FEDERAL COURT OF AUSTRALIA Wyman on behalf of the Bidjara People v State of Queensland (No 4) [2014] FCA 93 Citation: Wyman on behalf of the Bidjara People v State of Queensland (No 4) [2014] FCA 93 Parties: KEVIN ALBURY AND OTHERS ON BEHALF OF THE KARINGBAL PEOPLE #2, BRENDAN WYMAN AND OTHERS ON BEHALF OF THE BIDJARA PEOPLE, CHARLES STAPLETON AND OTHERS ON BEHALF OF THE BROWN RIVER PEOPLE, CHARLES STAPLETON AND OTHERS ON BEHALF OF THE BROWN RIVER PEOPLE #2 and KEVIN ALBURY AND OTHERS ON BEHALF OF THE KARINGBAL PEOPLE #3 v STATE OF QUEENSLAND AND OTHERS File number(s): QUD 23 of 2006 QUD 216 of 2008 QUD 245 of 2011 QUD 301 of 2012 QUD 310 of 2012 Judge: JAGOT J Date of judgment: 21 February 2014 Catchwords: NATIVE TITLE – determination Legislation: Native Title Act 1993 (Cth) Cases cited: Wyman on behalf of the Bidjara People v State of Queensland (No 2) [2013] FCA 1229 Wyman on behalf of the Bidjara People v State of Queensland (No 3) [2014] FCA 8 Date of hearing: Determined on the papers Place: Sydney Division: GENERAL DIVISION Category: Catchwords Number of paragraphs: 4 Counsel for the Bidjara Applicants: Raymond Robinson appeared for the Bidjara People Counsel for the Karingbal Applicants: Darren McLeod appeared for the Karingbal People Counsel for the Brown River People Applicants: J Waters with T Jowett Solicitor for the Brown River People Applicants: Robert Powrie Counsel for the Respondent: H Bowskill QC with A Preston Solicitor for the Respondent: Crown Law IN THE FEDERAL COURT OF AUSTRALIA QUEENSLAND DISTRICT REGISTRY GENERAL DIVISION QUD 23 of 2006 BETWEEN: KEVIN ALBURY AND OTHERS ON BEHALF OF THE KARINGBAL PEOPLE #2 Applicant AND: STATE OF QUEENSLAND AND OTHERS Respondent JUDGE: JAGOT J DATE OF ORDER: 21 February 2014 WHERE MADE: SYDNEY THE COURT ORDERS THAT: 1. Pursuant to section 225 of the Native Title Act 1993 (Cth), native title does not exist in relation to any part of the land or waters the subject of this proceeding, as described in the attached schedule. 2. There be no order as to costs. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011. Schedule 1 - Determination Area A. The Determination Area comprises all of the land and waters described in Part 1 below, to the extent that they are within the external boundary description as described in Part 2 below. Part 1 - Areas where native title does not exist Area No. Area Description 1. Lot 5021 on Plan PH360 - Rewan 2. Lot 5028 on Plan PH252 - Rewan 3. Lot 1 on Plan SP105325 - Consuelo 4. Lot 1 on Plan SP187949 - Albinia 5. Lot 1 on Plan SP164061 - Albinia 6. Lot 4 on Plan CUE100 - Consuelo 7. Lot 5 on Plan CUE99 - Consuelo 8. That part of Lot 6 on Plan WT800342 that is within the external boundary - Upper Dawson 9. Lot 7 on Plan SP106035 - Consuelo 10. Lot 11 on Plan CUE98 - Rewan 11. That part of Lot 13 on Plan DSN725 that is within the external boundary - Orion 12. Lot 14 on Plan CUE92 - Arcadia Valley 13. Lot 15 on Plan CUE93 - Arcadia Valley 14. That part of Lot 17 on Plan SP228375 that is within the external boundary - Glenhaughton 15 Lot 19 on Plan DSN956 - Wealwandangie 16. Lot 60 on Plan SP106044 - Consuelo 17. Lot 754 on Plan PH1775 - Consuelo 18. That part of Lot 3123 on Plan PH617 that is within the external boundary - Upper Dawson 19. Lot 3307 on Plan PH793 - Consuelo 20. Lot 3995 on Plan PH100 - Wealwandangie 21. Lot 4157 on Plan PH1509 - Rewan 22. Lot 5029 on Plan PH220 - Rewan 23. Lot 5055 on Plan PH977 - Albinia 24. Lot 1 on Plan CUE22 - Consuelo 25. Lot 3 on Plan CUE88 - Consuelo 26. Lot 4 on Plan CUE27 - Consuelo 27. Lot 4 on Plan TR54 - Rewan 28. Lot 7 on Plan CUE30 - Consuelo 29. Lot 7 on Plan TR29 - Rewan 30. Lot 7 on Plan TR32 - Arcadia Valley 31. That part of Lots 567 and 158 on Plan NPW881 that is within the external boundary - Albinia. 32. Lot 8 on Plan TR31 - Arcadia Valley 33. That part of Lot 9 on Plan TR21 that is within the external boundary - Arcadia Valley 34. Lot 9 on Plan WT321 - Carnarvon Park 35. Lot 10 on Plan TR8 - Arcadia Valley 36. Lot 11 on Plan CP864585 - Arcadia Valley 37. That part of Lot 71 on Plan SP151675 that is within the external boundary - Rolleston 38. That part of Lot 89 on Plan FTY1273 that is within the external boundary - Upper Dawson 39. Lot 1 on Plan SP147544 - Rewan 40. Lot 1 on Plan SP158690 - Albinia 41. Lot 1 on Plan WT206 - Carnarvon Park 42. Lot 3 on Plan SP125158 - Rewan 43. Lot 7 on Plan SP104423 - Albinia 44. Lot 11 on Plan FTY1709 - Rewan 45. Lot 11 on Plan TR10 - Arcadia Valley 46. Lot 12 on Plan CP864585 - Arcadia Valley 47. That part of Lot 14 on Plan DSN42 that is within the external boundary - Orion 48. Lot 15 on Plan FTY1668 - Rewan 49. Lot 15 on Plan WT102 - Beilba 50. That part of Lot 27 on Plan NPW826 that is within the external boundary - Beilba 51. Lot 56 on Plan NPW476 - Rewan 52. Lot 59 on Plan DSN415 - Albinia 53. Lot 160 on Plan FTY909 - Albinia 54. Lot 211 on Plan FTY1812 - Consuelo 55. That part of Lot 236 on Plan NPW490 that is within the external boundary - Mount Moffatt 56. Lot 2 on Plan SP158690 - Albinia 57. Lot 9 on Plan RP620058 - Albinia 58. Lot 7 on Plan AP15625 - Carnarvon Park 59. Lot 14 on Plan DN40131 - Rolleston 60. Lot 11 on Plan DSN116 - Wealwandangie 61. Lot 12 on Plan DSN116 - Cairdbeign 62. Lot 13 on Plan CUE94 - Arcadia Valley 63. Lot 13 on Plan DSN116 - Cairdbeign 64. Lot 14 on Plan DSN116 - Cairdbeign 65. That part of Lot 15 on Plan DSN145 that is within the external boundary - Cairdbeign 66. That part of Lot 16 on Plan DSN145 that is within the external boundary - Cairdbeign 67. That part of Lot 17 on Plan DSN145 that is within the external boundary - Cairdbeign 68. Lot 18 on Plan DSN210 - Albinia 69. Lot 1 on Plan DSN175 - Wealwandangie 70. Lot 1 on Plan TR50 - Arcadia Valley 71. Lot 1 on Plan TR63 - Rewan 72. Lot 2 on Plan CP860384 - Rewan 73. That part of Lot 2 on Plan CUE92 that is within the external boundary - Arcadia Valley 74. Lot 2 on Plan DSN175 - Wealwandangie 75. Lot 2 on Plan DSN590 - Albinia 76. Lot 2 on Plan SP164061 - Albinia 77. Lot 2 on Plan TR45 - Arcadia Valley 78. Lot 3 on Plan CUE76 - Rewan 79. Lot 3 on Plan DSN175 - Wealwandangie 80. Lot 3 on Plan DSN590 - Albinia 81. Lot 4 on Plan CUE59 - Albinia 82. Lot 4 on Plan CUE89 - Rewan 83. That part of Lot 4 on Plan DSN116 that is within the external boundary - Wealwandangie 84. Lot 5 on Plan TR62 - Rewan 85. That part of Lot 5 on Plan WT383 that is within the external boundary - Upper Dawson 86. Lot 6 on Plan CUE54 - Consuelo 87. Lot 6 on Plan CUE86 - Consuelo 88. Lot 6 on Plan CUE96 - Consuelo 89. Lot 6 on Plan DSN116 - Wealwandangie 90. Lot 6 on Plan DSN175 - Wealwandangie 91. That part of Lot 7 on Plan CUE49 that is within the external boundary - Consuelo 92. Lot 7 on Plan DSN592 - Albinia 93. That part of Lot 8 on Plan DSN42 that is within the external boundary - Orion 94. Lot 9 on Plan CUE53 - Consuelo 95. Lot 9 on Plan CUE90 - Rewan 96. Lot 9 on Plan DSN116 - Wealwandangie 97. That part of Lot 9 on Plan TR17 that is within the external boundary - Arcadia Valley 98. That part of Lot 54 on Plan DSN316 that is within the external boundary - Orion 99. That part of Lot 5 on Plan TR18 that is within the external boundary - Arcadia Valley 100. That part of Lot 6 on Plan TR20 that is within the external boundary - Arcadia Valley 101. That part of Lot 1 on Plan CUE5 that is within the external boundary - Consuelo 102. That part of Lots 1 and 2 on Plan SP187945 that is within the external boundary - Albinia 103. Lot 1 on Plan DSN887 - Albinia 104. Lot 1 on Plan RP612604 - Rolleston 105. Lot 1 on Plan RP618664 - Orion 106. That part of Lots 1 and 2 on Plan SP187944 that is within the external boundary - Albinia 107. Lot 1 on Plan SP151675 - Rolleston 108. Lot 1 on Plan SP164068 - Albinia 109. Lot 1 on Plan SP174071 - Albinia 110. Lot 1 on Plan TR25 - Rewan 111. Lot 1 on Plan TR8 - Arcadia Valley 112. Lots 1 and 2 on Plan SP206071 - Consuelo 113. Lot 2 on Plan CUE79 - Rewan 114. Lot 2 on Plan RP612604 - Rolleston 115. Lot 2 on Plan RP616045 - Albinia 116. Lot 2 on Plan RP618664 - Albinia 117. Lot 2 on Plan SP125158 - Rewan 118. Lot 2 on Plan SP174071 - Albinia 119. Lot 2 on Plan TR13 - Arcadia Valley 120. Lots 1 and 2 on Plan SP200046 - Arcadia Valley 121. Lot 2 on Plan TR30 - Arcadia Valley 122. Lot 3 on Plan CUE112 - Rewan 123. Lot 3 on Plan CUE74 - Rewan 124. Lot 3 on Plan SP100437 - Consuelo 125. That part of Lot 3 on Plan SP109939 that is within the external boundary - Coorumbene 126. That part of Lot 3 on Plan SP116480 that is within the external boundary - Albinia 127. Lot 3 on Plan SP170740 - Albinia 128. Lot 3 on Plan TR12 - Arcadia Valley 129. That part of Lot 3 on Plan TR21 that is within the external boundary - Arcadia Valley 130. Lot 3 on Plan TR31 - Arcadia Valley 131. Lot 3 on Plan TR35 - Arcadia Valley 132. Lot 4 on Plan CUE75 - Rewan 133. Lot 4 on Plan RP617701 - Albinia 134. Lot 4 on Plan SP170740 - Albinia 135. That part of Lot 4 on Plan TR16 that is within the external boundary - Beilba 136. Lot 4 on Plan TR26 - Arcadia Valley 137. Lot 4 on Plan TR32 - Arcadia Valley 138. Lot 4 on Plan TR7 - Arcadia Valley 139. That part of Lot 4 on Plan WT323 that is within the external boundary - Upper Dawson 140. Lot 5 on Plan CUE31 - Consuelo 141. That part of Lots 5 and 8 on Plan SP210545 that is within the external boundary - Coorumbene 142. That part of Lot 5 on Plan CUE50 that is within the external boundary - Arcadia Valley 143. Lot 5 on Plan DSN956 - Wealwandangie 144. Lot 5 on Plan RP617702 - Albinia 145. Lot 5 on Plan TR10 - Arcadia Valley 146. Lot 5 on Plan TR27 - Arcadia Valley 147. Lot 5 on Plan TR33 - Arcadia Valley 148. That part of Lot 6 on Plan CUE36 that is within the external boundary - Arcadia Valley 149. That part of Lot 6 on Plan TR11 that is within the external boundary - Arcadia Valley 150. Lot 6 on Plan TR28 - Arcadia Valley 151. Lot 6 on Plan TR34 - Arcadia Valley 152. Lot 7 on Plan DSN116 - Wealwandangie 153. Lot 7 on Plan RP617701 - Albinia 154. That part of Lot 7 on Plan SP187946 - Albinia 155. That part of Lot 7 on Plan TR22 that is within the external boundary - Arcadia Valley 156. That part of Lot 7 on Plan TR39 that is within the external boundary - Arcadia Valley 157. That part of Lot 8 on Plan CUE38 that is within the external boundary - Arcadia Valley 158. That part of Lot 8 on Plan SP210545 that is within the external boundary - Coorumbene 159. Lot 8 on Plan DSN116 - Wealwandangie 160. Lot 8 on Plan RP617702 - Albinia 161. Lot 8 on Plan SP100437 - Consuelo 162. That part of Lot 8 on Plan TR15 that is within the external boundary - Arcadia Valley 163. That part of Lot 9 on plan CUE39 that is within the external boundary - Arcadia Valley 164. That part of Lots 8 and 9 on Plan SP210545 that is within the external boundary - Coorumbene 165. Lot 9 on Plan RP617702 - Albinia 166. Lot 10 on Plan CUE87 - Rewan 167. Lot 10 on Plan DSN116 - Wealwandangie 168. Lot 10 on Plan RP617702 - Albinia 169. That part of Lot 11 on Plan DN40132 that is within the external boundary - Albinia 170. Lot 11 on Plan RP617702 - Albinia 171. Lot 12 on Plan RP616044 - Albinia 172. That part of Lot 12 on Plan SP101671 that is within the external boundary - Albinia 173. That part of Lot 13 on Plan DN40131 that is within the external boundary - Rolleston 174. Lot 13 on Plan RP616044 - Albinia 175. Lot 14 on Plan TR39 - Arcadia Valley 176. That part of Lot 15 on Plan DSN500 that is within the external boundary - Orion 177. Lot 15 on Plan TR44 - Arcadia Valley 178. That part of Lot 16 on Plan DN40142 that is within the external boundary - Albinia 179. That part of Lot 16 on Plan SP138519 that is within the external boundary - Orion 180. Lot 17 on Plan SP188169 - Orion 181. Lot 18 on Plan SP188169 - Orion 182. Lot 19 on Plan DSN860 - Orion 183. Lot 22 on Plan DSN92 - Rolleston 184. Lot 23 on Plan DSN92 - Rolleston 185. Lot 24 on Plan DSN92 - Rolleston 186. That part of Lot 26 on Plan DSN132 that is within the external boundary - Rolleston 187. Lot 36 on Plan DSN157 - Rolleston 188. Lot 39 on Plan DSN65 - Rolleston 189. Lot 42 on Plan DSN65 - Rolleston 190. Lot 45 on Plan DSN128 - Rolleston 191. Lot 47 on Plan DSN99 - Rolleston 192. Lot 48 on Plan DSN82 - Rolleston 193. Lot 49 on Plan DSN82 - Rolleston 194. Lot 50 on Plan DSN82 - Rolleston 195. That part of Lot 51 on Plan DSN520 that is within the external boundary - Orion 196. That part of Lot 55 on Plan DSN318 that is within the external boundary - Albinia 197. That part of Lot 56 on Plan DSN808 that is within the external boundary - Albinia 198. All waters forming part of a lot on plan, all waterways, natural lakes, creeks and rivers within the external boundary including, but not limited to: Aldabaran Creek, Brown River, Canopus Creek, Carnarvon Creek, Comet River, Consuelo Creek, Lake Nuga Nuga, Meteor Creek, Panorama Creek, Peawaddy Creek and Stony Creek. Part 2 - External boundary Commencing at the intersection of the southern boundary of the Dawson Highway road reserve and a south western bank of the Comet River at Rolleston and extending generally south easterly along banks of that river and banks of Clematis Creek to the intersection of that creek and the south western boundary of Lot 1 on CUE95 (Deep Creek Holding); then generally south easterly along that lot boundary to Longitude 148.860896° East; then generally southerly through the following coordinate points: Longitude Latitude (East) (South) 148.861020 24.931195 148.861457 24.959533 148.861833 24.983918 148.857183 25.016264 148.857690 25.049218 148.852964 25.076953 148.852653 25.104643 148.853080 25.132325 148.853363 25.150780 148.858072 25.158463 148.866209 25.171742 148.869708 25.207305 148.870035 25.228397 148.862562 25.269350 148.861043 25.314196 148.861594 25.349792 148.862093 25.382093 148.857352 25.413289 148.835952 25.447101 148.825396 25.455471 148.800085 25.475540 Then south westerly to along a line to Longitude 148.799268° East, Latitude 25.476188° South to its intersection with the northern bank of the Dawson River; then generally westerly and generally northerly along banks of that river to its headwaters at Longitude 148.522580° East, Latitude 25.248430° South; then north westerly to the ridgeline of the Carnarvon Range at Longitude 148.516363° East, Latitude 25.243812° South, being a point on QUD245/11 Brown River People (QC2011/004); then generally westerly and generally north westerly along that ridgeline to a point on QUD245/11 Brown River People (QC2011/004) at Latitude 25.164871° South, being a corner of Lot 236 on NPW490 (Carnarvon National Park); then generally north westerly along boundaries of that lot to Latitude 25.127659° South; being a point on the ridgeline of Carnarvon Range; then extending north westerly along boundaries of that lot and that ridgeline to the northernmost point of Lot 3453 on PH1102 (Saddler Pastoral Holding); then generally north westerly again along the ridgeline of the Carnarvon Range to Latitude 24.927077° South, then northerly to Longitude 148.063117° East, Latitude 24.924536° South, again to a point on QUD245/11 Brown River People (QC2011/004); then north westerly to the ridgeline of the Carnarvon Range at Latitude 24.923184° South, and generally north westerly along that ridgeline to a corner on a southern boundary of Lot A on DSN939 (Special Lease 48788) at Longitude 147.951526° East; then generally north westerly, generally north easterly and again north westerly along boundaries of that lot, north western boundaries of Lot 754 on PH1775 (Deepdale Pastoral Holding), eastern boundaries of Lot 9 on DSN969 and western boundaries of Lot 3 on DSN175 to its westernmost northern corner; then generally northerly to and along western boundaries of Lots 10, 8 and 7 on DSN116, Lot 5 on DSN956 and Lot 4 on DSN116 to the north western corner of that lot; then north easterly to the headwaters of a tributary of Orion Creek at Longitude 148.148900° East, Latitude 24.287240° South; then generally easterly and generally north easterly along eastern banks of that tributary and eastern banks of Orion Creek to a southern boundary of native title determination application QUD644/2012 - Bidjara #7 (QC2012/018) at Longitude 148.337920° East; then generally south easterly passing through the following coordinate points: Longitude (East) Latitude (South) 148.350965 24.266056 148.384863 24.291518 148.423925 24.319570 148.474045 24.353457 148.512468 24.385442 148.544269 24.412861 148.574546 24.434354 148.615167 24.462341 Then westerly to the western bank of the Comet River at Latitude 24.462483° South; then generally south easterly along banks of that river back to the commencement point. Excluding all land and waters subject to: • Native title determination application QUD301/2012 Brown River People #2 (QC2012/005); and • Native title determination application QUD310/2012 Karingbal People #3 (QC2012/006). Data Reference and source • Native title determination application QUD245/2011 Brown River People (QC2011/004) as filed in the Federal Court 29th August 2011. • Native title determination application QUD644/2012 Bidjara People #7 (QC2012/018) as accepted for registration 24th January 2013. • Native title determination application QUD301/2012 Brown River People #2 (QC2012/005) as filed in the Federal Court 13th July 2012. • Native title determination application QUD310/2012 Karingbal People #3 (QC2012/006) as filed in the Federal Court 27th June 2012. • Cadastral data sourced from Dept. of Natural Resources & Mines, Qld (January 2014). • Rivers and creeks based, where possible, on cadastre data sourced from Dept of Natural Resources & Mines, Qld (January 2014). Elsewhere, rivers and creeks based on 1:250,000 topographic vector data © Commonwealth of Australia (Geoscience Australia) 2003. • Carnarvon Range ridgeline referenced to the Queensland Basin Sub Areas 1:100,000, Department of Natural Resources and Mines, 2011. Reference datum Geographical coordinates have been provided 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. IN THE FEDERAL COURT OF AUSTRALIA QUEENSLAND DISTRICT REGISTRY GENERAL DIVISION QUD 216 of 2008 BETWEEN: BRENDAN WYMAN AND OTHERS ON BEHALF OF THE BIDJARA PEOPLE Applicant AND: STATE OF QUEENSLAND AND OTHERS Respondent JUDGE: JAGOT J DATE OF ORDER: 21 February 2014 WHERE MADE: SYDNEY THE COURT ORDERS THAT: 1. Pursuant to section 225 of the Native Title Act 1993 (Cth), native title does not exist in relation to any part of the land or waters the subject of this proceeding, as described in the attached schedule. 2. There be no order as to costs. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011. Schedule 1 - Determination Area A. The Determination Area comprises all of the land and waters described in Part 1 below, to the extent that they are within the external boundary description as described in Part 2 below. Part 1 - Areas where native title does not exist Area No. Area Description 1. Lot 5021 on Plan PH360 - Rewan 2. Lot 5028 on Plan PH252 - Rewan 3. Lot 1 on Plan SP105325 - Consuelo 4. Lot 1 on Plan SP187949 - Albinia 5. Lot 1 on Plan SP164061 - Albinia 6. Lot 4 on Plan CUE100 - Consuelo 7. Lot 5 on Plan CUE99 - Consuelo 8. That part of Lot 6 on Plan WT800342 that is within the external boundary - Upper Dawson 9. Lot 7 on Plan SP106035 - Consuelo 10. Lot 11 on Plan CUE98 - Rewan 11. That part of Lot 13 on Plan DSN725 that is within the external boundary - Orion 12. Lot 14 on Plan CUE92 - Arcadia Valley 13. Lot 15 on Plan CUE93 - Arcadia Valley 14. That part of Lot 17 on Plan SP228375 that is within the external boundary - Glenhaughton 15 Lot 19 on Plan DSN956 - Wealwandangie 16. Lot 60 on Plan SP106044 - Consuelo 17. Lot 754 on Plan PH1775 - Consuelo 18. That part of Lot 3123 on Plan PH617 that is within the external boundary - Upper Dawson 19. Lot 3307 on Plan PH793 - Consuelo 20. Lot 3995 on Plan PH100 - Wealwandangie 21. Lot 4157 on Plan PH1509 - Rewan 22. Lot 5029 on Plan PH220 - Rewan 23. Lot 5055 on Plan PH977 - Albinia 24. Lot 1 on Plan CUE22 - Consuelo 25. Lot 3 on Plan CUE88 - Consuelo 26. Lot 4 on Plan CUE27 - Consuelo 27. Lot 4 on Plan TR54 - Rewan 28. Lot 7 on Plan CUE30 - Consuelo 29. Lot 7 on Plan TR29 - Rewan 30. Lot 7 on Plan TR32 - Arcadia Valley 31. That part of Lots 567 and 158 on Plan NPW881 that is within the external boundary - Albinia 32. Lot 8 on Plan TR31 - Arcadia Valley 33. That part of Lot 9 on Plan TR21 that is within the external boundary - Arcadia Valley 34. Lot 9 on Plan WT321 - Carnarvon Park 35. Lot 10 on Plan TR8 - Arcadia Valley 36. Lot 11 on Plan CP864585 - Arcadia Valley 37. That part of Lot 71 on Plan SP151675 that is within the external boundary - Rolleston 38. That part of Lot 89 on Plan FTY1273 that is within the external boundary - Upper Dawson 39. Lot 1 on Plan SP147544 - Rewan 40. Lot 1 on Plan SP158690 - Albinia 41. Lot 1 on Plan WT206 - Carnarvon Park 42. Lot 3 on Plan SP125158 - Rewan 43. Lot 7 on Plan SP104423 - Albinia 44. Lot 11 on Plan FTY1709 - Rewan 45. Lot 11 on Plan TR10 - Arcadia Valley 46. Lot 12 on Plan CP864585 - Arcadia Valley 47. That part of Lot 14 on Plan DSN42 that is within the external boundary - Orion 48. Lot 15 on Plan FTY1668 - Rewan 49. Lot 15 on Plan WT102 - Beilba 50. That part of Lot 27 on Plan NPW826 that is within the external boundary - Beilba 51. Lot 56 on Plan NPW476 - Rewan 52. Lot 59 on Plan DSN415 - Albinia 53. Lot 160 on Plan FTY909 - Albinia 54. Lot 211 on Plan FTY1812 - Consuelo 55. That part of Lot 236 on Plan NPW490 that is within the external boundary - Mount Moffatt 56. Lot 2 on Plan SP158690 - Albinia 57. Lot 9 on Plan RP620058 - Albinia 58. Lot 7 on Plan AP15625 - Carnarvon Park 59. Lot 14 on Plan DN40131 - Rolleston 60. Lot 11 on Plan DSN116 - Wealwandangie 61. Lot 12 on Plan DSN116 - Cairdbeign 62. Lot 13 on Plan CUE94 - Arcadia Valley 63. Lot 13 on Plan DSN116 - Cairdbeign 64. Lot 14 on Plan DSN116 - Cairdbeign 65. That part of Lot 15 on Plan DSN145 that is within the external boundary - Cairdbeign 66. That part of Lot 16 on Plan DSN145 that is within the external boundary - Cairdbeign 67. That part of Lot 17 on Plan DSN145 that is within the external boundary - Cairdbeign 68. Lot 18 on Plan DSN210 - Albinia 69. Lot 1 on Plan DSN175 - Wealwandangie 70. Lot 1 on Plan TR50 - Arcadia Valley 71. Lot 1 on Plan TR63 - Rewan 72. Lot 2 on Plan CP860384 - Rewan 73. That part of Lot 2 on Plan CUE92 that is within the external boundary - Arcadia Valley 74. Lot 2 on Plan DSN175 - Wealwandangie 75. Lot 2 on Plan DSN590 - Albinia 76. Lot 2 on Plan SP164061- Albinia 77. Lot 2 on Plan TR45 - Arcadia Valley 78. Lot 3 on Plan CUE76 - Rewan 79. Lot 3 on Plan DSN175 - Wealwandangie 80. Lot 3 on Plan DSN590 - Albinia 81. Lot 4 on Plan CUE59 - Albinia 82. Lot 4 on Plan CUE89 - Rewan 83. That part of Lot 4 on Plan DSN116 that is within the external boundary - Wealwandangie 84. Lot 5 on Plan TR62 - Rewan 85. That part of Lot 5 on Plan WT383 that is within the external boundary - Upper Dawson 86. Lot 6 on Plan CUE54 - Consuelo 87. Lot 6 on Plan CUE86 - Consuelo 88. Lot 6 on Plan CUE96 - Consuelo 89. Lot 6 on Plan DSN116 - Wealwandangie 90. Lot 6 on Plan DSN175 - Wealwandangie 91. That part of Lot 7 on Plan CUE49 that is within the external boundary - Consuelo 92. Lot 7 on Plan DSN592 - Albinia 93. That part of Lot 8 on Plan DSN42 that is within the external boundary - Orion 94. Lot 9 on Plan CUE53 - Consuelo 95. Lot 9 on Plan CUE90 - Rewan 96. Lot 9 on Plan DSN116 - Wealwandangie 97. That part of Lot 9 on Plan TR17 that is within the external boundary - Arcadia Valley 98. That part of Lot 54 on Plan DSN316 that is within the external boundary - Orion 99. That part of Lot 5 on Plan TR18 that is within the external boundary - Arcadia Valley 100. That part of Lot 6 on Plan TR20 that is within the external boundary - Arcadia Valley 101. That part of Lot 1 on Plan CUE5 that is within the external boundary - Consuelo 102. That part of Lots 1 and 2 on Plan SP187945 that is within the external boundary - Albinia 103. Lot 1 on Plan DSN887 - Albinia 104. Lot 1 on Plan RP612604 - Rolleston 105. Lot 1 on Plan RP618664 - Orion 106. That part of Lots 1 and 2 on Plan SP187944 that is within the external boundary - Albinia 107. Lot 1 on Plan SP151675 - Rolleston 108. Lot 1 on Plan SP164068 - Albinia 109. Lot 1 on Plan SP174071 - Albinia 110. Lot 1 on Plan TR25 - Rewan 111. Lot 1 on Plan TR8 - Arcadia Valley 112. Lots 1 and 2 on Plan SP206071 - Consuelo 113. Lot 2 on Plan CUE79 - Rewan 114. Lot 2 on Plan RP612604 - Rolleston 115. Lot 2 on Plan RP616045 - Albinia 116. Lot 2 on Plan RP618664 - Albinia 117. Lot 2 on Plan SP125158 - Rewan 118. Lot 2 on Plan SP174071 - Albinia 119. Lot 2 on Plan TR13 - Arcadia Valley 120. Lots 1 and 2 on Plan SP200046 - Arcadia Valley 121. Lot 2 on Plan TR30 - Arcadia Valley 122. Lot 3 on Plan CUE112 - Rewan 123. Lot 3 on Plan CUE74 - Rewan 124. Lot 3 on Plan SP100437 - Consuelo 125. That part of Lot 3 on Plan SP109939 that is within the external boundary - Coorumbene 126. That part of Lot 3 on Plan SP116480 that is within the external boundary - Albinia 127. Lot 3 on Plan SP170740 - Albinia 128. Lot 3 on Plan TR12 - Arcadia Valley 129. That part of Lot 3 on Plan TR21 that is within the external boundary - Arcadia Valley 130. Lot 3 on Plan TR31 - Arcadia Valley 131. Lot 3 on Plan TR35 - Arcadia Valley 132. Lot 4 on Plan CUE75 - Rewan 133. Lot 4 on Plan RP617701 - Albinia 134. Lot 4 on Plan SP170740 - Albinia 135. That part of Lot 4 on Plan TR16 that is within the external boundary - Beilba 136. Lot 4 on Plan TR26 - Arcadia Valley 137. Lot 4 on Plan TR32 - Arcadia Valley 138. Lot 4 on Plan TR7 - Arcadia Valley 139. That part of Lot 4 on Plan WT323 that is within the external boundary - Upper Dawson 140. Lot 5 on Plan CUE31 - Consuelo 141. That part of Lots 5 and 8 on Plan SP210545 that is within the external boundary - Coorumbene 142. That part of Lot 5 on Plan CUE50 that is within the external boundary - Arcadia Valley 143. Lot 5 on Plan DSN956 - Wealwandangie 144. Lot 5 on Plan RP617702 - Albinia 145. Lot 5 on Plan TR10 - Arcadia Valley 146. Lot 5 on Plan TR27 - Arcadia Valley 147. Lot 5 on Plan TR33 - Arcadia Valley 148. That part of Lot 6 on Plan CUE36 that is within the external boundary - Arcadia Valley 149. That part of Lot 6 on Plan TR11 that is within the external boundary - Arcadia Valley 150. Lot 6 on Plan TR28 - Arcadia Valley 151. Lot 6 on Plan TR34 - Arcadia Valley 152. Lot 7 on Plan DSN116 - Wealwandangie 153. Lot 7 on Plan RP617701 - Albinia 154. That part of Lot 7 on Plan SP187946 - Albinia 155. That part of Lot 7 on Plan TR22 that is within the external boundary - Arcadia Valley 156. That part of Lot 7 on Plan TR39 that is within the external boundary - Arcadia Valley 157. That part of Lot 8 on Plan CUE38 that is within the external boundary - Arcadia Valley 158. That part of Lot 8 on Plan SP210545 that is within the external boundary - Coorumbene 159. Lot 8 on Plan DSN116 - Wealwandangie 160. Lot 8 on Plan RP617702 - Albinia 161. Lot 8 on Plan SP100437 - Consuelo 162. That part of Lot 8 on Plan TR15 that is within the external boundary - Arcadia Valley 163. That part of Lot 9 on plan CUE39 that is within the external boundary - Arcadia Valley 164. That part of Lots 8 and 9 on Plan SP210545 that is within the external boundary - Coorumbene 165. Lot 9 on Plan RP617702 - Albinia 166. Lot 10 on Plan CUE87 - Rewan 167. Lot 10 on Plan DSN116 - Wealwandangie 168. Lot 10 on Plan RP617702 - Albinia 169. That part of Lot 11 on Plan DN40132 that is within the external boundary - Albinia 170. Lot 11 on Plan RP617702 - Albinia 171. Lot 12 on Plan RP616044 - Albinia 172. That part of Lot 12 on Plan SP101671 that is within the external boundary - Albinia 173. That part of Lot 13 on Plan DN40131 that is within the external boundary - Rolleston 174. Lot 13 on Plan RP616044 - Albinia 175. Lot 14 on Plan TR39 - Arcadia Valley 176. That part of Lot 15 on Plan DSN500 that is within the external boundary - Orion 177. Lot 15 on Plan TR44 - Arcadia Valley 178. That part of Lot 16 on Plan DN40142 that is within the external boundary - Albinia 179. That part of Lot 16 on Plan SP138519 that is within the external boundary - Orion 180. Lot 17 on Plan SP188169 - Orion 181. Lot 18 on Plan SP188169 - Orion 182. Lot 19 on Plan DSN860 - Orion 183. Lot 22 on Plan DSN92 - Rolleston 184. Lot 23 on Plan DSN92 - Rolleston 185. Lot 24 on Plan DSN92 - Rolleston 186. That part of Lot 26 on Plan DSN132 that is within the external boundary - Rolleston 187. Lot 36 on Plan DSN157 - Rolleston 188. Lot 39 on Plan DSN65 - Rolleston 189. Lot 42 on Plan DSN65 - Rolleston 190. Lot 45 on Plan DSN128 - Rolleston 191. Lot 47 on Plan DSN99 - Rolleston 192. Lot 48 on Plan DSN82 - Rolleston 193. Lot 49 on Plan DSN82 - Rolleston 194. Lot 50 on Plan DSN82 - Rolleston 195. That part of Lot 51 on Plan DSN520 that is within the external boundary - Orion 196. That part of Lot 55 on Plan DSN318 that is within the external boundary - Albinia 197. That part of Lot 56 on Plan DSN808 that is within the external boundary - Albinia 198. Lot 7 on Plan SP103687 – Carnarvon Park 199. Lot 6 on Plan SP103687 – Carnarvon Park 200. Lot 8 on CUE78 – Carnarvon Park 201. All waters forming part of a lot on plan , all waterways, natural lakes, creeks and rivers within the external boundary, including but not limited to: Aldabaran Creek, Brown River, Canopus Creek, Carnarvon Creek, Comet River, Consuelo Creek, Lake Nuga Nuga, Meteor Creek, Mickey Creek, Panorama Creek, Peawaddy Creek and Stony Creek. Part 2 - External boundary Commencing at the intersection of the southern boundary of the Dawson Highway road reserve and a south western bank of the Comet River at Rolleston and extending generally south easterly along banks of that river and banks of Clematis Creek to the intersection of that creek and the south western boundary of Lot 1 on CUE95 (Deep Creek Holding); then generally south easterly along that lot boundary to Longitude 148.860896° East; then generally southerly through the following coordinate points: Longitude Latitude (East) (South) 148.861020 24.931195 148.861457 24.959533 148.861833 24.983918 148.857183 25.016264 148.857690 25.049218 148.852964 25.076953 148.852653 25.104643 148.853080 25.132325 148.853363 25.150780 148.858072 25.158463 148.866209 25.171742 148.869708 25.207305 148.870035 25.228397 148.862562 25.269350 148.861043 25.314196 148.861594 25.349792 148.862093 25.382093 148.857352 25.413289 148.835952 25.447101 148.825396 25.455471 148.800085 25.475540 Then south westerly to along a line to Longitude 148.799268° East, Latitude 25.476188° South to its intersection with the northern bank of the Dawson River; then generally westerly and generally northerly along banks of that river to its headwaters at Longitude 148.522580° East, Latitude 25.248430° South; then north westerly to the ridgeline of the Carnarvon Range at Longitude 148.516363° East, Latitude 25.243812° South, being a point on QUD245/11 Brown River People (QC2011/004); then generally westerly and generally north westerly along that ridgeline to a point on QUD245/11 Brown River People (QC2011/004) at Latitude 25.164871° South, being a corner of Lot 236 on NPW490 (Carnarvon National Park); then generally north westerly along boundaries of that lot to Latitude 25.127659° South; being a point on the ridgeline of Carnarvon Range; then extending north westerly along boundaries of that lot and that ridgeline to the northernmost point of Lot 3453 on PH1102 (Saddler Pastoral Holding); then generally north westerly again along the ridgeline of the Carnarvon Range to Latitude 24.927077° South, then northerly to Longitude 148.063117° East, Latitude 24.924536° South, again to a point on QUD245/11 Brown River People (QC2011/004); then north westerly to the ridgeline of the Carnarvon Range at Latitude 24.923184° South, and generally north westerly along that ridgeline to a corner on a southern boundary of Lot A on DSN939 (Special Lease 48788) at Longitude 147.951526° East; then generally north westerly, generally north easterly and again north westerly along boundaries of that lot, north western boundaries of Lot 754 on PH1775 (Deepdale Pastoral Holding), eastern boundaries of Lot 9 on DSN969 and western boundaries of Lot 3 on DSN175 to its westernmost northern corner; then generally northerly to and along western boundaries of Lots 10, 8 and 7 on DSN116, Lot 5 on DSN956 and Lot 4 on DSN116 to the north western corner of that lot; then north easterly to the headwaters of a tributary of Orion Creek at Longitude 148.148900° East, Latitude 24.287240° South; then generally easterly and generally north easterly along eastern banks of that tributary and eastern banks of Orion Creek to a southern boundary of native title determination application QUD644/2012 - Bidjara #7 (QC2012/018) at Longitude 148.337920° East; then generally south easterly passing through the following coordinate points: Longitude Latitude (East) (South) 148.350965 24.266056 148.384863 24.291518 148.423925 24.319570 148.474045 24.353457 148.512468 24.385442 148.544269 24.412861 148.574546 24.434354 148.615167 24.462341 Then westerly to the western bank of the Comet River at Latitude 24.462483° South; then generally south easterly along banks of that river back to the commencement point. Data Reference and source • Native title determination application QUD245/2011 Brown River People (QC2011/004) as filed in the Federal Court 29th August 2011. • Native title determination application QUD644/2012 Bidjara People #7 (QC2012/018) as accepted for registration 24th January 2013. • Cadastral data sourced from Dept. of Natural Resources & Mines, Qld (January 2014). • Rivers and creeks based, where possible, on cadastre data sourced from Dept of Natural Resources & Mines, Qld (January 2014). Elsewhere, rivers and creeks based on 1:250,000 topographic vector data © Commonwealth of Australia (Geoscience Australia) 2003. • Carnarvon Range ridgeline referenced to the Queensland Basin Sub Areas 1:100,000, Department of Natural Resources and Mines, 2011. Reference datum Geographical coordinates have been provided 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. IN THE FEDERAL COURT OF AUSTRALIA QUEENSLAND DISTRICT REGISTRY GENERAL DIVISION QUD 245 of 2011 BETWEEN: CHARLES STAPLETON AND OTHERS ON BEHALF OF THE BROWN RIVER PEOPLE Applicant AND: STATE OF QUEENSLAND AND OTHERS Respondent JUDGE: JAGOT J DATE OF ORDER: 21 February 2014 WHERE MADE: SYDNEY THE COURT ORDERS THAT: 1. Pursuant to section 225 of the Native Title Act 1993 (Cth), native title does not exist in relation to any part of the land or waters the subject of this proceeding, as described in the attached schedule. 2. There be no order as to costs. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011. Schedule 1 - Determination Area A. The Determination Area comprises all of the land and waters described in Part 1 below, to the extent that they are within the external boundary description as described in Part 2 below. Part 1 - Areas where native title does not exist Area No. Area Description 1. Lot 5021 on Plan PH360 - Rewan 2. Lot 5028 on Plan PH252 - Rewan 3. Lot 1 on Plan SP105325 - Consuelo 4. Lot 1 on Plan SP187949 - Albinia 5. Lot 1 on Plan SP164061 - Albinia 6. Lot 4 on Plan CUE100 - Consuelo 7. Lot 5 on Plan CUE99 - Consuelo 8. That part of Lot 6 on Plan WT800342 that is within the external boundary - Upper Dawson 9. Lot 7 on Plan SP106035 - Consuelo 10. Lot 11 on Plan CUE98 - Rewan 11. That part of Lot 13 on Plan DSN725 that is within the external boundary - Orion 12. Lot 14 on Plan CUE92 - Arcadia Valley 13. Lot 15 on Plan CUE93 - Arcadia Valley 14. That part of Lot 17 on Plan SP228375 that is within the external boundary - Glenhaughton 15 Lot 19 on Plan DSN956 - Wealwandangie 16. Lot 60 on Plan SP106044 - Consuelo 17. Lot 754 on Plan PH1775 - Consuelo 18. That part of Lot 3123 on Plan PH617 that is within the external boundary - Upper Dawson 19. Lot 3307 on Plan PH793 - Consuelo 20. Lot 3995 on Plan PH100 - Wealwandangie 21. Lot 4157 on Plan PH1509 - Rewan 22. Lot 5029 on Plan PH220 - Rewan 23. Lot 5055 on Plan PH977 - Albinia 24. Lot 1 on Plan CUE22 - Consuelo 25. Lot 3 on Plan CUE88 - Consuelo 26. Lot 4 on Plan CUE27 - Consuelo 27. Lot 4 on Plan TR54 - Rewan 28. Lot 7 on Plan CUE30 - Consuelo 29. Lot 7 on Plan TR29 - Rewan 30. Lot 7 on Plan TR32 - Arcadia Valley 31. That part of Lots 567 and 158 on Plan NPW881 that is within the external boundary - Albinia. 32. Lot 8 on Plan TR31 - Arcadia Valley 33. That part of Lot 9 on Plan TR21 that is within the external boundary - Arcadia Valley 34. Lot 9 on Plan WT321 - Carnarvon Park 35. Lot 10 on Plan TR8 - Arcadia Valley 36. Lot 11 on Plan CP864585 - Arcadia Valley 37. That part of Lot 71 on Plan SP151675 that is within the external boundary - Rolleston 38. That part of Lot 89 on Plan FTY1273 that is within the external boundary - Upper Dawson 39. Lot 1 on Plan SP147544 - Rewan 40. Lot 1 on Plan SP158690 - Albinia 41. Lot 1 on Plan WT206 - Carnarvon Park 42. Lot 3 on Plan SP125158 - Rewan 43. Lot 7 on Plan SP104423 - Albinia 44. Lot 11 on Plan FTY1709 - Rewan 45. Lot 11 on Plan TR10 - Arcadia Valley 46. Lot 12 on Plan CP864585 - Arcadia Valley 47. That part of Lot 14 on Plan DSN42 that is within the external boundary - Orion 48. Lot 15 on Plan FTY1668 - Rewan 49. Lot 15 on Plan WT102 - Beilba 50. That part of Lot 27 on Plan NPW826 that is within the external boundary - Beilba 51. Lot 56 on Plan NPW476 - Rewan 52. Lot 59 on Plan DSN415 - Albinia 53. Lot 160 on Plan FTY909 - Albinia 54. Lot 211 on Plan FTY1812 - Consuelo 55. That part of Lot 236 on Plan NPW490 that is within the external boundary - Mount Moffatt 56. Lot 2 on Plan SP158690 - Albinia 57. Lot 9 on Plan RP620058 - Albinia 58. Lot 7 on Plan AP15625 - Carnarvon Park 59. Lot 14 on Plan DN40131 - Rolleston 60. Lot 11 on Plan DSN116 - Wealwandangie 61. Lot 12 on Plan DSN116 - Cairdbeign 62. Lot 13 on Plan CUE94 - Arcadia Valley 63. Lot 13 on Plan DSN116 - Cairdbeign 64. Lot 14 on Plan DSN116 - Cairdbeign 65. That part of Lot 15 on Plan DSN145 that is within the external boundary - Cairdbeign 66. That part of Lot 16 on Plan DSN145 that is within the external boundary - Cairdbeign 67. That part of Lot 17 on Plan DSN145 that is within the external boundary - Cairdbeign 68. Lot 18 on Plan DSN210 - Albinia 69. Lot 1 on Plan DSN175 - Wealwandangie 70. Lot 1 on Plan TR50 - Arcadia Valley 71. Lot 1 on Plan TR63 - Rewan 72. Lot 2 on Plan CP860384 - Rewan 73. That part of Lot 2 on Plan CUE92 that is within the external boundary - Arcadia Valley 74. Lot 2 on Plan DSN175 - Wealwandangie 75. Lot 2 on Plan DSN590 - Albinia 76. Lot 2 on Plan SP164061 - Albinia 77. Lot 2 on Plan TR45 - Arcadia Valley 78. Lot 3 on Plan CUE76 - Rewan 79. Lot 3 on Plan DSN175 - Wealwandangie 80. Lot 3 on Plan DSN590 - Albinia 81. Lot 4 on Plan CUE59 - Albinia 82. Lot 4 on Plan CUE89 - Rewan 83. That part of Lot 4 on Plan DSN116 that is within the external boundary - Wealwandangie 84. Lot 5 on Plan TR62 - Rewan 85. That part of Lot 5 on Plan WT383 that is within the external boundary - Upper Dawson 86. Lot 6 on Plan CUE54 - Consuelo 87. Lot 6 on Plan CUE86 - Consuelo 88. Lot 6 on Plan CUE96 - Consuelo 89. Lot 6 on Plan DSN116 - Wealwandangie 90. Lot 6 on Plan DSN175 - Wealwandangie 91. That part of Lot 7 on Plan CUE49 that is within the external boundary - Consuelo 92. Lot 7 on Plan DSN592 - Albinia 93. That part of Lot 8 on Plan DSN42 that is within the external boundary - Orion 94. Lot 9 on Plan CUE53 - Consuelo 95. Lot 9 on Plan CUE90 - Rewan 96. Lot 9 on Plan DSN116 - Wealwandangie 97. That part of Lot 9 on Plan TR17 that is within the external boundary - Arcadia Valley 98. That part of Lot 54 on Plan DSN316 that is within the external boundary - Orion 99. That part of Lot 5 on Plan TR18 that is within the external boundary - Arcadia Valley 100. That part of Lot 6 on Plan TR20 that is within the external boundary - Arcadia Valley 101. That part of Lot 1 on Plan CUE5 that is within the external boundary - Consuelo 102. That part of Lots 1 and 2 on Plan SP187945 that is within the external boundary - Albinia 103. Lot 1 on Plan DSN887 - Albinia 104. Lot 1 on Plan RP612604 - Rolleston 105. Lot 1 on Plan RP618664 - Orion 106. That part of Lots 1 and 2 on Plan SP187944 that is within the external boundary - Albinia 107. Lot 1 on Plan SP151675 - Rolleston 108. Lot 1 on Plan SP164068 - Albinia 109. Lot 1 on Plan SP174071 - Albinia 110. Lot 1 on Plan TR25 - Rewan 111. Lot 1 on Plan TR8 - Arcadia Valley 112. Lots 1 and 2 on Plan SP206071 - Consuelo 113. Lot 2 on Plan CUE79 - Rewan 114. Lot 2 on Plan RP612604 - Rolleston 115. Lot 2 on Plan RP616045 - Albinia 116. Lot 2 on Plan RP618664 - Albinia 117. Lot 2 on Plan SP125158 - Rewan 118. Lot 2 on Plan SP174071 - Albinia 119. Lot 2 on Plan TR13 - Arcadia Valley 120. Lots 1 and 2 on Plan SP200046 - Arcadia Valley 121. Lot 2 on Plan TR30 - Arcadia Valley 122. Lot 3 on Plan CUE112 - Rewan 123. Lot 3 on Plan CUE74 - Rewan 124. Lot 3 on Plan SP100437 - Consuelo 125. That part of Lot 3 on Plan SP109939 that is within the external boundary - Coorumbene 126. That part of Lot 3 on Plan SP116480 that is within the external boundary - Albinia 127. Lot 3 on Plan SP170740 - Albinia 128. Lot 3 on Plan TR12 - Arcadia Valley 129. That part of Lot 3 on Plan TR21 that is within the external boundary - Arcadia Valley 130. Lot 3 on Plan TR31 - Arcadia Valley 131. Lot 3 on Plan TR35 - Arcadia Valley 132. Lot 4 on Plan CUE75 - Rewan 133. Lot 4 on Plan RP617701 - Albinia 134. Lot 4 on Plan SP170740 - Albinia 135. That part of Lot 4 on Plan TR16 that is within the external boundary - Beilba 136. Lot 4 on Plan TR26 - Arcadia Valley 137. Lot 4 on Plan TR32 - Arcadia Valley 138. Lot 4 on Plan TR7 - Arcadia Valley 139. That part of Lot 4 on Plan WT323 that is within the external boundary - Upper Dawson 140. Lot 5 on Plan CUE31 - Consuelo 141. That part of Lots 5 and 8 on Plan SP210545 that is within the external boundary - Coorumbene 142. That part of Lot 5 on Plan CUE50 that is within the external boundary - Arcadia Valley 143. Lot 5 on Plan DSN956 - Wealwandangie 144. Lot 5 on Plan RP617702 - Albinia 145. Lot 5 on Plan TR10 - Arcadia Valley 146. Lot 5 on Plan TR27 - Arcadia Valley 147. Lot 5 on Plan TR33 - Arcadia Valley 148. That part of Lot 6 on Plan CUE36 that is within the external boundary - Arcadia Valley 149. That part of Lot 6 on Plan TR11 that is within the external boundary - Arcadia Valley 150. Lot 6 on Plan TR28 - Arcadia Valley 151. Lot 6 on Plan TR34 - Arcadia Valley 152. Lot 7 on Plan DSN116 - Wealwandangie 153. Lot 7 on Plan RP617701 - Albinia 154. That part of Lot 7 on Plan SP187946 - Albinia 155. That part of Lot 7 on Plan TR22 that is within the external boundary - Arcadia Valley 156. That part of Lot 7 on Plan TR39 that is within the external boundary - Arcadia Valley 157. That part of Lot 8 on Plan CUE38 that is within the external boundary - Arcadia Valley 158. That part of Lot 8 on Plan SP210545 that is within the external boundary - Coorumbene 159. Lot 8 on Plan DSN116 - Wealwandangie 160. Lot 8 on Plan RP617702 - Albinia 161. Lot 8 on Plan SP100437 - Consuelo 162. That part of Lot 8 on Plan TR15 that is within the external boundary - Arcadia Valley 163. That part of Lot 9 on plan CUE39 that is within the external boundary - Arcadia Valley 164. That part of Lots 8 and 9 on Plan SP210545 that is within the external boundary - Coorumbene 165. Lot 9 on Plan RP617702 - Albinia 166. Lot 10 on Plan CUE87 - Rewan 167. Lot 10 on Plan DSN116 - Wealwandangie 168. Lot 10 on Plan RP617702 - Albinia 169. That part of Lot 11 on Plan DN40132 that is within the external boundary - Albinia 170. Lot 11 on Plan RP617702 - Albinia 171. Lot 12 on Plan RP616044 - Albinia 172. That part of Lot 12 on Plan SP101671 that is within the external boundary - Albinia 173. That part of Lot 13 on Plan DN40131 that is within the external boundary - Rolleston 174. Lot 13 on Plan RP616044 - Albinia 175. Lot 14 on Plan TR39 - Arcadia Valley 176. That part of Lot 15 on Plan DSN500 that is within the external boundary - Orion 177. Lot 15 on Plan TR44 - Arcadia Valley 178. That part of Lot 16 on Plan DN40142 that is within the external boundary - Albinia 179. That part of Lot 16 on Plan SP138519 that is within the external boundary - Orion 180. Lot 17 on Plan SP188169 - Orion 181. Lot 18 on Plan SP188169 - Orion 182. Lot 19 on Plan DSN860 - Orion 183. Lot 22 on Plan DSN92 - Rolleston 184. Lot 23 on Plan DSN92 - Rolleston 185. Lot 24 on Plan DSN92 - Rolleston 186. That part of Lot 26 on Plan DSN132 that is within the external boundary - Rolleston 187. Lot 36 on Plan DSN157 - Rolleston 188. Lot 39 on Plan DSN65 - Rolleston 189. Lot 42 on Plan DSN65 - Rolleston 190. Lot 45 on Plan DSN128 - Rolleston 191. Lot 47 on Plan DSN99 - Rolleston 192. Lot 48 on Plan DSN82 - Rolleston 193. Lot 49 on Plan DSN82 - Rolleston 194. Lot 50 on Plan DSN82 - Rolleston 195. That part of Lot 51 on Plan DSN520 that is within the external boundary - Orion 196. That part of Lot 55 on Plan DSN318 that is within the external boundary - Albinia 197. That part of Lot 56 on Plan DSN808 that is within the external boundary - Albinia 198. All waters forming part of a lot on plan, all waterways, natural lakes, creeks and rivers within the external boundary including, but not limited to: Aldabaran Creek, Brown River, Canopus Creek, Carnarvon Creek, Comet River, Consuelo Creek, Lake Nuga Nuga, Meteor Creek, Panorama Creek, Peawaddy Creek and Stony Creek. Part 2 - External boundary Commencing at the intersection of the southern boundary of the Dawson Highway road reserve and a south western bank of the Comet River at Rolleston and extending generally south easterly along banks of that river and banks of Clematis Creek to the intersection of that creek and the south western boundary of Lot 1 on CUE95 (Deep Creek Holding); then generally south easterly along that lot boundary to Longitude 148.860896° East; then generally southerly through the following coordinate points: Longitude Latitude (East) (South) 148.861020 24.931195 148.861457 24.959533 148.861833 24.983918 148.857183 25.016264 148.857690 25.049218 148.852964 25.076953 148.852653 25.104643 148.853080 25.132325 148.853363 25.150780 148.858072 25.158463 148.866209 25.171742 148.869708 25.207305 148.870035 25.228397 148.862562 25.269350 148.861043 25.314196 148.861594 25.349792 148.862093 25.382093 148.857352 25.413289 148.835952 25.447101 148.825396 25.455471 148.800085 25.475540 Then south westerly to along a line to Longitude 148.799268° East, Latitude 25.476188° South to its intersection with the northern bank of the Dawson River; then generally westerly and generally northerly along banks of that river to its headwaters at Longitude 148.522580° East, Latitude 25.248430° South; then north westerly to the ridgeline of the Carnarvon Range at Longitude 148.516363° East, Latitude 25.243812° South, being a point on QUD245/11 Brown River People (QC2011/004); then generally westerly and generally north westerly along that ridgeline to a point on QUD245/11 Brown River People (QC2011/004) at Latitude 25.164871° South, being a corner of Lot 236 on NPW490 (Carnarvon National Park); then generally north westerly along boundaries of that lot to Latitude 25.127659° South; being a point on the ridgeline of Carnarvon Range; then extending north westerly along boundaries of that lot and that ridgeline to the northernmost point of Lot 3453 on PH1102 (Saddler Pastoral Holding); then generally north westerly again along the ridgeline of the Carnarvon Range to Latitude 24.927077° South, then northerly to Longitude 148.063117° East, Latitude 24.924536° South, again to a point on QUD245/11 Brown River People (QC2011/004); then north westerly to the ridgeline of the Carnarvon Range at Latitude 24.923184° South, and generally north westerly along that ridgeline to a corner on a southern boundary of Lot A on DSN939 (Special Lease 48788) at Longitude 147.951526° East; then generally north westerly, generally north easterly and again north westerly along boundaries of that lot, north western boundaries of Lot 754 on PH1775 (Deepdale Pastoral Holding), eastern boundaries of Lot 9 on DSN969 and western boundaries of Lot 3 on DSN175 to its westernmost northern corner; then generally northerly to and along western boundaries of Lots 10, 8 and 7 on DSN116, Lot 5 on DSN956 and Lot 4 on DSN116 to the north western corner of that lot; then north easterly to the headwaters of a tributary of Orion Creek at Longitude 148.148900° East, Latitude 24.287240° South; then generally easterly and generally north easterly along eastern banks of that tributary and eastern banks of Orion Creek to a southern boundary of native title determination application QUD644/2012 - Bidjara #7 (QC2012/018) at Longitude 148.337920° East; then generally south easterly passing through the following coordinate points: Longitude (East) Latitude (South) 148.350965 24.266056 148.384863 24.291518 148.423925 24.319570 148.474045 24.353457 148.512468 24.385442 148.544269 24.412861 148.574546 24.434354 148.615167 24.462341 Then westerly to the western bank of the Comet River at Latitude 24.462483° South; then generally south easterly along banks of that river back to the commencement point. Excluding all land and waters subject to: • Native title determination application QUD301/2012 Brown River People #2 (QC2012/005); and • Native title determination application QUD310/2012 Karingbal People #3 (QC2012/006). Data Reference and source • Native title determination application QUD245/2011 Brown River People (QC2011/004) as filed in the Federal Court 29th August 2011. • Native title determination application QUD644/2012 Bidjara People #7 (QC2012/018) as accepted for registration 24th January 2013. • Native title determination application QUD301/2012 Brown River People #2 (QC2012/005) as filed in the Federal Court 13th July 2012. • Native title determination application QUD310/2012 Karingbal People #3 (QC2012/006) as filed in the Federal Court 27th June 2012. • Cadastral data sourced from Dept. of Natural Resources & Mines, Qld (January 2014). • Rivers and creeks based, where possible, on cadastre data sourced from Dept of Natural Resources & Mines, Qld (January 2014). Elsewhere, rivers and creeks based on 1:250,000 topographic vector data © Commonwealth of Australia (Geoscience Australia) 2003. • Carnarvon Range ridgeline referenced to the Queensland Basin Sub Areas 1:100,000, Department of Natural Resources and Mines, 2011. Reference datum Geographical coordinates have been provided 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. IN THE FEDERAL COURT OF AUSTRALIA QUEENSLAND DISTRICT REGISTRY GENERAL DIVISION QUD 301 of 2012 BETWEEN: CHARLES STAPLETON AND OTHERS N BEHALF OF THE BROWN RIVER PEOPLE #2 Applicant AND: STATE OF QUEENSLAND AND OTHERS Respondent JUDGE: JAGOT J DATE OF ORDER: 21 February 2014 WHERE MADE: SYDNEY THE COURT ORDERS THAT: 1. Pursuant to section 225 of the Native Title Act 1993 (Cth), native title does not exist in relation to any part of the land or waters the subject of this proceeding, as described in the attached schedule. 2. There be no order as to costs. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011. Schedule 1 - Determination Area A. The Determination Area comprises all of the land and waters described in Part 1 below, to the extent that they are within the external boundary description as described in Part 2 below. Part 1 - Areas where native title does not exist Area No. Area Description 1. That part of Lot 89 on Plan FTY1273 that is within the external boundary - Upper Dawson 2. That part of Lot 236 on Plan NPW490 that is within the external boundary - Mount Moffatt 3. That part of Lot 4 on Plan WT323 that is within the external boundary - Upper Dawson 4. Lot 7 on Plan SP103687 - Carnarvon Park 5. Lot 6 on Plan SP103687 - Carnarvon Park 6. Lot 8 on CUE78 - Carnarvon Park 7. All waters forming part of a lot on plan, all waterways, natural lakes, creeks and rivers within the external boundary including, but not limited to: Carnarvon Creek and Mickey Creek Part 2 – External boundary Additional Area 1 Commencing at a point on the boundary of native title determination application QUD245/2011 Brown River People (QC11/4), being the intersection of the northern bank of the Dawson River and an eastern boundary of Carnarvon Highway at Latitude 25.351974° South and extending generally north westerly along the northern banks of the Dawson River to its headwaters at Longitude 148.522580° East, Latitude 25.248430° South; then north westerly to the ridgeline of Carnarvon Range at Longitude 148.516363° East, Latitude 25.243812° South, again a point on QUD245/11 Brown River People (QC11/4); then generally south easterly and generally southerly along boundaries of that native title application, further described as generally south easterly and generally southerly along the ridgeline of Carnarvon Range and passing through the following coordinate points: Longitude (East) Latitude (South) 148.518532 25.243475 148.520212 25.243370 148.521331 25.243300 148.525313 25.243541 148.529144 25.243827 148.532421 25.244112 148.535368 25.244740 148.538315 25.245689 148.541335 25.247097 148.544481 25.248826 148.546844 25.250781 148.548906 25.252438 148.551851 25.253823 148.554346 25.254105 148.557046 25.253264 148.560480 25.251921 148.562902 25.250919 148.564696 25.250099 148.566588 25.249531 148.568453 25.249947 148.570893 25.251605 148.573107 25.252964 148.576758 25.254304 148.580259 25.255460 148.583935 25.257212 148.586854 25.259008 148.590050 25.260828 148.592818 25.262830 148.595156 25.264991 148.596262 25.266185 148.597064 25.267746 148.597914 25.270340 148.598868 25.271809 148.600075 25.272867 148.602569 25.273653 148.608238 25.275249 148.613983 25.276731 148.619249 25.278280 148.625675 25.279969 148.626986 25.280133 148.628550 25.279815 148.631023 25.279271 148.633166 25.279436 148.635307 25.280312 148.637976 25.281671 148.640117 25.282616 148.641478 25.283124 148.642764 25.283919 148.643114 25.284136 148.644925 25.285997 148.646911 25.288249 148.648194 25.289834 148.649322 25.292175 148.650049 25.294148 148.651456 25.296283 148.653065 25.298328 148.654775 25.300143 148.656364 25.301399 Then south easterly to the western boundary of Carnarvon Highway at Latitude 25.302263° South; then generally southerly along boundaries of that road back to the commencement point. Additional Area 2 Commencing at a point on the boundary of native title determination application QUD245/2011 Brown River People (QC11/4), being a point on the ridgeline of Carnarvon Range at Longitude 148.516363° East, Latitude 25.243812° South, and extending generally westerly and generally north westerly along that ridgeline passing through the following coordinate points: Longitude (East) Latitude (South) 148.514067 25.244263 148.510584 25.245169 148.507355 25.245755 148.502911 25.246491 148.499380 25.246790 148.493261 25.247163 148.487960 25.246968 148.483435 25.246483 148.479737 25.245822 148.476272 25.245362 148.473022 25.245448 148.469455 25.246114 148.466026 25.247240 148.458354 25.251201 148.453219 25.254456 148.451374 25.254745 148.449283 25.254855 148.446335 25.254958 148.444238 25.254815 148.442087 25.254489 148.439650 25.253825 148.437427 25.253684 148.435281 25.253542 148.433051 25.253103 148.430733 25.252115 148.427892 25.250312 148.426564 25.249580 148.425066 25.249150 148.423380 25.249320 148.421883 25.250037 148.420844 25.250882 148.419543 25.252398 148.418542 25.253863 148.416996 25.256805 148.416070 25.258222 148.414815 25.259554 148.413488 25.260038 148.412179 25.260154 148.410760 25.259814 148.409583 25.259149 148.408525 25.258045 148.406674 25.255396 148.405023 25.252675 148.403346 25.249931 148.401625 25.247487 148.400129 25.246001 148.397897 25.244369 148.396515 25.243478 148.394614 25.243055 148.392779 25.243273 148.390119 25.243874 148.387504 25.244199 148.385182 25.244128 148.383103 25.243663 148.381624 25.242911 148.380386 25.241718 148.379777 25.240445 148.379491 25.238914 148.378998 25.237226 148.377807 25.235849 148.376372 25.234821 148.374507 25.233755 148.372263 25.232673 148.370177 25.231840 148.368351 25.231393 148.365992 25.231873 148.364116 25.232660 148.362356 25.232813 148.360558 25.232365 148.258899 25.231570 148.356628 25.230351 148.354189 25.229571 148.352036 25.229106 148.350039 25.223294 148.347725 25.220149 148.343412 25.219421 148.342334 25.219240 148.337083 25.217800 148.336366 25.216140 148.334828 25.215021 148.330081 25.213618 148.326227 25.210295 148.323406 25.210439 148.318148 25.212095 148.315117 25.211830 148.312497 25.213048 148.308899 25.212265 148.305572 25.212304 148.306374 25.204077 148.304025 25.199326 148.300222 25.193752 148.295689 25.190486 148.296483 25.188774 148.295540 25.186016 148.292904 25.181889 148.294284 25.178148 148.291802 25.175303 148.294549 25.166100 Then north easterly to again a point on QUD245/2011 Brown River People (QC11/4) at Latitude 25.164871° South, being a corner of Lot 236 on NPW490 (Carnarvon National Park); then south easterly, generally easterly and generally south easterly along boundaries of that native title application, described as south easterly to the headwaters of an unnamed tributary at Longitude 148.312900° East, Latitude 25.175380° South; then generally easterly along southern banks of that tributary and southern banks of Bullaroo Creek to Longitude 148.456970° East; then south easterly to an eastern bank of an unnamed creek at Longitude 148.476360° East, Latitude 25.207650° South; then generally south easterly along banks of that unnamed creek to its intersection with the southern boundary of Lot 236 of NPW490 (Carnarvon National Park); then south easterly back to the commencement point. Additional Area 3 Commencing at a point on native title determination application QUD245/2011 Brown River People (QC11/4), being a point on the ridgeline of Carnarvon Range and a corner of Lot 236 on NPW490 at Latitude 25.127659° South, and extending generally north westerly along boundaries of that lot and that ridgeline to the northernmost point of Lot 3453 on PH1102 (Saddler Pastoral Holding); then generally north westerly again along the ridgeline of Carnarvon Range passing through the following coordinate points: Longitude (East) Latitude (South) 148.133836 25.042539 148.132985 25.042760 148.131718 25.043607 148.129158 25.043972 148.125052 25.043905 148.122948 25.043207 148.121615 25.042014 148.121129 25.040439 148.118696 25.031052 148.117736 25.025930 148.117093 25.024014 148.116389 25.022810 148.115261 25.021843 148.112801 25.020967 148.104693 25.019591 148.098979 25.018357 148.097278 25.017675 148.095770 25.016530 148.094400 25.014764 148.092872 25.011395 148.091486 25.008826 148.089557 25.006771 148.086912 25.004201 148.085083 25.002144 148.083985 25.000098 148.083128 24.997526 148.082083 24.994395 148.078730 24.985636 148.077062 24.981113 148.076326 24.978574 148.075891 24.976033 148.076060 24.973508 148.076709 24.971093 148.077610 24.968721 148.077734 24.966632 148.076560 24.963273 148.073751 24.959977 148.072921 24.958036 148.073048 24.956176 148.073732 24.954541 148.074966 24.952669 148.076068 24.950272 148.076491 24.947928 148.076208 24.945408 148.075298 24.943078 148.073562 24.941055 148.071171 24.938993 148.068079 24.937099 148.066023 24.935653 148.064717 24.933763 148.063992 24.932119 148.063793 24.930263 148.063577 24.927077 Then northerly to Longitude 148.063117° East, Latitude 24.924536° South, again a point on the boundary of QUD245/11 Brown River People (QC11/4); then generally south easterly and generally south westerly along boundaries of that native title application, further described as generally south easterly to the headwaters of Carnarvon Creek at Longitude 148.070280° East, Latitude 24.932220° South; then generally south easterly along northern and eastern banks of that creek to Latitude 25.072757° South; then southerly to a corner on the southern boundary of Carnarvon Gorge Road reserve at Longitude 148.267547° East; then generally south easterly along the boundaries of that road reserve to the north western most corner of Lot 15 on FTY 1668; then generally southerly along boundaries of that lot to is western most corner; then south westerly back to the commencement point. Data Reference and source • Native title determination application QUD245/2011 Brown River People (QC2011/004) as filed in the Federal Court 29th August 2011. • Cadastral data sourced from the Department of Natural Resources & Mines, Qld (January 2014). • Rivers and creeks based, where possible, on cadastre data sourced from Department of Natural Resources & Mines, Qld (January 2014). Elsewhere, rivers and creeks based on 1:250,000 topographic vector data © Commonwealth of Australia (Geoscience Australia) 2003. • Carnarvon Range ridgeline referenced to the Queensland Basin Sub Areas 1:100,000, Department of Natural Resources and Mines, 2011. Reference datum Geographical coordinates 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. IN THE FEDERAL COURT OF AUSTRALIA QUEENSLAND DISTRICT REGISTRY GENERAL DIVISION QUD 310 of 2012 BETWEEN: KEVIN ALBURY AND OTHERS ON BEHALF OF THE KARINGBAL PEOPLE #3 Applicant AND: STATE OF QUEENSLAND AND OTHERS Respondent JUDGE: JAGOT J DATE OF ORDER: 21 February 2014 WHERE MADE: SYDNEY THE COURT ORDERS THAT: 1. Pursuant to section 225 of the Native Title Act 1993 (Cth), native title does not exist in relation to any part of the land or waters the subject of this proceeding, as described in the attached schedule. 2. There be no order as to costs. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011. Schedule 1 - Determination Area A. The Determination Area comprises all of the land and waters described in Part 1 below, to the extent that they are within the external boundary description as described in Part 2 below. Part 1 - Areas where native title does not exist Area No. Area Description 1. That part of Lot 89 on Plan FTY1273 that is within the external boundary - Upper Dawson 2. That part of Lot 236 on Plan NPW490 that is within the external boundary - Mount Moffatt 3. That part of Lot 4 on Plan WT323 that is within the external boundary - Upper Dawson 4. Lot 7 on Plan SP103687 - Carnarvon Park 5. Lot 6 on Plan SP103687 - Carnarvon Park 6. Lot 8 on CUE78 - Carnarvon Park 7. All waters forming part of a lot on plan, all waterways, natural lakes, creeks and rivers within the external boundary including, but not limited to: Carnarvon Creek and Mickey Creek Part 2 – External boundary Additional Area 1 Commencing at a point on the boundary of native title determination application QUD245/2011 Brown River People (QC11/4), being the intersection of the northern bank of the Dawson River and an eastern boundary of Carnarvon Highway at Latitude 25.351974° South and extending generally north westerly along the northern banks of the Dawson River to its headwaters at Longitude 148.522580° East, Latitude 25.248430° South; then north westerly to the ridgeline of Carnarvon Range at Longitude 148.516363° East, Latitude 25.243812° South, again a point on QUD245/11 Brown River People (QC11/4); then generally south easterly and generally southerly along boundaries of that native title application, further described as generally south easterly and generally southerly along the ridgeline of Carnarvon Range and passing through the following coordinate points: Longitude (East) Latitude (South) 148.518532 25.243475 148.520212 25.243370 148.521331 25.243300 148.525313 25.243541 148.529144 25.243827 148.532421 25.244112 148.535368 25.244740 148.538315 25.245689 148.541335 25.247097 148.544481 25.248826 148.546844 25.250781 148.548906 25.252438 148.551851 25.253823 148.554346 25.254105 148.557046 25.253264 148.560480 25.251921 148.562902 25.250919 148.564696 25.250099 148.566588 25.249531 148.568453 25.249947 148.570893 25.251605 148.573107 25.252964 148.576758 25.254304 148.580259 25.255460 148.583935 25.257212 148.586854 25.259008 148.590050 25.260828 148.592818 25.262830 148.595156 25.264991 148.596262 25.266185 148.597064 25.267746 148.597914 25.270340 148.598868 25.271809 148.600075 25.272867 148.602569 25.273653 148.608238 25.275249 148.613983 25.276731 148.619249 25.278280 148.625675 25.279969 148.626986 25.280133 148.628550 25.279815 148.631023 25.279271 148.633166 25.279436 148.635307 25.280312 148.637976 25.281671 148.640117 25.282616 148.641478 25.283124 148.642764 25.283919 148.643114 25.284136 148.644925 25.285997 148.646911 25.288249 148.648194 25.289834 148.649322 25.292175 148.650049 25.294148 148.651456 25.296283 148.653065 25.298328 148.654775 25.300143 148.656364 25.301399 Then south easterly to the western boundary of Carnarvon Highway at Latitude 25.302263° South; then generally southerly along boundaries of that road back to the commencement point. Additional Area 2 Commencing at a point on the boundary of native title determination application QUD245/2011 Brown River People (QC11/4), being a point on the ridgeline of Carnarvon Range at Longitude 148.516363° East, Latitude 25.243812° South, and extending generally westerly and generally north westerly along that ridgeline passing through the following coordinate points: Longitude (East) Latitude (South) 148.514067 25.244263 148.510584 25.245169 148.507355 25.245755 148.502911 25.246491 148.499380 25.246790 148.493261 25.247163 148.487960 25.246968 148.483435 25.246483 148.479737 25.245822 148.476272 25.245362 148.473022 25.245448 148.469455 25.246114 148.466026 25.247240 148.458354 25.251201 148.453219 25.254456 148.451374 25.254745 148.449283 25.254855 148.446335 25.254958 148.444238 25.254815 148.442087 25.254489 148.439650 25.253825 148.437427 25.253684 148.435281 25.253542 148.433051 25.253103 148.430733 25.252115 148.427892 25.250312 148.426564 25.249580 148.425066 25.249150 148.423380 25.249320 148.421883 25.250037 148.420844 25.250882 148.419543 25.252398 148.418542 25.253863 148.416996 25.256805 148.416070 25.258222 148.414815 25.259554 148.413488 25.260038 148.412179 25.260154 148.410760 25.259814 148.409583 25.259149 148.408525 25.258045 148.406674 25.255396 148.405023 25.252675 148.403346 25.249931 148.401625 25.247487 148.400129 25.246001 148.397897 25.244369 148.396515 25.243478 148.394614 25.243055 148.392779 25.243273 148.390119 25.243874 148.387504 25.244199 148.385182 25.244128 148.383103 25.243663 148.381624 25.242911 148.380386 25.241718 148.379777 25.240445 148.379491 25.238914 148.378998 25.237226 148.377807 25.235849 148.376372 25.234821 148.374507 25.233755 148.372263 25.232673 148.370177 25.231840 148.368351 25.231393 148.365992 25.231873 148.364116 25.232660 148.362356 25.232813 148.360558 25.232365 148.258899 25.231570 148.356628 25.230351 148.354189 25.229571 148.352036 25.229106 148.350039 25.223294 148.347725 25.220149 148.343412 25.219421 148.342334 25.219240 148.337083 25.217800 148.336366 25.216140 148.334828 25.215021 148.330081 25.213618 148.326227 25.210295 148.323406 25.210439 148.318148 25.212095 148.315117 25.211830 148.312497 25.213048 148.308899 25.212265 148.305572 25.212304 148.306374 25.204077 148.304025 25.199326 148.300222 25.193752 148.295689 25.190486 148.296483 25.188774 148.295540 25.186016 148.292904 25.181889 148.294284 25.178148 148.291802 25.175303 148.294549 25.166100 Then north easterly to again a point on QUD245/2011 Brown River People (QC11/4) at Latitude 25.164871° South, being a corner of Lot 236 on NPW490 (Carnarvon National Park); then south easterly, generally easterly and generally south easterly along boundaries of that native title application, described as south easterly to the headwaters of an unnamed tributary at Longitude 148.312900° East, Latitude 25.175380° South; then generally easterly along southern banks of that tributary and southern banks of Bullaroo Creek to Longitude 148.456970° East; then south easterly to an eastern bank of an unnamed creek at Longitude 148.476360° East, Latitude 25.207650° South; then generally south easterly along banks of that unnamed creek to its intersection with the southern boundary of Lot 236 of NPW490 (Carnarvon National Park); then south easterly back to the commencement point. Additional Area 3 Commencing at a point on native title determination application QUD245/2011 Brown River People (QC11/4), being a point on the ridgeline of Carnarvon Range and a corner of Lot 236 on NPW490 at Latitude 25.127659° South, and extending generally north westerly along boundaries of that lot and that ridgeline to the northernmost point of Lot 3453 on PH1102 (Saddler Pastoral Holding); then generally north westerly again along the ridgeline of Carnarvon Range passing through the following coordinate points: Longitude (East) Latitude (South) 148.133836 25.042539 148.132985 25.042760 148.131718 25.043607 148.129158 25.043972 148.125052 25.043905 148.122948 25.043207 148.121615 25.042014 148.121129 25.040439 148.118696 25.031052 148.117736 25.025930 148.117093 25.024014 148.116389 25.022810 148.115261 25.021843 148.112801 25.020967 148.104693 25.019591 148.098979 25.018357 148.097278 25.017675 148.095770 25.016530 148.094400 25.014764 148.092872 25.011395 148.091486 25.008826 148.089557 25.006771 148.086912 25.004201 148.085083 25.002144 148.083985 25.000098 148.083128 24.997526 148.082083 24.994395 148.078730 24.985636 148.077062 24.981113 148.076326 24.978574 148.075891 24.976033 148.076060 24.973508 148.076709 24.971093 148.077610 24.968721 148.077734 24.966632 148.076560 24.963273 148.073751 24.959977 148.072921 24.958036 148.073048 24.956176 148.073732 24.954541 148.074966 24.952669 148.076068 24.950272 148.076491 24.947928 148.076208 24.945408 148.075298 24.943078 148.073562 24.941055 148.071171 24.938993 148.068079 24.937099 148.066023 24.935653 148.064717 24.933763 148.063992 24.932119 148.063793 24.930263 148.063577 24.927077 Then northerly to Longitude 148.063117° East, Latitude 24.924536° South, again a point on the boundary of QUD245/11 Brown River People (QC11/4); then generally south easterly and generally south westerly along boundaries of that native title application, further described as generally south easterly to the headwaters of Carnarvon Creek at Longitude 148.070280° East, Latitude 24.932220° South; then generally south easterly along northern and eastern banks of that creek to Latitude 25.072757° South; then southerly to a corner on the southern boundary of Carnarvon Gorge Road reserve at Longitude 148.267547° East; then generally south easterly along the boundaries of that road reserve to the north western most corner of Lot 15 on FTY 1668; then generally southerly along boundaries of that lot to is western most corner; then south westerly back to the commencement point. Data Reference and source • Native title determination application QUD245/2011 Brown River People (QC2011/004) as filed in the Federal Court 29th August 2011. • Cadastral data sourced from the Department of Natural Resources & Mines, Qld (January 2014). • Rivers and creeks based, where possible, on cadastre data sourced from Department of Natural Resources & Mines, Qld (January 2014). Elsewhere, rivers and creeks based on 1:250,000 topographic vector data © Commonwealth of Australia (Geoscience Australia) 2003. • Carnarvon Range ridgeline referenced to the Queensland Basin Sub Areas 1:100,000, Department of Natural Resources and Mines, 2011. Reference datum Geographical coordinates 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. IN THE FEDERAL COURT OF AUSTRALIA QUEENSLAND DISTRICT REGISTRY GENERAL DIVISION QUD 23 of 2006 QUD216 of 2008 QUD 245 of 2011 QUD 301 of 2012 QUD 310 of 2012 BETWEEN: KEVIN ALBURY AND OTHERS ON BEHALF OF THE KARINGBAL PEOPLE #2 Applicant AND: STATE OF QUEENSLAND AND OTHERS Respondent JUDGE: JAGOT J DATE: 21 February 2014 PLACE: SYDNEY REASONS FOR JUDGMENT 1 On 3 February 2014 I made the following orders in these matters: 1. The State of Queensland file and serve its proposed determination that native title does not exist in relation to the overlap area within 7 days. 2. The other parties have leave to file and serve any submissions they wish to make about the proposed determination within a further 7 days. 2 No submission has been received in response of the determination proposed by the State. 3 I am satisfied that the determination should be made for the reasons set out in the reasons for judgment in Wyman on behalf of the Bidjara People v State of Queensland (No 2) [2013] FCA 1229 and Wyman on behalf of the Bidjara People v State of Queensland (No 3) [2014] FCA 8. I am also satisfied that the form of the proposed determination is appropriate. 4 Accordingly, I make orders as set out in the proposed determinations. I certify that the preceding four (4) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Jagot. Associate: Dated: 17 February 2014