'Pooncarie' Barkandji (Paakantyi) People v NSW Minister for Land & Water Conservation

The notice of motion 5 Attempts to resolve the dispute referred to above have been unsuccessful and, pursuant to resolutions passed at a meeting of the Claim Group on 1 October 2005, culminated in the filing of a notice of motion on 14 October 2005. By this notice of motion, an amended version of which was filed in Court on 13 December 2005, members of the Claim Group seek an order under s 66B of the Native Title Act 1993 (Cth) ('the NTA') replacing the current applicant on grounds that the current applicant is no longer authorised by the claim group to make the application and to deal with matters arising in relation to it. In effect the motion seeks: (a) to remove Mr Lawson and Mr Johnson from the applicant group as well as a third member, Mrs Patricia Johnson; and (b) to add two new members, Mr Murray Butcher and Mr Derek Hardman. Mr Lawson and Mr Johnson oppose the application to remove them; Mrs Johnson has not appeared or made any submissions however it is alleged that, because of her ill health, she no longer wishes to be part of the group that comprises the applicant or to be involved in the management of the proceeding.

Application for representation by a non-lawyer 6 On 30 November 2005, Mr Lawson and Mr Johnson applied for leave to be represented by Mr Mark Dengate who is neither a barrister nor a solicitor. At the directions hearing on 5 December, Mr Lawson and Mr Johnson appeared by telephone to press this application as did Mr Dengate, who currently has leave to appear in a related compensation matter. 7 In support of their application for leave to be represented by a non-lawyer, Messrs Lawson and Johnson contended that Mr Dengate understood their position and was willing to assist them. It was evident from their statements that they have a degree of confidence in Mr Dengate. For his part, Mr Dengate referred to the fact that neither Mr Lawson nor Mr Johnson could read or write sufficiently to cope with representing themselves and that without his assistance they would have no representation. He submitted that he has experience in these matters and is in a position to assist the Court. 8 Section 85 of the NTA provides that a 'party may appear in person or may be represented by a barrister, a solicitor or, with the leave of the Federal Court, another person'. Although Messrs Lawson and Johnson are members of the applicant group they are not, as individuals, parties to this proceeding: see s 61(2) of the NTA. Nevertheless they are, effectively, the contradictors to the present motion. I am satisfied, therefore, that under the Court's power to do that which is incidental or necessary to the exercise of the powers conferred on it, in this case by s 66B of the NTA, I have jurisdiction to entertain the application for leave for Mr Dengate to appear. In Melaleuca of Australia & New Zealand Pty Ltd v Duck [2005] FCA 1481, Bennett J helpfully summarised the Court's 'inherent' power in this regard at [5]-[15]. While I would prefer to take the approach advocated in Parsons v Martin (1984) 5 FCR 235 at 241 and refer to this power as an 'incidental and necessary power of a statutory court' rather than as 'inherent', I respectfully accept her Honour's statement of the generally applicable principles. 9 In particular, I see no reason why the Court's incidental power to grant a person leave to appear by a non-lawyer and the power to do so under s 85 of the NTA should not involve similar considerations, particularly in the current context. In Harrington-Smith on behalf of the Wongatha People v State of Western Australia [2002] FCA 871, Lindgren J stated at [20] in relation to an application for leave under s 85: 'What should be clearly understood is that leave is required because it is not to be taken for granted that a person who is not a solicitor or barrister will be allowed to represent a party. Perhaps Dolly Walker thinks that leave is granted as a matter of course, just for the asking. This is not so and for good reason. Solicitors and barristers are qualified by education and training to represent parties and are subject to professional and curial disciplines and responsibilities. The requirement of leave is imposed for the reason that the Court must be satisfied that it is in the interests of the administration of justice in all the circumstances that a party be represented by a person who is not a solicitor or barrister.' See also, Adnyamathanha People No 1 v South Australia (2004) 208 ALR 91 at [9] et seq. 10 In opposing the application for leave for Mr Dengate to appear, Ms Phillips, who appeared for New South Wales Native Title Services ('NTS'), pointed out that the application for leave (which was signed by Mr Dengate) sought to have him represent Mr Lawson and Mr Johnson not only in respect of the present motion but also in the substantive proceedings. The notion that there is any scope for members of the applicant group to be separately represented fundamentally misconceives the role of those comprising an applicant in native title proceedings. As I pointed out in Johnson on behalf of the Barkandji (Paakantyi) People v Minister for Land and Water Conservation for the State of New South Wales [2003] FCA 981 ('Johnson') at [8]: 'Such applicants are representatives of the claimant group; they have no personal interest other than as members of the claimant group and for this reason their interests do not differ from each other or from the claimant group and separate representation is inappropriate and unacceptable.' 11 I am satisfied that, in the present circumstances, it is not in the interests of justice for Mr Dengate to be permitted to represent Mr Lawson and Mr Johnson. With the greatest respect to Mr Dengate, and despite his genuine commitment to his clients, I am convinced that he has neither the discipline nor the understanding to assist them or the Court. I am confirmed in this view by my previous experience of Mr Dengate as an advocate; see my comments in Johnson at [14]-[16] and Johnson on behalf of the Barkandji (Paakantyi) People v Minister for Land and Water Conservation for the State of New South Wales [2003] FCA 1411 at [4]-[6]. For these reasons I declined to grant leave for Mr Dengate to appear. 12 It is also relevant to note that Messrs Lawson and Johnson have some experience in native title proceedings in this Court and, as it transpired, their evidence and submissions at the motion hearing were cogent, relevant and explained the dispute between the parties clearly.

Objection to proposed date for hearing of the notice of motion 13 A further issue was raised at the directions hearing of 5 December 2005 in relation to the suitability or otherwise of the proposed hearing date; 13 December 2005. Mr Dengate contended that there had been delays in the service of the documents relating to the motion. He stated that Mr Lawson had not been served with all the documents until 21 November 2005. Consequently, he argued that it was not appropriate to hear the motion on 13 December 2005. 14 Ms Phillips conceded that there was some delay in formally serving all the material on Messrs Lawson and Johnson. However, she contended, and the evidence supports her contention, that they had been on notice of the motion seeking to replace them as part of the group comprising the applicant since early October. In particular, she referred to correspondence dated 7 October 2005 from NTS to both Mr Lawson and Mr Johnson advising them that the 1 October meeting had resolved to invite them to resign from the applicant group and had authorised other members of the Claim Group to replace them. It is plain that this correspondence was received as by letter dated 11 October 2005 a solicitor wrote on their behalf to NTS indicating that they did not intend to resign. 15 Following this refusal, NTS moved to replace them under s 66B of the NTA. Neither Mr Lawson nor Mr Johnson attended the directions hearing of 14 October 2005 at which the motion seeking orders under s 66B was filed and a timetable put in place. In these circumstances I was satisfied that the hearing date of 13 December 2005 should be retained. 16 It is also relevant to note that following the above discussions with Messrs Lawson, Johnson and Dengate, all of whom appeared by telephone from separate locations on 5 December, the Court was forced to terminate the telephone conference with these participants. Despite assurances that he would remain quiet, Mr Dengate (and other unidentified persons) continued to speak so close to his phone that it was impossible to continue the directions with this disturbance. While the transcript of the proceeding does not fully capture the resulting confusion, notwithstanding a short adjournment to remedy the problem, it was ultimately necessary to have the Court staff terminate the telephone conference.

The Claim Group meeting of October 1 2005 17 The purpose of this meeting was to resolve the dispute between Messrs Johnson and Lawson and the other members of the applicant group or, if this was not possible, to establish that they were no longer authorised by the Claim Group to conduct the proceeding on its behalf. If an application under s 66B is to succeed it is necessary that the evidence clearly demonstrate that the relevant persons no longer have that authority and, for this reason, it was necessary to make careful preparation for the 1 October meeting. 18 In an affidavit affirmed on 8 November 2005, Mishka Holt, a solicitor with NTS, gave evidence of the preparations for the 1 October meeting. On 13 and 14 September, letters were sent to all members of the Claim Group for whom NTS had postal addresses. The letter stated that the meeting was to discuss important matters in respect of the claim and to make decisions about its future conduct. The letter set out the proposed agenda and attached a map of the claim area. The letter also provided logistical information, including forms in respect of travel assistance, the provision of accommodation and a bus schedule. Ms Holt's affidavit provides that NTS paid accommodation and breakfast costs of those attending who did not reside in Broken Hill; that NTS hired buses for persons travelling to Broken Hill from Dareton, Mildura and Wilcannia; that NTS reimbursed persons for their fuel costs in relation to travelling to the meeting; and that NTS provided lunch and refreshments and an allowance for an evening meal. 19 Ms Holt also gave evidence that on 12 September she wrote to all Local Aboriginal Land Councils within the claim area for the information of their members advising them of the 1 October meeting. In addition, NTS placed advertisements in a number of local newspapers advising of the 1 October meeting. These were published in the Mildura Midweek, the Barrier Daily Truth, the Koori Mail, and the Wilcannia News. In addition to numerous phone calls with members of the Claim Group, Ms Holt deposed that she had several telephone conversations with Mr Lawson, Mr Johnson and Ms Shelia Kirby, Mr Johnson's wife. She gave evidence that two days prior to the meeting, Mr Lawson informed her that he would not be attending. 20 According to the attendance list of the meeting, 58 members of the Claim Group attended the meeting. Mr Lawson and Mr Johnson did not attend the meeting, although the evidence discloses that they were invited and were aware the meeting was to take place and neither Mr Lawson nor Mr Johnson sought to deny this. In addition to members of the Claim Group, the meeting was attended by: s Mr Danny Chapman, NTS Manager of Community Facilitation, who chaired the meeting; s Ms Holt and other officers of NTS; s Dr Kenneth Lum, anthropologist for NTS who has conducted research in relation to this native title claim since 2001; s Mr Frank Russo and Ms Michelle Mann, of the NNTT, as independent observers. 21 The minutes of the meeting, which were attested to be an accurate summary by Mr Chapman and Ms Holt, were tendered to the Court. They show that Ms Holt and Dr Lum summarised the current status of the claim for the attendees. In particular, Dr Lum discussed the different groups that together comprise the Claim Group and the meaning of the term 'Barkandji'. He explained that the term can be used to describe a small sub-group of the Claim Group, the members of which are called Barkandji and who speak the Barkandji language; Mr Lawson and Mr Johnson are members of this sub-group. Dr Lum also explained that the other sub-groups of the Claim Group all speak various dialects of the Barkandji language. Because the area over which the claimant application is made includes the country from which these other sub-groups come, all the subgroups must be included in the Claim Group. 22 The minutes record that the meeting discussed decision-making methods in the context of the requirements of s 251B of the NTA. The meeting resolved that those present were sufficiently representative of the Claim Group. This is consistent with evidence given by Dr Lum on this point. In addition, those present at the meeting confirmed that when authorising amendments to the claim and dealing with matters arising in relation to the claim there is no particular process of decision-making under traditional laws and customs that must be complied with by the Claim Group. As such, they resolved that decisions at the meeting would be made in the following manner: 1. the decision to be made would be put in the form of a clearly worded written motion; 2. the motion would be read out to the meeting; 3. the motion must be moved and seconded by members of the group before being decided; 4. the group's decision would then be made by a show of hands; 5. a decision of the majority in relation to the motion would be a decision of the meeting. 23 The meeting also discussed the future management of the claim, in particular whether it should be split into two separate claims respectively addressing the northern and southern claim areas. It was resolved that the Claim Group was united and to continue with the current structure of the claim. Further, the meeting resolved to invite those members of the applicant group who disagree with a united claim to resign and authorised Murray Butcher and Derek Hardman to replace them as members of the applicant group. If the invitation was declined, the meeting decided that those who had been authorised to become the applicant must take the necessary steps to replace the present applicant. The meeting then authorised the so-termed 'new applicant', in which Mr Butcher and Mr Hardman replaced Mr Lawson and Mr Johnson, to make the native title claim and to deal with matters arising in relation to it. The meeting also required the 'new applicant' to do all things necessary to replace the present applicant. 24 While Mr Russo and Ms Mann excused themselves from the meeting during the making of these resolutions because of their roles with the NNTT, they returned at the end of the meeting and verified the resolutions by reading them to the meeting and receiving no dissent.

Evidence of Mr Lawson and Mr Johnson 25 At the hearing of the motion on 13 December 2005, both Mr Lawson and Mr Johnson gave evidence and made submissions. In essence, their evidence disclosed their view that the term 'Barkandji' referred to a narrower group than the whole Claim Group: see [22] above. They believed that this narrower group, of which they were members, ought to make a separate native title claim over a smaller area of land, mainly in the southern part of the claim area, than that presently claimed.

The legislative scheme 26 Section 61(1) of the NTA states, inter alia, that the persons who may make a claimant application include: 'A person or persons authorised by all the persons (the native title claim group) who, according to their traditional laws and customs, hold the common or group rights and interests comprising the particular native title claimed, provided the person or persons are also included in the native title claim group.' 27 Subsection 61(2) of the NTA provides that the persons authorised to make the claimant application by the native title claim group are jointly the 'applicant' and none of the other members of the native title claim group is the 'applicant'. This leads to the somewhat awkward situation where the term 'applicant' is applied to a group of separately named individuals: see Noble v Murgha [2005] FCAFC 211 at [6]. Other provisions of the NTA relevant to the present application are: '66B Replacing the applicant Application to replace applicant in claimant application (1) One or more members of the native title claim group (the claim group) in relation to a claimant application, or of the compensation claim group (also the claim group) in relation to a compensation application, may apply to the Federal Court for an order that the member, or the members jointly, replace the current applicant for the application on the grounds that: (a) either: (i) the current applicant is no longer authorised by the claim group to make the application and to deal with matters arising in relation to it; or (ii) the current applicant has exceeded the authority given to him or her by the claim group to make the application and to deal with matters arising in relation to it; and (b) the member or members are authorised by the claim group to make the application and to deal with matters arising in relation to it.

Court order (2) The Court may make the order if it is satisfied that the grounds are established.' '251B Authorising the making of applications For the purposes of this Act, all the persons in a native title claim group or compensation claim group authorise a person or persons to make a native title determination application or a compensation application, and to deal with matters arising in relation to it, if: (a) where there is a process of decision-making that, under the traditional laws and customs of the persons in the native title claim group or compensation claim group, must be complied with in relation to authorising things of that kind - the persons in the native title claim group or compensation claim group authorise the person or persons to make the application and to deal with the matters in accordance with that process; or (b) where there is no such process - the persons in the native title claim group or compensation claim group authorise the other person or persons to make the application and to deal with the matters in accordance with a process of decision-making agreed to and adopted, by the persons in the native title claim group or compensation claim group, in relation to authorising the making of the application and dealing with the matters, or in relation to doing things of that kind.' 28 In Daniel v Western Australia (2002) 194 ALR 278 ('Daniel') at [17], French J drew from s 66B the following conditions that must be met for an order under the section to be made: 1. There is a claimant application. 2. Each applicant for an order under s 66B is a member of the native title group. 3. The person to be replaced is no longer authorised by the claim group to make the application and to deal with matters arising in relation to it. 4. Alternatively, the person to be replaced has exceeded the authority given to him or her by the claim group. 5. The persons making the application under s 66B are authorised by the claim group to make the application and to deal with matters arising under it. See also, Holborow v State of Western Australia [2002] FCA 1428; Ward v Northern Territory of Australia (2003) 196 ALR 32; Lawson; and Bolton on behalf of the Southern Noongar Families v State of Western Australia [2004] FCA 760. 29 It is pertinent to note, however, that the Court retains a discretion not to make the orders sought under s 66B of the NTA: see Ward v Northern Territory [2002] FCA 171 ('Ward') at [16] and Daniel at [18].

Consideration 30 This proceeding plainly entails a claimant application and the evidence reveals that each of the persons seeking to comprise the applicant is a member of the Claim Group. As such, the issues in the present context revolve around whether the Claim Group no longer authorises Messrs Lawson and Johnson to make the application and to deal with matters arising in relation to it and whether those making the application under s 66B of the NTA are so authorised by the Claim Group in their stead. 31 On the basis of the evidence set out above at [19]-[20], I am satisfied that all reasonable steps were taken to advise members of the Claim Group of the 1 October meeting. In addition, adequate assistance was provided to permit members of the Claim Group to attend where they did not reside in Broken Hill. While neither Mr Lawson nor Mr Johnson attended the 1 October meeting, I am satisfied that they were aware it was taking place and voluntarily chose not to attend. As the resolutions made at the meeting and the expert evidence of Dr Lum demonstrate, those attending the meeting were representative of the Claim Group. In my view, none of the concerns expressed by O'Loughlin J in Ward at [24] are applicable in this context. 32 Further, I am satisfied as to the accuracy of the minutes of the meeting. In particular, I accept, on the basis of the independent verification, that those present made the resolutions recorded: see [25] above. The evidence reveals that the meeting resolved that there was not a process of decision-making under traditional laws and customs for decisions of this kind. This is supported by Dr Lum's evidence that in his opinion the Claim Group's traditional decision-making processes do not apply to the current circumstances. Those present at the meeting therefore adopted the decision-making process set out above at [23], by which they decided to revoke the authorisation of the applicant as presently constituted and authorised a new group to form the applicant in this proceeding. As such, I am satisfied that the requirements of s 66B(1) of the NTA are met. 33 For these reasons, I am satisfied that the orders sought, insofar as they relate to the removal of Mr Lawson and Mr Johnson from the applicant group and the inclusion of Mr Murray Butcher and Mr Derek Hardman, should be made.

Patricia Johnson 34 As noted above, the orders sought in the amended notice of motion would not only exclude Mr Lawson and Mr Johnson from the group comprising the applicant but also another current member, Ms Patricia Johnson. Although the issue of Ms Johnson's continuing role was discussed at the 1 October meeting, there was no resolution to remove her from the applicant group. I am, however, satisfied by the evidence before me that Ms Johnson has clearly indicated that she does not wish to continue as a member of the applicant group and for this reason it is appropriate to make the orders sought. 35 The evidence to which I refer is to be found in the affidavits of Philippe Savidis and Mishka Holt, solicitors with NTS, affirmed respectively on 7 and 14 November 2005. Both solicitors attest to their repeated attempts to discuss the claim with Ms Johnson and her repeated assertions that, owing to illness, she is unable to carry out her responsibilities and no longer wishes to remain a member of the group comprising the applicant. Ms Johnson has not provided an affidavit in accordance with s 64(5) of the NTA despite requests from NTS and on this basis I am satisfied that her name should not be included as a person who comprises the applicant in this proceeding.

Conclusion 36 For the above reasons, I will make the orders sought in the amended notice filed on 13 December 2005. However, it is pertinent to note that in making these orders the Court is not adversely reflecting in any way on the conduct of Mr Lawson and Mr Johnson. There clearly has been a deeply held disagreement within the Claim Group and this has been resolved in accordance with the provisions of the NTA. As was discussed at the 1 October meeting, an order made under s 66B(2) of the NTA does not remove Mr Lawson and Mr Johnson from the Claim Group, nor does it affect their standing according to traditional law and custom. As members of the Claim Group both will continue to have the opportunity to participate in discussions as to the future conduct of the native title claim and it is to be hoped that they will avail themselves of the opportunity to do so. I certify that the preceding thirty-six (36) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Stone.

Associate: Dated: 2 February 2006 Counsel for the Applicants on the motion and New South Wales Native Title Services: Ms S Phillips

Solicitor for the Applicants on the motion and New South Wales Native Title Services: New South Wales Native Title Services

Mr Ray Lawson and Mr Noel Johnson appeared in person

Solicitor for the NSW Minister for Land & Water Conservation: Ms S Illiadis

Solicitor for the NSW Farmers' Association respondents: Mr R Gorczyca

Date of Hearing: 12 December 2005

Date of Judgment: 2 February 2006

'Pooncarie' Barkandji (Paakantyi) People v NSW Minister for Land & Water Conservation [2006] FCA 25 Schedule Respondents NSW Minister for Land and Water Conservation National Parks Association of NSW Inc Avoca Vineyards Pty Ltd Stephen George Alexander Keith James Bell Sam Costa Darryn Robert Davies Henry George Washington Davies Maxwell Charles Gregg Kenneth John Hearne Paul Anthony Hyde William Henry Lever Peter James Middleton William John Summers Balranald Shire Council Bourke Shire Council Broken Hill City Council Central Darling Shire Council Cobar Shire Council The Commonwealth of Australia The Murray Darling Basin Commission Wentworth Shire Council Dareton Local Aboriginal Land Council Mutawintji Local Aboriginal Land Council NSW Native Title Services Limited Keith William Allison Christopher Kym Andrews Ross David and Colleen Frances Andrews Kenneth William and Rosemary Anne Barnes Barry Frederick and Christione Phillis Barraclough Walter John Barraclough and Vera May Douglas Barraclough James Arthur Bartholomaeus Robert Malcolm Bartlett and Eveline Alexis Bartlett Bawarra Pty Ltd Glen Gene Bell; Nyoli Merle Bell, Craig Andrew Bell Peter Robert Beven Randall William Beven Phillip Peter Blore Terry Francis Blore Jeffrey Langdon Bonython and Clara Wendy Bonython Cleveland Jay Bright Dallas Jay Bright Darran Jay Bright Rex and Deana Brunsdon Brywent Pty Ltd; Robin Owen York Jackson Christopher Raymond Byrnes Edward James Byrnes and Patricia Susan Byrnes Gerald Byrnes Calzic Pty Ltd Allan Charles Charmichael and William James John Carmichael Carstairs Holdings Family Trust Church's Plumbing Supplies Pty Ltd Leighton Clark Col Cullinan, Comarto Station Ian Edward Crossing Graeme Ross Crozier and Catherine Marie Petrina Crozier Mark Hurtle Crozier Terry William Crozier Kim Desmond Cullen Danny Ronald and Susan Marie Currran Anthony Charles Dakis and Helen Kay Dakis Dalmorino Props (NSW) Pty Ltd, William Lindsay Scott Crozier Arthur Bernard Davies Edward William Davies and Beatrice Mary Davies Roger F Day Walter Thomas Dell, Maxine Lorraine Dell and Walter John Dell Hugh Robert William Dettmann and Jennifer Mary Dettmann Donald John Cullinan, Cherry Denice Cullinan, DJ & CD Cullinan Pty Ltd Donald Robert Poulton, Dale Phyllis Poulton, Single Oak Pty Ltd Anthony Sholto Douglas Brendon Douglas Duncan, Maureen Therese Duncan and Glen Esk Pastoral Ian Charles Edson and Trudy Nadine Edson Robert James Edwards and Barbara Anne Edwards Clarence Lawrence Elliott and Christine Gaye Elliott Eric Nitscuke, Eric Nitscuke Family Trust Ian David Farnsworth and Delma Joy Farnsworth Maxwell Henry Follett Gary Gaiter John Gall Lachlan John Gall Richard Gates and Joanne Gates Neil Edward Gibbons Brendan R Gorman William Sydney Grace James Graham Garry James Griffiths Gulthul Pty Ltd Malcolm John Hammat Garry Ross Hannigan Frank Murray Hanns and Mary Patricia Hanns Alan Harris and Annie Harris Douglas Linton Harrison Ronald Harvy and Marilyn Peta Harvy Arthur O'Hara Hayes and Jennifer Margaret Hayes Anne Daphne Headon Michael John Healy Patrick Joseph Healy Raymond Gerard Healy Cynthia Heasyman Foster John Heatley Frederick Herring Homfray Family Partnership Elaine Laura Huddleston Phillip Hudson and Daphne Hudson John Gwynne Hughes Kevin David Ingram and Robyn Anne Ingram Inkerman Pastoral Co Pty Ltd David Henry Jackson and Mary Jill Jackson Jeremy John McClure for TJL McClure Pty Ltd John Smith, Marlene Smith, Ricky Howard, Susan Howard Wesley Judd and Kathleen Judd Gaye Constance Kelly Mary Margaret Knight and David William Knight Philip Anthony Larwood and Christine Grace Larwood Andrew John Lawrence and Vivienne Jean Lawrence John Joseph Lawrence Mark Lawrence and Jann Lawrence Peter Lawrence William Norman Lawrence and Anne Dorothy Lawrence Graham Leckie and Julie Leckie Thomas Henry Lee; Dawn Lee; Helen Patricia Lee; Daniel Thomas Lee Neill Robert Leigo and Debra Anne Leigo Stuart LeLievre Lema Props Limbra Pastoral Company Pty Ltd David John Linklater and Denise Cheryl Linklater William George Looney and Shirley Ann Looney David Anthony Lord John Montgomery Lord William Laurence Mahy and Fae Linda Mahy Mallara Station Partnership - Frank, Florence, Richard and Jennifer Smith Mannahill Pastoral Services Mark Alexander Withers and Lindy Maree Smith-Withers Mark Etheridge, Megan Davies, M&M Pastoral Pty Ltd Marrapina Station Pty Ltd Bruce Marshall and Wendy Marshall Eric John Martin and Hazel Dorothy Martin Anthony Aloyius McGinty and Heather Ann McGinty Campbell Addison McGrath Paul McPherson and Christine McPherson Michael Joseph Maher and Jeanna Danielle Dettington Bryan Milne and Bronwyn Kaye Milne MK Lush, D Lush, G Lush, JO Lush and BD Lush George V Morton Mount Manara Pastoral Company Murray Edward Cramp, Cramps Pastoral Co Pty Ltd Neil Howard, Lynnette Zell Howard, Chad Lloyd Howard, Hayley Natika - Zell Howard John Arthur Nelson and Gillian Mary Nelson Nesbit Rural Holdings. Partners are James Alfred O'Hara Nesbit, Jennifer Faye Nesbit, Martin Edward Nesbit James Markham O'Connor Philip Hurtle Palmer and Patricia Mary Palmer Kevin Payne Penrose Park Recreation Reserve Trust Petro Pastoral Co Pty Ltd Brett Anthony Pickering John Ernest Pippin Gregory John Pollard; Dianne Mary Pollard (Warrananga Proprietors) Vera Jean Pollard (Warrananga Proprietors) Polocara Pastoral Company Pty Ltd Alexander Peter Pulver and Noreen Joy Pulver Gary Arnold Radford Raymond Joseph Byrnes and Luke Anthony Byrnes Grahame Ronald Rees Reginald Edgar Stanmore, Patricia Mary Stanmore, Christopher John Stanmore, Jane Margaret Stanmore Terrence Remmert Robert Charles Duncan Fo "Dunedin Park" Proprietors Ian and Evelyn Robertson Lee Scott Robertson William Geoffrey Rodda and Barbara Valmai Rodda Rodoni Engineering Phillip Albert Rogers Max Oliphant Russell, John Famers Scobie Robert Seekamp and Hillary Seekamp Silverlea Incorporated James Malcolm Skinner and Dinah Helena Skinner Edwin Smith Geoffrey Kenneth Smith and Vanessa Smith Patrick William Smith and Lynda James Smith Thomas Smith Andrew Charles Spinks Stephen Alfred Stewart Withers, Maxine Stuart Withers, Alfred Andrew Stewart Withers Steven Keith Marwood, Sandra Louise Marwood or Belmore Farms Laurence Walter Strachan and Kayleen Frances Strachan Peter Geoffery Sullivan Swiss Australian Farm Holdings Pty Ltd Thomas John Symes Arnold Taylor and Frederick Joseph Taylor John Robert Jeffrey Taylor Milton Douglas Taylor Raymond V Tesseyman Brian Gaffney Thomas David James Turner Graham Holbrook Turner and Judith Mary Turner Kenneth Turner John Vernon Ian Walter Wakefield Andrew Samuel Wall; Edward Alfred Neindorf; Sharyn Edith Neindorf; Kathryn Anne Wall Allan Frederick Wembridge; Lorna Florence Wembridge; James Raymond Wembridge Wenda Johnson, John Johnson, Cheryl Johnson Alan Whyte Maxine Yvonne Wilkinson and Roger Graham Wilkinson William Alfred Anderson, Helen Patricia Anderson, Michael Christian Anderson, Richard John Anderson Neil Geoffrey Williams Richard James Williams Robert Bates Wilson Wirryilka Pastoral Co Pty Ltd Peter Malcolm Withers and Helen Withers Wokabity Pty Ltd Wyona Pty Ltd Christopher Forrest and Shelley Forrest Richard Dale Chapman and Grant Allan Chapman Dominic Alfonzi and Marlene Alfonzi Omah (Peter) Amjah AngloGold Shanti Australia Limited Arumpo Bentonite Pty Ltd Iris Jean Baldwin Basin Minerals Holdings NL (Title Holder), Bemax Resources NL (farminee) George Leslie Baynes; Russell James Hann; Geoffrey Logan Robert John Crawford and Anita Margaret Crawford George Diamantes, James Dimantes Wayne Donehue Graeme R Dowton & Helen M Dowton Neville A Dowton Ronald Arthur Dowton and Susan Erica Dowton Brian Eakin Ellen Francis Golden Cross Operations Pty Ltd Barbara Jean Golya Clair Louise Inness Beryl Eileen Ireland Peter Bruce Kemp Kenneth Joseph King Leo Studman and Beryl Metcalf Macapika Pty Ltd Irvan Robert McRae Minex (SA) Pty Ltd, Minotaur Resources Ltd Murray Basin Titanium Pty Ltd Newcrest Operations Limited (N.O.L.) David Charles Prendergast Morton Edward Ritchie Valerie Jean Ritchie Leigh-Anne Rogers Dieter Ruhl Dorothea Anne Ruhl David George Seaton Vincenzo Sferruzzi Sheila Young and Karl Brunnenmeyer Glenys Smiley Susan Mary Spangler Stephen Hoare and Kathryn Ward Unimin Australia Limited formerly Normandy Industrial Minerals Limited William Neave Young, Sheila Mary Young, Robyn Cecelia Young Denis Young Malcolm Grant Anderson Birdwood Proprietors Broken Hill Licenced Butchers Neville John Crisp Jane Ruby Evans Filmink Pty Ltd Hillston Rural Lands Protection Board Kelleen Holdings Peter John Kiely and Dorothy Anne Kiely Cecil Robert Frederick Leckie Michael George Martin Jane McClure and Murray Churchill McClure Milparinka Rural Lands Protection Board Patrick Arthur Murphy and Moya Grace Murphy Pastoralists' Association of West Darling Pooncarie Hospital Reserve Trust Ian Lewis and Lisa Gay Roberts James Barry Robinson and Judith Robinson Gwen Rowe Alfio OrazioSapuppo; Vince Sapuppo; Maria Sapuppo Nicholas Siemer Silverton Temporary Common Trust Margaret Annette Smith Robert Neil Smith South Western Water Users Association Anne May Strain Ian Milton Strain Tom Ferdinand Willem Gerald Wynen and Jennifer Olive Law Wanaaring Rural Lands Protection Board John Thompson Waters Wentworth Rural Lands Protection Board Willotia Station Pty Ltd John Malcolm Caskey Clive Maxwell Linnett James Edward Manns Wheepool Pty Ltd Transgrid Broken Hill Speed Boat Club Inc. Telstra Corporation Limited Mutawintji National Park Board of Management Lance Hilliard and Samantha Jane Hilliard Frank Misali Ian William Alexander and Susan Anne Alexander Alingh Grove Pty Ltd Douglas John Alvey and Susan Margaret Alvey Raymond George Alvey and Margaret Beatrice Alvey Andriske Vineyards Pty Ltd (Formerly Andriske(Paringi) Nominees Pty Ltd) Gary Charles Andriske and Lin Baddock Peter Bezzina and Julie Bezzina Robert Alexander Blake and Lynette Joy Blake Boeill Creek Holdings Pty Ltd Boeill Creek Nursery Pty Ltd, Raymond Peter and Samantha Maria Formosa; Salvatore B Pensini and Patricia J Pensini Boeill Creek Packers Pty Ltd David Ross Bottom Giovanna Cesco Terry William Channing Stephen Clarke David Griffin Cox and Andrea Cox V and M Cricelli Croftwood Vineyards Pty Ltd Danielle Vineyards Pty Ltd Ian James Dowton Alwyn Elstone and Joan Irene Elstone Eureka Concrete Holdings Pty Ltd Ann Louise Evers Robert Farnsworth James Michael Gilmartin; Elaine Joy Perry Gregg & Sons (Steel) Pty Ltd Brian Gregg and Sandra Gregg Rodney Harvey and Coral Harvey HC & E Farnsworth Pty Ltd Gloria Hucker Ian Robert Mansell, Ruth Enid Nansell, Robert Jeffery Nansell, Kenneth Allan Mansell, Jeanette Ruth Mason, Denise Margaret Pragt Janette Loveday and Andriske Loveday, Robin Harold Lloyd Barrie Blair McMillan and Nola Joy MacMillan Charles Anthony Mangan; Julie Ann Mangan; Peter Kotsoronis Mansell Farms (Family Partnership), Ian Robert Mansell, Ruth Enid Mansell, Robert Jeffery Mansell, Julie Lorraine Mansell, Kenneth Allan Mansell, Anne Elizabeth Mansell Vaughan Marshall Anthony James McCarten Stella Margaret McCarten Allison McTaggart and Graham Richardson Merbein Investments Pty Ltd John Metcalf Mildura Equity Chambers Management Pty Ltd (ACN 005 063 294) Dennis Cameron Mills and Margot Barbara Mills Frank Modica Mourquong Co-op Rural Society Ltd Richard Kevin Munro and Helen Jean Munro Ian Murdoch and Robyn Joy Murdoch Nakorn Pty Ltd Rocco Panuccio Pasminco Limited Piave Sand & Earthmoving Mario Carmelo Ralli Ian Lewis Roberts Orazia Sapuppo and Patricia Sapuppo Janine Margaret Smith Rodger McLeod Smith and Anne Maree Smith Stanley Wine Co Pty Ltd Kenneth Edward Stubbs and Nannette Mary Stubbs Summer Gove Pty Ltd Table Grape Growers of Australia Pty Ltd Adam Thompson Triako Resources Limited (ABN 46 008 498 119) Gregory James Turner Stanley John Webley and Jennifer Jean Webley Western Murray Irrigation Limited Pamela Janette White Virginia Ann White P and J Whitfield Wilcannia Rural Lands Protection Board Peter Geoffrey Wilson Windtan Pty Ltd Alanford Pty Ltd Aljor Developments Pty ltd Roderick Campbell Baird and Alice Anne Baird Wayne Maxwell Barnfield and Delwyn Barnfield Jane Angel Benson Beven Pastoral Joseph Alan Bunyan Cantrade Pty Ltd Brian Wayne Casey and Joan Maree Casey Stephen Cresswell and Sophia Cresswell Peter Crisp Brian Patrick Michael Cullinan Estate of the late Sydney George Maynard Francis Fitzgerald, Michael James Fitzgerald, Peter Dennis Fitzgerald Robin Gebert and Margaret Gebert Diane Angel Gibson Grazing Investments Pty Ltd, John Alex Elliott and Dianne June Elliott trading as Moira Plains Co. Guiseppe Simonetta, Antony Simonetta, Mario Simonetta Mitchell James Harrison John Hederics Beverley Howse J. 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