Wallace on behalf of the Boonthamurra People v State of Queensland

JUDGE: MANSFIELD J DATE OF ORDER: 25 JUNE 2015 WHERE MADE: EROMANGA

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 87A 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. The Determination will take effect upon the agreements referred to in paragraph 1 of Schedule 4 being registered on the Register of Indigenous Land Use Agreements.
3. In the event that the agreements referred to in paragraph 2 are not registered on the Register of Indigenous Land Use Agreements within six (6) months of the date of this order or such later time as this Court may order, the matter is to be listed for further directions.
4. Each party to the proceedings is to bear its own costs. BY CONSENT THE COURT DETERMINES THAT:
5. The Determination Area is the land and waters described in Schedule 1 and depicted in the map attached to Schedule 1.
6. Native title exists in relation to the Determination Area described in Schedule 1.
7. The native title is held by the Boonthamurra People described in Schedule 3 (the native title holders).
8. Subject to paragraphs 9, 10 and 11 below the nature and extent of the native title rights and interests in relation to the land and waters described in Schedule 1 are the non-exclusive rights to: (a) access, be present on, move about on and travel over the area; (b) camp, and live temporarily on the area as part of camping, and for that purpose build temporary shelters; (c) hunt, fish and gather on the land and waters of the area for personal, domestic and non-commercial communal purposes; (d) take, use, share and exchange Natural Resources from the land and waters of the area for personal, domestic and non-commercial communal purposes; (e) take and use the Water of the area for personal, domestic and non-commercial communal purposes; (f) conduct smoking ceremonies and dance on the area; (g) hold meetings on the area; (h) teach on the area the physical and spiritual attributes of the area; (i) maintain places of importance and areas of significance to the native title holders under their traditional laws and customs and protect those places and areas from physical harm; (j) light fires on the area for domestic purposes including cooking, but not for the purpose of hunting or clearing vegetation; and (k) be accompanied onto the area by certain non-Boonthamurra people, being: (i) immediate family of the native title holders, pursuant to the exercise of traditional laws acknowledged and customs observed by the native title holders; and (ii) people required under the traditional laws acknowledged and customs observed by the native title holders for the performance of, or participation in, ceremonies and dance.
9. The native title rights and interests are subject to and exercisable in accordance with: (a) the Laws of the State and the Commonwealth; and (b) the traditional laws acknowledged and traditional customs observed by the native title holders.
10. The native title rights and interests referred to in paragraph 8 do not confer possession, occupation, use or enjoyment to the exclusion of all others.
11. There are no native title rights in or in relation to minerals as defined by the Mineral Resources Act 1989 (Qld) and petroleum as defined by the Petroleum Act 1923 (Qld) and the Petroleum and Gas (Production and Safety) Act 2004 (Qld).
12. The nature and extent of any other interests in relation to the Determination Area (or respective parts thereof) are set out in Schedule 4.
13. The relationship between the native title rights and interests described in paragraph 8 and the other interests described in Schedule 4 (the other interests) is that: (a) the other interests continue to have effect, and the rights conferred by or held under the other interests may be exercised notwithstanding the existence of the native title rights and interests; (b) to the extent the other interests are inconsistent with the continued existence, enjoyment or exercise of the native title rights and interests in relation to the land and waters of the Determination Area, the native title continues to exist in its entirety but the native title rights and interests have no effect in relation to the other interests to the extent of the inconsistency for so long as the other interests exist; and (c) the other interests and any activity that is required or permitted by or under, and done in accordance with, the other interests, or any activity that is associated with or incidental to such an activity, prevail over the native title rights and interests and any exercise of the native title rights and interests. DEFINITIONS AND INTERPRETATION
14. In this Determination, unless the contrary intention appears: "land" and "waters", respectively, have the same meanings as in the Native Title Act 1993 (Cth); "Laws of the State and the Commonwealth" means the common law and the laws of the State of Queensland and the Commonwealth of Australia, and includes legislation, regulations, statutory instruments, local planning instruments and local laws; "Local Government Act" has the same meaning as in the Local Government Act 2009 (Qld) "Local Government Area" has the same meaning as in the Local Government Act 2009 (Qld) "Natural Resources" means: (a) any animal, plant, fish and bird life found on or in the lands and waters of the Determination Area; and (b) any clays, soil, sand, gravel or rock found on or below the surface of the Determination Area. that have traditionally been taken and used by the native title holders, but does not include: (a) animals that are the private personal property of another; (b) crops that are the private personal property of another; and (c) minerals as defined in the Mineral Resources Act 1989 (Qld) or petroleum as defined in the Petroleum Act 1923 (Qld) and the Petroleum and Gas (Production and Safety Act) 2004 (Qld); Reserves" means reserves that are dedicated and taken to be reserves under the Land Act 1994 (Qld). "Water" means: (a) water which flows, whether permanently or intermittently, within a river, creek or stream; (b) water from an underground water source; and (c) any natural collection of water, whether permanent or intermittent.

Other words and expressions used in this Determination have the same meanings as they have in Part 15 of the Native Title Act 1993 (Cth). THE COURT DETERMINES THAT: 15. Upon the Determination taking effect: (a) The native title is held in trust; (b) The Boonthamurra Native Title Aboriginal Corporation (ICN: 8237), incorporated under the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Cth), is to: (i) be the prescribed body corporate for the purpose of ss 56(2)(b) and 56(3) of the Native Title Act 1993 (Cth); and (ii) perform the functions mentioned in s 57(1) of the Native Title Act 1993 (Cth) after becoming a registered native title body corporate. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011. Schedule 1 - DETERMINATION AREA A. Description of Determination Area The Determination Area comprises all of the land and waters described in Part 1 of Schedule 1 A, to the extent that they are located within the External Boundary described in Part 2 of Schedule 1 A, and depicted in the map contained in Schedule 1 B, excluding the areas described in Schedule 2. To the extent of any inconsistency, the written description set out in Part 1 and Part 2 of Schedule 1 A prevails over the map contained in Schedule 1 B. Part 1 - Non-Exclusive Areas: (a) The land and waters comprised of the lots and part lots listed below: Area Description That part of Lot 6 on BG12 that falls within the External Boundary Lot 6 on BG9 Lot 29 on CP847402 That part of Lot 13 on SP253475 which excludes Lot 14 on DP267595 Lot 15 on SP242360 Lot 16 on SP242360 Lot 17 on SP242360 Lot 15 on CP905386 Lot 13 on E3051 Lot 14 on E3051 Lot 16 on E3051 That part of Lot 8 on G249113 that falls within the External Boundary Lot 7 on G249114 Lot 8 on GO23 Lot 7 on GO29 Lot 9 on GO31 Lot 7 on GO41 Lot 11 on SP227788 Lot 3 on GO43 Lot 2 on KB6 Lot 6 on TH21 Lot 4 on TH22 Lot 9 on BG27 Lot 1 on BG30 Lot 410 on BG813213 That part of Lot 3 on BI22 that falls within the External Boundary That part of Lot 2 on BLO31 that falls within the External Boundary Lot 17 on CP900517 Lot 18 on CP901557 That part of lot 1 on CU2 that falls within the External Boundary Lot 5 on GO38 Lot 6 on GO38 Lot 1 on GO40 That part of Lot 4 on GO51 that falls within the External Boundary Lot 408 on GO58 Lot 7 on GO60 Lot 8 on KB10 Lot 1 on KB3 Lot 2 on KB3 Lot 14 on KB813300 That part of Lot 3349 on PH1343 that falls within the External Boundary That part of Lot 5255 on PH1422 that falls within the External Boundary Lot 5256 on PH1423 That part of Lot 3376 on PH1498 that falls within the External Boundary Lot 5116 on PH1499 That part of Lot 3855 on PH156 that falls within the External Boundary Lot 4495 on PH1578 That part of Lot 4790 on PH1614 that falls within the External Boundary That part of Lot 5297 on PH1631 which excludes former Lot 3 on TH17 Lot 467 on PH1709 Lot 472 on SP271188 Lot 3407 on PH179 Lot 3864 on PH183 That part of Lot 5159 on PH1835 that falls within the External Boundary That Part of Lot 1 on BG12 that falls within the External Boundary Lot 5 on BG15 Lot 1 on BG10 Lot 412 on PH1952 That part of Lot 424 on PH1953 that falls within the External Boundary That part of Lot 446 on PH1954 that falls within the External Boundary Lot 460 on PH1956 That part of Lot 430 on SP259174 that falls within the External Boundary That part of Lot 449 on SP271332 that falls within the External Boundary That part of Lot 1 on AP21981 that falls within the External Boundary That part of Lot 2 on AP21981 that falls within the External Boundary Lot 3 on AP21981 Lot 3460 on SP223515 Lot 1 on SP255332 Lot 2 on SP255332 That part of lot 1 on SP223518 that falls within the External Boundary That part of Lot 439 on SP231072 that falls within the External Boundary That part of Lot 434 on PH2147 that falls within the External Boundary Lot 3 on SP255332 Lot 4841 on SP271188 Lot 4936 on SP258936 Lot 5009 on PH244 Lot 4754 on PH255 That part of Lot 2666 on PH323 that falls within the External Boundary and which excludes former Lot 3 on BG5 Lot 4224 on PH538 That part of Lot 5124 on PH638 that falls within the External Boundary That part of Lot 6 on SP196201 that falls within the External Boundary Lot 3000 on PH762 That part of Lot 3508 on PH795 that falls within the External Boundary Lot 5156 on PH870 Lot 5166 on PH879 Lot 5 on SP129661 Lot 307 on SP159204 Lot 5 on TH10 Lot 6 on TH10 That part of Lot 3 on TH31 that falls within the External Boundary Lot 1 on TH32 That part of Lot 447 on SP196201 that falls within the External Boundary That part of Lot 3 on WLA14 that falls within the External Boundary Lot 1 on WLA15 Lot 8 on WLA17 Lot 9 on WLA17 Lot 10 on GO31 Lot 9 on GO844025 Lot 1 on GO39

(b) The waters within the External Boundary including but not limited to: (i) Bookaberri Waterhole; (ii) Cornhill Creek; (iii) Ginnapapa Creek; and (iv) Kyabra Creek. Part 2 - External Boundary of Determination Area: The External Boundary of the Determination Area commences at a point south easterly of Quimmarroo Waterhole at Longitude 142.197707° East, Latitude 26.319248° South and extending generally north easterly and generally easterly, passing through the following coordinate points: Longitude (East) Latitude (South) 142.206428 26.314791 142.221294 26.306265 142.233983 26.299283 142.238015 26.294444 142.240165 26.292168 142.244162 26.287068 142.252482 26.277084 142.263620 26.243837 142.269536 26.227076 142.274298 26.214375 142.279061 26.203262 142.285809 26.191752 142.290571 26.186592 142.298906 26.182226 142.300891 26.179051 142.303669 26.174288 142.304860 26.166350 142.304463 26.158015 142.302479 26.120309 142.302082 26.092526 142.303272 26.088557 142.306844 26.081413 142.308829 26.075459 142.310417 26.061568 142.310020 26.050455 142.306051 26.042913 142.302500 26.038380 142.300490 26.036350 142.299110 26.035000 142.298730 26.034330 142.298460 26.029480 142.298200 26.028470 142.295820 26.026330 142.294570 26.025650 142.293930 26.022500 142.293660 26.019120 142.294390 26.013580 142.293510 26.012010 142.293500 26.009980 142.290620 26.008970 142.288620 26.007850 142.288360 26.006270 142.287110 26.005600 142.286610 26.005260 142.285720 26.003690 142.284340 26.002450 142.284590 26.001090 142.283540 25.999460 142.282830 25.998500 142.285240 25.990620 142.286600 25.988100 142.285260 25.986680 142.283240 25.987540 142.280740 25.987640 142.279360 25.986130 142.279280 25.984690 142.280060 25.983410 142.280040 25.980910 142.280420 25.976630 142.280700 25.974180 142.282070 25.970390 142.283390 25.968170 142.291760 25.967450 142.292870 25.965750 142.293750 25.965520 142.294870 25.965630 142.296120 25.964830 142.299850 25.961650 142.301450 25.958490 142.302700 25.957690 142.303570 25.957690 142.304940 25.956100 142.305310 25.955310 142.307170 25.953150 142.310030 25.950430 142.310650 25.949190 142.310890 25.948290 142.311000 25.944790 142.311620 25.943650 142.312860 25.942520 142.315350 25.941380 142.316090 25.939690 142.316220 25.939460 142.317090 25.939000 142.317330 25.937420 142.318200 25.937080 142.319330 25.937520 142.319830 25.937410 142.320950 25.936500 142.322320 25.936040 142.323190 25.934690 142.324680 25.933770 142.324960 25.933520 142.325320 25.933200 142.326320 25.932970 142.326410 25.927210 142.326780 25.926530 142.329390 25.924030 142.333040 25.922400 142.335990 25.920110 142.340610 25.919920 142.343980 25.919570 142.345220 25.918890 142.351330 25.918070 142.352710 25.917720 142.353580 25.917260 142.355930 25.914660 142.356550 25.913530 142.357920 25.912850 142.359040 25.911490 142.361280 25.910230 142.361650 25.909550 142.362500 25.906390 142.365350 25.900840 142.366710 25.899030 142.367330 25.897900 142.368820 25.896420 142.369800 25.894160 142.371040 25.892800 142.372270 25.889860 142.373140 25.888610 142.377240 25.884870 142.377230 25.883840 142.378910 25.880350 142.378750 25.876390 142.379510 25.873410 142.385380 25.869870 142.390440 25.867360 142.393230 25.866380 142.398840 25.865690 142.403710 25.865990 142.404460 25.866550 142.408840 25.868800 142.409850 25.869570 142.411720 25.869350 142.415970 25.870220 142.419460 25.870440 142.421210 25.871320 142.422600 25.873010 142.423870 25.876170 142.425490 25.876960 142.426750 25.879100 142.427010 25.881000 142.428400 25.882800 142.429040 25.885060 142.429290 25.885400 142.429420 25.886300 142.431800 25.888100 142.433180 25.888430 142.434930 25.889200 142.437810 25.891450 142.438820 25.893140 142.439080 25.893920 142.440590 25.895720 142.443710 25.896840 142.447970 25.898850 142.449720 25.899290 142.453850 25.900850 142.457480 25.902980 142.459350 25.902740 142.460110 25.903070 142.461360 25.904650 142.462990 25.905320 142.474590 25.904130 142.475600 25.904910 142.477100 25.905580 142.481470 25.906340 142.482720 25.906340 142.484210 25.905650 142.484710 25.905200 142.489440 25.903030 142.490560 25.902800 142.492810 25.903570 142.499280 25.900720 142.500950 25.900360 142.502310 25.899810 142.503570 25.898810 142.504850 25.897470 142.507540 25.894290 142.510020 25.893340 142.515540 25.887480 142.519470 25.884750 142.523120 25.883540 142.527130 25.881550 142.530760 25.880800 142.532890 25.879810 142.537400 25.878720 142.539530 25.877840 142.541550 25.876170 142.543180 25.875510 142.543730 25.874740 142.545580 25.873500 142.546330 25.873280 142.548470 25.871380 142.549620 25.869700 142.549630 25.868800 142.550140 25.867790 142.550160 25.866180 142.551040 25.865540 142.552540 25.865330 142.553050 25.864880 142.553560 25.863650 142.555200 25.861970 142.556600 25.859950 142.557100 25.859510 142.558230 25.859360 142.559730 25.859080 142.561870 25.857970 142.563630 25.856520 142.564760 25.855970 142.567890 25.855100 142.568780 25.854090 142.572300 25.851750 142.575060 25.850650 142.576190 25.849760 142.578450 25.848880 142.580210 25.847880 142.581580 25.847670 142.583090 25.846330 142.584850 25.845440 142.586770 25.845190 142.587740 25.844230 142.591248 25.842491 142.599400 25.838930 142.600000 25.838110 142.601180 25.836460 142.603700 25.834000 142.606840 25.832680 142.607720 25.831780 142.607750 25.829070 142.609160 25.825930 142.610430 25.824580 142.611550 25.824480 142.612240 25.823920 142.612940 25.823140 142.613070 25.822240 142.614090 25.821010 142.614970 25.820230 142.617360 25.818780 142.619240 25.818010 142.620120 25.817340 142.622750 25.816240 142.623630 25.815570 142.624750 25.814070 142.626390 25.814580 142.627390 25.814250 142.629280 25.812460 142.632160 25.811470 142.633170 25.810580 142.635960 25.806320 142.637860 25.804190 142.639740 25.803640 142.642010 25.801410 142.643390 25.800630 142.644160 25.798940 142.645420 25.797710 142.647670 25.796950 142.648930 25.795720 142.650940 25.794940 142.652830 25.793040 142.654330 25.792270 142.655090 25.791370 142.654940 25.789300 142.656520 25.788580 142.657870 25.788240 142.658370 25.788350 142.659110 25.789150 142.660230 25.789390 142.661270 25.789070 142.662850 25.789410 142.666710 25.789450 142.672090 25.788480 142.673840 25.787710 142.676610 25.785930 142.684290 25.779450 142.685920 25.778450 142.689170 25.777240 142.690930 25.776240 142.692320 25.775010 142.694590 25.772320 142.695480 25.770860 142.696490 25.769970 142.698370 25.769080 142.699120 25.768410 142.700260 25.766620 142.701900 25.765160 142.703360 25.762670 142.714880 25.744930 142.716100 25.743850 142.717490 25.742170 142.719270 25.738690 142.720550 25.735310 142.720960 25.732490 142.720850 25.730910 142.720120 25.728980 142.719540 25.725590 142.719570 25.722430 142.719050 25.719970 142.719740 25.717920 142.721640 25.715570 142.722290 25.713090 142.724070 25.709490 142.725580 25.707930 142.726220 25.707030 142.727370 25.704330 142.727750 25.703770 142.728630 25.703210 142.730370 25.703000 142.732500 25.702460 142.733620 25.702020 142.734750 25.701120 142.735140 25.699880 142.737150 25.698210 142.738170 25.696560 142.738770 25.694790 142.740800 25.693150 142.742270 25.690830 142.743280 25.686790 142.744390 25.685360 142.744390 25.683050 142.745840 25.681420 142.746450 25.667820 142.745600 25.666350 142.743470 25.663930 142.740020 25.660870 142.738450 25.658150 142.736980 25.656330 142.735620 25.655190 142.733050 25.654050 142.728560 25.651180 142.727570 25.650270 142.727720 25.648130 142.726740 25.647220 142.726710 25.645650 142.728690 25.643220 142.734350 25.639320 142.735590 25.634770 142.737320 25.631770 142.737200 25.630040 142.736500 25.627870 142.736630 25.626350 142.738190 25.624290 142.738830 25.622940 142.738840 25.621810 142.739230 25.620690 142.740360 25.619570 142.741240 25.619130 142.743230 25.617060 142.744250 25.616440 142.745620 25.616340 142.747360 25.616920 142.747980 25.616930 142.748860 25.616600 142.752120 25.614480 142.754920 25.614340 142.758400 25.614100 142.759340 25.614320 142.761340 25.613880 142.764700 25.614030 142.765450 25.613810 142.768080 25.612140 142.769090 25.611240 142.769600 25.610010 142.770990 25.608100 142.772780 25.606650 142.776660 25.602050 142.778290 25.600490 142.779040 25.600040 142.779420 25.599260 142.780420 25.599040 142.783280 25.599630 142.785620 25.600600 142.786030 25.599200 142.786660 25.598300 142.787660 25.597520 142.788170 25.596730 142.788390 25.593350 142.789580 25.592340 142.789710 25.591780 142.788900 25.591130 142.788940 25.583110 142.788200 25.581720 142.786960 25.580700 142.786980 25.579460 142.786480 25.578430 142.787240 25.577540 142.787250 25.576520 142.788010 25.575510 142.787780 25.573930 142.788540 25.572470 142.788560 25.571120 142.788180 25.570000 142.786730 25.566700 142.785750 25.565900 142.784630 25.565780 142.782290 25.563160 142.781230 25.562010 142.779520 25.558830 142.778930 25.556520 142.779210 25.554420 142.779100 25.553410 142.778180 25.551280 142.778820 25.549590 142.777970 25.547550 142.778350 25.546540 142.778230 25.546090 142.777370 25.545120 142.778750 25.544060 142.778390 25.542930 142.778400 25.542140 142.779280 25.541580 142.780400 25.541360 142.781280 25.540690 142.781910 25.539230 142.782540 25.539240 142.782910 25.538900 142.782800 25.537550 142.782560 25.536980 142.781700 25.536070 142.781460 25.534710 142.781100 25.534150 142.779730 25.533800 142.778300 25.532460 142.777520 25.531290 142.777030 25.529710 142.774820 25.527430 142.774580 25.525960 142.774100 25.525170 142.773980 25.524270 142.773490 25.523360 142.770290 25.520280 142.769030 25.519750 142.768680 25.519030 142.767690 25.518910 142.767200 25.518450 142.765610 25.515960 142.766250 25.513820 142.767510 25.512470 142.767890 25.511690 142.767910 25.509650 142.768550 25.508190 142.768700 25.505940 142.769420 25.504230 142.768230 25.503220 142.767480 25.503330 142.767230 25.503100 142.767250 25.501180 142.768260 25.499730 142.768910 25.497930 142.770170 25.496240 142.770800 25.494890 142.770700 25.492520 142.771210 25.491740 142.773720 25.489840 142.773970 25.489170 142.775460 25.489000 142.776340 25.488960 142.777340 25.488070 142.777980 25.487060 142.778240 25.485930 142.780140 25.483250 142.780730 25.484380 142.782250 25.483030 142.782630 25.482240 142.783280 25.479540 142.783910 25.478980 142.785270 25.479330 142.786020 25.478660 142.786780 25.477650 142.787420 25.476300 142.787680 25.474840 142.787510 25.473780 142.788450 25.473150 142.788950 25.472250 142.789210 25.470900 142.789850 25.469550 142.790980 25.468210 142.791620 25.467080 142.792140 25.464490 142.793290 25.461340 142.794170 25.460330 142.794920 25.460340 142.795410 25.460680 142.795910 25.460690 142.796790 25.459790 142.797660 25.459690 142.798420 25.459130 142.799180 25.457550 142.800650 25.456100 142.799950 25.454850 142.799960 25.453610 142.800600 25.452260 142.800250 25.450340 142.801010 25.448990 142.800900 25.446960 142.802300 25.444370 142.802690 25.442120 142.804960 25.439660 142.806200 25.439220 142.807080 25.438430 142.807470 25.437310 142.809100 25.436080 142.809240 25.434610 142.811370 25.432830 142.812140 25.431480 142.812880 25.430580 142.815380 25.429470 142.816260 25.428690 142.932290 25.423196 142.935402 25.425687 142.943704 25.424441 142.973180 25.404930 142.978992 25.403269 142.986049 25.402024 142.996428 25.402024 143.005146 25.402854 143.013864 25.404099 143.032960 25.407421 143.041263 25.407421 143.057454 25.402854 143.066172 25.399118 143.071984 25.397042 143.079456 25.395381 143.087759 25.394551 143.103535 25.393721 143.121801 25.389985 143.133840 25.386248 143.145879 25.381267 143.150031 25.380436 143.157503 25.380436 143.163315 25.381682 143.167052 25.390400 143.170230 25.393320 143.184050 25.398970 143.187400 25.399440 143.189780 25.398220 143.193770 25.396900 143.205100 25.394730 143.219130 25.395400 143.225110 25.394650 143.228340 25.393890 143.241390 25.393870 143.249652 25.393413 143.267294 25.390758 143.279245 25.387153 143.294231 25.382032 143.306182 25.379376 143.316994 25.378996 143.325531 25.380135 143.333308 25.382601 143.340327 25.384118 143.348484 25.385067 143.355882 25.384877 143.366315 25.383929 143.380353 25.380893 143.390407 25.375202 143.396288 25.369512 143.402737 25.365907 143.409187 25.362303 143.414119 25.360406 143.416775 25.359837 143.421517 25.360596 143.426829 25.363631 143.432330 25.368563 143.436276 25.372812 143.438400 25.373495 143.442573 25.373875 143.454180 25.365630 143.468372 25.354146 143.485700 25.345340 143.491136 25.342954 143.495119 25.342195 143.499293 25.341816 143.504984 25.342006 143.509347 25.344092 143.513150 25.346680 143.519590 25.350542 143.524902 25.352818 143.535145 25.355853 143.548045 25.359268 143.552787 25.359458 143.556960 25.356612 143.560754 25.347696 143.568532 25.338022

Then north-easterly to a point on the Cheviot Range at Longitude 143.578552 East, Latitude 25.332230 South, being the watershed between Cooper Creek and Barcoo River then generally easterly, and generally south easterly along that watershed, and ridgeline of that range to its intersection with the watershed of Cooper Creek and Bulloo River, then generally southerly along that watershed and the Ridgeline of the Grey Range to Longitude 143.871053° East, a point on the external boundary of the Kullilli People determination; then generally south-westerly again along that watershed, ridgeline of that range and external boundary of that determination to Latitude 27.120427° South; then generally south westerly again along the boundary of that determination passing through the following coordinate points: Longitude (East) Latitude (South) 143.504683 27.134139 143.480100 27.156729 143.448873 27.181311 143.418311 27.201244 143.397714 27.216525 143.376454 27.230477 143.359844 27.241108 143.341240 27.249745 143.318651 27.261704 143.292739 27.274992 143.276129 27.283629 143.245566 27.300239 143.214339 27.318178 143.181784 27.334124 143.163845 27.343426 143.137269 27.356049 143.114015 27.368008 143.087439 27.379303 143.061527 27.393256 143.039602 27.405215 143.014354 27.417174 143.002395 27.423154 142.985785 27.429133 142.965853 27.435778 142.949243 27.442422 142.941935 27.443086 142.924660 27.433120

Then north westerly to the centreline of Wilson River at Longitude 142.921272° East, then generally north westerly back to the commencement point through the following coordinate points: Longitude (East) Latitude (South) 142.828467 27.220193 142.814070 27.201477 142.783118 27.140291 142.752885 27.083425 142.742807 27.007122 142.734169 26.937299 142.725531 26.886191 142.714014 26.834363 142.705376 26.810608 142.693858 26.792613 142.680901 26.771737 142.662186 26.751582 142.664190 26.735746 142.600280 26.706233 142.575086 26.694715 142.543414 26.684638 142.522538 26.673120 142.457034 26.632810 142.424641 26.607616 142.385770 26.582422 142.346180 26.562986 142.310908 26.540671 142.273477 26.515477 142.238925 26.495322 142.211756 26.471065 142.205777 26.439839 142.200696 26.378517 142.199133 26.358781 142.197804 26.337521 142.197709 26.319591

Reference Datum Geographical coordinates have been provided by the NNTT Geospatial Unit and are referenced to the Geocentric Datum of Australia 1994 (GDA94), in decimal degrees and are based on the spatial reference data acquired from the various custodians at the time. Data Reference and Source External boundary based in part on data sourced from Commonwealth of Australia, NNTT (March 2015). Wilson River sourced from 1:250,000 scale topographic vector data, © Commonwealth of Australia (2008). Watershed boundaries and Ridgelines of the Grey and Cheviot Ranges based on Drainage Basin Sub-Area Data as at (January 2009) sourced from Department of Environment and Resource Management (Qld) September 2011. Use of Coordinates Where coordinates are used within the description to represent cadastral or topographical boundaries or the intersection with such, they are intended as a guide only. As an outcome to the custodians of cadastral and topographic data continuously recalculating the geographic position of their data based on improved survey and data maintenance procedures, it is not possible to accurately define such a position other than by detailed ground survey. B. Map of Determination Area

Schedule 2 - AREAS NOT FORMING PART OF THE DETERMINATION AREA The following areas of land and waters are excluded from the Determination Area.

1. Those land and waters within the External Boundary, which at the time the native title determination application was made; (a) were the subject of one or more Previous Exclusive Possession Acts, within the meaning of s 23B of the Native Title Act 1993 (Cth); and (b) to which none of ss 47, 47A or 47B of the Native Title Act 1993 (Cth) applied at the time of the native title determination application; are excluded from the Determination Area as they could not be claimed in accordance with s 61A of the Native Title Act 1993 (Cth).
2. Specifically, and to avoid any doubt, the land and waters described in (1) above includes: (a) the tenure based exclusions under ss 23B(2) and 23B(3) of the Native Title Act 1993 (Cth) to which s 20 of the Native Title (Queensland) Act 1993 (Qld) applies; (b) 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 to which 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); and (c) includes, but is not limited to, the whole of the land and waters described as: (i) Lot 7 on KB813309; (ii) Lot 411 on BG813212;; (iii) Lot 1 on KB813299; (iv) Lot 10 on WLA813313; (v) Lot 6 on GO813218; (vi) Lot 2 on BG813297; (vii) Lot 10 on GO813301; and (viii) that part of Lot 4 on BLO10 that falls within the External Boundary described in Schedule 1A Part 2. Schedule 3 - NATIVE TITLE HOLDERS
3. The native title holders are the Boonthamurra People. The Boonthamurra People are the descendants of one or more of the following people: (a) Kangaroo; or (b) Dick Ray Who identify and are accepted as Boonthamurra People according to Boonthamurra traditional law and custom. 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:
4. The rights and interests of the parties under the following agreements: (a) The agreement between Barbara Olsen and Mark Wallace on their own behalf and on behalf of the Boonthamurra People (QUD435/2006), the Barcoo Shire Council and the Quilpie Shire Council as parties to the Local Government ILUA authorised on 14 April 2015; (b) The agreement between Barbara Olsen and Mark Wallace on their own behalf and on behalf of the Boonthamurra People (QUD435/2006), and Ergon Energy Corporation Limited as parties to the Indigenous Land Use Agreement authorised on 14 April 2015; (c) The Boonthamurra People (QUD435/2006) and Araluen and Budgerygar pastoral Indigenous Land Use Agreement authorised on 14 April 2015; (d) The Boonthamurra People (QUD435/2006) and Buckaroola and Monler pastoral Indigenous Land Use Agreement authorised on 14 April 2015; (e) The Boonthamurra People (QUD435/2006) and Clifton pastoral Indigenous Land Use Agreement authorised on 14 April 2015; (f) The Boonthamurra People (QUD435/2006) and Congie pastoral Indigenous Land Use Agreement authorised on 14 April 2015; (g) The Boonthamurra People (QUD435/2006) and Coomo pastoral Indigenous Land Use Agreement authorised on 14 April 2015; (h) The Boonthamurra People (QUD435/2006) and Hammond Downs pastoral Indigenous Land Use Agreement authorised on 14 April 2015; (i) The Boonthamurra People (QUD435/2006) and Harkaway pastoral Indigenous Land Use Agreement authorised on 14 April 2015; (j) The Boonthamurra People (QUD435/2006) and Kalabra pastoral Indigenous Land Use Agreement authorised on 14 April 2015; (k) The Boonthamurra People (QUD435/2006) and Keeroongooloo pastoral Indigenous Land Use Agreement authorised on 14 April 2015; (l) The Boonthamurra People (QUD435/2006) and Malagarga and Mt Howitt pastoral Indigenous Land Use Agreement authorised on 14 April 2015; (m) The Boonthamurra People (QUD435/2006) and Maroo and Regleigh pastoral Indigenous Land Use Agreement authorised on 14 April 2015; (n) The Boonthamurra People (QUD435/2006) and Moothandella pastoral Indigenous Land Use Agreement authorised on 14 April 2015; (o) The Boonthamurra People (QUD435/2006) and Nerrigundah pastoral Indigenous Land Use Agreement authorised on 14 April 2015; (p) The Boonthamurra People (QUD435/2006) and Nockatunga pastoral Indigenous Land Use Agreement authorised on 14 April 2015; (q) The Boonthamurra People (QUD435/2006) and Panjee and Talgeberry pastoral Indigenous Land Use Agreement authorised on 14 April 2015; (r) The Boonthamurra People (QUD435/2006) and Plevna Downs pastoral Indigenous Land Use Agreement authorised on 14 April 2015; (s) The Boonthamurra People (QUD435/2006) and Quartpot pastoral Indigenous Land Use Agreement authorised on 14 April 2015; (t) The Boonthamurra People (QUD435/2006) and Raymore and Wheeo pastoral Indigenous Land Use Agreement authorised on 14 April 2015; (u) The Boonthamurra People (QUD435/2006) and South Galway pastoral Indigenous Land Use Agreement authorised on 14 April 2015; (v) The Boonthamurra People (QUD435/2006) and Tenham pastoral Indigenous Land Use Agreement authorised on 14 April 2015; (w) The Boonthamurra People (QUD435/2006) and Thylungra pastoral Indigenous Land Use Agreement authorised on 14 April 2015; (x) The Boonthamurra People (QUD435/2006) and Trinidad pastoral Indigenous Land Use Agreement authorised on 14 April 2015; and (y) The Boonthamurra People (QUD435/2006) and Whynot pastoral Indigenous Land Use Agreement authorised on 14 April 2015.
5. The rights and interests of Santos Limited and Delhi Petroleum Pty Ltd: (a) as holders of Authority to Prospect No. 1189 granted under the Petroleum and Gas (Production and Safety Act) 2004 (Qld);
6. The rights and interests of Santos Limited, Vamgas Pty Ltd, Santos Australian Hydrocarbons Pty Ltd, Origin Energy Resources Limited, Delhi Petroleum Pty Ltd: (a) as holders of Petroleum Lease No. 141 granted under the Petroleum Act 1923 (Qld); and (b) as holders of Petroleum Lease No. 148 granted under the Petroleum Act 1923 (Qld).
7. The rights and interests of Vamgas Pty Ltd, Santos QNT Pty Ltd and Drillsearch Energy Limited; (a) as holders of Authority to Prospect No. 299 granted under the Petroleum Act 1923 (Qld); (b) as holders of Petroleum Lease No. 29 granted under the Petroleum Act 1923 (Qld); (c) as holders of Petroleum Lease No. 38 granted under the Petroleum Act 1923 (Qld); (d) as holders of Petroleum Lease No. 39 granted under the Petroleum Act 1923 (Qld); (e) as holders of Petroleum Lease No. 52 granted under the Petroleum Act 1923 (Qld); (f) as holders of Petroleum Lease No. 57 granted under the Petroleum Act 1923 (Qld); (g) as holders of Petroleum Lease No. 95 granted under the Petroleum Act 1923 (Qld); (h) as holders of Petroleum Lease No. 169 granted under the Petroleum Act 1923 (Qld); (i) as holders of Petroleum Lease No. 170 granted under the Petroleum Act 1923 (Qld); (j) as holders of Petroleum Lease No. 295 granted under the Petroleum Act 1923 (Qld); (k) as holders of Petroleum Pipeline Licence No. 109 granted under the Petroleum and Gas (Production and Safety Act) 2004 (Qld); (l) as holders of Petroleum Pipeline Licence No. 110 granted under the Petroleum and Gas (Production and Safety Act) 2004 (Qld); (m) as holders of Petroleum Pipeline Licence No. 111 granted under the Petroleum and Gas (Production and Safety Act) 2004 (Qld); and (n) as holders of Petroleum Pipeline Licence No. 112 granted under the Petroleum and Gas (Production and Safety Act) 2004 (Qld).
8. The rights and interests of Santos QNT Pty Ltd, Santos (299) Pty Ltd and Drillsearch Energy Limited: (a) as holders of Petroleum Lease No. 293 granted under the Petroleum Act 1923 (Qld); (b) as holders of Petroleum Lease No. 294 granted under the Petroleum Act 1923 (Qld); and (c) as holders of Petroleum Lease No. 298 granted under the Petroleum Act 1923 (Qld).
9. The rights and interests of Santos QNT Pty Ltd: (a) as holder of Authority to Prospect No. 636 granted under the Petroleum Act 1923 (Qld); (b) as holder of Petroleum Lease No. 117 granted under the Petroleum Act 1923 (Qld); and (c) as holder of Authority to Prospect No. 765 granted under the Petroleum and Gas Act 2004 (Qld)
10. The rights and interests of Doce Pty Ltd as holder of Rolling Term Lease TL 0/232564 over Lot 424 on PH1953.
11. The rights and interests of IOR Energy Pty Ltd as the holder of petroleum pipeline licence 9 granted under the Petroleum Act 1923 (Qld) and converted to a pipeline licence under the Petroleum and Gas (Production and Safety) Act 2004 (Qld), which includes the right of IOR Energy Pty Ltd, its employees, agents and contractors to enter the Determination Area and do all things necessary for or incidental to the exercise of those rights and interests in the Determination Area.
12. The rights and interests of Beach Energy Limited and Mawson Petroleum Pty Limited, as joint holders of: (a) Petroleum Lease No. 31 granted under the Petroleum Act 1923 (Qld); (b) Petroleum Lease No. 32 granted under the Petroleum Act 1923 (Qld); (c) Petroleum Lease No. 47 granted under the Petroleum Act 1923 (Qld); and (d) which includes the right of Beach Energy Limited and Mawson Petroleum Pty Limited's employees, agents or contractors to enter the Determination Area and do all things necessary to perform their duties in the Determination Area.
13. The rights and interests of Beach Energy Limited, Gidgealpa Oil Pty Ltd and Mawson Petroleum Pty Limited as joint holders of: (a) Authority to Prospect No. 269 granted under the Petroleum Act 1923 (Qld); (b) Petroleum Lease No. 482 granted under the Petroleum Act 1923 (Qld); (c) Petroleum Lease No. 483 granted under the Petroleum Act 1923 (Qld); and (d) Petroleum Lease No. 484 granted under the Petroleum Act 1923 (Qld); (e) which includes the right of Beach Energy Limited, Gidgealpa Oil Pty Ltd and Mawson Petroleum Pty Limited's employees, agents or contractors to enter the Determination Area and do all things necessary to perform their duties in the Determination Area.
14. The rights and interests of Australian Gasfields Limited, Beach Energy Limited, and Mawson Petroleum Pty Limited, as joint holders of Petroleum Lease No. 184 granted under the Petroleum Act 1923 (Qld), which includes the right of Australian Gasfields Limited, Beach Energy Limited and Mawson Petroleum Pty Limited's employees, agents or contractors to enter the Determination Area and do all things necessary to perform their duties in the Determination Area.
15. The rights and interests of Beach Energy Limited, Inland Oil (Production) Pty Ltd, and Mawson Petroleum Pty Limited, as joint holders of Petroleum Lease No. 256 granted under the Petroleum Act 1923 (Qld), which includes the right of Beach Energy Limited, Inland Oil (Production) Pty Ltd and Mawson Petroleum Pty Limited's employees, agents or contractors to enter the Determination Area and do all things necessary to perform their duties in the Determination Area.
16. The rights and interests of Beach Energy Limited and Bengal Energy (Australia) Pty Ltd as joint holders of Authority to Prospect No.732 granted under the Petroleum and Gas (Production and Safety) Act 2004 (Qld) which includes the right of Beach Energy Limited and Bengal Energy (Australia) Pty Ltd's employees, agents or contractors to enter the Determination Area and do all things necessary to perform their duties in the Determination Area.
17. The rights and interests of Telstra Corporation Limited (ACN 051 775 556): (a) as the owner or operator of telecommunications facilities installed 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 telecommunication facilities; (iii) to alter, remove, replace, maintain, repair and ensure the proper functioning of telecommunications facilities; (c) for its employees, agents or contractors to access its telecommunications facilities in and in the vicinity of the Determination Area in the performance of their duties; and (d) under any lease, licence, access agreement or easement relating to its telecommunications facilities in the Determination Area.
18. The rights and interests of Ergon Energy Corporation Limited: (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 on which these orders are made; (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.
19. The rights and interests of the State of Queensland, the Barcoo Shire Council and the Quilpie Shire Council to access, use, operate, maintain and control the dedicated roads in the Determination Area and the rights and interests of the public to use and access the roads.
20. The rights and interests of the Barcoo Shire Council and Quilpie Shire Council as the local governments for that part of the Determination Area within their respective Local Government Areas, including: (a) their powers, functions, responsibilities and jurisdiction under the Local Government Act 2009 (Qld); (b) their rights and interests under any interest in land or waters within the Determination Area, including under any lease, licence, access agreement, easement or reserve in the Determination Area; (c) the right to use, operate, maintain, replace, restore, remediate, repair and otherwise exercise all other rights as the owners and operators of infrastructure, structures, earth works, access works, facilities and other improvements within the Determination Area; (d) the rights under any agreements between the Councils and any third party which relate to land or waters within the Determination Area; and (e) the rights of their employees, agents and contractors to enter upon the Determination Area for the purpose of performing their powers and responsibilities under sub-paragraphs (a) - (d).
21. The rights and interests of the State of Queensland in Reserves, the rights and interests of the trustees of those Reserves and of the persons entitled to access and use those Reserves for the respective purpose for which they are reserved.
22. The rights and interests of the holders of any authority, permit, lease or licence made, granted, issued or entered into under the Land Act 1994 (Qld).
23. The rights and interests of members of the public arising under the common law, including but not limited to: (a) any subsisting public right to fish; and (b) the public right to navigate.
24. So far as confirmed pursuant to s 212(2) of the Native Title Act 1993 (Cth) and s 18 of the Native Title Act (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.
25. 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 and the Commonwealth.

IN THE FEDERAL COURT OF AUSTRALIA QUEENSLAND DISTRICT REGISTRY GENERAL DIVISION QUD 435 of 2006

JUDGE: MANSFIELD J DATE: 25 JUNE 2015 PLACE: EROMANGA

INTRODUCTION 1 This judgment concerns an application for the determination of native title under the Native Title Act 1993 (Cth) (the NT Act) in respect of a very substantial area of land in the south-western section of Queensland. 2 This judgment is now made with the consent and support of the State of Queensland, the Quilpie Shire Council and, in respect of the southernmost tip of the claim area, with the consent of the Barcoo Shire Council, and with those who hold pastoral and mining interests and other interests over any part of the claim area. As explained below, it is also made in respect of an area over which no other Aboriginal group claims to have, or to have had, traditional rights and interests. It is surrounded by other areas over which different Aboriginal groups claim to have, or are recognised to have, traditional rights and interests. 3 For the reasons set out below, I am satisfied that the requirements of the NT Act have been satisfied, and that the orders agreed between the parties should be made: see Munn (for and on behalf of the Gunggari People v Queensland (2001) 115 FCR 109 at [22]. 4 Consequently, I will make a determination that: (a) native title exists in relation to the determination area; (b) the Boonthamurra People are the native title holders of the determination area; (c) the native title does not confer possession, occupation, use and enjoyment of that land or waters on the native title holders to the exclusion of all others in relation to any of the determination area; (d) the non-exclusive native title rights and interests exist in relation to all of the determination area; (e) the Boonthamurra People hold native title in accordance with the laws of Australia and their own traditional laws and customs; (f) there are other interests in relation to the determination area; (g) the native title and other interests take their place within the general legal order so that the relationship between native title rights and other interests in the determination area is explained in the Determination. 5 The maps attached to the Determination show where respective native title rights exist in relation to the proposed determination area. 6 On the footing that the proposed determination is within the power of the Court, s 87A(4) of the Act then authorises the Court to make the proposed determination without holding a hearing "if it appears to the Court to be appropriate to do so". 7 In making the Determination, I have taken into account that: (a) the parties consent to the proposed determination and they have freely entered into the agreement under s 87A on the basis of consent informed by their involvement in the claim process, including negotiation and mediation in relation to the application and by having had the opportunity to consider and assess the evidence on which the applicant has relied; (b) the parties have had the benefit of, and their consent is further informed by, independent legal advice in reaching the agreement under s 87A and the parties have engaged rationally and in good faith throughout the claim process; (c) the State of Queensland (the State), in its capacity of parens patriae to look after the interests of the community generally, has taken a "real interest" or an active role in the proceeding on behalf of the broader community and has considered and assessed the evidence under its particular processes for dealing with native title claims; and (d) the process by which the parties have reached agreement is consistent with the design of the Act which encourages parties to take responsibility for resolving proceedings without the need for litigation.

HISTORY OF THE CLAIM 8 Clearly, the requirements of s 87A of the NT Act are satisfied, including that it is appropriate under s 87A(4)(b) to make the determination. There is now no need to refer to the many authorities, consistently identifying factors which are or may be relevant to that required satisfaction. I have referred to some of them. The process reaching the agreed position, and the material on which it has been based, are addressed in more detail in the next section of these reasons. 9 This judgment explains why the Court makes a determination recognising that the Boonthamurra People are, and have been for many, many generations, the traditional owners of a very large section of the land in South West Queensland. 10 It is based upon the extensive material filed in the proceeding, including a range of anthropological reports and other anthropological and linguistic data, and on an extensive range of affidavit material (referred to in Attachment 2 to the Submissions of the Applicant filed on 10 June 2015). 11 The application was filed on 2 November 2006 and sought a determination of native title over particular areas of land and waters, including rivers, creeks and streams, within the outer boundaries identified in the application described generally as the land surrounding the town of Eromanga in the south western region of the state of Queensland and bordered on the west by Cooper Creek, on the north by the Cheviot Ranges, on the east by the Grey Range and to the south encompassing the headwaters of the Wilson River and north of Conbar Station. 12 There had been some overlapping claims over the claim area. They were resolved by Queensland South Native Title Services convening the Western Region Land Summit from 27 October to 30 October 2005 under ss 203BC and 203BF of the NT Act. 13 As a consequence, overlaps with the claimed interests of the Wangkumara, Kullilli and Mardigan peoples were addressed. Any overlapping claim areas were resolved by the amendment of the claims or by the withdrawal and making of new claims. 14 The current claim was filed pursuant to agreements and the Boonthamurra claim group has adhered to the resolution agreed to at the Land Summit. The adjacent Kullilli claim was determined by consent in favour of the Kullilli People on 2 July 2014. 15 By proposed amendments to the application, the claim area is to be further refined to accommodate a more accurate description of the claim group and the claimed rights and interests that have been agreed between the parties. Those proposed amendments were authorised at meetings of the claim group held on 14 April 2015. 16 The Determination to be made pursuant to s 87A of the NT Act excludes an area that is to be the subject of a post determination Indigenous Land Use Agreement between the State and the applicant. It is intended that the agreement will resolve any remaining native title claims in respect of the excluded area. 17 The remaining respondents are the State, Bulloo Shire Council, Quilpie Shire Council and Ergon Energy Corporation Ltd, Telstra Corporation Ltd, various mining entities and various pastoralists. They are all represented by experienced legal professionals.

FINDINGS 18 There is no doubt that there were Aboriginal people in this Determination Area and the surrounding areas for a very long time before Sir Thomas Mitchell first recorded his impressions of this general area in 1846. 19 A map of Mitchell's 1846 expedition read with his diary suggests that he travelled through the previously uncharted claim area from the Warrego River to the east through to Cooper Creek on the northwest boundary of the claim area. In areas just to the east, Mitchell recorded the existence of an Aboriginal camp on an area cleared by burning off. Further to the west, Mitchell recorded another encampment near a waterhole and noted "a large net, used for taking emus" hung on a bush nearby. Still further west, possibly on the northern border of the claim area, there was evidence that people lived there as that term is ordinarily understood. There were well-beaten paths and large permanent huts. That the people there were part of a broader society and traded or interacted with other groupings from explored areas of the interior may be inferred from the fact that "[e]ven there, in the heart of the interior on a river utterly unheard of by white men, an iron tomahawk glittered on high in the hand of a chief having a very long handle to it." 20 The explorers Burke and Wills also passed through the country close to the claim area before meeting their deaths in 1861 at a place on Cooper Creek. From diaries of the expedition and the accounts of the search parties sent to find the members of that expedition, one of which led by Alfred Howitt found the survivor John King who had been cared for by local occupants, it is plain that Aboriginal people lived in the surrounds of the claim area. 21 Between 1861 and 1863, Vincent James Dowling, a squatter and Justice of the Peace who had established a cattle station at Bourke in the frontier-like western New South Wales, travelled north along the Paroo River and Bulloo River areas. His diaries showed that by 1863, other Europeans had established stations on creeks and waterholes between the Warrego and Cooper Rivers. He recorded the presence of Aboriginal people whom he used to obtain information about the country. 22 Settlement of areas which were most certainly within the present claim area occurred in the late 1860's with the first forays into the claim area by the Durack, Tully, Skehan and Costello families. Their story is made famous by the book "Kings in Grass Castles" by Mary Durack. In their first foray into the region in 1867, Michael Costello and the Duracks established a base on Mobel or Mobile Creek on the eastern boundary of the claim area. Upon seeing great flocks of birds heading north-east, Patsy Durack assumed that they were heading towards sources of permanent water and asked Aboriginal man Cobby of the Mardigan people, who had accompanied them as guide, if he knew about the country to the north east. Cobby's response, described by Mary Durack, shows that he knew the people there by the description "Buntamurra [Boonthamurra]" and that they were seemingly untouched by white incursion: This [request] put the old man on his mettle. He knew about this country - everything. As ambassador of the Murrugon tribe he had often visited those carpet snake Boontamurra people who camped on the big Kyabra waterholes where there was fish and game all year round. He could take him all right. He has a mother-in-law and few other "little bit" relatives over there but they were wild people. You had to look out for them, keep your hand on your gun. 23 After travelling overland from Goulburn in NSW in 1868, Michael Costello and some of his sons and employees took up land at Kyabra, on Kyabra Creek, and Patrick Durack occupied land further upstream at Thylungra. Both places had permanent waterholes, and both were in the middle of Boonthamurra country. 24 The party then encountered, according to their Mardigan guide, Cobby, a "big mob Boontamurra close up" around "Thilling-gurra" (Thylungra) waterhole. It was then that the party met Kangaroo, one of the apical ancestors of the claim group. Some of the Boonthamurra there became the work force for Durack's first station established shortly thereafter. Kangaroo's son, Tippo Ray, appears in a photograph taken in 1945 with M P Durack and the relationship between the Duracks and the Boonthamurra continued into the third generation as the children and grandchildren of Kangaroo and others remained an integral part of the station workforce. 25 The Tully family, related to the Duracks by marriage, took up the lease on Ray Station in 1874. Durack descendant, Fleur Lehane, recalls the Boonthamurra travelling through Ray Station on their way to Thylungra, a tribal meeting place. 26 Boonthamurra people worked on the stations within the claim area until at least the late 1960s. 27 While the Durack's and Costello's recollections and memoirs lend themselves to a version of history that records the initial encounters with the Boonthamurra as essentially friendly, there are other accounts that demonstrate resistance by the Boonthamurra of encroachments into their territory. Like most of the frontier encounters, the truth lies somewhere in between. There can be no doubt that like much of the history of the settlement of Aboriginal Australia it was characterised by frontier violence. 28 In the result, the Boonthamurra negotiated with some autonomy a transition from the phase of frontier violence to employment and residence in the relatively safe havens of the stations. Underpinning this transition was the "central factor that it remained Boonthamurra country and people did not want to leave their country." 29 The Boonthamurra's resistance to European incursions and a form of negotiated presence on the stations within their traditional country suggests that the Boonthamurra were an organised group of people. Their continued presence in their traditional country made it possible to maintain important aspects of the normative system as it had existed before then. The Boonthamurra and other neighbouring groups travelled across and near the claim area to attend ceremonies and gatherings. Tully descendant, Fleur Lehane, recalled that people could go on "walkabout" when they wanted. 30 Although the Aboriginals Protection and Restriction of the Sale of Opium Act 1897 (Qld) led to a round up of many Aboriginal people around Queensland, the local station owners did not want their work force removed, so the Boonthamurra could remain on country in relatively significant numbers. However, history shows that drought and the consequences of over-grazing hit far western Queensland, so by 1901 opportunities for the use of Aboriginal labour declined, and the viability of camps of station Aborigines and their relatives and dependants was affected by available rations. 31 There is nevertheless satisfactory evidence of continued Boonthamurra occupation. In 1902, Meston visited Ray and Tenham Stations in the claim area and recorded 11 people living there. On Ray Station were Kangaroo's wife and one of his sons. All were "full-blooded and look[ed] well fed". A sample of employment records relating to the claim area shows that apical ancestor Dick Ray was employed at Congie station in 1937 and Bellalie in 1938; Mickey Ray was at Congie from 1952 to 1956; Tiger Ray was at Ray station in 1936, 1937 and 1938 and that Tiger Ray was still at Ray station in 1951 and 1952; Tippo Ray was at Ray station in 1936, 1937 and 1938; Rosie Dick was at Ray Station in 1937 and 1938; Pontius Pilot was at Congie station in 1937, 1938 and in 1951 and 1952; Jimmy Jones was at Yambutta station in 1939; Rosie Braddle was at Bellalie in 1938; and Witchery was employed at Bellalie station in 1940. 32 Indeed, the records in relation to apical ancestor Dick Ray show that: (a) he was born in 1878 at Mt Margaret Station and died at Quilpie in 1948 and that he had a work history within the claim area; (b) he was working at Bellalie Station - within the claim area - from 24 March 1940 to 31 December 1949; (c) around 1926, he was employed at Ray Station by James Tully and went on "walkabout" for three months. In short, he was born in the claim area only a decade after the Duracks first encountered the Boonthamurra and is recorded as having worked within the claim area in his forties, fifties and sixties. 33 As to possible references to his partner Millie, there is a report from Harold Meston dated 1902 regarding the reserve at Whitula but which also mentions the names and ages of the Aboriginal people then on Ray Station including a "Millie" aged 13 years and "Mommy" aged 90 years. The reference to both Millie and Mommy as being present on Ray Station together supports an inference that Millie was also Boonthamurra. Millie was then said to be aged 13 which would make 1889 her year of birth. Dick Ray was therefore only 10 years older than Millie and therefore he was a potential partner of Millie. The woman "Mommy" is quite conceivably "Mormy" one of the wives of Kangaroo. Kangaroo was one of the men who greeted the Duracks in 1868. If he held elder status, he may well have been in his 60s when he encountered the Duracks which would place his year of birth close to 1800. Mommy was said to be 90 in 1902 which would place her year of birth around 1812. Again, Mormy and Kangaroo were within an age range as potential partners. It is not unlikely that groups of Boonthamurra people would have lived or congregated together. It would have been natural for Boonthamurra people to remain together where it was possible for them to have done so. 34 In addition, no Aboriginal group lays claim to native title through either Dick Ray or Kangaroo, or to the claim area. As to the views of other Aboriginal groups, it is pertinent to observe at this point that the location of certain points on the southern boundaries of Boonthamurra country are recognised by knowledgeable senior Aboriginal men. 35 The book, "Heartbreak Corner" by Fleur Lehane, contains photographs of Rosie Braddle, the grandmother of applicants Mark Wallace and Barbara Olsen, and Pontius Pilot who is William Pilot's father, during their time on Ray Station. 36 One of the applicant group, Mark Wallace, who is Kangaroo's descendant, lived with and was taught by his father and mother, among other things, the boundaries of his country, hunting methods, and food sharing practices and prohibitions based on totemic identities. 37 It follows that the circumstances were apt to permit the transmission of laws and customs relating to land tenure, among other things, of the pre-contact period to the current generation of the Boonthamurra. It is to that aspect of the evidence which these reasons now turn.

The pre-sovereignty society 38 Obviously, historical evidence relating to the "pre-sovereignty" society is limited. Having regard to the existence of Boonthamurra sovereignty at the point of first European contact, I infer that the pre-sovereignty occupants of the claim area were the Boonthamurra, and that inference is supported by accounts of first contact with the Aboriginal people in that area as being identified as "Boonthamurra" by name as either a language name or identity term. 39 The anthropological research and reports of Dr Skyring and Mr Southon, and the careful analysis by Professor Trigger, also support that conclusion. Mr Southon notes in his first report the first references to Boonthamurra as a grouping were by the Duracks at first contact in 1868, and on other occasions from 1886 to 1904 by ethnographers Curr, Howitt and Cameron respectively. 40 On that material, I am satisfied that there was a normative system of Boonthamurra traditional society which existed at sovereignty, and at first European contact, with the following elements: (a) a division of the society into two moieties, which were further divided into two sections in each moiety with moiety membership reckoned on the basis of matrilineal descent; (b) section membership also reckoned on the basis of matrilineal descent: a child belonged to the alternate section to that of its mother; (c) membership in local clans associated with specific tracts of country reckoned on the basis of patrilineal descent (sub-paragraphs (a)-(d) may be classed as normative rules of recruitment to the group); (d) personal totems, being a particular species of animal which that person was prohibited from eating, and which were inherited together with section membership, the totems of a given moiety being collectively referred to by the name of that moiety; (e) song-traditions or mura crisscrossed Boonthamurra country and unlike such traditions in groups to the wet, were open to both male and female members of the society; (f) obligations to country encapsulated in the expression "looking after country" tied up with a belief that the country is embued with the spirits of deceased ancestors and other normative beings, which also requires other ritualised behaviour such as ceremonial obligation and site avoidance; (g) normative prescriptions about trespass to country that is not one's own; (h) the dialect "Punthamara" that belongs to a language which the linguist Gavan Breen termed the "Wilson River language", and which included Punthamara, Yaramara or Yarumara, Wangkumara, Thiraila, Karendala, Kungardutyi and Mambangura (of which only two variants are still spoken today: Wangkumara and Punthamara); and 41 I am satisfied that that system gave rise to rights and interests of use and occupation of the claim area by the Boonthamurra. 42 The evidence then shows that the system of moieties and sections did not fully survive the removals of people from the claim area or the rapid decline in population occasioned by contact with European settlers. However, the rules for recruitment to the group remain such that a Boonthamurra identity remains open on the basis of patrilineal descent but with a matrilineal bias currently, as some senior members of the claim group maintain. The matrilineal bias may well have been due to the fact that many were raised during their formative years by their mothers whose moiety affiliations were familiar. However, the patrilineal route to membership was always known. Alex Wallace explained in an interview with Mr Southon: MS: Did he tell you which way you should go? Through him or your mum? AW: No, he never told us, we stuck by mum MS: Was there any particular reason for that? AW: Yeah, well, all the people was here, here on Boonthamurra country, that's why I stuck with her MS: But you could have gone Kallili way if you had wanted? AW: If I had wanted, and I still can if I want to, but I chose Boonthamurra, like all of us here (interview with Alec Wallace, 25 October 2010. 43 The Boonthamurra have maintained knowledge and understanding of the families who are related and families who do not qualify for Boonthamurra membership. The smaller land-holding groups within Boonthamurra society have coalesced into what is now the current claim group. Language has not been retained with any fluency although some of the claimants speak a few words and sentences. 44 At first contact, the Boonthamurra were identified by the Durack's guide, Cobby, as "those carpet snake Buntamurra people". The carpet snake remains venerated by the Boonthamurra people as a totemic species and as a food prohibition.

Continuity and connection 45 The evidence, both expert and lay, shows that the Boonthamurra engage in all of the activities that constitute their native title rights and interests and retain a number of significant practices to discharge their obligations to country. 46 There is a substantial body of evidence of contemporary behaviour and beliefs that demonstrates connection of the kind referred to in s 223(1)(b) of the NT Act and also the continued acknowledgment and observance of laws and customs handed down from Boonthamurra forebears, in turn supporting inferences that the transmission of those laws and customs has continued since before contact. This includes evidence of physical presence on some or all of the claim area and adjacent areas by numerous claimants and their ancestors. 47 In that regard, aside from the fact that Boonthamurra ancestors have resided in and worked on the claim area during the station era until the late 1960s, the members of the claim group continue to access and camp on the claim area as a necessary part of engaging in those activities, and favoured spots are those that were used by their parents and grandparents. Naturally, this includes Kyabra Creek where Kangaroo and the other Boonthamurra were first encountered by the Duracks and the Wilson River. Visitation of the claim area occurs on average three to four times a year unless people are involved in cultural heritage protection work in which case it occurs more frequently. 48 One of the purposes of visiting the claim area is to instruct younger people about: (a) "cultural connection" including things done today or in the lifetime of the claimants as they were at the time of contact, such as camping, fishing and not over-using a resource; (b) hunting and gathering of various food resources. The Boonthamurra have all been instructed in living off country and they continue to pass those skills to their children and grand-children. Resources include emu, kangaroo, crayfish (known as booglies), mussels, echidna, wild fruits and vegetables of various kinds and bush medicines. When hunting, if a goanna is killed, the skin must be discarded immediately. Water was used to cook and boil medicines among other things; (c) practices and beliefs taught by their elders consistent with practices observed by ancestors pre-sovereignty, including mourning practices; (d) ceremonial obligations: the Boonthamurra acknowledge country when entering it again after a period of absence; (e) fishing as an activity engaged in by all of the claim group which is one of their main sources of dietary supplementation, as it was for their ancestors. The main fishing areas used by the parents and grandparents are remembered and visited. Despite the conduct of what would be regarded by mainstream society as a recreational activity, fishing by the Boonthamurra in waterways and waterholes invariably requires the area to be smoked and that the fisher engage in communication with the ancestral spirits who inhabit the area; (f) smoking ceremonies of different varieties continue to be practised. In addition to the smoking of fishing sites, such ceremonies are performed to rid houses or places of bad spirits or spirits that annoy children at night, to cleanse new houses, or cleanse houses after funerals or to bring a deceased person's spirit home; and (g) spiritual connection - including beliefs of elemental spirits dwelling in country which are capable of influencing one's activities. 49 Nearly all interviewed claimants had strong beliefs in spirits of ancestors that reside in the claim area. They said that they address these spirits when they go on to Boonthamurra country to protect them while on country, to give them success in fishing, and to prevent the spirits from following them back home. 50 Spiritual beliefs also translate into practices of site avoidance. Mr Southon recorded that claimants mentioned sites of traditional significance in various parts of the claim area, including rock shelf sites with paintings on Trinidad station; a corroboree ground at Kyabra; a corroboree ground and camp site at Thylungera; a stone formation around a "mountain" at Plevna station that represents an ancestral snake ("that big snake"); rock art sites in the Cannaway Range; and men's and women's business sites at Yupundi, south of the Wilson River. However, claimant, Barbara Olsen, stressed that the whole claim area is of traditional significance to Boonthamurra people and warned of the danger of isolating certain places as being significant: "... so it's not just one little part down here that we know and we leave all the rest of it, that doesn't seem right". 51 Trespass to other's country is conscientiously avoided and trespass on Boonthamurra country is considered a wrongful act. Important sites, especially those that are tangible evidence of ancestors' presence, are carefully maintained. Mark Wallace's affidavit gives, as a good example, his acknowledgment that he is required to obtain permission from the neighbouring traditional owners when engaged in activities on neighbouring country that directly affect traditional rights. For example, for the time that he worked for the Quilpie Shire Council he would refuse to perform any kind of cultural heritage clearance on behalf of the Council if the areas or items of cultural significance were in his neighbour's countries. He gives the Mithaka people as an example and said that he sought the permission of Dot Gorringe, a recognised Mithaka elder. Evidence of reciprocal respect for prohibition on trespass is also provided by his evidence of his encounter with Mithaka elder John Gorringe, who informed Mark Wallace of important sites, which John had inadvertently come across on Boonthamurra country while he was working. Wangkumara man, Malcolm Ebsworth has similarly recognised the requirements for permission to be present on Boonthamurra country in like situations. Thus, there is evidence of a mutual recognition by neighbouring groups. Indeed, it would not be possible to uphold local territorial and socio-cultural identities without the mutual recognition afforded by neighbouring groups, which are ultimately part of a set of regional laws and customs and are commensurate (if not identical in every respect) with the claimants' own. Put differently, it is the regional society's laws and customs which legitimate the claimant group's title to Boonthamurra country. 52 Mark Wallace also deposed to the role that he played in protecting a site at Trinidad Station, which he learned about as a younger man and how younger Boonthamurra people are prohibited from going there alone: 53 In my view, there is ample evidence which demonstrates that knowledge of the boundaries of Boonthamurra country continue to be passed on. The affidavits of Mark Wallace and Barbara Olsen contain the indicia of a process of teaching that involves the accumulation of layers of knowledge over time as each of them matured. They were taught constantly, and in stages, learning more detailed information about people, places, sites and their obligations over time. 54 The evidence referred to continued use and occupation of areas in the vicinity of the claim area, and a significant number of biological links with previous generations and other evidence of continued connection between Boonthamurra people and their country shows the existence, acknowledgement and observance of a body of laws and customs over many generations extending beyond first contact, and by inference prior to sovereignty.

The native title holders 55 Mr Southon sets out the list of apicals in the claim group description as provided in the initial Form 1, filed 2 November 2006. He draws attention to the claim group description including intergenerational descendants of a common apical. Additional members of the claim group description have no descendants. The "Table 1 Claim Group Description" in the submissions sets out the intergenerational connection of the apicals Dick Ray and Kangaroo with persons named in the initial claim group description and those people with no descendants. 56 Mr Southon also drew attention to those members of the initial claim group description, who were not supported by evidence as being Boonthamurra People. Accordingly the apicals "Topsy" and her daughter "Beemore Barney" have also been removed from the claim group description. 57 Mr Southon (table 14 of May 2010 report) - raises possible additional lines of descent of Boonthamurra ancestry on three named persons who have been referred to in historical papers or 1970 linguists reports. Research by Mr Southon does not include any further information other than limited historical reference and no reference to descendants was located. 58 On that basis, the intergenerational family members have been removed from the claim group description as have those named persons who either had no descendants or alternatively, were not supported by evidence as being Boonthamurra people. Accordingly the claim group description, as authorised on the 14 April 2015, should be "The Boonthamurra People are the descendants of Dick Ray or Kangaroo, who identify and are accepted as Boonthamurra People according to Boonthamurra traditional law and custom". 59 Although there are many people who regard themselves and are regarded by others as Boonthamurra people, it is only those with "bloodline" connection who are said to have rights to speak for and to make decisions about country. In order to have rights to country one must be a biological descendant of a person who is "from" the area, and also be identified with the area and the group. 60 There has been much debate about whether some people, who are regarded as Boonthamurra people, have that status as a result of their recruitment into neighbouring groups and their publicly declared identification as members of those groups. This often occurs as genealogical information, not previously available in traditional and early post-contact times, combines with cognatic recruitment models and results in individuals being able to reckon biological descent from an increasing number of ancestors. Thus, some descendants of Kangaroo and Dick Ray may continue to identify as Boonthamurra through a parent while others may choose to identify and be raised in the norms of a non-Boonthamurra parent who has married a descendant of either of those ancestors. After several (or many) generations, those persons and their descendants may become incorporated into other groups although they may nonetheless be able to trace back those many generations to establish descent from Kangaroo and Dick Ray (among many other ancestors by then). Accordingly, the Determination records that the Boonthamurra people are the "biological descendants of Dick Ray or Kangaroo who identify and are accepted as Boonthamurra people according to Boonthamurra traditional law and custom". 61 That reflects a continued theme of evidence from Boonthamurra people that details the claimants being told as children that they "will follow my mother's people". Other claimants describe being "raised as a Boonthamurra person or" being "told I was a Boonthamurra". The adopting and retention of the Boonthamurra identity occurs at birth and continues through the claimants lives. The identification of a person as a Boonthamurra person is accepted and acknowledged by both Boonthamurra people and by neighbouring group's members. 62 All of the apical ancestors named in the proposed determinations were and are regarded as having been Boonthamurra people through "bloodline" although, over time some of their descendants have, through marriage into other groups of their more immediate ancestors, been recruited into those other groups.

CONCLUSION 63 For those reasons, I am satisfied of the following: (a) Pre-sovereignty: (i) There was a relevant society. That is, there was "a body of persons united in and by its acknowledgment and observance of a body of laws and customs" pursuant to which rights and interests were held in the claim area (both before and after contact, those people were known as Boonthamurra people); (ii) the Boonthamurra were comprised of land holding units which have coalesced into the current claim group; (iii) under that normative system, the laws and customs regarding land tenure allocated or distributed rights in relation to the proposed determination area are primarily in favour of the members of the Boonthamurra aggregate, which had particular associations with that area to the exclusion of other Aboriginal groups; and (iv) principles of recruitment to the Boonthamurra were only "loosely patrifiliative". However the underlying principle was filiation and descent, more commonly nowadays referred to as cognatic descent. (b) Current society: (i) there is currently a body of people, now known as the Boonthamurra people, who constitute a "society" in the sense that they are "a body of persons united in and by its acknowledgment and observance of a body of laws and customs". (ii) a number of those laws and customs relate to and define customary rights and interests in land; and (iii) there has not been anything like the emphasis on patrilineal descent as a membership and land-owning principle as there was at the time of, and shortly after, contact. The present system is cognatic. (c) Continuity: (i) there is sufficient evidence to conclude that the current society is effectively the "same society" as the pre-sovereignty society; (ii) rights and interests are held by the Boonthamurra pursuant to their traditional laws and customs; (iii) the requirements of s 223(1)(a) of the Act are met; (iv) connection - by their traditional laws and customs the Boonthamurra people have a connection with the claim area of the kind referred to in s 223(1)(b) of the Act. 64 There will be a determination of the existence of native title in the Boonthamurra People, in accordance with the detailed Determination made with these reasons. I certify that the preceding sixty-four (64) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Mansfield.