Extract from the National Native Title Register

Determination Information:

Determination Reference: Federal Court Number(s): WAD6008/2000 NNTT Number: WCD2013/003

Determination Name: Sharpe v State of

Date(s) of Effect: 19/06/2013

Determination Outcome: Native title exists in parts of the determination area

Register Extract (pursuant to s. 193 of the Native Title Act 1993)

Determination Date: 19/06/2013

Determining Body: Federal Court of Australia

ADDITIONAL INFORMATION: Please note, there appears to be a typographical error in Schedule One. On line 10 of the description, the determination states "(east of Margaret River Homestead)" when, considering the maps at Schedule 2, it appears it should read "(west of Margaret River Homestead)".

REGISTERED NATIVE TITLE BODY CORPORATE: Gooniyandi Aboriginal Corporation RNTBC Trustee Body Corporate c\o Kimberley Land Council P.O. Box 2145 Broome Western Australia 6725

Note: current contact details for the Registered Native Title Body Corporate are available from the Office of the Registrar of Indigenous Corporations www.oric.gov.au

COMMON LAW HOLDER(S) OF NATIVE TITLE:

SCHEDULE SIX

DESCRIPTION OF THE NATIVE TITLE HOLDERS

The Gooniyandi people, referred to in paragraph 4, are:

National Native Title Tribunal Page 1 of 17 Extract from the National Native Title Register WCD2013/003 (a) the descendants of the following apical ancestors:

Dalbagbiya, Garlinhingi, Gooraloowa, Gurlgurl, Jagi, Jangooyool, Jinggili, Jinny Ngilmia, Joorgabidija, Kimberley Jarlamarra, Labayng, Lagena, Larry, Loombardji, Lungguda, Maggie Lai:zil [sic], Malangarwin, Malanggiya, Mandowa, Milba, Milindi, Millie, Millie Wanbal, Ningali, Ningmia, Nundjun, Myoomooroo, Rhoda Mandhan, Tommy, Warrgi, Wilinyi, Wilirlman, Wirngarri, Yarraru, Yigi, Badigurayng, Budoornja Giligan, Lilly Campbell, Little Polly Dimananggal, Big Polly Dulangerlus, Brian Kimidi, Mabel Lawel, Maggie Magiji, Amy Mirringala, Mary Miyerri, Mamburu Nogood Billy, Kitty Smith, Wadgimili Sandy Smith, Tommy Thompson and Ned Wiyurru.

(b) Aboriginal persons who:

(i) self-identify as Gooniyandi; and

(ii) are recognised by other members of the Gooniyandi community as Gooniyandi under traditional law and custom.

MATTERS DETERMINED:

BEING SATISFIED that a determination in the terms sought by the parties is within the power of the Court and it appearing to the Court appropriate to do so and by the consent of the parties:

THE COURT ORDERS THAT:

1. There be a determination of native title in WAD 6008 of 2000 in terms of the Determination as provided for in Attachment ‘A’ hereof.

2. The Gooniyandi Aboriginal Corporation RNTBC shall hold the determined native title in trust for the native title holders pursuant to s 56(2)(b) of the Native Title Act 1993 (Cth).

ATTACHMENT ‘A’

DETERMINATION

THE COURT ORDERS, DECLARES AND DETERMINES THAT:

Existence of native title (s 225 Native Title Act)

1. The Determination Area is the land and waters described in Schedule One and depicted on the maps comprising Schedule Two.

2. Native title exists in those parts of the Determination Area identified in Schedules Three and Four (Native Title Area).

3. Native title does not exist in those parts of the Determination Area identified in Schedule Five.

Native title holders (s 225(a) Native Title Act)

4. The native title in the Determination Area is held by the Gooniyandi people. The Gooniyandi people are

National Native Title Tribunal Page 2 of 17 Extract from the National Native Title Register WCD2013/003 the people referred to in Schedule Six.

The nature and extent of native title rights and interests (s 225(b) Native Title Act) and exclusiveness of native title (s 225(e) Native Title Act)

Exclusive native title rights and interests

5. Subject to paragraphs 7, 8 and 9 the nature and extent of the native title rights and interests in relation to each part of the Determination Area referred to in Schedule Three, being areas where there has been no extinguishment of native title or areas where any extinguishment must be disregarded, are:

(a) except in relation to flowing and underground waters, an entitlement as against the whole world to possession, occupation, use and enjoyment of the land and waters of that part to the exclusion of all others; and

(b) in relation to flowing and underground waters, the right to use and enjoy the flowing and underground waters, including:

(i) the right to hunt on, fish from, take, use, share and exchange the natural resources of the flowing and underground waters for personal, domestic or non-commercial communal needs; and

(ii) the right to take and use the flowing and underground waters for personal, domestic or non-commercial communal needs.

Non-exclusive rights and interests

6. Subject to paragraphs 7, 8 and 9, the nature and extent of the native title rights and interests in relation to each part of the Determination Area referred to in Schedule Four, being areas where there has been a partial extinguishment of native title and where any extinguishment is not required to be disregarded, are that they confer the following non-exclusive rights on the Native Title Holders, including the right to conduct activities necessary to give effect to them:

(a) the right to access and move freely through and within each part of the Determination Area referred to in Schedule Four;

(b) the right to live, being to enter and remain on the land, to camp and erect shelters and other structures for that purpose;

(c) the right to:

(i) hunt, gather and fish for personal, domestic and non-commercial communal needs;

(ii) take flora and fauna;

(iii) take other natural resources of each part of the Determination Area referred to in Schedule Four including soil, sand, clay, gravel, ochre, timber, resin and stone for personal, domestic and non-commercial communal needs;

(iv) share and exchange natural resources of each part of the Determination Area referred to in Schedule Four including soil, sand, clay, gravel, ochre, timber, resin and stone for personal, domestic and non- commercial communal needs;

(v) light contained fires for domestic, cultural and spiritual purposes but not for the clearance of vegetation;

(vi) engage in cultural activities in the area, including the transmission of cultural heritage knowledge;

(vii) conduct ceremonies;

(viii) conduct burials and burial rites;

National Native Title Tribunal Page 3 of 17 Extract from the National Native Title Register WCD2013/003 (ix) hold meetings;

(x) visit, maintain and protect from physical harm, places and sites of importance in each part of the Determination Area referred to in Schedule Four; and

(xi) access and take water and its resources for personal, domestic or non-commercial communal purposes, and for the sake of clarity and the avoidance of doubt, this right does not include the right to take or use water lawfully captured or controlled by the holders of pastoral leases numbered 3114/1248 (Fossil Downs), 3114/1257 (Christmas Creek), 3114/1263 (Margaret River), 398/800 (Larrawa), 398/806 (Mt Pierre), 398/807 (Bohemia Downs), 398/808 (Louisa Downs) and 398/810 (Gogo Station).

7. The native title rights and interests referred to in paragraphs 5(b) and 6 do not confer:

(a) possession, occupation, use and enjoyment on the Native Title Holders to the exclusion of all others, nor

(b) a right to control the access of others to the land or waters of those parts of the Determination Area referred to in paragraphs 5(b) and 6.

8. Notwithstanding anything in this Determination the native title rights and interests include the right to take and use ochre to the extent that ochre is not a mineral pursuant to the Mining Act 1904 (WA), but do not include any rights in relation to:

(a) minerals as defined in the Mining Act 1904 (WA) (repealed) and the Mining Act 1978 (WA), or

(b) petroleum as defined in the Petroleum Act 1936 (WA) (repealed) and the Petroleum and Geothermal Energy Resources Act 1967 (WA), or

(c) geothermal energy resources and geothermal energy as defined in the Petroleum and Geothermal Energy Resources Act 1967 (WA).

9. The native title rights and interests are subject to and exercisable in accordance with:

(a) the laws of the State and the Commonwealth, including the common law; and

(b) the traditional laws and customs of the Native Title Holders for personal, domestic and non-commercial communal purposes, including social, cultural, religious, spiritual and ceremonial purposes.

10. For the avoidance of doubt, subject to the qualifications described in paragraphs 7 to 9, the manner of exercise of native title rights and interests recognised by this Determination is a matter for the native title holders to determine having regard to, and in accordance with, their traditional laws and customs.

Areas to which ss 47, 47A and 47B of the Native Title Act apply

11. Sections 47, 47A and 47B of the Native Title Act apply to disregard any prior extinguishment in relation to the areas described in Schedule Seven.

The nature and extent of any other interests

12. The nature and extent of other rights and interests in relation to the Determination Area are those set out in Schedule Eight.

Relationship between native title rights and other interests

13. The relationship between the native title rights and interests described in paragraphs 5 and 6 and the other rights and interests referred to in paragraph 12 (“the other rights and interests”) is that:

(a) to the extent that any of the other rights and interests are inconsistent with the continued existence, enjoyment or exercise of the native title rights and interests, the native title rights and interests continue to exist in their entirety, but the native title rights and interests have no effect in relation to the other rights and interests to the extent of the inconsistency during the currency of the other rights and interests; and otherwise,

National Native Title Tribunal Page 4 of 17 Extract from the National Native Title Register WCD2013/003 (b) the existence and exercise of the native title rights and interests do not prevent the doing of any activity required or permitted to be done by or under the other rights and interests, and the other rights and interests, and the doing of any activity required or permitted to be done by or under the other rights and interests, prevail over the native title rights and interests and any exercise of the native title rights and interests, but, subject to the operation of section 24JB(2) of the Native Title Act, do not extinguish them.

Liberty to Apply

14. The parties have liberty to apply for the following purposes:

(a) to establish the precise location and boundaries of the public works and adjacent land and waters identified in relation to any part or parts of the Determination Area referred to in Part One of Schedule Five of this Determination;

(b) to establish the precise location of the boundaries of land on which the pastoral improvements referred to in Part Two of Schedule Five of this Determination have been constructed and any adjacent land or waters the exclusive use of which is necessary for the enjoyment of the improvements; and

(c) to establish whether any of the pastoral improvements referred to in Part Two of Schedule Five of this Determination have been constructed unlawfully.

Definitions and interpretation

15. In this Determination, unless the contrary intention appears:

“Determination Area” means the land and waters described in Schedule One and depicted on the maps at Schedule Two;

“flowing waters” means the following water within the Determination Area:

(a) water which flows, whether permanently, intermittently or occasionally, within any river, creek, stream or brook; and

(b) any natural collection of water into, through, or out of which a river, creek, stream or brook flows;

“land” has the same meaning as in the Native Title Act;

“Native Title Act” means the Native Title Act 1993 (Cth);

“Native Title Holders” means the persons described in paragraph 4;

“underground water” means water from and including an underground water source, including water that percolates from the ground.

“waters” has the same meaning as in the Native Title Act; and includes flowing and underground water;

16. In the event of any inconsistency between the written description of an area in Schedule One or Schedules Three to Five and the area as depicted on the maps at Schedule Two, the written description prevails.

SCHEDULE ONE - DETERMINATION AREA

The Determination Area, generally shown as bordered in blue on the maps at Schedule Two, comprises all that land and waters bounded by the following description:

All those lands and waters commencing at the westernmost north-western corner of Pastoral Lease 3114/1158 (Mount Amhurst) and extending southerly, easterly, again southerly and again easterly along the boundaries of that pastoral lease to Longitude 126.368109 East; Then south-easterly to the centreline of Margaret River at

National Native Title Tribunal Page 5 of 17 Extract from the National Native Title Register WCD2013/003 Longitude 126.413963 East; Then generally south-easterly, upwards along the centreline of that river to the prolongation westerly of the westernmost northern boundary of Pastoral Lease 398/808 (Louisa Downs); Then easterly to and generally easterly, generally southerly and westerly along boundaries of that pastoral lease to Longitude 126.739219 East; Then south-easterly passing through a north-eastern corner of the aforesaid pastoral lease to Latitude 18.625170 South, Longitude 126.859406 East, (east of Margaret River Homestead); Then generally southerly passing through the following co-ordinate positions:

LATITUDE LONGITUDE (SOUTH) (EAST) 18.629007 126.858963 18.633140 126.857487 18.637717 126.854534 18.641112 126.851139 18.643474 126.849810 18.647903 126.850843 18.651003 126.850843 18.653218 126.850991 18.656908 126.852172 18.659123 126.852172 18.661780 126.851729 18.664732 126.851729 18.667832 126.852024 18.671523 126.850105 18.673737 126.849367 18.726081 126.872107 19.040120 126.803254

Then westerly to the north-eastern corner of Pastoral Lease 3114/1261 (Bulka); Then westerly along a northern boundary of that pastoral lease to the south-western corner of Pastoral Lease 398/807 (Bohemia Downs); Then generally northerly along boundaries of that pastoral lease to a south-eastern side of Great Northern Highway; Then generally southwesterly and generally north-westerly along sides of that highway to a southern boundary of Pastoral Lease 398/810 (Gogo); Then generally south-westerly, generally south-easterly and southerly along boundaries of that pastoral lease to the centreline of Christmas Creek; Then generally north-westerly downwards along the centreline of that river and onwards to the centreline of the Fitzroy River; Then generally north-easterly upwards along the centreline of that river to the prolongation westerly of the centreline of Margaret River; Then easterly to and generally easterly upwards along the centreline of that river to Longitude 125.651283 East; Then northerly, easterly, southerly, generally north-easterly, generally easterly and south- easterly passing through the following co-ordinate positions:

LATITUDE LONGITUDE (SOUTH) (EAST) 18.165255 125.651283 18.148588 125.651283 18.148588 125.667950 18.148587 125.684617 18.148587 125.701285 18.148587 125.717952 18.150738 125.717952 18.132516 125.751285 18.131920 125.751285 18.115274 125.751284 18.115274 125.767951 18.115274 125.782862 18.093107 125.823376 17.981919 125.842950 17.984142 125.913227 17.960442 126.109346 17.947641 126.215276

National Native Title Tribunal Page 6 of 17 Extract from the National Native Title Register WCD2013/003 18.060366 126.235319

Then south-easterly back to the commencement point.

Data Reference and Sources:

Geographic Coordinates provided in Decimal Degrees

Cadastral Boundaries sourced from Landgate Spatial Cadastral Data dated 1st February 2013

Centrelines of rivers as defined by the National Native Title Tribunal and Native Title Spatial Services from digitized AUSLIG 1:250 000 georeferenced raster image.

Datum: Geocentric Datum of Australia (1994)

Prepared by: Native Title Spatial Services (Landgate) 20th May 2013.

Use of Co-ordinates: Where co-ordinates 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.

SCHEDULE TWO - ATTACHMENT ONE - MAPS OF THE DETERMINATION AREA

[See NNTR attachment 2: “Schedule Two – Maps of the Determination Area”]

SCHEDULE THREE - EXCLUSIVE NATIVE TITLE AREAS

Areas where native title comprises the rights set out in paragraph 5

The following land and waters (generally shown as shaded in yellow on the maps at Schedule Two):

Pastoral Leases to which section 47 of the Native Title Act applies:

Mt Pierre - Pastoral Lease 398/806 held by the Mt Pierre Pastoral Aboriginal Corporation

Bohemia Downs - Pastoral Lease 398/807 held by the Bohemia Downs Pastoral Aboriginal Corporation

Louisa Downs – Pastoral Lease 398/808 held by the Louisa Downs Pastoral Aboriginal Corporation

Freeholds, Leases and Reserves to which section 47A of the Native Title Act applies:

Certificate of Title 1798/462 held by the Marra Worra Worra Aboriginal Corporation;

Special Lease 3116/10113 held by the Ngumpan Aboriginal Corporation for the use and benefit of Aboriginal

National Native Title Tribunal Page 7 of 17 Extract from the National Native Title Register WCD2013/003 inhabitants;

Reserve 35197 for the Use and Benefit of Aboriginal People;

Reserve 39061 for the Use and Benefit of Aboriginal People;

Reserve 39301 for the Use and Benefit of Aboriginal People;

Reserve 40569 for the Use and Benefit of Aboriginal People;

Reserve 40570 for the Use and Benefit of Aboriginal People;

Reserve 42828 for the Use and Benefit of Aboriginal People;

Reserve 42951 for the Use and Benefit of Aboriginal People;

Reserve 43061 for the Use and Benefit of Aboriginal People.

Unallocated Crown Land to which section 47B of the Native Title Act applies:

UCL 1 and 2, which abut Mt Pierre and Louisa Downs Pastoral Leases to the north of the claim area.

SCHEDULE FOUR - NON - EXCLUSIVE NATIVE TITLE AREAS

Areas where native title comprises the rights set out in paragraph 6

The following land and waters (generally shown as shaded in pink on the maps at Schedule Two):

1. Pastoral Leases:

Portion of Pastoral Lease 3114/1248, Fossil Downs falling within the Determination Area

Portion of Pastoral Lease 3114/1257, Christmas Creek falling within the Determination Area

Portion of Pastoral Lease 3114/1263, Margaret River falling within the Determination Area

Portion of Pastoral Lease 398/800, Larrawa falling within the Determination Area

Portion of Pastoral Lease 398/810, Gogo Station falling within the Determination Area

2. Non-vested Reserves:

Reserve 1582 - Watering Place Blue Bush Swamp

Reserve 1583 - Watering Place Needle Eve Rocks

Reserve 1584 - Watering Place Minnie Pool

Reserve 1585 - Watering Place Louisa River

Reserve 1586 - Watering Place Morgan's Grove

Reserve 1587 - Watering Place Rocky Spring

Reserve 1588 - Watering Place Me No Savvy Spring

Reserve 2320 - Public Utility

National Native Title Tribunal Page 8 of 17 Extract from the National Native Title Register WCD2013/003 Reserve 22256 Stock Route – Margaret River to Wyndham

Reserve 23897 - Stock Route Fitzroy Crossing

3. Areas of Unallocated Crown Land

Water areas 1 – 13.

SCHEDULE FIVE - AREAS WHERE NATIVE TITLE DOES NOT EXIST

Part One – Freeholds, Vested Reserves and Public Works

Native title does not exist in the following land and waters. With the exception of those public works which are captured by the definition at paragraph 3.3 of Part One of this Schedule, all of the following areas are generally shown as shaded in green on the maps at Schedule Two:

1. Freeholds:

Certificate of Title 1888/954

Certificate of Title 1957/72

Certificate of Title 208/777

Certificate of Title 2209/994

Certificate of Title 2230/95

2. Vested Reserves:

Reserve 37150 for the purpose of Rubbish Disposal Site vested in the Shire of Derby/West Kimberley;

Reserve 37940 for the purpose of Parklands and Recreation vested in Shire of Derby/West Kimberley

Reserve 40827 for the purpose of Sewage Treatment Plant Site vested in Water Authority of Western Australia

Reserve 40971 for the purpose of Recreation and Foreshore Management vested in Shire of Derby/West Kimberley

Reserve 41508 for the purpose of Repeater Station Site vested in the Australian Telecommunications Commission

Reserve 41634 for the purpose of Quarry vested in the Commissioner of Main Roads

Reserve 41688 for the purpose of Repeater Station Site vested in the Australian Telecommunications Commission

Reserve 42077 for the purpose of Repeater Station Site vested in the Australian Telecommunications Commission

Reserve 42839 for the purpose of Quarry vested in the Commissioner of Main Roads

Reserve 42848 for the purpose of Quarry vested in the Commissioner of Main Roads

Reserve 42898 for the purpose of Gravel vested in the Commissioner of Main Roads

Reserve 42899 for the purpose of Gravel vested in the Commissioner of Main Roads

National Native Title Tribunal Page 9 of 17 Extract from the National Native Title Register WCD2013/003

3. The areas the subject of the following works:

3.1 Roads:

Road Number Description

Historical Road 2. All that part of the Great Northern Highway as shown on Cancelled Public Plans 503225 and 503232 and on the plan annexed to cancelled pastoral lease 190/1988.

Road 2 Road number 18995 (generally describable as a portion of the Great Northern Highway)

Road 3. All that road shown the Department of Lands and Surveys Plan no 16230 (generally describable as a portion of the Great Northern Highway).

Road 4. Road number 296 as declared to be a Main Road by Government Gazette of 17 October 1889 and shown on Cancelled Public Plans 503222 and 503229.

Road 5. Yurabi Road as shown on Deposited Plan 191930.

Road 6. Lot 101 on Deposited Plan 194802 (being a portion of Yurabi Road).

3.2 Other works

UCL 3 (Lot 321 of Deposited Plan 194802)

UCL 4 (Lot 334 of Deposited Plan 194802)

Telstra Corporation Limited's Pinnacles MW Repeater site, located at Latitude 18° 42' 16.507" South Longitude 125° 56' 26.337" East.

3.3 Public works

Any other public works as that expression is defined in the Native Title Act and the Titles (Validation) and Native Title (Effect of Past Acts) Act 1995 (WA) and to which section 12J of the Titles (Validation) and Native Title (Effect of Past Acts) Act 1995 (WA) or section 23C(2) of the Native Title Act applies, within the external boundary of the Determination Area including the land and waters defined in section 251D of the Native Title Act.

Part 2 – Pastoral Improvements

1. With respect to those Pastoral Leases set out at paragraph 1 of Schedule Four, native title rights and interests do not exist in respect of the following parts of the areas covered by those leases:

i. a homestead, house, sheds, buildings and electrical generation facilities;

ii. constructed airstrips;

National Native Title Tribunal Page 10 of 17 Extract from the National Native Title Register WCD2013/003 iii. bores, turkey nests, squatters' tanks, constructed dams or other constructed stock watering points;

iv. stockyards;

v. trap yards; and

vi. constructed roads.

The areas described by (i) to (vi) above comprise land on which the improvements have been constructed prior to the date of this determination, and any adjacent land or waters the exclusive use of which is necessary for the enjoyment of the improvements.

2. For the avoidance of doubt, Schedule Five, Part Two, paragraph 1 above does not preclude the possibility of further extinguishment, according to law, of native title over other limited parts of the Determination Area by reason of the construction of new pastoral improvements of the kind referred to in Schedule Five, Part 2, paragraph 1 after the date of this Determination.

SCHEDULE SIX - DESCRIPTION OF THE NATIVE TITLE HOLDERS

The Gooniyandi people, referred to in paragraph 4, are:

(a) the descendants of the following apical ancestors:

Dalbagbiya, Garlinhingi, Gooraloowa, Gurlgurl, Jagi, Jangooyool, Jinggili, Jinny Ngilmia, Joorgabidija, Kimberley Jarlamarra, Labayng, Lagena, Larry, Loombardji, Lungguda, Maggie Lai:zil, Malangarwin, Malanggiya, Mandowa, Milba, Milindi, Millie, Millie Wanbal, Ningali, Ningmia, Nundjun, Myoomooroo, Rhoda Mandhan, Tommy, Warrgi, Wilinyi, Wilirlman, Wirngarri, Yarraru, Yigi, Badigurayng, Budoornja Giligan, Lilly Campbell, Little Polly Dimananggal, Big Polly Dulangerlus, Brian Kimidi, Mabel Lawel, Maggie Magiji, Amy Mirringala, Mary Miyerri, Mamburu Nogood Billy, Kitty Smith, Wadgimili Sandy Smith, Tommy Thompson and Ned Wiyurru.

(b) Aboriginal persons who:

(i) self-identify as Gooniyandi; and

(ii) are recognised by other members of the Gooniyandi community as Gooniyandi under traditional law and custom.

SCHEDULE SEVEN - AREAS TO WHICH SECTIONS 47, 47A AND 47B NATIVE TITLE ACT 1993 (CTH) APPLY

Pastoral Leases to which section 47 of the Native Title Act applies:

Mt Pierre - Pastoral Lease 398/806 held by the Mt Pierre Pastoral Aboriginal Corporation

Bohemia Downs - Pastoral Lease 398/807 held by the Bohemia Downs Pastoral Aboriginal Corporation

Louisa Downs – Pastoral Lease 398/808 held by the Louisa Downs Pastoral Aboriginal Corporation

Freeholds, Leases and Reserves to which section 47A of the Native Title Act applies:

Certificate of Title 1798/462 held by the Marra Worra Worra Aboriginal Corporation;

Special Lease 3116/10113 to the Ngumpan Aboriginal Corporation for the use and benefit of Aboriginal

National Native Title Tribunal Page 11 of 17 Extract from the National Native Title Register WCD2013/003 inhabitants;

Reserve 35197 for the Use and Benefit of Aboriginal People;

Reserve 39061 for the Use and Benefit of Aboriginal People;

Reserve 39301 for the Use and Benefit of Aboriginal People;

Reserve 40569 for the Use and Benefit of Aboriginal People;

Reserve 40570 for the Use and Benefit of Aboriginal People;

Reserve 42828 for the Use and Benefit of Aboriginal People;

Reserve 42951 for the Use and Benefit of Aboriginal People;

Reserve 43061 for the Use and Benefit of Aboriginal People.

Unallocated Crown Land to which section 47B of the Native Title Act applies:

UCL 1 and 2, which abut Mt Pierre and Louisa Downs Pastoral Leases to the north of the claim area.

UCL entirely covered by GE H888432.

SCHEDULE EIGHT - OTHER INTERESTS

1. Pastoral Leases

Mt Pierre - Pastoral Lease 398/806 held by the Mt Pierre Pastoral Aboriginal Corporation

Bohemia Downs - Pastoral Lease 398/807 held by the Bohemia Downs Pastoral Aboriginal Corporation

Louisa Downs – Pastoral Lease 398/808 held by the Louisa Downs Pastoral Aboriginal Corporation

Portion of Pastoral Lease 3114/1248, Fossil Downs falling within the Determination Area

Portion of Pastoral Lease 3114/1257, Christmas Creek falling within the Determination Area

Portion of Pastoral Lease 3114/1263, Margaret River falling within the Determination Area

Portion of Pastoral Lease 398/800, Larrawa falling within the Determination Area

Portion of Pastoral Lease 398/810, Gogo Station falling within the Determination Area

2. Leases

Lease GE H888432 to the Commonwealth of Australia for the purpose of Radio, Television and Communications

3. Reserves

The interests of persons who have the care, control and management of the following reserves, and the interests of persons entitled to access and use these reserves for the respective purposes for which they are reserved, subject to any statutory limitations upon those rights:

Reserve 1582 - Watering Place Blue Bush Swamp

National Native Title Tribunal Page 12 of 17 Extract from the National Native Title Register WCD2013/003 Reserve 1583 - Watering Place Needle Eve Rocks

Reserve 1584 - Watering Place Minnie Pool

Reserve 1585 - Watering Place Louisa River

Reserve 1586 - Watering Place Morgan's Grove

Reserve 1587 - Watering Place Rocky Spring

Reserve 1588 - Watering Place Me No Savvy Spring

Reserve 2320 - Public Utility

Reserve 22256 for the purpose of Stock Route – Margaret River to Wyndham

Reserve 23897 - Stock Route Fitzroy Crossing

Reserve 35197 for the Use and Benefit of Aboriginal People;

Reserve 39061 for the Use and Benefit of Aboriginal People;

Reserve 39301 for the Use and Benefit of Aboriginal People;

Reserve 40569 for the Use and Benefit of Aboriginal People;

Reserve 40570 for the Use and Benefit of Aboriginal People;

Reserve 42828 for the Use and Benefit of Aboriginal People;

Reserve 42951 for the Use and Benefit of Aboriginal People;

Reserve 43061 for the Use and Benefit of Aboriginal People;

Reserve 45051 for the purpose of School Site; and

Reserve 45630 for the purpose of Radio Transmission Facility

4. Roads

1. "Portion of Yurabi Location 68 subject of Pastoral Lease 398/810 (Crown Lease 735/1994) Gogo Station (15.7079 hectares" as described by Government Gazette of 25 July 1997 and shown on Department of Land Administration Plan 19149.

5. The interests of persons holding leases over areas of the reserves identified in paragraph 3 above.

6. Existing petroleum interests under the Petroleum and Geothermal Energy Resources Act 1967 (WA)

Nature and number of interest Grantee Date of grant

Exploration Permit 453 Budside Pty Ltd and Pobelo Pty Ltd 18 January 2006

7. Existing Interests under the Mining Act 1978 (WA)

Tenement type and number Grantee Date of grant

General Purpose Leases

G04/17 Lennard Shelf Pty Ltd 8 March 1989

National Native Title Tribunal Page 13 of 17 Extract from the National Native Title Register WCD2013/003 G04/18 Lennard Shelf Pty Ltd 8 March 1989

Exploration Licences

E04/1649 Meridian (Lennard Shelf Project) Pty Ltd 05 November 2007

E04/1886 ASF Resources Ltd 28 October 2010

E04/1893 Meridian (Lennard Shelf Project) Pty Ltd 13 June 2011

E04/1894 Meridian (Lennard Shelf Project) Pty Ltd 18 April 2011

E04/1895 Meridian (Lennard Shelf Project) Pty Ltd 17 August 2011

E04/2020 MLG Oz Pty Ltd 28 December 2012

E04/2090 JML Resources Pty Ltd 02 March 2012

E80/4076 Richmond, William Robert 29 May 2012

E80/4218 Mincor Zinc Pty Ltd 22 November 2010

E80/4240 Meridian (Lennard Shelf Project) Pty Ltd 04 July 2011

E80/4251 Meridian (Lennard Shelf Project) Pty Ltd 25 November 2010

E80/4262 Heron Resources Limited 20 October 2010

E80/4279 Mincor Zinc Pty Ltd 22 November 2010

E80/4322 Kinloch Resources Pty Ltd 21 June 2011

E80/4346 Canning Basin Coal Pty Ltd 11 August 2011

E80/4384 Richmond, William Robert 17 May 2011

E80/4390 Mincor Zinc Pty Ltd 22 November 2010

E80/4461 Australian Mineral Mines Pty Ltd 12 August 2011

E80/4462 Australian Mineral Mines Pty Ltd 12 August 2011

E80/4504 Stansmore Resources Pty Ltd 08 June 2012

E80/4649 Massive Resources Pty Ltd 29 October 2012

E80/4656 Kimminco Pty Ltd 24 August 2012

E80/4673-I Massive Resources Pty Ltd 29 October 2012

E80/4712 Mincor Zinc Pty Ltd 18 February 2013

Mining Leases

M4/48 Arnold James Ramirez 03 December 1984

M4/118 Lennard Shelf Pty Ltd 03 April 1986

M4/134 Meridian (Lennard Shelf Project) Pty Ltd 17 March 1987

M4/135 Meridian (Lennard Shelf Project) Pty Ltd 17 March 1987

M4/136 Meridian (Lennard Shelf Project) Pty Ltd 17 March 1987

National Native Title Tribunal Page 14 of 17 Extract from the National Native Title Register WCD2013/003 M4/139 Meridian (Lennard Shelf Project) Pty Ltd 28 May 1987

M4/140 Meridian (Lennard Shelf Project) Pty Ltd 28 May 1987

M4/141 Meridian (Lennard Shelf Project) Pty Ltd 28 May 1987

M4/189 Meridian (Lennard Shelf Project) Pty Ltd 25 November 1988

M4/205 Lennard Shelf Pty Ltd 06 April 1989

M4/206 Lennard Shelf Pty Ltd 06 April 1989

M4/271 Meridian (Lennard Shelf Project) Pty Ltd 06 March 1992

M04/281 Geoffrey Reen 06 March 1992

M04/283 Meridian (Lennard Shelf Project) Pty Ltd 14 September 1993

M04/450 MLG Oz Pty Ltd 20 December 2012

M80/236 Holcim (Australia) Pty Ltd 02 May 1988

M80/270 Meridian (Lennard Shelf Project) Pty Ltd 19 April 1990

M80/323 Meridian (Lennard Shelf Project) Pty Ltd 24 June 1991

Miscellaneous Licences

L417 Lennard Shelf Pty Ltd 12 October 1994

L418 Lennard Shelf Pty Ltd 12 October 1994

L419 Lennard Shelf Pty Ltd 12 October 1994

L457 MLG Oz Pty Ltd 7 January 2013

Prospecting Licences

P04/243 Meridian Minerals Pty Limited 19 November 2010

8. Other Rights and Interests

(a) Rights and interests, including licences and permits, granted by the Crown in right of the Commonwealth or the State pursuant to statute or otherwise in the exercise of its executive power and under any regulations made pursuant to such legislation.

(b) Rights or interests held by reason of the force and operation of the laws of the State or of the Commonwealth including the force and operation of the Rights in Water and Irrigation Act 1914 (WA);

(c) Rights and interests of members of the public arising under the common law;

(d) The right to access land by:

(i) an employee or agent or instrumentality of the State;

(ii) an employee or agent or instrumentality of the Commonwealth;

(iii) an employee or agent or instrumentality of any local Government authority;

(iv) as required in the performance of his or her statutory or common law duties where such access would be permitted to private land.

National Native Title Tribunal Page 15 of 17 Extract from the National Native Title Register WCD2013/003 (e) Rights of any person to access and enjoy (subject to the laws of the State):

(i) any roads within the Determination Area existing as at the date of this determination where members of the public have access to such roads according to the common law;

(ii) Stock Routes.

(f) (i) Without limiting the operation of any other paragraph in Schedule Eight, but subject to paragraph (f)(ii), the rights of the holders from time to time of existing petroleum interests under the Petroleum and Geothermal Energy Resources Act 1967 (WA), petroleum pipelines under the Petroleum Pipelines Act 1969 (WA) and existing mining tenements under the Mining Act 1978 (WA) to use (including by servants, agents and contractors) such portion of the roads and tracks as are existing at the time of this Determination in the Determination Area as necessary in order to have access to the area subject to such petroleum, pipeline and mineral interests for the purposes of exercising the rights granted by those interests.

(g) So far as confirmed pursuant to section 14 of the Titles (Validation) and Native Title (Effect of Past Acts) Act 1995 (WA) as at the date of this Determination, any existing public access to and enjoyment of:

(i) waterways;

(ii) the beds and banks or foreshores of waterways;

(iii) stock routes; or

(iv) areas that were public places at the end of 31 December 1993.

(h) Any other:

(i) legal or equitable estate or interest in the land or waters; or

(ii) any other right (including a right under an option and a right of redemption), charge, power or privilege over, or in connection with:

(A) the land or waters; or

(B) an estate or interest in the land or waters; or

(iii) restriction on the use of the land or waters, whether or not annexed to other land or waters.

(i) The rights and interests of Telstra Corporation Limited:

(a) As the owner or operator of telecommunications facilities within the Determination Area;

(b) Created pursuant to the Post and Telegraph Act 1901 (Cth), the Telecommunications Act 1975 (Cth), the Australian Telecommunications Corporation Act 1989 (Cth), the Telecommunications Act 1991 (Cth) and the Telecommunications Act 1997 (Cth) including rights:

(i) to inspect land;

(ii) to install and operate telecommunications facilities; and

(iii) to alter, remove, replace, maintain, repair and ensure the proper functioning of its telecommunications facilities;

(c) to occupy its following optic fibre regenerator sites:

(i) Cadjebut site being an area of 600 square meters the centre point of which is at Latitude - 18º 37' 37 “South Longitude 125º 47' 13” East

(ii) Bohemia Downs site an area of 642 square meters the centre point of which is at Latitude -18º 45' 43 “South Longitude 126º 16' 55” East

(iii) Berrangi Creek site being an area of 600 square metres the centre point of which is at Latitude - 18º 45' 23 "South Longitude 126º 48' 51” East.

(d) For its employees, agents or contractors to access its telecommunications facilities in and in the vicinity

National Native Title Tribunal Page 16 of 17 Extract from the National Native Title Register WCD2013/003 of the Determination Area in performance of their duties; and

(e) Under any lease, licence or easement relating to its telecommunications facilities in the determination area.

REGISTER ATTACHMENTS: 1. Schedule Two - Maps of the Determination Area, 5 pages - A3, 19/06/2013

Note: The National Native Title Register may, in accordance with s. 195 of the Native Title Act 1993, contain confidential information that will not appear on the Extract.

National Native Title Tribunal Page 17 of 17 Extract from the National Native Title Register WCD2013/003