SCHEDULE FIVE

AREAS WHERE NATIVE TITLE DOES NOT EXIST

Native title does not exist in the following land and waters by reason of extinguishment, being those areas (except those public works which are captured by the definition at paragraph 5.4 of this Schedule) shown as green on the maps at Schedule 2. (1) Freeholds:

CT0138400500 CT0166400301 CT0182100012 CT0187300585 CT0191100254 CT0151300875 CT0166500799 CT0182100061 CT0187300586 CT0191100255 CT0151300880 CT0168300030 CT0182100062 CT0187300587 CT0191100256 CT0151900747 CT0286800796 CT0182100063 CT0187300588 CT0191100257 and CT0286800797 (previously CT0168400581) CT0153700700 CT0168400585 CT0182100064 CT0187300589 CT0191100269 CT0154200707 CT0168400586 CT0182100065 CT0187300590 CT0192100217 CT0157600084 CT0168400587 CT0182100066 CT0187300591 CT0192100218 CT0158800033 CT0168600075 CT0182100067 CT0187300592 CT0192800132 CT0161100132 CT0171000229 CT0182100068 CT0187300593 CT0193300146 CT0162100089 CT0172600113 CT0182100069 CT0187300594 CT0194300916 CT0286800796 CT0173200819 CT0182100072 CT0187300595 CT0197700041 and CT0286800797 (previously CT0163200915) CT0165100100 CT0174800643 CT0182400141 CT0187300596 CT0197700083 CT0165200901 CT0175100449 CT0184100210 CT0187300597 CT0199800474 CT0165200902 CT0177300888 CT0184100211 CT0187300598 CT0201000820 CT0165600945 CT0179500950 CT0184100212 CT0187300599 CT0201000821 CT0165600946 CT0180900058 CT0184200178 CT0187300600 CT0201200938 CT0202900023 CT0211500882 CT0184600137 CT0187700901 CT0202900014 CT0203100077 CT0214000084 CT0184600138 CT0188000689 CT0202900015 CT0203200549 CT0214000085 CT0185000539 CT0190400347 CT0202900022 CT0204800614 CT0214700388 CT0219400992 CT0267200285 CT0267300608 CT0206000745 CT0215700006 CT0220700712 CT0267200286 CT0267300609 CT0206000746 CT0215900020 CT0221300716 CT0267200287 CT0267300610 CT0207000429 CT0217800999 CT0222200046 CT0267200288 CT0267600256 CT0207300142 CT0217801000 CT0222200103 CT0267200289 CT0271200394 CT0207900824 CT0218500007 CT0223000096 CT0267200290 CT0274600519 CT0207900825 CT0218500008 CT0253200110 CT0267200291 CT0276300994 CT0209100512 CT0219000891 CT0280700285 CT0267300601 S063634 and CT0283700301 (previously CT0258200896) CT0209100531 CT0219000892 CT0261600500 CT0267300602 CT0283700301 (previously CT0151900745) CT0209900677 CT0219000893 CT0267200284 CT0267300603 CT0267300605 CT0267300606 CT0267300607

(2) Leases:

GE Lot 89 on DP 182448 For the purposes of Rural Residential M152343 (previously I142800) GE Lot 193 on DP 215795 For the purposes of Light Industry I144656 GE Lot 192 on DP 215795 For the purposes of Light Industry I165240 GE Lot 194 on DP 215795 For the purposes of Light Industry I195307 PL Quanbum Downs Station Portion previously subject to Reserve N049850 26789 for the purposes of Pastoral (previously Research Station vested in the Minister for 3114/1269) Agriculture PL Brooking Springs Station Entire lease area previously subject to N050173 Reserve 26789 for the purposes of Pastoral (previously Research Station vested in the Minister for 398/822) Agriculture Portion of Kimberley Downs That portion previously subject to Reserve PL 16563 N049912

Vested Reserves (3) Vested Reserves:

Portion of That portion previously Reserve for the purpose of Use and RES 9656 subject to Closed Road 2 Benefit of Aboriginal Inhabitants vested in the Aboriginal Lands Trust Portion of Fitzroy Reserve for the purpose of Water vested RES 13120 in the Shire of West Kimberley RES 20668 Lot 32 on DP 167697, Lots Reserve for the purpose of Aerial Landing 40 and 47 on DP 171503 Ground vested in Shire of Derby West and Lot 72 on DP 176366 Kimberley RES 22256 Lots 305, 306 and 307 on Reserve for the purpose of Stock Route - DP 48320, Lot 300 on DP Wyndham to Margaret River vested in the 66634, Lot 320 on DP Shire of Wyndham-East Kimberley 66776 and Lot 330 on 66801, Wyndham-Karunjie Road RES 26771 Lot 116 on DP 215009, Lot Reserve for the purpose of Foreshore 127 on DP 215485 and Lot Purposes vested in the Shire of West 16 on DP 144217 Kimberley RES 26890 Lot 42 on DP 92087 Reserve for the purpose of National Park (Tunnel Creek) vested in the National Parks and Nature Conservation Authority RES 28401 Lots 93 and 288 on DP Reserve for the purpose of National Park - 92323 Geike Gorge vested in the National Parks Board of Western Australia Portion of Lot 340 on DP 52596 Reserve for the purpose of National Park RES 31107 (Windjana Gorge) vested in National Parks Board of WA RES 34949 Lots 39 and 40 on DP Reserve for the purpose of Housing - 213653 Public Health Department vested in Minister for Public Health RES 35090 Lot 505 on DP 53729 and Reserve for the purpose of Water Supply vested in the Minister for Water Supply, Lot 103 on DP 213652 Sewerage and Drainage Portion of Lot 313 on DP 220931 and Reserve for the purpose of Use and RES 35167 Lot 314 on DP 220931 Benefit of Aboriginal Inhabitants with management order to Bunuba Incorporated (Mindi Rardi) – that portion subject to the sublease to Mindi Rardi Aboriginal Corporation RES 35450 Lot 68 on DP 182639 Reserve for the purpose of Police vested in the Commissioner of Police RES 35537 Lot 19 on DP 184280 Reserve for the purpose of Housing - Medical Department vested in the Minister for Public Health RES 36005 Lot 312 on DP 217694 Reserve for the purpose of Recreation vested in the Shire of Derby-West Kimberley Portion of Lot 126 on DP 215485 (and Reserve for the purpose of Recreation RES 36669 Lot 106 on DP213657 (but vested in the Shire of West Kimberley not that portion of Lot 106 subject to Reserve 9656 as at 29 June 2012) RES 36824 Lots 300 – 302 on DP Reserve for the purpose of Civic Purposes 76781 vested in the Shire of Derby-West Kimberley RES 36825 Lot 276 on DP 187563 Reserve for the purpose of Parks and Recreation vested in the Shire of Derby- West Kimberley RES 36826 Lot 89 on DP 213656 and Reserve for the purpose of Parks and Lots 183 and 188 on DP Recreation vested in the Shire of Derby- 215795 West Kimberley RES 36958 Lot 324 on DP 195525 Reserve for the purpose of Hospital, Community Health Centre and Health Purposes vested in the Minister for Public Health RES 37053 Lot 84 on DP 213656 Reserve for the purpose of Depot Site – Main Roads Department vested in the Commissioner of Main Roads RES 37509 Lot 201 on DP 186682 Reserve for the purpose of Country Automatic Exchange and Radio Telephone Site vested in the Commonwealth of Australia RES 37843 Lot 120 on DP 185106 Reserve for the purpose of Drain vested in the Shire of Derby-West Kimberley RES 38102 Lot 143 on DP 215237 Reserve for the purpose of Quarry vested in the Commonwealth of Australia RES 38494 Lot 176 on DP 185538 Reserve for the purpose of Drainage vested in the Shire of West Kimberley RES 38789 Lot 181 on DP 185538 Reserve for the purpose of Depot Site (Agriculture Protection Board) vested in the Agriculture Protection Board of Western Australia RES 38998 Lot 208 on DP 91537 Reserve for the purpose of Quarry (Main Roads Department) vested in the Commissioner of Main Roads RES 39035 Lot 202 on DP 186734 Reserve for the purpose of Satellite Ground Station Site vested in the Commonwealth of Australia RES 39294 Lot 213 on DP 187010 Reserve for the purpose of Use and Benefit of Aboriginal Inhabitants vested in the Kurnangki Aboriginal Corporation RES 39312 Lot 204 on DP 187083 Reserve for the purpose of Depot Site (Water Authority) vested in the Water Authority of Western Australia RES 39336 Lot 147 on DP 215978 Reserve for the purpose of Microwave Translator Site vested in the Commonwealth of Australia RES 39337 Lot 148 on DP 215979 Reserve for the purpose of Microwave Translator Site vested in the Commonwealth of Australia RES 39671 Lot 199 on DP 186944 Reserve for the purpose of Recreation vested in the Shire of Derby-West Kimberley RES 39713 Lot 273 on DP 187651 Reserve for the purpose of Sewage Pumping Station vested in the Water Authority of WA RES 39737 Lot 275 on DP 187563 Reserve for the purpose of Parking vested in the Shire of Derby-West Kimberley RES 40585 Lots 253 and 262 on DP Reserve for the purpose of Park and 216506 and Lot 263 on DP Recreation (previously subject to Reserve 189000 35005 vested in the Shire of Derby-West Kimberley) RES 40752 Lot 278 on DP 188497 Reserve for the purpose of Radio and Television Site vested in the Commonwealth of Australia RES 41052 Lot 210 on DP 188622 Reserve for the purpose of Maintenance Depot (M.R.D) vested in the Commissioner of Main Roads RES 41105 Lot 224 on DP 216675 Reserve for the purpose of Rubbish Disposal vested in the Shire of Derby- West Kimberley RES 41106 Lot 225 on DP 216675 Reserve for the purpose of Cemetery vested in the Shire of Derby-West Kimberley RES 41190 Lot 175 on DP 185538 Reserve for the purpose of Depot Site vested in the Shire of Derby-West Kimberley RES 41281 Lot 67 on DP 182639 Reserve for the purpose of Fire Brigade Station vested in the Western Australian Fire Brigades Board RES 41310 Lot 285 on DP 189379 Reserve for the purpose of Radio Station vested in Bunuba Inc. RES 41311 Lot 284 on DP 189379 Reserve for the purpose of Womens Refuge vested in Bunuba Inc. RES 41748 Lot 271 on DP 91901 Reserve for the purpose of Sand vested in the Shire of Derby-West Kimberley RES 42291 Lot 72 on DP 190680 Reserve for the purpose of Church Site and Manse vested in The Assemblies of God in Western Australia Western Australia Conference Incorporated RES 42494 Lot 315 on DP 190929 Reserve for the purpose of Rehabilitation Centre vested in the Minister for Health RES 47125 Lot 284 on DP 192534 Reserve for the purpose of Public Airstrip vested in the Conservation Commission of Western Australia RES 47332 Lot 291 on DP 220471 Reserve for the purpose of Extraction of Gravel for Construction, Repair and Maintenance of Roads vested in the Commissioner of Main Roads RES 47782 Lot 292 on DP 194437 Reserve for the purpose of Water vested in the Commissioner of Main Roads RES 49255 Lots 507 and 508 on DP Reserve for the purpose of School Site 70567 vested in the Minister for Education RES 51198 Lot 186 on DP 215795 Reserve for the purpose of Government Requirements (previously subject to Special Lease I150294 (Crown Lease 186/1987))

(4) UCL Areas UCL 05 Road through Blina Station to Great Northern Highway Government Gazette 24 July 1980 Portion of Portion of Great Northern Highway in Fitzroy Crossing South of UCL 06 Reserve 45046, North of Reserve 36669 and west of Reserve 26771, closure in Government Gazette 19 May 1978 and of Road 296, Main Road Derby to Halls Creek established 15 October 1889 and closed 16 June 1978 Portion of South of Reserve 20668 and north of Great Northern Highway, Fitzroy UCL 07 Crossing – portion previously part of Great Northern Highway, closure in Government Gazette 7 December 1979 Portion of Area in Fitzroy Crossing east of Fallon Rd, north of Great Northern UCL 10 Highway, west of Reserve 36958, portion previously part of Great Northern Highway, closure in Government Gazette 7 December 1979 UCL 18 Lot 156 on DP 213655 previously subject to Reserve 35166 for the purpose of Sewerage Treatment Plant Site vested in the Minister for Water Resources UCL 19 Lot 88 on DP 182448, Lot 88 Russ Road previously subject to Special Lease 3116/10325 UCL 25 Lot 504 on DP 53729 previously subject to Reserve 35090 for the purpose of Water Supply vested in the Minister for Water Resources UCL 35 Lot 401 on DP 76782 previously subject to Reserve 36958 for the purpose of Hospital, Community Health Centre and Health Purposes

(5) The areas the subject of the following public works: (5.1) Roads: Road Location and dedication Number 1 Extension to Great Northern Highway, Fitzroy Crossing as shown on Diagrams 70310 and 74143 approved by Surveyor General 21 March 1968 and 17 July 1969 respectively 2 Mangkurla Road, Fitzroy Crossing as shown on Survey Plan 16675 certified as correct 20 December 1989 3 Flynn Drive, Poole Court and Henwood Close, Fitzroy Crossing as shown on Survey Plan 17694 certified correct 14 February 1992 4 Bell Road, Fitzroy Crossing as shown on Survey Plan 15795 approved 23 August 1983 5 Emanuel Way and southern portion Forrest Road, Fitzroy Crossing as shown on Survey Plan 13656 approved circa 19 September 1978 6 Geikie Place, portion McLarty Road and portion Flynn Drive, Fitzroy Crossing as shown on Survey Plan 16506 certified correct 18 November 1988 7 Portions Fallon Rd, Flynn Dr, Forrest Rd, McLarty Road and all of Millard Road and MacDonald Way, Fitzroy Crossing as shown on Survey Plan 13653 approved 28 September 1978 8 Spinifex Place, Fitzroy Crossing as shown on DP 55639 approved 19 October 2007 9 Jones Road (being a portion of what is now known as Flynn Drive), Fitzroy Crossing as shown on Survey Plan 13654 approved 28 September 1978 10 Henwood Close and portion of Flynn Drive, Fitzroy Crossing as shown on Survey Plan 17038 certified correct 18 November 1988 11 Extension to Great Northern Highway, Fitzroy Crossing as set out in Government Gazette 3 December 1965 12 Portion of McLarty Road, Fitzroy Crossing as shown on Survey Plan 15426 approved circa 31 May 1984 13 Extension to Great Northern Highway, Fitzroy Crossing as set out in Government Gazette 13 March 1981 14 Extension to Great Northern Highway, Fitzroy Crossing as set out in Government Gazette 7 July 1967 15 Extension to Flynn Drive, Fitzroy Crossing as shown on Survey Plan 189000 certified correct 1 June 1990 16 Road “leaving Derby townsite and extending in a north-easterly direction … along the south side of Lennard River to Wingrah Pool near the Devil’s Pass in Napier Range” Government Gazette 11 February 1886 17 “A Road starting from Wingrate Pool and extending South by East about 14 miles to Mowrrowia Pool at Elimbirrie Cliff Station” Government Gazette 11 February 1886 18 Skuthorp Road, Fitzroy Crossing – portion of Road 296 (Fitzroy Crossing Jubilee Downs Road) “A main road three chains wide from Derby to Hall’s Creek …” Government Gazette 17 October 1889 and extension to Road 296 Government Gazette 16 March 1979 19 Portion of Fitzroy Crossing Jubilee Downs Road, Road 296 “A main road three chains wide from Derby to Hall’s Creek …” Government Gazette 17 October 1889 20 Portion of Fitzroy Crossing Jubilee Downs Road, Road 296 “A main road three chains wide from Derby to Hall’s Creek …” Government Gazette 17 October 1889 21 Road 3179 “..starting from the Telegraph Station at Fitzroy Crossing and extending Northward via Brooking Creek…to Leopold Downs Station….” Government Gazette 10 July 1908 36 Extension of Great Northern Highway in Fitzroy Crossing as set out in Government Gazette 13 March 1981 37 Extension of Russ Road in Fitzroy Crossing as set out in Government Gazette 21 December 1979 38 Extension of Russ Road in Fitzroy Crossing as set out in Government Gazette 21 December 1979 39 Extension of Great Northern Highway, Fitzroy Crossing as shown on Survey Plan 73143 approved 17 July 1969 40 Great Northern Highway, Road 11052 Government Gazette 13 May 1955 41 Extension to Great Northern Highway Government Gazette 27 June 1997 42 Portion of Great Northern Highway (Road 14498) through Jubilee Downs Station Government Gazette 7 May 1971 43 Sandford Road, Fitzroy Crossing Road 16710 Government Gazette 25 September 1981 44 Balanijangarri Road, Fitzroy Crossing Road 18723 Government Gazette 28 June 1996 45 Widening of Henwood Close, Fitzroy Crossing Road 18818 Government Gazette 21 May 1996 Closed Road 11052 (Great Northern Highway) portion through Pastoral Lease Road 1 3114/930 (Jubilee Downs) closed Government Gazette 7 December 1979 Closed Road 11052 (Great Northern Highway) portion through Reserve 9656 Road 2 closed Government Gazette 19 May 1978

(5.2) Reserves

Reserve for the purpose of Office and Lot 66 on DP31871 RES 30810 Quarters (Native Welfare Department) – Fitzroy Crossing Construction of buildings

(5.3) UCL areas comprising public works UCL 20 Lot 321 on DP 194802 comprising the concrete crossing of the Fitzroy River at Yurabi Road registered on the Register of Heritage Places under the Heritage of Western Australia Act 1990

UCL 21 Lot 334 on DP 194802 comprising the concrete crossing of the Fitzroy River at Yurabi Road registered on the Register of Heritage Places under the Heritage of Western Australia Act 1990

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