/153 6600/153 6602/153 6603/153 6604/153 6726/153 6771/153 Residential Areas 21/3015 21/3016 21/3017 21/3018 21/3019 21/3021 21/3025 21/3027 21/3140 21/3344 21/3345 21/3346 21/3347 21/3348 21/3350 21/3351 21/3352 21/3353 21/3354 21/3355 21/3356 21/3357 21/3358 21/3359 21/3360 21/3361 21/3362 21/3363 21/3364 21/3365 21/3437 21/3518 21/4070 21/4071 21/4117 21/4127 21/4181 21/4195 21/4248 21/4276 21/4294 21/4298 21/4390 21/4392 21/4410 21/4465 21/4563 Residential Leases 0001/22 0412/22 0418/22 0431/22 0525/22 0596/22 Special Leases 0539/152 Explosives Magazine Site 1374/152 Residence 3116/00558 Residence 3116/01179 Residence 3116/02460 Business Purposes 3116/02660 Site for a Drive-in-Theatre 3116/02764 A Site for a Store 3116/03152 Grazing 3116/04497 Office and Employee Accommodation 3116/04645 Residence 3116/04649 Vehicle Parking and Storage 3116/04703 Residence 3116/04704 Business and Residence - subject to current lease M846238 3116/04705 Business and Residence 3116/06641 Residence 3116/07606 Townsite 3116/07607 Air Strip 3116/07763 Office and Employee Accommodation - subject to current lease L247876 3116/07868 Business and Residence (Leonora Lot 936) 3116/07886 Business and Residence (Leonora Lot 1128) - subject to Reserve 46751 3116/07892 Residence - subject to current lease N565175 3116/07957 Residence 3116/07964 Residence 3116/08431 Grazing - subject to current lease M190035 3116/08695 Single Men's Quarters 3116/08801 Parking of Machinery - subject to current lease K810873 3116/08836 Light Industry - subject to current lease J500183 3116/09019 Single Persons Quarters - subject to current lease L247868 3116/09138 Light Industry - subject to current lease K035921 3116/09141 Light Industry - subject to current lease J536931 3116/09496 Temporary Staff Quarters 3116/09497 Staff Quarters - subject to current lease K366467 3116/09615 Temporary Staff Quarters - subject to current lease K366461 3116/09645 Single Men's Quarters - subject to current lease N539083 3116/10053 Garden Area - subject to current lease K818935 3116/10128 Single Men's Quarters 3116/10323 Light Industry 3116/10350 Use and Benefit of Aboriginal Inhabitants - subject to current lease I126343 3116/10360 Single Persons Quarters 3116/10360 Single Persons Quarters 3116/10417 Residence and Cultivation and Grazing - subject to current lease L565568 3116/10531 Office and Employee Accommodation 3116/10543 Market Garden - subject to current lease N253521 3116/10567 Business and Residence (Leonora Lot 1127) - subject to current Reserve 46751 3116/10609 Truck Depot - subject to current lease L779537 3116/10612 Residence, Grazing and Uses Ancillary to the Mining Industry - subject to current lease I126880 3116/10680 Truck Parking 3116/10810 Grazing - Subject to current lease M290469 3116/11225 Single Men's Quarters - subject to current lease L247869 3116/11604 Light Industry - Subject to current lease I134640 3116/11605 Light Industry - subject to current lease I134645

Roads The following dedicated roads, roads set aside, taken or resumed or roads which are to be considered public works (as that expression is defined in the Native Title Act and the Titles Validation Act): MapInfo ID. Description Shown on1 Road 2 Roads within Reserve 41510 Leonora DP218179 Road 3 Yundagga Historical Townsite Roads CPP505373 Road 4 Darlot Road to Woodarra Historical Townsite DP243053_2 Road 5 Portion of Trump Street Leonora (now closed) DP222750 Road 6 Gwalia Street and lane between Gwalia Street and Tower Street Leonora DP120071 Road 7 Leonora-Mt Ida Road entering Leonora DP217783 Road 8 Malcolm Townsite Roads CPP504661 Road 9 Leonora to Mt Ida Road through Sturt Meadows and Clover Downs DP243244 Road 10 Northern end of Gwalia, Hoover and Queen Victoria Street in Leonora DP222760 Road 11 Road Widening - Tower Street - Leonora DP211433 Road 12 Braemore Road DP217480 Road 13 Road no. 1899 from Burt Street Mertondale to Gem Street Malcolm GG07101904p2592 Road 14 Road No. 1318 from Malcolm to Yundamindera (small part of road east of Malcolm Townsite) GG07111902p4248 Road 15 Road No. 912 extending south from Malcolm townsite GG20101899p3419 Road 16 Closed portion of Otterburn Street near intersection with Forrest Street and lane between Otterburn and Tower Street, Leonora DP185800 Road 17 Road No. 947 - Menzies-Leonora Road GG24051968p1554 Road 18 Tower Street Leonora to Lots 932, 933, 934 and 935 DP213525 Road 19 Road No. 9210 - road linking Kane Street and Station Street, Leonora GG28071933p1108 Road 20 Portion of Tower Street, Otterburn Street and Breen Street, St Leonora DP162411 Road 21 Portion of Otterburn Street and lane between Otterburn and Tower Street DP160649 Road 22 Grid Tower, Gwalia and Hoover Streets intersected by Barton, Coronation and Atwater Streets in Leonora DP222754 Road 23 Portion of King Edward Street and Queen Victoria Street in Leonora DP106056 Road 24 Portion of Railway Street, Ferry Street and Otterburn Street and eastern portion of Coronation Street Leonora Leonora_Sheet_4. Road 25 Western portion of Snell, Federation and Barton Street Leonora intersecting Tower Street in Leonora DP222753 Road 26 Eastern portion of Snell, Federation and Barton streets intersecting King Edward Street in Leonora DP222751 Road 27 Road widening of Leonora to Mt Ida Road DP219606 Road 28 Wonganoo Road from Woodarra Historical Townsite DP243053 Road 29 Road widening of Menzies-Leonora Road along western [portion of Reserve 42061 DP190413 Road 30 Northern portion of Court Street Leonora Leonora_Sheet_2 Road 31 Southern portion of Court Street all of Semken Street and portions of Hall and Otterburn Street in Leonora DP222758 Road 32 Northern portion of Otterburn Street and laneway between Otterbburn and Tower Street DP135090 Road 33 Leonora Road ex lots 884 and 894 DP185770 Road 34 Western end of Sadie Canning Drive in Leonora Leonora_Sheet_3 Road 35 Portion of Kurrajong Street in Leonora intersection Rajah and Rochester Streets CF43_2_18.04 Road 36 Westward extension of Rajah Street in Leonora DP127069 Road 37 Portion of Avard, Cohen and Liverman Streets and laneways between in Leonora DP222759 Road 38 Bell Court, Fitzgerald Drive, Cleland Court and Walton Street in Leonora DP217715 Road 39 Portion of Stuart Street and laneway between Stuart Street and Rochester Street also northern portion of Hall Street and northern portion of Tower Street DP211971 Road 40 Western portion of Rochester Street DP175640 Road 41 Eastern portion of Rochester Street DP222752 Road 42 Excision of Lot 991 on Rochester Street DP186323 Road 43 Road No. 16313 between Reserve 31025 and Reserve 10867 in Leonora GG21121979p3933 Road 44 Woodarra Historical Townsite Roads CPP505298 Road 45 Road No. 18601 - northern portion of King Street in Woodarra Histroical Townsite GG26101993p5822 Road 46 Road No. 1444 - Leonora to Kurrajong Road (Leonora - Wiluna Road) GG07111902p4248_2 Road 47 Historical Townsite of Kurrajong Roads DP222733 Road 48 Road No. 949 - Niagara to Menzies Road GG27101899p3515 Road 49 Mertondale Historical Townsite Roads CPP504725 Road 50 Road No. 1316 - Leonora to Mertondale Road GG24011903p337 Road 51 Road No. 1100 - Portion of Menzies to Mulline Road GG31081900p3193 Road 52 Portion of Tower Street and adjacent right of ways bounded by Avard Street to South and Rochester street to north in Leonora DP127007 Road 53 Rights of way between Liverman Street and Cohen Street in Leonora DP135089 Road 55 Road No 947 - Road widening within Melita Station between Menzies and Leonora GG08041971p1111 Road 56 Road No. 10041- Mt Morgans to Mertondale Pastoral Lease Road GG19041940p562 Road 57 Road No. 2952 - Menzies to Lake Ballard Road GG13031908p765 Road 67 Road No. 1049 - Portion of Menzies to Wangine Soak Road GG11051900p1605 Road 68 Road No. 1444 - Leonora to Kurrajong townsite realignment DP104822 Road 69 Portion of Yundagga Historical Townsite to Menzies Road DP35571 Road 70 Eastern portion of Sadie Canning Drive in Leonora DP185463 Road 71 Battery Place in Leonora DP63278 Road 72 Road widenings Kurrajong Street in Leonora DP63278 Road 73 Cayzer Street in Leonora DP63277 Road 75 Portion of Leonora to Wiluna Road intersected by G.G.T Pipeline DP217664 Road 110 Road Kurrajong Street Leonora - Taking Order I621535 - Lot 1353 on Deposited Plan 30929 DP30929 Road 113 Road No. 15587 - small portion of road extending north east from Malcolm townsite before exiting claim area GG21011977p106 Road 114 Road No. 947 deviation of part GG31101924p2037_2 Road 115 Road No. 947 - Menzies to Leonora GG27101899p3516 Road 116 Road No. 16191(Old Laverton Road) Leonora to Malcolm GG30031979p881 Road 117 Road No. 976 - (Old Laverton Road) Leonora to Malcolm GG19011900p192 Road 118 Leonora - Nambi Road DP216265 Road 119 Road No. 16314 - Resumption of portion of Reserve 31025 in Leonora GG21121979p3933_2 Road 120 Widening of Road 1444 GG21121979p3933_3 Road 121 Memorial Drive Leonora DP219408 Road 122 Yundagga to Menzies Road DP217649 2 Road 124 Resurvey Lot 119 corner of Rochester and Otterburn Street, Leonora DP187466 Road 125 Resurvey Lot 73 corner of Rajah and Otterburn Street, Leonora DP187465 Road 126 Portion of Forrest Street Lots 946-953 and resurvey of Lot 950, Leonora DP212116 Road 127 Resurvey of Lot 724 corner of Rochester and Tower Street, Leonora DP175022 Road 128 Resurvey of Lot 91 corner of Rajah and Otterburn Street, Leonora DP180534 Road 129 Road widening Kurrajong Street ex lots 1105 and 1106, Leonora DP189778 Road 130 Road No. 14699 (Gwalia Street extension) resumption of part Lot 56, Leonora GG14091972p3455 Road 131 Road Truncation - Bell Court - Resumption of portion of Lot 759, Leonora GG19101993p5759 Road 132 Widening Tower Street - resumption of part Lot 997, Leonora DP186578 Road 133 Resumption of part Lot 462 - corner Queen Street and Rochester Street, Leonora DP175895 Road 134 Road No. 15473 (Hall Street) - resumption of reserve 6723 and 3279, Leonora GG24101975p3960 Road 135 Resumption of part lot 83 corner of Hall Street and Rajah Street, Leonora DP181801 Road 136 Resumption of part lot 1123 corner of Hall Street and Rajah Street, Leonora DP188617 Road 137 Widening of Steel Street, Leonora DP189900 Road 138 Resumption of part lot 956 corner of Tower Street, Leonora DP181312 Road 139 Grid of streets bounded in North by Loring Street and South by Kane Street including southern end of Manning, Tower and Gwalia Streets DP222756 Road 140 Portion of Tower Street, Ferry Street and Johnston Street, Leonora DP144234 Road 141 Laneway between Station and Manning Streets, Leonora DP159355 Road 142 Right of way between Hall Street and Otterburn Street, Leonora DP186849 Road 143 Resumption of part of Lot 48 corner of Rajah and Otterburn Streets, Leonora D64811 Road 144 Road No. 867 - Woodarra Townsite to Old Coolgardie Road GG15091899p2961 Road 145 Road Widening ex vacant crown land - Tower Street, Leonora DP190102 Road 146 Resumption part lot 1126 - corner Otterburn Street, Leonora DP188631 Road 147 Townsite Streets - Menzies western part of town CPP504722

Historical Roads MapInfo ID. Description Shown on2 Road 01 Closed roads eastern end of Malcolm Townsite CPP504661_2 Road 02 Closed road western end of Stuart Street, Leonora DP127007_2 Road 03 Road along southern and eastern boundary of Reserve 10307, Leonora DP127069_2 Road 04 Closed western portion of Trump Street and right of way between Trump and Rajah Street to west of Hall Street, Leonora - This location subject to current lease H688699. DP135004 Road 05 Station Street between lots 602 and 473, Leonora DP144148 Road 06 Closed portion of R.O.W on western boundary of Lot 703, Leonora DP174989 Road 07 Small resumption of north-eastern boundary of Lot 139 Hoover Street, Leonora DP175512 Road 08 Closed Road off Tower Street, Leonora DP175640_2 Road 09 Portion of Hoover Street bounded by Stuart street to south and Rochester street to north, Leonora DP211971_2 Road 10 Expansion road for lots 1276-1293 within Reserve 41510, Leonora DP218180 Road 12 Road closure western end of Trump Street where it meets Halls Street including north-wester corner of Reserve 6723 DP222750 Road 13 Closure eastern half of R.O.W between Tower and Otterburn streets bounded by Trump street to north and Rochester street to south, Leonora DP222750_2 Road 14 Western portion of R.O.W referred to above as Road 13 DP222750_3 Road 15 Closed portion of eastern end of Rajah Street where it meets King Edward Street, Leonora DP222752_2 Road 16 Closed southern portion of Gwalia Street, Leonora DP222756_2 Road 17 Closed southern portion of Loring Street, Leonora DP222759_2 Road 18 Closed southern portion of R.O.W between Manning and Tower Street, Leonora GG01091989p3028 Road 19 Creation of Leonora - Mt Ida Road, Race Course Road and Biggs Avenue as public roads and deviation of Rajah Street - subject to Resumption 1 (906914) GG01101996p5095_2 Road 20 Whole of Liverman Street along the southern boundaries of lots 794 to 800 and 802 GG03081990p3705 Road 21 Closure of portions of Old Laverton Road and Queen Street GG13091991p4784 Road 22 Road No. 976 - from Hall Street, Leonora to Star Street, Malcolm GG19011900p192_2 Road 23 Road closure - portion of Rajah Street and Queen Victoria Street, Leonora GG19011990p216 Road 24 Whole of surveyed road along the southern boundary of Leonora lots 945 and 940, Leonora GG20061980p1816 Road 25 Whole of surveyed way along southeastern boundaries of Lots 760-767 from the southern side of Stuart Street to the northern side of Avard Street, Leonora GG22061990p3043 Road 26 Whole of partly surveyed road along the southeastern boundary of Lot 776 from the northern side of Cohen Street to the southern side of Avard Street, Leonora GG22061990p3043_2 Road 27 Whole of Hoover Street along the southeastern boundaries of Lots 752 to 759 from the northern side of Avard Street to the southern side of Stuart Street GG22061990p3043_3 Road 28 All that portion of Avard Street from southern boundarries of lots 752, 767 and 768 then terminating at a southwestern prolongation of the southeastern side of Queen Street GG22061990p3043_4 Road 29 All that portion of Queen Street along the southeastern boundaries of Lots 768 to 775 from the northern side of Avard Street to the southern side of Stuart Street, Leonora GG22061990p3043_5 Road 32 Part of old Menzies - Leonora Road where it entered southern part of Leonora DP227986 Road 33 Closed road depicted in Malcolm Location 137 on DP32348, Leonora DP32348 Road 34 Portion of Stuart Road now comprised in Lot 1332, Leonora GG02071996p3188 Road 35 Whole of Gwalia Street along the eastern boundaries of Lots 793 and 794 and an eastern side of a surveyed way from the southern alignment of Cohen Street to the northern alignment of Liverman Street GG03081990p3705_2

Railways The former railways constructed pursuant to the Kalgoorlie - Menzies Railway Act 1896 (WA) and Menzies - Leonora Railway Act 1899 (WA) (all repealed) and whose lines are generally described in the Schedules to the Acts. This includes: Railway No. Railway 001 Railway 002 Historic Railway 003 Historic Railway 004

Taking Orders The following taking orders: Taking Order No. H410858 I660272

Resumptions The following resumptions: Resumption 1080/1975

Public Works Any other public works as that expression is defined in the Native Title Act and the Titles Validation Act (including the land and waters on which a public work is constructed, established or situated as described in section 251D of the Native Title Act) and to which section 12J of the Titles Validation Act, section 23C(2) of the Native Title Act or sections 24JA and 24JB(2) of the Native Title Act apply.

AREAS TO WHICH SECTIONS 47A AND 47B OF THE NATIVE TITLE ACT APPLY

Paragraph 8

1. Section 47A Section 47A of the Native Title Act applies with the effect that any extinguishment by the creation of the following interests (and by the creation of any other prior interests in relation to the area of the following interests) is to be disregarded: Interest Description / Purpose Reserve 10575 Use and Benefit of Aboriginal People and Cultural Heritage Protection Reserve 11119 Use and Benefit of Aboriginal Inhabitants Reserve 24481 Use and Benefit of Aboriginal Inhabitants Reserve 30127 Native Housing Reserve 30896 Use and Benefit of Aborigines Reserve 34913 Aborigines Community Centre and Short Stay Accommodation Reserve 35509 Use and Benefit of Aboriginal Inhabitants Reserve 41510 Use and Benefit of Aboriginal Inhabitants

2. Section 47B Section 47B of the Native Title Act applies with the effect that any extinguishment over the following areas by the creation of any prior interest is to be disregarded: MapInfo ID. Description Exclusions UCL 0082 That portion of UCL 0082 (Lake Ballard) that falls within the Determination Area UCL 0103 10 Mile Outcamp UCL 1244 UCL between Menzies and Lake Ballard UCL 0043, UCL 0067- UCL0074, UCL 0083, UCL 0105, UCL 0696- UCL 0882, UCL 1144- UCL1146, UCL 1179, UCL 1189 UCL in and around the Historic Townsite of Malcolm Part covered by mining lease M37/1164 as at 10 April 2018 UCL 1141 UCL east of Reserve 11119 in the town of Leonora

For the avoidance of doubt, for the purpose of this Schedule, a "prior interest" does not include a public work as defined in the Native Title Act and the Titles Validation Act (including the land and waters on which a public work is constructed, established or situated as described in section 251D of the Native Title Act).

Paragraph 9 The nature and extent of the Other Interests in relation to the Determination Area are as follows. Land tenure interests registered with the Western Australian Land Information Authority are current as at 1 January 2020. Mining tenements and petroleum interests registered with the Department of Mines, Industry Regulation and Safety are current as at 22 November 2021. All other interests are current as at the date of the determination.

1. Freehold Titles (a) The following freehold titles: Certificate of Title CT0156400209 CT0167900046 CT0171900903 CT0179300055 CT0180100795

2. Reserves (a) The following reserves: Reserve No. Current / Last Purpose 3348 Historic Cemetery Site 3731 Resting Place for Travellers and Stock 4083 Cemetery 4085 Sanitary Site 4256 Cemetery 4479 Public Buildings 4480 Wardens Office 4481 Post and Telegraph Office 4485 Public Utility 4724 Church Site Methodist 4943 Rubbish Disposal Site 4956 Public Utility 4957 Public Utility 4958 Public Buildings 4959 Public Buildings 4960 Public Utility 4961 Public Utility 4962 Public Utility 4963 Water 4965 Cemetery 5176 Government Officials Quarters 5785 Post and Telegraph Office 6012 Townsite 6023 Public Utility 6024 Public Utility 6025 Public Utility 6026 Public Utility 6027 Public Utility 6460 Excepted from Sale 6597 Public Utility 6598 Public Utility 6600 Public Utility 6601 Public Utility 6652 Public Utility 6733 Church and Manse Site 6887 Cemetery 6888 Rubbish Depot 6976 Church Site Presbyterian 6992 Explosives Storage and Manufacture 7011 Church Site Presbyterian 7101 Excepted from Sale 7106 Public Buildings 7121 Public Battery 7141 Trigonometrical Station 7142 Trigonometrical Station 7143 Trigonometrical Station 7144 Trigonometrical Station 7145 Trigonometrical Station 7146 Water Act 57 Vic No 20 7147 State Geodetic Infrastructure 7148 Heritage Place 7151 Trigonometrical Station 7152 Trigonometrical Station 7156 Trigonometrical Station 7162 Trigonometrical Station 7163 Trigonometrical Station 7168 Trigonometrical Station 7183 Trigonometrical Station 7184 Trigonometrical Station 7185 Trigonometrical Station 7186 Trigonometrical Station 7187 Trigonometrical Station 7188 Trigonometrical Station 7189 Trigonometrical Station 7190 Trigonometrical Station 7191 Trigonometrical Station 7192 Trigonometrical Station 7197 Trigonometrical Station 7521 Common 7784 Excepted from Sale 7827 Cemetery 8099 Water 8303 Excepted from Sale 8372 Hall Site 8478 Railway Purposes 8487 Camping 8509 Common 8575 Municipal Water Supply 8739 Water Act 57 Vic No 20 State Battery Supply 8834 Water 9044 Excepted from Sale 9081 Townsite 9268 Excepted from Sale and Occupation 9405 Water Act 57 Vic No 20 9646 Water 9699 Peak Hill Stock Route 9706 Recreation 9741 Water 9762 Historic Place Little Peter's Well 9811 Water Act 57 Vic No 20 9833 Railway 9969 Municipal Rubbish Disposal Site and Sanitary Site 9979 School Site 10008 Water Act 57 Vic No 20 10028 Water Act 57 Vic No 20 10096 Excepted from Sale 11119 Use and Benefit of Aboriginal Inhabitants 10301 Water Act 57 Vic No 20 10527 Water Act 57 Vic No 20 10575 Use and Benefit of Aboriginal People and Cultural Heritage Protection 10577 Water Act 57 Vic No 20 11804 Watering Place Travelling Stock 12353 Water Act 57 Vic No 20 12393 Water 12396 Water Act 57 Vic No 20 12448 Water Act 57 Vic No 20 12844 Water 12845 Water 12846 Water 12848 Water 12856 Water 12858 Water 12993 Church Site Church of England 13488 Water 16995 Common 17398 Stock Route 24481 Use and Benefit of Aboriginal Inhabitants 25897 Native Housing 30029 Quarry 30127 Native Housing 30896 Use and Benefit of Aborigines 31924 Rubbish and Sanitation Disposal Site 34848 Explosives Safety Zone 34913 Aboriginal Community Centre and Short Stay Accommodation 35509 Use and Benefit of Aboriginal Inhabitants 35852 Recreation and Drainage - that portion of Reserve covered by the Leonora Golf Course 36387 State Geodetic Infrastructure 36676 Trigonometrical Station 41358 Recreation 41510 Use and Benefit of Aboriginal Inhabitants 41907 Railway 42692 Trigonometrical Station 46751 Historic Precinct 48160 Cemetery 48532 Parkland 51184 Water Supply

(b) The rights and interests of persons who have the care, control and management of the reserves identified in subclause (a) above; (c) The rights and interests of persons entitled to access and use the reserves identified in subclause (a) above for the respective purposes for which they are reserved, subject to any statutory limitations upon those rights; and (d) The rights and interests of persons holding leases over areas of the reserves identified in subclause (a) above. 3. Pastoral Leases (a) The following pastoral leases and the rights and interests of the holders from time to time of those pastoral leases: Lease No. Description N049440 Weebo N049506 Mertondale N049637 Yandal N049676 Clover Downs N049712 Minara N049788 Melrose N049808 Glenorn N049822 Nambi N049916 Braemore N049945 Tarmoola N050241 Melita 1/2 N050242 Melita 2/2 N050386 Adelong N050400 Banjawarn N050457 Jeedamya N050635 Sturt Meadows 1/2

(b) Any rights and obligations of the pastoralists pursuant to the pastoral leases referred to in subclause (a) above to adopt and exercise best practice management of the pasture and vegetation resources, livestock and soils within the boundaries of the pastoral leases in order to manage stock and for the management, conservation and regeneration of pasture for permitted uses. 4. Other Leases The following leases and the rights and interests of the holders from time to time of those leases: Lease No. Description M638864 Special Lease for Regional Mobile Communications Project RL I213020 Lease of Reserve 11119 RL1213022 Lease of Reserve 34913 RL N626178 Lease of lot 1310 of Reserve 41510 RL N626179 Lease of Lot 1314 of Reserve 41510 RL N626180 Lease of Lot 1299 of Reserve 41510 RL N626181 Lease of Lot 1300 of Reserve 41510 RL N626182 Lease of Lot 1298 of Reserve 41510 RL N626183 Lease of Lot 1321 of Reserve 41510 RL N626184 Lease of Lot 1296 of Reserve 41510 RL N626185 Lease of Lot 1307 of Reserve 41510 RL N626186 Lease of Lot 1305 of Reserve 41510 RL N626187 Lease of Lot 1297 of Reserve 41510 RL N626188 Lease of Lot 1303 and Part Lot 1304 of Reserve 41510 RL N626189 Lease of Lot 1302 and Part Lot 1301 of Reserve 41510 RL N626190 Lease of Lot 1311 of Reserve 41510 RL N626191 Lease of Lot 1320 of Reserve 41510 RL N626192 Lease of Lot 1319 of Reserve 41510 RL N626193 Lease of Lot 1318 of Reserve 41510 RL N626194 Lease of Lot 1317 of Reserve 41510 RL N626195 Lease of Lot 1316 of Reserve 41510 RL N626196 Lease of Lot 1315 of Reserve 41510 RL N626197 Lease of Lot 1295 of Reserve 41510 RL N626198 Lease of Lots 1276 and 1277 of Reserve 41510 RL N626199 Lease of Lot 1322 of Reserve 41510 RL N626200 Lease of Lot 1323 of Reserve 41510 RL N626201 Lease of Lots 1313 and Part Lot 1312 of Reserve 41510 R6461/153

Roads The following roads and the rights and interests of the persons having the care, control and management of those roads from time to time: MapInfo ID. Description Shown on3 Road 74 Road Realignment - Goldfields Highway as it enters Leonora from Menzies DP63279.pdf Road 76 Widening of road from Yundagga Townsite to Menzies DP218819 Road 77 Widening of road close to Menzies DP217648 Road 78 Widening of road Menzies to Leonora as it exits Menzies DP217649 Road 79 Widening of road Menzies to Leonora DP217650 Road 80 Widening of road Menzies to Leonora DP217651 Road 81 Widening of road Menzies to Leonora DP217652 Road 82 Widening of road Menzies to Leonora DP217653 Road 83 Widening of road Menzies to Leonora DP217654 Road 84 Widening of road Menzies to Leonora traversing Reserve 7030 DP217655 Road 85 Widening of road Menzies to Leonora DP217656 Road 86 Widening of road Menzies to Leonora DP217657 Road 87 Widening of road Menzies to Leonora DP217658. Road 88 Widening of road Menzies to Leonora DP217659 Road 89 Widening of road Menzies to Leonora DP217661 Road 90 Widening of road Menzies to Leonora DP217662 Road 91 Widening of road Menzies to Leonora DP217663 Road 92 Widening of Goldfields Highway heading north from Leonora townsite DP217665 Road 93 Widening of Goldfields Highway heading north from Leonora townsite DP217666 Road 94 Widening of Goldfields Highway heading north from Leonora townsite DP217667 Road 95 Widening of Goldfields Highway as it traverses Tarmoola pastoral lease DP217668 Road 96 Widening of Goldfields Highway as it traverses Tarmoola pastoral lease - Lot 125 on Deposited Plan 217669 DP217669 Road 97 Widening of Goldfields Highway as it traverses Tarmoola pastoral lease - Lot 126 on Deposited Plan 217670 DP217670 Road 98 Widening of Goldfields Highway as it traverses Tarmoola pastoral lease - Lots 126 and 127 on Deposited Plan 217671 DP217671 Road 99 Widening of Goldfields Highway as it traverses Tarmoola pastoral lease - Lots 127 and 128 on Deposited Plan 217672 DP217672 Road 100 Widening of Goldfields Highway as it traverses Tarmoola pastoral lease - Lot 129 on Deposited Plan 217673 DP217673 Road 101 Widening of Goldfields Highway as it traverses Tarmoola and Weebo pastoral leases - Lots 130 and 131 on Deposited Plan 217674 DP217674 Road 102 Widening of Goldfields Highway as it traverses Weebo pastoral lease - Lot 132 on Deposited Plan 217675 DP217675 Road 103 Widening of Goldfields Highway as it traverses Weebo pastoral lease - Lot 133 on Deposited Plan 217676 DP217676 Road 104 Widening of Goldfields Highway as it traverses Weebo pastoral lease - Lot 134 on Deposited Plan 217677 DP217677 Road 105 Widening of Goldfields Highway as it traverses Weebo pastoral lease - Lot 135 on Deposited Plan 217678 DP217678 Road 106 Widening of Goldfields Highway as it traverses Weebo pastoral lease - Lot 136 on Deposited Plan 217679 DP217679 Road 107 Widening of Goldfields Highway as it traverses Weebo pastoral lease - Lot 137 on Deposited Plan 217680 DP217680 Road 108 Widening of Goldfields Highway as it traverses Lenster Downs pastoral lease - Lots 138 and 139 on Deposited Plan 217681 DP217681 Road 111 Lots 160 and 162 of Main Reef Road DP37439 Road 112 Lot 134 on Deposited Plan 25984 DP25985

Taking Orders Taking Order No. I621535 J248862 J248862 J624946 J849173 L281903

Easements The following easements and the rights and interests of the holders from time to time of those easements, to the extent the areas of those easements do not fall within Schedule Four as areas where native title does not exist: MapInfo No. Description F924685 Easement to the State of Western Australia as amended and ratified by the Goldfields Gas Pipeline Agreement Act 1994 (WA). Registered 10 July 1995

Resumptions The following resumption: Resumption 578/1997

Mining Tenements (a) The following mining tenements granted under the Mining Act 1904 (WA) (repealed) and / or the Mining Act 1978 (WA) and the rights and interests of the holders from time to time of those tenements: (i) Exploration Licences: Tenement ID E 29/912 E 29/1070 E 36/867 E 29/913 E 29/1079 E 36/868 E 29/941 E 36/628 E 36/870 E 29/948 E 36/667 E 36/873 E 29/950 E 36/715 E 36/884 E 29/958 E 36/749 E 36/895 E 29/979 E 36/792 E 36/896 E 29/981 E 36/797 E 36/899 E 29/995 E 36/798 E 36/900 E 29/1005 E 36/810 E 36/905 E 29/1011 E 36/811 E 36/910 E 29/1020 E 36/818 E 36/917 E 29/1021 E 36/826 E 36/922 E 29/1022 E 36/827 E 36/923 E 29/1024 E 36/837 E 36/930 E 29/1034 E 36/838 E 36/934 E 29/1052 E 36/845 E 36/936 E 29/1067 E 36/846 E 36/940 E 29/1068 E 36/857 E 36/941 E 29/1069 E 36/860 E 36/943 E29/1118 E 36/865 E 37/1188 E 36/944 E 37/983 E 37/1189 E 36/945 E 37/1007 E 37/1190 E 36/952 E 37/1017-I E 37/1194 E 36/953 E 37/1018 E 37/1195 E 36/963 E 37/1032 E 37/1199 E 36/964 E 37/1044 E 37/1201 E 36/968 E 37/1051-I E 37/1203 E 36/969 E 37/1052-I E 37/1205 E 36/980 E 37/1054 E 37/1208 E 36/984 E 37/1067 E 37/1209 E 36/988 E 37/1080 E 37/1210 E 36/995 E 37/1086-I E 37/1214 E 36/997 E 37/1121 E 37/1215 E 36/999 E 37/1130 E 37/1220 E 36/1002 E 37/1134 E 37/1222 E 36/1005 E 37/1152 E 37/1223 E 37/258 E 37/1154 E 37/1224 E 37/789 E 37/1156 E 37/1225 E 37/801 E 37/1161 E 37/1229 E 37/846 E 37/1162 E 37/1231 E 37/847 E 37/1165 E 37/1233 E 37/893 E 37/1169 E 37/1234 E 37/902 E 37/1177 E 37/1235 E 37/907 E 37/1178 E 37/1237 E 37/909 E 37/1181 E 37/1239 E 37/916 E 37/1183 E 37/1243-I E 37/981 E 37/1184 E 37/1330 E 37/1246 E 37/1285 E 37/1331 E 37/1247 E 37/1287 E 37/1333 E 37/1248 E 37/1288 E 37/1334 E 37/1249-I E 37/1289 E 37/1336 E 37/1252 E 37/1290-I E 37/1342 E 37/1253 E 37/1291-I E 37/1345 E 37/1254 E 37/1293 E 37/1350 E 37/1258 E 37/1296 E 37/1352 E 37/1259 E 37/1297 E 37/1353 E 37/1260 E 37/1298 E 37/1355 E 37/1261 E 37/1300 E 37/1356 E 37/1262 E 37/1301 E 37/1358 E 37/1263 E 37/1303 E 37/1362 E 37/1264 E 37/1305 E 37/1363 E 37/1265 E 37/1306 E 37/1364 E 37/1266 E 37/1309 E 37/1367 E 37/1268 E 37/1310 E 37/1369 E 37/1269 E 37/1311 E 37/1370 E 37/1270 E 37/1313 E 37/1371 E 37/1271 E 37/1314 E 37/1372 E 37/1272 E 37/1315 E 37/1373 E 37/1273 E 37/1318 E 37/1374 E 37/1274 E 37/1319 E 37/1375 E 37/1278 E 37/1321 E 37/1376 E 37/1279 E 37/1322 E 37/1385 E 37/1283 E 37/1324 E 37/1389 E 37/1284 E 37/1418 E 37/1390 E 37/1377 E 37/1326 E 37/1391 E 37/1378 E 37/1419 E 37/1392 E 37/1379 E 37/1421 E 37/1393 E 37/1380 E 37/1422 E 37/1394 E 37/1381 E 37/1423 E 40/357 E 37/1382 E 37/1424 E 40/359 E 37/1395 E 37/1426 E 40/373 E 37/1396 E 38/1537 E 40/378 E 37/1397 E 38/2834 E 40/383 E 37/1398 E 38/2916 E 40/384 E 37/1399 E 38/3087 E 40/388 E 37/1400 E 38/3113 E 40/391 E 37/1402 E 38/3478 E 40/398 E 37/1404 E 39/1684 E 40/366 E 37/1405 E 39/1706 E 40/369 E 37/1407 E 39/1854 E 40/371 E 37/1409 E 39/1866 E 37/1410 E 39/1892 E 37/1413 E 39/1956 E 37/1414 E 39/1985 E 37/1416 E 39/2035 E 37/1417 E 39/2036 E 37/1431 E 39/2183 E 37/1433 E 39/2237 E 37/1436 E 40/270 E 37/1437 E 40/283 E 37/1441 E 40/295 E 37/1442 E 40/312 E 36/998 E 40/323

(ii) General Purpose Leases: Tenement ID G 29/21 G 37/37 G 37/6 G 37/8 G 37/9 G 37/10 G 37/11 G 37/12 G 37/13 G 37/14 G 37/15 G 37/16 G 37/17 G 37/18 G 37/21 G 37/24 G 37/25 G 37/26 G 37/27 G 37/28 G 37/29 G 37/30 G 37/31 G 37/32 G 37/33 G 37/34 G 37/35

(iii) Mining Leases: Tenement ID M 29/14 M 36/476 M 37/25 M 29/21 M 36/494 M 37/30 M 29/88 M 36/503 M 37/44 M 29/153 M 36/504 M 37/46 M 29/154 M 36/512 M 37/54 M 29/184 M 36/513 M 37/55 M 29/212 M 36/516 M 37/58 M 29/410 M 36/525 M 37/67 M 29/417 M 36/527 M 37/73 M 29/433 M 36/541 M 37/76 M 36/35 M 36/542 M 37/81 M 36/107 M 36/579 M 37/82 M 36/146 M 36/582 M 37/86 M 36/177 M 36/584 M 37/88 M 36/200 M 36/585 M 37/90 M 36/201 M 36/586 M 37/96 M 36/202 M 36/587 M 37/108 M 36/203 M 36/588 M 37/122 M 36/244 M 36/589 M 37/135 M 36/289 M 36/599 M 37/137 M 36/300 M 36/600 M 37/142 M 36/421 M 36/615 M 37/155 M 36/428 M 36/682 M 37/158 M 36/444 M 36/685 M 37/159 M 36/445 M 36/691 M 37/163 M 36/446 M 36/692 M 37/164 M 36/462 M 36/693 M 37/165 M 36/473 M 37/17 M 37/170 M 36/474 M 37/21 M 37/403 M 37/172 M 37/333 M 37/404 M 37/179 M 37/338 M 37/405 M 37/182 M 37/339 M 37/407 M 37/199 M 37/340 M 37/410 M 37/200 M 37/343 M 37/416 M 37/201 M 37/345 M 37/417 M 37/204 M 37/349 M 37/418 M 37/212 M 37/350 M 37/419 M 37/219 M 37/356 M 37/420 M 37/220 M 37/357 M 37/421 M 37/222 M 37/358 M 37/424 M 37/223 M 37/359 M 37/426 M 37/227 M 37/360 M 37/427 M 37/231 M 37/361 M 37/428 M 37/232 M 37/362 M 37/429 M 37/233 M 37/364 M 37/437 M 37/246 M 37/366 M 37/438 M 37/247 M 37/367 M 37/439 M 37/248 M 37/368 M 37/440 M 37/251 M 37/370 M 37/449 M 37/252 M 37/373 M 37/451 M 37/265 M 37/383 M 37/454 M 37/277 M 37/384 M 37/457 M 37/286 M 37/385 M 37/458 M 37/299 M 37/386 M 37/459 M 37/300 M 37/391 M 37/460 M 37/316 M 37/393 M 37/461 M 37/317 M 37/394 M 37/462 M 37/320 M 37/398 M 37/465 M 37/327 M 37/399 M 37/475 M 37/330 M 37/400 M 37/816 M 37/478 M 37/584 M 37/818 M 37/479 M 37/586 M 37/819 M 37/483 M 37/587 M 37/849 M 37/485 M 37/590 M 37/902 M 37/488 M 37/591 M 37/903 M 37/493 M 37/592 M 37/905 M 37/494 M 37/594 M 37/944 M 37/495 M 37/598 M 37/955 M 37/496 M 37/599 M 37/975 M 37/503 M 37/600 M 37/983 M 37/506 M 37/601 M 37/986 M 37/508 M 37/602 M 37/997 M 37/513 M 37/608 M 37/998 M 37/514 M 37/622 M 37/1026 M 37/515 M 37/626 M 37/1027 M 37/519 M 37/631 M 37/1030 M 37/529 M 37/632 M 37/1045 M 37/531 M 37/638 M 37/1050 M 37/532 M 37/646 M 37/1051 M 37/544 M 37/667 M 37/1063 M 37/547 M 37/689 M 37/1064 M 37/548 M 37/692 M 37/1076 M 37/551 M 37/708 M 37/1081 M 37/552 M 37/709 M 37/1089 M 37/564 M 37/720 M 37/1090 M 37/565 M 37/733 M 37/1105 M 37/570 M 37/735 M 37/1119 M 37/571 M 37/763 M 37/1120 M 37/572 M 37/774 M 37/1121 M 37/573 M 37/775 M 37/1122 M 37/574 M 37/776 M 37/1336 M 37/1126 M 37/1284 M 37/1337 M 37/1127 M 37/1285 M 37/1338 M 37/1128 M 37/1286 M 37/1340 M 37/1129 M 37/1290 M 37/1341 M 37/1130 M 37/1295 M 37/1342 M 37/1132 M 37/1298 M 37/1343 M 37/1136 M 37/1301 M 37/1345 M 37/1137 M 37/1303 M 37/1346 M 37/1144 M 37/1304 M 37/1348 M 37/1146 M 37/1305 M 37/1349 M 37/1148 M 37/1306 M 37/1350 M 37/1150 M 37/1309 M 37/1353 M 37/1153 M 37/1311 M 38/1252 M 37/1164 M 37/1312 M 39/445 M 37/1165 M 37/1313 M 39/458 M 37/1167 M 37/1314 M 39/459 M 37/1168 M 37/1315 M 39/460 M 37/1170 M 37/1316 M 39/552 M 37/1185 M 37/1317 M 39/758 M 37/1202 M 37/1318 M 39/1118 M 37/1216 M 37/1319 M 40/151 M 37/1217 M 37/1322 M 40/166 M 37/1223 M 37/1323 M 40/330 M 37/1227 M 37/1324 M 40/346 M 37/1228 M 37/1325 M 37/1230 M 37/1327 M 37/1231 M 37/1328 M 37/1257 M 37/1331 M 37/1275 M 37/1333 M 37/1276 M 37/1334 M 37/1279 M 37/1335

(iv) Miscellaneous Licences: Tenement ID L 29/61 L 37/23 L 37/102 L 29/116 L 37/24 L 37/106 L 29/117 L 37/28 L 37/113 L 29/118 L 37/29 L 37/117 L 29/120 L 37/30 L 37/118 L 29/138 L 37/33 L 37/119 L 29/147 L 37/34 L 37/122 L 36/55 L 37/35 L 37/125 L 36/62 L 37/36 L 37/127 L 36/82 L 37/41 L 37/128 L 36/84 L 37/43 L 37/129 L 36/86 L 37/50 L 37/131 L 36/98 L 37/51 L 37/132 L 36/100 L 37/56 L 37/133 L 36/102 L 37/58 L 37/134 L 36/103 L 37/61 L 37/135 L 36/104 L 37/66 L 37/136 L 36/107 L 37/70 L 37/137 L 36/111 L 37/73 L 37/138 L 36/136 L 37/74 L 37/139 L 36/155 L 37/76 L 37/140 L 36/158 L 37/77 L 37/141 L 36/166 L 37/79 L 37/142 L 36/183 L 37/80 L 37/144 L 36/184 L 37/83 L 37/145 L 36/185 L 37/85 L 37/148 L 36/186 L 37/86 L 37/232 L 36/198 L 37/87 L 37/237 L 36/200 L 37/189 L 37/240 L 36/232 L 37/190 L 37/241 L 36/235 L 37/191 L 37/242 L 36/246 L 37/193 L 37/244 L 36/247 L 37/195 L 37/150 L 37/151 L 37/89 L 37/246 L 37/152 L 37/196 L 37/247 L 37/153 L 37/197 L 37/248 L 37/154 L 37/199 L 37/249 L 37/155 L 37/203 L 37/250 L 37/156 L 37/205 L 39/76 L 37/157 L 37/206 L 39/78 L 37/158 L 37/207 L 39/79 L 37/159 L 37/211 L 39/82 L 37/161 L 37/212 L 39/111 L 37/162 L 37/213 L 39/126 L 37/163 L 37/215 L 39/139 L 37/164 L 37/216 L 39/140 L 37/166 L 37/217 L 39/141 L 37/167 L 37/220 L 39/142 L 37/170 L 37/221 L 39/197 L 37/171 L 37/222 L 39/223 L 37/172 L 37/223 L 40/11 L 37/173 L 37/224 L 40/24 L 37/174 L 37/225 L 40/33 L 37/175 L 37/226 L 40/34 L 37/176 L 37/227 L 37/177 L 37/228 L 37/178 L 37/229 L 37/183 L 37/230 L 37/184 L 37/231

(v) Prospecting Licences: Tenement ID P 29/2346 P 36/1863 P 37/8314 P 29/2368 P 36/1874 P 37/8317 P 29/2369 P 36/1875 P 37/8318 P 29/2391 P 36/1878 P 37/8325 P 29/2511 P 36/1879 P 37/8334 P 29/2512 P 36/1883 P 37/8350 P 29/2513 P 36/1884 P 37/8359 P 29/2514 P 36/1887-S P 37/8368 P 29/2515 P 36/1888-S P 37/8371 P 29/2538 P 36/1889 P 37/8374 P 29/2539 P 36/1891 P 37/8375 P 29/2550 P 36/1892 P 37/8531 P 29/2573 P 36/1893 P 37/8532 P 29/2578 P 36/1894 P 37/8533 P 29/2579 P 36/1895 P 37/8534 P 29/2580 P 36/1896 P 37/8535 P 29/2581 P 36/1911 P 37/8536 P 29/2582 P 36/1913 P 37/8537 P 29/2583 P 36/1914 P 37/8538 P 29/2584 P 36/1915 P 37/8539 P 29/2585 P 36/1916 P 37/8540 P 29/2619 P 36/1917 P 37/8541 P 29/2620 P 36/1920 P 37/8542 P 29/2621 P 36/1922 P 37/8543 P 29/2622 P 37/8223 P 37/8544 P 29/2627 P 37/8240 P 37/8545 P 29/2634 P 37/8241 P 37/8546 P 36/1787 P 37/8242 P 37/8547 P 36/1788 P 37/8243 P 37/8559 P 36/1789 P 37/8278 P 37/8568 P 36/1805 P 37/8290 P 37/8571 P 36/1806 P 37/8299 P 37/8573 P 36/1849 P 37/8300 P 37/8576 P 36/1857 P 37/8301 P 37/8578 P 36/1859 P 37/8455 P 37/8580 P 36/1860 P 37/8456 P 37/8581 P 37/8376 P 37/8458 P 37/8583 P 37/8378 P 37/8459 P 37/8584 P 37/8379 P 37/8460 P 37/8586 P 37/8382 P 37/8461 P 37/8587 P 37/8383 P 37/8462 P 37/8601 P 37/8384 P 37/8463 P 37/8606 P 37/8385 P 37/8464 P 37/8731 P 37/8386 P 37/8465 P 37/8732 P 37/8387 P 37/8467 P 37/8733 P 37/8388 P 37/8468 P 37/8734 P 37/8390 P 37/8469 P 37/8736 P 37/8391 P 37/8470 P 37/8737 P 37/8392 P 37/8472 P 37/8738 P 37/8393 P 37/8484 P 37/8739 P 37/8394 P 37/8491 P 37/8740 P 37/8413 P 37/8500 P 37/8741 P 37/8414 P 37/8504 P 37/8742 P 37/8415 P 37/8515 P 37/8743 P 37/8416 P 37/8517 P 37/8744 P 37/8417 P 37/8520 P 37/8745 P 37/8418 P 37/8521 P 37/8746 P 37/8420 P 37/8523 P 37/8747 P 37/8421 P 37/8524 P 37/8748 P 37/8422 P 37/8525 P 37/8754 P 37/8425 P 37/8526 P 37/8759 P 37/8431 P 37/8527 P 37/8760 P 37/8432 P 37/8528 P 37/8762 P 37/8442 P 37/8529 P 37/8763 P 37/8443 P 37/8530 P 37/8764 P 37/8445 P 37/8660 P 37/8765 P 37/8454 P 37/8661 P 37/8766 P 37/8608 P 37/8662 P 37/8767 P 37/8609 P 37/8663 P 37/8777 P 37/8610 P 37/8664 P 37/8778 P 37/8611 P 37/8665 P 37/8781 P 37/8612 P 37/8686 P 37/8782 P 37/8615 P 37/8687 P 37/8783 P 37/8617 P 37/8688 P 37/8877 P 37/8618 P 37/8689 P 37/8878 P 37/8621 P 37/8690 P 37/8879 P 37/8622 P 37/8691 P 37/8881 P 37/8629 P 37/8692 P 37/8882 P 37/8630 P 37/8693 P 37/8883 P 37/8631 P 37/8694 P 37/8884 P 37/8632 P 37/8695 P 37/8885 P 37/8633 P 37/8696 P 37/8886 P 37/8634 P 37/8699 P 37/8887 P 37/8635 P 37/8712 P 37/8888 P 37/8636 P 37/8713 P 37/8889 P 37/8637 P 37/8714 P 37/8890 P 37/8638 P 37/8715 P 37/8891 P 37/8639 P 37/8716 P 37/8892 P 37/8640 P 37/8718 P 37/8893 P 37/8641 P 37/8719 P 37/8894 P 37/8648 P 37/8720 P 37/8895 P 37/8649 P 37/8724 P 37/8896 P 37/8650 P 37/8730 P 37/8897 P 37/8651 P 37/8842 P 37/8898 P 37/8652 P 37/8843 P 37/8899 P 37/8653 P 37/8845 P 37/8900 P 37/8657 P 37/8846 P 37/8905 P 37/8659 P 37/8847 P 37/8922 P 37/8784 P 37/8848 P 37/8928 P 37/8785 P 37/8849 P 37/8936 P 37/8788 P 37/8850 P 37/8937 P 37/8789 P 37/8851 P 37/8938 P 37/8790 P 37/8852 P 37/8947 P 37/8794 P 37/8853 P 37/8948 P 37/8795 P 37/8854 P 37/9033 P 37/8811 P 37/8855 P 37/9043 P 37/8812 P 37/8856 P 37/9047 P 37/8814 P 37/8857 P 37/9050 P 37/8820 P 37/8858 P 37/9051 P 37/8821 P 37/8859 P 37/9052 P 37/8822 P 37/8860 P 37/9053 P 37/8823 P 37/8861 P 37/9054 P 37/8824 P 37/8862 P 37/9055 P 37/8825 P 37/8863 P 37/9056 P 37/8826 P 37/8864 P 37/9057 P 37/8827 P 37/8865 P 37/9058 P 37/8828 P 37/8866 P 37/9059 P 37/8830 P 37/8868 P 37/9060 P 37/8831 P 37/8869 P 37/9061 P 37/8832 P 37/8871 P 37/9063-S P 37/8833 P 37/8872 P 37/9064 P 37/8834 P 37/8873 P 37/9065 P 37/8835 P 37/8874 P 37/9071 P 37/8836 P 37/8876 P 37/9072 P 37/8837 P 37/8980 P 37/9073 P 37/8838 P 37/8981 P 37/9074 P 37/8839 P 37/8982 P 37/9075 P 37/8840 P 37/8983 P 37/9076 P 37/8949 P 37/8984 P 37/9077 P 37/8950 P 37/8985 P 37/9078 P 37/8951 P 37/8986 P 37/9079 P 37/8952 P 37/8987 P 37/9095 P 37/8953 P 37/8988 P 37/9096 P 37/8954 P 37/8989 P 37/9097 P 37/8955 P 37/8990 P 37/9100 P 37/8956 P 37/8991 P 37/9198 P 37/8957 P 37/8992 P 37/9199 P 37/8958 P 37/8993 P 37/9200 P 37/8959 P 37/8994 P 37/9201 P 37/8960 P 37/8995 P 37/9202 P 37/8961 P 37/8996 P 37/9203 P 37/8962 P 37/8997 P 37/9204 P 37/8963 P 37/8998 P 37/9205 P 37/8964 P 37/8999 P 37/9206 P 37/8965 P 37/9000 P 37/9207 P 37/8966 P 37/9001 P 37/9208 P 37/8967 P 37/9002 P 37/9209 P 37/8968 P 37/9003 P 37/9210 P 37/8969 P 37/9004 P 37/9211 P 37/8970 P 37/9005 P 37/9212 P 37/8971 P 37/9006 P 37/9213 P 37/8972 P 37/9007 P 37/9214 P 37/8973 P 37/9008 P 37/9215 P 37/8974 P 37/9009 P 37/9216 P 37/8975 P 37/9010 P 37/9217 P 37/8976 P 37/9157 P 37/9218 P 37/8977 P 37/9158 P 37/9219 P 37/8978 P 37/9159 P 37/9220 P 37/8979 P 37/9160 P 37/9221 P 37/9101 P 37/9161 P 37/9222 P 37/9102 P 37/9162 P 37/9223 P 37/9109 P 37/9163 P 37/9224 P 37/9110 P 37/9164 P 37/9225 P 37/9119 P 37/9165-S P 37/9226 P 37/9122 P 37/9167 P 37/9227 P 37/9123 P 37/9168 P 37/9339 P 37/9124 P 37/9169 P 37/9340 P 37/9125 P 37/9170 P 37/9341 P 37/9126 P 37/9178 P 37/9342 P 37/9127 P 37/9179 P 37/9343 P 37/9128 P 37/9182 P 37/9344 P 37/9129 P 37/9183 P 37/9345 P 37/9130 P 37/9184 P 37/9349 P 37/9131 P 37/9185 P 37/9351 P 37/9132 P 37/9186 P 37/9352 P 37/9138 P 37/9187 P 37/9353 P 37/9139 P 37/9188 P 37/9354 P 37/9140 P 37/9189 P 37/9355 P 37/9141 P 37/9190 P 37/9356 P 37/9142 P 37/9191 P 37/9357 P 37/9146 P 37/9192 P 37/9358 P 37/9147 P 37/9193 P 37/9359 P 37/9148 P 37/9194 P 37/9360 P 37/9149 P 37/9195 P 37/9361 P 37/9150 P 37/9196 P 37/9362 P 37/9151 P 37/9197 P 37/9364 P 37/9152 P 37/9288 P 37/9365 P 37/9153 P 37/9289 P 37/9366 P 37/9154 P 37/9290 P 37/9373 P 37/9155 P 37/9291 P 37/9375-S P 37/9229 P 37/9296 P 37/9376-S P 37/9230 P 37/9297 P 37/9377-S P 37/9231 P 37/9298 P 37/9378-S P 37/9232 P 37/9299 P 37/9379-S P 37/9234 P 37/9300 P 37/9436 P 37/9235 P 37/9301 P 37/9437 P 37/9236 P 37/9302 P 37/9442 P 37/9237 P 37/9303 P 37/9443 P 37/9239 P 37/9304 P 37/9444 P 37/9249 P 37/9310 P 37/9445 P 37/9250 P 37/9312 P 37/9446 P 37/9251 P 37/9319 P 37/9450 P 37/9252 P 37/9320 P 37/9451 P 37/9254 P 37/9321 P 37/9452 P 37/9255 P 37/9322 P 37/9453 P 37/9257-S P 37/9323 P 37/9454 P 37/9258-S P 37/9324 P 37/9455 P 37/9259 P 37/9325 P 37/9456 P 37/9260 P 37/9228 P 37/9457 P 37/9261 P 37/9338 P 37/9458 P 37/9264 P 37/9390 P 37/9459 P 37/9267 P 37/9391 P 37/9461 P 37/9268 P 37/9392 P 37/9466 P 37/9270 P 37/9393 P 37/9467 P 37/9271 P 37/9394 P 37/9468 P 37/9281 P 37/9395 P 37/9469 P 37/9282 P 37/9396 P 37/9470 P 37/9283 P 37/9397 P 37/9471 P 37/9284 P 37/9398 P 37/9472 P 37/9286 P 37/9399 P 37/9473 P 37/9287 P 37/9400 P 37/9474 P 37/9326 P 37/9401 P 37/9475 P 37/9327 P 37/9402 P 37/9476 P 37/9328 P 37/9403 P 37/9479 P 37/9329 P 37/9404 P 37/9480 P 37/9330 P 37/9405 P 37/9481 P 37/9331 P 37/9406 P 37/9487 P 37/9332 P 37/9407 P 37/9333 P 37/9408 P 37/9334 P 37/9409 P 37/9335 P 37/9410 P 37/9336 P 37/9411 P 37/9337 P 37/9413 P 37/9380 P 37/9418 P 37/9381 P 37/9419 P 37/9382 P 37/9420 P 37/9383 P 37/9423 P 37/9384 P 37/9424 P 37/9385 P 37/9426 P 37/9386 P 37/9438 P 37/9387 P 37/9439 P 37/9388 P 37/9389

Tenement ID P 37/9488 P 40/1439 P 37/9491 P 40/1464 P 37/9492 P 40/1474 P 37/9497 P 40/1521 P 37/9498 P 40/1525 P 37/9499 P 40/1526 P 37/9505 P 37/9506 P 37/9507 P 37/9508 P 37/9509 P 37/9510 P 37/9511 P 39/5456 P 39/5623 P 39/5859 P 39/5860 P 39/5927 P 39/6147-S P 39/6148-S P 39/6149-S P 39/6152 P 39/6161 P 39/6162 P 39/6163 P 39/6174 P 39/6175 P 39/6226 P 39/6227 P 39/6231

Petroleum Interests (a) The following petroleum interests granted under the Petroleum and Geothermal Energy Resources Act 1967 (WA) or the Petroleum Pipelines Act 1969 (WA) and the rights and interests of the holders from time to time of those petroleum interests: (i) Petroleum Pipeline Licence(s) Tenement ID Description PL 48 Petroleum Pipelines Act 1969 (WA) PL 65 Petroleum Pipelines Act 1969 (WA) PL 36 Petroleum Pipelines Act 1969 (WA) PL 115 Petroleum Pipelines Act 1969 (WA) PL 118 Petroleum Pipelines Act 1969 (WA) PL 24 Petroleum Pipelines Act 1969 (WA) PL 76 Petroleum Pipelines Act 1969 (WA) PL126 Petroleum Pipelines Act 1969 (WA)

(b) The agreement as amended and ratified by the Goldfields Gas Pipeline Agreement Act 1994 (WA) and rights and interests comprised in, conferred under or in accordance with, or pursuant to that agreement, including the following: Tenure ID Description PL 24 Petroleum Pipelines Act 1969 (WA) and Goldfields Gas Pipeline Agreement Act 1994 (WA) F924685 Easement to the State of Western Australia as amended and ratified by the Goldfields Gas Pipeline Agreement Act 1994 (WA). Registered 10 July 1995

Access to Mining Tenements and Petroleum Interests (a) Without limiting the operation of any other clause in this Schedule Six, but subject to clause 11(b) below, any rights of the holders from time to time of a mining tenement or petroleum interest, including those listed in clauses 9 and 10 of this Schedule Six, to use (including by servants, agents and contractors) such portions of roads and tracks in the Determination Area existing as at the date of this determination as are necessary to access the area the subject of the mining tenement or petroleum interest for the purposes of exercising the rights granted by that tenement or interest. (b) Nothing in clause 11(a) above allows any upgrade, extension, widening or other improvement to the road or track other than work done to maintain it in reasonable repair and in order to leave it in substantially the same condition as it was prior to its use pursuant to clause 11(a). (c) Nothing in this Schedule Six will limit the rights of the holders from time to time of mining tenements or petroleum interests, including those referred to in clauses 9 and 10 of this Schedule Six, including any existing right to exclude members of the public from entering onto the land and waters the subject of any mining tenement or petroleum interest. 12. Telstra Corporation Limited The rights and interests of Telstra Corporation Limited (ACN 051 775 556), its related bodies corporate and successors in title: (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, occupy and operate telecommunications facilities; and (iii) to alter, remove, replace, maintain, repair and ensure the proper functioning of its telecommunications facilities; (c) for its employees, agents or contractors to access its telecommunications facilities in and in the vicinity of the Determination Area in the performance of their duties; and (d) under any lease, licence, permit, access agreement or easement relating to its telecommunications facilities in the Determination Area. 13. Other The following rights and interests in the Determination Area: (a) Rights and interests, including licences and permits, granted by the Crown in right of the State or of the Commonwealth pursuant to statute or otherwise in the exercise of its executive power and any regulations made pursuant to such statutes; (b) Rights and interests held by reason of the force and operation of the laws of the State or of the Commonwealth including the Rights in Water and Irrigation Act 1914 (WA); (c) Rights and interests of members of the public arising under the common law, including but not limited to: (i) the public right to fish; (ii) the public right to navigate; and (iii) the right of any person to use and enjoy any roads in the Determination Area (subject to the laws of the State) over which, as at the date of this determination, members of the public have a right of access under the common law; (d) The right to access the Determination Area by: (i) an employee, agent or instrumentality of the State; (ii) an employee, agent or instrumentality of the Commonwealth; or (iii) an employee, agent or instrumentality of any local government authority, as required in the performance of his or her statutory or common law duty, including for the purpose of pest management control and fire hazard management on areas of unallocated Crown land; (e) So far as confirmed pursuant to section 212(2) of the Native Title Act and section 14 of the Titles Validation Act as at the date of this determination, any existing public access to and enjoyment of: (i) waterways; (ii) beds and banks or foreshores of waterways; (iii) stock routes; and (iv) areas that were public places at the end of 31 December 1993; (f) Any other: (i) legal or equitable estate or interest in the land or waters of the Determination Area; or (ii) right (including a right under an option and a right of redemption), charge, power or privilege over, or in connection with: (A) the land or waters of the Determination Area; or (B) an estate or interest in the land or waters of the Determination Area; or (iii) restriction on the use of the land or waters of the Determination Area, whether or not annexed to other land or waters.

Paragraph 3 The Native Title Holders are: (a) Those Aboriginal people who are recognised under traditional law and custom as having rights in some or all of the Determination Area on one or more of the following bases: (i) biological and/or socially recognised descent from one or more of the owners, under traditional law and custom, of some or all of the Determination Area at the time of non-Aboriginal settlement; (ii) their own or an ancestor's birth on the Determination Area; (iii) their own or an ancestor's long association with the Determination Area; or (iv) the holding of religious, sacred or ritual authority under traditional law and custom for one or more places on the Determination Area. (b) The descendants of the following ancestors are recognised under traditional law and custom as having rights in some or all of the Determination Area under categories (i) and (ii) above: (i) Majika mother's mother of Telpha Ashwin, Jumbo Harris and Kweelah; (ii) Siblings Peter Inkie, Jilyu Fanny and Titjipu - Peter Foley; (iii) Billy and his two wives Mary Ann and Mary parents of Daisy Cordella, Maggie (aka Wilgie), Julia aka Mundai, Amy aka Jinan Rex, Annie, Maniwa and Winnie; (iv) Inyarndi mother of Big Paddy Wheelbarrow, Little Paddy Wheelbarrow and Jimmy Wheelbarrow; (v) Ruby Shea; (vi) Siblings Andy Fisher and Natha; (vii) Siblings Beaman aka Charlie, Thadi and Dinah Evans; (viii) Nobby Nixon and his sister Milibindi; (ix) Mary Naringa; (x) Queenie Swan; (xi) Sarah Ashwin nee Brown (Marakali); and (xii) Minnie Narrier.

BROMBERG J: 1 The parties have sought a consent determination under the Native Title Act 1993 (Cth) (NTA) determining that: (i) native title exists over the lands and waters detailed in Schedule 1 (Determination Area) to the Orders which accompany these reasons ("Orders"); and (ii) the native title in the Determination Area is held by the native title holders (the Darlot native title holders) identified in Schedule 7 to the Orders. 2 The Determination Area, depicted in the maps found in Schedule 2 to the Orders, is bounded by the Tjiwarl and Kultju determinations of native title to the north-west and north, respectively: see Narrier v State of Western Australia (No 2) [2017] FCA 104 (Mortimer J) and Sceghi on behalf of the Kultju Native Title Claim Group v State of Western Australia [2019] FCA 1756 (Colvin J). The Tjalkadjara and Waturta native title determination applications abut the Determination Area to the east, and the Nyalpa Pirniku native title determination application abuts the Determination Area to the south-east: see Federal Court of Australia proceedings WAD 597/2018, WAD 297/2018 and WAD 91/2019. 3 Freehold titles, reserves, pastoral leases and mining tenements cover a large portion of the Determination Area. There are some areas of unallocated Crown land where s 47B of the NTA has been agreed to apply. There are also some reserve areas where s 47A of the NTA has been agreed to apply. These areas and interests are described in Schedules 3, 5 and 6 to the Orders. 4 The Darlot native title holders that the proposed consent determination will recognise are commonly referred to as the "Darlot Mob". Those persons take their contemporary group name from the ephemeral Lake Darlot and the abandoned town of Darlot, also known as Woodarra, located in the central-northern part of the Determination Area. The Darlot Mob follow a system of traditional law and custom shared with other members of what is commonly called the "Western Desert Cultural Bloc" (WDCB). The antecedents of many of the Darlot native title holders were members of an amalgamated group of persons many of Tjupan-Pini ancestry and others of Koara ancestry which formed in or about the early 1920s in the Darlot area. There are two Western Desert dialects associated with the Determination Area - Tjupan spoken by the Tjupan-Pini and Baduwonga spoken by the Koara. 5 Many of the Darlot native title holders and their ancestors were claimants in prior determination applications. Harrington-Smith on behalf of the Wongatha People v State of Western Australia (No 9) [2007] FCA 31 concerned a far wider application for the determination of native title broadly covering the Western Australian Goldfields Region. Ashwin on behalf of the Wutha People v State of Western Australia (No 4) [2019] FCA 308 concerned an application in relation to lands and waters to the north of the Determination Area. Both claims were unsuccessful. 6 To a significant extent those failed applications reflect the peculiar difficulties that claimants face demonstrating connection with the lands and waters of the Goldfields Region. In this region of Western Australia, wholesale dislocation, upheaval and untold misery was inflicted upon its Aboriginal inhabitants by the invasion of tens of thousands of non-Aboriginal prospectors who occupied the region during the gold rushes of 1890s. 7 In that context, it is particularly momentous for the Court to pronounce that, for the reasons which follow, this application has succeeded and that it is appropriate for the Court to make the Orders and the native title determination which all parties have agreed should be made.

THE PARTIES AND SUPPORTING MATERIALS 8 The native title determination application is made by June Harrington-Smith, Verna Vos, Pearl Scott, Wayne Smith, Murray Harris, Maria Meredith, James Calyun, Dorothy Cooper and Joan Tucker (collectively the applicant). 9 The respondents to the application are: (i) the State of Western Australia (State); (ii) the Commonwealth of Australia; (iii) the Shire of Laverton; (iv) the Shire of Leonora; (v) the Shire of Menzies; (vi) SO4 Fertiliser Developments Pty Ltd; (vii) Southern Cross Pipelines (NPL) Australia Pty Ltd; (viii) Southern Cross Pipelines Australia Pty Ltd; (ix) St Barbara Ltd; (x) Two Lake Developments Pty Ltd; (xi) Ulysses Mining Pty Ltd; (xii) Weebo Exploration Pty Ltd; (xiii) Agnew Gold Mining Company Pty Ltd; (xiv) Alinta Energy GGT Pty Ltd; (xv) APA Operations Pty Ltd; (xvi) Australian Pipeline Ltd; (xvii) BHP Nickel West Pty Ltd; (xviii) Giard Pty Ltd; (xix) Kin Mining NL; (xx) Minara Pastoral Holdings Pty Ltd; (xxi) Murrin Murrin Operations Pty Ltd; and (xxii) Telstra Corporation Ltd. 10 The application is supported by the following materials: (i) The Substituted Native Title Determination Application - Claimant Application (Form 1) filed on 28 April 2021 (Darlot Application); (ii) a minute signed by each party to the proceeding of proposed consent orders and determination of native title filed on 20 April 2022 (Minute); (iii) an affidavit of Ms Kelsi Morgan Joan Forrest, Solicitor, sworn on 14 December 2021 (First Forrest affidavit); (iv) a second affidavit of Ms Kelsi Morgan Joan Forrest, Solicitor, sworn on 19 April 2022; (v) a third affidavit of Ms Kelsi Morgan Joan Forrest, Solicitor, sworn on 2 May 2022 (Third Forrest affidavit); and (vi) the joint submission of the applicant and the State filed on 19 April 2022 (Joint Submission).

THE PROCEDURAL BACKGROUND 11 The applicant initially filed its determination application on 10 April 2018. The Native Title Registrar of the National Native Title Tribunal was not satisfied that the initial form of the application met all of the conditions of ss 190B-190C of the NTA (registration test). Various amendments were made to the determination application, and a number of further iterations of the application were filed in the period 2018 to 2021 which also did not meet the registration test. A third further amended application titled "Substituted Native Title Determination Application" was filed on 28 April 2021. On 9 July 2021 a delegate of the Native Title Registrar decided that the Darlot Application satisfied the registration test and that the claim may be accepted for registration and entered into the Register of Native Title Claims. Notice was given by the Native Title Registrar under s 66 of the NTA and the closing date for the notification period was 28 October 2020. 12 A number of mediations were convened by a Registrar of this Court after the determination application was first filed with the Court. Mediation between the applicant and neighbouring native title determination applicants resulted in an agreement being reached between the parties to remove various overlaps. The applicant reached agreements of this nature with the Marlinyu Ghoorlie (WAD 647/2017) applicant, the Tjalkadjara (WAD 597/2018) applicant, and the Nyalpa Pirniku (WAD 91/2019) applicant. 13 Pursuant to my orders of 16 September 2021, mediation also occurred between the applicant and the applicant in the Jardu Mar (WAD 4/2021) native title determination application (Jardu Mar Claim). The overlap between the Darlot Application and the Jardu Mar Claim was resolved by my dismissal of the Jardu Mar Claim on 4 February 2022 pursuant to s 190F(6) of the NTA in Dimer on behalf of the Jardu Mar People v State of Western Australia [2022] FCA 64. 14 On 30 August 2021, I made orders in relation to a number of additional persons coming forward to assert native title rights and interests in the Determination Area, and referred such persons to mediation. Subsequently, seven individuals made applications to be joined as a respondent to the Darlot Application. On 16 February 2022 I dismissed those applications for the reasons set out in Harrington-Smith on behalf of the Darlot Native Title Claim Group v State of Western Australia [2022] FCA 114 (Joinder Decision). 15 Native Title Services Goldfields (NTSG) were joined as a respondent party to the Darlot Application during the notification period for the claim. Following the Joinder Decision, on 23 February 2022, NTSG provided written notice to the Court under s 84(6) of the NTA that it wished to cease to be a party to the proceeding. NTSG ceased to be a respondent on 24 February 2022. 16 In the Joint Submission the parties noted that the resolution of the above issues enabled a consent determination of native title to proceed over the entirety of the land and waters covered by the Darlot Application. 17 As the First Forrest affidavit deposes, at a meeting held on 13 December 2021 in Kalgoorlie, the native title claim group agreed to the resolution of the Darlot Application by consent and authorised the applicant to do all things necessary to ensure that a consent determination was achieved broadly in the terms of the Minute. Subsequently, all parties to the proceeding have executed the Minute and it was filed on 20 April 2022.

THE REQUIREMENTS OF S 87 OF THE NTA 18 For a determination of native title to be made pursuant to s 87 of the NTA by consent without holding a hearing, the following requirements must be satisfied: (i) The notification period specified in the notice given under s 66 of the NTA has ended (s 87(1)); (ii) The parties have reached agreement on the terms of orders relating to the proceedings, and matters arising out of those terms (s 87(1)(a) and (aa)); (iii) The parties have reduced their agreement to writing, the agreement has been signed by or on behalf of the parties, and it has been filed with the Court (s 87(1)(b)); (iv) The Court is satisfied that an order in, or consistent with, those terms is within the power of the Court (s 87(1)(c)); and (v) It appears appropriate to the Court to make an order consistent with the terms of the order sought (ss 87(1A) and 87(2)). 19 I am satisfied that all of the above requirements are met in the present application. As set out above, the notification period for the Darlot Application ended on 28 October 2020 (s 87(1)). The Minute is an agreement by all of the parties on the terms of an order of the Court in relation to the proceedings (s 87(1)(a) and (aa)). The Minute is in writing, has been signed by the parties or on their behalf and was filed with the Court (s 87(1)(b)). 20 In order to be satisfied that the orders sought are within the power of the Court, consideration must be given to other requirements made by the NTA. For the following reasons I am also satisfied that the proposed order and the terms of the proposed determination are within the Court's power to make (s 87(1)(c)): (i) There is no challenge to the validity of the application for a consent determination. I am satisfied on the basis of the First Forrest Affidavit at [12]-[19] and the Joint Submission that the application was authorised in a manner compliant with the NTA, is a valid application and that the applicant is authorised to have agreed to the Minute; (ii) There is no approved determination of native title in relation to the area subject to the proposed determination (s 13(1)(a) of the NTA), and the terms of s 68 of the NTA are not applicable; (iii) There are no proceedings before the Court relating to native title determination applications that cover any part of the area the subject of the proposed determination which would otherwise require orders to be made under s 67(1) of the NTA; (iv) The form of the proposed determination outlined in the Minute complies with s 94A of the NTA by setting out the details of the matters required by s 225 of the NTA; (v) The proposed determination concerns rights and interests which the Australian common law is able to recognise (s 223(1)(c)); and (vi) The requirements of s 87 of the NTA are otherwise satisfied. 21 I turn now to consider whether the proposed order is appropriate (s 87(1A) and 87(2)).

Whether it is appropriate to make the orders sought

The Applicable Principles 22 The requirement that the Court be satisfied that the order is "appropriate" is present in both ss 87 and 87A. The applicable principles are the same. 23 I set out my consideration of what the Court requires in order to be satisfied that the order is "appropriate" in Davey on behalf of the Mayala #2 Native Title Claim Group v State of Western Australia [2019] FCA 1137 as follows: [14] As I said in Jones on behalf of the Yinhawangka People v State of Western Australia [2017] FCA 801 at [45], the focus of the Court is upon determining whether there is an agreement between the parties and whether that agreement was freely entered into on an informed basis: Hughes (on behalf of the Eastern Guruma People) v State of Western Australia [2007] FCA 365 at [9] (Bennett J). As observed by North J in Ward v State of Western Australia [2006] FCA 1848 at [8]: The Act makes mediation the primary means of resolution of native title cases. It is designed to encourage parties to take responsibility for resolution of proceedings without the need for litigation. Section 87 must be construed in this context. The section provides a power which is exercisable only when an agreement has been made. The power must be exercised flexibly and with regard to the purpose for which the section is designed. The section should not be construed to require parties in agreement to produce evidence as if in a trial … [15] I also said in Jones at [44] that in determining where it is appropriate to make the determination sought by the parties, the Court exercises a discretion that must be exercised judicially and within the broad boundaries ascertained by reference to the subject matter, scope and purpose of the NTA: Brown (on behalf of the Ngarla people) v State of Western Australia [2007] FCA 1025 at [22] (Bennett J). [16] Like Mortimer J in Freddie v Northern Territory [2017] FCA 867 at [20], I accept that it is also important to see the exercise of the judicial power in ss 87 and 87A of the NTA in the context of the Court's jurisdiction as a whole, and its foundational legislation, the Federal Court of Australia Act 1976 (Cth), and in particular s 37M and s 37N of that Act. [17] Further, in Brown v Northern Territory of Australia [2015] FCA 1268 at [23], in describing the task to be undertaken by the Court, Mansfield J said this: The Court is not required to embark upon an inquiry as to the merits of the claim to be itself satisfied that the orders are supported and in accordance with law: Cox on behalf of the Yungngora People v State of Western Australia [2007] FCA 588 at [3] per French J. However, the Court will consider evidence for the limited purpose of determining whether the State has made a rational decision and is acting in good faith: Munn for and on behalf of the Gunggari People v State of Queensland (2001) 115 FCR 109 at [29]-[30] per Emmett J. [18] The State has a public responsibility to ensure that its agreement to the order proposed is in the interests of the community it represents. That responsibility involves, but it is not limited to, satisfaction by the State that there is a sufficient basis for concluding that the proposed determination is capable of satisfying the requirements of s 225 of the Native Title Act. As Mortimer J said in Freddie: 23. …A s 87 agreement may be reached on behalf of the State (or Territory), and other parties, without the level of proof required in a contested application. Inherent in parties' agreement to resolve claims by settlement rather than litigation, as in other areas of the law, is a willingness to abide by an outcome without the exhaustive and detailed investigation that accompanies a trial of contested issues of fact and law. The public interest in an outcome of this kind is considerable: see Prior on behalf of the Juru (Cape Upstart) People v State of Queensland (No 2) [2011] FCA 819 at [26], Rares J. 24. The Court is entitled to rely on the processes established by a State (or Territory) for the assessment of claims to native title and, without abdicating its task of determining that the matters set out in s 225 are present in a particular application, is entitled to proceed on the basis the State (or Territory) has made a reasonable and rational assessment of the material to which it has access in deciding to enter into a s 87 agreement: see, in relation to a similar point with respect to s 223 of the Act, King on behalf of the Eringa Native Title Claim Group and the Eringa No 2 Native Title Claim Group v State of South Australia [2011] FCA 1387 at [21] (Keane CJ). 24 The requirements of s 87(2) of the NTA will likely be met where the Court is satisfied that a relevant government respondent - such as the State - has, through competent legal representation, satisfied itself as to the cogency of the evidence upon which an applicant relies: Jones on behalf of the Yinhawangka People v State of Western Australia [2017] FCA 801 at [46] (Bromberg J). This requires the Court to have an understanding of the process that led to agreement, and in particular how the State (or Territory) went about assessing the underlying evidence as to the existence of native title. Other considerations relevant to whether a free and informed agreement has been reached between the parties include: whether the parties have independent and competent legal representation: Munn (for and on behalf of the Gunggari people) v Queensland (2001) 115 FCR 109 at [29] (Emmett J); Lovett on behalf of the Gunditjmara People v Victoria [2007] FCA 474 at [39]-[40] (North J); whether the terms of the proposed order are unambiguous and certain as to the rights declared: Munn at [32] (Emmett J); and whether the agreement has been preceded by a mediation process: Nangkiriny v Western Australia [2004] FCA 1156 at [6] (North J); Trevor Close on behalf of the Githabul People v Minister for Lands [2007] FCA 1847 at [6] (Branson J) and Lovett at [41]-[42] (North J).

Assessment of Connection to Country 25 The applicant provided the State with the following material in support of the Darlot native title claimants' connection to, and occupation of, the Darlot claim area: (i) an anthropological report of Dr Daniel Vachon dated July 2020; (ii) a second anthropological report of Dr Daniel Vachon dated November 2020; (iii) a third anthropological report of Dr Daniel Vachon dated February 2021; (iv) an affidavit of Ms Geraldine Hogarth dated 13 August 2021; (v) an affidavit of Mr Travis Tucker dated 13 August 2021; (vi) an affidavit of Ms Joan Carol Tucker dated 22 September 2021; (vii) an affidavit of Ms Pearl Scott dated 24 September 2021; (viii) an affidavit of Ms June Harrington-Smith dated 24 September 2021; and (ix) an affidavit of Ms Verna Voss dated 24 September 2021 (collectively, the Connection Material). 26 The Joint Submission explained that the applicant and the State adopted an iterative process for dealing with the Connection Material where meetings where held, and correspondence exchanged between the provision of each anthropological report so that each supplementary report was targeted towards addressing remaining issues identified by the State. 27 In addition to the Connection Material, the applicant provided the State with earlier anthropological reports in relation to the Darlot Application prepared by Professor Neale Draper and Dr Brendan Corrigan. Anthropological reports by Dr Heather Lynes and Ms Sarah Bell, and Dr Vachon's responses to the content of those reports, were also considered by the State during the connection assessment process. 28 The Connection Material as outlined in the Joint Submission, supports the conclusion that the native title rights and interests in the Determination Area are derived from a body of traditional laws and customs maintained and transmitted from generation to generation since prior to the declaration of British sovereignty in Western Australia in 1829. Effective sovereignty in the Determination Area occurred between 1890-1905, reflecting the first gold rush in the region. 29 As the Joint Submission states, the Darlot native title holders like their ancestors, are members of the Western Desert society and follow the system of traditional laws and customs that is shared with other members of the WDCB. This society is characterised by 'multiple pathways' to acquiring rights and interests in land and waters and the fundamental importance of thukurr in governing societal and political relations between its members. 30 The Darlot native title holders hold rights and interests in the Determination Area under their system of traditional law through the 'multiple pathways' system of the WDCB. Birth within the claim area and/or descent from an ancestor born on the claim area are the principal sources from which rights and interests in the Determination Area are derived. However, there are other avenues through which people gain rights in country, most notably long-term association with the Determination Area and responsibility for its religious geography that are recognised in accordance with traditional laws and customs. 31 By reference to the Connection Material, the Joint Submission states that the Darlot people share with their neighbours to the north and east a belief in the thukurr. Observance of the thukurr requires the Darlot claimants to maintain and protect significant sites in the Determination Area including places imbued with spiritual or cosmological significance. Such places include birth and burial places of the claimants' forebears as well as important thukurr sites, and law grounds of various kinds. It is common for important thukurr locations to be associated with age and gender prohibitions which highlight the importance accorded to transmission of cultural knowledge and ongoing respect for the traditions held by the senior generation. 32 Further, as the Joint Submission recounts, the word thukurr, what the eminent anthropologist Ronald Berndt called the 'physiographic mythology', has been found to be a key cultural concept for people throughout the Western Desert, including the Darlot people. Among the Darlot people, thukurr has both an ontological and aetiological role in the origin and emergence of geographic forms. Dr Vachon identified that of the several thukurr known to the Darlot native title holders as being associated with the Determination Area, two stand out: Wati Kutharra and Kumpuwarn. Wati Kutharra is a narrative, song-line and part of those ceremonies which are directed at the transmission of knowledge and socialisation of men. One of the key cultural practices among the Darlot Mob, introduced by Wati Kutharra, concern the rites of male initiation. Kumpuwarn is regarded as 'women's business' and it concerns the regeneration of the land through the flow of water. As the Joint Submission stated, both thukurr concern traditions and practices directed towards the ongoing vitality of the Darlot Mobs' land and their society as they know it. They also circumscribe the cultural geography of the claim area to a considerable extent. 33 As the Joint Submission contend by reference to the Connection Material, for the Darlot native title holders, an apical ancestor's customary lands or 'country', that is, that area to which an apical ancestor has rights and interests according to traditional laws and customs, is generally referred to as their ngurra. This is a complex relationship, described by Dr Vachon as follows: One's ngurra is as much an accomplishment as what might be considered an inheritance. Along with birthplace, other indeterminate bases of land-ownership are tied to culturally-privileged life-cycle events. These include: early life on the land, area of habitual occupation, initiation and acquisition of cultural knowledge, and place of death. 34 Through the multiple pathways system, an individual has rights to his or her own country in the Determination Area and this local connection accords such persons membership of the Darlot Mob and therefore shared rights in the entire Determination Area. 35 Dr Vachon identified both the provenance of the Darlot Mob and their unity as a group is the following observations: In summary, the antecedents of the claimants were members of an amalgamated group of regularly-interacting consociates that was formed in about the early 1920's in the Darlot area. For some, known as Tjupan-Pini, their ngurra extended into the claim area at the time of sovereignty. For others, often called Koara, they originated from adjacent lands to the east and their ngurra came to be regarded as being within the claim area. The descendants of these people, often called the Darlot Mob, comprise the present claimant group. Along with the Darlot Mob, a number of initiated men married local woman [sic] of the Darlot area and took on rights and responsibilities in regard to the Law. All of these men are deceased and their rights were non-transmissible. … A strong emotional bond was created between the claimants as they were growing up and mamarli. As Verna Voss put it: 'My heart melts when I think of those old people. They were around us; we were part of them, even though we weren't initiated men'. In my opinion, the unity of the claimants as a group arises, in part, from a common sentiment towards mamarli and to the 'Law' these senior men 'looked after' on behalf of succeeding generations. 36 In the Joint Submission, the applicant and the State submitted that it was appropriate for the Court to make the determination they sought on the following basis: (i) Throughout the case and the case management process, including the consent determination negotiation process, the applicant and the State have been legally represented. (ii) The State has played an active role in the negotiation of the proposed consent determination. In doing so, the State, acting on behalf of the community generally, having regard to the requirements of the NTA and through a rigorous and detailed assessment process, has satisfied itself that the consent determination is justified in all of the circumstances. (iii) The Connection Material provided to the State is, in the State's view, sufficient to demonstrate that the Darlot Application has a credible basis and that the native title claimants have maintained a physical presence in the Determination Area since the acquisition of British sovereignty. In addition, evidence of their continuing physical and spiritual involvement in the Determination Area was sufficient to enable the State to conclude that this connection had not been severed. Taken together, the State was satisfied that the material presented was sufficient to evidence the maintenance of connection to the Determination Area in accordance with Western Desert traditional law and custom. (iv) The State conducted searches of land tenure, mining and petroleum registries to determine the nature and extent of "other interests" (under s 225(c) of the NTA) within the Determination Area, and those interests are included in Schedule 6 to the Orders. 37 In addition to the above matters, I would add that the Minute has been negotiated through a case management and mediation process with the assistance of a Registrar of the Court who is experienced in dispute resolution in native title cases. 38 Having regard to the above matters, I am satisfied that the State, acting on behalf of the broader community, has taken a real interest in the proceeding and has engaged in a thorough examination of the application such that it is properly satisfied that there is a credible basis for making the proposed determination. I am therefore satisfied that the proposed order is appropriate and that the requirements made by s 87 of the NTA have been met.

THE DESCRIPTION OF THE DARLOT NATIVE TITLE HOLDERS 39 The Minute proposes the determination of native title in respect of the native title holders described in Schedule 7 to the Orders. The native title holders are described there as: (a) Those Aboriginal people who are recognised under traditional law and custom as having rights in some or all of the Determination Area on one or more of the following bases: (i) biological and/or socially recognised descent from one or more of the owners, under traditional law and custom, or some or all of the Determination Area at the time of non-Aboriginal settlement; (ii) their own or an ancestor's birth on the Determination Area; (iii) their own or an ancestor's long association with the Determination Area; or (iv) the holding of religious, sacred or ritual authority under traditional law and custom for one or more places on the Determination Area. (b) The descendants of the following ancestors are recognised under traditional law and custom as having rights in some or all of the Determination Area under categories (i) and (ii) above: (i) Majika mother's mother of Telpha Ashwin, Jumbo Harris and Kweelah; (ii) Siblings Peter Inkie, Jilyu Fanny and Titjipu - Peter Foley; (iii) Billy and his two wives Mary Ann and Mary parents of Daisy Cordella, Maggie (aka Wilgie), Julia aka Mundai, Amy aka Jinan Rex, Annie, Maniwa and Winnie; (iv) Inyarndi mother of Big Paddy Wheelbarrow, Little Paddy Wheelbarrow and Jimmy Wheelbarrow; (v) Ruby Shea; (vi) Siblings Andy Fisher and Natha; (vii) Siblings Beaman aka Charlie, Thadi and Dinah Evans; (viii) Nobby Nixon and his sister Milibindi; (ix) Mary Naringa; (x) Queenie Swan; (xi) Sarah Ashwin nee Brown (Marakali); and (xii) Minnie Narrier. 40 The Joint Submission identified that the native title holders described in Schedule 7 to the Orders do not precisely align with the native title claim group described in the Darlot Application. The Darlot Application had included the phrase "migration to and" prior to the words "long association" as a basis for holding native title in sub-paragraph (a)(iii) above. 41 The Joint Submission submitted that I should make the determination in the terms proposed in the Minute because the amended description in Schedule 7 to the Orders was the result of additional anthropological consideration; was agreed to by the native title claim group; does not exclude any person said to hold native title rights and interests in the Determination Area, but, rather, ensures that all those who have been identified and accepted as holding native title are accurately captured; and, has been accepted and agreed to by the State. 42 The Court is not limited to making a determination in the form sought in an application for the determination of native title and may proceed to make a determination in such form as it sees fit based on the evidence, provided the application remains valid: see Billy Patch and Others on behalf of the Birriliburu People v State of Western Australia [2008] FCA 944 at [18] (French J); Watson on behalf of the Nyikina Mangala People v State of Western Australia (No 6) [2014] FCA 545 at [33] (Gilmour J) and Jones [2017] FCA 801 at [38] (Bromberg J). 43 For the reasons given by the parties in the Joint Submission, in my view it is appropriate to adopt the description of the native title holders identified in Schedule 7 to the Orders.

NOMINATION OF A PRESCRIBED BODY CORPORATE 44 Where the Court proposes to make a determination that native title exists it must determine whether the native title is to be held in trust and if so by whom: ss 55 and 56(1) of the NTA. The Court may determine that the native title is to be held in trust if the common law holders have given a nomination of the kind referred to in s 56(2)(a) of the NTA. 45 Annexed to the Third Forrest Affidavit was a written notice by a representative of the native title claimants nominating the Watarra Aboriginal Corporation (ICN 9712) incorporated under the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Cth) to be the prescribed body corporate and trustee of the native title on behalf of the native title claimants. At a meeting of the Watarra Aboriginal Corporation's Board of Directors on 6 April 2022, the directors resolved to accept the nomination to be the prescribed body corporate to hold and manage the native title determined in this proceeding in trust for the native title claimants. 46 It is therefore appropriate to make an order that the Watarra Aboriginal Corporation (ICN 9712) shall hold the determined native title in trust for the Darlot native title holders pursuant to s 56(2)(b) of the NTA.

CONCLUSION 47 I am satisfied that the requirements of the NTA are met and that it is appropriate that the orders and the determination of native title proposed by the parties should be made. Those orders recognise that which has always existed under the traditional laws and customs which govern the Determination Area but, regretfully, has never before been acknowledged by Australian law. 48 I congratulate the parties on reaching their agreement and will make orders in the terms proposed by them. I certify that the preceding forty-eight (48) numbered paragraphs are a true copy of the Reasons for Judgment of the Honourable Justice Bromberg.

Associate: Dated: 5 July 2022

1. When interpreting the references in this column: GG = Government Gazette (followed by the date in day, month, year format, followed by page number) CMA = Central Mapping Agency CPP = Cancelled Public Plan DP = Deposited Plan D = Document (e.g. Road 165 = Document I60229) P = Plan PP = Public Plan
2. When interpreting the references in this column: GG = Government Gazette (followed by the date in day, month, year format, followed by page number) CPP = Cancelled Public Plan DP = Deposited Plan
3. When interpreting the references in this column: GG = Government Gazette (followed by the date in day, month, year format, followed by page number) CMA = Central Mapping Agency CPP = Cancelled Public Plan DP = Deposited Plan D = Document (e.g. Road 165 = Document I60229) P = Plan PP = Public Plan