Karlka Nyiyaparli Aboriginal Corporation RNTBC v State of Western Australia

National Practice Area: Native Title

Number of paragraphs: 18

Date of hearing: Determined on the papers

Solicitor for the Applicant: Dr C Tan of Yamatji Marlpa Aboriginal Corporation

Solicitor for the State of Western Australia: Ms A Warren of the State Solicitors Office

Representative for Alinta Energy (Chichester) Pty Ltd: Mr R Slaughter

Solicitor for Telstra Corporation Limited: Mr SE Singleton of King & Wood Mallesons

Solicitor for BHP Billiton Minerals Pty Ltd, BHP Iron Ore (Jimblebar) Pty Ltd, Itochu Minerals & Energy of Australia Pty Ltd, Mitsui Iron Ore Corporation Pty Ltd, Mitsui-Itochu Iron Pty Ltd, BHP Billiton Direct Reduced Iron Pty Ltd and Pilbara Pastoral Company Pty Limited: Ms S Audeyev of King & Wood Mallesons

Solicitor for Hamersley Exploration Pty Limited, Hamersley Iron Pty Limited, Hamersley Iron-Yandi Pty Limited, Hamersley Resources Limited, Hamersley WA Pty Ltd, Hope Downs Iron Ore Pty Ltd, Mitsui Iron Ore Development Pty Ltd, Nippon Steel Australia Pty Limited, Nippon Steel Raw Materials Australia Pty Ltd, North Mining Limited and Robe River Mining Co Pty Ltd: Mr A Gay of Ashurst Australia

Representative for John Albert Hine and Jonathon Barry Hine: Mr JA Hine

Solicitor for Heather Rosemary Foote and Herbert Nicholas Foote: Mr M Gregory of Castledine Gregory

Solicitor for Kimberly Quarry Pty Ltd: Ms AV Macmaster of All Mining Legal Pty Ltd

BETWEEN: KARLKA NYIYAPARLI ABORIGINAL CORPORATION RNTBC Applicant

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

order made by: COLVIN J DATE OF ORDER: 19 january 2021

A Proceeding WAD 90 of 2020 (Nyiyaparli Variation Application) is made pursuant to s 13(1)(b) and s 61(1) of the Native Title Act 1993 (Cth). It seeks a variation to the approved determination of native title made by Barker J in proceedings WAD 6280 of 1998 and WAD 196 of 2013 on 26 September 2018 (the Nyiyaparli determination): see Stock on behalf of the Nyiyaparli People v State of Western Australia (No 5) [2018] FCA 1453. B. The Nyiyaparli determination was made in accordance with a Minute of Proposed Consent Orders filed on 19 September 2018 (the Minute). The Minute included an agreement by the parties in WAD 6280 of 1998 and WAD 196 of 2013 that the registered native title body corporate may seek a variation of the Nyiyaparli determination as it related to the application of s 47B of the Native Title Act in the event that the decision of the Full Court of the Federal Court in BHP Billiton Nickel West Pty Ltd v KN (Deceased) [2018] FCAFC 8 (BHP v KN) was subsequently overturned by the High Court. By reason of the Full Court's decision, s 47B(2) of the Native Title Act could not apply to certain areas (as listed in Recital F of the Nyiyaparli determination) that were covered by exploration or prospecting licences at the relevant time. C. The parties to the Nyiyaparli determination also agreed that one or more members of the native title claim group 'occupied' (within the meaning of s 47B(1)(c) of the Native Title Act) the areas listed in Recital F at the relevant time and that, but for prior extinguishment and the effect of BHP v KN, the native title rights in those areas would be those exclusive native title rights listed in paragraph 4 of the Nyiyaparli determination: see Recital D of the Nyiyaparli determination. D. On 17 April 2019 the High Court of Australia delivered judgment in Tjungarrayi v Western Australia [2019] HCA 12, unanimously allowing two appeals from decisions of the Full Court of the Federal Court of Australia in BHP v KN and Attorney-General v Helicopter-Tjungarrayi [2018] FCAFC 35. In doing so the High Court held that the presence of exploration or prospecting licences or permits did not prevent the disregarding of extinguishment under s 47B(2) of the Native Title Act in respect of land or waters covered by such licences or permits. E. Accordingly, the Nyiyaparli Variation Application seeks to vary the Nyiyaparli determination by recognising the application of s 47B (and a right of exclusive possession) over those land and waters identified in Recital F of the Nyiyaparli determination. F. The Applicant in the Nyiyaparli Variation Application, the State of Western Australia and the other respondent party (the parties) have reached an agreement as to the terms of the orders, and including a varied determination of native title, to be made in relation to the Nyiyaparli Variation Application. G. The parties have filed with the Court this Minute of Proposed Orders and Varied Determination of Native Title setting out the terms of the agreement reached by the parties in relation to the Nyiyaparli Variation Application. BEING SATISFIED that orders in the terms sought by the parties are within the power of the Court and, it appearing to the Court appropriate to do so pursuant to s 13(5) of the Native Title Act, and by the consent of the parties:

The determination of native title at Attachment A to the orders made by Justice Barker in Stock on behalf of the Nyiyaparli People v State of Western Australia (No 5) [2018] FCA 1453 on 26 September 2018 be varied as follows: (a) delete the maps in Schedule Two and replace them with the maps contained in Schedule Two of the Varied Determination of Native Title provided for in Attachment A; (b) in clause 2(a) of Schedule Three, delete all the words from and including 'Excluding' to the end of clause 2(a); (c) in clause 2(b) of Schedule Three, delete all the words from and including 'Excluding' to the end of clause 2(b); (d) in clause 2(c) of Schedule Three, delete all the words from and including 'Excluding' to the end of clause 2(c); (e) in clause 2(d) of Schedule Three, delete all the words in sub-paragraph (i) and renumber sub-paragraph (ii) to sub-paragraph (i); and (f) in clause 2(e) of Schedule Three, delete all the words from and including 'Excluding' to the end of clause 2(e); and (g) in the last sentence of the chapeau to Schedule Six replace the words 'the date of the determination' with the words '26 September 2018'. 2. The determination of native title as varied by order 1 above is in the form of the Varied Determination of Native Title provided for in Attachment A. 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 DETERMINATION THE COURT ORDERS, DECLARES AND DETERMINES THAT: Existence of native title (s 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 the subject of the interests identified in Schedule Four, which are shown as generally shaded pink on the maps in Schedule Two. Native title holders (s 225(a) Native Title Act)
3. The native title in the Determination Area is held by the Nyiyaparli People. The Nyiyaparli People are the people described in Schedule Seven. The nature and extent of native title rights and interests and exclusiveness of native title (s 225(b) and (e) Native Title Act) Exclusive rights and interests
4. Subject to paragraphs 6, 7, 8, and 11, the nature and extent of the native title rights and interests in relation to the Exclusive Area is: (a) except in relation to flowing and underground water, the right to possession, occupation, use and enjoyment to the exclusion of all others; and (b) in relation to flowing and underground water, the right to use and enjoy the flowing and underground water, including: (i) the right to hunt on, fish from, take and use the traditional resources of the flowing and underground water; and (ii) the right to take and use the flowing and underground water. Non-exclusive rights and interests
5. Subject to paragraphs 6, 7, 8, and 11, the nature and extent of the native title rights and interests in relation to the Non-Exclusive Area are that they confer the following non-exclusive rights on the Nyiyaparli People, including the right to conduct activities necessary to give effect to them: (a) the right to live, being to enter and remain on the land, to camp and erect shelters and other structures for that purpose, and travel over and visit any part of the land and waters of the Non-Exclusive Area; (b) the right to hunt, fish, gather, take and use the traditional resources of the Non-Exclusive Area; (c) the right to take and use water in the Non-Exclusive Area; (d) the right to engage in cultural activities and the transmission of cultural knowledge on the Non-Exclusive Area, including: (i) visiting places of cultural or spiritual importance and maintaining, caring for, and protecting those places by carrying out activities to preserve their physical or spiritual integrity; and (ii) conducting ceremony and ritual, including burial and burial rites; and (e) the right to be accompanied on the Non-Exclusive Area by those people who, though not native title holders and who (for the avoidance of doubt) cannot themselves exercise any native title right in the Determination Area, are: (i) spouses, parents or children of the native title holders; or (ii) people required by or entering in connection with traditional law and custom for the performance of ceremonies or cultural activities on the Non-Exclusive Area. Qualifications on the native title rights and interests
6. The native title rights and interests are subject to and exercisable in accordance with: (a) the laws of the State and the Commonwealth, including the common law; and (b) the traditional laws and customs of the Nyiyaparli People for personal, domestic and communal purposes (including social, cultural, religious, spiritual and ceremonial purposes).
7. Notwithstanding anything in this Determination, there are no native title rights and interests in the Determination Area in relation to: (a) 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); or (b) petroleum as defined in the Petroleum Act 1936 (WA) (repealed) and in the Petroleum and Geothermal Energy Resources Act 1967 (WA); (c) geothermal energy resources and geothermal energy as defined in the Petroleum and Geothermal Energy Resources Act 1967 (WA); or (d) water captured by the holders of the Other Interests pursuant to those Other Interests.
8. The native title rights and interests set out in paragraphs 4(b) and 5 do not confer: (a) possession, occupation, use and enjoyment on the Nyiyaparli People to the exclusion of all others; or (b) a right to control the access to, or use of, the land and waters of the Determination Area or its resources. Areas to which s 47, s 47A or s 47B of the Native Title Act apply
9. Section 47A and s 47B of the Native Title Act apply to disregard prior extinguishment in relation to the areas described in clauses 1 and 2, respectively, of Schedule Five. The nature and extent of any other interests (s 225(c) Native Title Act)
10. The nature and extent of the Other Interests are described in Schedule Six. Relationship between native title rights and other interests (s 225(d) Native Title Act)
11. 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) 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, (b) the existence and exercise of the native title rights and interests do not prevent the doing of any activity required or permitted to be done by or under the Other Interests, and the Other Interests, and the doing of any activity required or permitted to be done by or under the Other Interests, prevail over the native title rights and interests and any exercise of the native title rights and interests but do not extinguish them. Liberty to Apply
12. The parties have liberty to apply to establish the precise location and boundaries of the public works and adjacent land and waters identified in relation to any part or parts of the Determination Area referred to in clause 5 of Schedule Four of this Determination. Definitions and Interpretation
13. In this Determination, unless the contrary intention appears: Commonwealth means Commonwealth of Australia; 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 generally shown as shaded green on the maps in Schedule Two); Flowing water means the following water within the Determination Area: (a) water which flows, whether permanently, intermittently or occasionally, within any river, creek, stream or brook; and (b) any natural collection of water into, through, or out of which a river, creek, stream or brook flows; land has the same meaning as in the Native Title Act and, for the avoidance of doubt, includes any natural collection of water found on the land which does not fall within the definition of 'waters'; Native Title Act means the Native Title Act 1993 (Cth); native title holders means the Nyiyaparli People as described in Schedule Seven and referred to in paragraph 3; 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. These lands and waters are generally shown as shaded yellow on the maps at 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 10; resources means flora, fauna, and other natural resources such as charcoal, stone, soil, wood, 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)); State means State of Western Australia; underground water means water from and including an underground water source, including water that percolates from the ground; use includes by way of share and exchange; and waters has the same meaning as in the Native Title Act.
14. In the event of any inconsistency between the written description of an area in Schedule One, Schedule Three, Schedule Four, Schedule Five, or Schedule Six and the area as depicted on the maps in Schedule Two, the written description prevails. SCHEDULE ONE DETERMINATION AREA The Determination Area, generally shown as bordered in blue on the maps in Schedule Two, comprises all land and waters in the following descriptions: WAD 6280 of 1998 All those lands and waters commencing at Latitude 22.025709 South and Longitude 120.965618 East and extending southeasterly to a western boundary of Reserve 12297 at Latitude 22.176991; Then southeasterly to Latitude 22.185703 South, Longitude 121.407723 East; Then southwesterly to a western boundary of Reserve 12297 at Latitude 22.267179 South; Then southwesterly to a western boundary of Reserve 12297 at Latitude 22.349350 South; Then southwesterly to an eastern boundary of the eastern severance of Pastoral Lease N049553 (Balfour Downs) at Latitude 22.690004 South; Then southwesterly to a southern boundary of the eastern severance of Pastoral Lease N049553 (Balfour Downs) at Longitude 121.255422 East being a point on the present boundary of Native Title Determination WAD6110/1998 Martu (Area A) (WCD2002/002); Then generally southwesterly along the boundary of that native title determination to an northern boundary of the eastern severance of Pastoral Lease N049553 (Balfour Downs) at Longitude 121.221018 East; Then southwesterly to a southern boundary of the eastern severance of Pastoral Lease N049553 (Balfour Downs) at Longitude 121.145159 East being a point on the present boundary of Native Title Determination WAD6110/1998 Martu (Area A) (WCD2002/002); Then generally southwesterly along the boundary of that native title determination to an eastern boundary of Pastoral Lease N049546 (Robertson Range) at Latitude 23.497899 South; Then southwesterly to Latitude 23.565459 South, Longitude 120.871261 East; Then southwesterly to a southern boundary of the eastern severance of Reserve 41265 at Longitude 120.696113 East being a point on the present boundary of Native Title Determination WAD6110/1998 Martu (Area A) (WCD2002/002); Then southwesterly along the boundary of that native title determination to an eastern boundary of the eastern severance of Pastoral Lease N049890 (Weelarrana) at Latitude 23.751355 South; Then southwesterly to Latitude 23.799908 South, Longitude 120.618550 East; Then southwesterly to a southern boundary of the eastern severance of Pastoral Lease N049890 (Weelarrana) at Longitude 120.568181 East being a point on the present boundary of Native Title Determination WAD6110/1998 Martu (Area A) (WCD2002/002); Then southwesterly along the boundary of that native title determination to Latitude 23.998656 South, Longitude 120.508828 East being a point on the present boundary of Native Title Determination WAD6284/1998 Birriliburu People (Part A) (WCD2008/002); Then westerly and southerly along the boundaries of that native title determination to Latitude 24.012185 South, being a point on the present boundary of Native Title Determination WAD6002/2003 Gingirana (WCD2017/011); Then southwesterly, generally westerly and generally northwesterly along the boundaries of the native title determination to the intersection of the centreline of an unnamed intermittent creek with Latitude 24.424384° South also being a point on the present boundary of Native Title Determination WAD78/2005 Ngarlawangga People (WCD2016/007); Then generally northerly along the boundaries of that native title determination to Latitude 23.800165 South, Longitude 119.730429 East; Then northerly, northwesterly and southwesterly through the following coordinate positions. Latitude (South) Longitude (East) 23.799776 119.730443 23.517542 119.659365 23.586534 119.564249

Then northwesterly to Latitude 23.505056 South, Longitude 119.363043 East being a point on the present boundary of Native Title Determination WAD78/2005 Ngarlawangga People (WCD2016/007); Then generally northwesterly along the boundary of that native title determination to Latitude 23.249178 South, Longitude 119.141883 East; Then generally northerly and generally westerly through the following coordinate positions. Latitude (South) Longitude (East) 23.063501 119.155112 23.003843 119.165211 23.003396 119.163741 23.001105 119.153405 23.000125 119.146432 22.999049 119.143061 22.997148 119.136689 22.995623 119.130872

Then westerly to Latitude 22.995316 South, Longitude 119.127503 East, being a point on the present boundary of Native Title Determination WAD6096/1998 Banjima People (WCD2014/001); Then northeasterly and generally northwesterly along the boundaries of that native title determination to Latitude 22.345315 South, Longitude 119.115406 East; Then generally easterly through the following coordinate positions. Latitude (South) Longitude (East) 22.332946 119.241060 22.264352 119.938288 22.291786 120.176544 22.389190 120.828284

Then northeasterly back to the commencement point. Note: Geographic Coordinates provided in Decimal Degrees. Cadastral boundaries sourced from Landgate's Spatial Cadastral Database dated 29 March 2018. For the avoidance of doubt the application excludes any land and waters already claimed by: Native Title Determination WAD6110/1998 Martu (Area A) (WCD2002/002) as Determined in the Federal Court on 27 September 2002. Native Title Determination WAD6284/1998 Birriliburu People (Part A) (WCD2008/002) as Determined in the Federal Court on 20 June 2008. Native Title Determination WAD6002/2003 Gingirana (WCD2017/011) as Determined in the Federal Court on 7 December 2017. Native Title Determination WAD78/2005 Ngarlawangga People (WCD2016/007) as Determined in the Federal Court on 7 December 2016. Native Title Determination WAD6096/1998 Banjima People (WCD2014/001) as Determined in the Federal Court on 11 March 2014. Native Title Determination Application WAD196/2013 Nyiyaparli #3 (WC2013/003) as Registered in the Federal Court on 27 August 2013. Native Title Determination Application WAD6287/1998 Palyku (WC1999/016) as Registered in the Federal Court on 2 August 1999. Native Title Determination Application WAD6028/1998 Nyamal (WC1999/008) as Registered in the Federal Court on 28 September 2007. Native Title Determination Application WAD289/2018 Nyamal Overlap Claim (WC2018/011) as Filed in the Federal Court on 28 June 2018. Datum: Geocentric Datum of Australia 1994 (GDA94) Prepared By: Graphic Services (Landgate) 3 August 2018 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. WAD 196 of 2013 AREA 1 All those lands and waters commencing at Latitude 23.063501 South, Longitude 119.155112 East and extending northerly and generally westerly through the following coordinate positions. Latitude (South) Longitude (East) 23.003843 119.165211 23.003396 119.163741 23.001105 119.153405 23.000125 119.146432 22.999049 119.143061 22.997148 119.136689 22.995623 119.130872

Then westerly to Latitude 22.995316 South, Longitude 119.127503 East, being a point on the present boundary of Native Title Determination WAD6096/1998 Banjima People (WCD2014/001); Then generally southwesterly along the boundaries of that native title determination to Latitude 23.035240 South, Longitude 118.926692 East, being a point on the present boundary of Native Title Determination WAD340/2010 Yinhawangka Part A (WCD2017/003); Then generally southwesterly along the boundaries of that native title determination to Longitude 118.879717 South, being a point on the present boundary of Native Title Determination WAD78/2005 Ngarlawangga People (WCD2016/007); Then southeasterly along the boundary of that native title determination to Latitude 23.249178 South, Longitude 119.141883 East; Then northerly back to the commencement point. AREA 2 All those lands and waters commencing at Latitude 23.505056 South, Longitude 119.363043 East being a point on the present boundary of Native Title Determination WAD78/2005 Ngarlawangga People (WCD2016/007); Then southeasterly along the boundary of that native title determination to the intersection with a western boundary of Native Title Application WAD6280/1998 Nyiyaparli People (WC2005/006) at Latitude 23.800165 South; Then northerly, northwesterly and southwesterly along the boundaries of that native title application through the following coordinate positions. Latitude (South) Longitude (East) 23.799776 119.730443 23.517542 119.659365 23.586534 119.564249

Then northwesterly back to the commencement point. Note: Geographic Coordinates provided in Decimal Degrees. Cadastral boundaries sourced from Landgate's Spatial Cadastral Database dated 29 March 2018. For the avoidance of doubt the application excludes any land and waters already claimed by: Native Title Determination WAD340/2010 Yinhawangka Part A (WCD2017/003) as Determined in the Federal Court on 18 July 2017. Native Title Determination WAD78/2005 Ngarlawangga People (WCD2016/007) as Determined in the Federal Court on 7 December 2016. Native Title Determination WAD6096/1998 Banjima People (WCD2014/001) as Determined in the Federal Court on 11 March 2014. Native Title Determination Application WAD6280/1998 Nyiyaparli People (WC2005/006) as Registered in the Federal Court on 11 August 2010. Datum: Geocentric Datum of Australia 1994 (GDA94) Prepared By: Graphic Services (Landgate) 3 August 2018 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. SCHEDULE TWO MAPS OF THE DETERMINATION AREA SCHEDULE THREE EXCLUSIVE AREA (PARAGRAPH 4) Native title comprises the rights and interests set out in paragraph 4 of the Determination in relation to the following land and waters (which areas are generally shown as shaded in green on the maps in Schedule Two):

1. Areas where s 47A applies (a) The following reserves for the purpose of 'use and benefit of Aborigines', subject to clause 1(b) below in relation to Reserve 41265: Reserve No. Name Reserve 11463 Well 61 Reserve 41265 Jigalong Reserve 42835 Parnpajinya

(b) For the avoidance of doubt, the area of Reserve 41265 does not include: (i) Road 103, being the Jigalong Mission Road as described in Schedule Four, clause 4; or (ii) Road 14 (Historical), being the Weelarrana-Ethel Creek Road as described in Schedule Four, clause 4 for the purposes of this Schedule Three and paragraph 4 of the Determination. (c) The following pastoral leases, being leases which were held or on trust expressly for the benefit of Aboriginal peoples within the meaning of s 47A(1)(b)(ii) of the Native Title Act: Lease No. Name PL N049404 Walagunya Station PL N049420 Mount Divide Station PL N049546 Robertson Range Station

Areas where s 47B applies (a) Wonmunna All those lands and waters commencing at Latitude 23.055742 South, Longitude 119.126278 East and extending easterly and southerly through the following coordinate positions: Latitude (South) Longitude (East) 23.055741 119.167059 23.077529 119.167926

Then southerly to the intersection with a northern boundary of Lot 183 as shown on Deposited Plan 219300 being a point on the present northern side of the Great Northern Highway at Longitude 119.164336 East; Then generally westerly along the northern boundaries of that highway to Longitude 119.111522 East; Then northeasterly back to the commencement point. (b) Coondiner Creek PORTION 1 All those lands and waters commencing at Latitude 23.156819 South, Longitude 119.556852 East and extending southeasterly, southwesterly, westerly, northerly, again westerly, northeasterly and again southeasterly through the following coordinate positions: Latitude (South) Longitude (East) 23.162897 119.572377 23.207231 119.555638 23.205734 119.537131 23.187337 119.538872 23.181974 119.472865 23.160947 119.486818 23.183385 119.544832

Then northeasterly back to the commencement point. PORTION 2 All those lands and waters commencing at the intersection of a southern boundary of the southwestern severance of Pastoral Lease N050368 (Marillana) with Longitude 119.596290 East; Then easterly and southerly along the boundaries of that pastoral lease to a southwestern corner of the southwestern severance at approximate Latitude 23.000043 South, Longitude 119.636977 East; Then generally southwesterly, northwesterly, southwesterly and again northwesterly through the following coordinate positions: Latitude (South) Longitude (East) 23.070603 119.608190 23.082976 119.602235 23.121108 119.586613 23.116114 119.573910 23.137363 119.564155 23.115128 119.507541

Then northeasterly back to the commencement point. (c) Karlka (Kalgan Creek) All those lands and waters commencing at the intersection of a western boundary of the westernmost northwestern severance of Pastoral Lease N049724 (Ethel Creek) with Latitude 23.190922 South; Then southerly, easterly and again southerly along the boundaries of that pastoral lease to Latitude 23.215004 South; Then northwesterly, generally southwesterly, generally easterly, generally northerly, generally northeasterly, generally easterly, southeasterly and northeasterly through the following coordinate positions: Latitude (South) Longitude (East) 23.178920 119.734410 23.192118 119.728054 23.199739 119.720011 23.205435 119.708752 23.204508 119.688881 23.205303 119.676429 23.205832 119.662123 23.204508 119.651525 23.201593 119.636424 23.199077 119.624634 23.199209 119.611122 23.202653 119.600922 23.210734 119.589265 23.217225 119.575886 23.225113 119.564712 23.208095 119.566323 23.198679 119.564626 23.186095 119.585688 23.180796 119.604367 23.179520 119.614859 23.182685 119.622950 23.174655 119.626638 23.192299 119.671590 23.181494 119.676552 23.168045 119.724675 23.197239 119.821864 23.181489 119.829449

Then southeasterly back to the commencement point. (d) Caramulla Creek All those lands and waters commencing at the intersection of a northern boundary of the western severance of Reserve 41265 with Longitude 120.301861 East; Then northerly to the intersection with a southern boundary of the southern severance of Pastoral Lease N049724 (Ethel Creek) at Longitude 120.300623 East; Then easterly, northerly and again easterly along the boundaries of that pastoral lease to Longitude 120.371035 East; Then southerly to the intersection with a northwestern boundary of Reserve 9700 at Latitude 23.415873 South; Then southwesterly along the northwestern boundaries of that reserve to the intersection with a northern boundary of the western severance of Reserve 41265; Then westerly along the northern boundary of the western severance of that reserve back to the commencement point. Excluding: (i) For the avoidance of doubt: (A) Road 01 (Historical), being part of the old alignment of the Great Northern Highway as described in Schedule Four, clause 4; (B) Road 14 (Historical), being the Weelarrana-Ethel Creek Road as described in Schedule Four, clause 4. (e) Mintaramunya (Mount Newman) All those lands and waters commencing at Latitude 23.273889 South, Longitude 119.594217 East and extending generally westerly, generally southwesterly, again generally westerly, generally northeasterly, generally southeasterly and westerly through the following coordinate positions: Latitude (South) Longitude (East) 23.274091 119.593396 23.274170 119.593068 23.274241 119.592777 23.274410 119.592110 23.274484 119.591799 23.274525 119.591614 23.274560 119.591441 23.274590 119.591276 23.274615 119.591118 23.274632 119.590997 23.274647 119.590874 23.274673 119.590619 23.274693 119.590350 23.274708 119.590061 23.274717 119.589787 23.274722 119.589480 23.274727 119.588353 23.274727 119.588043 23.274721 119.587718 23.274709 119.587376 23.274690 119.587009 23.274670 119.586693 23.274645 119.586339 23.274556 119.585205 23.274526 119.584807 23.274501 119.584433 23.274482 119.584094 23.274469 119.583786 23.274460 119.583493 23.274456 119.583213 23.274457 119.582944 23.274460 119.582788 23.274465 119.582625 23.274472 119.582453 23.274482 119.582270 23.274504 119.581926 23.274566 119.581084 23.274581 119.580851 23.274592 119.580641 23.274600 119.580414 23.274605 119.580201 23.274605 119.579999 23.274602 119.579805 23.274597 119.579707 23.274590 119.579604 23.274579 119.579496 23.274566 119.579381 23.274534 119.579156 23.274466 119.578734 23.274440 119.578563 23.274417 119.578388 23.274401 119.578231 23.274394 119.578140 23.274390 119.578053 23.274387 119.577969 23.274388 119.577887 23.274390 119.577808 23.274395 119.577731 23.274402 119.577656 23.274412 119.577583 23.274431 119.577470 23.274456 119.577352 23.274487 119.577229 23.274524 119.577098 23.274559 119.576983 23.274601 119.576856 23.274751 119.576427 23.274806 119.576264 23.274987 119.575711 23.275091 119.575399 23.275192 119.575107 23.275288 119.574846 23.275389 119.574590 23.275490 119.574352 23.275541 119.574238 23.275592 119.574129 23.275644 119.574022 23.275697 119.573918 23.275765 119.573792 23.275840 119.573662 23.275922 119.573528 23.276014 119.573387 23.276101 119.573260 23.276199 119.573119 23.276558 119.572622 23.276701 119.572419 23.276844 119.572207 23.276907 119.572107 23.276966 119.572012 23.277055 119.571861 23.277146 119.571701 23.277240 119.571532 23.277339 119.571350 23.277517 119.571009 23.277940 119.570188 23.278055 119.569968 23.278161 119.569772 23.278343 119.569444 23.278536 119.569104 23.278743 119.568747 23.278967 119.568367 23.279164 119.568037 23.279386 119.567671 23.280382 119.566037 23.280638 119.565611 23.280866 119.565224 23.281094 119.564832 23.281304 119.564460 23.281502 119.564104 23.281687 119.563759 23.281886 119.563380 23.282089 119.562983 23.282301 119.562564 23.282524 119.562113 23.282724 119.561704 23.282945 119.561248 23.283877 119.559304 23.284527 119.557972 23.284770 119.557471 23.284903 119.557189 23.285026 119.556926 23.285141 119.556675 23.285248 119.556434 23.285400 119.556099 23.285697 119.555465 23.285816 119.555208 23.285935 119.554939 23.286038 119.554697 23.286094 119.554556 23.286147 119.554419 23.286195 119.554286 23.286240 119.554156 23.286281 119.554029 23.286319 119.553904 23.286354 119.553781 23.286385 119.553660 23.286438 119.553432 23.286487 119.553202 23.286530 119.552969 23.286569 119.552734 23.286602 119.552498 23.286629 119.552262 23.286652 119.552026 23.286669 119.551792 23.286676 119.551645 23.286679 119.551495 23.286680 119.551341 23.286677 119.551184 23.286670 119.551023 23.286661 119.550856 23.286647 119.550685 23.286631 119.550506 23.286613 119.550346 23.286593 119.550178 23.286543 119.549812 23.286490 119.549466 23.286370 119.548714 23.286324 119.548413 23.286256 119.547961 23.286183 119.547514 23.286107 119.547074 23.286026 119.546639 23.285941 119.546210 23.285852 119.545786 23.285759 119.545368 23.285661 119.544956 23.285611 119.544758 23.285549 119.544539 23.285485 119.544324 23.285316 119.543778 23.285269 119.543620 23.285229 119.543477 23.285187 119.543317 23.285150 119.543166 23.285119 119.543023 23.285092 119.542884 23.285057 119.542673 23.285025 119.542458 23.284997 119.542239 23.284972 119.542017 23.284952 119.541790 23.284935 119.541561 23.284921 119.541329 23.284912 119.541093 23.284900 119.540659 23.284898 119.540498 23.284899 119.540352 23.284903 119.540209 23.284910 119.540075 23.284920 119.539948 23.284933 119.539826 23.284942 119.539754 23.284955 119.539680 23.284971 119.539604 23.284989 119.539523 23.285011 119.539435 23.285038 119.539339 23.285155 119.538950 23.285202 119.538779 23.285225 119.538686 23.285244 119.538598 23.285259 119.538515 23.285271 119.538434 23.285285 119.538296 23.285295 119.538150 23.285301 119.537996 23.285302 119.537830 23.285300 119.537691 23.285295 119.537537 23.285267 119.536960 23.285258 119.536719 23.285244 119.535850 23.285239 119.535641 23.285232 119.535453 23.285221 119.535247 23.285208 119.535055 23.285191 119.534873 23.285171 119.534700 23.285156 119.534559 23.285121 119.534182 23.285108 119.534071 23.285092 119.533973 23.285070 119.533863 23.285044 119.533763 23.285012 119.533671 23.284995 119.533628 23.284976 119.533586 23.284939 119.533512 23.284899 119.533440 23.284859 119.533371 23.284816 119.533306 23.284773 119.533245 23.284729 119.533189 23.284684 119.533137 23.284638 119.533090 23.284600 119.533055 23.284560 119.533020 23.284516 119.532986 23.284469 119.532952 23.284420 119.532919 23.284368 119.532886 23.284256 119.532824 23.284192 119.532792 23.284124 119.532766 23.284053 119.532743 23.283979 119.532725 23.283902 119.532710 23.283821 119.532700 23.283736 119.532694 23.283647 119.532692 23.283562 119.532693 23.283473 119.532698 23.283378 119.532706 23.283276 119.532718 23.283091 119.532744 23.282750 119.532801 23.282619 119.532821 23.282478 119.532839 23.282149 119.532869 23.282001 119.532885 23.281922 119.532897 23.281850 119.532910 23.281782 119.532924 23.281719 119.532939 23.281649 119.532960 23.281585 119.532984 23.281524 119.533010 23.281468 119.533039 23.281416 119.533071 23.281367 119.533106 23.281323 119.533144 23.281282 119.533185 23.281249 119.533225 23.281215 119.533272 23.281182 119.533324 23.281093 119.533473 23.281064 119.533518 23.281036 119.533555 23.280949 119.533668 23.280901 119.533725 23.280852 119.533774 23.280829 119.533793 23.280806 119.533810 23.280772 119.533829 23.280734 119.533843 23.280692 119.533852 23.280645 119.533857 23.280600 119.533857 23.280550 119.533855 23.280360 119.533832 23.280283 119.533826 23.280242 119.533826 23.280205 119.533828 23.280171 119.533833 23.280140 119.533841 23.280091 119.533857 23.280042 119.533877 23.279991 119.533902 23.279937 119.533932 23.279839 119.533995 23.279605 119.534158 23.279540 119.534198 23.279481 119.534232 23.279388 119.534278 23.279174 119.534379 23.279078 119.534426 23.279006 119.534465 23.278932 119.534510 23.278856 119.534560 23.278775 119.534617 23.278703 119.534672 23.278623 119.534734 23.278347 119.534960 23.278237 119.535047 23.278123 119.535132 23.278019 119.535203 23.277958 119.535241 23.277898 119.535275 23.277840 119.535305 23.277783 119.535332 23.277726 119.535355 23.277670 119.535376 23.277614 119.535393 23.277558 119.535406 23.277483 119.535420 23.277404 119.535432 23.277321 119.535441 23.277234 119.535448 23.277143 119.535452 23.277045 119.535453 23.276941 119.535453 23.276825 119.535450 23.276760 119.535446 23.276689 119.535439 23.276367 119.535394 23.276290 119.535385 23.276221 119.535381 23.276010 119.535369 23.275897 119.535367 23.275843 119.535368 23.275793 119.535372 23.275745 119.535377 23.275701 119.535385 23.275656 119.535396 23.275611 119.535411 23.275566 119.535430 23.275521 119.535452 23.275476 119.535478 23.275431 119.535508 23.275385 119.535542 23.275338 119.535580 23.275261 119.535651 23.275176 119.535736 23.275098 119.535821 23.274918 119.536023 23.274830 119.536116 23.274750 119.536194 23.274675 119.536259 23.274259 119.536600 23.273998 119.536809 23.273754 119.536996 23.273640 119.537081 23.273529 119.537160 23.273402 119.537251 23.273108 119.537468 23.272974 119.537564 23.272832 119.537662 23.272703 119.537745 23.272632 119.537788 23.272562 119.537828 23.272494 119.537864 23.272428 119.537897 23.272362 119.537927 23.272298 119.537954 23.272234 119.537977 23.272171 119.537999 23.272103 119.538018 23.272031 119.538033 23.271955 119.538045 23.271873 119.538055 23.271791 119.538061 23.271699 119.538065 23.271338 119.538069 23.271184 119.538076 23.271101 119.538082 23.271025 119.538091 23.270953 119.538104 23.270884 119.538118 23.270669 119.538171 23.270540 119.538207 23.270479 119.538227 23.270423 119.538248 23.270371 119.538271 23.270322 119.538295 23.270267 119.538328 23.270208 119.538371 23.270142 119.538426 23.270008 119.538551 23.269948 119.538602 23.269884 119.538652 23.269853 119.538671 23.269823 119.538689 23.269789 119.538706 23.269753 119.538722 23.269716 119.538736 23.269677 119.538748 23.269636 119.538759 23.269594 119.538767 23.269504 119.538779 23.269413 119.538785 23.269311 119.538786 23.269205 119.538782 23.268913 119.538766 23.268826 119.538765 23.268748 119.538766 23.268660 119.538772 23.268580 119.538783 23.268506 119.538800 23.268437 119.538821 23.268369 119.538850 23.268299 119.538886 23.268228 119.538931 23.268154 119.538984 23.268090 119.539034 23.268020 119.539094 23.267795 119.539298 23.267712 119.539371 23.267630 119.539437 23.267555 119.539493 23.267476 119.539542 23.267401 119.539582 23.267363 119.539599 23.267326 119.539613 23.267289 119.539625 23.267252 119.539634 23.267201 119.539644 23.267144 119.539651 23.267077 119.539656 23.266869 119.539665 23.266803 119.539672 23.266745 119.539683 23.266663 119.539703 23.266579 119.539729 23.266492 119.539761 23.266402 119.539799 23.266309 119.539842 23.266212 119.539891 23.266108 119.539948 23.265995 119.540014 23.265922 119.540060 23.265849 119.540111 23.265773 119.540168 23.265694 119.540233 23.265627 119.540292 23.265553 119.540358 23.265240 119.540650 23.265166 119.540717 23.265097 119.540775 23.264944 119.540899 23.264776 119.541034 23.263993 119.541646 23.263806 119.541794 23.263640 119.541929 23.263406 119.542126 23.263147 119.542349 23.262904 119.542564 23.262338 119.543068 23.262061 119.543311 23.261808 119.543527 23.261575 119.543720 23.261406 119.543851 23.261216 119.543992 23.261021 119.544129 23.260498 119.544492 23.260344 119.544602 23.260207 119.544704 23.260054 119.544823 23.259915 119.544939 23.259786 119.545053 23.259667 119.545168 23.259557 119.545280 23.259448 119.545397 23.259339 119.545517 23.259231 119.545641 23.259124 119.545770 23.259018 119.545902 23.258912 119.546038 23.258807 119.546178 23.258704 119.546321 23.258601 119.546469 23.258499 119.546620 23.258398 119.546774 23.258298 119.546933 23.258200 119.547094 23.258102 119.547259 23.258006 119.547427 23.257927 119.547572 23.257848 119.547719 23.257771 119.547869 23.257696 119.548023 23.257622 119.548179 23.257550 119.548338 23.257479 119.548500 23.257409 119.548665 23.257341 119.548832 23.257275 119.549002 23.257210 119.549175 23.257147 119.549350 23.257085 119.549527 23.257026 119.549706 23.256968 119.549888 23.256912 119.550072 23.256855 119.550265 23.256802 119.550452 23.256752 119.550633 23.256707 119.550809 23.256664 119.550981 23.256624 119.551150 23.256587 119.551314 23.256554 119.551476 23.256523 119.551635 23.256495 119.551791 23.256471 119.551944 23.256449 119.552094 23.256430 119.552242 23.256414 119.552387 23.256401 119.552530 23.256390 119.552670 23.256383 119.552843 23.256381 119.553019 23.256386 119.553200 23.256398 119.553384 23.256416 119.553573 23.256440 119.553768 23.256472 119.553970 23.256509 119.554180 23.256545 119.554354 23.256585 119.554537 23.256631 119.554728 23.256682 119.554934 23.256784 119.555314 23.257039 119.556230 23.257104 119.556476 23.257160 119.556698 23.257215 119.556931 23.257262 119.557149 23.257302 119.557358 23.257336 119.557558 23.257387 119.557902 23.257441 119.558286 23.257613 119.559589 23.257681 119.560086 23.257751 119.560571 23.257917 119.561685 23.257992 119.562210 23.258172 119.563468 23.258250 119.564042 23.258287 119.564341 23.258319 119.564621 23.258347 119.564887 23.258370 119.565142 23.258377 119.565242 23.258381 119.565354 23.258383 119.565474 23.258384 119.565823 23.258387 119.565932 23.258392 119.566029 23.258402 119.566139 23.258415 119.566241 23.258433 119.566336 23.258456 119.566426 23.258489 119.566536 23.258528 119.566646 23.258572 119.566757 23.258621 119.566867 23.258674 119.566975 23.258731 119.567081 23.258791 119.567184 23.258854 119.567284 23.258886 119.567329 23.258921 119.567375 23.258961 119.567421 23.259004 119.567468 23.259099 119.567563 23.259300 119.567750 23.259384 119.567830 23.259427 119.567875 23.259467 119.567919 23.259502 119.567961 23.259535 119.568003 23.259577 119.568061 23.259617 119.568122 23.259657 119.568185 23.259696 119.568252 23.259734 119.568321 23.259772 119.568394 23.259809 119.568471 23.259846 119.568553 23.259905 119.568693 23.259967 119.568852 23.260024 119.569005 23.260154 119.569365 23.260220 119.569539 23.260283 119.569695 23.260344 119.569834 23.260383 119.569915 23.260428 119.570003 23.260482 119.570103 23.260647 119.570398 23.260697 119.570493 23.260739 119.570579 23.260784 119.570679 23.260820 119.570773 23.260849 119.570865 23.260871 119.570953 23.260883 119.571024 23.260891 119.571098 23.260894 119.571177 23.260893 119.571261 23.260888 119.571348 23.260879 119.571444 23.260831 119.571823 23.260822 119.571908 23.260815 119.571983 23.260811 119.572069 23.260811 119.572148 23.260815 119.572223 23.260822 119.572293 23.260835 119.572362 23.260851 119.572432 23.260872 119.572502 23.260898 119.572573 23.260928 119.572644 23.260963 119.572717 23.261002 119.572791 23.261047 119.572867 23.261087 119.572930 23.261130 119.572994 23.261230 119.573133 23.261332 119.573265 23.261579 119.573575 23.261697 119.573733 23.261752 119.573810 23.261801 119.573884 23.261846 119.573955 23.261885 119.574024 23.261920 119.574090 23.261952 119.574156 23.261979 119.574220 23.262003 119.574284 23.262024 119.574347 23.262041 119.574410 23.262054 119.574473 23.262064 119.574535 23.262073 119.574619 23.262080 119.574707 23.262085 119.574799 23.262088 119.574896 23.262089 119.574998 23.262087 119.575107 23.262077 119.575357 23.262068 119.575469 23.262051 119.575593 23.262032 119.575711 23.261982 119.575986 23.261961 119.576119 23.261947 119.576239 23.261941 119.576348 23.261940 119.576501 23.261945 119.576658 23.261956 119.576820 23.261973 119.576986 23.261997 119.577158 23.262026 119.577334 23.262062 119.577517 23.262105 119.577706 23.262157 119.577920 23.262201 119.578079 23.262223 119.578151 23.262246 119.578219 23.262270 119.578283 23.262294 119.578343 23.262323 119.578406 23.262360 119.578474 23.262398 119.578537 23.262489 119.578682 23.262531 119.578754 23.262565 119.578820 23.262591 119.578882 23.262614 119.578948 23.262633 119.579018 23.262649 119.579094 23.262663 119.579176 23.262672 119.579248 23.262680 119.579331 23.262700 119.579605 23.262709 119.579707 23.262720 119.579806 23.262735 119.579894 23.262813 119.580333 23.262836 119.580452 23.262860 119.580557 23.262887 119.580667 23.262917 119.580768 23.262949 119.580862 23.262983 119.580951 23.263006 119.581000 23.263031 119.581051 23.263060 119.581102 23.263092 119.581157 23.263164 119.581266 23.263316 119.581483 23.263379 119.581575 23.263440 119.581675 23.263489 119.581767 23.263545 119.581885 23.263598 119.582010 23.263649 119.582141 23.263698 119.582278 23.263746 119.582423 23.263792 119.582576 23.263838 119.582738 23.263883 119.582913 23.263908 119.583027 23.263931 119.583155 23.263949 119.583279 23.263986 119.583572 23.264009 119.583716 23.264035 119.583850 23.264050 119.583910 23.264065 119.583968 23.264079 119.584012 23.264095 119.584057 23.264136 119.584155 23.264180 119.584247 23.264295 119.584476 23.264324 119.584540 23.264349 119.584598 23.264373 119.584662 23.264393 119.584724 23.264407 119.584782 23.264417 119.584840 23.264425 119.584916 23.264429 119.584997 23.264429 119.585083 23.264425 119.585174 23.264417 119.585269 23.264404 119.585372 23.264388 119.585487 23.264364 119.585631 23.264353 119.585687 23.264338 119.585746 23.264320 119.585807 23.264298 119.585872 23.264252 119.585992 23.264133 119.586273 23.264105 119.586347 23.264081 119.586414 23.264061 119.586484 23.264045 119.586551 23.264034 119.586615 23.264027 119.586676 23.264024 119.586766 23.264027 119.586860 23.264036 119.586960 23.264051 119.587067 23.264069 119.587166 23.264093 119.587277 23.264197 119.587717 23.264234 119.587874 23.264280 119.588048 23.264328 119.588212 23.264444 119.588598 23.264498 119.588789 23.264542 119.588961 23.264628 119.589346 23.264669 119.589516 23.264694 119.589607 23.264720 119.589692 23.264746 119.589772 23.264774 119.589846 23.264824 119.589973 23.264866 119.590075 23.264907 119.590167 23.264946 119.590250 23.264986 119.590329 23.265026 119.590401 23.265067 119.590468 23.265109 119.590530 23.265141 119.590573 23.265178 119.590616 23.265219 119.590659 23.265265 119.590701 23.265315 119.590744 23.265371 119.590789 23.265603 119.590959 23.265699 119.591035 23.265749 119.591079 23.265794 119.591122 23.265834 119.591164 23.265870 119.591208 23.265932 119.591292 23.265992 119.591383 23.266052 119.591482 23.266111 119.591589 23.266169 119.591703 23.266228 119.591829 23.266289 119.591969 23.266360 119.592139 23.266380 119.592192 23.266400 119.592248 23.266418 119.592309 23.266435 119.592375 23.266464 119.592500 23.266529 119.592813 23.266549 119.592899 23.266570 119.592974 23.266596 119.593054 23.266624 119.593128 23.266654 119.593194 23.266688 119.593255 23.266724 119.593310 23.266765 119.593365 23.266812 119.593419 23.266866 119.593475 23.266918 119.593525 23.266978 119.593578 23.267201 119.593763 23.267289 119.593841 23.267335 119.593884 23.267376 119.593925 23.267413 119.593965 23.267448 119.594005 23.267486 119.594054 23.267524 119.594107 23.267563 119.594164 23.267603 119.594228 23.267673 119.594348 23.267694 119.594387 23.267694 119.594217

Then southerly back to the commencement point. (f) Jimblebar Creek All those lands and waters commencing at the intersection of a northern boundary of Pastoral Lease N049932 (Sylvania) with Longitude 120.216343 East; Then westerly along the northern boundary of that pastoral lease to Longitude 120.160604 East; Then northerly through the following coordinate positions: Latitude (South) Longitude (East) 23.362113 120.160593 23.289470 120.160593

Then northwesterly to a southeastern corner of the southern severance of Pastoral Lease N049724 (Ethel Creek) at approximate Latitude 23.266514 South, Longitude 120.157687 East; Then northerly and easterly along the boundaries of that pastoral lease to Longitude 120.216406 East; Then southerly back to the commencement point. Excluding: (i) That part of the Nyiyaparli (WAD6280 of 1998) claim area which was covered by mining lease AM 7000266 (M266SA) as at the date the Nyiyaparli claim was filed on 29 September 1998. (ii) For the avoidance of doubt, Road 01 (Historical), being part of the old alignment of the Great Northern Highway as described in Schedule Four, clause 4. Note in respect of technical descriptions in Schedule Three, clause 2: 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 29 March 2018. Datum: Geocentric Datum of Australia 1994 (GDA94) Prepared By: Graphic Services (Landgate) 7 August 2018 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. SCHEDULE FOUR AREAS WHERE NATIVE TITLE DOES NOT EXIST (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 5 of this Schedule), are generally shown as shaded in pink on the maps in Schedule Two:

1. Freehold Grants of estates in fee simple within the Determination Area including the following: Freehold No. CT0110700649 CT0128700662 CT0129200383 CT0129200384 CT0150300791 CT0218200337 CT0284500317 CT0284500318

2. Reserves Reserve No. Current / Last Purpose 17562 Water 17563 Water Supply and Battery Site 37344 Quarry Purposes 41155 Repeater Station Site 41702 Repeater Station Site 42274 Repeater Station Site 43076 Regenerator Site 43277 Regenerator Site 44274 Rubbish Disposal Site 44387 Recreation (Gun Club and Rifle Club)

Leases (a) Grants of the following leases, subject to clause 3(b) below in respect of special leases GE N088235 (formerly 3116/03684), 3116/03685 and 3116/03686: Lease No. Current / Last Purpose GE I123595 Quarry for the production of railway ballast a stockpile area for the storage of the said railway ballast and other materials and equipment and a site for maintenance and construction workers' accommodation workshops and ancillary facilities for the requirements of the Lessees in the operation and maintenance of the railway constructed pursuant to the Agreement GE I126374 Laying out development construction and provision of a water supply and ancillary installations and facilities for drawing conserving reticulating and supplying water for the requirements of the Lessees in the operation and maintenance of the railway constructed pursuant to the Agreement GE I126948 Railway spur GE I154279 (formerly 3116/03687) Construction development maintenance use and operation of (i) a railway and a service road between the mine and the port (ii) all works facilities and services ancillary to the railway and service road referred to above GE I163682 Construction development maintenance use and operation of radio communications and ancillary installations and facilities GE J717063 The final design, construction, use, operation and maintenance of a rail spur line and associated access road from the Mining Lease to the West Angelas Spur Line together with associated infrastructure as detailed in the Approved Proposals and for ancillary and incidental purposes thereto including in accordance with the Approved Proposals the construction, use, operation and maintenance of borrow pits for the taking of soil and of water bores GE J717064 The final design, construction, use and maintenance of a private access road from the Great Northern Highway to the Mining Lease to service the mining operations area and permanent accommodation village and for ancillary and incidental purposes thereto including in accordance with the Approved Proposals the construction, use, operation and maintenance of borrow pits and of water bores GE N088235 (formerly 3116/03684) The construction development maintenance use and operation of - (i) a water supply for supplying water to the Mineral Lease and to the other areas demised to the Lessees in the vicinity of the Mineral Lease; and (ii) all installations and facilities for conserving drawing reticulating and supplying water to the Mineral Lease and to the other areas demised to the Lessees in the vicinity of the Mineral Lease ancillary to all or any of the improvements referred to in paragraph (i) GE N105667 (formerly 3116/04028) Construction development maintenance use and operation of radio communications and ancillary installations and facilities 3116/02717 Grazing 3116/03683 Construction development maintenance use and operation of an aerodrome and ancillary installations and facilities 3116/03685 Construction development maintenance use and operation of - (i) the greenbelt roads and ancillary facilities and amenities for the mine townsite and the town common surrounding the mine townsite (ii) the control by the Lessees of any undesirable persons or elements who or which are or may be attracted to or in the vicinity of the said townsite or to any other operations in the vicinity thereof; (iii) all works facilities and improvements ancillary to all or any of the matters referred to in paragraphs (i) and (ii) of this sub-clause 3116/03686 Construction development maintenance use and operation of - (i) a townsite for the purpose of the Lessees' operations contemplated in the Agreement; (ii) without limiting the foregoing the townsite, housing, shopping facilities, health, educational, social, recreational and welfare services, amenities, benefits and facilities, communication facilities and other residential and community services, utilities and facilities for the mine townsite; (iii) the railway and service road constructed pursuant to the Agreement; (iv) all works facilities and services ancillary to all or any of the improvements and matters referred to in paragraphs (i), (ii) and (iii)

(b) In respect of special leases GE N088235 (formerly 3116/03684), 3116/03685 and 3116/03686 listed above, the relevant area is the area originally granted (meaning, in the case of GE N088235 (formerly 3116/03684), the area originally granted under special lease 3116/03684 for the avoidance of doubt), but omitting: (i) Reserve 42835 (Parnpajinya), being an area to which s 47A of the Native Title Act applies as set out in Schedule Five, clause 1; and (ii) The following areas of unallocated Crown land, being areas to which s 47B of the Native Title Act applies as set out in Schedule Five, clause 2: Area Description / Location UCL 002 Lot 401 on DP 71872 UCL 005 Lot 402 on DP 71872 UCL 021 Lot 370 on DP 71869 UCL 022 Lot 349 on DP 74327 UCL 024 Lot 352 on DP 74327 UCL 026 Lot 353 on DP 74327 UCL 029 Lot 369 on DP 71870 UCL 030 Lot 510 on DP 73722 UCL 031 Lot 300 on DP 65155 UCL 032 Lot 510 on DP 73722 UCL 033 Lot 301 on DP 47460 UCL 034 Lot 348 on DP 71871 UCL 036 Lot 552 on DP 71668 UCL 039 Lot 1789 on DP 216374 UCL 043 Lot 72 on DP 216352, except to the extent covered by mineral lease AML700244 as at 29 September 1998 UCL 049 Lot 550 on DP 71666 UCL 050 Lot 1500 on DP 215129 UCL 052 Lot 300 on DP 64866 UCL 055 Lot 1976 on DP 216852 UCL 057 Lot 551 on DP 71667 UCL 093 Area bounded by Road 010, UCL 023 (Lot 2354 on DP 218837), general lease GE K858923, special lease 3116/03684, general lease GE I150289 and reserves 38674 and 39117, being the area of unallocated Crown land generally south of UCL 029 (Lot 369 on DP 71870) and UCL 032 (Lot 510 on DP 73722) UCL 094 Area bounded by Road 010 and reserves 38674 and 39117

Roads 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) and Native Title (Effect of Past Acts) Act 1995 (WA)), including the following: MapInfo ID. Description Shown in ROAD 084 Road No. 3857 (part of Marble Bar Road) Roy Hill 1:250,000 cadastral map dated April 1968 Government Gazette dated 10 June 1910, 1 April 1977 and 14 September 1979 ROAD 085 Road No. 14501 Original plan 11376 Government Gazette dated 3 March 1972 ROAD 086 Road No. 15053 (part of Marble Bar Road) Roy Hill 1:250,000 (250) Public Plan prepared 4 October 1988 Government Gazette dated 19 July 1974 ROAD 102 Road No. 4274 Public Plan 503168 (99/300 No.3) cancelled on 8 February 1923 Public Plan 503101 (90/300 No.2) cancelled on 1 June 1916 Public Plan 506518 (80/300 No.2) cancelled on 31 October 1916 ROAD 103 Jigalong Mission Road Public Plan 503111 (99/300 No.8) cancelled on 20 January 1971 Public Plan 506520A (80/300 No.5) cancelled on 24 April 1946 Government Gazette dated 10 March 1944 ROAD 104 Road No. 9170 (Noreena-Roy Hill Road) Public Plan 503165 (98/300 No.8) cancelled on 16 July 1965 Government Gazette dated 3 and 10 March 1933 ROAD 105 Road No. 9169 (Munjina-Roy Hill Road) Public plan 503165 (98/300 No.8) cancelled on 16 July 1965 Government Gazette dated 3 and 10 March 1933 ROAD 106 Road No. 8172 Public plan 503111 (91/300 No.8) cancelled on 20 January 1971 Public Plan 506523 (80/300) cancelled on 20 January 1972 Government Gazette dated 6 and 13 September 1929, 14 December 1951 and 18 January 1952 ROAD 107 Road No. 6588 Public Plan 503111 (91/300 No.8) cancelled on 20 January 1971 Public Plan 506523 (80/300) cancelled on 20 January 1972 Government Gazette dated 24 February 1922 and 3 March 1922 ROAD 01 (Historical) Part of old alignment of Great Northern Highway Public Plan 503111 (91/300 No.8) cancelled on 20 January 1971 Robertson SF51-13 topographic map published 1965 Roberston (250) Public Plan dated 1991 ROAD 13 (Historical) Road No. 3857 Public Plan 503160 (98/300 No.4) cancelled on 6 May 1921 Government Gazette dated 10 June 1910, 1 April 1977 and 14 September 1979 ROAD 14 (Historical) Weelarrana-Ethel Creek Road (part of old alignment of Great Northern Highway) Public Plan 503111 (91/300 No.8) cancelled on 20 January 1971 Government Gazette dated 10 March 1944 and 27 November 1987 ROAD 15 (Historical) Road No. 8172 Public Plan 503109 (91/300 No.6) cancelled on 7 September 1937 Government Gazette dated 6 September 1929

Public Works Any other public works, as that expression is defined in the Native Title Act and the Titles (Validation) and Native Title (Effect of Past Acts) Act 1995 (WA) (including the land and waters on which a public work is constructed, established or situated as described in s 251D of the Native Title Act), and to which s 12J of the Titles (Validation) and Native Title (Effect of Past Acts) Act 1995 (WA) or s 23C(2) of the Native Title Act applies. SCHEDULE FIVE AREAS TO WHICH SECTIONS 47A AND 47B OF THE NATIVE TITLE ACT APPLY (PARAGRAPH 9)

1. Section 47A Areas 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: (a) The following reserves for the purpose of 'use and benefit of Aborigines', subject to clause 1(b) below in relation to Reserve 41265: Reserve No. Name Reserve 11463 Well 61 Reserve 41265 Jigalong Reserve 42835 Parnpajinya

(b) For the avoidance of doubt, the area of Reserve 41265 does not include: (i) Road 103, being the Jigalong Mission Road as described in Schedule Four, clause 4; or (ii) Road 14 (Historical), being the Weelarrana-Ethel Creek Road as described in Schedule Four, clause 4 for the purposes of this Schedule Five and paragraph 9 of the Determination. (c) The following pastoral leases, being leases which were held or on trust expressly for the benefit of Aboriginal peoples within the meaning of s 47A(1)(b)(ii) of the Native Title Act: Lease No. Name PL N049404 Walagunya Station PL N049420 Mount Divide Station PL N049546 Robertson Range Station

2. Section 47B Areas Section 47B of the Native Title Act applies with the effect that any extinguishment over the following areas by the creation of a prior interest (to the extent that the areas were not covered by an interest described in s 47B(1)(b)(i) or (ii) or subject to a resumption process as described in s 47B(1)(b)(iii) of the Native Title Act when the relevant native title determination application was made) is to be disregarded: Area Description / Location Wonmunna As described in Schedule Three, clause 2(a) Coondiner Creek As described in Schedule Three, clause 2(b) Karlka (Kalgan Creek) As described in Schedule Three, clause 2(c) Caramulla Creek As described in Schedule Three, clause 2(d) Mintaramunya (Mount Newman) As described in Schedule Three, clause 2(e) Jimblebar Creek As described in Schedule Three, clause 2(f) UCL 002 Lot 401 on DP 71872 UCL 005 Lot 402 on DP 71872 UCL 021 Lot 370 on DP 71869 UCL 022 Lot 349 on DP 74327 UCL 024 Lot 352 on DP 74327 UCL 026 Lot 353 on DP 74327 UCL 029 Lot 369 on DP 71870 UCL 030 Lot 510 on DP 73722 UCL 031 Lot 300 on DP 65155 UCL 032 Lot 510 on DP 73722 UCL 033 Lot 301 on DP 47460 UCL 034 Lot 348 on DP 71871 UCL 036 Lot 552 on DP 71668 UCL 039 Lot 1789 on DP 216374 UCL 043 Lot 72 on DP 216352, except to the extent covered by mineral lease AML700244 as at 29 September 1998 UCL 049 Lot 550 on DP 71666 UCL 050 Lot 1500 on DP 215129 UCL 052 Lot 300 on DP 64866 UCL 055 Lot 1976 on DP 216852 UCL 057 Lot 551 on DP 71667 UCL 093 Area bounded by Road 010, UCL 023 (Lot 2354 on DP 218837), general lease GE K858923, special lease 3116/3684, general lease GE I150289 and reserves 38674 and 39117, being the area of unallocated Crown land generally south of UCL 029 (Lot 369 on DP 71870) and UCL 032 (Lot 510 on DP 73722) UCL 094 Area bounded by Road 010 and reserves 38674 and 39117

SCHEDULE SIX OTHER INTERESTS (PARAGRAPH 10) 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 29 March 2018. Mining tenements and petroleum interests registered with the Department of Mines, Industry Regulation and Safety are current as at 15 June 2018. All other interests are current as at 26 September 2018.

1. Reserves (a) The following reserves: Reserve No. Current Purpose RES 09698 Fortescue-Cue Stock Route RES 09700 De Grey-Peak Hill Stock Route RES 11463 (Well 61) Use and Benefit of Aboriginal Inhabitants RES 12297 Protection of the Rabbit-proof Fence No.1 RES 15159 Stock Route RES 17650 Racecourse RES 18938 Stock Route (Deviation) RES 41265 (Jigalong) Use and Benefit of Aboriginal Inhabitants RES 42835 (Parnpajinya) Use and Benefit of Aboriginal Inhabitants

(b) The rights and interests of persons who have the care, control and management of the reserves identified in clause 1(a) above; (c) The rights and interests of persons entitled to access and use the reserves identified in clause 1(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 clause 1(a) above, if any. 2. Pastoral Leases (a) The following pastoral leases and the rights and interests of the holders from time to time of those leases: Lease No. Station Name PL N049546 Robertson Range Station PL N049553 Balfour Downs Station PL N049879 Wandanya Station PL N050368 Marillana Station PL N049724 Ethel Creek Station PL N049404 Walagunya Station PL N050553 Prairie Downs Station PL N050094 Kumarina Station PL N049943 Bulloo Downs Station PL N050430 Bonney Downs Station PL N049932 Sylvania Station PL N049890 Weelarrana Station PL N050452 Hillside Station PL N049420 Mount Divide Station PL N050058 Noreena Downs Station PL N049548 Balfour Downs Station PL N050622 Roy Hill Station

(b) Any rights and obligations of the pastoralists pursuant to the pastoral leases referred to in clause 2(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. 3. Leases (a) The following leases and the rights and interests of the holders from time to time of those leases: Lease No. Purpose GE H326098 Cultivation and grazing

4. Roads (a) The following roads and the rights and interests of the persons having the care, control and management of those roads from time to time, to the extent the areas of these roads do not fall within Schedule Four as areas where native title does not exist: MapInfo ID. Description Shown in ROAD 013 Part of Great Northern Highway DP 217097 ROAD 014 Part of Great Northern Highway DP 217098 ROAD 015 Part of Great Northern Highway DP 217099 ROAD 017 Part of Great Northern Highway DP 219293 ROAD 018 Part of Great Northern Highway DP 219294 ROAD 019 Part of Great Northern Highway DP 219295 ROAD 020 Part of Great Northern Highway DP 219296 ROAD 021 Part of Great Northern Highway DP 219297 ROAD 022 Part of Great Northern Highway DP 219298 ROAD 023 Part of Great Northern Highway DP 219299 ROAD 024 Part of Great Northern Highway DP 219300 ROAD 025 Part of Great Northern Highway DP 219301 ROAD 026 Part of Great Northern Highway DP 219302 ROAD 027 Part of Great Northern Highway DP 50856 and DP 50859 (formerly DP 219303)

5. Easements (a) The following easements and the rights and interests of the holders from time to time of those easements, to the extent the areas of these easements do not fall within Schedule Four as areas where native title does not exist: Easement No. Description J717065 E Rail spur N248447 Electricity transmission line and associated infrastructure

Mining Tenements and Petroleum Interests (a) The following mining tenements under the Mining Act 1904 (WA) (repealed) and the Mining Act 1978 (WA) and the rights and interests of the holders from time to time of those mining tenements: (i) Mining Leases: Tenure ID Tenure ID Tenure ID Tenure ID M 4501102 M 4600337 M 4600412 M 4600491 M 4501124 M 4600338 M 4600413 M 4600518 M 4501125 M 4600339 M 4600414 M 4600519 M 4600080 M 4600340 M 4600415 M 4700514 M 4600081 M 4600341 M 4600416 M 4700580 M 4600121 M 4600342 M 4600417 M 4701233 M 4600249 M 4600343 M 4600418 M 4701414 M 4600292 M 4600344 M 4600419 M 4701423 M 4600293 M 4600345 M 4600420 M 4701424 M 4600314 M 4600346 M 4600421 M 4701439 M 4600315 M 4600347 M 4600422 M 4701461 M 4600316 M 4600348 M 4600423 M 5200007 M 4600317 M 4600349 M 4600424 M 5200010 M 4600318 M 4600350 M 4600437 M 5200059 M 4600319 M 4600351 M 4600438 M 5200062 M 4600320 M 4600352 M 4600439 M 5200211 M 4600321 M 4600353 M 4600440 M 5200609 M 4600322 M 4600354 M 4600450 M 5200661 M 4600323 M 4600355 M 4600451 M 5200790 M 4600324 M 4600356 M 4600452 M 5200791 M 4600325 M 4600357 M 4600453 M 5200798 M 4600326 M 4600401 M 4600454 M 5200803 M 4600327 M 4600402 M 4600481 M 5200804 M 4600328 M 4600403 M 4600482 M 5201034 M 4600329 M 4600404 M 4600483 M 5201043 M 4600330 M 4600405 M 4600484 M 5201052 M 4600331 M 4600406 M 4600485 M 5201053 M 4600332 M 4600407 M 4600486 M 5201063 M 4600333 M 4600408 M 4600487 M 5201064 M 4600334 M 4600409 M 4600488 M 5201070 M 4600335 M 4600410 M 4600489 M 4600336 M 4600411 M 4600490

(ii) Exploration Licences: Tenure ID Tenure ID Tenure ID Tenure ID E 4502498 E 4601080 E 4702053 E 5202372 E 4502652 E 4601085 E 4702054 E 5202398 E 4600413 E 4601087 E 4702085 E 5202409 E 4600467 E 4601099 E 4702119 E 5202591 E 4600516 E 4601116 E 4702141 E 5202876 E 4600518 E 4601119 E 4702172 E 5202933 E 4600519 E 4601128 E 4702173 E 5203097 E 4600535 E 4601131 E 4702177 E 5203160 E 4600566 E 4601132 E 4702280 E 5203184 E 4600567 E 4601157 E 4702291 E 5203204 E 4600568 E 4601158 E 4702664 E 5203217 E 4600569 E 4601159 E 4702665 E 5203233 E 4600580 E 4601160 E 4702666 E 5203261 E 4600586 E 4601188 E 4703170 E 5203296 E 4600590 E 4601189 E 4703194 E 5203306 E 4600595 E 4700013 E 4703218 E 5203323 E 4600600 E 4700280 E 4703222 E 5203348 E 4600601 E 4700319 E 4703225 E 5203348 E 4600610 E 4700539 E 4703226 E 5203357 E 4600611 E 4700540 E 4703315 E 5203360 E 4600612 E 4700541 E 4703347 E 5203361 E 4600616 E 4700542 E 4703349 E 5203363 E 4600621 E 4700622 E 4703403 E 5203364 E 4600623 E 4700623 E 4703405 E 5203365 E 4600662 E 4700624 E 4703444 E 5203366 E 4600664 E 4701137 E 4703454 E 5203370 E 4600666 E 4701140 E 4703498 E 5203371 E 4600675 E 4701191 E 4703499 E 5203373 E 4600699 E 4701192 E 4703505 E 5203390 E 4600706 E 4701224 E 4703512 E 5203396 E 4600741 E 4701225 E 4703513 E 5203411 E 4600743 E 4701228 E 4703549 E 5203413 E 4600776 E 4701235 E 4703575 E 5203416 E 4600787 E 4701307 E 4703581 E 5203417 E 4600799 E 4701308 E 4703583 E 5203422 E 4600835 E 4701313 E 4703585 E 5203441 E 4600861 E 4701320 E 4703628 E 5203444 E 4600862 E 4701326 E 5200023 E 5203447 E 4600947 E 4701327 E 5201658 E 5203448 E 4600965 E 4701380 E 5201711 E 5203450 E 4601000 E 4701385 E 5201772 E 5203456 E 4601001 E 4701387 E 5201776 E 5203471 E 4601020 E 4701388 E 5201894 E 5203474 E 4601036 E 4701392 E 5201905 E 5203517 E 4601041 E 4701393 E 5201926 E 5203524 E 4601042 E 4701423 E 5201937 E 5203532 E 4601044 E 4701491 E 5202009 E 5203536 E 4601045 E 4701522 E 5202160 E 5203541 E 4601046 E 4701540 E 5202247 E 5203543 E 4601055 E 4701587 E 5202300 E 5203544 E 4601069 E 4701598 E 5202303 E 5203559 E 4601076 E 4701922 E 5202311 E 5203561 E 4601077 E 4702052 E 5202350 E 5203562

(iii) General Purpose Leases: Tenure ID Tenure ID Tenure ID Tenure ID G 4600007 G 5200083 G 5200151 G 5200219 G 5200008 G 5200084 G 5200152 G 5200220 G 5200015 G 5200085 G 5200153 G 5200221 G 5200018 G 5200086 G 5200154 G 5200222 G 5200019 G 5200087 G 5200155 G 5200223 G 5200020 G 5200088 G 5200156 G 5200224 G 5200021 G 5200089 G 5200157 G 5200225 G 5200022 G 5200090 G 5200158 G 5200226 G 5200023 G 5200091 G 5200159 G 5200227 G 5200024 G 5200092 G 5200160 G 5200228 G 5200025 G 5200093 G 5200161 G 5200229 G 5200026 G 5200094 G 5200162 G 5200230 G 5200027 G 5200095 G 5200163 G 5200231 G 5200028 G 5200096 G 5200164 G 5200232 G 5200029 G 5200097 G 5200165 G 5200233 G 5200030 G 5200098 G 5200166 G 5200234 G 5200031 G 5200099 G 5200167 G 5200235 G 5200032 G 5200100 G 5200168 G 5200236 G 5200033 G 5200101 G 5200169 G 5200237 G 5200034 G 5200102 G 5200170 G 5200238 G 5200035 G 5200103 G 5200171 G 5200239 G 5200036 G 5200104 G 5200172 G 5200240 G 5200037 G 5200105 G 5200173 G 5200241 G 5200038 G 5200106 G 5200174 G 5200242 G 5200039 G 5200107 G 5200175 G 5200243 G 5200040 G 5200108 G 5200176 G 5200244 G 5200041 G 5200109 G 5200177 G 5200245 G 5200042 G 5200110 G 5200178 G 5200246 G 5200043 G 5200111 G 5200179 G 5200247 G 5200044 G 5200112 G 5200180 G 5200248 G 5200045 G 5200113 G 5200181 G 5200249 G 5200046 G 5200114 G 5200182 G 5200250 G 5200047 G 5200115 G 5200183 G 5200251 G 5200048 G 5200116 G 5200184 G 5200252 G 5200049 G 5200117 G 5200185 G 5200253 G 5200050 G 5200118 G 5200186 G 5200254 G 5200051 G 5200119 G 5200187 G 5200255 G 5200052 G 5200120 G 5200188 G 5200256 G 5200053 G 5200121 G 5200189 G 5200258 G 5200054 G 5200122 G 5200190 G 5200259 G 5200055 G 5200123 G 5200191 G 5200260 G 5200056 G 5200124 G 5200192 G 5200261 G 5200057 G 5200125 G 5200193 G 5200262 G 5200058 G 5200126 G 5200194 G 5200263 G 5200059 G 5200127 G 5200195 G 5200264 G 5200060 G 5200128 G 5200196 G 5200265 G 5200061 G 5200129 G 5200197 G 5200266 G 5200062 G 5200130 G 5200198 G 5200267 G 5200063 G 5200131 G 5200199 G 5200268 G 5200064 G 5200132 G 5200200 G 5200269 G 5200065 G 5200133 G 5200201 G 5200270 G 5200066 G 5200134 G 5200202 G 5200271 G 5200067 G 5200135 G 5200203 G 5200272 G 5200068 G 5200136 G 5200204 G 5200273 G 5200069 G 5200137 G 5200205 G 5200274 G 5200070 G 5200138 G 5200206 G 5200276 G 5200071 G 5200139 G 5200207 G 5200277 G 5200072 G 5200140 G 5200208 G 5200278 G 5200073 G 5200141 G 5200209 G 5200279 G 5200074 G 5200142 G 5200210 G 5200280 G 5200075 G 5200143 G 5200211 G 5200281 G 5200076 G 5200144 G 5200212 G 5200282 G 5200077 G 5200145 G 5200213 G 5200283 G 5200078 G 5200146 G 5200214 G 5200284 G 5200079 G 5200147 G 5200215 G 5200285 G 5200080 G 5200148 G 5200216 G 5200081 G 5200149 G 5200217 G 5200082 G 5200150 G 5200218

(iv) Miscellaneous Licences: Tenure ID Tenure ID Tenure ID Tenure ID L 4600035 L 4600112 L 4700627 L 5200087 L 4600036 L 4600124 L 4700642 L 5200088 L 4600037 L 4600130 L 4700654 L 5200099 L 4600040 L 4600133 L 4700655 L 5200101 L 4600047 L 4600134 L 4700656 L 5200103 L 4600048 L 4600135 L 4700658 L 5200105 L 4600049 L 4700092 L 4700660 L 5200108 L 4600051 L 4700193 L 4700693 L 5200109 L 4600052 L 4700197 L 4700702 L 5200115 L 4600053 L 4700198 L 4700726 L 5200123 L 4600057 L 4700346 L 4700727 L 5200131 L 4600064 L 4700347 L 4700735 L 5200141 L 4600066 L 4700378 L 4700752 L 5200157 L 4600080 L 4700399 L 4700757 L 5200163 L 4600084 L 4700400 L 4700766 L 5200174 L 4600085 L 4700417 L 4700770 L 5200177 L 4600096 L 4700420 L 4700772 L 5200178 L 4600099 L 4700515 L 4700809 L 5200179 L 4600100 L 4700555 L 5200079 L 5200181 L 4600104 L 4700559 L 5200083 L 5200183 L 4600110 L 4700569 L 5200084 L 4600111 L 4700626 L 5200086

(v) Prospecting Licences: Tenure ID P 4601688 P 4701611 P 4701718 P 4701816 P 5201485 P 5201525

(vi) Retention Licences: Tenure ID R 4600001 R 4600002 R 4700013 R 4700015 R 4700016 R 5200002 R 5200003 R 5200004 R 5200005 R 5200006 R 5200008

(vii) Temporary Reserves: Tenure ID TR 7004192 TR 7004193 TR 7004266 TR 7004267 TR 7004737 TR 7004881 TR 7004882 TR 7004883 TR 7004884 TR 7007484

(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 interests: Tenement ID Tenement Type PL24 Pipeline licence F924685 Easement

(c) The agreement as amended and ratified by the Iron Ore (Hope Downs) Agreement Act 1992 (WA) and rights and interests comprised in, conferred under or in accordance with, or pursuant to that agreement, including the following mining tenements: Tenement ID Tenement Type AM 7000282 (M 282SA) Mining lease

(d) The agreement as amended and ratified by the Iron Ore (Goldsworthy-Nimingarra) Agreement Act 1972 (WA) and rights and interests comprised in, conferred under or in accordance with, or pursuant to that agreement, including the following mining tenements: Tenement ID Tenement Type AM 7000263 (M 263SA) Mining lease

(e) The agreement as amended and ratified by the Iron Ore (Hamersley Range) Agreement Act 1963 (WA) and rights and interests comprised in, conferred under or in accordance with, or pursuant to that agreement, including the following mining tenements: Tenement ID Tenement Type AL 7000005 (L 5SA) Miscellaneous licence

(f) The agreement as amended and ratified by the Iron Ore (Marillana Creek) Agreement Act 1991 (WA) and rights and interests comprised in, conferred under or in accordance with, or pursuant to that agreement, including the following mining tenements: Tenement ID Tenement Type AM 7000270 (M 270SA) Mining lease

(g) The agreement as amended and ratified by the Iron Ore (Mount Goldsworthy) Agreement Act 1964 (WA) and rights and interests comprised in, conferred under or in accordance with, or pursuant to that agreement, including the following mining tenements: Tenement ID Tenement Type AML 7000249 (ML 249SA) Mineral lease AML 7000281 (ML 281SA) Mineral lease

(h) The agreement as amended and ratified by the Iron Ore (Mount Newman) Agreement Act 1964 (WA) and rights and interests comprised in, conferred under or in accordance with, or pursuant to that agreement, including the following mining tenements: Tenement ID Tenement Type AML 7000244 (ML 244SA) Mineral lease

(i) The agreement as amended and ratified by the Iron Ore (McCamey's Monster) Agreement Authorisation Act 1972 (WA) and rights and interests comprised in, conferred under or in accordance with, or pursuant to that agreement, including the following mining tenements: Tenement ID Tenement Type AM 7000266 (M 266SA) Mining lease

(j) The agreement as amended and ratified by the Iron Ore (Yandicoogina) Agreement Act 1996 (WA) and rights and interests comprised in, conferred under or in accordance with, or pursuant to that agreement, including the following mining tenements: Tenement ID Tenement Type AM 7000274 (M 274SA) Mining lease

(k) The agreement as amended and ratified by the Railway and Port (The Pilbara Infrastructure Pty Ltd) Agreement Act 2004 (WA) and rights and interests comprised in, conferred under or in accordance with, or pursuant to that agreement, including the following mining tenements: Tenement ID Tenement Type AL 7000001 (L 1SA) Miscellaneous licence

(l) The agreement as amended and ratified by the Railway (Roy Hill Infrastructure Pty Ltd) Agreement Act 2010 (WA) and rights and interests comprised in, conferred under or in accordance with, or pursuant to that agreement, including the following mining tenements: Tenement ID Tenement Type AL 7000004 (L 4SA) Miscellaneous licence

Access to Mining and Petroleum Areas (a) Without limiting the operation of any other clause in Schedule Six, but subject to clause 7(b) below, any rights of the holders from time to time of a mining tenement or petroleum title, including those referred to in clause 6 of Schedule Six, to use (including by servants, agents and contractors) such portions of existing roads and tracks in the Determination Area as necessary to have access to the area the subject of the mining tenement or petroleum title for the purposes of exercising the rights granted by that tenement or title. (b) Nothing in clause 7(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 7(a). (c) Nothing in this Schedule Six will limit the rights of the holders from time to time of mining tenements or petroleum titles, including those referred to in clause 6 of Schedule Six, including, without limitation, any right to exclude members of the public from entering onto the land and waters the subject of any mining tenement or petroleum title. 8. Telstra Corporation Limited The rights and interests of Telstra Corporation Limited (ACN 051 775 556): (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 performance of their duties; and (d) under any lease, licence, permit, access agreement or easement relating to its telecommunications facilities in the Determination Area. 9. Indigenous Land Use Agreements The following Indigenous Land Use Agreements, including the rights and interests comprised in, conferred under, or in accordance with, or pursuant to, each agreement: (a) The Nyiyaparli and BHP Billiton Comprehensive Agreement Initial Indigenous Land Use Agreement (Area Agreement) dated 26 June 2012, and registered on the Register of Indigenous Land Use Agreements on 13 March 2013 (Tribunal No. WI2012/005). (b) The Nyiyaparli and BHP Billiton Comprehensive Agreement Further Indigenous Land Use Agreement (Area Agreement) (Nyiyaparli #3) dated 16 July 2015, and registered on the Register of Indigenous Land Use Agreements on 18 January 2016 (Tribunal No. WI2015/011). (c) The RTIO and Nyiyaparli People Indigenous Land Use Agreement (Area Agreement) dated 12 July 2012, and registered on the Register of Indigenous Land Use Agreements on 13 March 2013 (Tribunal No. WI2012/007). (d) The RTIO and Nyiyaparli People Additional ILUA (Area Agreement) for Nyiyaparli People's Native Title Claim #3 dated 9 October 2005, and registered on the Register of Indigenous Land Use Agreements on 10 March 2016 (Tribunal No. WI2015/013). 10. Other The following rights and interests: (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 legislation; (b) rights and interests held by reason of the force and operation of the laws of the State or of the Commonwealth, including but not limited to, the force and operation of 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; (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 s 212(2) of the Native Title Act and s 14 of the Titles (Validation) and Native Title (Effect of Past Acts) Act 1995 (WA) as at the date of this Determination, any existing public access to, and enjoyment of, the following places in the Determination Area: (i) waterways; (ii) beds and banks or foreshores of waterways; (iii) coastal waters; (iv) beaches; (v) stock routes; and (vi) 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; 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; or (B) an estate or interest in the land or waters; or (iii) restriction on the use of the land or waters, whether or not annexed to other land or waters. SCHEDULE SEVEN NATIVE TITLE HOLDERS (PARAGRAPH 3) The Nyiyaparli People are those persons who: (a) are descended from, in accordance with the traditional laws acknowledged and the traditional customs observed by the Nyiyaparli People, one or more of the following persons: (i) Mintaramunya; (ii) Pitjirrpangu; (iii) Yirkanpangu (Jesse); (iv) Kitjiempa (Molly); (v) Mapa (Rosie); (vi) Iringkulayi (Billy Martin Moses); (vii) Parnkahanha (Toby Cadigan); (viii) Wirlpangunha (Rabbity-Bung); (ix) Wuruwurunha (Tommy Malana); (x) Ijiyangu (Daisy); (xi) Sibling set of Ivy, Solomon and Mildred; and (xii) Sibling set of Maynha and Itika, or, though not descended from those persons, have been incorporated into the Nyiyaparli group in accordance with Nyiyaparli traditional laws and customs, and (b) identify themselves as Nyiyaparli under traditional law and custom and are so identified by other Nyiyaparli People as Nyiyaparli; and (c) have a connection with the land and waters of the Determination Area, in accordance with the traditional laws acknowledged and the traditional customs observed by the Nyiyaparli People.

COLVIN J: 1 On 26 September 2018, the Court made a determination as to the existence of native title in respect of an area of almost 50,000 square kilometres in the eastern Pilbara region of Western Australia (Determination). The Nyiyaparli People were determined to be the holders of native title for the area. Karlka Nyiyaparli Aboriginal Corporation ICN 3649 (KNAC) was nominated as the registered native title body corporate to hold the determined native title in trust for the native title holders. At that time, an appeal was pending in the High Court in respect of the decision of the Full Court of this Court in BHP Billiton Nickel West Pty Ltd v KN (Deceased) (TJIWARL and TJIWARL #2) [2018] FCAFC 8; (2018) 258 FCR 521. 2 When the Determination was made, the parties to the relevant applications for native title agreed that in the event that the High Court was to decide thereafter that the presence of exploration or prospecting licences or permits as at the date that an application is made does not prevent extinguishment of native title from being disregarded under s 47B(2) of the Native Title Act 1993 (Cth) then the registered native title body corporate may apply for a variation of the Determination in certain respects and the parties would agree to that variation. This was a matter that was formally noted by the Court when the Determination was made by consent. 3 The High Court allowed the appeal (and an appeal in another matter): Tjungarrayi v Western Australia [2019] HCA 12. The High Court held that exploration or prospecting licences or permits were not 'leases' within the meaning of s 47B(1)(b)(i) of the Native Title Act with the result that they did not prevent the disregarding of extinguishment under s 47B(2). 4 KNAC now brings an application to vary the determination of native title. Notification of the application has been given by the Native Title Registrar. The parties who responded to that notice of application (save for one party who has been removed as a respondent by Court order) all consent to the application. 5 Section 13(1)(b) of the Native Title Act allows for an application to revoke or vary an approved determination of native title on certain grounds specified in s 13(5). They are: (a) that events have taken place since the determination was made that have caused the determination no longer to be correct; or (b) that the interests of justice require the variation or revocation of the determination. 6 An application to revoke or vary may be made by the registered native title body corporate: s 61(1). KNAC is that body in respect of the Determination. 7 Variations to an approved determination of native title have been made in circumstances where, after the making of a determination of native title, there has been a change in law that would have led to a different outcome had such law been applied at the time of making the determination: see, for example, Tarlka Matuwa Piarku (Aboriginal Corporation) RNTBC v State of Western Australia [2017] FCA 40; and Yindjibarndi Aboriginal Corporation RNTBC v State of Western Australia [2020] FCA 1416. 8 I am satisfied that the power to vary the determination has been enlivened and it is appropriate for that power to be exercised in this case, particularly in circumstances where the parties to the original determination contemplated that course at the time the determination was made by this Court. 9 Section 87(1) of the Native Title Act provides: This section applies if, at any stage of proceedings after the end of the period specified in the notice given under section 66: (a) agreement is reached between the parties on the terms of an order of the Federal Court in relation to: (i) the proceedings; or (ii) a part of the proceedings; or (iii) a matter arising out of the proceedings; and (b) the terms of the agreement, in writing signed by or on behalf of the parties, are filed with the Court; and (c) the Court is satisfied that an order in, or consistent with, those terms would be within the power of the Court. 10 The reference to 'proceedings' is to 'proceedings in relation to applications filed in the Federal Court that relate to native title': s 80. 11 In Tarlka Matuwa Piarku (Aboriginal Corporation) RNTBC where the Court considered a similar application, Barker J concluded that if the grounds for variation are met pursuant to s 13(5)(b) of the Native Title Act it is unnecessary to review the grounds for the making of a determination pursuant to s 87. His Honour explained the reason for that view in the following terms (at [16]): … the result of the variation is that the varied determination will replace the determination as the approved determination of native title with the only change to the determination being the inclusion of areas of pastoral improvements as areas where native title exists. Nothing further will be varied in the determination nor the agreement reached between the parties for the determination on 29 July 2013. 12 However, in my view, an application to vary a determination must be a proceeding in relation to an application filed in the Federal Court that relates to native title. Therefore, with due respect to his Honour, the requirements of s 87 (or the equivalent provision in s 87A) must be met in respect of the present application. I note that this was the course followed by Rares J in Yindjibarndi Aboriginal Corporation RNTBC (and see also the approach of Rangiah J in Finlay on behalf of the Kuruma Marthudunera Peoples v State of Western Australia [2018] FCA 548). 13 Nevertheless, the fact that the Court has already determined that native title exists when it made the Determination by consent and did so on the basis of an agreement which contemplated the possibility of future variation of the determination if the High Court appeal was successful are matters that are relevant in deciding whether it is appropriate for the proposed orders to be made on the present application. The Court has already determined that it is appropriate to declare native title and has thereby been satisfied as to the matters specified in s 87 as to the making of a determination of native title by consent. Necessarily implicit in that decision was an acceptance that but for the decision BHP Billiton Nickel West Pty Ltd (since overturned), it would have been appropriate to make a determination of native title in the terms now sought. The orders made at that time contemplated the present application. The present application does not seek to depart from the basis upon which the Determination was made or to point to some matter that was not in contemplation at that time. 14 Therefore, this is not an instance where the application seeks to justify the variation of a previous determination of native title in terms that were not demonstrated to the Court when making the previous determination. Were that not to be the case then, in my view, it would be necessary for the Court to be provided with material of a kind that would support the making of a determination by consent in the exercise of the power conferred by s 87. The fact that the determination is to be made by way of variation does not take it outside the terms of that requirement. 15 Section 87 is an important requirement. Recently, in Hobbs on behalf of the Ngurrara D2 Claim Group v State of Western Australia [2020] FCA 624 at [24]-[28], I summarised the authorities as to the nature of the matters that must be established on such an application. The communal nature of native title and its perpetual proprietary character mean that the Court must have an eye for the public interests and the future interests of those who may be affected by the terms of a determination of native title which, though made with the requisite consent, will have consequences for those who are not themselves before the Court on the application. However, in the circumstances of the present application, the Court can look to the earlier Determination as having addressed those matters and proceed on the basis that no party raises any issue as to the earlier consent or the appropriateness of the order. Rather, the Court is asked to take a step that was contemplated at that time. 16 The notice period has expired in respect of the variation application. The agreed terms are before the Court. The requirements of s 94A and s 225 of the Native Title Act are met by the terms of the proposed orders. 17 KNAC and the State of Western Australia have filed joint submissions through solicitors by which they confirm their joint view that the orders are appropriate. 18 In those circumstances, I am satisfied that the proposed orders should be made. I certify that the preceding eighteen (18) numbered paragraphs are a true copy of the Reasons for Judgment of the Honourable Justice Colvin.

SCHEDULE OF PARTIES WAD 90 of 2020 Respondents: ALINTA ENERGY (CHICHESTER) PTY LTD TELSTRA CORPORATION LIMITED (ABN 33 051 775 556) BHP BILLITON MINERALS PTY LTD BHP IRON ORE (JIMBLEBAR) PTY LTD ITOCHU MINERALS & ENERGY OF AUSTRALIA PTY LTD MITSUI IRON ORE DEVELOPMENT PTY LTD MITSUI-ITOCHU IRON PTY LTD BHP BILLITON DIRECT REDUCED IRON PTY LTD PILBARA PASTORAL COMPANY PTY LIMITED HAMERSLEY EXPLORATION PTY LIMITED HAMERSLEY IRON PTY LIMITED HAMERSLEY IRON-YANDI PTY LIMITED HAMERSLEY RESOURCES LIMITED HAMERSLEY WA PTY LTD HOPE DOWNS IRON ORE PTY LTD NIPPON STEEL AUSTRALIA PTY LIMITED NIPPON STEEL RAW MATERIALS AUSTRALIA PTY LTD NORTH MINING LIMITED ROBE RIVER MINING CO PTY LTD JOHN ALBERT HINE JONATHON BARRY HINE HEATHER ROSEMARY FOOTE HERBERT NICHOLAS FOOTE KIMBERLEY QUARRY PTY LTD MITSUI IRON ORE CORPORATION PTY LTD