Federal Court Grants Native Title Over Specific Parcels

OUTCOME: Allowed

FEDERAL COURT OF AUSTRALIA

[NAME] [COMPANY] v State of [RESPONDENT] (No 22) ([NAME] [NAME]) [2023] FCA 1317 File number: QUD 673 of 2014

Judgment of: [NAME] of judgment: 2 November 2023

Catchwords: [NAME] [NAME] – consent [NAME] – nomination of new prescribed body corporate

Legislation: [NAME] [NAME] 1993 (Cth) ss 56, 61, 66, 67(1), 84D(4), 87A, 94A, 199C, 225

Cases cited: [NAME] on behalf of the [NAME] v State of Western Australia [2018] FCA 1849 [NAME] [COMPANY] v State of [RESPONDENT] (No 2) ([NAME] [NAME]) [2021] FCA 1464 [NAME] [COMPANY] v State of [RESPONDENT] (No 3) ([NAME]) [NAME]) [2021] FCA 1465 [NAME] [COMPANY] v State of [RESPONDENT] (No 10) [2022] FCA 1129 [NAME] on behalf of the [NAME] v State of Western Australia [2020] FCA 42 [NAME] v State of [RESPONDENT] [2000] FCA 1443

Division: General Division

Registry: [RESPONDENT]

National Practice Area: [NAME] [NAME] of paragraphs: 41

Date of hearing: 2 November 2023

Counsel for the Applicant: [redacted]

Solicitor for the Applicant: [redacted]

Counsel for the First Respondent: [redacted]

Solicitor for the First Respondent: [redacted]

BETWEEN: [RESPONDENT], [NAME], [NAME], [NAME], [NAME], [NAME], [NAME], [NAME], [NAME] (DECEASED) Applicant

AND: STATE OF [RESPONDENT] First Respondent

COMMONWEALTH OF AUSTRALIA (and others named in the Schedule) Second Respondent

order made by: [NAME] OF ORDER: 2 November 2023

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 87A OF THE [NAME] [NAME] 1993 (CTH)

THE COURT NOTES THAT: [NAME] of [NAME] [NAME] was made in favour of the [NAME] on 3 October 2000 ([NAME] v [RESPONDENT] [2000] FCA 1443) (the [NAME] [NAME]) in relation to an area of land and waters along the western coastline of Cape York Peninsula, generally from around Archer Bay, in the north, to [NAME], in the south, including around the township of Aurukun, plus an additional area inland from that coastline including part of Watson River. B. Schedule 1 of the [NAME] [NAME] expressly excluded: (i) the land and waters in around the town of Aurukun; and (ii) the land and waters within the area covered by a corridor 15 metres either side of the centre line of the present alignment of the existing road which connects the town of Aurukun to the [ADDRESS], (the WWY Identified Parcels). C. The WWY Identified Parcels are wholly surrounded by the [NAME] [NAME]. D. The [NAME] [NAME] [NAME] was filed on 11 December 2014 and includes all undetermined areas (save for some specified types of tenure which were excluded) within the external boundaries of the [NAME]. E. This [NAME] relates to those areas identified in recital B(i) above, being the WWY Identified Parcels, which were expressly excluded from the [NAME] [NAME], and which may be claimed as part of the [NAME] [NAME] [NAME]. In relation to the area described above in recital B(ii), the [NAME] [NAME] [NAME] excludes any area over which there was an existing dedicated [NAME] road which wholly extinguished [NAME] [NAME] rights and interests. F. The Applicant agrees that any areas which fall within the terms of Schedule 3 of this [NAME] are areas where [NAME] [NAME] has been wholly extinguished.

THE COURT ORDERS THAT: 1. There be a [NAME] of [NAME] [NAME] in the terms proposed in these orders, despite any actual or arguable defect in the authorisation of the applicant to seek and agree to a consent [NAME] pursuant to s 87A of the [NAME] [NAME] 1993 (Cth).

BY CONSENT THE COURT ORDERS THAT:

1. There be a [NAME] of [NAME] [NAME] in the terms set out below (the [NAME]).

2. Pursuant to s 199C(1A) of the [NAME] [NAME] 1993 (Cth), the Registrar is not to remove the Aurukun Township and [ADDRESS] ILUA (QI2001/026) from the [NAME] of Indigenous Land Use Agreements, at least to the extent the ILUA falls within the [NAME].

3. Each party to the proceedings is to bear its own costs.

BY CONSENT THE COURT DETERMINES THAT:

DEFINITIONS AND INTERPRETATION 4. In this [NAME], unless the contrary intention appears: "Animal" has the meaning given in the Nature Conservation Act 1992 (Qld); "High Water Mark" means the ordinary high-water mark at spring tides; "land" has the same meaning as in the [NAME] [NAME] 1993 (Cth); "Laws of the State and the Commonwealth" means the common law and the laws of the State of [RESPONDENT] and the Commonwealth of Australia, and includes legislation, regulations, statutory instruments, local planning instruments and local laws; "Local Government Area" has the meaning given in the Local Government Act 2009 (Qld); "[NAME] [NAME] [NAME]" means the [NAME] [NAME] [NAME] [NAME] filed on 11 December 2014 in QUD 673 of 2014; "Natural Resources" means: (a) an Animal, a Plant, or any [NAME] non-human life form; and (b) inorganic material; but does not include: (c) Animals that are the private personal property of any person; (d) crops that are the private personal property of another; (e) minerals as defined in the [NAME] Act 1989 (Qld); and (f) petroleum as defined in the Petroleum Act 1923 (Qld) and the Petroleum and Gas (Production and Safety) Act 2004 (Qld); "Plant" has the meaning given in the Nature Conservation Act 1992 (Qld); "[NAME] of Indigenous Land Use Agreements" has the same meaning as in the [NAME] [NAME] 1993 (Cth); "Reserve" means a reserve dedicated or taken to be a reserve, under Land Act 1994 (Qld); "Spouse" has the meaning given in the Acts Interpretation Act 1954 (Qld); "Water" means: (a) water which flows, whether permanently or intermittently, within a river, [NAME] or stream; (b) any natural collection of water, whether permanent or intermittent; (c) water from an underground water source; and (d) tidal water; and "waters" has the same meaning as in the [NAME] [NAME] 1993 (Cth). [NAME] words and expressions used in this [NAME] have the same meanings as they have in Part 15 of the [NAME] [NAME] 1993 (Cth).

5. The [NAME] area is the land and waters described in Schedule 2 and depicted in the map attached to Schedule 4 to the extent those areas are not otherwise excluded by the terms of Schedule 3 (the [NAME]). To the extent of any inconsistency between the written description and the map, the written description prevails. 6. [NAME] [NAME] exists in the [NAME].

7. The [NAME] [NAME] is held by the persons determined to hold the [NAME] [NAME] in the surrounding [NAME] [NAME], being the [NAME] (the [NAME]).

8. Subject to orders 10, 11 and 12 below, the nature and extent of the [NAME] [NAME] rights and interests in relation to the land and waters described in Part 1 of Schedule 2 are: (a) [NAME] than in relation to Water, the right to possession, occupation, use and enjoyment of the area to the exclusion of all others; and (b) in relation to Water, the non-exclusive right to take the Water of the area for personal, domestic and non-commercial communal purposes.

9. Subject to orders 10, 11 and 12 below, the nature and extent of the [NAME] [NAME] rights and interests in relation to the land and waters described in Part 2 of Schedule 2 are the non-exclusive rights to: (a) access, be present on, move about on and travel over the area; (b) live and camp on the area and for those purposes to erect shelters and [NAME] structures thereon; (c) hunt, fish and gather on the land and waters of the area; (d) take the Natural Resources from the land and waters of the area; (e) take the Water of the area for personal, domestic and non-commercial communal purposes; (f) be buried and to bury [NAME] within the area; (g) maintain places of importance and areas of significance to the [NAME] under their traditional laws and customs on the area and protect those places and areas from harm; (h) teach on the area the physical and spiritual attributes of the area and the traditional laws and customs of the [NAME] to [NAME] [NAME] or persons otherwise entitled to access the area; (i) hold meetings on the area; (j) conduct ceremonies on the area; (k) light fires on the area for cultural, spiritual or domestic purposes including cooking, but not for the purpose of hunting or clearing vegetation; and (l) be accompanied on to the area by those persons who, though not [NAME], are: (i) Spouses of [NAME]; (ii) [NAME] who are members of the immediate family of a [NAME]; or (iii) [NAME] reasonably required by the [NAME] under traditional law and custom for the performance of ceremonies or cultural activities on the area.

10. The [NAME] [NAME] 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 [NAME].

11. The [NAME] [NAME] rights and interests referred to in orders 8(b) and 9 do not confer possession, occupation, use or enjoyment to the exclusion of all others.

12. There are no [NAME] [NAME] rights in or in relation to minerals as defined by the [NAME] Act 1989 (Qld) and petroleum as defined by the Petroleum Act 1923 (Qld) and the Petroleum and Gas (Production and Safety) Act 2004 (Qld).

13. The nature and extent of any [NAME] interests in relation to the [NAME] (or respective parts thereof) are set out in Schedule 1 (the [NAME]).

14. The relationship between the [NAME] [NAME] rights and interests described in orders 8 and 9 and the [NAME] described in Schedule 1 is that: (a) the [NAME] continue to have effect, and the rights conferred by or held under the [NAME] may be exercised notwithstanding the existence of the [NAME] [NAME] rights and interests; (b) to the extent the [NAME] are inconsistent with the continued existence, enjoyment or exercise of the [NAME] [NAME] rights and interests in relation to the land and waters of the [NAME], the [NAME] [NAME] rights and interests continue to exist in their entirety but the [NAME] [NAME] rights and interests have no effect in relation to the [NAME] to the extent of the inconsistency for so long as the [NAME] exist; and (c) the [NAME] and any activity that is required or permitted by or under, and done in accordance with, the [NAME], or any activity that is associated with or incidental to such an activity, prevail over the [NAME] [NAME] rights and interests and any exercise of the [NAME] [NAME] rights and interests.

THE COURT DETERMINES THAT:

15. The [NAME] [NAME] is not held in trust.

16. The [COMPANY] (ICN: 4097), incorporated under the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Cth), is to: (a) be the prescribed body corporate for the purpose of s 57(2) of the [NAME] [NAME] 1993 (Cth); and (b) perform the functions mentioned in s 57(3) of the [NAME] [NAME] 1993 (Cth) after becoming a registered [NAME] [NAME] body corporate. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011. LIST OF SCHEDULES Schedule 1 – [NAME] in the [NAME] viii Schedule 2 – Description of [NAME] xii Part 1 — Exclusive Areas xii Part 2 — Non-Exclusive Areas xxxiv Schedule 3 – Areas Not Forming Part of the [NAME] xxxv Schedule 4 – Map of [NAME] xxxvii

Schedule 1 – [NAME] in the [NAME] The nature and extent of the [NAME] interests in relation to the [NAME] are the following as they exist as at the date of the [NAME]:

1. The rights and interests of the parties under the Aurukun Township and [ADDRESS] (QI2001/026) registered on the [NAME] of Indigenous Land Use Agreements on 18 March 2003.

2. The rights and interests of [COMPANY] (ACN [PHONE]), [COMPANY] [NAME] [COMPANY] ([NAME]) and any of their successors in [NAME]: (a) as the owner(s) or operator(s) of telecommunications facilities within the [NAME]; (b) created pursuant to the Post and Telegraph Act 1901 (Cth), the Telecommunications Act 1975 (Cth), the [NAME] 1989 (Cth), the Telecommunications Act 1991 (Cth) and the Telecommunications Act 1997 (Cth), including rights: (i) to inspect land; (ii) to install, occupy and operate telecommunication facilities; and (iii) to alter, remove, replace, maintain, repair and ensure the proper functioning of their telecommunications facilities; (c) for their employees, agents or contractors to access their telecommunication facilities in and in the vicinity of the [NAME] in the performance of their duties; and (d) under any lease, licence, access agreement, permit or easement relating to their telecommunications facilities in the [NAME], including but not limited to trustee lease number 719487629 ([NAME] reference 51030548) over Lot 324 on [NAME].

3. The rights and interests granted or available to [COMPANY] (ACN 137 266 285) (and any successors in [NAME]) under the Comalco Agreement, including, but not limited to, rights and interests in relation to the "bauxite field" (as defined in clause 1 of the Comalco Agreement) and areas adjacent to or in the vicinity or outside of such bauxite field, where: (a) "Comalco Act" means the Commonwealth Aluminium Corporation Pty Limited Agreement Act 1957 (Qld); and (b) "Comalco Agreement" means the agreement in Schedule 1 to the Comalco Act, including as amended in accordance with such Act.

4. The rights and interests of Aurukun Shire Council: (a) under its local government jurisdiction and functions under the Local Government Act 2009 (Qld), under the Stock Route Management Act 2002 (Qld) and under any [NAME] legislation, for that part of the [NAME] within the area declared to be its Local Government Area: (b) as the: (i) lessor under any leases which were validly entered into before the date on which these orders are made and whether separately particularised in these orders or not; (ii) grantor of any licences or [NAME] rights and interests which were validly granted before the date on which these orders were made and whether separately particularised in these orders or not; (iii) party to an agreement with a third party which relates to land or waters in the [NAME]; and (iv) [NAME] of any estate or any [NAME] interest in land, including [NAME] any Reserves, under access agreements and easements that exist in the [NAME]; (c) as the owner and operator of infrastructure, structures, earthworks, access works and any [NAME] facilities and [NAME] improvements located in the [NAME] validly constructed or established on or before the date on which these orders are made, including but not limited to any: (i) undedicated but constructed roads except for those not operated by the council; (ii) water pipelines and water supply infrastructure; (iii) drainage facilities; (iv) watering point facilities; (v) recreational facilities; (vi) transport facilities; (vii) gravel pits operated by the council; (viii) cemetery and cemetery related facilities; and (ix) community facilities; (d) to enter the land for the purposes described in paragraphs 4(a), (b) and (c) above by its employees, agents or contractors to: (i) exercise any of the rights and interests referred to in this paragraph 4 and paragraph 6 below; (ii) use, operate, inspect, maintain, replace, restore and repair the infrastructure, facilities and [NAME] improvements referred to in paragraph 4(c) above; and (iii) undertake operational activities in its capacity as a local government such as feral animal control, erosion control, waste management and fire management.

5. The rights and interests of [COMPANY] (ACN [PHONE]): (a) as the owner and operator of any "Works" (as that term is defined in the Electricity Act 1994 (Qld)) within the [NAME]; (b) as an electricity entity under the Electricity Act 1994 (Qld), including but not limited to: (i) as the [NAME] of a distribution authority; (ii) to inspect, maintain and manage any Works in the [NAME]; and (iii) in relation to any agreement or consent relating to the [NAME] existing or entered into before the date these orders are made; (c) to enter the [NAME] by its employees, agents or contractors to exercise any of the rights and interests referred to in this clause.

6. The rights and interests of the State of [RESPONDENT] to access, use, operate, maintain and control the dedicated roads in the [NAME] and the rights and interests of the [NAME] to use and access the roads.

7. The rights and interests of the State of [RESPONDENT] or any [NAME] person existing by reason of the force and operation of the laws of the State of [RESPONDENT], including those existing by reason of the following legislation or any regulation, statutory instrument, declaration, plan, authority, permit, lease or licence made, granted, issued or entered into under that legislation: (a) the Aboriginal Land Act 1991 (Qld); (b) the Fisheries Act 1994 (Qld); (c) the Land Act 1994 (Qld); (d) the Nature Conservation Act 1992 (Qld); (e) the Forestry Act 1959 (Qld); (f) the Water Act 2000 (Qld); (g) the Petroleum Act 1923 (Qld) or Petroleum and Gas (Production and Safety) Act 2004 (Qld); (h) the [NAME] Act 1989 (Qld); (i) the Planning Act 2016 (Qld); (j) the Transport Infrastructure Act 1994 (Qld); and (k) the Fire and Emergency Services Act 1990 (Qld) or Ambulance Service Act 1991 (Qld).

8. The rights and interests of members of the [NAME] arising under the common law, including but not limited to the following: (a) any subsisting [NAME] right to fish; and (b) the [NAME] right to navigate.

9. So far as confirmed pursuant to s 212(2) of the [NAME] [NAME] 1993 (Cth) and s 18 of the [NAME] [NAME] ([RESPONDENT]) Act 1993 (Qld) as at the date of this [NAME], any existing rights of the [NAME] to access and enjoy the following places in the [NAME]: (a) waterways; (b) beds and banks or foreshores of waterways; (c) coastal waters; (d) stock routes; (e) beaches; and (f) areas that were [NAME] places at the end of 31 December 1993. 10. [NAME] rights and interests: (a) held by the State of [RESPONDENT] or Commonwealth of Australia; or (b) existing by reason of the force and operation of the Laws of the State and the Commonwealth.

Schedule 2 – Description of [NAME] The [NAME] area comprises all of the land and waters described by lots on plan, or relevant parts thereof described in the first column of the tables in the Parts immediately below, and depicted in the maps in Schedule 4, to the extent those areas are above the High Water Mark and are not otherwise excluded by the terms of Schedule 3.

Part 1 — Exclusive Areas All of the land and waters described in the following table and depicted in [RESPONDENT] blue on the [NAME] map contained in Schedule 4: Area description (at the time of the [NAME]) [NAME] 36 on SP276438 Sheet 2 * Lot 37 on [NAME] 2 * Lot 266 on [NAME] 2, 3, 6, and 10 * Lot 42 on [NAME] 2, 3, 4, 5, 6, and 9 * Lot 33 on SP276438 Sheet 2 * Lot 32 on SP276438 Sheet 2 * Lot 35 on [NAME] 2 * Lot 34 on SP276438 Sheet 2 * Lot 900 on [NAME] 2, 10, 11, and 13 * Lot 34 on [NAME] 2 * Lot 41 on [NAME] 2 * Lot 33 on [NAME] 2 * Lot 293 on [NAME] 2, 9, 12,13, and 14 * Lot 1 on [NAME] 3 * Lot 2 on [NAME] 3 * Lot 3 on [NAME] 3 * Lot 4 on [NAME] 3 * Lot 5 on [NAME] 3 * Lot 6 on [NAME] 3 * Lot 7 on [NAME] 3 * Lot 8 on [NAME] 3 * Lot 9 on [NAME] 3 * Lot 10 on [NAME] 3 * Lot 11 on [NAME] 3 * Lot 12 on [NAME] 3 * Lot 13 on [NAME] 3 * Lot 14 on [NAME] 3 * Lot 15 on [NAME] 3 * Lot 16 on [NAME] 3 * Lot 46 on [NAME] 3 * Lot 17 on [NAME] 3 * Lot 18 on [NAME] 3 * Lot 364 on [NAME] 3 * Lot 363 on [NAME] 3 * Lot 19 on [NAME] 3 * Lot 359 on [NAME] 3 * Lot 358 on [NAME] 3 and 4 * Lot 360 on [NAME] 3, 4 and 5 * Lot 20 on [NAME] 3 and 4 * Lot 361 on [NAME] 3 and 4 * Lot 21 on [NAME] 3 and 4 * Lot 22 on [NAME] 3 and 4 * Lot 362 on [NAME] 3 * Lot 365 on [NAME] 3 * Lot 23 on [NAME] 3 and 4 * Lot 24 on [NAME] 3 and 4 * Lot 25 on [NAME] 3 and 4 * Lot 26 on [NAME] 4 * Lot 27 on [NAME] 4 * Lot 28 on [NAME] 4 * Lot 29 on [NAME] 4 * Lot 30 on [NAME] 4 * Lot 31 on [NAME] 4 * Lot 32 on [NAME] 4 * Lot 33 on [NAME] 4 * Lot 34 on [NAME] 4 * Lot 45 on [NAME] 4 * Lot 357 on [NAME] 4 * Lot 356 on [NAME] 4 * Lot 351 on [NAME] 4 and 5 * Lot 350 on [NAME] 4 and 5 * An area of road identified and delineated by stations 8-7-6-13-8 on [NAME] formerly part of Lot 38 on [NAME] 4 * An area of road identified and delineated by stations 2-4-7-2a-14-13-2 on SP276438 Sheet 2 * An area of road identified and delineated by stations 331-332-333-334-335-336-331 on [NAME] 4 * Lot 37 on [NAME] 5 * Lot 38 on [NAME] 5 * Lot 249 on [NAME] 5 and 8 * Lot 248 on [NAME] 5 * Lot 36 on [NAME] 5 * Lot 39 on [NAME] 5 * Lot 40 on [NAME] 5 * Lot 221 on [NAME] 5 * Lot 41 on [NAME] 5 * Lot 6 on [NAME] 5 * Lot 43 on [NAME] 6 * Lot 44 on [NAME] 6 * Lot 45 on [NAME] 6 * Lot 46 on [NAME] 6 * Lot 47 on [NAME] 6 * Lot 48 on [NAME] 6 * Lot 49 on [NAME] 6 * Lot 50 on [NAME] 6 * Lot 51 on [NAME] 6 * Lot 52 on [NAME] 6 * Lot 53 on [NAME] 6 * Lot 54 on [NAME] 6 * Lot 55 on [NAME] 6 * Lot 56 on [NAME] 6 * Lot 57 on [NAME] 6 * Lot 58 on [NAME] 6 and 7 * Lot 63 on [NAME] 6 and 7 * Lot 64 on [NAME] 6 * Lot 65 on [NAME] 6 * Lot 66 on [NAME] 6 * Lot 67 on [NAME] 6 * Lot 68 on [NAME] 6 * Lot 69 on [NAME] 6 * Lot 70 on [NAME] 6 * Lot 71 on [NAME] 6 * Lot 72 on [NAME] 6 * Lot 73 on [NAME] 6 * Lot 74 on [NAME] 6 * Lot 75 on [NAME] 6 * Lot 76 on [NAME] 6 and7 * Lot 83 on [NAME] 6, 7 and 11 * Lot 82 on [NAME] 6 and 11 * Lot 81 on [NAME] 6, 10 and 11 * Lot 84 on [NAME] 6 * Lot 85 on [NAME] 6 * Lot 86 on [NAME] 6 * Lot 87 on [NAME] 6 * Lot 220 on [NAME] 6 * Lot 88 on [NAME] 6 * Lot 89 on [NAME] 6 * Lot 90 on [NAME] 6 * Lot 91 on [NAME] 6 * Lot 78 on [NAME] 7 and 11 * Lot 77 on [NAME] 7 * Lot 115 on [NAME] 7 * Lot 116 on [NAME] 7 * Lot 117 on [NAME] 7 * Lot 118 on [NAME] 7 * Lot 119 on [NAME] 7 * Lot 120 on [NAME] 7 * Lot 121 on [NAME] 7 * Lot 122 on [NAME] 7 * Lot 123 on [NAME] 7 * Lot 124 on [NAME] 7 * Lot 9 on [NAME] 7 * Lot 72 on [NAME] 7 * Lot 109 on [NAME] 7 * Lot 110 on [NAME] 7 * Lot 111 on [NAME] 7 * Lot 112 on [NAME] 7 * Lot 113 on [NAME] 7 * Lot 114 on [NAME] 7 * Lot 53 on [NAME] 7 and 8 * Lot 92 on [NAME] 7 * Lot 93 on [NAME] 7 * Lot 94 on [NAME] 7 * Lot 95 on [NAME] 7 * Lot 96 on [NAME] 7 * Lot 97 on [NAME] 7 * Lot 98 on [NAME] 7 and 12 * Lot 102 on [NAME] 7 and 12 * Lot 103 on [NAME] 7 * Lot 104 on [NAME] 7 * Lot 105 on [NAME] 7 * Lot 106 on [NAME] 7 * Lot 107 on [NAME] 7 * Lot 108 on [NAME] 7 * Lot 59 on [NAME] 7 * Lot 60 on [NAME] 7 * Lot 61 on [NAME] 7 * Lot 62 on [NAME] 7 * Lot 281 on [NAME] 7 and 11 * Lot 280 on [NAME] 7 and 11 * Lot 262 on [NAME] 7 and 11 * Lot 261 on [NAME] 7 * Lot 263 on [NAME] 7 and 11 * Lot 264 on [NAME] 7 and 11 * Lot 265 on [NAME] 7 and 11 * Lot 267 on [NAME] 7 and 11 * Lot 268 on [NAME] 7 and 11 * Lot 269 on [NAME] 7, 11 and 12 * Lot 250 on [NAME] 8 * Lot 251 on [NAME] 8 * Lot 252 on [NAME] 8 * Lot 253 on [NAME] 8 * Lot 254 on [NAME] 8 * Lot 255 on [NAME] 8 * Lot 245 on [NAME] 8 * Lot 246 on [NAME] 8 * Lot 258 on [NAME] 8 * Lot 257 on [NAME] 8 * Lot 256 on [NAME] 8 * Lot 22 on [NAME] 8 * Lot 240 on [NAME] 8 * Lot 241 on [NAME] 8 * Lot 242 on [NAME] 8 * Lot 243 on [NAME] 8 * Lot 244 on [NAME] 8 * Lot 353 on [NAME] 8 * Lot 259 on [NAME] 8 * Lot 260 on [NAME] 8 * Lot 5 on [NAME] 8 and 9 * Lot 216 on [NAME] 8 * Lot 217 on [NAME] 8 * Lot 218 on [NAME] 8 * Lot 219 on [NAME] 8 and 9 * Lot 65 on [NAME] 8 and 9 * Lot 135 on [NAME] 8 * Lot 136 on [NAME] 8 * Lot 137 on [NAME] 8 * Lot 138 on [NAME] 8 * Lot 139 on [NAME] 8 * Lot 71 on [NAME] 8 * Lot 9 on [NAME] 8 * Lot 141 on [NAME] 8 * Lot 142 on [NAME] 8 * Lot 143 on [NAME] 8 * Lot 144 on [NAME] 8 * Lot 145 on [NAME] 8 * Lot 146 on [NAME] 8 * Lot 147 on [NAME] 8 * Lot 148 on [NAME] 8 * Lot 149 on [NAME] 8 * Lot 150 on [NAME] 8 * Lot 198 on [NAME] 8 and 9 * Lot 197 on [NAME] 8 and 9 * Lot 199 on [NAME] 8 and 9 * Lot 191 on [NAME] 8 and 9 * Lot 196 on [NAME] 8 * Lot 192 on [NAME] 8, 9 and 12 * Lot 195 on [NAME] 8 * Lot 194 on [NAME] 8 and 12 * Lot 155 on [NAME] 8 and 12 * Lot 156 on [NAME] 8 and 12 * Lot 157 on [NAME] 8 and 12 * Lot 158 on [NAME] 8 * Lot 159 on [NAME] 8 * Lot 151 on [NAME] 8 * Lot 152 on [NAME] 8 * Lot 153 on [NAME] 8 * Lot 154 on [NAME] 8 * Lot 10 on [NAME] 8 * Lot 131 on [NAME] 8 * Lot 11 on [NAME] 8 * Lot 132 on [NAME] 8 * Lot 133 on [NAME] 8 * Lot 134 on [NAME] 8 * Lot 4 on [NAME] 9 * Lot 230 on [NAME] 9 * Lot 231 on [NAME] 9 * Lot 232 on [NAME] 9 * Lot 233 on [NAME] 9 * Lot 234 on [NAME] 9 * Lot 235 on [NAME] 9 * Lot 236 on [NAME] 9 * Lot 237 on [NAME] 9 * Lot 238 on [NAME] 9 * Lot 239 on [NAME] 9 * Lot 324 on [NAME] 9 * Lot 15 on [NAME] 9 * Lot 183 on [NAME] 9 * Lot 184 on [NAME] 9 * Lot 185 on [NAME] 9 * Lot 186 on [NAME] 9 * Lot 187 on [NAME] 9 * Lot 188 on [NAME] 9 * Lot 189 on [NAME] 9 * Lot 190 on [NAME] 9 * Lot 178 on [NAME] 9 * Lot 179 on [NAME] 9 * Lot 180 on [NAME] 9 * Lot 181 on [NAME] 9 * Lot 182 on [NAME] 9 * Lot 200 on [NAME] 9 * Lot 201 on [NAME] 9 * Lot 202 on [NAME] 9 * Lot 203 on [NAME] 9 * Lot 204 on [NAME] 9 * Lot 12 on [NAME] 9 * Lot 13 on [NAME] 9 * Lot 14 on [NAME] 9 * Lot 205 on [NAME] 9 * Lot 206 on [NAME] 9 * Lot 207 on [NAME] 9 * Lot 208 on [NAME] 9 * Lot 209 on [NAME] 9 * Lot 210 on [NAME] 9 * Lot 211 on [NAME] 9 * Lot 212 on [NAME] 9 * Lot 213 on [NAME] 9 * Lot 214 on [NAME] 9 * Lot 215 on [NAME] 9 * Lot 168 on [NAME] 9 and 12 * Lot 175 on [NAME] 9 and 12 * Lot 283 on [NAME] 9 and 12 * Lot 169 on [NAME] 9 * Lot 170 on [NAME] 9 * Lot 171 on [NAME] 9 * Lot 172 on [NAME] 9 * Lot 173 on [NAME] 9 * Lot 174 on [NAME] 9 * Lot 285 on [NAME] 9 * Lot 286 on [NAME] 9 * Lot 287 on [NAME] 9 * Lot 288 on [NAME] 9 * Lot 289 on [NAME] 9 * Lot 290 on [NAME] 9 * Lot 291 on [NAME] 9 * Lot 292 on [NAME] 9 * An area of road identified and delineated by stations 3-6-14-11-12-3 on plan [NAME] formerly part of Lot 42 on [NAME] 9 * Lot 354 on [NAME] 9 * Lot 355 on [NAME] 9 * Lot 284 on [NAME] 9 * An area of road identified and delineated by stations (5a-5-15-14-5c-5a), (14-15-17-31-9b-10a-34-33-32-30-29-28-27-42-41-39-21-43-46-47-48-49-24-25-16-14), (34-10a-18-19-50-51-52-53-20-21-39-38-36-35-34) on [NAME] 10 and 11 * Lot 35 on SP276438 Sheet 10 * Lot 901 on [NAME] 10 and 11 * Lot 902 on [NAME] 10 and 11 * Lot 298 on [NAME] 10 and 11 * Lot 297 on [NAME] 10 and 11 * Lot 294 on [NAME] 10 * Lot 295 on [NAME] 10 * Lot 296 on [NAME] 10 * Lot 79 on [NAME] 11 * Lot 80 on [NAME] 11 * Lot 271 on [NAME] 11 and 12 * Lot 272 on [NAME] 11 and 12 * Lot 273 on [NAME] 11 * Lot 274 on [NAME] 11 * Lot 275 on [NAME] 11 * Lot 276 on [NAME] 11 * Lot 277 on [NAME] 11 * Lot 278 on [NAME] 11 * Lot 279 on [NAME] 11 * Lot 78 on [NAME] 11 * Lot 299 on [NAME] 11 * Lot 300 on [NAME] 11 * Lot 301 on [NAME] 11 * Lot 302 on [NAME] 11 * Lot 303 on [NAME] 11 * Lot 304 on [NAME] 11 * Lot 305 on [NAME] 11 * Lot 306 on [NAME] 11 * Lot 307 on [NAME] 11 * Lot 308 on [NAME] 11 * Lot 309 on [NAME] 11 * Lot 310 on [NAME] 11 * Lot 311 on [NAME] 11 and 12 * Lot 312 on [NAME] 11 and 12 * Lot 802 on [NAME] 11 * Lot 800 on [NAME] 11 * Lot 1 on [NAME] 11 * Lot 2 on [NAME] 11 * Lot 3 on [NAME] 11 * Lot 4 on [NAME] 11 * Lot 803 on [NAME] 11, 12 and 13 * Lot 13 on [NAME] 11 * Lot 14 on [NAME] 11 * Lot 15 on [NAME] 11 * Lot 5 on [NAME] 11 * Lot 6 on [NAME] 11 * Lot 7 on [NAME] 11 * Lot 801 on [NAME] 11 * Lot 325 on [NAME] 11 and 12 * Lot 326 on [NAME] 11 * Lot 327 on [NAME] 11 * Lot 328 on [NAME] 11 * Lot 329 on [NAME] 11 * Lot 330 on [NAME] 11 * Lot 331 on [NAME] 11 * Lot 332 on [NAME] 11 * Lot 333 on [NAME] 11 * Lot 334 on [NAME] 11 * Lot 335 on [NAME] 11 * Lot 336 on [NAME] 11 * Lot 352 on [NAME] 11, 12 and 14 * An area of road identified and delineated by stations 311-315-316-317-318-308-309-314-310-311 on [NAME] 11 and 12 * Lot 340 on [NAME] 11 and 13 * Lot 341 on [NAME] 11 and 13 * Lot 342 on [NAME] 11 and 13 * Lot 343 on [NAME] 11 and 13 * Lot 344 on [NAME] 11 and 13 * Lot 345 on [NAME] 11 and 13 * Lot 346 on [NAME] 11 and 13 * Lot 347 on [NAME] 11 and 13 * Lot 348 on [NAME] 11 and 13 * An area of road identified and delineated by stations 322-325-326-327-328-319-320-329-321-322 on [NAME] 11 and 13 * Lot 9 on [NAME] 11 * Lot 10 on [NAME] 11 * Lot 11 on [NAME] 11 * Lot 12 on [NAME] 11 * Lot 193 on [NAME] 12 * Lot 167 on [NAME] 12 * Lot 177 on [NAME] 12 * Lot 176 on [NAME] 12 * Lot 160 on [NAME] 12 * Lot 161 on [NAME] 12 * Lot 162 on [NAME] 12 * Lot 163 on [NAME] 12 * Lot 164 on [NAME] 12 * Lot 165 on [NAME] 12 * Lot 166 on [NAME] 12 * Lot 125 on [NAME] 12 * Lot 126 on [NAME] 12 * Lot 127 on [NAME] 12 * Lot 128 on [NAME] 12 * Lot 129 on [NAME] 12 * Lot 130 on [NAME] 12 * Lot 99 on [NAME] 12 * Lot 100 on [NAME] 12 * Lot 101 on [NAME] 12 * Lot 270 on [NAME] 12 * Lot 314 on [NAME] 12 * Lot 315 on [NAME] 12 * Lot 316 on [NAME] 12 * Lot 317 on [NAME] 12 * Lot 282 on [NAME] 12 * Lot 318 on [NAME] 12 and 14 * An area of road identified and delineated by stations 313-324-323-319-312-313 on [NAME] 13 * Lot 337 on [NAME] 13 * Lot 338 on [NAME] 13 * Lot 339 on [NAME] 13 * Lot 349 on [NAME] 13 * Lot 350 on [NAME] 13 * Lot 319 on [NAME] 14 * Lot 320 on [NAME] 14 * Lot 321 on [NAME] 14 * Lot 322 on [NAME] 14 * Lot 323 on [NAME] 14 * Lot 2 on [NAME] 14 * Lot 8 on [NAME] 11 * Lot 351 on [NAME] 13 *

* denotes areas to which s 47A of the [NAME] [NAME] 1993 (Cth) applies.

Part 2 — Non-Exclusive Areas All of the land and waters described in the following table and depicted in light blue on the [NAME] map contained in Schedule 4: Area description (at the time of the [NAME]) [NAME] 70 on [NAME] 2 and 5 That part of Lot 2 on [NAME] excluding an area of closed road identified and delineated by stations C-D-B-C on [NAME] 2, 5, 8, and 9

Schedule 3 – Areas Not Forming Part of the [NAME] The following areas of land and waters do not form part of the [NAME] as described in Part 1 of Schedule 2 and Part 2 of Schedule 2:

1. Those land and waters in the [NAME], or any part thereof, as described in Part 1 of Schedule 2 and Part 2 of Schedule 2: (a) in relation to which one or more Previous Exclusive Possession Acts, within the meaning of s 23B of the [NAME] [NAME] 1993 (Cth) was done and was attributable to either the Commonwealth or the State, and to which none of ss 47, 47A or 47B of the [NAME] [NAME] 1993 (Cth) applied, as they could not be claimed in accordance with s 61A of the [NAME] [NAME] 1993 (Cth). (b) specifically, and to avoid any doubt, the land and waters, or any part thereof, described in paragraph (1)(a) above includes: (i) the Previous Exclusive Possession Acts described in ss 23B(2) and 23B(3) of the [NAME] [NAME] 1993 (Cth) to which s 20 of the [NAME] [NAME] ([RESPONDENT]) Act 1993 (Qld) applies, and to which none of ss 47, 47A or 47B of the [NAME] [NAME] 1993 (Cth) applied. (ii) the land and waters on which any [NAME] work, as defined in s 253 of the [NAME] [NAME] 1993 (Cth), is or was constructed, established or situated, and to which ss 23B(7) and 23C(2) of the [NAME] [NAME] 1993 (Cth) and to which s 21 of the [NAME] [NAME] ([RESPONDENT]) Act 1993 (Qld), applies, together with any adjacent land or waters in accordance with s 251D of the [NAME] [NAME] 1993 (Cth). (c) on which, at the time the [NAME] [NAME] [NAME] was made, [NAME] works were validly constructed, established or situated after 23 December 1996, where s 24JA of the [NAME] [NAME] 1993 (Cth) applies, and which wholly extinguished [NAME] [NAME].

2. Those land and waters that were excluded from the [NAME] [NAME] [NAME] on the basis that, at the time of the [NAME] [NAME] [NAME], they were an area where [NAME] [NAME] rights and interests had been wholly extinguished, and to which none of ss 47, 47A or 47B of the [NAME] [NAME] 1993 (Cth) applied, including, but not limited to: (a) any area where there had been an unqualified grant of estate in fee simple which wholly extinguished [NAME] [NAME] rights and interests; and (b) any area over which there was an existing dedicated [NAME] road which wholly extinguished [NAME] [NAME] rights and interests, including, but not limited to, the land and waters within the area covered by a corridor 15 metres either side of the centre line of the present alignment of the existing road which connects the town of Aurukun to the [ADDRESS].

3. That part of Lot 211 on SP241404 formerly subject to Sub Lease A on AP9682 on the basis that at the time the [NAME] [NAME] [NAME] was made it was, or had been, the subject of one or more Previous Exclusive Possession Acts described in ss 23B(2) and 23B(3) of the [NAME] [NAME] 1993 (Cth) to which s 20 of the [NAME] [NAME] ([RESPONDENT]) Act 1993 (Qld) applies, and to which none of ss 47, 47A or 47B applied.

4. The whole of the following areas of land and waters on the basis that at the time the [NAME] [NAME] [NAME] was made, [NAME] works, as defined in s 253 of the [NAME] [NAME] 1993 (Cth), were constructed, established or situated on those areas and ss 23B(7) and 23C(2) of the [NAME] [NAME] 1993 (Cth) and s 21 of the [NAME] [NAME] ([RESPONDENT]) Act 1993 (Qld) applied, together with any adjacent land or waters in accordance with s 251D of the [NAME] [NAME] 1993 (Cth), including but not limited to: (a) that part of Lot 2 on [NAME] subject to an area of closed road identified and delineated by stations C-D-B-C on [NAME]; (b) Lot 17 on SP248411; (c) Lot 8 on [NAME]; (d) Lot 5 on SP266596; (e) Lot 6 on SP266596; (f) Lot 3 on SP239437; (g) Lot 73 on [NAME] (h) Lot 4 on SP239438; and (i) Lot 247 on [NAME].

5. The whole of the land and waters described as Lot 20 on SP266606 and Lot 7 on [NAME] on the basis that at the time the [NAME] [NAME] [NAME] was made, [NAME] works were validly constructed, established or situated after 23 December 1996, where s 24JA of the [NAME] [NAME] 1993 (Cth) applied and which wholly extinguished [NAME] [NAME].

Schedule 4 – Map of [NAME] FOR JUDGMENT

[NAME]:

INTRODUCTION 1 The parties have sought a [NAME] of [NAME] [NAME] under s 87A of the [NAME] [NAME] 1993 (Cth), with associated orders, recognising [NAME] [NAME] over certain identified parcels of land in favour of the [NAME] [NAME] [NAME] group, being the [NAME] determined in [NAME] v State of [RESPONDENT] [2000] FCA 1443 ([NAME] [NAME]). Those identified parcels are within the external boundary of the area determined in the [NAME] [NAME]. This [NAME], made on the papers, is made on the same day as determinations recognising the [NAME] [NAME] of the [NAME], [NAME] and [NAME]. 2 This [NAME] marks a recognition of [NAME] [NAME] over parcels of land lying within the [NAME] area, over which [NAME] [NAME] could not be recognised at the time of earlier [NAME] determinations. For case management purposes, the present individual parcels fall within a geographic region that has come to be known as the 'Wood area', because [NAME] was the anthropologist initially engaged by the [NAME] applicant to prepare connection material about the area. That is why these parcels are subject of separate orders today. 3 For the reasons set out below, the Court is satisfied it is appropriate to make the orders sought, and that it is within the power of the Court to do so.

THE MATERIAL BEFORE THE COURT 4 The application for consent [NAME] was supported by a principal set of submissions filed by the applicant on 29 September 2023. The State filed its submissions on 13 October 2023. Each set of submissions was made jointly with respect to each of the determinations falling within the Wood area. [ADDRESS] has been greatly assisted by the parties' submissions. 5 The applicant relied on a number of affidavits dealing with matters relevant to the determinations. First, an affidavit of [NAME] [NAME] affirmed 27 September 2023 and filed 29 September 2023 (2023 [NAME] affidavit). Second, an affidavit of [NAME] affirmed 26 September 2023 and filed 29 September 2023 (2023 Wirrick affidavit). Third, paragraphs [5] to [30] of an affidavit filed earlier in the proceeding of Ms [NAME] affirmed 22 October 2021 and filed 27 October 2021 regarding the re-authorisation process undertaken by the applicant in the period from April to September 2021 (2021 [APPELLANT] affidavit). The State relied on an affidavit of [NAME] affirmed 12 October 2023 and filed 13 October 2023. 6 Ms [NAME] is the Principal Legal Officer at the Cape York Land Council, and has had carriage of the [NAME]. In the 2023 [NAME] affidavit, she deposes to the process undertaken for determining appropriate group and boundary descriptions for each [NAME], and describes the way in which the s 87A agreement for the [NAME] [NAME] [NAME] group was approved, including pre-authorisation and authorisation meetings. She deposes to how the [COMPANY] was nominated as the prescribed body corporate (PBC) for the [NAME]. She annexes to her affidavit the notice of nomination for that PBC and its consent to act as the relevant PBC for the [NAME] area. 7 In terms of connection material for the four determinations, including the [NAME] [NAME], the applicant relied on an expert report of [APPELLANT] dated 5 March 2018 and filed 6 March 2018 ([APPELLANT] 2018 report). 8 The applicant submits: The [NAME] IP [NAME] is entirely surrounded by the [NAME] of [NAME] [NAME] made by the Court in [NAME] #1 [[NAME] [NAME]]. The connection of the [NAME] [NAME] [NAME] Group to the [NAME] IP [NAME] is supported by inferences that arise from the [NAME] in [NAME] #1. 9 In the [NAME] [NAME] at [10], [NAME] was satisfied as to the propriety of making those determinations and orders sought by the parties to that proceeding. 10 I have described the procedural history of the [NAME] in the three [NAME] determinations made today. It is not necessary to repeat it here.

THE AGREED GROUP DESCRIPTION 11 The description of the [NAME] [NAME] [NAME] group differs from descriptions of [NAME] [NAME] groups in [NAME] determinations made in the present proceeding, in that no list of apical ancestors is given descent from whom defines membership of the group. Rather, the description of the [NAME] [NAME] group in the [NAME] [NAME] uses the description "[NAME]" which is used in existing [NAME] determinations, including the [NAME] [NAME]. The applicant submits that it is appropriate to use in the present proceeding the same group description for [NAME] that has previously been applied by the Court. The applicant also points to the report of Ms [APPELLANT], submitting that available evidence shows that this description refers to an identifiable group of [NAME] who are mutually aware of who are members of the group. The State does not object to that submission, and I accept it.

AUTHORISATION

The [NAME] section 87A agreement 12 As I have explained in the three [NAME] determinations made today, for the larger areas of the [NAME], a Boundary Identification Negotiation and Mediation or 'BINM' process was adopted in April 2020 to deal with the reality that distinctly identifiable groups hold interests in that area: see also [NAME] [COMPANY] v State of [RESPONDENT] (No 2) ([NAME] [NAME]) [2021] FCA 1464 at [18], [25]-[26] and [NAME] [COMPANY] v State of [RESPONDENT] (No 3) ([NAME]) [NAME]) [2021] FCA 1465 at [19], [23]-[24]. 13 The BINM process did not need to be implemented in relation to the [NAME] [NAME]. As the State explains in its submissions, the [NAME] [NAME] only relates to those areas excluded from the [NAME] [NAME], such that resolution on boundaries was not required and agreement had been reached that the group description would reflect that of the surrounding [NAME]. [ADDRESS] accepts that explanation is correct. 15 In the 2023 [NAME] affidavit, Ms [NAME] deposes to the notification of meetings to discuss, and subsequently authorise, the s 87A agreement for the [NAME] identified parcels [NAME]. The [NAME] authorisation meeting was conducted on 6 September 2023. At that meeting, the group considered the terms of the [NAME] s 87A agreement, and directed the applicant to enter into that agreement.

The authorisation of the [NAME] applicant 16 The applicant's authority to enter into the [NAME] s 87A agreement stems from the re-authorisation process undertaken between April and September 2021, in respect of the [NAME] as a whole. Ms [NAME] describes this process in the 2021 [NAME] affidavit, and the Court described and endorsed it in [NAME] [NAME] [NAME] at [30]-[37] and [NAME] [NAME] at [28]-[35]. In those determinations, I agreed with the State's submission that the weight of authority supports the view that the [NAME] [NAME] affords flexibility to shape the content of an ultimate [NAME] of [NAME] [NAME], provided there is compliance with s 94A and s 225 of the Act. For that reason, I agreed with the State's submission that the re-authorisation process for the applicant was lawful, and compliant with the [NAME] [NAME]. The applicant's submissions also supported this approach, unsurprisingly. No objections were made by any [NAME] parties to the determinations. The State has maintained the same position in its submissions on these current determinations. 17 Nevertheless, in [NAME] [NAME] [NAME] at [38]-[50] and [NAME] [NAME] at [36]-[48], I explained why I considered it also appropriate to make orders under s 84D(4) of the [NAME] [NAME] to deal with any uncertainty arising from differences between the [NAME] group description in the original [NAME] application and those in the proposed s 87A determinations at a more local level, in light of the change in the way the [NAME] was proceeding and the re-authorisation process. 18 Those orders were made under s 84D(4) out of an abundance of caution and to avoid any doubt about the validity of the s 87A determinations. At [50] in [NAME] [NAME] and [48] in [NAME] [NAME], I said: It is plainly in the interests of the administration of justice to do so, in circumstances where the overall [NAME] is gargantuan, and has already consumed seven years' worth of resources, mostly sourced from [NAME] funds. Substantial, dedicated and methodical efforts have been made to comply with the requirements of the [NAME] [NAME] in each step along the way to these first two determinations. Despite significant factual and legal challenges, the two key parties have navigated a consensual path to the recognition of [NAME] [NAME] for the [NAME] and [NAME]) groups. [NAME[NAME] have been consulted and given opportunities to participate in the process as it has progressed. They have been included in steps in the complex timetables. All consent to the [NAME] and [NAME]) determinations. If ever there was a situation in the Court's [NAME] [NAME] jurisdiction where a favourable exercise of discretion by the Court is appropriate to ensure resolution of a [NAME] to which all parties agree, this is that situation. 19 I adopt those reasons in each of the four determinations now made. In each of the present determinations, the applicant proposed that similar orders be made. The State agreed with that proposal. For the reasons given in the extract above, I continue to consider such orders are appropriate.

THE CONNECTION OF THE [NAME] [NAME] [NAME] GROUP TO THE [NAME] 20 I accept the submissions made on behalf of the applicant and the State that the Court can be satisfied, on the basis of the material filed in the proceeding and on the basis of the [NAME] [NAME], that there is sufficient material on connection to sustain the [NAME] of the [NAME], under s 87A of the [NAME] [NAME].

THE APPLICABLE REQUIREMENTS OF SECTION 87A 21 Section 87A applies to an agreement reached "at any stage" of an existing proceeding for a proposed [NAME] of [NAME] [NAME] in relation to an area (the [NAME] area) that is "part of, but not all of", the area covered by the [NAME] [NAME] [NAME] application under s 61 of the [NAME] [NAME]. 22 Sub-section 87A(1) requires: (a) the existence of a proceeding in relation to an application for a [NAME] of [NAME] [NAME]; (b) after the period specified in a notice given under s 66 of the Act, an agreement in writing for a proposed [NAME] of [NAME] [NAME] in relation to part, but not all, of the application area; (c) all those set out in sub-s 87A(1)(c) who are parties to the proceeding are also parties to the s 87A agreement; and (d) that the terms of the agreement are in writing and signed by, or on behalf of, the requisite parties to the proceeding. 23 Sub-section 87A(2) allows for the parties to file a proposed [NAME] of [NAME] [NAME], as they have done on this application. 24 Sub-sections 87A(4) to (6) provide: (4) [ADDRESS] may make an order in, or consistent with, the terms of the proposed [NAME] of [NAME] [NAME] without holding a hearing, or if a hearing has started, without completing the hearing, if the Court considers that: (a) an order in, or consistent with, the terms of the proposed [NAME] would be within its power; and (b) it would be appropriate to do so. Note: As the Court's order involves making a [NAME] of [NAME] [NAME], the order needs to comply with section 94A (which deals with the requirements of [NAME] [NAME] [NAME] orders). (5) Without limiting subsection (4), if the Court makes an order under that subsection, the Court may also make an order under this subsection that gives effect to terms of the agreement that involve matters [NAME] than [NAME] [NAME] if the Court considers that: (a) the order would be within its power; and (b) it would be appropriate to do so. (6) The jurisdiction conferred on the Court by this Act extends to making an order under subsection (5).

Sub-section 87A(1): pre-requisites 25 As the applicant sets out at [45]-[51] of its submissions, which the State adopts, each of the pre-requisites in s 87A(1) is satisfied. Each s 87A agreement has been signed by the requisite parties to the proceeding, after appropriate notification. 26 On 13 October 2023, the parties indicated to the Court by way of correspondence that they had identified a typographical error in a cross reference in Schedule 1, at [4(d)(i)], of the [NAME] s 87A agreement, and the parties provided the Court, by agreement, with an amended version of the [NAME] s 87A agreement correcting that typographical error. [ADDRESS]'s orders today reflect that correction.

Sub-section 87A(4)(a): orders within power 27 For the reasons set out at [52]-[57] of the applicant's submissions, with which the State agrees, I am satisfied the orders sought are within the power of the Court. 28 The [NAME] application is valid and there is no extant [NAME] of [NAME] [NAME] in relation to the [NAME], [NAME], [NAME], or [NAME] and [NAME] identified parcels [NAME] areas. As the State notes, areas over which previous exclusive possession acts have occurred are expressly excluded. There are no [NAME] proceedings before the Court relating to [NAME] [NAME] applications that cover any part of the area the subject of the determinations that would otherwise require orders to be made under s 67(1) of the Act. I am satisfied that the form of the determinations complies with s 94A and s 225 of the Act and, for the reasons that follow, the requirements of s 87A of the Act are otherwise satisfied.

Sub-section 87A(4)(b): appropriate to make the orders sought 29 In reasons for a [NAME] in favour of the [NAME], I set out my approach to the question of "appropriateness" and the Court's function: see [NAME] on behalf of the [NAME] v State of Western Australia [2018] FCA 1849 at [52]-[56], by reference to earlier authorities. In [NAME] on behalf of the [NAME] v State of Western Australia [2020] FCA 42 at [63]-[65], I explained the particular importance of the role of the State in the consent [NAME] process. As I did in the [NAME] and [NAME] determinations, I adopt and apply the observations I made in [NAME] and [NAME] here. 30 In relation to the four determinations, I am satisfied all parties have adopted a methodical and careful approach to group description, boundary description and resolution of boundary disputes, connection and tenure, including for the [NAME] [NAME]. The respective group members have had carefully planned opportunities to participate in decision-making about the proposed s 87A agreements, and especially about the boundary and group descriptions. Group members have been well supported to participate, if they chose to do so. These consultations and meetings are the appropriate time for [NAME] to come forward and express their views or concerns; if group members have concerns then they need to attend these meetings and participate in discussions at those times. [NAME] have been consulted and given the opportunity to comment on matters affecting their interests. [ADDRESS] affords considerable weight to the position taken by the State in supporting the applications for [NAME] of [NAME] [NAME], on behalf of all members of its community. I described the importance of the State's role in [NAME] on behalf of the [COMPANY] v State of [RESPONDENT] (No 10) [2022] FCA 1129 at [6], [56]. I adhere to those views. The role of the State of [RESPONDENT] in the detailed step-by-step process in the [NAME] has involved considerable human and financial resources, and the Court acknowledges the State's dedication to assisting group members to secure determinations of [NAME] [NAME] wherever possible. [NAME[NAME] to the [NAME] have also derived considerable benefit from the tremendous contribution by the State, which has relieved those [NAME] of a great deal of work. [ADDRESS] can be confident the State has reached a carefully considered view before agreeing to these determinations.

ORDER SOUGHT UNDER S 199C(1A) 32 There is one current indigenous land use agreement (ILUA) in place in relation to parts of the [NAME] [NAME] area. It is an area ILUA. The parties agree it is likely that the Registrar's obligation in s 199C(1) of the [NAME] [NAME] is engaged in respect of the ILUA, unless an order is made under s 199C(1A). 33 As the State submits, by sub-s 199C(1)(b) the Registrar's duty to remove an ILUA can apply to area agreements. That sub-section provides: (1) Subject to subsection (1A), the Registrar must remove the details of an agreement from the [NAME] if: … (b) in the case of an agreement under Subdivision C of Division 3 of Part 2—an approved [NAME] of [NAME] [NAME] is made in relation to any of the area covered by the agreement, and any of the persons who, under the [NAME], hold [NAME] [NAME] in relation to the area is not a person who authorised the making of the agreement as mentioned in: (i) if the application relating to the agreement was certified by [NAME] as mentioned in paragraph 24CG(3)(a)—paragraph 203BE(5)(b); or (ii) if the application relating to the agreement included a statement as mentioned in paragraph 24CG(3)(b) to the effect that certain requirements have been met—that paragraph[.] (Emphasis added.) 34 The parties submit an order pursuant to s 199C(1A) of the [NAME] [NAME] should be made, directing the Registrar not to remove the details of the Aurukun Township and [ADDRESS] ILUA (QI2001/026) from the [NAME] of Indigenous Land Use Agreements. The parties contend this order should be made out of an abundance of caution, given the ongoing operational nature of the ILUA, and the potential application of (relevantly) the duty in s 199C(1)(b). The State contends that in the present circumstances the group descriptions of those groups who authorised the ILUA do not reflect, on the face of the ILUA or the [NAME] extracts, the group descriptions proposed in the draft s 87A agreements for the relevant groups. This would appear to engage s 199C(1)(b), although there is no authority on the interpretation of this provision. The State adds that it was not privy to any materials regarding the original authorisation of the ILUA, and this is a further basis on which it contends the proposed s 199C(1A) order is appropriate. 35 Section 199C(1A) provides: (1A) If: (a) the Registrar is or will be required to remove the details of an agreement from the [NAME] in a case covered by paragraph (1)(a) or (b); and (b) the persons who, under the approved [NAME] of [NAME] [NAME] mentioned in that paragraph, hold [NAME] [NAME] apply to the Federal Court for an order under this subsection; and (c) the Federal Court is satisfied that those persons accept the terms of the agreement, in accordance with the process by which they would authorise the making of such an agreement; the Federal Court may order the Registrar not to remove the details of the agreement from the [NAME]. 36 The State submits that sub-s 199C(1A)(a) is engaged because: (a) the Aurukun Township and [ADDRESS] ILUA covers the township of Aurukun; and (b) while the Aurukun Township and [ADDRESS] ILUA appears, on its face, to have been authorised by the [NAME], given that the [NAME] [NAME] and the proposed [NAME] identified parcels [NAME] do not define the [NAME] by reference to apical ancestors, the parties propose to also seek an order in respect of this ILUA out of an abundance of caution. 37 The State further submits that the requirement in s 199C(1A)(b) is met because it is the [NAME] [NAME] [NAME] group that seeks the order under s 199C(1A). It submits the requirement in s 199C(1A)(c) is met, because the [NAME] [NAME] [NAME] group passed resolutions at the [NAME] authorisation meeting on 6 September 2023, accepting the terms of the Aurukun Township and [ADDRESS] ILUA and directing the applicant to seek an order pursuant to s 199C(1A) that the ILUA not be removed from the [NAME]. 38 I accept the State's submissions that the provisions in s 199C(1A) can apply to the area ILUA. As I have previously held, s 199C(1A) is intended to allow for the continuity of obligations assumed under, and entitlements conferred by, (relevantly) an area ILUA where the group identified by this Court as the [NAME] for that area are prepared to agree to continue to be bound by that ILUA, and where there is sufficient overlap between those [NAME] who authorised an ILUA and those who are recognised in a [NAME]. I do not consider it is necessary in the present circumstances of a s 87A agreement for the Court to embark on any detailed consideration of what level of overlap is strictly required, nor to engage with any construction issues that may arise in relation to s 199C(1)(b). Section 199C(1A) is a facultative provision, and should be construed accordingly. 39 Given the resolution passed by the [NAME], I am satisfied it is appropriate for the order sought by the State to be made, out of an abundance of caution. In a complex and novel [NAME] such as the [NAME] proceeding, where the steps to agreement take so long and involve many potential pitfalls, any doubts which can be avoided or accommodated by the making of orders should be resolved by the Court, so that the central objectives of the parties' agreement under s 87A can be achieved. As many justices of this Court have observed, the resolution of claimant applications by consent is a central feature of this legislative scheme.

NOMINATION OF A PRESCRIBED BODY CORPORATE 40 A separate PBC has been nominated under s 56 of the [NAME] [NAME] for each of the [NAME], [NAME], [NAME] and [NAME] independent parcel [NAME] areas. The [COMPANY] is nominated for the [NAME] [NAME] area. In the 2023 [NAME] affidavit, Ms [NAME] describes how each PBC was nominated by the [NAME] [NAME] group concerned, and that each PBC has provided its consent to nomination. In these circumstances, the Court is satisfied that the nomination of each of the [NAME] is appropriate.

CONCLUSION 41 For the [NAME] [NAME] [NAME] group, this [NAME] represents an expansion of the recognition of that group's [NAME] [NAME] to parcels surrounded by areas already determined in the [NAME] [NAME]. It has taken some time to resolve these outstanding parcels, and the [NAME] have shown patience and persistence. [ADDRESS] is pleased to deliver some further certainty to their [NAME] [NAME] claims today, and thanks all those who have worked towards this outcome. I certify that the preceding forty-one (41) numbered paragraphs are a true copy of the Reasons for Judgment of the [NAME] Chief [NAME].

Associate: Dated: 2 November 2023 SCHEDULE OF PARTIES QUD 673 of 2014 Third Respondent: [redacted] Fourth Respondent: [redacted] Fifth Respondent: [redacted] Sixth Respondent: [redacted] Respondent: [redacted] Eighth Respondent: [redacted] Ninth Respondent: [redacted] Tenth Respondent: [redacted] Respondent: [redacted] Twelfth Respondent: [redacted] Thirteenth Respondent: [redacted] Respondent: [redacted] Respondent: [redacted] Respondent: [redacted] Respondent: [redacted] Respondent: [redacted] Respondent: [redacted] Respondent: [redacted] Respondent: [redacted] Respondent: [redacted] Respondent: [redacted] Respondent: [redacted] Respondent: [redacted] Respondent: [redacted] Respondent: [redacted] Respondent: [redacted] Respondent: [redacted] Respondent: [redacted] Respondent: [redacted] Respondent: [redacted] Respondent: [redacted] Respondent: [redacted] Respondent: [redacted] Respondent: [redacted] Respondent: [redacted] Respondent: [redacted] Respondent: [redacted] Respondent: [redacted] Respondent: [redacted] Forty Fourth Respondent: [redacted] Forty Fifth Respondent: [redacted] Respondent: [redacted] [NAME] Respondent: [redacted] Respondent: [redacted] Respondent: [redacted] Respondent: [redacted] Respondent: [redacted] Respondent: [redacted] Respondent: [redacted] Respondent: [redacted] [NAME] Respondent: [redacted] Respondent: [redacted] [NAME]: [RESPONDENT]