McLennan on behalf of the Jangga People v State of Queensland

Federal Court of Australia|2013-07-16|Before: Rares J

BEING SATISFIED that an order in the terms set out below is within the power of the Court, and it appearing appropriate to the Court to do so, pursuant to s 87 of the Native Title Act 1993 (Cth),

BY CONSENT THE COURT ORDERS THAT: 1. There be a determination of native title in the terms set out below (the "determination"). 2. Each party to the proceeding is to bear its own costs.

Area description (at time of determination) That part of Lot 1 on Plan AP7703 previously described as Lot 703 on Plan MPH4, Lot 10 on Plan USL46693 and Lot 999 on Plan MPH13513. That part of Lot 4 on Plan AP7703 previously described as Lot 703 on Plan MPH4, Lot 10 on Plan USL46693 and Lot 999 on Plan MPH13513.

Part 2 Non-exclusive areas All of the land and waters described in the following tables and depicted in light blue on the determination map. Area description (at time of determination) Lot Plan 1 AY17 1 AY27 1 (Pt) AY31 1 SP147546 3 SP147546 10 BL49 10 (Pt) BL58 4 SP116046 3 (Pt) CP851492 1496 (Pt) CP851494 18 (Pt) SP208194 1 (Pt) CY20 6 DC112 3 (Pt) SP171922 1 DK244 14 (Pt) SP225054 4 DK31 9 (Pt) MRY36 1 (Pt) MRY40 9 (Pt) MRY50 1 (Pt) MRY54 18 AP13185 5070 PH1056 1943 SP221555 691 PH1291 3821 PH1304 1816 PH1315 1510 (Pt) SP171920 667 PH1321 3366 (Pt) PH1455 662 (Pt) PH1491 3309 PH1532 5269 (Pt) PH1533 5282 (Pt) PH1570 5305 (Pt) SP240414 3279 PH1787 4779 PH1806 656 SP138788 637 PH1980 682 (Pt) CP906890 689 PH2015 3272 SP237696 3388 PH2112 3450 (Pt) PH2118 3540 PH2135 3570 PH2142 636 PH2182 5059 PH386 5060 PH387 5068 (Pt) PH449 3615 PH681 3235 PH752 3978 (Pt) PH772 5078 PH955 1 SM10 5086 SM100 5088 SM101 1 SM15 2 CP910524 2 AP7703 4 (Pt) SM7 5 (Pt) SM7 10 SM79 5 SM84 6 SM86 2 SM9 7 SM92 3 (Pt) SM93 1 SM95 3 AY23 7 NPW199 4 AY15 2 AY16 7 AY25 8 AY6 9 AY7 5 BL3 7 BL38 9 BL51 4 (Pt) SP210553 7 DC112 5 DC113 2 DC84 5 DK103 11 DK138 4 DK148 1 DK69 3 M7214 3 M7216 7 SM1 2 SM12 3 SM17 2 SM28 1 SM41 1 SM46 1 SM47 7 SM62 5 SM70 8 U3511 9 U3511 3 MRY40 7 MRY39 1 AP14087 1 M7218 1 AP6506

Area description (at time of determination) That part of Lot 1 on Plan AP7703 previously described as Lot 4 on Plan SM61. That part of Lot 4 on Plan AP7703 previously described as Lot 4 on Plan SM61 and Lot 3 on Plan SM34. That part of Lot 4 on Plan SP210553 previously described as part of Lot 4 on Plan BL9. Save for any waters forming part of a lot on plan, all waterways, natural lakes, creeks and rivers within the external boundary. Save for any stock route forming part of a lot on plan, all stock routes wider than 300 metres within the external boundary.

Part 3 External boundary description Commencing at a point on a western boundary of Lot 1 on Plan AP10097 at Latitude 21.349144 S, and extending southerly, westerly, again southerly along the western boundaries of the said Lot 1 on Plan AP10097, Lot 1 on Plan AP14151, Lot 2 on Plan AP10097 and Lot 16 on Plan CP866443, to Latitude 21.385250° S; then generally south westerly through the following coordinate points: Longitude (East) Latitude (South) 148.095017 21.398388 148.064196 21.430311 148.029083 21.456308

Then south westerly to a northern boundary of Lot 8 on Plan GV807254 (Lenton Downs pastoral holding) at Longitude 148.018360° E, being a point on the boundary of Native Title Determination Application Q6033/99 Wiri People 3 (QC99/34). Then generally westerly and generally southerly along the northern and western boundaries of Lot 8 on Plan GV807254, and the western and southern boundaries of Lot 2 on Plan SP214117 (Dabin Pastoral holding) until Longitude 147.929977° E, also being boundaries of Q6033/99 Wiri People 3 (QC99/34). Then generally southerly, generally westerly, generally northerly and generally south easterly through the following coordinate points back to the commencement point: Longitude (East) Latitude (South) 147.928286 21.594476 147.925110 21.611076 147.921924 21.629395 147.916886 21.646562 147.912486 21.659721 147.909323 21.672885 147.906761 21.689490 147.904838 21.702087 147.902902 21.716975 147.901512 21.732674 147.900878 21.749056 147.900791 21.765673 147.900774 21.769147 147.900723 21.778853 147.900636 21.795472 147.896515 21.820494 147.889236 21.841270 147.881728 21.853844 147.872336 21.870422 147.862920 21.891011 147.856013 21.913952 147.848564 21.963410 147.845092 21.979588 147.837333 22.000385 147.823796 22.021540 147.817214 22.031893 147.808825 22.043341 147.800532 22.051780 147.798665 22.053222 147.792419 22.058044 147.781188 22.066011 147.769334 22.073973 147.753739 22.083634 147.741877 22.092167 147.731959 22.105326 147.726796 22.117309 147.721723 22.132187 147.710408 22.150470 147.699764 22.161301 147.683517 22.172672 147.667915 22.180604 147.645470 22.188491 147.623673 22.192364 147.602490 22.197385 147.580690 22.201251 147.560779 22.202260 147.542772 22.203164 147.518499 22.203164 147.499937 22.202162 147.479948 22.201828 147.459601 22.201161 147.428940 22.200083 147.408450 22.196517 147.387356 22.191182 147.366873 22.186996 147.346411 22.181087 147.330739 22.180124 147.318246 22.179456 147.302897 22.179456 147.284852 22.180541 147.260602 22.180319 147.237595 22.180103 147.215831 22.179896 147.191884 22.178788 147.169839 22.177726 147.146232 22.175768 147.124490 22.173826 147.101217 22.171442 147.079166 22.168191 147.055527 22.164430 147.035537 22.160757 147.012789 22.155999 146.990561 22.152743 146.970601 22.149215 146.947013 22.145730 146.922026 22.141390 146.900965 22.136715 146.881920 22.133260 146.854664 22.126620 146.835285 22.120354 146.810126 22.111729 146.789748 22.102868 146.769364 22.094579 146.748353 22.086850 146.734790 22.079791 146.719383 22.071559 146.705825 22.064496 146.688586 22.054516 146.671971 22.044542 146.653505 22.033967 146.643060 22.026942 146.625870 22.014661 146.615427 22.007634 146.605404 21.999811 146.590769 21.988458 146.579266 21.979025 146.566434 21.966801 146.553595 21.955148 146.541960 21.945805 146.528505 21.934141 146.513812 21.922458 146.495104 21.907651 146.475322 21.888057 146.463182 21.872968 146.450495 21.853858 146.440852 21.838232 146.429982 21.822015 146.418546 21.802922 146.409434 21.785105 146.401231 21.766541 146.394068 21.751527 146.389952 21.739426 146.385238 21.726170 146.381948 21.710641 146.380252 21.693998 146.378123 21.675054 146.377306 21.658884 146.377306 21.643524 146.378377 21.627496 146.379490 21.600584 146.379805 21.583400 146.380110 21.566789 146.381661 21.549626 146.383170 21.534754 146.384103 21.517582 146.386272 21.500429 146.388440 21.483278 146.392654 21.464545 146.398009 21.442840 146.402291 21.427146 146.405504 21.413456 146.409778 21.397120 146.415594 21.382892 146.419426 21.373719 146.426208 21.362032 146.434731 21.348826 146.442332 21.338063 146.453336 21.328307 146.465473 21.318623 146.475547 21.309939 146.486803 21.301520 146.499949 21.290838 146.512486 21.279574 146.521280 21.270543 146.524573 21.267164 146.533652 21.257850 146.544003 21.248835 146.556353 21.239567 146.572039 21.223762 146.582912 21.213439 146.591836 21.204089 146.600759 21.196075 146.610914 21.184815 146.619068 21.176342 146.626817 21.167692 146.636024 21.157116 146.642166 21.149327 146.647999 21.140681 146.655530 21.132198 146.664990 21.118591 146.674412 21.107272 146.681432 21.095901 146.690143 21.086307 146.700810 21.073858 146.710849 21.061973 146.720271 21.050080 146.727200 21.039869 146.731789 21.021614 146.733142 21.013619 146.734609 20.998185 146.734792 20.986168 146.734948 20.975868 146.735114 20.964996 146.735296 20.952980 146.734873 20.940384 146.735038 20.929513 146.735212 20.918069 146.735377 20.907199 146.734976 20.896219 146.733854 20.886005 146.734046 20.873420 146.734228 20.861405 146.734384 20.851108 146.734550 20.840238 146.734767 20.825937 146.734897 20.817356 146.734993 20.811064 146.736993 20.800791 146.738983 20.791091 146.743448 20.780280 146.750983 20.769509 146.755360 20.764418 146.765333 20.754844 146.774240 20.745956 146.783878 20.736607 146.793971 20.728881 146.803307 20.720421 146.813853 20.713119 146.824406 20.705245 146.841800 20.691162 146.860432 20.675951 146.875985 20.661271 146.889126 20.643129 146.896065 20.629486 146.905599 20.635095 146.917369 20.641439 146.932371 20.648118 146.943613 20.652933 146.956424 20.658803 146.972313 20.664136 146.994318 20.671251 147.015126 20.676062 147.043246 20.685527 147.067658 20.692528 147.087902 20.698595 147.108733 20.702248 147.131388 20.707633 147.155827 20.713230 147.174847 20.719516 147.191982 20.724833 147.214600 20.734208 147.233562 20.741255 147.245779 20.747956 147.258630 20.754968 147.275702 20.763962 147.295263 20.773295 147.316057 20.782636 147.334377 20.793667 147.356993 20.805879 147.382494 20.819079 147.410820 20.832650 147.432825 20.845989 147.454215 20.859891 147.471947 20.870901 147.489063 20.882476 147.511086 20.895803 147.531275 20.908541 147.549622 20.921262 147.566109 20.936257 147.585072 20.950124 147.602206 20.962258 147.615058 20.971501 147.624227 20.979574 147.632739 20.993365 147.641870 21.007159 147.660824 21.025023 147.677332 21.041151 147.695697 21.056717 147.711610 21.071122 147.727536 21.084380 147.744091 21.099903 147.761195 21.118916 147.773438 21.131577 147.791196 21.149991 147.811556 21.167020 147.829828 21.183967 147.847596 21.203521 147.864779 21.218489 147.882577 21.234604 147.899767 21.250141 147.916374 21.259376 147.928638 21.266527 147.951109 21.282499 147.969782 21.291235 148.010434 21.305170 148.034572 21.315974 148.075300 21.331651

Reference data and source: REFERENCE DATUM - Geographical coordinates are in decimal degrees referenced to the Australian Geodetic Datum (GDA94). • External boundary data compiled by and sourced from the Department of Natural Resources & Mines (Queensland) ("DNRM") Queensland Claim Activity Map dataset. • Non freehold cadastral data sourced from MapInfo Australia under license from DNRM (July 2012). B. Map of Determination Area Schedule 2 - AREAS NOT FORMING PART OF THE DETERMINATION AREA For the avoidance of doubt, the areas described below are excluded from the Determination Area: A. The areas in this Part are excluded from the Determination Area on the grounds that at the time at which the native title determination application was made: these areas were the subject of one or more previous exclusive possession acts, as defined in s 23B of the Native Title Act 1993 (Cth), despite the fact that the areas, or parts of them, may have been subject to earlier acts that extinguished native title; and in relation to the areas in paragraph 1 of this Part, none of ss 47, 47A or 47B of the Native Title Act 1993 (Cth) applied; and therefore, in accordance with s 61A of the Native Title Act 1993 (Cth), these areas could not be claimed.

Tenure Based Exclusions (ss 23B(2) and 23B(3) Native Title Act 1993 (Cth)): (a) Lot 1 on Plan BL55; (b) Lot 1 on Plan CP882192; (c) Lot 7 on Plan CY23; (d) Lot 6 on Plan SM91; (e) Lot 2 on Plan CP845104; (f) Lot 2 (Pt) on Plan SP171918; (g) Lot 1 on Plan CP905226; (h) Lot 2 on Plan SP245736; (i) Lot 8 on Plan DC133; (j) Lot 35 on Plan M7213; (k) Lot 36 on Plan M7213; (l) Lot 1 on Plan MPH13507; (m) Lot 2 on Plan MPH13507; (n) Lot 1 on Plan MPH17; (o) Lot 3 on Plan BL54; (p) Lot 1 on Plan MPH20091; (q) Lot 20 (Pt) on Plan HLN250; (r) Lot 1 (Pt) on Plan PER2657; (s) Lot A on Plan AP20164; (t) Lot A on Plan AP20285; (u) Lot A (Pt) on Plan AP 7339; and (v) Lot A (Pt) on Plan AP14124.
Public Works Based Exclusions: (a) The land or waters on which any public work, as defined in s 253 of the Native Title Act 1993 (Cth), is or was constructed, established, or situated, and to which ss 23B(7) and 23C(2) of the Native Title Act 1993 (Cth) and/or s 23B(7) of the Native Title Act 1993 (Cth) and s 21 of the Native Title (Queensland) Act 1993 (Qld) applies, together with any adjacent land or waters in accordance with s 251D of the Native Title Act 1993 (Cth). (b) Specifically, and to avoid any doubt, the land and waters described in paragraph 2(a) immediately above includes the whole of the land and waters described as: (i) Lot 11 on Plan BL58; and (ii) Lot 13 (Pt) on Plan MRY51. B. Land and waters specifically excluded from the amended native title determination application filed on 19 July 2004, being: Lot 6 on Plan SM99; areas subject to application QG6242/98 Wiri People (QC98/05) as entered on the Native Title Register on 24 September 1999; areas subject to application QG6251/98 Wiri People 2 (QC98/11) as entered on the Native Title Register on 30 October 2000; and areas subject to application QG6033/99 Wiri People 3 (QC99/34) as entered on the Native Title Register on 12 September 2000. C. On the basis that native title has been extinguished and is not claimed, the parties have agreed that the excluded areas include any land or waters on which any permanent improvement consisting of: (i) a homestead, house, shed or other building; (ii) an airstrip; (iii) a constructed dam or any other constructed stock watering point, bore, turkey nest, squatters' tank or other water storage facility; or (iv) stock yards and trap yards, has, at the date of the determination, been constructed (including any adjacent land the exclusive use of which is reasonably necessary for the enjoyment of the improvement) in accordance with the rights of the lessee under, and within the boundaries of the following pastoral leases:
Pastoral Development Holding 12/5189 comprising Lot 4 on Plan SP116046 and commonly known as Disney;
Pastoral Development Holding 12/3821 comprising Lot 3821 on Plan PH1304 and commonly known as Gunjulla;
Pastoral Development Holding 12/3279 comprising Lot 3279 on Plan PH1787 and commonly known as Ill-I-Ra (aka Bungobine);
Pastoral Development Holding 30/682 comprising Lot 682 on Plan CP906890 and commonly known as Suttor Creek;
Pastoral Holding 12/3366 comprising Lot 3366 on Plan PH1455 and commonly known as Amphion;
Pastoral Holding 12/5282 comprising Lot 5282 on Plan PH1570 and commonly known as Bingeringo;
Pastoral Holding 5/667 comprising Lot 667 on Plan PH1321 and commonly known as Mount Lookout;
Pastoral Holding 12/5417 comprising Lot 10 on Plan BL49 and commonly known as Avon Downs;
Pastoral Holding 12/5280 comprising Lot 3 on Plan SP147546 and commonly known as Billiwallah;
Pastoral Holding 12/5059 comprising Lot 5059 on Plan PH386 and commonly known as Bundoba;
Pastoral Holding 66/624 comprising Lot 5060 on Plan PH387 and commonly known as Camberwell;
Pastoral Holding 12/691 comprising Lot 691 on Plan PH1291 and commonly known as Yacamunda;
Pastoral Holding 12/3978 comprising Lot 3978 on Plan PH772 and commonly known as Dooyne;
Pastoral Holding 12/642 comprising Lot 10 on Plan BL58 and commonly known as Frankfield;
Pastoral Holding 5/5431 comprising Lot 4 on Plan SM7 and commonly known as Glen Easter;
Pastoral Holding 5/5042 comprising Lot 7 on Plan SM92 and commonly known as Mount Wyatt;
Pastoral Holding 5/5432 comprising Lot 5 on Plan SM7 and commonly known as Sellheim;
Pastoral Holding 5/1496 comprising Lot 1496 on Plan CP851494 and commonly known as Glendon;
Pastoral Holding 12/3291 comprising Lot 1 on Plan SP147546 and commonly known as Goodoawada;
Pastoral Holding 12/3235 comprising Lot 3235 on Plan PH752 and commonly known as Old Twin Hills;
Pastoral Holding 12/5269 comprising Lot 5269 on Plan PH1533 and commonly known as Waminda;
Pastoral Holding 12/656 comprising Lot 656 on Plan SP138788 and commonly known as Lanark;
Pastoral Holding 12/2522 comprising Lot 1 on Plan AY31 and commonly known as Larne;
Pastoral Holding 11/2835 comprising Lot 1 on Plan MRY54 and commonly known as McGregor Creek;
Pastoral Holding 11/668 comprising Lot 10 on Plan SM79 and Lot 6 on Plan SM86 and commonly known as Mount McConnel;
Pastoral Holding 11/3323 comprising Lot 1 on Plan CY20 and commonly known as Panitya;
Pastoral Holding 5/2208 comprising Lot 1 on Plan DK244 and commonly known as Pinang;
Pastoral Holding 0/221638 comprising Lot 18 on Plan SP208194 and commonly known as Teviot Brook;
Pastoral Holding 5/4779 comprising Lot 4779 on Plan PH1806 and commonly known as Ukalunda;
Pastoral Holding 12/3309 comprising Lot 3309 on Plan PH1532 and commonly known as Urella;
Pastoral Holding 12/3615 comprising Lot 3615 on Plan PH681 and commonly known as Wyarra (aka Why Not);
Preferential Pastoral Holding 5/4969 comprising Lot 3 on Plan CP851492 and commonly known as Arundel;
Preferential Pastoral Holding 11/3404 comprising Lot 9 on Plan MRY36 and commonly known as Danae;
Preferential Pastoral Holding 12/5068 comprising Lot 5068 on Plan PH449 and commonly known as Durdham;
Preferential Pastoral Holding 5/4970 comprising Lot 5 on Plan SM84 and commonly known as Gunnadoo (aka Cramoise);
Preferential Pastoral Holding 12/5086 comprising Lot 5086 on Plan SM100 and commonly known as Kenilworth;
Preferential Pastoral Holding 12/5078 comprising Lot 5078 on Plan PH955 and commonly known as Llanarth;
Preferential Pastoral Holding 11/3459 comprising Lot 1 on Plan MRY40 and commonly known as Startlemere;
Preferential Pastoral Holding 12/5070 comprising Lot 5070 on Plan PH1056 and commonly known as Rossmore;
Preferential Pastoral Holding 12/5088 comprising Lot 5088 on Plan SM101 and commonly known as Warrigal;
Preferential Pastoral Holding 12/3408 comprising Lot 1 on Plan AY27 and commonly known as Wilandspey;
Stud Holding 12/637 comprising Lot 637 on Plan PH1980 and commonly known as Elgin Downs;
Term Lease (pastoral) 0/232176 comprising Lot 1 on Plan SM15 and commonly known as Avalon;
Term Lease (pastoral) 0/232169 comprising Lot 1510 on Plan SP171920 and commonly known as Cerito;
Term Lease (pastoral) 0/232171 comprising Lot 3540 on Plan PH2135 and commonly known as Rosetta Creek;
Term Lease (pastoral) 0/232167 comprising Lot 3388 on Plan PH2112 and commonly known as Bilyana;
Term Lease (pastoral) 0/232179 comprising Lot 3570 on Plan PH2142 and commonly known as Bungobine;
Term Lease (pastoral) 0/232154 comprising Lot 636 on Plan PH2182 and commonly known as Eaglefield;
Term Lease (pastoral) 0/232153 comprising Lot 1816 on Plan PH1315 and commonly known as Emin;
Term Lease (pastoral) 0/232178 comprising Lot 2 on Pan SM9 and Lot 1 on Plan SM10 and commonly known as Bobby Dazzler Creek;
Term Lease (pastoral) 0/233595 comprising Lot 1943 on Plan SP221555 and commonly known as Verbena;
Term Lease (pastoral) 0/231890 comprising Lot 3450 on Plan PH2118 and commonly known as Caerphilly;
Term Lease (pastoral) 0/231889 comprising Lot 7 on Plan MRY39 and Lot 9 on Plan MRY50 and commonly known as Moonlight Creek;
Term Lease (pastoral) 0/234678 comprising Lot 5305 on Plan SP240414 and commonly known as Mount Dilligen;
Term Lease (pastoral) 0/234631 comprising Lot 3 on Plan SM93 and commonly known as Scartwater;
Term Lease (pastoral) 0/234397 comprising Lot 3272 on Plan SP237696 and commonly known as Wirralie; or
Term Lease (pastoral) 0/235359 comprising Lot 689 on Plan SP251696 and commonly known as Suttor Creek North. Schedule 3 - NATIVE TITLE HOLDERS The native title holders are the Jangga people, being the descendants of one or more of the following people: (a) Charlie Tiers; (b) Dick Hegarty, also known as Dinduk; (c) Pompey Earl; (d) Mick Havilah (also known as Mick Cotherstone) or his brother Johnny Havilah; (e) Albert Twist; (f) Dick Cook and his wife / partner Lilly Cook; (g) Charlie Pinkipie and his wife / partner Judy Pinkipie; or (h) Billy (also known as King Billy) and his wife / partner Clara (also known as Queen Clara). Schedule 4 - OTHER INTERESTS IN THE DETERMINATION AREA The nature and extent of the other interests in relation to the Determination Area are the following, as they exist as at the date of the determination:
The rights and interests of the parties under the following agreements: (a) the Jangga Protected Areas indigenous land use agreement (body corporate agreement) between Colin McLennan, Thomas Brown, Dorothy Hustler, Marie McLennan, James Gaston, and Tyrone Tiers on their own behalf and on behalf of the Jangga people, the Bulganunna Aboriginal Corporation (ICN 7761), the State of Queensland, and the Bulganunna Aboriginal Corporation RNTBC, which was authorised by the native title claim group on 15 August 2012 and executed by Colin McLennan on 21 August 2012, Thomas Brown on 20 August 2012, Dorothy Hustler on 14 September 2012, Marie McLennan on 23 August 2012, James Gaston on 20 August 2012 and Tyrone Tiers on 14 September 2012, the Bulganunna Aboriginal Corporation (ICN 7761) on 30 August 2012, and the State of Queensland on 6 September 2012 and 17 September 2012, and that agreement once it becomes registered as a body corporate ILUA following execution of the agreement by the registered native title body corporate; (b) the Jangga People - Ergon Energy agreement between Colin McLennan, Thomas Brown, Dorothy Hustler, Marie McLennan, James Gaston, and Tyrone Tiers on their own behalf and on behalf of the Jangga people, the Bulganunna Aboriginal Corporation (ICN 7761), Ergon Energy Corporation Limited (ACN 087 646 062), and the Bulganunna Aboriginal Corporation RNTBC which was authorised by the native title claim group on 15 August 2012 and executed by Colin McLennan on 21 August 2012, Thomas Brown on 20 August 2012, Dorothy Hustler on 14 September 2012, Marie McLennan on 23 August 2012, James Gaston on 30 August 2012 and Tyrone Tiers on 14 September 2012, the Bulganunna Aboriginal Corporation (ICN 7761) on 30 August 2012, and Ergon Energy Corporation Limited on 13 September 2012, and that agreement once it becomes registered as a body corporate ILUA following execution of the agreement by the registered native title body corporate; (c) the Jangga People and Charters Towers Regional Council, Isaac Regional Council and Whitsunday Regional Council indigenous land use agreement (QI2007/007) between Thomas Brown, James Gaston, Dorothy Hustler, Colin McLennan, Marie McLennan and Tyrone Tiers as the registered native title claimants for Native Title Determination Application QUD6230/98 Jangga People and Isaac Regional Council, Charters Towers Regional Council and Whitsunday Regional Council entered on the Register of Indigenous Land Use Agreements on 11 February 2010; (d) the Jangga/Amphion and Bingeringo ILUA between the Applicant and Neil Alan Angus, Narelle Gaye Angus and Luke Gregg Angus, which was authorised by the native title claim group on 15 August 2012, and that agreement once it becomes registered as a body corporate ILUA following execution of the agreement by the registered native title body corporate; (e) the Jangga/Arundel ILUA between the Applicant and Susan Bessie Shann and Harry Athol Shann, which was authorised by the native title claim group on 15 August 2012, and that agreement once it becomes registered as a body corporate ILUA following execution of the agreement by the registered native title body corporate; (f) the Jangga/Avalon, Cerito, Mount Lookout and Rosetta Creek ILUA between the Applicant and Edward Peter Mason, Mora Ellen Mason and Valda Ann Mason, which was authorised by the native title claim group on 15 August 2012, and that agreement once it becomes registered as a body corporate ILUA following execution of the agreement by the registered native title body corporate; (g) the Jangga/Avon Downs ILUA between the Applicant and Richard Hugh Simmons and Robyn Jane Simmons, which was authorised by the native title claim group on 15 August 2012, and that agreement once it becomes registered as a body corporate ILUA following execution of the agreement by the registered native title body corporate; (h) the Jangga/Billiwallah ILUA between the Applicant and William Dale Appleton and Kristine Margaret Appleton, which was authorised by the native title claim group on 15 August 2012, and that agreement once it becomes registered as a body corporate ILUA following execution of the agreement by the registered native title body corporate; (i) the Jangga/Bilyana, Bungobine, Eaglefield and Emin ILUA between the Applicant and Edward Peter Mason, Mora Ellen Mason, Valda Ann Mason, Eagle Field Pastoral Company Pty Ltd, Rhodes Creek Pastoral Company Pty Ltd, Emin Pastoral Company Pty Ltd and Bilyana Pastoral Company Pty Ltd, which was authorised by the native title claim group on 15 August 2012, and that agreement once it becomes registered as a body corporate ILUA following execution of the agreement by the registered native title body corporate; (j) the Jangga/Bobby Dazzler Creek ILUA between the Applicant and Mora Ellen Mason, which was authorised by the native title claim group on 15 August 2012, and that agreement once it becomes registered as a body corporate ILUA following execution of the agreement by the registered native title body corporate; (k) the Jangga/Bundoba, Camberwell, Verbena and Yacamunda ILUA between the Applicant and John Barry Scott, Coral May Scott, Owen Bryon Scott and Gavin Wayne Scott, which was authorised by the native title claim group on 15 August 2012, and that agreement once it becomes registered as a body corporate ILUA following execution of the agreement by the registered native title body corporate; (l) the Jangga/Caerphilly ILUA between the Applicant and Blue Sky Trading (NQ) Pty Ltd, which was authorised by the native title claim group on 15 August 2012, and that agreement once it becomes registered as a body corporate ILUA following execution of the agreement by the registered native title body corporate; (m) the Jangga/Danae ILUA between the Applicant and Robert Andrew Andison, which was authorised by the native title claim group on 15 August 2012, and that agreement once it becomes registered as a body corporate ILUA following execution of the agreement by the registered native title body corporate; (n) the Jangga/Disney ILUA between the Applicant and Paul Joseph Kirkwood, Margaret Agnes Kirkwood and Timothy John Kirkwood, which was authorised by the native title claim group on 15 August 2012, and that agreement once it becomes registered as a body corporate ILUA following execution of the agreement by the registered native title body corporate; (o) the Jangga/Dooyne ILUA between the Applicant and Coovin Pastoral Company Pty Ltd, which was authorised by the native title claim group on 15 August 2012, and that agreement once it becomes registered as a body corporate ILUA following execution of the agreement by the registered native title body corporate; (p) the Jangga/Durdham ILUA between the Applicant and Daniel John Turley and Marie Ann Turley, which was authorised by the native title claim group on 15 August 2012, and that agreement once it becomes registered as a body corporate ILUA following execution of the agreement by the registered native title body corporate; (q) the Jangga/Elgin Downs ILUA between the Applicant and Elgin Downs Pastoral Company Pty Ltd, which was authorised by the native title claim group on 15 August 2012, and that agreement once it becomes registered as a body corporate ILUA following execution of the agreement by the registered native title body corporate; (r) the Jangga/Frankfield ILUA between the Applicant and Frankfield Pastoral Company CQ Pty Ltd, which was authorised by the native title claim group on 15 August 2012, and that agreement once it becomes registered as a body corporate ILUA following execution of the agreement by the registered native title body corporate; (s) the Jangga/Glen Easter, Mount Wyatt and Sellheim ILUA between the Applicant and Dooruna Pastoral Company Pty Ltd, which was authorised by the native title claim group on 15 August 2012, and that agreement once it becomes registered as a body corporate ILUA following execution of the agreement by the registered native title body corporate; (t) the Jangga/Glendon ILUA between the Applicant and George William Nicolson, which was authorised by the native title claim group on 15 August 2012, and that agreement once it becomes registered as a body corporate ILUA following execution of the agreement by the registered native title body corporate; (u) the Jangga/Goodoawada, Old Twin Hills and Waminda ILUA between the Applicant and Edwin Francis Dennis, which was authorised by the native title claim group on 15 August 2012, and that agreement once it becomes registered as a body corporate ILUA following execution of the agreement by the registered native title body corporate; (v) the Jangga/Gunjulla ILUA between the Applicant and Stratford Pastoral Pty Ltd, which was authorised by the native title claim group on 15 August 2012, and that agreement once it becomes registered as a body corporate ILUA following execution of the agreement by the registered native title body corporate; (w) the Jangga/Gunnadoo (aka Cramoisie) ILUA between the Applicant and Central (Qld) Holdings Pty Ltd, which was authorised by the native title claim group on 15 August 2012, and that agreement once it becomes registered as a body corporate ILUA following execution of the agreement by the registered native title body corporate; (x) the Jangga/Ill-I-Ra (aka Bungobine) ILUA between the Applicant and John Peter Pastega and Helen Pastega, which was authorised by the native title claim group on 15 August 2012, and that agreement once it becomes registered as a body corporate ILUA following execution of the agreement by the registered native title body corporate; (y) the Jangga/Kenilworth ILUA between the Applicant and Kelvin Cedric Maloney, which was authorised by the native title claim group on 15 August 2012, and that agreement once it becomes registered as a body corporate ILUA following execution of the agreement by the registered native title body corporate; (z) the Jangga/Lanark ILUA between the Applicant and New Twin Hills Pastoral Company Pty Ltd, which was authorised by the native title claim group on 15 August 2012, and that agreement once it becomes registered as a body corporate ILUA following execution of the agreement by the registered native title body corporate; (aa) the Jangga/Larne ILUA between the Applicant and Brian Allan Corbett and Lorraine Ellen Corbett, which was authorised by the native title claim group on 15 August 2012, and that agreement once it becomes registered as a body corporate ILUA following execution of the agreement by the registered native title body corporate; (bb) the Jangga/Llanarth ILUA between the Applicant and William Terrence Kenny, which was authorised by the native title claim group on 15 August 2012, and that agreement once it becomes registered as a body corporate ILUA following execution of the agreement by the registered native title body corporate; (cc) the Jangga/McGregor Creek ILUA between the Applicant and Colin Deane Hewitt and Linda Elizabeth Hewitt, which was authorised by the native title claim group on 15 August 2012, and that agreement once it becomes registered as a body corporate ILUA following execution of the agreement by the registered native title body corporate; (dd) the Jangga/Moonlight Creek ILUA between the Applicant and Robert Duckett and Lillian Mary Duckett, which was authorised by the native title claim group on 15 August 2012, and that agreement once it becomes registered as a body corporate ILUA following execution of the agreement by the registered native title body corporate; (ee) the Jangga/Mount Dillingen ILUA between the Applicant and Margaret Mary Flohr and Ross William Flohr, which was authorised by the native title claim group on 15 August 2012, and that agreement once it becomes registered as a body corporate ILUA following execution of the agreement by the registered native title body corporate; (ff) the Jangga/Mount McConnel ILUA between the Applicant and Meryl Elizabeth Glenwright, Dawn Elizabeth Glenwright and Jon Alan Glenwright, which was authorised by the native title claim group on 15 August 2012, and that agreement once it becomes registered as a body corporate ILUA following execution of the agreement by the registered native title body corporate; (gg) the Jangga/Panitya and Startlemere ILUA between the Applicant and Christopher William Allingham, Lorna Patricia Allingham and Ainslie Bruce Mackenzie Templeton, which was authorised by the native title claim group on 15 August 2012, and that agreement once it becomes registered as a body corporate ILUA following execution of the agreement by the registered native title body corporate; (hh) the Jangga/Pinang ILUA between the Applicant and Jonathon Charles Philip and Margaret Elvey Philp, which was authorised by the native title claim group on 15 August 2012, and that agreement once it becomes registered as a body corporate ILUA following execution of the agreement by the registered native title body corporate; (ii) the Jangga/Rossmore ILUA between the Applicant and Beryl Angus Hall, which was authorised by the native title claim group on 15 August 2012, and that agreement once it becomes registered as a body corporate ILUA following execution of the agreement by the registered native title body corporate; (jj) the Jangga/Scartwater ILUA between the Applicant and Reginald Jospeh Pedracini, Beverley Isabell Jane Pedracini and Ian Benjamin Pedracini, which was authorised by the native title claim group on 15 August 2012, and that agreement once it becomes registered as a body corporate ILUA following execution of the agreement by the registered native title body corporate; (kk) the Jangga/Suttor Creek ILUA between the Applicant and Henry Raymond Gillham and William Raymond Gillham, which was authorised by the native title claim group on 15 August 2012, and that agreement once it becomes registered as a body corporate ILUA following execution of the agreement by the registered native title body corporate; (ll) the Jangga/Teviot Brook ILUA between the Applicant and Allan Gordon Homer Williams, which was authorised by the native title claim group on 15 August 2012, and that agreement once it becomes registered as a body corporate ILUA following execution of the agreement by the registered native title body corporate; (mm) the Jangga/Ukalunda ILUA between the Applicant and George Edward Whalan and Marion Catherine Whalan, which was authorised by the native title claim group on 15 August 2012, and that agreement once it becomes registered as a body corporate ILUA following execution of the agreement by the registered native title body corporate; (nn) the Jangga/Urella ILUA between the Applicant and Dale Gordon Frincis Dennis and Lorissa Dennis, which was authorised by the native title claim group on 15 August 2012, and that agreement once it becomes registered as a body corporate ILUA following execution of the agreement by the registered native title body corporate; (oo) the Jangga/Warrigal ILUA between the Applicant and Richard McAulay Powell, which was authorised by the native title claim group on 15 August 2012, and that agreement once it becomes registered as a body corporate ILUA following execution of the agreement by the registered native title body corporate; (pp) the Jangga/Wilandspey ILUA between the Applicant and Ralph Eric Martel, which was authorised by the native title claim group on 15 August 2012, and that agreement once it becomes registered as a body corporate ILUA following execution of the agreement by the registered native title body corporate; (qq) the Jangga/Wirralie ILUA between the Applicant and Joyce Iris Crocker, which was authorised by the native title claim group on 15 August 2012, and that agreement once it becomes registered as a body corporate ILUA following execution of the agreement by the registered native title body corporate; and (rr) the Jangga/Wyarra (aka Why Not) ILUA between the Applicant and Stephen John Plath and Jennifer Maria Plath, which was authorised by the native title claim group on 15 August 2012, and that agreement once it becomes registered as a body corporate ILUA following execution of the agreement by the registered native title body corporate.
The rights and interests of the holders of any authorities, licences, permits or allocations under the Water Act 2000 (Qld) and any relevant regulations or subordinate legislation made under that Act.
The rights and interests of the holders of any leases, licences, reservations, permits, easements or authorities granted under the Land Act 1994 (Qld), and any relevant regulations or subordinate legislation made under that Act, including the following leases and permits: Pastoral Development Holding 12/3279 comprising Lot 3279 on Plan PH1787 and commonly known as Ill-I-Ra (aka Bungobine); Pastoral Development Holding 12/3821 comprising Lot 3821 on Plan PH1304 and commonly known as Gunjulla; Pastoral Development Holding 12/5189 comprising Lot 4 on Plan SP116046 and commonly known as Disney; Pastoral Development Holding 30/682 comprising Lot 682 on Plan CP906890 and commonly known as Suttor Creek; Pastoral Holding 0/221638 comprising Lot 18 on Plan SP208194 and commonly known as Teviot Brook; Pastoral Holding 11/2835 comprising Lot 1 on Plan MRY54 and commonly known as McGregor Creek; Pastoral Holding 11/3323 comprising Lot 1 on Plan CY20 and commonly known as Panitya; Pastoral Holding 11/668 comprising Lot 10 on Plan SM79 and Lot 6 on Plan SM86 and commonly known as Mount McConnel; Pastoral Holding 12/2522 comprising Lot 1 on Plan AY31 and commonly known as Larne; Pastoral Holding 12/3235 comprising Lot 3235 on Plan PH752 and commonly known as Old Twin Hills; Pastoral Holding 12/3291 comprising Lot 1 on Plan SP147546 and commonly known as Goodoawada; Pastoral Holding 12/3309 comprising Lot 3309 on Plan PH1532 and commonly known as Urella; Pastoral Holding 12/3366 comprising Lot 3366 on Plan PH1455 and commonly known as Amphion; Pastoral Holding 12/3615 comprising Lot 3615 on Plan PH681 and commonly known as Wyarra (aka Why Not); Pastoral Holding 12/3978 comprising Lot 3978 on Plan PH772 and commonly known as Dooyne; Pastoral Holding 12/5059 comprising Lot 5059 on Plan PH386 and commonly known as Bundoba; Pastoral Holding 12/5269 comprising Lot 5269 on Plan PH1533 and commonly known as Waminda; Pastoral Holding 12/5280 comprising Lot 3 on Plan SP147546 and commonly known as Billiwallah; Pastoral Holding 12/5282 comprising Lot 5282 on Plan PH1570 and commonly known as Bingeringo; Pastoral Holding 12/5417 comprising Lot 10 on Plan BL49 and commonly known as Avon Downs; Pastoral Holding 12/642 comprising Lot 10 on Plan BL58 and commonly known as Frankfield; Pastoral Holding 12/656 comprising Lot 656 on Plan SP138788 and commonly known as Lanark; Pastoral Holding 12/691 comprising Lot 691 on Plan PH1291 and commonly known as Yacamunda; Pastoral Holding 5/1496 comprising Lot 1496 on Plan CP851494 and commonly known as Glendon; Pastoral Holding 5/2208 comprising Lot 1 on Plan DK244 and commonly known as Pinang; Pastoral Holding 5/4779 comprising Lot 4779 on Plan PH1806 and commonly known as Ukalunda; Pastoral Holding 5/5042 comprising Lot 7 on Plan SM92 and commonly known as Mount Wyatt; Pastoral Holding 5/5431 comprising Lot 4 on Plan SM7 and commonly known as Glen Easter; Pastoral Holding 5/5432 comprising Lot 5 on Plan SM7 and commonly known as Sellheim; Pastoral Holding 5/667 comprising Lot 667 on Plan PH1321 and commonly known as Mount Lookout; Pastoral Holding 66/624 comprising Lot 5060 on Plan PH387 and commonly known as Camberwell; Permit to Occupy 0/210944 comprising Lot A on Plan AP2812; Preferential Pastoral Holding 11/3404 comprising Lot 9 on Plan MRY36 and commonly known as Danae; Preferential Pastoral Holding 11/3459 comprising Lot 1 on Plan MRY40 and commonly known as Startlemere; Preferential Pastoral Holding 12/3408 comprising Lot 1 on Plan AY27 and commonly known as Wilandspey; Preferential Pastoral Holding 12/5068 comprising Lot 5068 on Plan PH449 and commonly known as Durdham; Preferential Pastoral Holding 12/5070 comprising Lot 5070 on Plan PH1056 and commonly known as Rossmore; Preferential Pastoral Holding 12/5078 comprising Lot 5078 on Plan PH955 and commonly known as Llanarth; Preferential Pastoral Holding 12/5086 comprising Lot 5086 on Plan M100 and commonly known as Kenilworth; Preferential Pastoral Holding 12/5088 comprising Lot 5088 on Plan SM101 and commonly known as Warrigal; Preferential Pastoral Holding 5/4969 comprising Lot 3 on Plan CP851492 and commonly known as Arundel; Preferential Pastoral Holding 5/4970 comprising Lot 5 on Plan SM84 and commonly known as Gunnadoo (aka Cramoise); Stud Holding 12/637 comprising Lot 637 on Plan PH1980 and commonly known as Elgin Downs; Term Lease 0/235588 comprising Lot 5 on Plan DK103; Term Lease 0/207430 comprising Lot 2 on Plan SM12; Term Lease 0/209654 comprising Lot 4 on Plan DK31; Term Lease 0/212487 comprising Lot A on Plan SM63; Term Lease 0/231889 comprising Lot 7 on Plan MRY39 and Lot 9 on Plan MRY50 and commonly known as Moonlight Creek; Term Lease 0/231890 comprising Lot 3450 on Plan PH2118 and commonly known as Caerphilly; Term Lease 0/232153 comprising Lot 1816 on Plan PH1315 and commonly known as Emin; Term Lease 0/232154 comprising Lot 636 on Plan PH2182 and commonly known as Eaglefield; Term Lease 0/232167 comprising Lot 3388 on Plan PH2112 and commonly known as Bilyana; Term Lease 0/232169 comprising Lot 1510 on Plan SP171920 and commonly known as Cerito; Term Lease 0/232171 comprising Lot 3540 on Plan PH2135 and commonly known as Rosetta Creek; Term Lease 0/232176 comprising Lot 1 on Plan SM15 and commonly known as Avalon; Term Lease 0/232178 comprising Lot 2 on Plan SM9 and Lot 1 on Plan SM10 and commonly known as Bobby Dazzler Creek; Term Lease 0/232179 comprising Lot 3570 on Plan PH2142 and commonly known as Bungobine; Term Lease 0/233595 comprising Lot 1943 on Plan SP221555 and commonly known as Verbena; Term Lease 0/234397 comprising Lot 3272 on Plan 237696 and commonly known as Wirralie; Term Lease 0/234631 comprising Lot 3 on Plan SM93 and commonly known as Scartwater; and Term Lease 0/234678 comprising Lot 5305 on Plan SP240414 and commonly known as Mount Dilligen.

The rights and interests of the State of Queensland and the holders of any leases, agreements, licences, permits or authorities pursuant to the Nature Conservation Act 1992 (Qld) and subordinate legislation relating to the use and management of: (a) Wilandspey Conservation Park; and (b) Blackwood National Park.
The rights and interests of the State of Queensland and any other person (as applicable) existing under or by reason of the force and operation of the Forestry Act 1959 (Qld) and any subordinate legislation, declarations or management plans made under that Act.
The rights and interests of the holders of any permits, claims, licences or leases granted under the Mineral Resources Act 1989 (Qld) or under the Petroleum Act 1923 (Qld) or the Petroleum and Gas (Production and Safety) Act 2004 (Qld) in the Determination Area as may be current as at the date of the determination.
The rights and interests of Xstrata Coal Queensland Pty Ltd (ACN 098 156 702): (a) as the holder of mining leases ML 4748, ML 4771, ML 4774 and ML 4761 granted under the Mineral Resources Act 1989 (Qld); (b) as the holder of exploration permits EPC 727, EPC 976 and EPC 977 granted under the Mineral Resources Act 1989 (Qld); (c) as lessee under pastoral holding PDH 5/3807 on Lot 3 on Plan SP171922; (d) arising under the Cultural Heritage Management Plan Implementation Agreement - Suttor Creek Mining Lease between Xstrata Coal Queensland Pty Ltd and the Applicant dated 30 November 2004; (e) arising under the Deed Regarding the Grant of Mining Lease Surface Area pursuant to s 31 of the Native Title Act 1993 (Cth) for ML 4761 between Xstrata Coal Queensland Pty Ltd, ICRA NCA Pty Limited, Sumisho Coal Australia Pty Ltd, Itochu Coal Resources Australia Pty Limited, the Applicant and the State of Queensland dated 13 December 2005 (the "Section 31 Deed") and associated "Ancillary Agreement" as defined in the Section 31 Deed between Xstrata Coal Queensland Pty Ltd, ICRA NCA Pty Limited, Sumisho Coal Australia Pty Ltd, Itochu Coal Resources Australia Pty Limited and the Applicant; and (f) arising under the Suttor Creek Access Road Agreement between Xstrata Coal Queensland Pty Ltd and Colin McLennan, Thomas Brown, Dorothy Hustler, Marie McLennan, and James Gaston on their own behalf and on behalf of the Jangga People Native Title Claim Group dated 6 February 2004, and under the Deed of Confirmation and Assumption for the Suttor Creek Access Road between Xstrata Coal Queensland Pty Ltd, Paul Butterworth and Tyrone Tiers dated 30 November 2004.
The rights and interests of Ergon Energy Corporation Limited (ACN 087 646 062): (a) as the owner and operator of any "Works" as that term is defined in the Electricity Act 1994 (Qld) within the Determination Area; (b) as a distribution entity and the holder of a distribution authority under the Electricity Act 1994 (Qld); (c) created under the Electricity Act 1994 (Qld) and the Government Owned Corporations Act 1993 (Qld), including: (i) rights in relation to any agreement relating to the Determination Area existing or entered into before the date of the determination; (ii) rights to enter the Determination Area by its employees, agents or contractors to exercise any of the rights and interests referred to in this paragraph; and (iii) to inspect, maintain and manage any Works in the Determination Area.
The rights and interests of Queensland Electricity Transmission Corporation Limited (ACN 078 849 233) trading as Powerlink Queensland as an electricity entity exercising statutory functions, power or rights, and as the owner and operator of electricity transmission facilities and associated infrastructure situated upon the Determination Area, including but not limited to the right to enter upon the Determination Area in order to access, use, maintain, repair, replace, upgrade, or otherwise deal with those facilities and infrastructure in accordance with the law.
The rights and interests of Isaac Regional Council, Charters Towers Regional Council and Whitsunday Regional Council including any rights the Councils, their employees, agents or contractors have: (a) under their local government jurisdiction and functions under the Local Government Act 2009 (Qld), under the Land Protection (Pests and Stock Route Management) Act 2002 (Qld) and under any other legislation, for that part of the Determination Area within their local government area, as defined in the Local Government Act 2009 (Qld); (b) as the: (i) lessor under any leases which were entered into as at the date of the determination; (ii) grantor of any licences or other rights and interests which were granted as at the date of the determination; (iii) holder of any estate or interest in land, and as trustee of any reserves, that exist in the Determination Area as at the date of the determination; (c) as the owner and operator of infrastructure, facilities and other improvements located in the Determination Area as at the date of the determination, including but not limited to: (i) dedicated roads operated by Council; (ii) gravel pits operated by Council; (iii) undedicated but constructed roads except for those not operated by Council; (iv) water pipelines and other water supply infrastructure; (v) drainage facilities; (vi) cemetery and cemetery related facilities; and (d) to enter the land described in paragraph 10 to: (i) exercise any of the rights and interests referred to in paragraph 10; (ii) inspect, maintain and repair the infrastructure, facilities and other improvements referred to in sub-paragraph 10(c); and (iii) undertake operational activities in its capacity as a local government such as feral animal control, weed control, erosion control, waste management and fire management.
The rights and interests of QCoal Pty Ltd (ACN 010 911 234) and any Related Body Corporate or any Related Entity (as those terms are defined in the Corporations Act 2001 (Cth)): (a) as the holder of exploration permits EPC 614, EPC 739 and EPM 18546 granted under the Mineral Resources Act 1989 (Qld); (b) as the lessee under term lease described as TL 0/235359 over Lot 689 on Plan SP251696; (c) arising under the Cultural Heritage Management Plan between Byerwen Coal Pty Ltd and Colin McLennan, James Gaston, Thomas Brown, Tyrone Tiers, Dorothy Hustler and Marie McLennan on their own behalf and on behalf of the Jangga People dated 23 June 2011; and (d) arising under the Deed Regarding the Grant of Mining Leases 70434 and 70436 pursuant to section 31(1)(b) of the Native Title Act 1993 (Cth) between the State of Queensland, the Jangga People and Byerwen Coal Pty Ltd dated 21 July 2011 (the "Section 31 Deed") and associated "Ancilliary Agreement" as defined in the Section 31 Deed between Byerwen Coal Pty Ltd and the Jangga People.
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 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, access agreement or easement relating to its telecommunications facilities in the Determination Area.
So far as confirmed pursuant to s 212(2) of the Native Title Act 1993 (Cth) and s 18 of the Native Title (Queensland) Act 1993 (Qld) as at the date of this determination, any existing public access to, and enjoyment of, the following places in the Determination Area: (a) waterways; (b) beds and banks or foreshores of waterways; (c) stock routes; and (d) areas that were public places at the end of 31 December 1993.
The rights and interests of members of the public arising under the common law, including but not limited to the public right to fish.
Any other rights and interests: (a) held by the State of Queensland or Commonwealth of Australia; or (b) existing by reason of the force and operation of the Laws of the State or the Commonwealth. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

IN THE FEDERAL COURT OF AUSTRALIA QUEENSLAND DISTRICT REGISTRY GENERAL DIVISION QUD 6230 of 1998

BETWEEN: COLIN MCLENNAN, THOMAS BROWN, JAMES GASTON, DOROTHY HUSTLER, MARIE MCLENNAN AND TYRONE TIERS ON BEHALF OF THE JANGGA PEOPLE

AND: STATE OF QUEENSLAND AND OTHERS (ACCORDING TO THE SCHEDULE)

JUDGE: RARES J DATE: 16 JULY 2013 PLACE: BRISBANE

REASONS FOR JUDGMENT (REVISED FROM THE TRANSCRIPT) 1 On 9 October 2012, I made a consent determination in these proceedings: McLennan on behalf of the Jangga People v State of Queensland [2012] FCA 1082. Subsequently, the State of Queensland ascertained that there were three errors in the conveyancing descriptions forming part of the consent determination. It is generally the responsibility of the State or Territory Government party to ascertain and properly identify the title details of the lands intended to be affected by, or excluded from, a consent determination for inclusion in it. The State applied, by an interlocutory application filed on 2 July 2013, to correct those errors. All of the parties consent to the corrections being made.

The errors 2 The State identified that one parcel, Lot 1 on Plan AP6506, which was within the external boundary of the determination area, should have been included as an area over which non-exclusive native title rights and interests were recognised. However, that parcel was mistakenly omitted from being so described. 3 The second parcel, being part of Lot 4 on Plan SP210553, was incompletely described. The third parcel, being Lot 2 on Plan SP245736, was listed as an area excluded in schedule 2 of the determination. However, that parcel was identified on the determination map included in the orders made on 9 October 2012 by its former lot numbering.

Consideration 4 Under r 39.05(f) of the Federal Court Rules 2011 (Cth) the Court may vary or set aside a judgment or order after it has been entered, if the party in whose favour it was made consents. Here, all parties, including the applicant, consent. 5 I raised with the parties whether it might be better to make the order pursuant to s 13(5)(b) of the Native Title Act 1993 (Cth). However, the State pointed out that this would involve the necessity of undertaking the notification procedure in ss 61, 63 and 66 of the Act for the reasons given by North J in Lovett v Victoria (No 4) (2011) 195 FCR 198 at 200 [7]-[9]. Given the relatively minor nature of the variations in the scheme of the consent determination as a whole, and the consent of all the parties, it is manifestly in the interests of justice that a speedy and efficient procedure be utilised with the minimum of expense. 6 Accordingly, I am satisfied by the evidence in the affidavit of Lisa Joan Carmody affirmed on 25 January 2013 (but filed on 2 July 2013) that a variation should be made in the form of the amended order annexed to her affidavit. I will settle the final form of that order in chambers as I suggested in the course of argument today. I certify that the preceding six (6) numbered paragraph is a true copy of the Reasons for Judgment herein of the Honourable Justice Rares.

Associate: Dated: 8 August 2013 SCHEDULE QUD 6230 of 1998 BETWEEN: COLIN MCLENNAN, THOMAS BROWN, JAMES GASTON, DOROTHY HUSTLER, MARIE MCLENNAN AND TYRONE TIERS ON BEHALF OF THE JANGGA PEOPLE Applicant AND: STATE OF QUEENSLAND First Respondent CHARTERS TOWERS REGIONAL COUNCIL Second Respondent ISAAC REGIONAL COUNCIL Third Respondent WHITSUNDAY REGIONAL COUNCIL Fourth Respondent ERGON ENERGY CORPORATION LIMITED Fifth Respondent QCOAL PTY LTD Sixth Respondent TALBOT GROUP EXPLORATION PTY LTD Seventh Respondent XSTRATA COAL QUEENSLAND PTY LTD Eighth Respondent COLINTA HOLDINGS PTY LTD Ninth Respondent CHRISTOPER W ALLINGHAM, LORNA P ALLINGHAM, JOSEPHINE VIOLET ANGUS, BLAIR JOHN ANGUS, CLOVA MARIE ANGUS, NEIL ALAN ANGUS, BRIAN CORBETT, LORRAINE CORBETT, JOYCE IRIS CROCKER, EDWIN FRANCIS DENNIS, PATRICIA ROBYN DENNIS, LILLIAN MARY DUCKETT, ROBERT DUCKETT, ROSS WILLIAM FLOHR, MARGARET MARY FLOHR, MERYL ELIZABETH GLENWRIGHT, DAWN ELIZABETH GLENWRIGHT, JON ALAN GLENWRIGHT, WILLIAM TERENCE KENNY, KELVIN CEDRIC MALONEY, EDWARD PETER MASON, MORA ELLEN MASON, VALDA ANN MASON, HELEN PASTEGA, JOHN PETER PASTEGA, MARGARET ELVEY PHILIP, JONATHON CHARLES PHILIP, JENNIFER MARIA PLATH, STEPHEN JOHN PLATH, RICHARD MCAULAY POWELL, ROBYN JANE SIMMONS, RICHARD HUGH SIMMONS, AINSLIE BRUCE MCKENZIE TEMPLETON, MARION CATHERINE WHALAN, GEORGE EDWARD WHALAN, KRISTINE MARGARET APPLETON AND WILLIAM DALE APPLETON Tenth Respondent

Land Protection (Pests and Stock Route Management) Act 2002(Qld)

(Cth), the Telecommunications Act 1975(Cth)

(Cth), the Australian Telecommunications Corporation Act 1989(Cth)

(Cth), the Telecommunications Act 1991(Cth)

Native Title Act 1993(Cth)s 13(5)(b)

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