30 June 2006 2006 June 30 Commissioner Commissioner Aboriginal Land Aboriginal Report for the year ended ended year the for Report Aboriginal Land Rights (Northern Territory) Act 1976 Act Territory) (Northern Rights Land Aboriginal

Aboriginal Land Commissioner Report for year ended 30 June 2006 ABORIGINAL LAND RIGHTS (NORTHERN TERRITORY) ACT 1976

ABORIGINAL LAND COMMISSIONER

Report for the year ended 30 June 2006

Office of the Aboriginal Land Commissioner 9–11 Cavenagh Street DARWIN NT 0800 © Commonwealth of Australia 1999

ISSN 0728 8875

This work is copyright. Apart from any use as permitted under the Copyright Act 1968, no part may be reproduced by any process without prior written permission from the Commonwealth available from Ausinfo. Requests and inquiries concerning reproduction and rights should be addressed to the Manager, Legislative Services, Ausinfo, GPO Box 1920, GPO Canberra 2601.

Produced by the Department of Families, Community Services and Indigenous Affairs.

PRINTED BY: LG2 Designers, Canberra

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CONTENTS

Subject Page

Annual Report 1 Aboriginal Land Commissioner 1 Functions of the Commissioner 1 Administrative Arrangements 3 New Applications 3 Reports Outstanding 4 Incomplete Inquiries 4 Applications Withdrawn 4 Hearing Schedule 5 Aboriginal Land Rights (Northern Territory) Amendment Bill 2006 5 Details of Land Claim Applications 6 Sea Closure Applications 7 Expenditure Statement 7 Addendum 7

APPENDIX 1 – PART I Chronological list of applications 8 Table 1 – Reports submitted 19 Table 2 – Claims withdrawn or otherwise disposed of 23 Table 3 – Incomplete inquiries 26

APPENDIX 1 – PART II Alphabetical list of applications 32

APPENDIX 2 Expenditure Statement 42

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1

ABORIGINAL LAND RIGHTS (NORTHERN TERRITORY) ACT 1976

REPORT OF THE ABORIGINAL LAND COMMISSIONER FOR THE YEAR ENDED 30 JUNE 2006

ANNUAL REPORT

1. Section 61(1) of the Aboriginal Land Rights (Northern Territory) Act 1976 (the Act) provides that each Aboriginal Land Commissioner shall, as soon as practicable after 30 June in each year, prepare and furnish to the Minister a report of his operations during the year that ended on that date. This report has been prepared and is furnished to the Minister for Families, Community Services and Indigenous Affairs in compliance with s 61(1).

ABORIGINAL LAND COMMISSIONER

2. During the year under review the office of Aboriginal Land Commissioner has been held in an acting capacity by The Hon. Howard Olney AM QC who prior to 30 April 2003 had held the position on a substantive basis in his capacity as a Judge of the Federal Court of Australia. In May 2006 Mr Olney’s appointment as Acting Commissioner was renewed for a further 12 months.

3. Although the period of office of former Commissioner The Hon. Justice P.R.A. Gray expired on 24 October 1997, he is deemed to continue to hold the office of Commissioner for the purpose of completing the performance of a function under the Act commenced but not completed before the period of office expired (s 52(4)). Reference to such incomplete functions is made later in this report.

FUNCTIONS OF THE COMMISSIONER

4. The functions of the Commissioner are set out in s 50 of the Act. The principal functions are those prescribed by s 50(1)(a) namely, that on an application being made to the Commissioner by or on behalf of Aboriginals claiming to have a traditional land claim to an area of land in the Northern Territory, being unalienated Crown land or alienated Crown land in which all estates and interests not held by the Crown are held by or on behalf of Aboriginals, the Commissioner is required to:

(i) ascertain whether those Aboriginals or any other Aboriginals are the traditional Aboriginal owners of the land; and

(ii) report his findings to the Minister and to the Administrator of the Northern Territory, and where he finds that there are Aboriginals who are the traditional Aboriginal owners of the land, to make recommendations to the Minister for the granting of the land or any part of the land in accordance with s 11 and s 12. 2

5. In addition to the Commissioner’s primary function referred to above, s 50(1) identifies the following further functions, namely:

• to inquire into the likely extent of traditional land claims by Aboriginals to alienated Crown land and to report to the Minister and to the Administrator of the Northern Territory, from time to time, the results of his inquiries; (s 50(1)(b))

• to establish and maintain a register of the traditional land claims referred to in paragraph (b); (s 50(1)(c))

• to advise the Minister in connection with any other matter relevant to the operation of the Act that is referred to the Commissioner by the Minister; (s 50(1)(d))

• to advise the Minister and the Administrator of the Northern Territory in connection with any other matter relating to land in the Northern Territory that is referred to the Commissioner by the Minister with the concurrence of the Administrator of the Northern Territory. (s 50(1)(e))

6. Section 50(3) provides that in making a report in connection with a traditional land claim the Commissioner is required to comment on each of the following matters:

(a) the number of Aboriginals with traditional attachments to the land claimed who would be advantaged, and the nature and extent of the advantage that would accrue to those Aboriginals, if the claim were acceded to either in whole or in part;

(b) the detriment to persons or communities including other Aboriginal groups that might result if the claim were acceded to either in whole or in part;

(c) the effect which acceding to the claim either in whole or in part would have on the existing or proposed patterns of land usage in the region; and

(d) where the claim relates to alienated Crown land – the cost of acquiring the interests of persons (other than the Crown) in the land concerned.

7. The ability of the Commissioner to perform a function under s 50(1)(a) is restricted in a number of respects, notably by:

a) s 50(2A) which prohibits the Commissioner from performing a function in respect of an application made after the expiration of 10 years after the commencement of the subsection. Subsection (2A) commenced on 5 June 1987 and is frequently referred to as “the sunset clause”.

b) s 50(2B) which restricts the Commissioner’s capacity to perform a function under s 50(1)(a) in cases where an application relates 3

to land which has been the subject of an earlier report in which no recommendation has been made for the granting of title to that land. Applications to which subsection (2B) apply are frequently called “repeat claims”.

c) s 50(2C) which prohibits the Commissioner from performing a function in respect of an application relating to land in which it appears that an estate or interest is held by or on behalf of Aboriginals unless the Aboriginals who hold that estate or interest have, or the body which holds that estate or interest on their behalf has consented in writing to the making of the application.

d) s 50(2D) which prohibits the Commissioner from performing a function in respect of an application relating to land which prior to 1 March 1990 was reserved, dedicated or otherwise set aside under a law of the Northern Territory as a stock route or stock reserve other than a stock route or stock reserve that is, along each of its two longer boundaries, contiguous to land to which the application relates. Applications to which subsection (2D) applies are frequently referred to as “stock route claims”.

8. The Aboriginal Land Act (NT) confers upon the Aboriginal Land Commissioner the function of reporting to the Administrator of the Northern Territory in relation to sea closure applications referred by the Administrator to the Commissioner pursuant to section 12 of that Act. The Commissioner has not been required to perform any function in relation to a sea closure application in the year under review.

9. In addition to the obligation to furnish a report to the Minister each year the Commissioner is required to furnish to the Minister such additional reports as the Minister requires and may furnish such other reports as the Commissioner thinks fit (s 61(2)).

ADMINISTRATIVE ARRANGEMENTS

10. The Office of the Aboriginal Land Commissioner is situated at th7 floor, 9–11 Cavenagh Street, Darwin.

11. The position of Executive Officer to the Office of the Aboriginal Land Commissioner is held by Mr Robert Bird who has served in that role since 1988.

12. Recording and transcription services have been supplied under contracts negotiated on a case by case basis. These arrangements have proved to be satisfactory.

NEW APPLICATIONS

13. No new applications have been made since the sunset clause (s 50(2A)) took effect on 5 June 1997. 4

REPORTS OUTSTANDING

14. As at 30 June 2006 the only report outstanding in relation to a completed inquiry is in relation to the Alcoota Land Claim (No 146). The inquiry was originally commenced by the then Commissioner Justice Gray on 13 May 1996. The matter was delayed by a series of court proceedings which were finalized in 2004. The inquiry was ultimately concluded on 28 October 2004. Justice Gray is currently engaged in preparing his report.

INCOMPLETE INQUIRIES

15. Two inquiries commenced by Justice Gray during his term in office as the Commissioner have not been concluded. In the case of the Loves Creek Land Claim (No 143) agreement has been reached between the claimants and the Northern Territory government that the Minister be requested to arrange for the land to be added to Schedule 1 of the Act with a view to it being granted to Land Trust. Although the Office of the Aboriginal Land Commissioner has not been provided with any formal information it is understood that relevant surveys have been concluded and that resolution of the matter is likely to be achieved in the near future.

16. The second inquiry commenced by Justice Gray but not concluded is in relation to the Wangkangurru Land Claim (No 156). Evidence in the inquiry was concluded on 3 December 1997. It remains for the Central Land Council on behalf of the claimants to tender final written submissions before a report can be prepared. The Central Land Council (CLC) has indicated informally that it would like to negotiate settlement of the claim with the Northern Territory government but, so far as the Office of the Aboriginal Land Commissioner is aware, no action towards that end has been initiated.

17. In December 2004 in an endeavour to assist in the disposal of a number of unresolved applications made by the Northern Land Council (NLC), the Acting Commissioner initiated the formal commencement of inquiries in relation to eight traditional land claims. These are identified in paragraph 19 of the 2005 Annual Report. With the exception of the Avon Downs Region Land Claim (No 249) (to which reference is made below), and despite the holding of a number of callover hearings, no progress has been achieved. The NLC is not in a position to proceed with the applications and has been unable to give any indication of when, if at all, it will be ready to proceed.

APPLICATIONS WITHDRAWN

18. On 27 July 2005 the NLC, on behalf of the claimants, withdrew the application in the Myra Falls Region Land Claim (No 180). Although no explanation for the withdrawal accompanied the formal notice it had previously been pointed out to the NLC that the claimed land had in fact been vested in the Arnhem Land Aboriginal Trust since 30 May 1980. 5

19. The hearing of the Avon Downs Region Land Claim (No 249) was scheduled to commence on 14 September 2005 however, on 8 September 2005 the NLC, on behalf of the claimants, withdrew the application. The NLC advised that the application was withdrawn on the instructions of the claimants after consideration of the detriment material filed by the Northern Territory government. The claimants propose to pursue the possibility of securing a community living area under Northern Territory legislation.

20. The claimants in land claim No 157 withdrew their application on 4 June 2006. This application, which was also entitled Alcoota Land Claim, related to the same area of land that is the subject of the similarly named claim No 146. The applicants in claim No 157 had previously opposed the first application and it was their opposition to that application that gave rise to the court proceedings to which reference is made above.

HEARING SCHEDULE

21. The only application that was scheduled for hearing during the year under review was the Avon Downs Region Land Claim (No 249) which was withdrawn shortly before the hearing was due to commence. The Acting Commissioner has however conducted callover hearings in both Darwin and Alice Springs throughout the year in an endeavour to encourage the parties, where appropriate, to resolve claims by negotiation. There are at present at least 10 applications that are capable of resolution by this process.

22. Currently there are no claims scheduled for hearing during the 2006-2007 year. This situation may change in the event that amendments to the Act (to which reference is made below) become law.

ABORIGINAL LAND RIGHTS (NORTHERN TERRITORY) AMENDMENT BILL 2006

23. On 19 June 2006 a Bill for an Act to amend the Land Rights Act was passed by the House of Representatives and was later presented to the Senate for its concurrence. A number of provisions in the Bill will, if enacted, impact upon the future operations of the Commissioner.

24. At the present time the Commissioner has no power to force applicants to pursue their claims. Once an application has been lodged with the Commissioner the land owner (the Crown in relation to the Northern Territory) is unable to grant any estate or interest in the land, or to reserve, dedicate or set aside the land, unless and until the application is “finally disposed of”. The result is that there is no incentive for claimants (i.e. the major Land Councils) to research and present their claims. Of the claims presently unresolved, the most recent was lodged more than nine years ago, whilst the longest outstanding application dates back to 1978. The proposed amendments will enable the Commissioner to require that applicants make their claim material available within a timeframe determined by the Commissioner (being not less than six months) with the sanction that failure to comply may result in the application being treated as “finally disposed of”. 6

25. A number of applications in which claims are made to stock routes, to the intertidal zone and to the beds and banks of rivers will also be affected in the event of the proposed amendments being adopted.

DETAILS OF LAND CLAIM APPLICATIONS

26. In accordance with past practice, Appendix 1 to this report contains details of all applications that have been made under s 50(1)(a) of the Act. In Part I of the Appendix there is a list of applications in chronological order and in Part II there is an alphabetical list. The Tables which follow Part I are intended to show the current status of each application. The function of each Table is explained in the following paragraphs. A slightly different format has been adopted in this report in an endeavour to ensure that the information provided is meaningful. Some minor errors which appeared in previous reports have been corrected.

27. Table 1 lists the reports that have been submitted pursuant to s 50(1)(a)(ii) since the commencement of the Act. Seventy-nine applications have been the subject of reports. In three cases not all of the claimed land has been dealt with and those areas remain subject to claim.

28. Table 2 deals with 66 applications which have been wholly withdrawn or are not properly to be regarded as within the Commissioner’s jurisdiction. In some cases the claimed land does not fit the description in s 50(1)(a) and in some others the application duplicates a claim in another application which has been the subject of an inquiry, report and recommendation for a grant of title. Applications relating to claims to the seabed below the low water mark (designated as seabed claims) are included on the basis that current judicial opinion is that such land is not “land in the Northern Territory” and accordingly is not available to be claimed. In cases where the application has been withdrawn and the claimed land added to Schedule 1 of the Act, the number and date of the amending Act is shown. In each of such cases the land has subsequently been granted to a Land Trust. In a number of cases applications have been withdrawn in order to facilitate the granting of title pursuant to Northern Territory legislation.

29. Table 3 lists 107 applications which have not been wholly disposed of. The third column of the Table identifies the nature and status of the claimed land. Applications in respect of which the Commissioner is unable to perform any function by virtue of subsections (2B), (2C) or (2D) of s 50 are included, as are applications which relate to land held by the Northern Territory Land Corporation (NTLC) and the Conservation Land Corporation (ConLC). It should be noted that although current judicial opinion is that neither the NTLC nor the ConLC is properly to be regarded as “the Crown” or an instrumentality of the Crown (and thus land held by those corporations would not be Crown land for the purposes of the Act), the NLC and CLC have from time to time asserted that in at least some (albeit unspecified) cases the vesting of land in the corporations is, or may be, defective for one or other of a number of reasons including procedural irregularity or improper purpose. The only instance in which these assertions have been tested is in relation to the Billengarrah Land Claim (No 175) to which reference is made in numerous previous Annual Reports, most recently at paragraphs 11–13 of 7

the 2005 Report. As each case must be dealt with on its own particular facts, it is not possible to assert with any certainty that all claims to NTLC and ConLC land are invalid. At the present no request has been made by either the Land Councils or the Northern Territory government for the status of any particular area of NTLC or ConLC land to be determined.

SEA CLOSURE CLAIMS

30. Information in respect of sea closure applications referred to an Aboriginal Land Commissioner by the Administrator of the Northern Territory pursuant to s 12 of the Aboriginal Land Act (NT) has been provided in previous Annual Reports. As there has been no change in the information provided for over 18 years it is not proposed to repeat the previously published details in this report.

EXPENDITURE STATEMENT

31. The expenditure of the Office of the Aboriginal Land Commissioner is included in the financial statements relating to the Office of Indigenous Policy Co-ordination (OIPC) (presently within the Department of Families, Community Services and Indigenous Affairs but previously within the Department of Immigration and Multicultural and Indigenous Affairs) and is submitted to the Minister under subsections 63(2) and 70(2) of the Public Service Act 1999, and to the Finance Minister under s 50 of the Financial Management and Accountability Act 1997, and as such are subject to scrutiny through the Senate Estimates Committee process. A financial statement in respect of the funding of the operations of the Aboriginal Land Commissioner for the year ended 30 June 2006 appears in Appendix 2. The information has been supplied by OIPC and has not been verified by the Aboriginal Land Commissioner.

ADDENDUM

32. Since the above report was prepared the Federal Parliament has passed the Aboriginal Land Rights (Northern Territory) Act 2006 in essentially the same terms (so far as the functions of the Commissioner are affected) as the Bill referred to in paragraph 23. The Acting Commissioner is currently assessing what steps are required in order to give proper effect to the amendments. 8

APPENDIX 1

PART I

APPLICATIONS MADE PURSUANT TO s 50(1)(a) IN CHRONOLOGICAL ORDER

NLC – Northern Land Council CLC – Central Land Council OTHER – Applications made otherwise than by a land council

Application Table Report Name of Claim Date Received No/ No Land Council

1/NLC 1 1 Borroloola 27 July 1977 2/CLC 1 2 Warlpiri and Kartangarurru- 16 August 1977 Kurintji 3/CLC 1 3 Alyawarra and Kaititja 19 August 1977 4/NLC 2 Alligator Rivers Region 31 March 1978 5/NLC 1 8 Limmen Bight 30 March 1978 6/NLC 2 Cobourg Peninsula 31 March 1978 7/NLC 1 13 Daly River (Malak Malak) 31 March 1978 8/NLC 2 Gregory Tree Area (Victoria 31 March 1978 River) 9/NLC 3 Vernon Islands (Larrakeyah) 31 March 1978 10/NLC 2 Limilngan-Wulna (Lower 31 March 1978 Adelaide and Mary Rivers) 11/NLC 1 37 Douglas (Wagaman) 31 March 1978 12/NLC 1 37 Umbrawarra Gorge-Jindare 31 March 1978 (Wagaman) 13/NLC 1 27 Jawoyn (Katherine Area) 31 March 1978 14/NLC 1 18 Cox River (Alawa/Ngandji) 26 April 1978 15/NLC 1 25 Murranji 26 April 1978 16/NLC 2 Wombaya 26 April 1978 17/NLC 1 5 Yingawunarri (Old Top 4 May 1978 Springs) Mudbura 18/NLC 2 Dum-in-Mirrie Island 29 June 1978 9

Application Table Report Name of Claim Date Received No/ No Land Council

19/NLC 1 10 Alligator Rivers Stage II 27 July 1978 20/NLC 1 17 Nicholson River (Wannyi/ 16 October 1978 Garawa) 21/NLC 1 6 Anmatjirra and Alyawarra 20 November 1978 (Utopia Pastoral Lease) 22/CLC 1 31 Warumungu 20 November 1978 Application Table Report Name of Claim Date Received No/ No 23/CLC 1 26 Tjilla Warlpiri (Chilla Well 20 November 1978 Land Council Pastoral Lease) 24/CLC 1 7 Lander Warlpiri Anmatjirra 20 November 1978 (Willowra Pastoral Lease) 25/NLC 1 14 Kaytej, Warlpiri and 20 November 1978 Warlmanpa 26/CLC 1 11 Warlmanpa, Warlpiri, Mudbura 20 November 1978 and Warumungu 27/CLC 2 Kartangarurru, Warlpiri and 20 November 1978 Walmajeri 28/CLC 1 4 Lake Amadeus/Luritja 1 December 1978 29/CLC 1 4 Uluru (Ayers Rock) National 29 January 1979 Park and Lake Amadeus/Luritja 30/NLC 1 49 Warnarrwarnarr-Barranyi 25 January 1979 (Borroloola No 2) 31/NLC 1 30 Kidman Springs/Jasper Gorge 6 February 1979 32/NLC 1 37 Upper Daly 9 February 1979 33/CLC 1 12 & 20 Gurindji (Daguragu Station) 26 February 1979 34/CLC 2 Borroloola No 3 5 March 1979 35/NLC 3 Larrimah 12 March 1979 36/NLC 1 15 Yutpundji-Djindiwirritj 15 March 1979 (Roper Bar) 37/NLC 1 59 Kenbi (Cox Peninsula) 22 March 1979 38/CLC 1 24 Ti Tree Pastoral Lease 5 July 1979 39/NLC 1 9 Finniss River 20 July 1979 40/CLC 1 19 Mount Allan Station 2 November 1979 10

Application Table Report Name of Claim Date Received No/ No Land Council

41/CLC 3 Simpson Desert 19 February 1980 42/CLC 1 34 Wakaya/Alyawarre 24 March 1980 43/CLC 1 38 Western Desert 5 June 1980 44/CLC 1 28 Lake Amadeus 18 June 1980 45/NLC 1 46 Amanbidji 20 August 1980 46/CLC 1 23 Warlpiri, Kukatja and Ngarti 21 August 1980 47/CLC 2 Ormiston Gorge 21 August 1980 48/CLC 1 57 Palm Valley 22 August 1980 49/CLC 2 Simpsons Gap 22 August 1980 50/CLC 2 Tarlton Downs 22 August 1980 51/CLC 3 Ooratippra 22 August 1980 52/CLC 2 Ammaroo 22 August 1980 53/CLC 2 Hugh River Stock Route 22 August 1980 54/NLC 2 Beetaloo 18 September 1980 55/NLC 2 St Vidgeon Pastoral Lease 10 June 1981 56/NLC 2 Eva Valley Pastoral Lease 10 June 1981 57/CLC 1 22 Mount Barkly Station 12 June 1981 58/NLC 1 21 Timber Creek 28 July 1981 59/CLC 2 Illamurta Springs 12 August 1981 60/CLC 3 Amburla Stock Route 13 August 1981 61/CLC 3 Undoolya Bore Reserve 7 September 1981 62/CLC 3 McGrath Dam Stock Reserve 7 September 1981 and Stock Route 63/CLC 2 Middleton Ponds Stock Route 28 October 1981 64/CLC 3 Frances Well 6 November 1981 65/NLC 1 33 Garawa/Mugularrangu 15 October 1982 (Robinson River) 66/NLC 3 Mittiebah Reserve 22 April 1983 67/CLC 1 39 Finke 14 November 1983 11

Application Table Report Name of Claim Date Received No/ No Land Council

68/NLC 1 67 Lower Daly 16 November 1983 69/NLC 1 29 Mataranka Area 16 November 1983 70/NLC 1 65 Lower Roper River 16 November 1983 71/NLC 1 61 Maria Island and Limmen 16 November 1983 Bight River 72/NLC 2 McArthur River 16 November 1983 73/NLC 2 Newcastle Waters Area 16 November 1983 74/NLC 3 Anthony Lagoon Area 16 November 1983 75/NLC 3 Manangoora Area 16 November 1983 76/NLC 3 Wickham River 18 November 1983 77/CLC 2 Goyder Stock Route and Stock 14 March 1984 Reserves 78/NLC 2 Delamere 26 March 1984 79/CLC 1 43 Yurrkuru (Brookes Soak) 4 June 1984 80/CLC 1 44 Harts Range 4 June 1984 81/CLC 2 Southern Stock Route 4 June 1984 (Horseshoe Bend) 82/CLC 3 Jervois Stock Route 4 June 1984 83/CLC 3 North West Stock Route 4 June 1984 (Mt Doreen) 84/CLC 3 North South Stock Route 4 June 1984 (Aileron and Yambah) 85/CLC 3 North South Stock Route (Pine 4 June 1984 Hill to Neutral Junction) 86/CLC 3 North South Stock Route 4 June 1984 (Neutral Junction and Singleton) 87/CLC 2 North West Stock Route 4 June 1984 (Napperby) 88/CLC 3 Phillipson Stock Route (Jinka 4 June 1984 to Loves Creek) 12

Application Table Report Name of Claim Date Received No/ No Land Council

89/CLC 3 Phillipson Stock Route (Deep 4 June 1984 Well to Todd River) 90/CLC 3 Sandover Stock Route (Bond 4 June 1984 Springs and Yambah) 91/CLC 2 Wycliffe Well 4 June 1984 92/CLC 1 35 Coolibah and Wave Hill Stock 2 July 1984 Routes (Victoria River Downs) 93/Other 3 Ngombur (Repeat) 23 November 1984 94/NLC 2 Eva Valley 20 February 1985 95/CLC 1 32 McLaren Creek 19 April 1985 96/NLC 2 Dry River and Coolibah Stock 2 August 1985 Routes – Manbullo Area 97/CLC 3 Barkly, South Barkly and 2 August 1985 Ranken Stock Routes (Wakaya Alyawarra) 98/NLC 3 Murranji and Dry River Stock 2 August 1985 Routes (Mudburra) 99/NLC 1 35 Bilinara (Coolibah – Wave Hill 2 August 1985 Stock Routes) 100/NLC 3 Urapunga Stock Route 2 August 1985 101/NLC 2 South Barkly Stock Route 2 August 1985 (Alroy Downs) 102/NLC 3 Barkly Stock Route (Brunette 2 August 1985 Downs) 103/NLC 3 Auvergne Stock Route 2 August 1985 (Miriwung) 104/NLC 3 Auvergne Stock Route 2 August 1985 (Ngarinman/Ngaliwurru) 105/NLC 1 35 Wave Hill Stock Route 2 August 1985 (Ngarinman) 106/CLC 3 Crown Hill 23 April 1986 107/NLC 1 36 Stokes Range 20 June 1986 108/CLC 2 Wampana 2 July 1986 13

Application Table Report Name of Claim Date Received Application Table Report Name of Claim Date Received No/ No No/ No Land Council Land Council

109/NLC 2 Borroloola Stock Route 1 May 1987 110/CLC 3 Hugh River Stock Route 5 May 1987 (Henbury and Orange Creek) 111/NLC 1 & 3 48 Alligator Rivers Area III 26 June 1987 (Gimbat and Goodparla) 112/NLC 2 Jawoyn (Werrenbun and 4 January 1988 Barnjarn) 113/NLC 2 Jawoyn (Werrenbun and 27 June 1988 Barnjarn) 114/CLC 2 Kanturrpa/Kanttaji 19 July 1988 115/CLC 3 Warumungu/Wakaya (Repeat) 19 July 1988 116/CLC 2 Frewena 4 August 1988 117/CLC 2 South West Island 5 September 1988 118/NLC 3 North South Stock Route 12 September 1988 (Banka Banka) 119/NLC 3 North South Stock Route 7 October 1988 (Helen Springs) 120/CLC 3 Wakaya/Alyawarre (No 2) 17 October 1988 121/CLC 1 45 Simpson Desert Area 2 (Atula) 16 January 1989 122/NLC 3 Kakadu (Jim Jim) Area 18 April 1989 123/NLC 3 Auvergne Stock Route and 18 April 1989 Coolibah Stock Route 124/CLC 1 42 Tanami Downs 19 June 1989 125/NLC 2 Kybrook 27 July 1989 126/CLC 1 41 North-West Simpson Desert 20 December 1989 127/NLC 3 Kenbi (Cox Peninsular 9 March 1990 – Section 12) 128/NLC 2 Upper Daly (Repeat) 24 April 1990 129/NLC 1 68 Mataranka Area 17 May 1990 (NT Portion 916) 130/CLC 3 Wakaya Alyawarre (Repeat) 25 June 1990 14

Application Table Report Name of Claim Date Received No/ No Land Council

131/NLC 2 Kenbi (Cox Peninsula) 25 February 1991 (Repeat) 132/NLC 1 52 Elsey 17 July 1991 133/CLC 1 50 Malngin and Nyinin Claim to 17 September 1991 Mistake Creek 134/CLC 1 45 North Simpson Desert 7 August 1991 135/NLC 1 51 Warlmanpa (Muckaty Pastoral 20 December 1991 Lease) 136/CLC 2 Urrpantyenye (Repeat) 27 December 1991 137/NLC 1 47 Ngaliwurru/Nungali (Fitzroy 25 March 1992 Pastoral Lease) 138/CLC 2 Warupunju 15 April 1992 139/NLC 2 Hodgson Downs Pastoral Lease 8 May 1992 140/NLC 1 47 Victoria River (Bed and Banks) 25 June 1992 141/NLC 1 68 Western Roper River (Bed and 25 June 1992 Banks) 142/NLC 1 48 Alligator Rivers Area III 14 August 1992 (Gimbat Resumption – Waterfall Creek) (No 2) Repeat 143/CLC 3 Loves Creek 27 November 1992 144/CLC 3 Central Simpson Desert 16 December 1992 (Repeat) 145/CLC 2 Lake Amadeus (Repeat) 2 January 1993 146/CLC 3 Alcoota 18 March 1993 147/CLC 1 53 Tempe Downs and Middleton 9 December 1993 Ponds/Luritja 148/CLC 2 Western Desert (South) Repeat 29 July 1994 149/CLC 2 Brumby Downs Station 12 August 1994 150/NLC 2 Bauhinia Downs 27 September 1994 151/NLC 3 Yirwalalay 21 November 1994 152/NLC 2 Lungkurrangayi 30 November 1994 15

Application Table Report Name of Claim Date Received Application Table Report Name of Claim Date Received No/ No No/ No Land Council Land Council

153/NLC 3 Port Patterson Islands 24 August 1995 154/CLC 1 54 Central Mount Wedge 28 September 1995 155/NLC 3 Wulna (NTP 2001) 27 March 1996 156/CLC 3 Wangkangurru 1 May 1996 157/Other 2 Alcoota 16 May 1996 158/NLC 2 Innesvale 22 May 1996 159/NLC 1 60 Urapunga 4 October 1996 160/NLC 1 55 Carpentaria Downs/Balbarini 12 November 1996 161/NLC 1 58 Barrow Creek (Kaytetye) 20 December 1996 162/NLC 3 Wildman River 23 January 1997 163/NLC 1 56 Roper Valley (Kewulyi) 28 April 1997 164/NLC 1 68 Roper Valley Area 29 May 1997 165/NLC 2 Wollogorang Area 29 May 1997 166/NLC 2 Brunette Downs Area 29 May 1997 167/NLC 3 Gregory National Park/Victoria 29 May 1997 River 168/NLC 3 Scott Creek Region 29 May 1997 169/NLC 3 Litchfield Region 29 May 1997 170/NLC 3 Mount Bundy Region 29 May 1997 171/NLC 3 Anthony Lagoon and Cresswell 29 May 1997 Downs (unnamed stock route) 172/NLC 3 Daly River Region 29 May 1997 173/NLC 3 Larrimah Area 29 May 1997 174/NLC 3 Gregory National Park II 29 May 1997 175/NLC 2 Billengarrah 29 May 1997 176/NLC 3 Dry River Stock Route 29 May 1997 177/NLC 3 Fish River Region 29 May 1997 178/NLC 1 64 Garrwa (Wearyan and 29 May 1997 Robinson River Beds and Banks) 16

Application Table Report Name of Claim Date Received No/ No Land Council

179/NLC 3 Kakadu Region (Repeat) 29 May 1997 180/NLC 2 Myra Falls Region 29 May 1997 181/NLC 3 Murranji Stock Route 29 May 1997 (Murranji Pastoral Lease) 182/NLC 3 Ban Ban Springs Area 29 May 1997 183/NLC 3 Douglas/Daly River Region 29 May 1997 184/NLC 1 + 3 62 McArthur River Region 29 May 1997 185/NLC 1 62 + 66 Manangoora Region 29 May 1997 186/NLC 1 66 Seven Emu Region 29 May 1997 187/NLC 1 66 Wollogorang Area II 29 May 1997 188/NLC 3 Legune Area 29 May 1997 189/NLC 3 Fitzmaurice River Region 29 May 1997 190/NLC 3 Peron Islands Area 29 May 1997 191/NLC 2 Beagle Gulf Area 29 May 1997 192/NLC 3 Woolner/Mary River Region 29 May 1997 193/NLC 2 Cobourg Peninsula Region 29 May 1997 194/NLC 2 Maningrida Area 29 May 1997 195/NLC 2 Milingimbi Area 29 May 1997 196/NLC 2 Galiwinku/Wessel Islands 29 May 1997 Region 197/NLC 2 Gove/Groote Region 29 May 1997 198/NLC 1 + 3 61 + 63 Maria Island Region 29 May 1997 199/NLC 1 63 Lorella Region 29 May 1997 200/CLC 3 Watarrka 4 June 1997 201/CLC 3 Ewaninga 4 June 1997 202/CLC 3 Corroboree Rock 4 June 1997 203/CLC 3 Devil’s Marbles 4 June 1997 204/CLC 3 M’Dhala Gorge 4 June 1997 205/CLC 3 West Macdonnell 4 June 1997 17

Application Table Report Name of Claim Date Received Application Table Report Name of Claim Date Received No/ No No/ No Land Council Land Council

206/CLC 3 Limestone Bore 4 June 1997 (NT Portion 3910) 207/CLC 2 Tjulu 4 June 1997 208/CLC 3 Finke Gorge 4 June 1997 209/CLC 3 Dulcie Range 4 June 1997 210/CLC 3 Mount Sanford 4 June 1997 211/CLC 3 Davenport Range 4 June 1997 212/CLC 3 Emily & Jessie Gaps 4 June 1997 213/CLC 3 Ruby Gorge 4 June 1997 214/CLC 3 Acacia Peuce 4 June 1997 215/CLC 3 Chambers Pillar 4 June 1997 216/CLC 3 Rainbow Valley 4 June 1997 217/CLC 3 Trephina 4 June 1997 218/CLC 3 Arltunga 4 June 1997 219/CLC 2 Central Mount Wedge 4 June 1997 (Supplementary) 220/CLC 3 Wangkangurru 4 June 1997 (Supplementary) 221/CLC 3 Palm Valley (Supplementary) 4 June 1997 222/CLC 3 Alcoota (Supplementary) 4 June 1997 223/CLC 3 Alcoota Locality 4 June 1997 (NT Portion 3790 and 4075) 224/CLC 2 Tempe Downs & Middleton 4 June 1997 Ponds (Supplementary) 225/CLC 3 Loves Creek (Supplementary) 4 June 1997 226/CLC 3 Mbungara 4 June 1997 227/CLC 2 Nurrku 4 June 1997 228/CLC 3 Barry Caves Roadhouse Site 4 June 1997 229/CLC 3 Tennant Creek Area 4 June 1997 (NT Portion 2341) 18

Application Table Report Name of Claim Date Received No/ No Land Council

230/CLC 3 McLaren Creek Area 4 June 1997 231/CLC 3 Howard’s Paddock 4 June 1997 232/CLC 3 Rocky Hill 4 June 1997 233/CLC 3 Kulgera Area 4 June 1997 234/Other 2 Duwun 1, 2 and 3 4 June 1997 235/NLC 3 Daly River Region II 4 June 1997 236/NLC 2 Groote Island Region 4 June 1997 237/NLC 3 Finniss River Region 4 June 1997 238/NLC 3 Coomalie Shire/Deepwater 4 June 1997 Area 239/NLC 3 Mataranka Region II 4 June 1997 240/NLC 3 Katherine Region 4 June 1997 241/NLC 2 Belyuen Area 4 June 1997 242/NLC 3 Fergusson River to Adelaide 4 June 1997 River Area 243/NLC 3 Adelaide River to Darwin Area 4 June 1997 244/NLC 3 Katherine Region III 4 June 1997 245/NLC 1 68 Elsey Region 4 June 1997 246/NLC 3 Katherine Region II 4 June 1997 247/NLC 3 Larrimah to Mataranka Area 4 June 1997 248/NLC 3 Mataranka to Fergusson River 4 June 1997 Area 249/NLC 2 Avon Downs Region 4 June 1997 19

Application Table Report Name of Claim Date Received TABLE 1 No/ No Land Council Applications in respect of which a report has been submitted pursuant to s.50 (1)(a)(ii)

Report Application Name of Claim Report Submitted No No

1 1 Borroloola 3 March 1978 2 2 Warlpiri and Kartangarurru-Kurintji 4 August 1978 3 3 Alyawarra and Kaititja 30 November 1978 4 (29 Uluru (Ayers Rock) National Park and 31 August 1979 (28 Lake Amadeus/Luritja 5 17 Yingawunarri (Old Top Springs) 19 October 1979 Mudbura 6 21 Anmatjirra and Alyawarra (Utopia P.L.) 30 May 1980 7 24 Lander Warlpiri Anmatjirra 30 June 1980 (Willowra P.L.) 8 5 Limmen Bight 30 December 1980 9 39 Finniss River 22 May 1981 10 19 Alligator Rivers Stage II 2 July 1981 11 26 Warlmanpa, Warlpiri, Mudburra and 30 September 1981 Warumungu 12 33 Gurindji (Daguragu Station) 18 November 1981 13 7 Daly River (Malak Malak) 12 March 1982 14 25 Kaytej, Warlpiri and Warlmanpa 26 March 1982 15 36 Yutpundji-Djindiwirritj (Roper Bar) 31 March 1982 16 Note 1 17 20 Nicholson River (Waanyi/Garawa) 26 July 1984 18 14 Cox River (Alawa/Ngandji) 20 November 1984 19 40 Mount Allan Station 14 March 1985 20 33 Gurindji (Daguragu Station) - April 1985 21 58 Timber Creek 19 April 1985 22 57 Mount Barkly Station 30 May 1985 23 46 Warlpiri, Kukatja and Ngarti 18 June 1985 20

Report Application Name of Claim Report Submitted No No

24 38 Ti Tree Pastoral Lease 30 May 1986 25 15 Murranji 7 October 1986 27 13 Jawoyn (Katherine Area) 6 October 1987 28 44 Lake Amadeus 23 June 1988 29 69 Mataranka Area 14 December 1988 30 31 Kidman Springs/Jasper Gorge 31 March 1989 31 22 Warumungu 8 July 1988 32 95 McLaren Creek 28 February 1990 33 65 Garawa/Mugularrangu (Robinson River) 14 March 1990 34 42 Wakaya/Alyawarre 8 May 1990 35 (92 Coolibah & Wave Hill Stock Routes 21 June 1990 (99 (Victoria River Downs) (105 Bilinara (Coolibah-Wave Hill Stock Routes) Wave Hill Stock Route (Ngariman) 36 107 Stokes Range 28 June 1990 37 Note 2 (11 Upper Daly Vol 1 10 August 1989 (12 Vol 2 8 February 1990 (32 Vol 3 22 March 1990 38 43 Western Desert 20 September 1990 39 67 Finke 31 October 1990 40 Note 3 37 Kenbi (Cox Peninsula) 21 February 1991 41 126 North-West Simpson Desert 6 September 1991 42 124 Tanami Downs 30 March 1992 43 79 Yurrkuru (Brookes Soak) 10 April 1992 44 80 Harts Range 20 May 1992 45 (121 Simpson Desert Area 2 (Atula) (134 North Simpson Desert 29 September 1992 46 45 Amanbidji 9 October 1992 47 (137 Ngaliwurru/Nungali (Fitzroy P.L.) (140 Victoria River (Bed and Banks) 22 December 1993 21

Report Application Name of Claim Report Submitted No No

48 Note 4 (111 Jawoyn (Gimbat Area) (142 Alligator Rivers Area III (Gimbat Resumption-Waterfall Creek) (No 2) Repeat 28 June 1995 49 Note 5 30 Warnarrwarnarr-Barranyi (Borroloola 26 March 1996 No 2) 50 133 Malngin and Nyinin Claim to Mistake 16 June 1996 Creek 51 135 Warlmanpa (Muckaty P.L.) 18 March 1997 52 132 Elsey 27 November 1997 53 147 Tempe Downs and Middleton Ponds/ 20 March 1998 Luritja 54 154 Central Mount Wedge 31 March 1998 55 160 Carpentaria Downs/Balbarini 27 January 1999 56 163 Roper Valley (Kewulyi) 13 May 1999 57 48 Palm Valley 13 August 1999 58 161 Barrow Creek (Kaytetye) 16 December 1999 59 37 Kenbi (Cox Peninsula) 12 December 2000 60 159 Urapunga 7 June 2001 61 Note 6 (71 Maria Island and Limmen Bight River (198 Maria Island Region (part) 28 March 2002 62 Note 6 (184 McArthur River Region (185 Manangoora Region (part) 15 March 2002 63 Note 6 (199 Lorella Region (198 Maria Island Region (part) 18 June 2002 64 178 Garrwa (Wearyan and Robinson Rivers Beds and Banks) 30 July 2002 65 70 Lower Roper River 7 March 2003 66 (186 Seven Emu Region (187 Wollogorang Area II (185 Manangoora Region (part) 17 April 2003 67 68 Lower Daly 30 April 2003 22

Report Application Name of Claim Report Submitted No No

68 Upper Roper River Land Claims 24 March 2004 (129 comprising: (141 Mataranka Region (NTP 916) (164 Western Roper River (Bed and Banks) (245 Roper Valley Area Elsey Region

Note 1: Report 16 contains 7 decisions on procedural and jurisdictional issues arising in application No 37 (Kenbi (Cox Peninsula)) between 1979 and 1981.

Note 2: Applications No 11 (Douglas (Wagaman)) and No 12 (Umbrawarra Gorge- Jindare (Wagaman)) were amalgamated with application No 32 and reported on in report No 37 under the name of Upper Daly Land Claim which was furnished in 3 volumes published on the respective dates indicated.

Note 3: Application No 18 (Dum-in-Mirrie Island) has been amalgamated with application No 37 (Kenbi (Cox Peninsula)). Report No 40 was set aside by the Federal Court of Australia (See Northern Land Council v Aboriginal Land Commissioner (1992) 105 ALR 539). The application has since been the subject of report No 59.

Note 4: Application No 111 is a claim to two adjacent former pastoral properties known as Gimbat and Goodparla. The inquiry in relation to Goodparla was adjourned for hearing at a later date. In Report No 48 the part of the claim in application No 111 dealt with is described as the Jawoyn (Gimbat Area) Land Claim.

Note 5: The land recommended for grant in report No 49 includes the whole of the land claimed in applications No 34 (Borroloola No 3) and No 117 (South West Island).

Note 6: Applications Nos 184 and 198 claim other areas which are not dealt with in Reports Nos 61, 62 and 63. 23

TABLE 2

Applications which have been withdrawn or otherwise disposed of without an inquiry.

Application Name of claim Method of Disposal No

4 Alligator Rivers Region Note 1 6 Cobourg Peninsula Note 2 8 Gregory Tree Area (Victoria River) Withdrawn 24 July 1978 10 Limilngan-Wulna (Lower Adelaide & Mary Rivers) Withdrawn 14 March 1996 16 Wombaya Withdrawn 18 January 1991 18 Dum-in-Mirrie Island See Table 1; Note 3 27 Kartangarurru, Warlpiri and Walmajeri Schedule 1; No.117 of 1997 34 Borroloola (No 3) Note 3 47 Ormiston Gorge Withdrawn 27 February 1992 49 Simpsons Gap Withdrawn 27 February 1992 50 Tarlton Downs Schedule 1, No 2 of 1990 52 Ammaroo Schedule 1, No 2 of 1990 53 Hugh River Stock Route Schedule 1, No 2 of 1990 54 Beetaloo s 50(2C) applies. Consent refused 55 St Vidgeon Pastoral Lease Not available for claim 56 Eva Valley Pastoral Lease Not available for claim 59 Illamurta Springs Withdrawn 27 February 1992 63 Middleton Ponds Stock Route Withdrawn 6 March 1995 72 McArthur River Note 4 73 Newcastle Waters Area Schedule 1, No 2 of 1990 (Part). Withdrawn 27 September 1989 (Part) 77 Goyder Stock Route and Stock Reserves Withdrawn 20 July 1990 78 Delamere Withdrawn 12 October 1990 24

Application Name of claim Method of Disposal No

81 Southern Stock Route (Horseshoe Bend) Withdrawn 3 September 1984 87 North West Stock Route (Napperby) Withdrawn 3 September 1984 91 Wycliffe Well Schedule 1, No 2 of 1990 94 Eva Valley Schedule 1, No 6 of 1993 96 Dry River and Coolibah Stock Routes Manbullo Area Withdrawn 9 November 1989 101 South Barkly Stock Route (Alroy Downs) Withdrawn 1 September 1989 108 Wampana Schedule 1, No 66 of 1994 109 Borroloola Stock Route Withdrawn 25 July 1988 112 Jawoyn (Werrenbun and Barnjarn) Withdrawn 30 June 1993 113 Jawoyn (Werrenbun and Barnjarn) Withdrawn 30 June 1993 114 Kanturrpa/Kanttaji Schedule 1, No 6 of 1993 116 Frewena Withdrawn 16 June 2000 117 South West Island Note 3 125 Kybrook Withdrawn 8 March 2000 128 Upper Daly (Repeat) Schedule 1, No 99 of 2002 131 Kenbi (Cox Peninsula) (Repeat) Withdrawn 18 April 1991 136 Urrpantyenye (Repeat) Schedule 1, No 1 of 1999 138 Warupunju Withdrawn 26 October 1992 139 Hodgson Downs Pastoral Lease Schedule 1, No 37 of 1995 145 Lake Amadeus (Repeat) Withdrawn 2 March 1995 148 Western Desert (South) (Repeat) Schedule 1, No 63 of 1995 149 Brumby Plains Station Schedule 1, No 117 of 1997 150 Bauhinia Downs Schedule 1, No 117 of 1997 152 Lungkurrangayi Withdrawn 27 June 1995 157 Alcoota Withdrawn 4 June 2006 158 Innesvale Schedule 1, No 1 of 1999 165 Wollogorang Area Withdrawn 24 August 2001 25

Application Name of claim Method of Disposal No

166 Brunette Downs Area Withdrawn 24 December 2002 175 Billengarrah Not available for claim 180 Myra Falls Region Withdrawn 27 July 2005 191 Beagle Gulf Area Seabed 193 Cobourg Peninsula Region Seabed 194 Maningrida Area Seabed 195 Milingimbi Area Seabed 196 Galiwinku/Wessel Islands Regions Seabed 197 Gove/Groote Region Seabed 207 Tjulu Not available for claim 219 Central Mount Wedge (Supplementary) Withdrawn 27 April 1999 224 Tempe Downs & Middleton Ponds (Supplementary) Withdrawn 27 April 1999 227 Nurrku Withdrawn 29 December 1999 234 Duwun 1, 2 and 3 Withdrawn 4 August 1997 236 Groote Island Region Seabed 241 Belyuen Area Note 5 249 Avon Downs Region Withdrawn 8 September 2005

Note 1: The claimed land was later included in application No 19 (Alligator Rivers Stage II). Application No 4 was not proceeded with.

Note 2: The claim has not been withdrawn. The claimed land is now vested in a land trust in perpetuity under the Cobourg Peninsula Aboriginal Land and Sanctuary Act 1981 (NT) as Gurig National Park.

Note 3: The whole of the land claimed in applications No 34 and 117 was recommended for grant in Report No 49.

Note 4: The claimed land was included in the recommendation in Report No 1.

Note 5: The claimed land was included in the recommendation in Report No 59 26

TABLE 3

Applications which have not been finally disposed of.

UCL – Unalienated Crown Land AL – Leasehold land held by Aboriginal interests SR – Stock route/stock reserve BB – Bed and banks of a river ITZ – Intertidal zone NTLC – Northern Territory Land Corporation ConLC – Conservation Land Corporation MAG – Museums and Art Galleries NT

Application No Name of Claim Status of claimed land

9 Vernon Islands UCL 35 Larrimah SR 41 Note 1 Simpson Desert UCL 51 Ooratippra SR 60 Amburla Stock Route SR 61 Undoolya Bore Reserve SR 62 McGrath Dam Stock Route & Stock SR Reserve 64 Frances Well UCL, SR 66 Mittiebah Reserve ConCL 74 Anthony Lagoon Area UCL, SR 75 Manangoora Area SR 76 Wickham River Area UCL 82 Jervois Stock Route SR 83 North West Stock Route SR (Mt Doreen) 84 North South Stock Route SR (Aileron to Yambah) 85 North South Stock Route SR (Pine Hill to Neutral Junction) 86 North South Stock Route (Neutral Junction SR to Singleton) 27

Application No Name of Claim Status of claimed land

88 Phillipson Stock Route (Jinka to SR Loves Creek) 89 Phillipson Stock Route SR (Deep Well to Todd River) 90 Sandover Stock Route SR (Bond Springs to Yambah) 93 Note 2 Ngombur (Repeat) UCL 97 Barkly, South Barkly and Ranken Stock SR Route (Wakaya Alyawarra) 98 Murranji and Dry River Stock Route SR (Mudburra) 100 Urapunga Stock Route SR 102 Barkly Stock Route SR (Brunette Downs) 103 Auvergne Stock Route SR (Miriwung) 104 Auvergne Stock Route SR (Ngarinman/Ngaliwurru) 106 Note 3 Crown Hill UCL 110 Hugh River Stock Route SR (Henbury and Orange Creek) 111 Note 4 Alligator Rivers Area III UCL 115 Note 2 Warumungu/Wakaya (Repeat) UCL 118 North South Stock Route SR (Banka Banka) 119 North South Stock Route SR (Helen Springs) 120 Wakaya/Alyawarre (No 2) UCL 122 Kakadu (Jim Jim) Area UCL 123 Auvergne Stock Route & Coolibah Stock SR Route 127 Kenbi (Cox Peninsula – Section 12) UCL 130 Note 2 Wakaya/Alyawarre (Repeat) UCL 28

Application No Name of Claim Status of claimed land

143 Loves Creek AL 144 Note 2 Central Simpson Desert (Repeat) UCL 146 Alcoota AL 151 Yirwallalay UCL 153 Port Patterson Islands UCL 155 Wulna (NT Portion 2001) UCL 156 Wangkangurru UCL 162 Note 5 Wildman River ConLC 167 Gregory National Park/Victoria River SR, BB, NTLC, ConLC 168 Scott River Region ConLC 169 Litchfield Region ConLC 170 Mount Bundy Region ConLC 171 Anthony Lagoon & Creswell Downs SR (unnamed Stock Route) 172 Daly River Region BB, NTLC, ConLC 173 Larrimah Area NTLC 174 Gregory National Park II SR, ConLC 176 Note 6 Dry River Stock Route SR 177 Fish River Region NTLC 179 Note 2 Kakadu Region (Repeat) UCL, ITZ 181 Murranji Stock Route (Murranji Pastoral SR Lease) 182 Ban Ban Springs Area UCL, NTLC, ConLC 183 Douglas/Daly River BB, NTLC, ConLC 184 McArthur River Region NTLC 188 Legune Area BB, ITZ, NTLC, ConLC 189 Fitzmaurice River Region BB, NTLC 190 Peron Islands Area ITZ 29

Application No Name of Claim Status of claimed land

192 Woolner/Mary River Region BB, ITZ, NTLC, ConLC 198 Maria Island Area NTLC 200 Watarrka ConLC 201 Ewaninga ConLC 202 Corroboree Rock ConLC 203 Devil’s Marbles ConLC 204 M’Dhala Gorge ConLC 205 West Macdonnell ConLC 206 Limestone Bore (NTP 3910) NTLC 208 Finke Gorge ConLC 209 Dulcie Range ConLC 210 Mount Sanford NTLC, ConLC 211 Davenport Range ConLC 212 Emily & Jessie Gaps ConLC 213 Ruby Gorge ConLC 214 Acacia Peuce ConLC 215 Chambers Pillar ConLC 216 Rainbow Valley ConLC 217 Trephina ConLC 218 Arltunga ConLC 220 Note 7 Wangkangurra (Supplementary) UCL 221 Note 8 Palm Valley (Supplementary) UCL 222 Note 9 Alcoota (Supplementary) AL 223 Alcoota Locality NTLC, ConLC, MAG 225 Note 10 Loves Creek (Supplementary) AL 226 Mbungara UCL 228 Barry Caves Roadhouse Site NTLC 229 Tennant Creek Area (NTP 2341) NTLC 30

Application No Name of Claim Status of claimed land

230 McLaren Creek Area NTLC 231 Howard’s Paddock NTLC 232 Rocky Hill NTLC 233 Kulgera Area NTLC 235 Daly River Region II BB, ConLC 237 Finniss River Region UCL, BB, NTLC 238 Coomalie Shire/Deepwater Area UCL, BB, NTLC 239 Mataranka Region II UCL, NTLC, ConLC 240 Katherine Region BB, NTLC 242 Note 11 Fergusson River to Adelaide River Area NTLC 243 Adelaide River to Darwin Area NTLC 244 Note 12 Katherine Region III NTLC 246 Katherine Region II NTLC 247 Note 13 Larrimah to Mataranka Area NTLC 248 Mataranka to Fergusson River Area NTLC

Note 1: The original application has been amended on five occasions by the withdrawal of portions of the claim in respect of which separate applications were made. An area of 30,400 square kilometers remains under claim.

Note 2: Repeat claim. Section 50(2B) applies

Note 3: This application was originally expressed to be a repeat claim but on examination of the Commissioner’s report in the Mount Allan Station Land Claim (Report No 19) it appears that the area in question was not under claim in that application.

Note 4: Part of the land claimed was dealt with in Report No 48.

Note 5: Application No 192 includes the whole of the land claimed in application No 162. The two applications have been amalgamated.

Note 6: The claimed land is a stock route that is along each of its two longer boundaries, contiguous to land to which application No 151 (Yirwalalay) relates.

Note 7: Application No 220 relates to the same land as application No 156 which is the subject of an incomplete inquiry. 31

Note 8: Application No 221 relates to the same land which is the subject of Report No 57.

Note 9: Application No 222 relates to the same land as application No 146 which is the subject of an incomplete inquiry.

Note 10: Application No 225 relates to the same land as application No 143 which is the subject of an incomplete inquiry.

Note 11: Application No 242 duplicates claims made in applications No 172 and 182.

Note 12: Application No 244 is duplicated in application No 248.

Note 13: Application No 247 is duplicated in application No 246. 32

APPENDIX 1

PART II

APPLICATIONS MADE PURSUANT TO s.50(1)(a) IN ALPHABETICAL ORDER

NLC – Northern Land Council CLC – Central Land Council OTHER – Applications made otherwise than by a land council

Name of Claim Date Received Application No/ Land Council

Acacia Peuce 4 June 1997 214/CLC Adelaide River to Darwin Area 4 June 1997 243/NLC Alcoota 18 March 1993 146/CLC Alcoota 16 May 1996 157/Other Alcoota (Supplementary) 4 June 1997 222/CLC Alcoota Locality (NT Portion 3790 and 4075) 4 June 1997 223/CLC Alligator Rivers Area III (Gimbat Resumption – Waterfall Creek) (No 2) Repeat 14 August 1992 142/NLC Alligator Rivers Areas III (Gimbat and Goodparla) 26 June 1987 111/NLC Alligator Rivers Region 31 March 1978 4/NLC Alligator Rivers Stage II 27 July 1978 19/NLC Alyawarra and Kaititja 19 August 1997 3/CLC Amanbidji 20 August 1980 45/NLC Amburla Stock Route 13 August 1981 60/CLC Ammaroo 22 August 1980 52/CLC Anmatjirra and Alyawarra (Utopia Pastoral Lease) 20 November 1978 21/NLC Anthony Lagoon and Cresswell Downs 29 May 1997 171/NLC Anthony Lagoon Area 16 November 1983 74/NLC Arltunga 4 June 1997 218/CLC Auvergne Stock Route (Miriwung) 2 August 1985 103/NLC 33

Name of Claim Date Received Application No/ Land Council

Auvergne Stock Route (Ngarinman/Ngaliwurru) 2 August 1985 104/NLC Auvergne Stock Route and Coolibah Stock Route 18 April 1989 123/NLC Avon Downs Region 4 June 1997 249/NLC Ban Ban Springs Area 29 May 1997 182/NLC Barkly Stock Route (Brunette Downs) 2 August 1985 102/NLC Barkly, South Barkly and Ranken Stock Routes – (Wakaya Alyawarra) 2 August 1985 97/CLC Barrow Creek 20 December 1996 161/NLC Barry Caves Roadhouse Site 4 June 1997 228/CLC Bauhinia Downs 27 September 1994 150/NLC Beagle Gulf Area 29 May 1997 191/NLC Beetaloo 18 September 1980 54/NLC Belyuen Area 4 June 1997 241/NLC Bilinara (Coolibah – Wave Hill Stock Routes) 2 August 1985 99/NLC Billengarrah 29 May 1997 175/NLC Borroloola 27 July 1997 1/NLC Borroloola No 3 5 March 1979 34/CLC Borroloola Stock Route 1 May 1987 109/NLC Brumby Downs Station 12 August 1994 149/CLC Brunette Downs Area 29 May 1997 166/NLC Carpentaria Downs/Balbarini 12 November 1996 160/NLC Central Mount Wedge (Supplementary) 4 June 1997 219/CLC Central Mount Wedge 28 September 1995 154/CLC Central Simpson Desert (Repeat) 16 December 1992 144/CLC Chambers Pillar 4 June 1997 215/CLC Cobourg Peninsula Region 29 May 1997 193/NLC Cobourg Peninsula 31 March 1978 6/NLC Coolibah and Wave Hill Stock Routes (Victoria River Downs) 2 July 1984 92/CLC 34

Name of Claim Date Received Application No/ Land Council

Coomalie Shire/Deepwater Area 4 June 1997 238/NLC Corroboree Rock 4 June 1997 202/CLC Cox River (Alawa/Ngandji) 26 April 1978 14/NLC Crown Hill (Repeat) 23 April 1986 106/CLC Daly River (Malak Malak) 31 March 1978 7/NLC Daly River Region 29 May 1997 172/NLC Daly River Region II 4 June 1997 235/NLC Davenport Range 4 June 1997 211/CLC Delamere 26 March 1984 78/NLC Devil’s Marbles 4 June 1997 203/CLC Douglas (Wagaman) 31 March 1978 11/NLC Douglas/Daly River Region 29 May 1997 183/NLC Dry River and Coolibah Stock Routes – Manbullo Area 2 August 1985 96/NLC Dry River Stock Route 29 May 1997 176/NLC Dulcie Range 4 June 1997 209/CLC Dum-in-Mirrie Island 29 June 1978 18/NLC Duwun 1, 2 and 3 4 June 1997 234/Other Elsey 17 July 1991 132/NLC Elsey Region 4 June 1997 245/NLC Emily & Jessie Gaps 4 June 1997 212/CLC Eva Valley 20 February 1985 94/NLC Eva Valley Pastoral Lease 10 June 1981 56/NLC Ewaninga 4 June 1997 201/CLC Fergusson River to Adelaide River Area 4 June 1997 242/NLC Finke 14 November 1983 67/CLC Finke Gorge 4 June 1997 208/CLC Finniss River 20 July 1979 39/NLC Finniss River Region 4 June 1997 237/NLC 35

Name of Claim Date Received Application No/ Land Council

Fish River Region 29 May 1997 177/NLC Frances Well 6 November 1981 64/CLC Frewena 4 August 1988 116/CLC Galiwinku/Wessel Islands Region 29 May 1997 196/NLC Garawa/Mugularrangu (Robinson River) 15 October 1982 65/NLC Gove/Groote Region 29 May 1997 197/NLC Goyder Stock route and Stock Reserves 14 March 1984 77/CLC Gregory National Park II 29 May 1997 174/NLC Gregory National Park/Victoria River 29 May 1997 167/NLC Gregory Tree Area (Victoria River) 31 March 1978 8/NLC Groote Island Region 4 June 1997 236/NLC Gurindji (Daguragu Station) 26 February 1979 33/CLC Harts Range 4 June 1984 80/CLC Hodgson Downs Pastoral Lease 8 May 1992 139/NLC Howard’s Paddock 4 June 1997 231/CLC Hugh River Stock Route 22 August 1980 53/CLC Hugh River Stock Route (Henbury and Orange Creek) 5 May 1987 110/CLC Illamurta Springs 12 August 1981 59/CLC Innesvale 22 May 1996 158/NLC Jawoyn (Katherine Area) 31 March 1978 13/NLC Jawoyn (Werrenbun and Barnjarn) 4 January 1988 112/NLC Jawoyn (Werrenbun and Barnjarn) 27 June 1988 113/NLC Jervois Stock Route 4 June 1984 82/CLC Kakadu (Jim Jim) Area 18 April 1989 122/NLC Kakadu Region (Repeat) 29 May 1997 179/NLC Kanturrpa/Kanttaji 19 July 1988 114/CLC Kartangarurru, Warlpiri and Walmajeri 20 November 1978 27/CLC Katherine Region 4 June 1997 240/NLC 36

Name of Claim Date Received Application No/ Land Council

Katherine Region II 4 June 1997 246/NLC Kaytej, Warlpiri and Warlmanpa 20 November 1978 25/NLC Kenbi (Cox Peninsula) 22 March 1979 37/NLC Kenbi (Cox Peninsula) (Repeat) 25 February 1991 131/NLC Kenbi (Cox Peninsula – Section 12) 9 March 1990 127/NLC Kidman Springs/Jasper Gorge 6 February 1979 31/NLC Kulgera Area 4 June 1997 233/CLC Kybrook 27 July 1989 125/NLC Lake Amadeus 18 June 1980 44/CLC Lake Amadeus (Repeat) 2 January 1993 145/CLC Lake Amadeus/Luritja 1 December 1978 28/CLC Lander Warlpiri Anmatjirra 20 November 1978 24/CLC Larrimah 12 March 1979 35/NLC Larrimah Area 29 May 1997 173/NLC Larrimah to Mataranka Area 4 June 1997 247/NLC Legune Area 29 May 1997 188/NLC Limestone Bore NT Portion 3910 4 June 1997 206/CLC Limilngan-Wulna (Lower Adelaide and Mary Rivers) 31 March 1978 10/NLC Limmen Bight 30 March 1978 5/NLC Litchfield Region 29 May 1997 169/NLC Lorella Region 29 May 1997 199/NLC Loves Creek 27 November 1992 143/CLC Loves Creek (Supplementary) 4 June 1997 225/CLC Lower Daly 16 November 1983 68/NLC Lower Roper River 16 November 1983 70/NLC Lungkurrangayi 30 November 1994 152/NLC Malngin and Nyinin Claim to Mistake Creek 17 September 1991 133/CLC Manangoora Area 16 November 1983 75/NLC 37

Name of Claim Date Received Application No/ Land Council

Manangoora Region 29 May 1997 185/NLC Maria Island and Limmen Bight River 16 November 1983 71/NLC Maria Island Region 29 May 1997 198/NLC Mataranka Area 16 November 1983 69/NLC Mataranka Area (NT Portion 916) 17 May 1990 129/NLC Mataranka Region II 4 June 1997 239/NLC Mataranka to Fergusson River Area 4 June 1997 248/NLC Mbungara 4 June 1997 226/CLC McArthur River 16 November 1983 72/NLC McArthur River Region 29 May 1997 184/NLC McGrath Dam Stock Reserve and Stock Route 7 September 1981 62/CLC McLaren Creek 19 April 1985 95/CLC McLaren Creek Area 4 June 1997 230/CLC Middleton Ponds Stock Route 28 October 1981 63/CLC Milingimbi Area 29 May 1997 195/NLC Mittiebah Reserve 22 April 1983 66/NLC Mount Allan Station 2 November 1979 40/CLC Mount Barkly Station 12 June 1981 57/CLC Mount Bundy Region 29 May 1997 170/NLC Mount Sanford 4 June 1997 210/CLC Murranji and Dry River Stock Routes (Mudburra) 2 August 1985 98/NLC Murranji Stock Route (Murranji Pastoral Lease) 29 May 1997 181/NLC Murranji 26 April 1978 15/NLC Myra Falls Region 29 May 1997 180/NLC N’Dhala Gorge 4 June 1997 204/CLC Newcastle Waters Area 16 November 1983 73/NLC Ngaliwurru/Nungali (Fitzroy Pastoral Lease) 25 March 1992 137/NLC Ngombur (Repeat) 23 November 1984 93/Other 38

Name of Claim Date Received Application No/ Land Council

Nicholson River (Wannyi/Garawa) 16 October 1978 20/NLC North South Stock Route 4 June 1984 85/CLC North South Stock Route (Aileron and Yambah) 4 June 1984 84/CLC North South Stock Route (Banka Banka) 12 September 1988 118/NLC North South Stock Route (Helen Springs) 7 October 1988 119/NLC North South Stock Route (Neutral Junction and Singleton) 4 June 1984 86/CLC North West Stock Route (Mt Doreen) 4 June 1984 83/CLC North West Stock Route (Napperby) 4 June 1984 87/CLC North-West Simpson Desert 20 December 1989 126/CLC Nurrku 4 June 1997 227/CLC Ooratippra 22 August 1980 51/CLC Ormiston Gorge 21 August 1980 47/CLC Palm Valley 22 August 1980 48/CLC Palm Valley (Supplementary) 4 June 1997 221/CLC Peron Islands Area 29 May 1997 190/NLC Phillipson Stock Route (Deep Well to Todd River) 4 June 1984 89/CLC Phillipson Stock Route (Jinka to Loves Creek) 4 June 1984 88/CLC Port Patterson Islands 24 August 1995 153/NLC Rainbow Valley 4 June 1997 216/CLC Rocky Hill 4 June 1997 232/CLC Roper Valley (Kewulyi) 28 April 1997 163/NLC Roper Valley Area 29 May 1997 164/NLC Ruby Gorge 4 June 1997 213/CLC Sandover Stock Route (Bond Springs and Yambah) 4 June 1984 90/CLC Scott Creek Region 29 May 1997 168/NLC Seven Emu Region 29 May 1997 186/NLC Simpson Desert 19 February 1980 41/CLC 39

Name of Claim Date Received Application No/ Land Council

Simpson Desert Area 2 (Atula) 16 January 1989 121/CLC Simpsons Gap 22 August 1980 49/CLC South Barkly Stock Route (Alroy Downs) 2 August 1985 101/NLC South West Island 5 September 1988 117/CLC Southern Stock Route (Horseshoe Bend) 4 June 1984 81/CLC St Vidgeon Pastoral Lease 10 June 1981 55/NLC Stokes Range 20 June 1986 107/NLC Tanami Downs 19 June 1989 124/CLC Tarlton Downs 22 August 1980 50/CLC Tempe Downs & Middleton Ponds (Supplementary) 4 June 1997 224/CLC Tempe Downs and Middleton Ponds/Luritja 9 December 1993 147/CLC Tennant Creek Area (NT Portion 2341) 4 June 1997 229/CLC Ti Tree Pastoral Lease 5 July 1979 38/CLC Timber Creek 28 July 1981 58/NLC Tjilla Warlpiri (Chilla Well Pastoral Lease) 20 November 1978 23/CLC Tjulu 4 June 1997 207/CLC Trephina 4 June 1997 217/CLC Uluru (Ayers Rock) National Park and Lake Amadeus/Luritja 29 January 1979 29/CLC Umbrawarra Gorge-Jindare (Wagaman) 31 March 1978 12/NLC Undoolya Bore Reserve 7 September 1981 61/CLC Upper Daly 9 February 1979 32/NLC Upper Daly (Repeat) 24 April 1990 128/NLC Urapunga 4 October 1996 159/NLC Urapunga Stock Route 2 August 1985 100/NLC Urrpantyenye (Repeat) 27 December 1991 136/CLC Vernon Islands (Larrakeyah) 31 March 1978 9/NLC Victoria River (Bed and Banks) 25 June 1992 140/NLC 40

Name of Claim Date Received Application No/ Land Council

Wakaya/Alyawarre (Repeat) 25 June 1990 130/CLC Wakaya/Alyawarre 24 March 1980 42/CLC Wakaya/Alyawarre (No 2) 17 October 1988 120/CLC Wampana 2 July 1986 108/CLC Wangkangurru 1 May 1996 156/CLC Wangkangurru (Supplementary) 4 June 1997 220/CLC Warlmanpa (Muckaty Pastoral Lease) 20 December 1991 135/NLC Warlmanpa, Warlpiri, Mudbura and Warumungu 20 November 1978 26/CLC Warlpiri and Kartangarurru-Kurintji 16 August 1997 2/CLC Warlpiri, Kukatja and Ngarti 21 August 1980 46/CLC Warnarrwarnarr-Barranyi (Borroloola No 2) 25 January 1979 30/NLC Warumungu 20 November 1978 22/CLC Warumungu/Wakaya (Repeat) 19 July 1988 115/CLC Warupunju 15 April 1992 138/CLC Watarrka 4 June 1997 200/CLC Wave Hill Stock Route (Ngarinman) 2 August 1985 105/NLC Wearyan River Beds and Banks 29 May 1997 178/NLC West Macdonnell 4 June 1997 205/CLC Western Desert 5 June 1980 43/CLC Western Desert (South) Repeat 29 July 1994 148/CLC Western Roper River (Bed and Banks) 25 June 1992 141/NLC Wickham River 18 November 1983 76/NLC Wildman River 23 January 1997 162/NLC Wollogorang Area 29 May 1997 165/NLC Wollogorang Area II 29 May 1997 187/NLC Wombaya 26 April 1978 16/NLC Woolner/Mary River Region 29 May 1997 192/NLC Wulna (NTP 2001) 27 March 1996 155/NLC Wycliffe Well 4 June 1984 91/CLC 41

Name of Claim Date Received Application No/ Land Council

Yingawunarri (Old Top Springs) Mudbura 4 May 1978 17/NLC Yurrkuru (Brookes Soak) 4 June 1984 79/CLC Yutpundji-Djindiwirritj (Roper Bar) 15 March 1979 36/NLC 42

APPENDIX 2

OFFICE OF THE ABORIGINAL LAND COMMISSIONER 2005/2006 EXPENDITURE STATEMENT AS AT 30 JUNE 2006

OPERATIONAL EXPENDITURE 2005/2006 Expenditure Approved as at budget 30/06/2006 $ $ COMMISSIONER’S SALARY – (HW Olney) 171,000.00 152,923.16 COMMISSIONER’S TRAVEL & T/A – (Olney) 66.487.00 40,173.00 COMMISSIONER’S TRAVEL & T/A – (Gray J.) 2,000.00 0.00 SECRETARIAL SERVICES 1,000.00 0.00 EXECUTIVE OFFICER – Salary 67,000.00 66,297.60 EXECUTIVE OFFICER – Overtime 15,000.00 13,094.72 EXECUTIVE OFFICER – Travel & T/A 26,500.00 25,184.54 CONSULTANTS (Gray J) 2,000.00 0.00 MAP SERVICES 600.00 0.00 RENTAL – ALC CHAMBERS NML BUILDING 102,000.00 86,702.00 TELEPHONE 3,000.00 2,657.00 HIRE OF VEHICLE & OTHER (PETROL) 10,200.00 6,453.00 OFFICE FURNITURE AND MACHINES 1,713.00 944.00 INCIDENTALS 9,000.00 7,561.00 ADVERTISING 3,500.00 2,226.00 TRANSCRIPTS 10,000.00 7,570.00 RECEIPTS REPAID (T/A ETC) 0.00 -775.00 SUB-TOTAL 491,000.00 411,011.02

COST SHARING ITEMS WITH FEDERAL COURT OF AUSTRALIA

ADMINISTRATION COSTS – (Gray J.) 1,000.00 0.00 COMMISSIONER’S SALARY – Gray J. 5,000.00 0.00 SECRETARY – Gray J. 1,000.00 0.00 ASSOCIATE – Gray J. 2,000.00 0.00 SUB-TOTAL 9,000.00 0.00 TOTAL 500,000.00 411,011.02