Extract from the National Native Title Register

Determination Information:

Determination Reference: Federal Court Number(s): WAD6113/1998 NNTT Number: WCD2008/003

Determination Name: Leslie Hayes & Ors on behalf of the Thalanyji People v The State of Western Australia and Others

Date(s) of Effect: 18/09/2008

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

Determination Date: 18/09/2008

Determining Body: Federal Court of Australia

ADDITIONAL INFORMATION: Not Applicable

REGISTERED NATIVE TITLE BODY CORPORATE: Buurabalayji Thalanyji Aboriginal Corporation RNTBC Trustee Body Corporate PO Box 810 West Perth Western Australia 6872

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:

4. The native title in the Determination Area comprises of group and communal rights and interests held by the Thalanyji people. The Thalanyji people are the persons described in the Fourth Schedule [as:]

The Native Title Holders are those persons who:

(a) are descended from Jack Hayes, Mick Fazeldene, Old Barn (Baron Tadpole) or Polly Hughes or are adopted by such biological descendants in accordance with traditional laws acknowledged and the traditional customs observed by the Thalanyji;

(b) identify themselves as Thalanyji under traditional law and custom and are so identified by other Native Title Holders as Thalanyji; and

National Native Title Tribunal Page 1 of 13 Extract from the National Native Title Register WCD2008/003 (c) have a connection with the land and waters in the Determination Area, in accordance with the traditional laws acknowledged and the traditional customs observed by the Thalanyji.

MATTERS DETERMINED:

BY CONSENT OF THE PARTIES THE COURT ORDERS THAT:

1. In relation to the Determination Area, there be a determination of native title in WAD 6113 of 1998 in terms of the Minute of Proposed Consent Determination of Native Title attached.

2. In so far as WAD 6113 of 1998 relates to land and waters outside the Determination Area, WAD 6113 of 1998 is dismissed and no determination is made in relation to the land and waters comprised in that area.

3. The Buurabalayji Thalanyji Aboriginal Corporation shall hold the determined native title in trust for the native title holders pursuant to section 56(2) of the Native Title Act 1993 (Cth).

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

(a) to establish the precise location of the boundaries of land on which the pastoral lease improvements referred to in paragraph 5 of the Second Schedule 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

(b) to establish whether any of the pastoral lease improvements referred to in

paragraph 5 of the Second Schedule of this Determination have been constructed unlawfully.

THE COURT ORDERS, DECLARES AND DETERMINES THAT:

EXISTENCE OF NATIVE TITLE (S225)

1. The Determination Area is the land and waters described in the First Schedule and depicted on the maps at Attachment 1 to the First Schedule.

2. Subject to paragraph 3, native title exists in the Determination Area in the manner set out in paragraph 5 of this Determination.

3. Native title does not exist in relation to those land and waters of the Determination Area identified in the Second Schedule and shaded green on the maps at Attachment 1 to the First Schedule.

NATIVE TITLE HOLDERS (S225(A))

4. The native title in the Determination Area comprises of group and communal rights and interests held by the Thalanyji people. The Thalanyji people are the persons described in the Fourth Schedule.

THE NATURE AND EXTENT OF NATIVE TITLE RIGHTS AND INTERESTS (s225(b)) AND EXCLUSIVENESS OF NATIVE TITLE (s225(e))

5. Subject to paragraphs 6, 7 and 8 the nature and extent of the native title rights and interests in relation to the Determination Area 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) enter and remain on the land, camp, erect temporary shelters, and travel over and visit any part of the land and waters of the Determination Area;

(b) hunt, fish, gather and use the traditional resources of the land and waters of the Determination Area;

(c) take and use water, and for the sake of clarity and the avoidance of doubt this right does not include the right to take or use water captured by the holders of the Pastoral Leases;

(d) engage in ritual and ceremony on, and in relation to, the land and waters of the Determination Area; and

(e) care for, maintain and protect from physical harm, particular sites, areas and

ceremonial or other sacred objects connected with the land and waters of the

Determination Area, which are of significance to the Native Title Holders.

6. The native title rights and interests set out in paragraph 5 are subject to and exercisable in accordance with:

National Native Title Tribunal Page 2 of 13 Extract from the National Native Title Register WCD2008/003 (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).

7. The native title rights and interests set out in paragraph 5 do not confer:

(a) possession, occupation, use and enjoyment on the Native Title Holders to the exclusion of all others; or

(b) a right to control the access to, or use of, the land and waters of the Determination Area or their resources.

8. Notwithstanding anything in this determination, the native title rights and interests set out in paragraph 5 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 not other minerals and petroleum as defined in the Mining Act 1904 (WA) (repealed), the Mining Act 1978 (WA) as in force at the date of this determination, the Petroleum Act 1936 (WA) (repealed) and the Petroleum and Geothermal Energy Resources Act 1967 (WA) as in force at the date of this determination.

NO APPLICATION OF SS.47A AND 47B OF THE NATIVE TITLE ACT

9. For the avoidance of doubt, sections 47A and 47B of the Native Title Act do not apply to disregard any prior extinguishment in relation to the land and waters of the Determination Area.

THE NATURE AND EXTENT OF ANY OTHER INTERESTS

10. The nature and extent of the Other Interests in relation to the Determination Area are those set out in the Third Schedule.

RELATIONSHIP BETWEEN NATIVE TITLE RIGHTS AND OTHER INTERESTS

11. The relationship between the native title rights and interests described in paragraph 5 and the Other Interests (except reserves which are dealt with in paragraph 12) is that:

(a) to the extent that any of the Other 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 Interests to the extent of the inconsistency during the currency of the Other Interests; and otherwise,

(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 Interests, and the Other Interests, and the doing of any activity required or permitted to be done by or under the Other Interests, prevail over the native title rights and interests and any exercise of the native title rights and interests, but do not extinguish them.

12. The relationship between the native title rights and interests described in paragraph 5 and the Other Interests which are reserves is that:

(a) to the extent that:

(i) any of the reserves; or

(ii) any act (not being the construction, establishment or operation of a public work) done after this Determination, and done under or in accordance with a reserve; or

(iii) any act (not being the construction, establishment or operation of a public work) done after this Determination is made, and done in the area covered by a reserve, so long as the act's impact on the native title rights and interests is no greater than the impact that any act that could have been done under or in accordance with the reserve would have had,

is 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 reserve or the act (as the case may be) to the extent of the inconsistency during the currency of the reserve or the act; and otherwise,

(b) the construction, establishment or operation of any public work under or in accordance with a reserve, or in the area covered by a reserve (so long as the impact of the public work on the native title rights and interests is no greater than the impact that any act that could have been done under or in accordance with the reserve would have had), extinguishes the native title rights and interests in accordance with Part 2 Division 3 Subdivision J and section

National Native Title Tribunal Page 3 of 13 Extract from the National Native Title Register WCD2008/003 251D of the Native Title Act.

DEFINITIONS AND INTERPRETATION

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

"Determination Area" means the land and waters described in the First Schedule 1 and depicted on the maps at Attachment 1 to the First Schedule;

"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 above;

"Other Interests" means the legal or equitable estates or interests and other rights in relation to the Determination Area described in the Third Schedule and referred to in paragraph 10;

"Pastoral Leases" means Pastoral Leases 3114/0477, 3114/0580, 3114/0616, 3114/0661, 3114/0765, 3114/1014, 3114/1063 and 3114/1096;

"resources" means flora, fauna, and other natural resources such as charcoal, stone, soil, wood and resin but does not include P. maxima;

"UCL" means unallocated Crown land

"waters" has the same meaning as in the Native Title Act;

14. In the event of any inconsistency between the written description of an area in the First, Second or Third Schedules and the area as depicted on the maps at Attachment 1 to the First Schedule, the written description prevails.

FIRST SCHEDULE - DETERMINATION AREA (See Attachment 1 - First Schedule - Determination Area)

SECOND SCHEDULE - AREAS WHERE NATIVE TITLE DOES NOT EXIST (See Attachment 3 - Second Schedule - Areas Where Native Title Does Not Exist)

THIRD SCHEDULE

OTHER INTERESTS

The nature and extent of the Other Interests in relation to the Determination Area as at the date of this determination are:

1. RESERVES

(1) The following reserves:

(i) Reserve 1107 for the purpose of "Watering Stock";

(ii) Reserve 1409 for the purpose of "Water";

(iii) Reserves 1778, 1890 and 2144 for the purpose of "Stopping Place for Travellers and stock";

(iv) Reserve 9701 for the purpose of the "De Grey - Mullewa Stock Route";

(v) Reserve 19060 for the purpose of "Cemetery";

(vi) Reserve 21542 for the purpose of "Public Utility";

(vii) Reserve 38170 for the purpose of "Pedestrian Access Way and Public Utility Services";

(viii) Reserve 42090 for the purpose of "School Site";

(ix) Reserves 42091, 42092 and 42094 for the purpose of "Drainage";

(x) Reserves 45561 and 47957 for the purpose of "Community Centre and Recreation";

(xi) Reserve 46122 for the purpose of "Conservation Park"; and

National Native Title Tribunal Page 4 of 13 Extract from the National Native Title Register WCD2008/003 (xii) Reserve 48859 for the purpose of "Harbour Purposes".

(2) The rights and interests of persons who have the care, control and management of the reserves identified in subparagraph (1) above;

(3) The rights and interests of persons entitled to access and use the reserves identified in subparagraph (1) above for the respective purposes for which they are reserved, subject to any statutory limitations upon those rights; and

(4) The rights and interests of persons holding leases over areas of the reserves identified in subparagraph (1) above.

2. PASTORAL LEASES:

The following pastoral leases and the rights and interests of the holders from time to time of those pastoral leases:

(1) Pastoral Lease 3114/0477 (Lyndon Location 187) being Yanrey Station (Crown Lease 54/1967);

(2) Pastoral Lease 3114/0580 (Lyndon Location 170) being Uaroo Station (Crown Lease 251/1985);

(3) Pastoral Lease 3114/0616 (Lyndon Location 165) being Nyang (Emu Creek) Station (Crown Lease 302/1966);

(4) Pastoral Lease 3114/0661 (Lyndon Location 162 and Ashburton Location 152) being Minderoo Station (Crown Lease 56/1967);

(5) Pastoral Lease 3114/0765 (Lyndon Location 163 and Ashburton Location 153) being Urala Station (Crown Lease 330/1967);

(6) Pastoral Lease 3114/0905 (Ashburton Location 149) being Peedamulla Station Crown Lease 864/1967);

(7) Pastoral Lease 3114/1014 (Hardey Location 25 and Lyndon Location 188) being Glenflorrie Station (Crown Lease 170/1973);

(8) Pastoral Lease 3114/1063 (Lyndon Location 168) being Koordarrie Station (Crown Lease 364/1990); and

(9) Pastoral Lease 3114/1096 (Lyndon Location 186, Hardey Location 24 and Ashburton Location 155, 31 and part 30) being Nanutarra Station (Crown Lease 155/1975).

3. MINING TENEMENTS

(1) The rights and interests of the holders of the following mining tenements under the Mining Act 1978 (WA):

(i) Mining Leases

Tenement ID Holder Date Granted

M 0800002 Boral Contracting Pty Ltd 23/11/1983

M 0800065 CEMEX Australia Pty Ltd 22/09/1988

M 0800073 CEMEX Australia Pty Ltd 19/05/1988

M 0800074 CEMEX Australia Pty Ltd 19/05/1988

M 0800086 Paladin Energy Minerals NL 18/05/1989

M 0800087 Paladin Energy Minerals NL 18/05/1989

M 0800088 Paladin Energy Minerals NL 18/05/1989

M 0800116 Lawrence George McDonald 14/10/1992

M 0800139 Gregory Ralph Robinson & Wayne Rowe 12/04/1994

M 0800272 Onslow Metals Pty Ltd 13/06/2006

M 0800273 Onslow Metals Pty Ltd 13/06/2006

M 0800311 Christopher Anthony Evans 01/11/2005

M 0800448 Dumpna Pty Ltd 10/03/2008

National Native Title Tribunal Page 5 of 13 Extract from the National Native Title Register WCD2008/003 M 0800449 Dumpna Pty Ltd 10/03/2008

M 0800450 Dumpna Pty Ltd 10/03/2008

(ii) General Purpose Leases

Tenement ID Holder Date Granted

G 0800008 CEMEX Australia Pty Ltd 04/11/1991

G 0800039 Onslow Salt Pty Ltd 30/05/2005

G 0800042 Onslow Salt Pty Ltd 30/05/2005

G 0800043 Onslow Salt Pty Ltd 30/05/2005

G 0800044 Onslow Salt Pty Ltd 30/05/2005

G 0800045 Onslow Salt Pty Ltd 30/05/2005

G 0800046 Onslow Salt Pty Ltd 30/05/2005

G 0800056 Joseph David Glucina 07/03/2006

and Anthony Warren Slater

(iii) Exploration Licences

Tenement ID Holder Date Granted

E 0800691 Mineralogy Pty Ltd 08/03/1994

E 0801074 Mt Alexander Resources Pty Ltd 01/09/1999

E 0801076 Vageta Pty Ltd 23/01/2003

E 0801183 Acebell Holdings Pty Ltd 17/04/2003

E 0801259 Mt Minnie Mining Company Pty Ltd 19/09/2006

E 0801337 Mt Minnie Mining Company Pty Ltd 19/09/2006

E 0801362 Mt Minnie Mining Company Pty Ltd 19/09/2006

E 0801376 Mt Minnie Mining Company Pty Ltd 19/09/2006

E 0801395 Straits Exploration (Australia) Pty Ltd 15/06/2004

E 0801396 Straits Exploration (Australia) Pty Ltd 15/06/2004

E 0801397 Straits Exploration (Australia) Pty Ltd 15/06/2004

E 0801398 Straits Exploration (Australia) Pty Ltd 15/06/2004

E 0801399 Straits Exploration (Australia) Pty Ltd 15/06/2004

E 0801400 Straits Exploration (Australia) Pty Ltd 15/06/2004

E 0801410 Mt Alexander Resources Pty Ltd 21/03/2006

E 0801411 Mt Alexander Resources Pty Ltd 21/03/2006

E 0801418 Straits Exploration (Australia) Pty Ltd 15/06/2004

E 0801419 Straits Exploration (Australia) Pty Ltd 15/06/2004

E 0801421 Straits Exploration (Australia) Pty Ltd 15/06/2004

E 0801435 Barrick (PD) Australia Ltd 11/10/2005

National Native Title Tribunal Page 6 of 13 Extract from the National Native Title Register WCD2008/003 E 0801458 Polaris Metals NL 23/05/2006

E 0801461 Skyridge Pty Ltd 02/03/2006

E 0801465 Polaris Metals NL 23/05/2006

E 0801474 Skyridge Pty Ltd 02/03/2006

E 0801480 Energy Metals Ltd 06/02/2006

E 0801489 Scimitar Resources Ltd 29/11/2005

E 0801490 Scimitar Resources Ltd 29/11/2005

E 0801493 Scimitar Resources Ltd 29/11/2005

E 0801494 IGC (Aust) Pty Ltd 03/07/2006

E 0801495 IGC (Aust) Pty Ltd 03/07/2006

E 0801496 Paladin Energy Minerals NL 31/05/2006

E 0801499 Skryne Hill Pty Ltd 09/06/2006

E 0801500 Skryne Hill Pty Ltd 09/06/2006

E 0801501 Scimitar Resources Ltd 29/11/2005

E 0801504 Mt Minnie Mining Company Pty Ltd 19/09/2006

E 0801505 Mt Minnie Mining Company Pty Ltd 19/09/2006

E 0801538 Baracus Pty Ltd 04/08/2006

E 0801539 Baracus Pty Ltd 04/08/2006

E 0801540 Baracus Pty Ltd 04/08/2006

E 0801556 Pegasus Metals Ltd 28/08/2006

E 0801561 Globe Uranium Ltd 04/10/2007

E 0801577 Gondwana Resources Ltd 05/02/2007

E 0801588 Scimitar Resources Ltd 28/07/2006

E 0801589 Scimitar Resources Ltd 28/07/2006

E 0801590 Scimitar Resources Ltd 28/07/2006

E 0801591 Pegasus Metals Ltd 28/08/2006

E 0801594 Mt Minnie Mining Company Pty Ltd 12/11/2006

E 0801595 Contact Uranium Ltd 08/09/2006

E 0801596 Contact Uranium Ltd 02/03/2007

E 0801597 Contact Uranium Ltd 08/09/2006

E 0801608 Brightflow Investments Pty Ltd 10/10/2006

E 0801611 Brightflow Investments Pty Ltd 10/10/2006

E 0801612 Passline Nominees Pty Ltd 25/01/2007

E 0801635 Fineloop Holdings Pty Ltd 16/04/2007

E 0801637 Ashburton Redport Pty Ltd 05/02/2007

National Native Title Tribunal Page 7 of 13 Extract from the National Native Title Register WCD2008/003 E 0801640 Nova Energy Ltd 21/03/2007

E 0801678 Black Raven Mining Pty Ltd 11/12/2007

E 0801699 Dynasty Metals Australia Ltd 07/05/2007

E 0801710 Whitvista Pty Ltd 21/05/2008

E 0801722 Korab Resources Ltd 07/03/2008

E 0801728 Quarry Park Pty Ltd 09/10/2007

E 0801784 Eastern Goldfields Exploration Pty Ltd 25/02/2008

E 0801812 BRL Exploration Pty Ltd 13/05/2008

E 0801817 Dynasty Metals Australia Ltd 01/07/2008

(iv) Prospecting Licences

Tenement ID Holder Date Granted

P 0800469 Mt Alexander Resources Pty Ltd 29/04/1998

P 0800470 Mt Alexander Resources Pty Ltd 28/04/1998

P 0800481 David Guests 10/06/2005

(v) Temporary Reserves

Tenement ID Holder Date Granted

TR 7005350 The Minister for Mines 09/09/1970

(2) The agreement as amended and ratified by the Onslow Solar Salt Agreement Act 1992 (WA) and rights and interests comprised in, conferred under or in accordance with or pursuant to that agreement, including the following:

Tenement ID Holder Date Granted

AG 7000007 Onslow Salt Pty Ltd 26/03/1997

AG 7000008 Onslow Salt Pty Ltd 26/03/1997

AG 7000010 Onslow Salt Pty Ltd 26/03/1997

AG 7000011 Onslow Salt Pty Ltd 16/03/1997

AG 7000013 Onslow Salt Pty Ltd 16/04/1996

AM 7000273 Onslow Salt Pty Ltd 16/04/1996

4. PETROLEUM INTERESTS

(1) The interests of the holders of the following petroleum interests under the Petroleum and Geothermal Energy Resources Act 1967 (WA) and the Petroleum Pipelines Act 1969 (WA):

(i) Pipeline Licences:

Tenement ID Holder Date Granted

PL 16 BHP Petroleum 18/11/1990

(Tubridgi 2) (Ashmore Operations) Pty Ltd

PL 19 BHP Petroleum 09/06/1993

(Tubridgi 1) (Ashmore Operations) Pty Ltd

PL 20 BHP Billiton Petroleum (Australia) 29/09/1993

National Native Title Tribunal Page 8 of 13 Extract from the National Native Title Register WCD2008/003 (Griffin Gas Pty Ltd, Inpex Alpha Ltd and Mobil

Offshore) Exploration & Producing Australia

Pty Ltd

PL 21 Chevron Australia Pty Ltd, 24/12/1993

Roller A Pipeline Chevron (TAPL) Pty Ltd, Mobil

(Onshore) Australia Resources Company Pty Ltd

and Santos Offshore Pty Ltd

PL 40 DBNGP (WA) Nominees Pty Ltd 25/03/1998

(DBNGP)

ii) Production Licences:

Tenement ID Holder Date Granted

L 9 BHP Billiton Petroleum (Australia) Pty Ltd 04/06/1987

(iii) Exploration Permits

Tenement ID Holder Date Granted

EP 110 R4 Carnarvon Petroleum Limited, 24/01/2000

Pancontinental Oil & Gas NL

and Strike Oil Limited

EP 325 R3 Strike Oil Limited, Advent 29/03/2006

Energy Ltd, Bow Energy Ltd and

Victoria Petroleum NL

EP 444 Rough Range Oil Pty Ltd 21/02/2006

(iv) Easements:

The following easements recorded pursuant to section 19(4) of the Petroleum Pipelines Act 1969 (WA) as amended by the Pilbara Energy Project Agreement Act 1994 (WA):

(A) Easement H644639, affecting part of Pastoral Lease 3114/661; and

(B) Easement H644634, affecting part of Pastoral Lease 3114/765.

(2) The interests of the Dampier to Bunbury Natural Gas Pipeline Land Access Minister in the land in the Dampier to Bunbury Natural Gas Pipeline Corridor, including State corridor rights, under the Dampier to Bunbury Pipeline Act 1997 (WA), and the interests of any other person in land in the Dampier to Bunbury Natural Gas Pipeline Corridor under sections 34 and 36 of the Dampier to Bunbury Pipeline Act 1997 (WA), including the land the subject of the following taking orders:

DESCRIPTION TENURE TAKING ORDER

Part of Lot 187 on Deposited Plan Part of Pastoral I761155

220021 as shown on Deposited Plans Lease 3114/477

215511, 244073, 220825 and 220909

being part of the land comprised in

Certificate of Crown Land Title

National Native Title Tribunal Page 9 of 13 Extract from the National Native Title Register WCD2008/003 Volume 3069 Folio 399 Crown Lease

54/1967

Part of Lot 170 on Deposited Plan Part of Pastoral I761157

220393 as shown on Deposited Plans Lease 3114/590

215511,215512,185706, 220825 and

220826 being part of the land comprised

in Certificate of Crown Land Title

Volume 3069 Folio 369, Crown Lease 251/1985

Part of Lot 165 on Deposited Plan Part of Pastoral I761159

220784 as shown on Deposited Plans Lease 3114/616

215512, 215513,220826 and 220827

being part of the land comprised in

Certificate of Crown Land Title

Volume 3069 Folio 364, Crown Lease 302/1966

Part of Lot 152 on Deposited Plan Part of Pastoral I761146

220265 as shown on Deposited Plans Lease 3114/661

215510, 220823and 220824 being

part of the land comprised in Certificate

of Crown Land Title Volume 3098 Folio 710,

Crown Lease 65/1967

Part of Lot 155 on Deposited Plan Part of Pastoral I761153

220379 as shown on Deposited Plans Lease 3114/1096

215510, 215511, 215606, 219737, 219738,

95918, 244073, 220824, 26806 and 26818

being part of the land comprised in

Certificate of Crown Land Title Volume 3059

Folio 4, Crown Lease 155/1975

Part of Lot 186 on Deposited Plan Part of Pastoral I761153

220379 as shown on Deposited Plans Lease 3114/1096

215511 and 220909 being part of the

land comprised in Certificate of Crown Land

Title Volume 3069 Folio 397, Crown Lease 155/1975

Part of Lot 237 on Deposited Plan Part of Reserve I761610

250526 as shown on Deposited Plan 1107

215606 being part of the land contained

National Native Title Tribunal Page 10 of 13 Extract from the National Native Title Register WCD2008/003 in Certificate of Crown Land Title

Volume 3121 Folio 402

Lot 264 on Deposited Plan UCL I761159

29775 being the whole of the land

contained in Certificate of Crown

Land Title Volume 3127 Folio 477.

Lot 259 on Deposited Plan UCL I761214

29774 being the whole of the land

contained in Certificate of Crown Land

Title Volume 3127 Folio 472.

Lot 260 on Deposited Plan 29774 UCL I761214

being the whole of the land contained

in Certificate of Crown Land Title

Volume 3127 Folio 473.

Lot 261 on Deposited Plan 29774 UCL I761214

being the whole of the land contained

in Certificate of Crown Land Title

Volume 3127 Folio 474.

Lot 252 on Deposited Plan 29774 UCL I761214

being the whole of the land contained

in Certificate of Crown Land Title

Volume 3127 Folio 475.

Lot 263 on Deposited Plan 29774 UCL I761214

being the whole of the land contained

in Certificate of Crown Land Title

Volume 3127 Folio 476.

Lot 264 on Deposited Plan 29774 UCL I761284

being the whole of the land contained

in Certificate of Crown Land Title

Volume 3127 Folio 477.

5. ACCESS TO MINING AND PETROLEUM AREAS

(1) Without limiting the operation of any other paragraph in the Third Schedule, but subject to paragraph 5(2) below, the rights of the holders from time to time of a mining tenement or petroleum interest referred to in paragraphs 3 and 4 of the Third Schedule to use (including by servants, agents and contractors) such portions of existing roads and tracks in the Determination Area as necessary to have access to the area the subject of the mining tenement or petroleum interest for the purposes of exercising the rights granted by that tenement or interest.

(2) Nothing in paragraph 5(1) above allows any upgrade, extension, widening or other improvement to the road or

National Native Title Tribunal Page 11 of 13 Extract from the National Native Title Register WCD2008/003 track other than work done to maintain it in reasonable repair and in order to leave it in substantially the same condition as it was prior to its use pursuant to paragraph 5(1).

6. TELSTRA CORPORATION LIMITED:

The rights and interests of Telstra Corporation Limited:

(1) as the owner or operator of telecommunications facilities installed within the Determination Area;

(2) as the holder of a carrier licence under the Telecommunications Act 1997 (Cth);

(3) 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:

(i) the right to install customer radio terminals; and

(ii) the right to install cabling and customer terminal sites;

(4) to occupy the Tubridge (Tubridgi) Telecommunications Site being a square (100 x 100 metres) at Latitude 21° 46' 59.36" S and Longitude 114° 51' 51.98" E within Pastoral Lease 3114/765 (Lyndon Location 163); and

(5) for its employees, agents or contractors to enter the Determination Area in the performance of their duties, to access its telecommunications facilities in, and in the vicinity of, the Determination Area.

7. OTHER

The following rights and interests:

(1) Rights and interests, including licences and permits, granted by the Crown in right of the State or of the Commonwealth pursuant to statute or otherwise in the exercise of its executive power including, but not limited to, the rights and interests of the holders of licences granted under the Jetties Act 1926 (WA) and the rights and interests of the holders of statutory fishing and pearling interests granted under the Fish Resources Management Act 1994 (WA), the Pearling Act 1990 (WA), and the Fisheries Management Act 1991 (Cth) and any regulations made pursuant to such legislation;

(2) Rights or interests held by reason of the force and operation of the laws of the State or of the Commonwealth, including but not limited to, the force and operation of the Rights in Water and Irrigation Act 1914 (WA);

(3) Rights and interests of members of the public arising under common law, including but not limited to, the public right to fish and the public right to navigate;

(4) The right to access the Determination Area by;

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

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

(iii) an employee, agent or instrumentality of any local government authority,

as required in the performance of his or her statutory or common law duty where such access would be permitted to private land;

(5) So far as confirmed pursuant to section 212(2) of the Native Title Act and 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, the following places in the Determination Area:

(i) waterways;

(ii) beds and banks or foreshores of waterways;

(iii) coastal waters;

(iv) beaches;

(v) stock routes; and

(vi) areas that were public places at the end of 31 December 1993;

National Native Title Tribunal Page 12 of 13 Extract from the National Native Title Register WCD2008/003 (6) The right of any person to use and enjoy (subject to the laws of the State) any roads in the Determination Area, existing at the date of this determination, to which members of the public have access according to the common law; and

(7) Any other:

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

(iii) 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

(iv) restriction on the use of the land or waters, whether or not annexed to

other land or waters.

FOURTH SCHEDULE

NATIVE TITLE HOLDERS

The Native Title Holders are those persons who:

(b) identify themselves as Thalanyji under traditional law and custom and are so identified by other Native Title Holders as Thalanyji; and

(c) have a connection with the land and waters in the Determination Area, in accordance with the traditional laws acknowledged and the traditional customs observed by the Thalanyji.

REGISTER ATTACHMENTS: 1. Attachment 1 - FIRST SCHEDULE - DETERMINATION AREA, 9 pages - A4, 18/09/2008 2. Attachment 2 - FIRST SCHEDULE - ATTACHMENT 1 MAPS OF THE DETERMINATION AREA (11 Maps), 11 pages - A4, 18/09/2008 3. Attachment 3 - SECOND SCHEDULE - AREAS WHERE NATIVE TITLE DOES NOT EXIST, 19 pages - A4, 18/09/2008

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 13 of 13 Extract from the National Native Title Register WCD2008/003