Extract from the National Native Title Register

Determination Information:

Determination Reference: Federal Court Number(s): QUD548/2012 NNTT Number: QCD2014/018

Determination Name: Foster on behalf of the Gunggari People #3 v State of Queensland

Date(s) of Effect: 6/05/2015

Determination Outcome: Native title exists in the entire determination area

Determination Date: 05/12/2014

Determining Body: Federal Court of Australia

ADDITIONAL INFORMATION:

This determination was handed down by the Federal Court on 5 December 2014 and was to take effect upon the registration of four Indigenous Land Use Agreements (ILUAs) on the Register of Indigenous Land Use Agreements:

QI2014/081 Gunggari People #3 and Ergon Energy Corporation ILUA;

QI2014/082 Gunggari People #3 and Maranoa Regional Council ILUA;

QI2014/083 Gunggari People #3/Drysdale Ponds ILUA; and

QI2014/084 Gunggari People #3/Cedarvale ILUA.

The four ILUAs were registered on the Register of Indigenous Land Use Agreements on 6 May 2015. The conditions attached to the determination have therefore been met and the determination came into effect on 6 May 2015.

REGISTERED NATIVE TITLE BODY CORPORATE:

National Native Title Tribunal Page 1 of 14 Extract from the National Native Title Register QCD2014/018 Gunggari Native Title Aboriginal Corporation RNTBC Trustee Body Corporate PO Box 10832, Adelaide Street, BRISBANE Queensland 4000

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: 1. The native title holders are the Gunggari People. The Gunggari People are the biological descendants of the following people:

(a) Jinnegah;

(b) Jimmy and Nelly Flourbag;

(d) Old Frog;

(e) Coombra Jack;

(f) Kitty of St George and Maggie of the Moonie;

(g) King Billy Dick;

(h) Maria of Tongy Station;

(i) Harry Rookwood;

(j) Lucy of the Balonne River;

(k) Charlotte Moffatt;

(l) Mary of the Maranoa;

(m) Nellie Walker;

(n) Clifton George;

(o) Mary of Bollon; or

(p) Kate Meathers/Meadows.

MATTERS DETERMINED: BY CONSENT THE COURT ORDERS THAT:

1. There be a determination of native title in the terms set out below (“the determination”).

2. The determination will take effect upon the agreements referred to in paragraph 1 of Schedule 4 of the determination being registered on the Register of Indigenous Land Use Agreements.

BY CONSENT THE COURT DETERMINES THAT:

National Native Title Tribunal Page 2 of 14 Extract from the National Native Title Register QCD2014/018

5. The Determination Area is the land and waters described in Schedule 1 and depicted in the map attached to Schedule 1.

6. Native title exists in relation to that part of the Determination Area described in Part 1 of Schedule 1.

7. The native title is held by the Gunggari People described in Schedule 3 (“the native title holders”).

8. Subject to paragraphs 9, 10 and 11 below the nature and extent of the native title rights and interests in relation to the land and waters described in Part 1 of Schedule 1 are the non-exclusive rights to:

(a) access, be present on, move about on and travel over the area;

(b) camp and for that purpose erect temporary shelters;

(c) hunt, fish and gather on the land and waters of the area for personal, domestic and non-commercial communal purposes;

(d) take and use Natural Resources from the land and waters of the area for personal, domestic and non- commercial communal purposes;

(e) take and use the Water of the area for personal, domestic and non-commercial communal purposes;

(f) conduct religious and spiritual activities and ceremonies on the area;

(g) teach on the area the physical and spiritual attributes of the area;

(h) light fires on the area for domestic purposes including cooking, but not for the purpose of hunting or clearing vegetation; and

(i) maintain places of importance and areas of significance to the native title holders under their traditional laws and customs and protect those places and areas, by lawful means, from physical harm.

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

(a) the Laws of the State and the Commonwealth; and

(b) the traditional laws acknowledged and traditional customs observed by the native title holders.

10. The native title rights and interests referred to in paragraph 8 do not confer possession, occupation, use or enjoyment to the exclusion of all others.

11. There are no native title rights in or in relation to minerals as defined by the Mineral Resources Act 1989 (Qld) and petroleum as defined by the Petroleum Act 1923 (Qld) and the Petroleum and Gas (Production and Safety) Act 2004 (Qld).

12. The nature and extent of any other interests in relation to the Determination Area (or respective parts thereof) are set out in Schedule 4.

National Native Title Tribunal Page 3 of 14 Extract from the National Native Title Register QCD2014/018

13. The relationship between the native title rights and interests described in paragraph 8 and the other interests described in Schedule 4 (the “other interests”) is that:

(a) the other interests continue to have effect, and the rights conferred by or held under the other interests may be exercised notwithstanding the existence of the native title rights and interests; and

(b) the other interests and any activity that is required or permitted by or under, and done in accordance with, the other interests, or any activity that is associated with or incidental to such an activity, prevail over the native title rights and interests and any exercise of the native title rights and interests.

Definitions and Interpretation

14. In this determination, unless the contrary intention appears:

“land” and “waters”, respectively, have the same meanings as in the Native Title Act 1993 (Cth);

“Laws of the State and the Commonwealth” means the common law and the laws of the State of Queensland and the Commonwealth of Australia, and includes legislation, regulations, statutory instruments, local planning instruments and local laws;

“Local Government Act” has the meaning in the Local Government Act 2009 (Qld);

“Local Government Area” has the meaning in the Local Government Act 2009 (Qld);

“Natural Resources” means:

(a) any animal, plant, fish and bird life found on or in the lands and waters of the Determination Area; and

(b) any clays, soil, sand, gravel or rock found on or below the surface of the Determination Area,

that have traditionally been taken and used by the native title holders;

“Reserves” means reserves that are dedicated or taken to be reserves under the Land Act 1994 (Qld);

“Water” means:

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

National Native Title Tribunal Page 4 of 14 Extract from the National Native Title Register QCD2014/018 (b) any natural collection of water, whether permanent or intermittent.

Other words and expressions used in this Determination have the same meanings as they have in Part 15 of the Native Title Act 1993 (Cth).

THE COURT DETERMINES THAT:

15. Upon the determination taking effect:

(a) The native title is held in trust;

(b) The Gunggari Native Title Aboriginal Corporation RNTBC (ICN 7725), incorporated under the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Cth), is to:

(i) be the prescribed body corporate for the purpose of ss 56(2)(b) and 56(3) of the Native Title Act 1993 (Cth); and

(ii) perform the functions mentioned in s 57(1) of the Native Title Act 1993 (Cth) after becoming a registered native title body corporate.

Schedule 1 – DETERMINATION AREA

A. Description of Determination Area

The Determination Area comprises all of the land and waters described in Part 1 below to the extent that they are within the External Boundary Description as described in Part 2 below, and depicted in the map, excluding the areas described in Schedule 2.

Part 1 – Non-Exclusive Areas

(a) All of the land and waters described in column 1 of the following table and shown on the determination map described in column 2 of the following table:

Area Description Determination Map Sheet Number

Lot 8 on COG92 Sheet 4

That part of Lot 81 on DL455 that falls within the

External Boundary Description Sheet 1

Lot 56 on WV1314 Sheet 1

Lot 9 on COG16 Sheet 5

National Native Title Tribunal Page 5 of 14 Extract from the National Native Title Register QCD2014/018 Lot 12 on COG64 Sheet 5

Lot 13 on COG97 Sheet 4

Lot 14 on COG97 Sheet 4

That part of Lot 168 on DL342 that falls

within the External Boundary Description Sheet 1

Lot 20 on WV1199 Sheet 2

That part of Lot 21 on WV1334 that falls

within the External Boundary Description Sheet 2

That part of Lot 1 on PER206772 located within

the bed and banks of the Maranoa River that falls

within the External Boundary Description Sheet 3

Lot 11 on COG134 Sheet 5

That part of Lot 11 on DL449 that falls

Within the External Boundary Description Sheet 1

(b) The waters within the External Boundary Description including but not limited to:

(i) Maranoa River;

(ii) Amby Creek;

(iii) Little Tartulla Creek;

(iv) Stewart Creek.

Part 2 – External Boundary Description

Commencing at a point at Longitude 148.326183° East, Latitude 26.304873° South; being the intersection of the external boundaries of Native Title Determination Application QUD216/08 Bidjara People (QC08/5) and Native Title Determination Application QUD366/08 Mandandanji People (QC08/10), and extending generally southerly along the western boundary of Native Title Determination Application QUD366/08 Mandandanji People (QC08/10) to its intersection with the eastern boundary of Native Title Determination Application QUD6027/01 Gunggari People #2 (QC01/28) at Latitude 27.555703° South, also being a point on the western bank of Maranoa River.

Further described as:

Commencing at a point at Longitude 148.326183° East, Latitude 26.304873° South and extending generally southerly a point on the western bank of Maranoa River at Latitude 27.555703° South, passing through the following coordinate points:

Longitude ° East Latitude ° South

National Native Title Tribunal Page 6 of 14 Extract from the National Native Title Register QCD2014/018 148.326165 26.308980

148.329173 26.328224

148.330866 26.345408

148.332556 26.363410

148.332484 26.380573

148.339003 26.405988

148.340676 26.428486

148.348077 26.455546

148.355063 26.476879

148.360271 26.501052

148.368160 26.519125

148.376069 26.532294

148.376921 26.540886

148.376876 26.552738

148.376822 26.566633

148.376706 26.596875

148.375779 26.607899

148.373523 26.619317

148.373469 26.633212

148.373411 26.648333

148.373352 26.663454

148.373310 26.674488

148.373243 26.691653

148.373191 26.705139

148.374896 26.722733

148.376610 26.737875

148.379654 26.753031

148.382700 26.767778

148.382653 26.780039

148.383926 26.795584

148.388298 26.811573

148.388250 26.824651

148.388210 26.835277

148.388166 26.847129

National Native Title Tribunal Page 7 of 14 Extract from the National Native Title Register QCD2014/018 148.388135 26.855303

148.385884 26.864269

148.384077 26.872831

148.384051 26.879779

148.384464 26.887958

148.387551 26.892897

148.393308 26.895823

148.401283 26.899183

148.410586 26.903374

148.421223 26.907171

148.430518 26.914222

148.438042 26.920436

148.439339 26.931076

148.443276 26.948694

148.444568 26.960969

148.448540 26.968369

148.453393 26.978231

148.460473 26.986481

148.461324 26.998343

148.467632 27.010703

148.473338 27.027984

148.480403 27.041162

148.485695 27.052690

148.494101 27.065874

148.500287 27.077404

148.506039 27.086879

148.511324 27.100869

148.513491 27.114025

148.514318 27.127584

148.514251 27.141551

148.514189 27.154696

148.514136 27.165788

148.520313 27.181014

148.526945 27.194598

National Native Title Tribunal Page 8 of 14 Extract from the National Native Title Register QCD2014/018 148.533576 27.209004

148.538880 27.220939

148.544172 27.235750

148.548113 27.253840

148.552080 27.265769

148.555154 27.278105

148.561778 27.296206

148.571092 27.312674

148.580410 27.329141

148.587497 27.345188

148.591015 27.359578

148.590956 27.374366

148.590899 27.388742

148.588160 27.402698

148.588107 27.415843

148.588059 27.428165

148.542458 27.474899

148.480010 27.512289

Then generally northerly along the western bank of that river (also being the eastern boundary of Native Title Determination Application QUD6027/01 Gunggari People #2 (QC01/28)) to its intersection with Native Title Determination Application QUD216/08 Bidjara People (QC08/5) at Latitude 26.772304° South; then easterly and generally northeasterly along the boundary of that native tile determination application back to the commencement point.

Further described as:

Then easterly to the eastern bank of Amby Creek at Latitude 26.772400° South; then generally north easterly along that bank to Latitude 26.552557° South; then again generally north easterly passing through the following coordinate points:

Longitude ° East Latitude ° South

148.192166 26.552277

148.192120 26.552041

148.192111 26.551994

148.192006 26.551727

148.191992 26.551686

148.191923 26.551477

National Native Title Tribunal Page 9 of 14 Extract from the National Native Title Register QCD2014/018 148.191872 26.551105

148.191867 26.551070

148.191738 26.550735

148.191746 26.550538

148.191713 26.550509

148.201601 26.539359

148.220772 26.517489

148.236836 26.483762

148.250696 26.454002

148.272720 26.422215

148.288114 26.398380

148.304238 26.373878

148.324729 26.340774

148.318506 26.315752

Then north easterly back to the commencement point.

Exclusions

This application does not include the land and waters within the following native title determination applications:

• QUD6027/01 Gunggari People #2 (QC01/28) as filed in the Federal Court 23/08/2001 and amended on 15/12/2011.

• QUD216/08 Bidjara People (QC08/5) as filed in the Federal Court 23/07/2008.

• QUD366/08 Mandandanji People (QC08/10) as filed in the Federal Court 06/11/2008.

The application does not include the following waters:

• Eurella Creek;

• Muckadilla Creek;

National Native Title Tribunal Page 10 of 14 Extract from the National Native Title Register QCD2014/018 • Ballaroo Creek; and

• Waters covered by any previous exclusive possession act as defined by the Native Title Act 1993 (Cth).

B. Map of Determination Area

[See NNTR attachment 1: “Schedule 1 – Map of Determination Area]

Schedule 2 – AREAS NOT FORMING PART OF THE DETERMINATION AREA

The areas in this Schedule are excluded from the Determination Area on the grounds that at the time at which the native title determination application was made –

• these areas were the subject of one or more previous exclusive possession acts, as defined in s 23B of the Native Title Act 1993 (Cth), despite the fact that the areas, or parts of them, may have been subject to earlier acts that extinguished native title; and

• therefore, in accordance with s 61A of the Native Title Act 1993 (Cth), these areas could not be claimed.

Public Works Based Exclusions:

The land or waters on which any public work, as defined in s 253 of the Native Title Act 1993 (Cth), is constructed, established or situated, and to which ss 23B(7) and 23C(2) of the Native Title Act 1993 (Cth) and/or s 23B(7) of the Native Title Act 1993 (Cth) and s 21 of the Native Title (Queensland) Act 1993 (Qld), applies, together with any adjacent land or waters in accordance with s 251D of the Native Title Act 1993 (Cth).

Schedule 3 – NATIVE TITLE HOLDERS

1. The native title holders are the Gunggari People. The Gunggari People are the biological descendants of the following people:

(a) Jinnegah;

(b) Jimmy and Nelly Flourbag;

(d) Old Frog;

(e) Coombra Jack;

(f) Kitty of St George and Maggie of the Moonie;

National Native Title Tribunal Page 11 of 14 Extract from the National Native Title Register QCD2014/018 (g) King Billy Dick;

(h) Maria of Tongy Station;

(i) Harry Rookwood;

(j) Lucy of the Balonne River;

(k) Charlotte Moffatt;

(l) Mary of the Maranoa;

(m) Nellie Walker;

(n) Clifton George;

(o) Mary of Bollon; or

(p) Kate Meathers/Meadows.

Schedule 4 – OTHER INTERESTS IN THE DETERMINATION AREA

The nature and extent of the other interests in relation to the Determination Area are the following as they exist as at the date of the determination:

1. The rights and interests of the parties under the following agreements:

(a) Marshall Foster, Bradley Saunders, Reeghan Finlay, Don Harding, Jamie Robert Frid, Michelle Saunders and Grant Jackson (the Gunggari #3 Applicant) and Ergon Energy Corporation Limited ACN 087 646 062 as parties to the Gunggari People #3/Ergon Energy indigenous land use agreement dated 27 October 2014;

(b) Marshall Foster, Bradley Saunders, Reeghan Finlay, Don Harding, Jamie Robert Frid, Michelle Saunders and Grant Jackson (the Gunggari #3 Applicant) and the Maranoa Regional Council as parties to the Gunggari People #3/Maranoa Regional Council indigenous land use agreement dated 5 November 2014;

(c) Marshall Foster, Bradley Saunders, Reeghan Finlay, Don Harding, Jamie Robert Frid, Michelle Saunders and Grant Jackson (the Gunggari #3 Applicant) and Don James Noon and Kim Kelman Noon as parties to the Gunggari People #3/Cedarvale indigenous land use agreement dated 30 October 2014; and

(d) Marshall Foster, Bradley Saunders, Reeghan Finlay, Don Harding, Jamie Robert Frid, Michelle Saunders and Grant Jackson (the Gunggari #3 Applicant) and Kaylean Terese Killen and Michael Humphrey Killen as parties to the Gunggari People #3/Drysdale Ponds indigenous land use agreement dated 2 November 2014.

2. The rights and interests of Bronco Energy Pty Limited, PAPL (Upstream II) Pty Limited, KGLNG E & P II Pty Ltd and Total E & P Australia III as the joint holders of Authority to Prospect Number 665 granted under the Petroleum Act 1923 (Qld).

3. The rights and interests of Ergon Energy Corporation Limited ACN 087 646 062:

(a) as the owner and operator of any “Works” as that term is defined in the Electricity Act 1994 (Qld) within the Determination Area;

National Native Title Tribunal Page 12 of 14 Extract from the National Native Title Register QCD2014/018 (b) as a distribution entity and the holder of a distribution authority under the Electricity Act 1994 (Qld);

(i) rights in relation to any agreement relating to the Determination Area existing or entered into before the date on which these orders are made;

(ii) rights to enter the Determination Area by its employees, agents or contractors to exercise any of the rights and interests referred to in this paragraph; and

(iii) to inspect, maintain and manage any Works in the Determination Area.

4. The rights and interests of the Maranoa Regional Council (“the Council”) as the local government for that part of the Determination Area within the Council’s Local Government Area, including:

(a) the Council’s powers, functions, responsibilities and jurisdiction under Local Government Acts;

(b) the Council’s rights and interests in land or waters within the Determination Area including under any lease, license, access agreement, easement or reserve in the Determination Area;

(c) the rights to use, operate, maintain, replace, restore, remediate, repair and otherwise exercise all other rights as the owners and operators of infrastructure, structures, earthworks, access works, facilities and other improvements within the Determination Area;

(d) the rights under any agreements between the Council and third parties which relate to land or water in the Determination Area; and

(e) the rights of the Council’s employees, agents and contractors to enter upon the Determination Area for the purpose of performing their powers and responsibilities under paragraphs (a) to (d).

5. The rights and interests of the State of Queensland in Reserves, the rights and interests of the trustees of those Reserves and of the persons entitled to access and use those Reserves for their respective purpose for which they are reserved.

6. The rights and interests of the holders of any permits, claims, licences or leases granted under the Mineral Resources Act 1989 (Qld) in the Determination Area as may be current as at the date of the determination.

7. The rights and interests of the holders of any leases, licences, reservations, permits, easements or authorities granted under the Land Act 1994 (Qld), and any relevant regulations or subordinate legislation made under that Act, and includes but is not limited to the whole of the lands and waters described as:

(a) Term Lease 236994 comprising Lot 17 on WV1188 being part of Lot 21 on WV1334.

8. So far as confirmed pursuant to s 212(2) of the Native Title Act 1993 (Cth) and s 18 of the Native Title Act (Queensland) Act 1993 (Qld) as at the date of this determination, any existing public access to, and enjoyment of, the following places in the Determination Area:

National Native Title Tribunal Page 13 of 14 Extract from the National Native Title Register QCD2014/018 (a) waterways;

(b) beds and banks or foreshores of waterways;

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

9. Any other rights and interests:

(a) held by the State of Queensland or Commonwealth of Australia; or

(b) existing by reason of the force and operation of the Laws of the State and the Commonwealth.

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 14 of 14 Extract from the National Native Title Register QCD2014/018