Extract from the National Native Title Register Determination Information: Determination Reference: Federal Court Number(s): SAD6008/1998 NNTT Number: SCD2013/002 Determination Name: Far West Coast Native Title Claim and The State of South Australia & Ors (Far West Coast) Date(s) of Effect: 5/12/2013 Determination Outcome: Native title exists in parts of the determination area Register Extract (pursuant to s. 193 of the Native Title Act 1993) Determination Date: 05/12/2013 Determining Body: Federal Court of Australia ADDITIONAL INFORMATION: Note: This application was determined on 5 December 2013. The Indigenous Land Use Agreement referred to in Order 6 & 8 (SI2014/003 – Far West Coast Native Title Claim Settlement ILUA) was registered on the Register of Indigenous Land Use Agreements on 22 Apr 2014. REGISTERED NATIVE TITLE BODY CORPORATE: Far West Coast Aboriginal Corporation RNTBC Agent Body Corporate PO Box 378 CEDUNA South Australia 5690 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 Under the relevant traditional laws and customs of the Kokatha, Mirning and Wirangu who comprise the Far West Coast People the native title holders are those living Aboriginal people who: A (i) are descendant, either through birth or adoption, from one or more of the following Kokatha, Mirning and Wirangu antecedents: Bingi; Eliza Ellen (Ware); Maggie, mother of Jimmy Scott; Yari Wagon Billy; Koigidi and Anbing; Kulbala; Eva and Pompey; Jinnie (Dunnett); Yabi Dinah ;Siblings Nellie Gray, Dhubalgurda Frank Gray and Kwana Teddy Gray; Bobby Wandrooka; Wirangu mother of Jimmy and Arthur Richards; Wirangu mother of Ada Beagle; Tjabilja (Lawrie); Sally Broome; Mark Mirka Kelly; National Native Title Tribunal Page 1 of 24 Extract from the National Native Title Register SCD2013/002 Tommy Munia; Peter and Nellie Tjubedie; Binilya and Kaltyna; Topsy (Miller); Harry Yari Miller, son of Maggie Burilya; Maggie Inyalonga (Miller); Billy Danba (Dunbar) and Topsy; Billy Benbolt and Fanny; Judy (Struthers); Nellie (Betts); Emma (Bilney); Jimmy Blueskin; Jack McCarthy; Eva Nudicurra (Modikari); Marangali Jim Young and Lucy Mundy; Betsy (affinal links to Tjuna family); Siblings, Milaga (affinal links to Tjuna family) and Munjinya; and Toby Ngampija Roberts, son of Moonlight Lightning; or (ii) are descendant, either through birth or adoption, from any other person acknowledged by the native title holders as a Kokatha, Mirning or Wirangu antecedent where the antecedent was born on or near the Determination Area at or around the time of sovereignty; AND who are recognised by other native title holders under the relevant traditional laws and customs of the Far West Coast Peoples as having realised their rights through knowledge, association and familiarity with the Determination Area gained in accordance with the laws and customs of the native title holders, and therefore as holding native title rights and interests in the Native Title Land; or B were born within the Determination Area and have gained knowledge of the land and waters of the Determination area in accordance with the traditional laws and customs of the native title holders, and are recognised by other native title holders under their relevant traditional laws and customs as having native title rights and interests in the Native Title Land; or C have mythical or ritual knowledge and experience of the Determination Area and have responsibility for the sites and strings of sites within the Determination Area that are associated with the Tjukurpa (Dreaming) and are recognised by other native title holders under their relevant traditional laws and customs as having native title rights and interests in the Native Title Land. MATTERS DETERMINED: THE COURT ORDERS, DECLARES AND DETERMINES BY CONSENT THAT: Interpretation & Declaration 1 In this determination, including its schedules: a) unless the contrary intention appears, the words and expressions used have the same meaning as they are given in Part 15 of the Native Title Act; b) “Adjacent land” has the meaning given to it in the Harbors and Navigation Act 1993 (SA); c) “Low Water Mark” means the lowest astronomical tide; d) “Reserves” means a reserve as defined in the National Parks and Wildlife Act 1972 (SA) and a Wilderness Protection Area or Wilderness Protection Zone under the Wilderness Protection Act 1992 (SA); and e) in the event of an inconsistency between a description of an area in a schedule and the depiction of that area on the map in Schedule 2, the written description shall prevail. Determination Area 2 Schedule 1 describes the external boundaries of the Determination Area (“the Determination Area”). 3 To the extent that the area covered by the Application extends beyond the Determination Area, it is dismissed. Areas within Determination Area where native title exists (Native Title Land) 4 Subject to items 1, 3, 4, 5 and 6 of Schedule 7, native title exists in the lands and waters described in Schedule 3. 5 Section 47A and section 47B of the Native Title Act apply to those parcels or parts of parcels described in Schedule 4 and Schedule 5. Subject to items 3 and 4 of Schedule 7, all extinguishment of native title rights and interests over those areas is disregarded and native title exists in those parcels or parts of parcels. National Native Title Tribunal Page 2 of 24 Extract from the National Native Title Register SCD2013/002 6 The Court notes that the State and the Applicant have agreed to execute an Indigenous Land Use Agreement (The Far West Coast Native Title Claim Settlement ILUA) contemporaneously with this Determination the effect of which will be, upon it being registered on the Register of Indigenous Land Use Agreements, that subject to items 3 and 4 of Schedule 7 native title exists in Adjacent land vested in the Minister under section 15(1)(a) of the Harbors and Navigation Act 1993 (SA) as identified on the maps at Schedule 2 and described in Schedule 6. Areas within Determination Area where native title is extinguished. 7 Native title has been extinguished in those areas described in Schedule 7 and, subject to the liberty to apply, those areas described in Schedule 11. 8 Upon the Far West Coast Native Title Claim Settlement ILUA being registered on the Register of Indigenous Land Use Agreements, native title is extinguished over those areas described in Schedule 8. Native Title Holders 9 Under the relevant traditional laws and customs of the Kokatha, Mirning and Wirangu who comprise the Far West Coast People the native title holders are those living Aboriginal people who: A (i) are descendant, either through birth or adoption, from one or more of the following Kokatha, Mirning and Wirangu antecedents: Bingi; Eliza Ellen (Ware); Maggie, mother of Jimmy Scott; Yari Wagon Billy; Koigidi and Anbing; Kulbala; Eva and Pompey; Jinnie (Dunnett); Yabi Dinah; Siblings Nellie Gray, Dhubalgurda Frank Gray and Kwana Teddy Gray; Bobby Wandrooka; Wirangu mother of Jimmy and Arthur Richards; Wirangu mother of Ada Beagle; Tjabilja (Lawrie); Sally Broome; Mark Mirka Kelly; Tommy Munia; Peter and Nellie Tjubedie; Binilya and Kaltyna; Topsy (Miller); Harry Yari Miller, son of Maggie Burilya; Maggie Inyalonga (Miller); Billy Danba (Dunbar) and Topsy; Billy Benbolt and Fanny; Judy (Struthers); Nellie (Betts); Emma (Bilney); Jimmy Blueskin; Jack McCarthy; Eva Nudicurra (Modikari); Marangali Jim Young and Lucy Mundy; Betsy (affinal links to Tjuna family); Siblings, Milaga (affinal links to Tjuna family) and Munjinya; and Toby Ngampija Roberts, son of Moonlight Lightning; or (ii) are descendant, either through birth or adoption, from any other person acknowledged by the native title holders as a Kokatha, Mirning or Wirangu antecedent where the antecedent was born on or near the Determination Area at or around the time of sovereignty; AND who are recognised by other native title holders under the relevant traditional laws and customs of the Far West Coast Peoples as having realised their rights through knowledge, association and familiarity with the Determination Area gained in accordance with the laws and customs of the native title holders, and therefore as holding native title rights and interests in the Native Title Land; or B were born within the Determination Area and have gained knowledge of the land and waters of the Determination area in accordance with the traditional laws and customs of the native title holders, and are recognised by other native title holders under their relevant traditional laws and customs as having native title rights and interests in the Native Title Land; or C have mythical or ritual knowledge and experience of the Determination Area and have responsibility for the sites and strings of sites within the Determination Area that are associated with the Tjukurpa (Dreaming) and are recognised by other native title holders under their relevant traditional laws and customs as having native title rights and interests in the Native Title Land. Rights And Interests 10 Subject to paragraphs 11, 12, 13 and 14 the nature and extent of the native title rights and interests in the Native Title Land are non-exclusive rights to use and enjoy, in accordance with the native title holders’ traditional laws and customs, the land and waters, being: National Native Title Tribunal Page 3 of 24 Extract from the National Native Title Register SCD2013/002 a) the right to access and