Trevor Close on behalf of the Githabul People v Minister for Lands

(c) identify themselves as members of the Githabul People; and (d) are recognised by the Githabul People as being members of the Githabul People.

Nature and extent of native title rights and interests

3. The nature and extent of the rights and interests held by the Githabul People in the Consent Determination Area are the non-exclusive rights to: (i) access, and camp on, the Consent Determination Area; (ii) fish, hunt and gather animal and plant resources for personal, domestic and non-commercial communal consumption; (iii) take and use water for personal, domestic and non-commercial communal purposes; (iv) access the Consent Determination Area for spiritual purposes and to access sites of spiritual significance in the Consent Determination Area; and (v) protect, by lawful means, places of importance to the Githabul People in the Consent Determination Area from physical harm.

4. The native title rights and interests held by the Githabul People do not confer possession, occupation, use and enjoyment of the Consent Determination Area to the exclusion of all others nor any right to control access or to make decisions concerning the use of the land and waters in the Consent Determination Area.
5. Native title does not exist in: (a) minerals as defined in the Mining Act 1992 (NSW) and the Mining Regulation 2003 (NSW); and (b) petroleum as defined in the Petroleum (Onshore) Act 1991 (NSW) and the Petroleum (Submerged Lands) Act 1982 (NSW); and (c) uranium.

Nature and extent of other interests 6. The nature and extent of other interests in relation to the Consent Determination Area are as follows: (a) the rights and interests described in Attachment 2; (b) the valid and validated rights and interests granted by the Crown pursuant to or otherwise conferred by the laws of the State of New South Wales or Commonwealth, or by any executive act; (c) rights and interests of members of the public arising under the laws of the State of New South Wales or Commonwealth or arising under the common law; (d) the rights and interests of Telstra Corporation Limited: (i) as the owner or operator of telecommunications facilities within the Consent Determination Area, including customer radio terminals and overhead and underground cabling; (ii) as the holder of a carrier licence under the Telecommunications Act 1997 (Cth); (iii) 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 the right to install customer radio terminals and the right to install cabling; and (iv) for its employees, agents or contractors to enter the Consent Determination Area in the performance of their duties, to access its telecommunications facilities in, and in the vicinity of, the Consent Determination Area; (e) the rights of any of the following parties, or any of their employees or agents, to access the Consent Determination Area for the performance of their duties: (i) the State of New South Wales and its agencies and instrumentalities; (ii) the Commonwealth and its agencies and instrumentalities; (iii) Casino Rural Lands Protection Board; and (iv) local government authorities, including the Kyogle Shire Council and Tenterfield Shire Council; and (f) the rights and interests of an electricity supply authority within the meaning of the Electricity (Consumer Safety) Act 2004 (NSW) to exercise functions, powers or rights in accordance with the laws of the State of New South Wales or Commonwealth and as owner and operator of electricity transmission facilities and associated infrastructure situated on the Consent Determination Area including but not limited to the right to enter the Consent Determination Area in order to access, use, maintain, repair, replace, upgrade or otherwise deal with facilities and infrastructure.

Relationship between native title rights and other interests 7. The relationship between the native title rights and interests and the other interests in the Consent Determination Area is that: (a) the other rights and interests continue to have effect; and (b) the other rights and interests and any activity done in accordance with or incidental to the exercise of a right conferred or held under the other rights and interests, while they are in existence, prevail over but do not extinguish the native title rights and interests and any exercise of those native title rights and interests. 8. The native title rights and interests in the Consent Determination Area are subject to and exercisable in accordance with; (a) the laws of the State of New South Wales and the Commonwealth; and (b) the traditional laws acknowledged and traditional customs observed by the Githabul People; (c) the terms of the Indigenous Land Use Agreement registered by the National Native Title Tribunal on 15 August 2007.

Prescribed Body Corporate 9. In accordance with the Applicant's nomination of the Githabul Corporation, it shall: (a) be the prescribed body corporate for the purposes of sections 56, 57(2) and 57(3) of the Native Title Act 1993 (Cth); (b) not hold the native title in trust; (c) act as agent for the Githabul People who are the common law holders of the native title rights and interests; (d) perform the functions set out in the Native Title Act 1993 (Cth) and the Native Title (Prescribed Bodies Corporate) Regulations 1999 (Cth).

Costs 10. Each party shall be liable to pay their own costs arising from the Proceedings.

Definitions 11. In these orders, unless the contrary intention appears: "camp" means casual camping and does not include the right to permanently reside or build permanent structures or fixtures. "Consent Determination Area" means the land and waters described and mapped in Attachment 1. "Githabul People" means the native title holders as described in order 2. "Githabul Corporation" means the Githabul Nation Aboriginal Corporation incorporated under the Aboriginal Councils and Associations Act 1976 (Cth). "laws" include statutes, regulations and other subordinate legislation and the common law. "Proceedings" means the application for determination of native title made by Trevor John Close for and on behalf of the Githabul People (NC95/11; NSD6019/98) and any matters arising from those proceedings. "validated" means acts validated in accordance with the Native Title Act 1993 (Cth), the Native Title (New South Wales) Act 1994, and the terms of the Indigenous Land Use Agreement registered with the National Native Title Tribunal on 15 August 2007. 12. If a word or expression is not defined in these orders, but is defined in the Native Title Act 1993 (Cth), then it has the meaning given to it in the Native Title Act 1993 (Cth). Date: ________________________ Judge

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

The land and waters in which the Githabul People hold native title are the parcels described in this attachment and as shown on the map attached.

To avoid doubt, the land and waters do not include: (a) any land or waters on which valid or validated public works were situated or are currently situated, including any adjacent lands within the meaning of section 251D of the Native Title Act 1993 (Cth); or

(b) any area used or previously used as a dip site or yard used for the dipping and treating of cattle in the prevention of ticks and any adjacent land the use of which is or was necessary for or incidental to the construction establishment or operation of those sites or yards.

In the event of an inconsistency between the written description provided in this attachment and the map, the written description shall prevail.

National Parks ID Area No. (Indigenous Land Use Agreement) Parcel Location 502 Lot 502, Plan N0764-502 Captains Creek National Park 504 Lot 504, Plan N0764-504 Captains Creek National Park 505 Lot 505, Plan N0764-505 Captains Creek National Park 506 Lot 506A, Lot 506B, Lot 506C Plan N0091-506 Tooloom National Park 507 Lot 507A, Lot 507B, Plan N0091-507 Tooloom National Park 508 Lot 508, Plan N0091-508 Tooloom National Park 510 Lot 510A, Lot 510B, Plan N0154-510 Yabbra National Park 512 Lot 512, Plan N0154-512 Yabbra National Park 515 Lot 515A, Lot 515B, Plan N0154-514 Yabbra National Park 517 Lot 517, Plan N0154-517 Yabbra National Park 518 Lot 518A, Lot 518B, Plan N0141-518 Koreelah National Park 519 Lot 519, Plan N0141-519 Koreelah National Park 520 Lot 520, Plan N0141-520 Koreelah National Park 522 Lot 522, Plan N0146-522 Mount Clunie National Park 523 Lot 523A, Lot 523B, Lot 523C , Plan N0146-523 Mount Clunie National Park 524 Lot 524A, Lot 524B, Plan N0146-524 Mount Clunie National Park 525 Lot 525, Plan N0146-525 Mount Clunie National Park 526 Lot 526, Plan N0146-526 Mount Clunie National Park 527 Lot 527, Plan N0092-527 Toonumbar National Park 528 Lot 528, Plan N0092-528 Toonumbar National Park 529 Lot 529, Plan N0092-529 Toonumbar National Park 530 Lot 530, Plan N0092-530 Toonumbar National Park 531 Lot 531, Plan N0092-531 Toonumbar National Park 532 Lot 532, Plan N0092-532 Toonumbar National Park 533 Lot 533, Plan N0092-533 Toonumbar National Park 534 Lot 534, Plan N0092-534 Toonumbar National Park 535 Lot 535, Plan N0092-535 Toonumbar National Park 536 Lot 536A, Lot 536B, Lot 536C, Plan N0092-536 Toonumbar National Park 537 Lot 537A, Lot 537B, Plan N0092-537 Toonumbar National Park 538 Lot 538A, lot 538B, Lot 538C, Lot 538D, Plan N0092-538 Toonumbar National Park 539 Lot 539A, lot 539B, Plan N0092-539 Toonumbar National Park 540 Lot 540, Plan N0092 Toonumbar National Park 541 Lot 541A, Lot 541B, Plan N0092-541 Toonumbar National Park 542 Lot 542A, Lot 542B, Plan N0092-542 Toonumbar National Park 543 Lot 543A, Lot 543B, Plan N0092-543 Toonumbar National Park 544 Lot 544A, Lot 544B, Plan N0110-544 Richmond Range National Park 545 Lot 545A, Lot 545B, Plan N0110-545 Richmond Range National Park 546 Lot 546, Plan N0110-546 Richmond Range National Park 547 Lot 547, Plan N0110-547 Richmond Range National Park 548 Lot 548A, Lot 548B, Plan N0147-548 Mount Nothofagus National Park 549 Lot 549, Plan N0147-549 Mount Nothofagus National Park 550 Lot 550, Plan N0147-150 Border Ranges National Park 551 Lot 551, Plan N0050-551 Border Ranges National Park 552 Lot 552A, Lot 552B, Plan N0050-552 Border Ranges National Park 553 Lot 553, Plan N0050-553 Border Ranges National Park 554 Lot 554A, Lot 554B, Plan N0050-554 Border Ranges National Park 555 Lot 555, Plan N0050-555 Border Ranges National Park 556 Lot 556, Plan N0050-556 Border Ranges National Park 557 Lot 557, Plan N0050-557 Border Ranges National Park 558 Lot 558, Plan N0050-558 Border Ranges National Park 559 Lot 559A, Lot 559B, Plan N0050-559 Border Ranges National Park 560 Lot 560A, Lot 560B, Lot 560C, Plan N0050-560 Border Ranges National Park 561 Lot 561A, Lot 561B,Plan N0050-561 Border Ranges National Park 562 Lot 562A, Lot 562B, Plan N0050-562 Border Ranges National Park 563 Lot 563A, Lot 563B, Plan N0050-563 Border Ranges National Park 564 Lot 564, Plan N0050-564 Border Ranges National Park 565 Lot 565A, Lot 565B, Lot 565C, Plan N0050-565 Border Ranges National Park 566 Lot 566 Plan N0050-566 Border Ranges National Park 567 Lot 567, Plan N0050-567 Border Ranges National Park 568 Lot 568, Plan N0050-568 Border Ranges National Park 571 Lot 571, Plan N0050-571 Border Ranges National Park 572 Lot 572, Plan N0050-572 Border Ranges National Park 573 Lot 573A, Lot 573B, Plan N0050-573 Border Ranges National Park

State Forests ID Area No. Parcel Location (Indigenous Land Use Agreement) 300 Lot 300, Misc F1406-300 Koreelah State Forest No 1 301 Lot 301, Misc F1406-301 Koreelah State Forest No 1 302 Lot 302, Misc F1406-302 Koreelah State Forest No 1 304 Lot 304, Misc F1406-304 Koreelah State Forest No 1 305 Lot 305, Misc F1406-305 Koreelah State Forest No 1 306 Lot 306, Misc F1406-306 Koreelah State Forest No 1 315 Lot 315, Misc F1406-315 Donaldson State Forest No 121 316 Lot 316, Misc F1406-316 Donaldson State Forest No 121 317 Lot 317, Misc F1406-317 Donaldson State Forest No 121 318 Lot 318, Misc F1406-318 Donaldson State Forest No 121 319 Lot 319, Misc F1406-319 Donaldson State Forest No 121 330 Lot 330, Misc F1406-330 Bald Knob State Forest No 120 331 Lot 331, Misc F1406-331 Bald Knob State Forest No 120 332 Lot 332, Misc F1406-332 Bald Knob State Forest No 120 333 Lot 333, Misc F1406-333 Bald Knob State Forest No 120 340 Lot 340, Misc F1406-340 Woodenbong State Forest No 346 350 Lot 350, Misc F1406-350 Beaury State Forest No 2 351 Lot 351, Misc F1406-351 Beaury State Forest No 2 352 Lot 352, Misc F1406-352 Beaury State Forest No 2 353 Lot 353, Misc F1406-353 Beaury State Forest No 2 354 Lot 354, Misc F1406-354 Beaury State Forest No 2 355 Lot 355, Misc F1406-355 Beaury State Forest No 2 356 Lot 356, Misc F1406-356 Beaury State Forest No 2 359 Lot 359, Misc F1406-359 Beaury State Forest No 2 365 Lot 365, Misc F1406-365 Mt Lindesay State Forest No 542 366 Lot 366, Misc F1406-366 Mt Lindesay State Forest No 542 367 Lot 367, Misc F1406-367 Mt Lindesay State Forest No 542 368 Lot 368, Misc F1406-368 Mt Lindesay State Forest No 542 369 Lot 369, Misc F1406-369 Mt Lindesay State Forest No 542 370 Lot 370, Misc F1406-370 Mt Lindesay State Forest No 542 371 Lot 371, Misc F1406-371 Mt Lindesay State Forest No 542 380 Lot 380, Misc F1406-380 Unumgar State Forest No 540 381 Lot 381, Misc F1406-381 Unumgar State Forest No 540 382 Lot 382, Misc F1406-382 Unumgar State Forest No 540 383 Lot 383, Misc F1406-383 Unumgar State Forest No 540 384 Lot 384, Misc F1406-384 Unumgar State Forest No 540 395 Lot 395, Misc F1406-395 Edinburgh Castle State Forest No 541 396 Lot 396, Misc F1406-396 Edinburgh Castle State Forest No 541 Part 405 Lot 405, Misc F1406-405 (excluding that part of the Exploration Licence EL6452 [NSW Department of Mineral Resources] within subject lot) Bookookoorara State Forest No 306 Part 50 Part Lot 7004 DP 1107998 Bookookoorara State Forest No 306 (excluding that part of the Exploration Licence EL6452 [NSW Department of Mineral Resources] within subject lot) 411 Lot 411, Misc F1406-411 Yabbra State Forest No 394 413 Lot 413, Misc F1406-413 Yabbra State Forest No 394 414 Lot 414, Misc F1406-414 Yabbra State Forest No 394 415 Lot 415, Misc F1406-415 Yabbra State Forest No 394 416 Lot 416, Misc F1406-416 Yabbra State Forest No 394 425 Lot 425, Misc F1406-425 Yabbra State Forest No 394 426 Lot 426, Misc F1406-426 Yabbra State Forest No 394 429 Lot 429, Misc F1406-429 Yabbra State Forest No 394 438 Lot 438, Misc F1406-438 Yabbra State Forest No 394 439 Lot 439, Misc F1406-439 Yabbra State Forest No 394 444 Lot 444, Misc F1406-444 Richmond Range State Forest No 610 445 Lot 445, Misc F1406-445 Richmond Range State Forest No 610 446 Lot 446, Misc F1406-446 Richmond Range State Forest No 610 447 Lot 447, Misc F1406-447 Richmond Range State Forest No 610 451 Lot 451, Misc F1406-451 Richmond Range State Forest No 610 452 Lot 452, Misc F1406-452 Richmond Range State Forest No 610 453 Lot 453, Misc F1406-453 Yabbra State Forest No 394 456 Lot 456, Misc F1406-456 Yabbra State Forest No 394 457 Lot 457, Misc F1406-457 Yabbra State Forest No 394 460 Lot 460, Misc F1406-460 South Toonumbar State Forest No 753 475 Lot 475, Misc F1406-475 Toonumbar State Forest No 343 476 Lot 476, Misc F1406-476 Toonumbar State Forest No 343 477 Lot 477, Misc F1406-477 Toonumbar State Forest No 343 478A Lot 478A, Misc F1406-478A Toonumbar State Forest No 343 478B Lot 478B, Misc F1406-478B Toonumbar State Forest No 343 479 Lot 479, Misc F1406-479 Toonumbar State Forest No 343 484 Lot 484, Misc F1406-484 Toonumbar State Forest No 343

Dairy Flat Travelling Stock Reserve ID Area No Parcel Location Indigenous Land Use Agreement 51 Lot 7012 DP 1055052 Dairy Flat Travelling Stock Reserve 51 Lot 7005 DP 1056729 Dairy Flat Travelling Stock Reserve 52 Lot 7008 DP 1056726 Dairy Flat Travelling Stock Reserve 53 Lot 7009 DP 1056726 Dairy Flat Travelling Stock Reserve 54 Lot 7005 DP 1060274 Dairy Flat Travelling Stock Reserve Excluding Lots 9,10,11 DP1060274 55 Lot 7005 DP 1056716 Dairy Flat Travelling Stock Reserve 56 Lot 7012 DP 1056001 Dairy Flat Travelling Stock Reserve

ATTACHMENT 2 - OTHER RIGHTS AND INTERESTS The nature and extent of the other rights and interests in relation to the Consent Determination Area are as follows:

1. The rights and interests of Casino Rural Lands Protection Board to care for, control and manage the Dairy Flat Travelling Stock Reserve and the interests of persons entitled to access and use Dairy Flat Travelling Stock Reserve, subject to any statutory limitations upon those rights. Dairy Flat Travelling Stock Reserve consists of the following parcels: Lot 7012 DP 1055052 Lot 7005 DP 1056729 Lot 7008 DP 1056726 Lot 7009 DP 1056726 Lot 7005 DP 1060274 excluding Lots 9, 10, 11 DP1060274 Lot 7005 DP 1056716 Lot 7012 DP 1056001
2. The valid and validated rights and interests granted by the Crown pursuant to or otherwise conferred by the laws of the State of New South Wales or Commonwealth of Australia, or by any executive act.

NEW SOUTH WALES DISTRICT REGISTRY NSD 6019 OF 1998

BETWEEN: TREVOR CLOSE ON BEHALF OF THE GITHABUL PEOPLE

BRANSON J 1 The Federal Court sits today at Woodenbong to hear and determine an application for the Court to exercise its power under s 87 of the Native Title Act 1993 (Cth). Section 87 authorises the Court to make orders in the terms of an agreement reached between the parties without holding a hearing. The orders that the Court is invited to make today will recognise the existence of the native title held by the Githabul People in the consent determination area. The area covers land and waters in the northern part of New South Wales covering identified areas of New South Wales State Forests, New South Wales National Parks and parts of the Dairy Flat Travelling Stock Reserve. 2 The application for a determination of native title in this area and an adjoining area in Queensland was lodged with the National Native Title Tribunal on 5 September 1995. Following the enactment of the Native Title Amendment Act 1998 (Cth) the application was taken to have been made to this Court (Part 3 of Schedule 5 of the Native Title Amendment Act 1998). The Court referred the application, together with two overlapping claims, to the Tribunal for mediation. Subsequently the overlapping claims were discontinued and the application amended including by the deletion of any claim over land and waters in Queensland. 3 An Indigenous Land Use Agreement, being an area agreement of the kind dealt with in Subdivision C of Division 3 of Part 2 of the Native Title Act, was signed by the parties on 27 February 2007. The Agreement was registered by the Tribunal on 15 August 2007. By clause 6 of the Agreement the State recognised that the Githabul People hold native title in accordance with the consent orders that the Court is invited to make today and agreed to join with the registered native title claimant in applying for those consent orders to be made by the Court. It is as a result of that application that the Court sits here today. 4 The Court is authorised to make a consent determination under s 87 at any stage after the end of the period specified in the notice given under s 66 of the Native Title Act where it is satisfied that: (a) agreement has been reached between the parties on the terms of an order of the Court in relation to the proceeding; (b) the terms of the agreement, in writing signed by or on behalf of the parties, have been filed with the Court; and (c) the Court is satisfied that an order in, or consistent with, those terms would be within the power of the Court (s 87(1)). 5 The period specified under s 66 of the Act has long passed; it expired on 15 April 1996. Consent determination orders signed by each party have been filed with the Court. The orders reflect an agreement reached between the parties on the terms of orders of the Court in relation to the proceeding. I am satisfied that an order in those terms would be within the power of the Court and would comply with the requirement that an order that makes a determination of native title must set out details of the matters mentioned in s 225 of the Native Title Act. I therefore conclude that the Court is authorised to make the consent determination under s 87 of the Act. 6 The final matter to which s 87(1) requires me to consider is whether it appears to be appropriate to make the consent determination. In considering whether it appears to be appropriate to make the consent determination I take into account that the applicant, representing the Githabul People, and the State have together asked the Court to make the determination. I also take into account that the Native Title Act discloses an intention that mediation leading to agreement should be the primary means of resolving native title applications. I note that in this case the parties have been assisted during the mediation process by independent and competent legal representatives. I am satisfied by the affidavit evidence placed before the Court that as a consequence the respective interests of the parties have been protected. I am also satisfied that the State of New South Wales has given appropriate consideration to all relevant evidence and other material in the interests of the community generally. 7 I conclude that it is appropriate to make the consent determination orders sought by the parties and I now make those orders. One of those orders is that the Githabul Nation Aboriginal Corporation is to hold the native title rights and interests as agent for the Githabul People who are the common law holders (s 56 and s 57(2) and (3)). A sealed copy of the orders made today will be held in the records of the Federal Court. 8 As this Court has now emphasised on many occasions, the orders of the Court do not grant native title; the orders recognise that the Githabul People have long held rights and interests in the land under the traditional laws acknowledged and the traditional customs observed by them (s 223). 9 Today is therefore a most significant day for the Githabul People and a significant day in the history of New South Wales. I congratulate the parties on reaching the agreement that is reflected in the orders made today. They have persevered over a long time. Reaching an agreement of this kind can take a lot of hard work and it requires the development of mutual trust. I commend the parties on their achievement. I am pleased to see so many members of the claim group and respondent parties here today to witness the realisation of their efforts. The agreement is their agreement, not that of their lawyers, the National Native Title Tribunal or the Court. It reflects great credit on the Githabul People and particularly the named applicant Mr Trevor Close, the State of New South Wales, NTSCORP Limited and the Casino Rural Lands Protection Board. 10 I also commend the legal representatives of the parties who have so ably assisted them to reach this noteworthy agreement. Turning first to the legal representatives of the applicant, I would particularly like to thank Mr McAvoy of counsel, Mr Behrendt from Chalk and Fitzgerald and the staff of NTSCORP Limited including Mr Rind and Mr Chapman (who are no longer with NTSCORP Ltd) and Ms Rotumah. For the State of New South Wales I would particularly like to thank Mr Hughston SC with Mr Waters of counsel and Ms Illiadis from the NSW Crown Solicitors Office and Ms Jude and Ms Khan (who has since left the Department of Lands) for their assistance throughout the proceeding and for their persistence in moving the matter forward towards an agreed outcome. Additionally I express my thanks to Registrar Kavallaris and Mr Hartop of the Federal Court of Australia for their assistance to me and the parties in this matter. 11 I would also like to acknowledge and commend the contribution of the members and staff of the National Native Title Tribunal for their efforts in assisting the parties to conduct the meaningful negotiations which resulted in the Indigenous Land Use Agreement that I have already mentioned and today's consent determination. 12 Because this is such a significant occasion, the Court has prepared bound versions of the orders that the Court has made today. The orders will now be entered and, in a moment, I will invite a representative of each party to step forward to receive a bound copy of the orders. 13 Before adjourning the Court I wish to thank all those who have worked so hard to make today such a wonderful occasion. 14 Once again I congratulate the parties on reaching agreement in this matter.

15 I now formally adjourn the Court. I certify that the preceding fifteen (15) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Branson

Counsel for the Applicant: Mr A L McAvoy

Solicitor for the Applicant: Chalk & Fitzgerald

Counsel for the First and Third Respondents: Mr V Hughston SC with Mr J Waters

Solicitor for the First and Third Respondents: Mr I V Knight, Crown Solicitor

Solicitor for the Second Respondent: Principal Solicitor, NTSCORP Limited

Date of Judgment: 29 November 2007