McKellar on behalf of the Budjiti People v State of Queensland [2015] FCA 601

FEDERAL COURT OF AUSTRALIA

McKellar on behalf of the Budjiti People v State of Queensland [2015] FCA 601 Citation: McKellar on behalf of the Budjiti People v State of Queensland [2015] FCA 601

Parties: DINNY MCKELLAR, MELISSA BRYAN, PHILLIP EULO, MARGARET HEARN, CAROLYN HOOPER and ELIZABETH MCNIVEN v STATE OF QUEENSLAND, BULLOO SHIRE COUNCIL, PAROO SHIRE COUNCIL, ERGON ENERGY CORPORATION LIMITED, TELSTRA CORPORATION LIMITED, BRIDGEFIELD PTY LIMITED, DELHI PETROLEUM PTY LTD, MOONIE PIPELINE COMPANY PTY LTD, ORIGIN ENERGY CSG LIMITED, SANTOS LIMITED, VAMGAS PTY LTD, GEOFF BARTON, BUNDOONA NOMINEES PTY LTD, FAY MARY COONEY, GRANT PATRICK COONEY, EILEEN JEAN EASTON, GORDON CHARLES EASTON, RANDALL KENNETH NEWSHAM and GREGORY NOEL VICARY SHERWIN

File number: QUD 53 of 2007

Judge: MANSFIELD J

Date of judgment: 23 June 2015

Catchwords: NATIVE TITLE – consent determination – requirement under s 87 of the Native Title Act 1993 (Cth) – resolution by agreement of claim for determination of native title

Legislation: Native Title Act 1993 (Cth)

Cases cited: Lovett on behalf of the Gunditjmara People v Victoria [2007] FCA 474 Munn for and on behalf of the Gunggari People v State of Queensland [2001] FCA 1229

Date of hearing: 23 June 2015

Date of last submissions: 17 June 2015

Place: Currawinya Woolshed

Division: GENERAL DIVISION

Category: Catchwords

Number of paragraphs: 84

Solicitor for the Applicants: P Bishop on behalf of Queensland South Native Title Services

Solicitor for the State of Queensland: G Morrison on behalf of Crown Law for the State of Queensland

IN THE FEDERAL COURT OF AUSTRALIA QUEENSLAND DISTRICT REGISTRY GENERAL DIVISION QUD 53 of 2007

BETWEEN: DINNY MCKELLAR

First Applicant

MELISSA BRYAN

Second Applicant

PHILLIP EULO

Third Applicant

MARGARET HEARN

Fourth Applicant

CAROLYN HOOPER

Fifth Applicant

ELIZABETH MCNIVEN

Sixth Applicant

AND: STATE OF QUEENSLAND

First Respondent

BULLOO SHIRE COUNCIL

Second Respondent

PAROO SHIRE COUNCIL

Third Respondent

ERGON ENERGY CORPORATION LIMITED

Fourth Respondent

TELSTRA CORPORATION LIMITED

Fifth Respondent

BRIDGEFIELD PTY LIMITED

Sixth Respondent

DELHI PETROLEUM PTY LTD

Seventh Respondent

MOONIE PIPELINE COMPANY PTY LTD

Eighth Respondent

ORIGIN ENERGY CSG LIMITED

Ninth Respondent

SANTOS LIMITED

Tenth Respondent

VAMGAS PTY LTD

Eleventh Respondent

GEOFF BARTON

Twelfth Respondent

BUNDOONA NOMINEES PTY LTD

Thirteenth Respondent

FAY MARY COONEY

Fourteenth Respondent

GRANT PATRICK COONEY

Fifteenth Respondent

EILEEN JEAN EASTON

Sixteenth Respondent

GORDON CHARLES EASTON

Seventeenth Respondent

RANDALL KENNETH NEWSHAM

Eighteenth Respondent

GREGORY NOEL VICARY SHERWIN

Nineteenth Respondent

JUDGE: MANSFIELD J DATE OF ORDER: 23 JUNE 2015 WHERE MADE: CURRAWINYA WOOLSHED

BEING SATISFIED that an order in the terms set out below is within the power of the Court, and it appearing appropriate to the Court to do so, pursuant to s 87 of the Native Title Act 1993 (Cth)

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(a)-(q) of Schedule 4 being registered on the Register of Indigenous Land Use Agreements. 3. In the event that the agreements referred to in paragraph 2 are not registered on the Register of Indigenous Land Use Agreements within six (6) months of the date of this order or such later time as this Court may order, the matter is to be listed for further directions. 4. Each party to the proceedings is to bear its own costs.

BY CONSENT THE COURT DETERMINES THAT: 5. The Determination Area is the land and waters described in Schedule 1A and depicted on the map attached to Schedule 1B. 6. Native title exists in relation to the Determination Area described in Part 1 of Schedule 1. 7. The native title is held by the Budjiti 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 1A are the non-exclusive rights to: (a) access, be present on, move about on and travel over the area; (b) camp, and live temporarily on the area as part of camping, and for that purpose build 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, use, share and exchange 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 ceremonies and hold meetings on the area; (g) be buried and bury native title holders within the area; (h) 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 from physical harm; (i) teach on the area the physical and spiritual attributes of the area; (j) light fires on the area for domestic purposes including cooking, but not for the purpose of hunting or clearing vegetation; and (k) be accompanied onto the area by certain non-native title holders, being: (i) spouses and other immediate family members of native title holders, pursuant to the exercise of traditional laws and customs; and (ii) people required under the traditional laws acknowledged and traditional customs observed by the native title holders for the performance of, or participation in ceremonies. 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. 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; (b) to the extent the other interests are inconsistent with the continued existence, enjoyment or exercise of the native title rights and interests in relation to the land and waters of the Determination Area, the native title continues to exist in its entirety but the native title rights and interests have no effect in relation to the other interests to the extent of the inconsistency for so long as the other interests exist; and (c) 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. 14. The Applicant (through the Prescribed Body Corporate), the State of Queensland, or any other Respondent Party have liberty to apply to the Court on 14 days' notice to establish the precise location and boundaries of any public works and adjacent land and waters referred to in Schedule 2.

DEFINITIONS AND INTERPRETATION 15. 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 same meaning as in the Local Government Act 2009 (Qld); "Local Government Area" has the same meaning as 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, but does not include: (a) animals that are the private personal property of another; (b) crops that are the private personal property of another; and (c) minerals as defined in the Mineral Resources Act 1989 (Qld) or petroleum as defined in the Petroleum Act 1923 (Qld) and the Petroleum and Gas (Production and Safety) Act 2004 (Qld); "Plant" has the same meeting as in the Nature Conservation Act 1992 (Qld); "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; (b) water from an underground water source; and (c) 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: 16. The native title is held in trust. 17. The Budjiti Aboriginal Corporation (ICN: 8210), incorporated under the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Cth), is to: (a) be the prescribed body corporate for the purpose of ss 56(2)(b) and 56(3) of the Native Title Act 1993 (Cth); and (b) 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 following land and waters described in Part 1 of Schedule 1A to the extent that they fall within the External Boundary described in Part 2 of Schedule 1A and depicted in the Map at Schedule 1B, excluding the areas described in Schedule 2.

Part 1 – Non-Exclusive Areas (a) The land and waters comprised of the lots and part lots listed below: That part of Lot 8 on CP892351 that falls within the External Boundary Lot 10 on WN123 Lot 15 on NPW591 Lot 1 on WN125 Lot 2 on WN125 That part of Lot 4 on WN234 that falls within the External Boundary That part of Lot 4 on CP880081 that falls within the External Boundary Lot 1 on WN19 That part of Lot 5 on SP126466 that falls within the External Boundary That part of Lot 5213 on PH1110 that falls within the External Boundary That part of Lot 1 on SP271973 that falls within the External Boundary Lot 1306 on SP274642 That part of Lot 2 on WN7 that falls within the External Boundary Lot 1 on WN101 Lot 6 on WELL5382 Lot 8 on WELL5382 Lot 301 on Y2521 Lot 302 on Y2521 Lot 303 on Y2521 Lot 304 on Y2521 Lot 305 on Y2521 Lot 307 on Y2521 Lot 308 on Y2521 Lot 309 on Y2521 Lot 401 on Y2521 Lot 402 on Y2521 Lot 403 on Y2521 Lot 404 on Y2521 Lot 405 on Y2521 Lot 407 on Y2521 Lot 408 on Y2521 Lot 409 on Y2521 Lot 410 on Y2521 Lot 501 on Y2521 Lot 502 on Y2521 Lot 503 on Y2521 Lot 504 on Y2521 Lot 505 on Y2521 Lot 507 on Y2521 Lot 508 on Y2521 Lot 509 on Y2521 Lot 510 on Y2521 Lot 2 on WN120 That part of Lot 1295 on PH1617 that falls within the External Boundary That part of Lot 21 on HU53 that falls within the External Boundary That part of Lot 2 on WN122 that falls within the External Boundary Lot 9 on W51224 Lot 26 on WN185 Lot 7 on WELL5389 Lot 35 on W51224 Lot 33 on WN147 Lot 5 on WN216 Lot 32 on AP15633 That part of Lot 46 on SP132689 excluding previous Allotments 6 & 7 of Section 9, Allotment 10 of Section 10 on plan E1813 and an area identified as road to be closed (part of Shea Street) and delineated by station numbers 5-16-14-8-5 on SP132689 . Lot 1 on AP5785 That part of Lot 2 on AP5785 excluding former Allotment 8 of Section 9 on plan E1813 Lot 101 on E1811 Lot 804 on E1813 Lot 7 on WN187 That part of Lot 1673 on PH2276 that falls within the External Boundary That part of Lot 2828 on PH276 that falls within the External Boundary That part of Lot 2829 on PH307 that falls within the External Boundary That part of Lot 23 on NPW450 excluding an area identified as Lot 15 on NL8025469 Lot 4904 on SP207172 Lot 1 on SP207172 Lot 4907 on PH2235 That part of Lot 2669 on PH2064 that falls within the External Boundary Lot 1803 on PH635 Lot 4903 on SP271327 Lot 3 on WY11 That part of Lot 11 on CP855300 that falls within the External Boundary That part of Lot 10 on CP855300 that falls within the External Boundary Lot 2 on NL24 Lot 1 on WY15 Lot 103 on C2561 Lot 104 on C2561 Lot 105 on C2561 Lot 106 on C2561 Lot 107 on C2561 Lot 108 on C2561 Lot 109 on C2561 Lot 110 on C2561 Lot 201 on C2561 Lot 202 on C2561 Lot 204 on C2561 Lot 205 on C2561 Lot 206 on C2561 Lot 207 on C2561 Lot 208 on C2561 Lot 209 on C2561 Lot 210 on C2561 Lot 1 on NL24 Lot 5096 on PH550 Lot 5098 on PH547 Lot 1 on NL13 Lot 12 on NL25 Lot 1 on AP19910 Lot 1 on NL7 Lot 2 on NL7 Lot 3 on NL7 Lot 13 on H2346 Lot 11 no NL12 Lot 1 on H2344 Lot 2 on H2344 Lot 3 on H2344 Lot 4 on H2344 Lot 5 on H2344 Lot 6 on H2344 Lot 7 on H2344 Lot 8 on H2344 Lot 10 on H2344 Lot 3 on H2341 Lot 4 on H2341 Lot 7 on H2341 Lot 8 on H2341 Lot 9 on H2341 Lot 10 on H2341 Lot 12 on H2341 Lot 13 on H2341 Lot 14 on H2341 Lot 16 on H2341 Lot 17 on H2341 Lot 18 on H2341 Lot 21 on H2341 Lot 22 on H2341 Lot 23 on H2341 Lot 203 on H2341 Lot 907 on H2341 Lot 908 on H2341 Lot 909 on H2341 Lot 807 on H2341 Lot 808 on H2341 Lot 14 on NL26 Lot 1 on AP19910 Lot 8 on WELL534 Lot 7 on W5165 That part of Lot 1 on KU77 that falls within the External Boundary Lot 2 on WY12 Lot 2 on SP271973 Lot 3 on SP271973 Lot 1257 on PH1992 Lot 4852 on PH1531 That part of Lot 36 on WN217 that is not subject to the Eulo Telecommunications Facility, which is a public work as defined in paragraph 2(b) of schedule 2 Lot 3 on WY802468 That part of Lot 102 on H2341 that is not subject to the Hungerford Telecommunications Facility, which is a public work as defined in paragraph 2(b) of schedule 2

(b) The waters within the External Boundary Description including but not limited to: (i) Paroo River; (ii) Bow Creek; (iii) Bundilla Creek; (iv) Mirraparoo Creek; and (v) Yowah Creek.

Part 2 - External Boundary of the Determination Area The External Boundary of the Determination Area commences at a point on the Queensland – New South Wales State Border at Longitude 143.684697° East, a point on the Kullilli People Native Title Determination external boundary, and extending generally northerly and generally north-easterly along that external boundary to Latitude 27.686700° South, further described as: Generally northerly and generally north-easterly along a ridgeline to Longitude 144.067132° East, Latitude 28.175252° South, about 32 km south-easterly of Thargomindah and about 3 km easterly of Dynevor Downs No. 9 Bore passing through the following coordinate points. Longitude East Latitude South 143.684528 28.997830 143.684328 28.996186 143.684424 28.992798 143.685031 28.988488 143.685773 28.984522 143.686906 28.980666 143.687782 28.977100 143.689501 28.973185 143.690183 28.969850 143.691130 28.966916 143.691476 28.962493 143.692596 28.957433 143.692932 28.951920 143.692811 28.946524 143.693144 28.940896 143.692972 28.936591 143.692976 28.930678 143.692847 28.924422 143.692798 28.919600 143.692286 28.914149 143.691318 28.908587 143.690095 28.903658 143.688352 28.898848 143.685427 28.893012 143.684660 28.888080 143.684282 28.882973 143.685335 28.877627 143.686198 28.872799 143.689203 28.867210 143.691114 28.862948 143.694719 28.858790 143.698459 28.855148 143.704422 28.852180 143.708772 28.850715 143.714753 28.849583 143.719763 28.848975 143.726019 28.849219 143.732736 28.849977 143.739245 28.849473 143.745550 28.848110 143.749368 28.845615 143.753442 28.842832 143.757112 28.838501 143.759038 28.835789 143.761405 28.831581 143.763446 28.827261 143.764444 28.822949 143.766487 28.812429 143.767145 28.806741 143.767622 28.802375 143.767629 28.796634 143.767186 28.791470 143.765968 28.787000 143.764231 28.782764 143.762374 28.779562 143.760045 28.774698 143.757978 28.770062 143.754799 28.764859 143.752077 28.759826 143.749542 28.754045 143.748446 28.748599 143.747397 28.741659 143.746894 28.737127 143.746384 28.731849 143.746671 28.728058 143.748055 28.723169 143.750031 28.718965 143.751690 28.715566 143.753734 28.711534 143.756108 28.708015 143.758355 28.704785 143.759305 28.702138 143.759926 28.699148 143.760929 28.695295 143.761014 28.690817 143.759996 28.686748 143.758664 28.683944 143.756356 28.681146 143.753005 28.678356 143.749057 28.674422 143.746812 28.671452 143.743392 28.668260 143.740426 28.664893 143.737578 28.660263 143.735972 28.656083 143.735741 28.652525 143.736942 28.648900 143.738474 28.645847 143.740714 28.641813 143.742317 28.639506 143.745393 28.634490 143.748414 28.630508 143.750591 28.626877 143.753222 28.622955 143.756172 28.618342 143.757688 28.613682 143.759075 28.609194 143.759942 28.604768 143.760357 28.600746 143.760443 28.596325 143.760917 28.591729 143.760552 28.587828 143.759476 28.584448 143.757490 28.581304 143.754200 28.578054 143.751568 28.575546 143.748540 28.572410 143.746229 28.569383 143.743980 28.565953 143.743931 28.561189 143.743833 28.557917 143.744054 28.554299 143.744210 28.550279 143.743455 28.546610 143.742306 28.542370 143.741227 28.538933 143.740461 28.534001 143.738717 28.529133 143.735025 28.524795 143.731928 28.521314 143.728439 28.517664 143.724758 28.514474 143.721406 28.511511 143.719619 28.508711 143.719328 28.505785 143.719367 28.503201 143.720049 28.499752 143.719566 28.497172 143.719473 28.494359 143.720100 28.491944 143.721571 28.489293 143.723622 28.486007 143.725483 28.483296 143.730376 28.477579 143.732763 28.475324 143.734897 28.473759 143.737292 28.472193 143.740598 28.470620 143.744032 28.468989 143.746820 28.467535 143.750827 28.464522 143.753337 28.461577 143.755325 28.458521 143.757638 28.455348 143.759882 28.451773 143.761610 28.448776 143.763724 28.445260 143.764999 28.442553 143.766526 28.438983 143.767800 28.436104 143.769330 28.432821 143.771764 28.428672 143.774341 28.425899 143.777120 28.423754 143.780037 28.422299 143.783213 28.420727 143.785997 28.419043 143.788581 28.417131 143.790699 28.414017 143.793009 28.410556 143.796342 28.405252 143.798128 28.401508 143.800035 28.396845 143.801748 28.392356 143.803064 28.387295 143.803286 28.383447 143.803252 28.380060 143.804643 28.375917 143.807336 28.371650 143.810357 28.367726 143.813637 28.363513 143.817821 28.358662 143.823189 28.355008 143.827399 28.352683 143.831996 28.349839 143.837056 28.347795 143.842106 28.344775 143.846842 28.342791 143.852358 28.340687 143.858596 28.339209 143.865286 28.337325 143.871844 28.335155 143.878076 28.333104 143.884966 28.331794 143.891924 28.330656 143.898632 28.330439 143.905270 28.329704 143.911524 28.329834 143.916752 28.331406 143.921970 28.332116 143.927380 28.332424 143.931859 28.330843 143.936729 28.329318 143.942183 28.327616 143.947441 28.326030 143.952121 28.324964 143.956728 28.323268 143.960489 28.321520 143.963401 28.319663 143.966185 28.317865 143.970071 28.315657 143.973632 28.313508 143.977189 28.310956 143.979246 28.308301 143.980069 28.305942 143.980179 28.303989 143.980287 28.301807 143.980123 28.298478 143.979836 28.295897 143.979226 28.293547 143.977765 28.290801 143.976170 28.287655 143.974317 28.284797 143.971024 28.281262 143.969035 28.277830 143.966845 28.273883 143.964654 28.269879 143.963704 28.266269 143.963140 28.261912 143.964877 28.253516 143.966530 28.249543 143.969369 28.246883 143.972218 28.245199 143.975982 28.243681 143.979959 28.244055 143.983926 28.243340 143.987238 28.242398 143.989898 28.241289 143.992419 28.239435 143.994219 28.237012 143.995632 28.235050 143.998284 28.233252 144.001953 28.232605 144.005348 28.232676 144.010200 28.232462 144.015049 28.230539 144.018990 28.227889 144.022418 28.224745 144.025653 28.221945 144.028630 28.218684 144.030572 28.215992 144.032385 28.212553 144.035556 28.208316 144.038534 28.203388 144.041963 28.199842 144.044164 28.196289 144.047076 28.193143 144.050247 28.189365 144.053612 28.185704 144.056718 28.182846 144.060467 28.180679 144.064480 28.178227

Then generally northerly to the Bulloo Developmental Road passing through the following coordinate points. Longitude East Latitude South 144.067132 28.175252 144.069204 28.171584 144.070758 28.168316 144.071344 28.162744 144.070377 28.158600 144.069022 28.155490 144.067536 28.153241 144.063660 28.149140 144.060558 28.146423 144.056746 28.143243 144.052287 28.140349 144.047439 28.137853 144.042010 28.134721 144.036970 28.131075 144.033222 28.127493 144.029928 28.123050 144.026959 28.116311 144.024829 28.111529 144.022763 28.106461 144.021021 28.101682 144.019345 28.095523 144.017927 28.089424 144.016120 28.084127 144.015607 28.078262 144.015355 28.069869 144.015878 28.062285 144.016206 28.055791 144.017051 28.049991 144.018283 28.045514 144.018868 28.040344 144.020422 28.035581 144.022109 28.031279 144.024049 28.027898 144.027156 28.024752 144.030390 28.022180 144.033107 28.020010

Then generally north-easterly passing to the west of Lake Bindegolly, Lake Toomaroo and Lake Hutchinson passing through the following coordinate points. Longitude East Latitude South 144.037635 28.017619 144.041968 28.015169 144.046432 28.011916 144.051737 28.007976 144.055824 28.004647 144.059132 28.000576 144.061186 27.996242 144.062341 27.992080 144.063042 27.987213 144.063577 27.982574 144.065166 27.976100 144.067013 27.969109 144.070464 27.960166 144.072960 27.954662 144.073595 27.952926 144.075898 27.946637 144.078584 27.940159 144.083270 27.933666 144.083270 27.933666 144.086476 27.928798 144.091226 27.922828 144.097974 27.916909 144.104917 27.911391 144.111542 27.907648 144.123066 27.903487 144.132656 27.898820 144.140634 27.894672 144.146163 27.890131 144.152462 27.884729 144.157604 27.880591 144.162102 27.876511 144.166148 27.872033 144.169547 27.867098 144.173466 27.862791 144.177318 27.858084 144.180849 27.853951 144.185025 27.849643 144.189590 27.846308 144.196085 27.841650 144.202390 27.838366 144.210497 27.834046 144.215706 27.829907 144.219429 27.825601 144.222699 27.820552 144.226225 27.814814 144.230261 27.807244 144.234367 27.801219 144.238280 27.795481 144.242965 27.789455 144.247588 27.784002 144.253889 27.779001 144.259740 27.774745 144.265721 27.771176 144.270677 27.768927 144.279494 27.764834 144.285154 27.761209 144.291070 27.756839 144.294986 27.751674 144.299097 27.747366 144.303463 27.742314 144.306285 27.738469 144.308913 27.733823 144.311410 27.729063 144.313327 27.724019 144.315170 27.715940 144.315859 27.709926 144.316286 27.702425 144.316390 27.694982 144.317077 27.687880 144.317073 27.686700

Then generally south-easterly passing through Longitude 144.395150° East, Latitude 27.770780° South to a Longitude 144.438022° East, Latitude 27.806769° south, point about 1.98km westerly of the locality of Jandell; then south easterly along a line drawn to Longitude 144.472591°East, Latitude 27.832120° South for a distance of about 4.4 km to its intersection with a cliff face; then generally south-easterly, generally south-westerly and generally southerly along that cliff face to its southernmost point; then southerly to another cliff face at Longitude 144.479280° East, Latitude 27.871070; then generally westerly, generally south-westerly and easterly along that cliff to its southernmost point at Longitude 144.469760° East; then south-easterly to another cliff face at Longitude 144.472900° East, 27.878470° South; then generally southerly along that cliff to its southernmost point; then generally south-easterly, generally southerly and generally easterly to a point on the Paroo River passing through the following coordinate points. Longitude East Latitude South 144.476048 27.888583 144.483538 27.890888 144.494465 27.898343 144.541671 27.932153 144.549326 27.937894 144.551240 27.944274 144.553154 27.950015 144.559533 27.962773 144.564637 27.971704 144.574205 27.975532 144.579947 27.974894 144.584412 27.973618 144.588240 27.973618 144.590792 27.975532 144.591429 27.979359 144.594619 28.000411 144.595895 28.005514 144.597171 28.013170 144.600998 28.024014 144.604188 28.028480 144.609929 28.029756 144.615033 28.030394 144.625240 28.028480 144.631619 28.024014 144.636722 28.020187 144.641188 28.018911 144.647567 28.018911 144.802583 28.052083 144.978013 28.073135 145.014375 28.075048 145.054564 28.075048 145.077205 28.071676 145.084547 28.070583

Then generally northerly and generally easterly to a point on the ridge of the Moriarty Range through the following coordinate points. Longitude East Latitude South 145.107728 28.065531 145.117882 28.055269 145.140498 28.032016 145.142409 28.026357 145.146280 28.020110 145.149297 28.018035 145.150289 28.017347 145.151050 28.016450 145.151685 28.014640 145.152560 28.013509 145.188688 27.966813 145.229548 27.911742 145.252048 27.859635 145.272182 27.787984 145.273959 27.722850 145.279880 27.671924 145.285208 27.635803 145.286986 27.604420 145.290539 27.586656 145.296460 27.570076 145.305934 27.542245 145.312448 27.513230 145.316593 27.474149 145.316693 27.424651 145.320344 27.425977 145.323176 27.429517 145.328131 27.432702 145.330609 27.433410 145.334149 27.432702 145.349017 27.430225 145.370612 27.426685 145.379107 27.427039 145.400347 27.422083 145.404949 27.422083 145.408843 27.423145 145.412736 27.424915 145.415569 27.427039 145.420170 27.430933 145.422976 27.434386

Then generally southerly along that ridgeline to a point about 4 km south of Koomerang Station passing through the following coordinate points. Longitude East Latitude South 145.420285 27.435168 145.416293 27.436097 145.413202 27.437137 145.411336 27.438116 145.411325 27.438128 145.410286 27.439368 145.409988 27.439724 145.409606 27.441214 145.409806 27.443160 145.409990 27.443431 145.410011 27.443637 145.411565 27.445922 145.414859 27.447915 145.419119 27.449848 145.423641 27.452925 145.425585 27.455953 145.426878 27.458466 145.428245 27.461197 145.429816 27.464908 145.430248 27.465938 145.430455 27.470060 145.429436 27.473613 145.427131 27.478487 145.424049 27.481932 145.420771 27.484805 145.416330 27.486766 145.412088 27.490672 145.407563 27.493260 145.403851 27.494878 145.400700 27.497179 145.399161 27.499302 145.397753 27.502283 145.397634 27.505204 145.397771 27.507722 145.397715 27.510299 145.396824 27.513794 145.395415 27.516719 145.393622 27.519759 145.391633 27.522742 145.388742 27.525557 145.385203 27.527458 145.382310 27.529757 145.380643 27.532339 145.379429 27.535721 145.379373 27.538297 145.379895 27.540242 145.381258 27.543158 145.381439 27.543488 145.381546 27.543718 145.383025 27.546421 145.384118 27.550649 145.384261 27.555114 145.383951 27.558837 145.383576 27.562445 145.382171 27.566342 145.380893 27.569724 145.379423 27.573508 145.377442 27.578438 145.376619 27.582906 145.376117 27.587030 145.375809 27.591554 145.376788 27.595330 145.376986 27.595544 145.377076 27.595890 145.379406 27.598401 145.382831 27.601253 145.387155 27.603129 145.390568 27.605455 145.393356 27.607403 145.395186 27.609825 145.395796 27.612960 145.394968 27.616283 145.393946 27.618634 145.391890 27.620874 145.388676 27.623288 145.385780 27.624729 145.381537 27.627949 145.377806 27.630365 145.375753 27.633406 145.374152 27.636618 145.373197 27.640228 145.373335 27.643090 145.374312 27.646178 145.374474 27.646339 145.374600 27.646738 145.376669 27.648793 145.379252 27.650273 145.382606 27.650778 145.384885 27.651917 145.385292 27.653071 145.385105 27.654846 145.382918 27.656456 145.378029 27.659220 145.373071 27.660954 145.368756 27.661998 145.364700 27.663328 145.361160 27.664828 145.358330 27.666784 145.355889 27.669196 145.353772 27.672063 145.351465 27.676367 145.350513 27.681007 145.349045 27.685249 145.348218 27.689086 145.347331 27.693612 145.347026 27.698765 145.346851 27.704147 145.347512 27.709355 145.348109 27.714449 145.349162 27.720629 145.349947 27.724691 145.350280 27.727896 145.350100 27.731561 145.349534 27.735857 145.348577 27.739066 145.347303 27.743708 145.346283 27.746918 145.345712 27.749955 145.346044 27.752816 145.347405 27.755158 145.347488 27.755283 145.347693 27.755635 145.349637 27.758549 145.352003 27.761092 145.355191 27.764820 145.356538 27.768641 145.357323 27.772360 145.358113 27.774381 145.358753 27.776019 145.358700 27.779397 145.358325 27.783120 145.358985 27.787813 145.360676 27.792387 145.360842 27.792646 145.360923 27.792864 145.366235 27.801092 145.368959 27.806179 145.371869 27.809032 145.374136 27.812345 145.384022 27.819928 145.386700 27.823866 145.387427 27.825342 145.388141 27.826815 145.390226 27.831381 145.390378 27.831848 145.391498 27.835572 145.392607 27.839920 145.392830 27.840305 145.392854 27.840397 145.396111 27.846196 145.397472 27.849008 145.398384 27.852096 145.398468 27.857936 145.398163 27.862803 145.397272 27.866699 145.396128 27.871455 145.396149 27.875789 145.396217 27.878955 145.396234 27.883880 145.396440 27.887886 145.397037 27.892923 145.397504 27.897903 145.397776 27.902310 145.398305 27.906431 145.398509 27.909523 145.398908 27.913186 145.400599 27.918046 145.402612 27.922505 145.403593 27.926681 145.404705 27.931774 145.405947 27.937037 145.407190 27.942759

Then generally southerly to a point easterly of Moonjaree Waterhole passing through the following coordinate points. Longitude East Latitude South 145.407592 27.947165 145.407419 27.953637 145.407952 27.958788 145.407129 27.963028 145.407725 27.967835 145.408385 27.972157 145.408396 27.976135 145.408345 27.980085 145.409453 27.983861 145.410495 27.987235 145.410711 27.987868 145.407908 28.004193 145.398034 28.045334

Then generally south westerly and generally southerly to the Queensland – New South Wales Border at Longitude 145.132100° East passing through the following coordinate points. Longitude East Latitude South 145.398034 28.045334 145.379923 28.121724 145.373615 28.158371 145.346582 28.249686 145.303929 28.379450 145.288310 28.424206 145.263380 28.500202 145.250464 28.534145 145.224632 28.592418 145.189488 28.678928 145.159752 28.749517 145.128880 28.817442 145.109421 28.834853 145.102764 28.860457 145.097643 28.884525 145.094570 28.909106 145.100715 28.946488 145.111469 28.974141 145.127344 28.991552

Then westerly along that State Border back to the commencement point. Note: The Determination Area does not include any land and waters subject to: QUD80/2009 Kullilli People as determined by the Federal Court 02 July 2014 Reference Datum Geographical coordinates are referenced to the Geocentric Datum of Australia 1994 (GDA94), in decimal degrees and are based on the spatial reference data acquired from the various custodians at the time Data Reference and source Topographic features based on the 250K topographic vector data SG55-13 Toompine and SH55-01 Eulo © Commonwealth of Australia (Geoscience Australia) 2006. Cadastral data sourced from the Department of Natural Resources and Mines (QLD) 2015 Application boundary compiled by Queensland south Native title Services based in part on data sourced from Commonwealth of Australia, NNTT (March 2015). Kullilii determination external boundary sourced from Commonwealth of Australia, NNTT (March 2015). Use of Coordinates Where coordinates are used within the description to represent cadastral or topographical boundaries or the intersection with such, they are intended as a guide only. As an outcome to the custodians of cadastral and topographic data continuously recalculating the geographic position of their data based on improved survey and data maintenance procedures, it is not possible to accurately define such a position other than by detailed ground survey. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011. B. Map of Determination Area Schedule 2 – AREAS NOT FORMING PART OF THE DETERMINATION AREA The following areas of land and waters are excluded from the Determination Area. 1. Those land and waters within the External Boundary, which at the time the native title determination application was made: (a) were the subject of one or more Previous Exclusive Possession Acts, within the meaning of s 23B of the Native Title Act 1993 (Cth); and (b) to which none of ss 47, 47A or 47B of the Native Title Act 1993 (Cth) applied at the time of the native title determination application. are excluded from the Determination Area as they could not be claimed in accordance with s 61A of the Native Title Act 1993 (Cth). 2. Specifically, and to avoid any doubt, the land and waters described in (1) above includes: (a) the tenure based exclusions under ss 23B(2) and 23B(3) of the Native Title Act 1993 (Cth) to which s 20 of the Native Title (Queensland) Act 1993 (Qld) applies; (b) the land or waters on which any public work, as defined in s 253 of the Native Title Act 1993 (Cth), is or was constructed, established or situated, and to which ss 23B(7) and 23C(2) of the Native Title Act 1993 (Cth) and to which 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); and (c) but is not limited to, the whole of the land and waters described as: (i) Lot 14 on E1813; (ii) Lot 15 on E1813; (iii) Lot 8 on WN108; (iv) Lot 11 on SP256402; (v) Lot 12 on SP256402; (vi) Lot 1 on CP867479; (vii) that part of Lot 23 on NPW450 identified as Lot 15 on NL8025469; (viii) Lot 3 on WN226; (ix) Lot 36 on WN217 that is subject to the Eulo Telecommunications Facility, which is a public work as defined in paragraph 2(b) of Schedule 2; (x) Lot 20 on HU802463; (xi) Lot 10 on CP867479; (xii) Lot 14 on NL802466; (xiii) Lot 44 on WN223; (xiv) Lot 15 on NL802467; and (xv) that part of Lot 102 on H2341 that is subject to the Hungerford Telecommunications Facility, which is a public work as defined in paragraph 2(b) of schedule 2. Schedule 3 – NATIVE TITLE HOLDERS 1. The native title holders are the Budjiti People. The Budjiti People are the biological descendants of one or more of the following people: (a) Jessie Brooks; (b) Lizzie Brooks; or (c) Gypsy Brooks. 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) the agreement between Dinny McKellar on his own behalf and on behalf of the Budjiti People (QUD532007) and the State of Queensland, which was authorised by the native title claim group on 19 April 2015 and executed by Dinny McKellar on his own behalf and on behalf of the Budjiti People (QUD532007) (the Currawinya National Park, Lake Bindegolly National Park Protected Areas Indigenous Land Use Agreement), and that agreement once it becomes registered as a body corporate ILUA following execution of the agreement by the Registered Native Title Body Corporate; (b) Indigenous Land Use Agreement between Bulloo Shire Council and Dinny McKellar, Phillip Eulo, Margaret Hearn, Carolyn Hooper and Melissa Bryan on behalf of the Budjiti People QUD53/200 which was authorised by the native title claim group on 19 April 2015; (c) Indigenous Land Use Agreement between Ergon Energy Corporation Limited and Dinny McKellar, Phillip Eulo, Margaret Hearn, Carolyn Hooper and Melissa Bryan on behalf of the Budjiti People QUD53/200 which was authorised by the native title claim group on 19 April 2015; (d) the Budjiti People/Yakara ILUA authorised on 19 April 2015; (e) the Budjiti People/Boodgherree ILUA authorised on 19 April 2015; (f) the Budjiti People/Bulloo Downs ILUA authorised on 19 April 2015; (g) the Budjiti People/Bundoona ILUA authorised on 19 April 2015; (h) the Budjiti People/Dynevor Downs ILUA authorised on 19 April 2015; (i) the Budjiti People/Humeburn ILUA authorised on 19 April 2015; (j) the Budjiti People/Jandell and Kyeenee ILUA authorised on 19 April 2015; (k) the Budjiti People/Kilcowera and Zenoni ILUA authorised on 19 April 2015; (l) the Budjiti People/Merimo ILUA authorised on 19 April 2015; (m) the Budjiti People/Moombidary ILUA authorised on 19 April 2015; (n) the Budjiti People/Thargo (aka Besm) ILUA authorised on 19 April 2015; (o) the Budjiti People/Wathopa ILUA authorised on 19 April 2015; (p) the Budjiti People/Wiralla ILUA authorised on 19 April 2015; (q) the Budjiti People/Wombula and Yenloora ILUA authorised on 19 April 2015; (r) the deed of agreement between Dinny McKellar on his own behalf and on behalf of the Budjiti People (QUD532007) and Michael Connolly, Stephen Hagan, Judy Conlon, Brenda Fisher, Elizabeth McAvoy and Kayleen Hopkins for themselves and as the Kullilli Bulloo River Aboriginal Corporation Directors dated 4 March 2015; and (s) the deed of agreement between Dinny McKellar on his own behalf and on behalf of the Budjiti People (QUD532007) and Ronald Herbert McKellar and Maureen Alison McKellar on behalf of the Kunja People dated 5 March 2015. 2. The rights and interests of Santos Limited, Vamgas Pty Ltd, Bridgefield Pty Ltd, Moonie Pipeline Company Pty Ltd, Delhi Petroleum Pty Ltd, and Origin Energy Resources Limited as joint holders of Petroleum Pipeline Licence 6 granted under the Petroleum Act 1923 (Qld). 3. The rights and interests of the holders of any authority, permit, lease or licence made, granted, issued or entered into under the Land Act 1994 (Qld). 4. The rights and interests of Telstra Corporation Limited: (a) as the owner or operator of telecommunications facilities installed within the Determination Area; (b) 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 rights: (i) to inspect land; (ii) to install and operate existing and new telecommunication facilities, including cabling, customer terminal sites, customer radio sites and ancillary facilities; (iii) to alter, remove, replace, maintain, repair and ensure the proper functioning of its existing and any new telecommunications facilities including cabling, customer terminal sites, customer radio sites, and ancillary facilities; (c) for its employees, agents or contractors to access the Determination Area for the purposes of exercising the rights in (i), (ii)and (iii) above in respect of telecommunication facilities in and in the vicinity of the Determination Area; (d) under any licences, leases, access agreements or easements relating to its telecommunications facilities in the Determination Area. (e) The rights and interests in Term Lease 0/238257 over Lot 3 on WY802468. 5. The rights and interests of Ergon Energy Corporation 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; (b) as a distribution entity and the holder of a distribution authority under the Electricity Act 1994 (Qld); (c) created under the Electricity Act 1994 (Qld) and the Government Owned Corporations Act 1993 (Qld) including: (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. 6. The rights and interests of the State of Queensland, the Bulloo Shire Council and the Paroo Shire Council to access, use, operate, maintain and control the dedicated roads in the Determination Area and the rights and interests of the public to use and access the roads. 7. The rights and interests respectively of the Bulloo Shire Council and Paroo Shire Council as the local government for that part of the determination area within their respective Local Government Area, including: (a) its powers, functions, responsibilities and jurisdiction under a Local Government Act; (b) its rights and interests under any interest in land or waters within the Determination Area including under any lease, license, access agreement, easement or reserve in the Determination Area; (c) its rights to use, operate, maintain, replace, restore, remediate, repair and otherwise exercise all other rights as the owner and operator of infrastructure, structures, earthworks, access works, facilities and other improvements within the Determination Area; (d) its rights under any agreements between the local government and third parties which relate to land or water in the Determination Area; and (e) the rights of its employees, agents and contractors to enter upon the Determination Area for the purpose of performing their powers and responsibilities under paragraphs (a) to (d). 8. 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 the respective purpose for which they are reserved. 9. The rights and interests of members of the public arising under the common law, including but not limited to the following: (a) any subsisting public right to fish; and (b) the public right to navigate. 10. 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: (a) waterways; (b) beds and banks or foreshores of waterways; (c) stock routes; and (d) areas that were public places at the end of 31 December 1993. 11. 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.

IN THE FEDERAL COURT OF AUSTRALIA QUEENSLAND DISTRICT REGISTRY GENERAL DIVISION QUD 53 of 2007

BETWEEN: DINNY MCKELLAR

First Applicant

MELISSA BRYAN

Second Applicant

PHILLIP EULO

Third Applicant

MARGARET HEARN

Fourth Applicant

CAROLYN HOOPER

Fifth Applicant

ELIZABETH MCNIVEN

Sixth Applicant

AND: STATE OF QUEENSLAND

First Respondent

BULLOO SHIRE COUNCIL

Second Respondent

PAROO SHIRE COUNCIL

Third Respondent

ERGON ENERGY CORPORATION LIMITED

Fourth Respondent

TELSTRA CORPORATION LIMITED

Fifth Respondent

BRIDGEFIELD PTY LIMITED

Sixth Respondent

DELHI PETROLEUM PTY LTD

Seventh Respondent

MOONIE PIPELINE COMPANY PTY LTD

Eighth Respondent

ORIGIN ENERGY CSG LIMITED

Ninth Respondent

SANTOS LIMITED

Tenth Respondent

VAMGAS PTY LTD

Eleventh Respondent

GEOFF BARTON

Twelfth Respondent

BUNDOONA NOMINEES PTY LTD

Thirteenth Respondent

FAY MARY COONEY

Fourteenth Respondent

GRANT PATRICK COONEY

Fifteenth Respondent

EILEEN JEAN EASTON

Sixteenth Respondent

GORDON CHARLES EASTON

Seventeenth Respondent

RANDALL KENNETH NEWSHAM

Eighteenth Respondent

GREGORY NOEL VICARY SHERWIN

Nineteenth Respondent

JUDGE: MANSFIELD J DATE: 23 JUNE 2015 PLACE: CURRAWINYA WOOLSHED

REASONS FOR JUDGMENT 1 This application was first made on 20 February 2007, and has since been amended to reflect the final decision of the Budjiti People about their claim. It is an application under s 61 of the Native Title Act 1993 (Cth) (the NT Act) for the recognition of the Budjiti People as the holders of native title rights and interests over their country. 2 The lands and waters of the Budjiti claim covers a total area within the external boundary of approximately 16730km² (the Claim Area). The Claim Area is situated in Southwest Queensland centred in the Paroo River extending roughly between the Queensland/New South Wales border in the south to Dynevor Lakes in the north, from Mt Bindegolly in the west to Moonjaree Waterhole in the east and includes the towns of Eulo and Hungerford. 3 That part of the Claim Area which is subject to the proposed determination i.e. where non-exclusive native title can be determined to exist, comprises a total area of approximately 11000km². 4 There are no overlapping or competing native title claims over any part of the Claim Area or any indigenous respondents opposing the Budjiti claim.

Claim Group 5 The native title claim group is the Budjiti People. They are the biological descendants of Jessie Brooks, Gypsy Brooks and Lizzie Brooks. 6 For the reasons which follow, I am well satisfied that the Court should make a determination over the whole of the area of the Budjiti claim, under s 87 of the NT Act. It provides that where the parties to proceedings that hold an interest in the proposed determination area agree on the terms of a consent order the Court may, if it appears to be appropriate to do so, make an order in those terms without conducting a hearing: Lovett on behalf of the Gunditjmara People v Victoria [2007] FCA 474 (Gunditjmara). 7 When making an order under s 87, it is not necessary to examine at length whether the agreement between the parties is grounded on a factual basis which would satisfy the Court at a hearing of the application: Gunditjmara. The primary consideration of the Court is to determine whether there is an agreement and whether it was freely entered into on an informed basis. 8 It is clear that the State of Queensland has taken steps to satisfy itself that there is a credible basis for the application. Nevertheless, s 87 of the NT Act requires the Court to be satisfied as to the appropriateness of the proposed orders. As native title rights are rights in rem, attaching to the land and having effect as against the whole world, the Court has an oversight function to ensure that there is a proper basis for recognition of the those rights: Munn for and on behalf of the Gunggari People v State of Queensland [2001] FCA 1229. 9 As I have indicated, the materials that have been filed and served on all respondent parties including the State to date in this matter are more than sufficient to demonstrate that their application has a credible basis. I am also satisfied that the procedural requirements of s 87(1) are met. In particular, the Determination to be made is consistent with s 94A of the NT Act and there has been no previous determination of native title in the claim area. 10 Section 94A requires the proposed orders to set out details of the matters mentioned in s 225 of the Act. Section 225 defines a determination of native title as: a determination whether or not native title exists in relation to a particular area (the determination area) of land or waters and, if it does exist, a determination of: (a) who the persons, or each group of persons, holding the common or group rights comprising the native title are; and (b) the nature and extent of the native title rights and interests in relation to the determination area; and (c) the nature and extent of any other interests in relation to the determination area; and (d) the relationship between the rights and interests in paragraphs (b) and (c) (taking into account the effect of this Act); and (e) to the extent that the land or waters in the determination area are not covered by a non-exclusive agricultural lease or a non-exclusive pastoral lease – whether the native title rights and interest confer possession, occupation, use and enjoyment of that land or waters on the native title holders to the exclusion of all others. 11 The terms "Native title" and "Native title rights and interests" are defined in s 223(1) of the Act as: …the communal, group or individual rights and interests of Aboriginal peoples or Torres Strait Islanders in relation to land or waters, where: (a) the rights and interests are possessed under the traditional laws acknowledged, and the traditional customs observed, by the Aboriginal peoples or Torres Strait Islanders; and (b) the Aboriginal peoples or Torres Strait Islanders, by those laws and customs, have a connection with the land or waters; and (c) the rights and interests are recognised by the common law of Australia. 12 There is an extensive list of the material before the Court to support the conclusions that I have reached. It is contained in the Annexure A to the written submissions on behalf of the Budjiti People. I shall not repeat it. It includes statements and affidavits of members of the Budjiti People, and a series of anthropological reports of Dr Kevin Murphy, and of Professor David Trigger and Dr Andrew Sneddon. 13 In addition, I have had the benefit of hearing directly from a number of the persons whose affidavits and statements are relied upon. Between 11 and 15 August 2014, the Court heard evidence both at Charleville, and at Eulo, and on various sites of special cultural or historical significance to the Budjiti People about their background, their genealogical lines, about their community, their upbringing and education into Budjiti cultural and social practices, and about the stories attaching to particular places on their country. Those witnesses included (in the order in which they gave evidence) Elizabeth (Liz) McNiven, Dinny McKellar, Philip Eulo, Millie Shillingsworth, Gordon Sullivan, Mick McNiven, LoranMcNiven, Nina Prasad, Ruby Eulo, Doreen McNiven, Ethel Hooper, Burt McKellar, Judy Shillingsworth, Beatrice Eulo, Grace Brown, Mareia Brown, Margie Hearn and Frank Kavenough. 14 It is not necessary to refer in detail to that evidence. It was consistently genuine and impressive. Obviously, some of those people had a greater knowledge or experience of Budjiti laws and customs and stories than others. Some had more opportunity to be exposed to and to learn them than others. There was clearly a structural social group of Budjiti People who were preserving and continuing to pass to younger generations their stories and their cultural and social practices as a communal group, and to preserve and maintain their country and knowledge of it. 15 It is appropriate to say a little more about the history of this claim and the evidence. 16 The explorer Thomas Mitchell travelled through the region from the Warrego River east to Cooper Creek in 1846. Settlement of the Budjiti lands through pastoralism followed in the 1860s. Pastoral stations established during this period within Budjiti country included Tinnenburra (1859), Eulo (1862), Currawinya (1862), Caiwarro (1862) and Dynevor Downs (1871). 17 At the time the Crown acquired legal sovereignty over the Claim Area, in the 1850s to 1870s there was a body of Aboriginal people who were associated with the land and waters of the Claim Area. 18 Those Aboriginal people were or have been variously described as: Poidgerry named by Myles in Curr, 1886 Badjeri in Howitt, 1904 Byjerri in Mathews, 1898 Baddyeri in Mathews, 1905 Badjiri in Tindale, 1974 Badjidi and Badjedi in Tennant-Kelly, n.d. 19 Contemporary claimants refer to themselves as the Budjiti People. They also refer to themselves as the Paroo River People. They assert rights over traditional country that includes Eulo and areas to the north of the township. They are the traditional owners of country between Moonjaree Waterhole, located between Eulo and Cunnamulla, and Lake Bindegolly. Their country includes Hungerford, Lake Wyara, Lake Numalla, Lake Thorlinda and Cuttaburra Creek. Budjiti People consider their lands go south of the Claim Area to include Waanaring, Yantabulla and Enngonia. 20 The neighbours of the Budjiti People are the Kullilli to the west, Mardigan to the north and Kunja to the east. To the south of the Budjiti People are the Barkandji People and to the southeast are the Murrawarri. 21 The Budjiti People comprise the biological descendants of the three acknowledged apical ancestors referred to above. 22 Jessie Brooks, (born around 1878) is identified as a member of the Budjiti Aboriginal society of South-West Queensland, in the oral history of her descendants. This is supported by some documentary evidence. In the correspondence regarding the rejection of Charles Betters (a non-Aboriginal man) proposal of marriage to Jessie, Jessie is described as "a native of the Paroo about Caiwarro". This area is in the claimed Budjiti country, which reinforces the idea of Jessie as Budjiti. Jessie and Charles were never married due to prevention by government authorities. Jessie's relationship with Charles went from 1902-1903, and they had one daughter named Rose. Rose Betters married Charles McNiven, a Murrawarri man, and had seven children: Charles, Thomas, Kathleen, Doreen, Lorna, Percy, and Nancy. 23 Jessie Brooks also had an Aboriginal spouse named Toogler. According to oral history of the family, he was a Parundji or Barkandji man, originally from NSW Paroo River country (south of the Budjiti Claim area). Toogler and Jessie Brooks had two children - Bob and Clara. Bob was known as "Bob Toogler", "Bob Tuglar", or "Bob Barrett", among other variants. He is not known to have had any children. Bob Toogler and his sister Clara Hart (nee Toogler; Jessie's daughter) were recorded speaking Budjiti language by linguist Gavan Breen in 1969, 1971, and 1972. Breen notes that Bob Toogler was the most fluent of all present-day "Badjiri" speakers. Clara Toogler had children with three different fathers - Bertie Reynolds, George Hart, and Jimmy Eulo. Jimmy Eulo's father was also named Jimmy Eulo (Snr.); he was previously named as an apical ancestor on the Budjiti Claim. However, evidence from Ruby Eulo (Jimmy Eulo Jnr's daughter) and Ruby's nephew Phillip Eulo, shows that Jimmy Eulo Snr was not a Budjiti man. 24 Jessie Brooks was clearly a Budjiti woman, who held rights and interests in the Budjiti Claim Area, and consequently her biological descendants also hold rights and interests in the Claim Area. 25 Lizzie Brooks is commonly regarded as Jessie Brooks' sister. However, research has revealed no evidence that the two were biologically related. Nothing is known of their parents. Lizzie and Jessie could possibly have been classificatory sisters, and as such, Dr Murphy recommends they be treated "analytically as apical ancestors in their own rights". 26 The identification of Lizzie Brooks as a Budjiti woman is supported by the oral history of her descendants. In terms of documentary evidence, McKeown refers to "one independent source … in support of the claim that these women [the Brooks sisters] were Budjiti" – a recording made by the linguist Gavan Breen on the 15 July 1972, where Mary McKellar is speaking Budjiti. 27 Lizzie had three daughters (to unknown fathers) - Jessie, May and Ethel. There is speculation that Lizzie may have had a fourth daughter, named Gypsy. It is unknown whether Lizzie and Gypsy were mother and daughter, or whether Gypsy was the daughter of an unnamed sister of Lizzie. Lizzie's daughter Jessie (Jintu) is remembered by living Budjiti Claimants, including her grandson Danny or Dinny McKellar and Lorna McNiven (Jessie Brooks' granddaughter). Jessie had a son named Jack Barrett, to a man also named Jack Barrett. She also had a daughter with Jack Gwydir named Mary. Mary used the surname Barrett, and was more commonly known as "Nin". Mary (Nin) married and had eight children with Alf McKellar (a Kunja man). 28 Lizzie's daughter May had five children with a man named Charlie Martin, and three children with a man named Norman Turner (according to genealogies compiled by Gorecki [2009]). One of Lizzie's daughters, Doris Turner, refers to her mother by the name of "Nell Brooke" in a 2005 publication. 29 The existence of Lizzie's third daughter Ethel Brooks is widely accepted by descendants of Lizzie's other daughters, Jessie and May. The oral history of the family holds that Ethel moved to Sydney as a young woman. Her death certificate confirms this information, marrying Norman Coleman in Sydney. 30 The claim that Lizzie was a Budjiti woman is not known to be disputed by any Budjiti People, or by any others from neighbouring Aboriginal groups in South-West Queensland. 31 It is unknown whether Gypsy Brooks was the daughter of Lizzie Brooks, or the daughter of an unnamed sister (classificatory or otherwise) of Lizzie and Jessie Brooks. Gypsy Brooks is identified as a Budjiti woman through the oral history of her descendants. There is general acceptance of Gypsy as Budjiti among the Budjiti Claim group. Dr Murphy concludes that it is more likely than not that Gypsy Brooks was a Budjiti ancestor, "on the basis that the descendants of Lizzie and Jessie Brooks acknowledge that Gypsy was related to Lizzie and Jessie, although they are not sure how, and that [Gypsy's] descendants identify as Budjiti on the basis of their oral family history". 32 Budjiti native title claim group members acquire rights to land passed through their mothers and fathers linking back to one of the three apical ancestors; Jessie Brooks, Lizzie Brooks and Gypsy Brooks. These rights are contingent on the recognition by members of the Budjiti People. 33 There is evidence which shows that the Budjiti People have enjoyed and exercised their traditional rights over the claim area. 34 Aboriginal people were living around Currawinya Lakes and the Paroo River at least 14,000 years ago. There are occupation sites, camping places, ceremonial grounds and tool manufacture sites located within the application area. Camp sites were selected for their closeness to foods and resources. Bow Creek has stone artefact scatters. It is also a place where crayfish and yabbies are found in the creek and where pigweed, which is a source of vitamin C, is located. Reeds commonly found in the area would have been woven into baskets. 35 There are also places of cultural significance where the ancestral beings manifested themselves in the natural features of the landscape. The Stone Man, a rocky outcrop in Caiwarro Waterhole is one such place which is known to many Budjiti People and which Budjiti People frequently visit. 36 People travelled across the landscape following walking trails linked by springs and waterholes. The routes enabled people to utilise food resource places, to access sacred sites, to visit relatives at distant locations and to gather at ceremonial grounds. Claimants recall how their parents and grandparents would follow these routes. Judy Shillingsworth remembered how her mother Ruby and her grandmother, Clara Toogler, would travel up and down the Paroo River. One walking route went from Caiwarro to Yantabulla and Enngonia, all localities where Budjiti People resided. A trail went west from Turn Turn Station to Molesworth Waterhole on Kullilli country, enabling Budjiti People to visit their neighbours for trade and for ceremony. 37 Budjiti People remained on their lands providing an integral part in the pastoral industry. Several older claim group members grew up at Currawinya and Caiwarro Stations. They lived with their family who were the cooks, the drovers, the station hands and the maids. Trips were regularly taken onto country to impart knowledge, to hunt, fish and gather bush foods and to visit places of significance. For example Mick McNiven attended school in Cunnamulla but would return to country on weekends to join his mother at Caiwarro Station. As an adult he lived for many years with his partner at Yalata Station. 38 Today a small group of claimants live in the township of Eulo which is located inside the application area. Those claimants are Dinny McKellar, Lorna McNiven, Keith (Dulla) McKellar and Nina Prasad. Today, Budjiti People travel into the Claim Area to visit their family who live at Eulo. 39 The establishment of the townships of Eulo and Hungerford resulted in a group of Aboriginal people living at the edge of both townships in temporary structures. Budjiti People and other land holding groups were gathered together in these fringe camps. Several claimants remembered growing up in either Top Camp or Bottom Camp on the edge of the town. Several of the senior claimants appear in the School attendance handbook for Eulo. 40 Temporary shelters were utilised by claimants on camping trips onto the Claim Area. A bough shelter would be used by Judy Shillingsworth and her family when they camped at Caiwarro Waterhole. Claimant Dinny McKellar and his siblings would construct humpies laying cane grass onto a wooden frame. Dinny was shown how to make these waterproof dwellings by his grandmother Jintu (Jessie) and his grandfather Charlie Turner. Bruce Shillingsworth learnt how to build a gunyah from his mother, Ruby Eulo on camping trips. He recalled seeing the frames of abandoned gunyahs that had been erected by his mother during winter. Phillip Eulo also remembers as a child sleeping outside around the fire in a humpy and his grandfather teaching him how to make a windbreak out of hopbush. Philip still does this today. 41 Budjiti People who live in the Claim Area at Eulo and in the nearby towns of Enngonia and Cunnamulla frequently access the Claim Area to fish, camp and to harvest plants. Marcia Kay Brown, a resident of Cunnamulla, has said that she fishes on the Paroo at Eulo as, "It is a place where I feel entitled to go and where I feel at home". People regularly return to favoured fishing places. Nina Prasad fishes at the same locations on the river that were once visited by her mother. 42 Traditionally food gathering and hunting occurred in gender groups. Millie Shillingsworth remembered how the men went hunting and fishing as a group. The women went out separately to forage for bush foods and to fish. Today trips on country occur in family groups. Marcia Kay Brown takes her family to Eulo to fish. Elizabeth (Liz) McNiven stops to collect bush medicine with her family when travelling on her Budjiti country. Judy Shillingsworth hunts with her grandchildren for any wild meat such as emu, kangaroo or goannas. 43 Children are taken onto country from a young age, learning how to gather a wide variety of bush foods and to fish. Dinny McKellar has described some of the bush skills he has imparted onto his grandchildren including the reading of animal tracks and knowing how to find the path back. 44 Food that is caught is often cooked and eaten on country. Dinny McKellar eats fish at his camp preparing it by rolling it in mud and cooking it on the coals. With larger catches food is taken back to the community and shared with family. Nina Prasad takes any excess fish that she catches back to town to be shared with the old people who no longer are able to fish. 45 Fires are used for such things as cooking, rituals and for ceremonies on the claim area. 46 Nina Prasad lights a small fire if she feels afraid when fishing. She wards off any malevolent spirits with the fire, as taught to her by her mother. Smoky fires will be lit when people visit sites in case bad spirits are lingering at the site or someone has inadvertently brought a bad spirit to the place. 47 Dinny McKellar recalls when his children were young and living at home he would smoke the house if they were getting bad dreams. Today, when his grandchildren visit he will also make a fire and smoke the house if they can't sleep. He also does this at the campfire at night when camping - collecting a few dogwood branches and throwing them on the fire to smoke his camp. 48 Many Budjiti People light cooking fires when camping within the Claim Area. Phillip Eulo uses fire to cook fish, he learnt this from his grandmother and mother. Phillip recalls that one way of cooking fish in the fire was to "... roll it in mud and put them in the hot ashes. When the mud is hard and cracked the fish is cooked". Bruce Shillingsworth cooks catfish and johnny cakes over a fire near the Caiwarro homestead. If Sam Eulo finds an echidna by the Paroo River, he will sometimes light a fire and cook it. Cooking fires are also lit by Dinny McKellar when he goes camping in Currawinya with his cousin Dulla McKellar. 49 A number of Budjiti People recall activities with their parents and grandparents on the waterways and lakes found within Budjiti country. Dinny McKellar was taken to Lake Wyara and Lake Numalla by his grandparents to collect swan eggs. The flowering of the gidgee trees was a signal that the swans were laying. Lorna McNiven remembered how she went on a rowboat with her parents to fish in Caiwarro Waterhole. 50 Fish from the lakes and the Paroo River has featured in the diet of generations of Budjiti People. Analysis of material at archaeological sites in the application area found evidence that people included in their diets both fish and shellfish. The practice of utilising the waterways and lakes continues to the present today. As stated by Lorna McNiven, "Budjiti People are always fishing on the Paroo". Nina Prasad goes fishing two or three days a week when the fish are biting. Dinny McKellar goes fishing and sometimes takes his cousin Dulla McKellar with him. Favoured fishing locations would be revisited several times a year. 51 Seasonal events such as the flooding of the Paroo River are remembered by many witnesses as times of celebrations. People would walk upstream to meet the flood waters after rains as they signalled when fish stocks along the Paroo would be replenished and there would be food for everyone. Today people return to the river after heavy rains. Sam Eulo returns with his whole family, including his mother Ruby Eulo, to Caiwarro after a fresh flow of water passes down the Paroo. 52 These activities require care and respect as the landscape contains potential dangers. A story recounted to Philip Eulo was how Grandma Toogler had to swim back from an island on Lake Numulla after collecting swan eggs. The creature Muddan-gaddah had caused the lake to rise. Whilst fishing Nina Prasad and Rhonda Cavanough heard the slapping of the Muddan-gaddah in the river. They packed up and returned home as they were wary of the creature. 53 Smoking ceremonies involving burning leaves of the dogwood bush or sandalwood bush are used as protection by the Budjiti People. Millie Shillingsworth for example, smokes herself when near the Paroo River to ward off the Muddan-guddah. Smoking is a means of calling on the good spirits to offer protection to the performer of the ritual. Dinny McKellar conducted a smoking ceremony so that he would be safe when he swam amongst the reeds to collect swan eggs. The spirits would also bring good fortune. Dinny was taught to smoke his fishing line so that the ancestors would know who he was and assist with a catch. 54 Budjiti People perform other rituals when out on country. Judy Shillingsworth throws dirt into the water and calls out "Gouyoo Gouyoo" before throwing in her line. She learnt this from her mother Ruby as well as her grandmother. The same ritual is performed by Nina Prasad to attract the fish. Nina Prasad spits on her bait just as her mother once did. 55 Lorna McNiven remembers when Budjiti People used to meet with neighbouring groups. They used to have ceremonies at the lakes, it had to be when there was an abundance of food. There would be meetings or ceremonies or anything after there had been "a big wet" and the lakes would be full of fish and birds. Millie Shillingsworth also recalls being told about a big ceremonial ground up at Caiwarro. In her outline of evidence she says that she remembers her "Granny saying that all the tribes have different ceremonial sites and the different tribes would meet and exchange things. Aunty Kate told me about ceremonies on Caiwarro, the men would all get out there and have a big feed and dance and do a corroboree and exchange things. Granny used to say it was men's business, it was a meeting place". 56 Traditionally Aboriginal people would travel across the landscape, telling events and stories associated with the landscape. Dinny McKellar acquired many narratives from walking on Budjiti country with his grandparents. The story of the stone people at Caiwarro Waterhole was told to Dinny by his grandmother Jessie. At Lake Thorlinda, Jessie would call out in language asking permission to collect duck eggs. Dinny repeats this ritual when visiting the lakes with his grandchildren, speaking to the spirits. Dinny was told by his family not to approach some places as they were dangerous sites, such as the women's area at the Granites. 57 When Sam Eulo returns to his country with his mother Ruby, she relays past events associated with the land. At a fish trap at Caiwarro, Ruby recalled how fish were caught off the rocks by hand. Sam learnt of the Muddan-gaddah and how it travels up and down the Paroo River, visiting different waterholes. Another story given to Sam is how swimming in the Paroo will cause your hair to go grey prematurely. 58 Gordon Sullivan returns to the fresh and salt water lakes in Currawinya National Park with his family. The younger children are introduced to country. Similarly Liz McNiven has taken her three children when they were young onto country and has told them stories that she learnt herself growing up. The trip in 1991 gave an opportunity for Ben, Akazia and Kaiwarra to learn from their Budjiti elders and experience some of their cultural heritage. 59 Claimants are given skills in interpreting the environment. A difference in colours of saps on eucalypt trees determines whether you had found a food or a medicine. Millie Shillingsworth's mother Ruby Eulo told her not to eat the red sap on gum trees as it was a medicine, which plants were poisonous and which ones can be eaten. Quinine trees can be located in the scrub by looking for bright green leaves, a skill that Liz McNiven received from her cousin Mack John (Max) Sullivan. 60 Claimants were also taught how to read animal tracks found in the sandy regions of Budjiti country. Sam Eulo learnt to distinguish between the tracks of a goanna and an echidna from his mother. From a young age Dinny McKellar was taught how to track. He was taught that emus will avoid imprinting their toes into the ground when nesting. Dinny also learnt to look for the claw marks of an echidna to determine the direction it was taking. 61 Budjiti People fulfil responsibilities of caring for the land by visiting and maintaining sites. Dinny McKellar regularly rides his motorbike to Injamala Waterhole and other significant places close to Eulo to ensure no damage has occurred. He removes any rubbish left lying around. Similarly Liz McNiven will stop at an old camping place at Sheep Station Creek when travelling with her mother to ensure that everything is in order. 62 They engage with Councils and Government agencies to ensure that cultural sites are protected. Dinny McKellar and Keith (Dulla) McKellar participate in cultural heritage work to check that areas are clear of sites and artefacts before the Paroo Shire or Main Roads commence works within the Claim Area. Mick McNiven also works with a Ranger at Currawinya National Park to protect sites. Any dead animals discovered in any of the rockholes are removed. If Mick finds any dirt or muck accumulated in a rock well, he will use a pannikin to scoop out the material, thus ensuring the animals have clean drinking water. 63 Cultural site protection includes teaching the younger generation the significance of different places. Phillip Eulo has shown his grandchildren mud springs and waterholes on his country, sharing stories with them. The association of Caiwarro Waterhole as the residing place of the Muddan-gaddah is known to many Budjiti People who have been taken to the site. Dinny McKellar considers that the creature itself will no longer inhabit the waterway should the oral traditions be no longer passed down to younger people. 64 Jessie Brooks, a Budjiti apical ancestor, is buried on country on Gunamurra station. Two much older graves are located nearby. Smoking ceremonies have been performed at Jessie's grave by her descendants to assist in settling her spirit. 65 Several Budjiti People are buried at Eulo in the cemetery including Thomas (Tommy) McNiven. Thomas's remains were transferred from Canberra by his sister Lorna McNiven so that her brother could be buried on country. 66 There are a number of massacre sites within the Claim Area. Mick McNiven has described one such place where seventy Budjiti People perished near a spring between Currawinya Homestead and the lakes area. The ongoing care of these places are important to Budjiti People. They believe the spirits of their ancestors remain on country and it is important for their graves to be protected. 67 Decision makers for country are aware they carry a responsibility toward country. Lorna McNiven describes the pull to return to country being one of the last of her generation. Ruby Eulo has left a legacy for the group ensuring that her daughters Millie and Judy have received her knowledge over time. They are able to make decisions for country as they have received the required training. 68 Traditionally people would ask permission prior to going onto country. An example today of this custom, is when Kunja people call on Dinny McKellar prior to going hunting in the Budjiti Claim area. Today Budjiti younger members of the group ask their elders to identify which areas should be avoided on country and where the best hunting grounds and fishing locations are to be found. 69 Advice is also sought from Budjiti elders regarding objects found on country. When Phillip Eulo found a bluestone axe head at a site near Eulo, he called his aunt Ruby Eulo to ascertain what should be done with the object. Ruby advised him that it was best left on country. 70 Budjiti People harvest native flora for medicinal purposes. The tobacco bush is applied topically to treat ant bites. Claimants use the bark of the Quinine tree (Alstonia constricta) found in Eulo Common to treat rashes, and for cancer treatment. These trees have been harvested by Budjiti People over many generations, as evidenced by the scarring of the bark. The dogwood also carries medicinal properties. Liz McNiven collects fresh dogwood leaves at Moonjaree Waterhole when travelling to Cunnamulla to share with older family members suffering from coughs and chest complaints. 71 The process of acquiring the knowledge to use these medicinal plants has been described by Liz McNiven. Her aunt Katie Eulo, who was a senior elder of the group, instructed John Mack (Max) Sullivan to teach Liz about the plant. How to identify the trees, the method of removing the bark without killing the tree, and how to prepare the medicines were all imparted onto the novice. 72 Traditionally people from neighbouring language groups would be invited onto Budjiti country to participate in ceremony and to trade. Invitations would be sent using message sticks. The visitors would travel along walking routes. One route entered Budjiti country from the east through Moonjaree Waterhole. Another came from Tinnenburra to Injamala Waterhole following Six (6) Mile Creek, also known as Bow Creek. Dinny McKellar's grandmother, Jintu (Jessie) participated in a ceremony at Injamala Waterhole in the 1940s. 73 A large ceremony ground is located on Caiwarro Station. Budjiti People would meet with other tribes to dance, sing and to exchange items. 74 When claimants bring non-Budjiti People onto country, a smoking ceremony is performed for those visitors. Dinny McKellar explained that this custom stemmed from the time when ceremonies were traditionally held on country. Dinny's grandfather Charlie Turner told him that if a visitor wished to dance a new ceremony, the visitor remained respectfully silent until they had been smoked by their hosts. 75 A contemporary visit onto country by non-claim group members occurred in 1991 when Budjiti People accompanied photographers Wesley Stacey and Narelle Perroux and the archaeologist Robert Neale on an AITSIS funded trip. Places visited within the application area included Caiwarro Station, Currawinya Station, Eulo, Boorara Station and the Paroo River. The Budjiti People that participated in the trip included Charles McNiven, Tom McNiven, Lorna McNiven, Doreen Lord, Mick McNiven, Lorna McNiven and Liz McNiven. The photographs recorded Budjiti visiting sites and performing cultural activities. Stories were shared about the sites allowing younger people to learn from their elders and graves were visited and smoked. At Caiwarro, Robert Neale registered a grave and other cultural sites. 76 That recital of some of the available material shows clearly that: (a) at the time of sovereignty, the ancestors of the Budjiti People comprised a society (the pre-sovereignty society) united in and by their acknowledgment and observance of a body of accepted laws and customs (traditional laws and customs); (b) pursuant to the traditional laws and customs the pre-sovereignty society held rights and interests in the Claim Area; (c) the pre-sovereignty society has substantially maintained its identity and existence from generation to generation by the acknowledgment and observance of the traditional laws and customs which have continued to be acknowledged and observed substantially uninterrupted by each successive generation to the present time; (d) the Budjiti People possess rights and interests in the Claim Area under the traditional laws and customs acknowledged and observed by them; and (e) by the traditional laws and customs still observed and acknowledged by the Budjiti People, they have a connection with the Claim Area. 77 In the light of that assessment, I am well satisfied that, in terms of s 87(1A) it is appropriate to make the Determination. The parties, with the benefit of that material, consent. It is an informed agreement between the parties. The process followed by the State, particularly how an assessment of the underlying evidence as to the existence of native title is carried out, has been thorough and professional. The parties have independent and competent legal representation. 78 The parties agree that native title exists in relation to the Claim Area and that the native title rights and interests are held non-exclusively by the Budjiti People. 79 The nature and extent of the native title rights and interests in relation to the Claim Area where native title is recognised are the rights to: (a) access, be present on, move about on and travel over the application area; (b) camp, and live temporarily on the application area as part of camping, and for that purpose build temporary shelters; (c) hunt, fish and gather on the land and waters of the application area for personal, domestic and non-commercial communal purposes; (d) take, use, share and exchange natural resources from the land and waters of the application area for personal, domestic and non-commercial communal purposes; (e) take and use the water of the application area for personal, domestic and non-commercial communal purposes; (f) light fires on the application area for domestic purposes including cooking, but not for the purpose of hunting or clearing vegetation; (g) conduct ceremonies and hold meetings on the application area; (h) teach on the area the physical and spiritual aspects of the application area; (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 from physical harm; (j) be buried and bury native title holders within the application area; and (k) be accompanied onto the application area by certain non-native title holders, being: (i) spouses and other immediate family members of the native title holders, pursuant to the exercise of traditional laws and customs; and (ii) people required under the traditional laws acknowledged and traditional customs observed by the native title holders for the performance of, or participation in, ceremonies. 80 Those rights and interests are rights and interests that are capable of recognition by the common law of Australia. 81 The proposed consent determination contains determination maps that include all of the area that the parties agree is land and waters where native title exists within the Claim Area. 82 I note that the Budjiti People propose that the native title rights and interests be held by the Budjiti Aboriginal Corporation as trustee pursuant to s 56 of the NT Act, so the proposed determination contains orders pursuant to ss 56 and 57 of the NT Act. 83 I accordingly consider it appropriate to make the orders in paragraph 17 of the proposed determination that the Budjiti Aboriginal Corporation be determined to be the prescribed body corporate for the purposes of s 56(1) of the NT Act to perform the functions mentioned in s 57(1) of the NT Act after becoming a registered native title body corporate. I am satisfied that that body is a prescribed body corporate, in accordance with Regulation 4 of the Native Title (Prescribed Body Corporate) Regulations (1999) and that Melissa Bryan is a Budjiti person, and a member of the group of persons jointly comprising the applicant in these proceedings, so that the nomination made by her in her letter to the Court dated 19 April 2015 is a written nomination in accordance with s 56(2) of the NT Act. 84 In all the circumstances, I am well satisfied that it is appropriate to make a Determination that the Budjiti People hold the native title rights and interests over the claim area as its traditional owners, in accordance with the proposed determination. I certify that the preceding eighty-four (84) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Mansfield.

Associate: Dated: 23 June 2015