Registration Decision

Application name	Nywaigi People	
Name of applicant	Roberta Lightning, Victor Cassady, Victor Bligh, Phil Rist, Gerald Berry, John Anderson, Bernice Dwyer and Vannessa Oui	
Federal Court of Australia No.	QUD148/2015	
NNTT No.	QC2015/003	
Date of Decision	17 November 2017	
		
Claim accepted for registration
I have decided that the claim in the Nywaigi People application satisfies all of the conditions in ss 190B and 190C of the Native Title Act 1993 (Cth). Therefore the claim must be accepted for registration and entered on the Register of Native Title Claims.

___________________________________
Radhika Prasad, Acting Practice Manager
Delegate of the Native Title Registrar.

Cases cited
Anderson on behalf of the Numbahjing Clan within the Bundjalung Nation v Registrar of the National Native Title Tribunal [2012] FCA 1215 (Anderson)
Corunna v Native Title Registrar [2013] FCA 372 (Corunna) 
Daniels for the Ngaluma People and Ors v State of Western Australia [1999] FCA 686 (Daniels)
Griffiths v Northern Territory of Australia [2007] FCAFC 178 (Griffiths)
Gudjala People #2 v Native Title Registrar [2007] FCA 1167 (Gudjala 2007) 
Gudjala People #2 v Native Title Registrar [2008] FCAFC 157 (Gudjala FC) 
Gudjala People #2 v Native Title Registrar [2009] FCA 1572 (Gudjala 2009) 
Martin v Native Title Registrar [2001] FCA 16 (Martin) 
Members of the Yorta Yorta Aboriginal Community v Victoria (2002) 214 CLR 422; [2002] HCA 58 (Yorta Yorta)
Northern Territory of Australia v Alyawarr, Kaytetye, Wurumunga, Wakaya Native Title Claim Group [2005] FCAFC 135 (Alyawarr)
Northern Territory v Doepel (2003) 133 FCR 112; [2003] FCA 1384 (Doepel) 
State of Western Australia v Strickland [2000] FCA 652 (Strickland FC) 
Strickland v Native Title Registrar [1999] FCA 1530 (Strickland) 
Wakaman People #2 v Native Title Registrar [2006] FCA 1198 (Wakaman)
Western Australia v Native Title Registrar (1999) 95 FCR 93; [1999] FCA 1591 (WA v NTR) 
Western Australia v Ward [2002] HCA 28 (Ward HC)
Background
[1]	The amended native title determination application (application) has been made on behalf of the members of the Nywaigi People native title claim group who are connected to the area covered by the application. I have reached the view that the claim in the application must be accepted for registration and this document sets out my reasons.  
[2]	The original application was made on 10 April 2015 when it was filed in the Federal Court of Australia (the Court). The application was amended on 30 August 2017 pursuant to Court orders of 28 August 2017 and a copy was given to the Native Title Registrar (the Registrar) pursuant to s 64(4) of the Act. This has triggered the Registrar’s duty to consider the claim made in the amended application under s 190A of the Act.
[3]	As the amendments to the application include changes to the claim group description, I am satisfied that neither subsection 190A(1A) nor subsection 190A(6A) apply.
[4]	As discussed in my reasons below, I consider that the claim in the application satisfies all of the conditions in ss 190B and 190C and therefore it must be accepted for registration. Attachment A contains information that will be included in the Register of Native Title Claims (the Register).
[5]	In reaching this decision, I have considered s 190A(3) which directs me to have regard to certain information when testing an application for registration. I understand this provision to stipulate that the application and information in any other document provided by the applicant are the primary sources of information for the decision I make. Accordingly, I have taken into account the following material in coming to my decision:
•	the information contained in the application and accompanying documents;
•	additional information provided by the applicant on 27 September 2017;
•	the geospatial assessment prepared by the Tribunal’s Geospatial Services on 6 September 2017; and
•	the results of my own searches using the Tribunal’s registers and mapping database.
Section 190C
Registration: conditions about procedural and other matters
190C(2) Information etc. Required by sections 61 and 62
[6]	The application satisfies the condition of s 190C(2), because it contains all of the details and other information and documents required by ss 61 and 62, as set out in the reasons below. 
What is required to meet this condition?
[7]	In coming to the above conclusion, I understand that the condition in s 190C(2) is procedural only and simply requires me to be satisfied that the application contains the information and details, and is accompanied by the documents prescribed by ss 61 and 62. This condition does not require me to go beyond the information in the application itself nor undertake any merit or qualitative assessment of the material for the purposes of s 190C(2). Accordingly, the application must contain the prescribed details and other information in order to satisfy the requirements of s 190C(2).
[8]	It is also my view that I need only consider those parts of ss 61 and 62 which impose requirements relating to the application containing certain details and information or being accompanied by any affidavit or other document (as specified in s 190C(2)). I therefore do not consider the requirements of ss 61(2) and (5), as those subsections either impose no obligations of this nature in relation to the application or are already tested where required by those parts of ss 61 and 62.  
Does the claim contain the prescribed information and is it accompanied by the prescribed documents?
[9]	The claim meets this condition because it does contain the prescribed details and other information and is accompanied by the prescribed affidavit/s, as set out in the following reasons.
Applications that may be made: s 61(1)
[10]	Schedule A of the application provides a description of the native title claim group and the s 62 affidavits indicate that the persons comprising the applicant are included in the native title claim group. There is nothing on the face of the application that causes me to conclude that the requirements of this provision, under s 190C(2), have not been met.
Applicant’s name and address for service: s 61(3)
[11]	Part B of the application contains the name and address for service of the applicant’s representative. 
Applications authorised by persons: s 61(4)
[12]	I consider that Schedule A of the application contains a description of the persons in the native title claim group that appears to meet the requirements of the Act. 
Affidavits in prescribed form: s62(1)(a)
[13]	The application is accompanied by affidavits from each of the persons who comprise the applicant. The affidavits contain the statements required by s 62(1)(a)(i) to (v), including details of the process of decision making complied with in authorising the applicant.
Information about the boundaries of the area covered by the application and any areas within those boundaries not covered and map showing the boundaries: s 62(2)(a) & (b)
[14]	Attachment B contains information that allows for the identification of the boundaries of the area covered by the application. Schedule B contains information of areas within those boundaries that are not covered by the application.
[15]	Attachment C contains a map showing the external boundary of the application area.
Searches of any non-native title rights and interests carried out: s 62(2)(c)
[16]	Schedule D states that the North Queensland Land Council (NQLC) on behalf of the applicant has not carried out any searches to determine the existence of any non-native title rights and interests in relation to the application area.
Description of native title rights and interests claimed in relation to particular land or waters: s 62(2)(d)
[17]	A description of the native title rights and interests claimed by the native title claim group in relation to the land and waters of the application area appears at Schedule E. The description does not consist only of a statement to the effect that the native title rights and interests are all native title rights and interests that may exist, or that have not been extinguished, at law.
General description of factual basis for assertion that native title exists: s 62(2)(e)
[18]	Schedule F and Attachment F contain information pertaining to the factual basis on which it is asserted that the rights and interests claimed exist. I note that there may also be other information within the application that is relevant to the factual basis.
Activities: s 62(2)(f)
[19]	Schedule G contains details of the activities currently carried out by members of the claim group on the land and waters of the application area.

Other applications: s 62(2)(g)
[20]	Schedule H states that there are no other applications of which the applicant is aware that have been made in relation to the whole or part of the area covered by the application and that seek a determination of native title or a determination of compensation in relation to native title.
Future act notices: ss 62(2)(ga) and (h)
[21]	Schedule HA states that the applicant is not aware of any notifications under paragraph 24MD(6B)(c) that relate to whole or part of the claim area.
[22]	Attachment I provides that there are no notices issued under s 29 that relate to the whole or part of the application area as at 31 March 2015. 
190C(3) No previous overlapping claim group
[23]	As indicated in my reasons below, the application satisfies the condition of s 190C(3).
[24]	In my view, this condition requires that the Registrar be satisfied that there are no common claimants where there is a previous application that comes within the terms of subsections (a) to (c).
[25]	Although the text of this provision reads in the past tense, I consider the proper approach would be to interpret s 190C(3) in the present tense as to do otherwise would be contrary to its purpose. The explanatory memorandum that accompanied the Native Title Amendment Bill 1997 provides that the ‘Registrar must be satisfied that no member of the claim group for the application … is a member of the claim group for a registered claim which was made before the claim under consideration, which is overlapped by the claim under consideration and which itself has passed the registration test [emphasis added]’. The explanatory memorandum further discusses the general discouragement of overlapping claims by members of the same claim group and encouragement of consolidation of such multiple claims into one application.
[26]	I understand from the above that s 190C(3) was enacted to prevent overlapping claims by members of the same native title claim group from being on the Register at the same time. That purpose is achieved by preventing a claim from being registered where it has members in common with an overlapping claim that is on the Register when the registration test is applied. I consider that this approach, rather than a literal approach, more accurately reflects the intention of the legislature. 
[27]	I also note that in assessing this requirement, I am able to address information which does not form part of the application. 
[28]	The geospatial assessment does not identify any previous application that covered the whole or part of the area covered by the current application apart from the current application. 
[29]	I have also undertaken a search of the Tribunal’s mapping database and am of the view that there is no previous application that covered the whole or part of the area covered by the current application. 
[30]	I am therefore satisfied that there is no previous application to which ss 190C(3)(a) to (c) apply. Accordingly, I do not need to consider the requirements of s 190C(3) further. 
190C(4) Identity of claimed native title holders
[31]	For the reasons set out below, I am satisfied that the requirements set out in s 190C(4)(a) are met.
What is required to meet this condition?
[32]	I must be satisfied that either the certification or authorisation requirements set out in ss 190C(4)(a) or (b) respectively are met, in order for the condition of s 190C(4) to be satisfied. 
[33]	Schedule R indicates that the native title representative body for the application area, NQLC, has certified the application and Attachment R contains the certificate. Accordingly, I am of the view that it is necessary to consider whether the requirements of s 190C(4)(a) are met.
[34]	Section 190C(4)(a) requires the Registrar to be ‘satisfied about the fact of certification by an appropriate representative body’, but is not to ‘go beyond that point’ and ‘revisit’ or ‘consider the correctness of the certification by the representative body’. I therefore consider that my task here is to identify the appropriate representative body and be satisfied that the application is certified under s 203BE.
[35]	Once satisfied that the requirements of s 190C(4)(a) have been met, I am not required to ‘address the condition imposed by s 190C(4)(b)’.
Has the application been certified?
Does the certifying body have the power to certify?
[36]	Attachment R is titled ‘Certificate of an application for a determination of native title under section 203BE of the Native Title Act 1993 (Cth) – Nywaigi People native title determination application’ and is signed by the Director of NQLC on 6 May 2015.
[37]	The certificate indicates that the application has been certified pursuant to ss 203BE of the Act. 
[38]	The geospatial assessment identifies NQLC to be the only representative body for the area covered by the application. 
[39]	Having regard to the above information, I am satisfied that NQLC was the relevant representative body for the application area and that it was within its power to issue the certification.
Have the requirements of s 203BE been met?
[40]	To meet the requirements of this condition, the certification must comply with the provisions of s 203BE(4)(a) to (c). For the reasons that follow, I find that these requirements are met and I am therefore satisfied that the claim meets the requirements of s 190C(4)(a).
[41]	The certification complies with s 203BE(4)(a) as it contains the required statement of the representative body’s opinion that all persons in the native title claim group have authorised the applicant to make the application and deal with all matters in relation to it and all reasonable efforts have been made to ensure that the application describes or otherwise identifies all the other persons in the native title claim group.
[42]	The certification complies with s 203BE(4)(b) as it briefly sets out the reasons for being of the above opinion, including that:
•	The authorisation process involved the members of the claim group attending a claim group authorisation meeting about matters that relate to the making of a Nywaigi native title determination application.
•	The meeting was held on 18 December 2014 at Ingham and an agreed to and adopted process was used to make decisions relating to native title claims. All decisions were discussed and passed by the group.
•	At the meeting, the members of the claim group, using an agreed to and adopted process, authorised the persons comprising the applicant to be the applicant for the claim and deal with matters arising in relation to it.
•	The identification of the claim group has involved engagement of a consultant anthropologist who has undertaken extensive anthropological research in the region, including research on the identity of the claim group, by interviewing elders and informants, and researching and cross-checking of secondary resources.
•	The description of the claim group has been the subject of consideration and authorisation by members of the claim group and instructions given to the legal representatives of the claimants confirming the description.
•	An anthropologist report has been prepared in respect of the claim and claim group, and has been considered by members of the claim group and reviewed internally by NQLC in-house anthropologists. 
[43]	Subsection 203BE(4)(c) applies where the application area is covered by an overlapping application for determination of native title. 
[44]	Subsection 203BE(3) sets out the steps that a representative body must take if there are overlapping applications. In short, a representative body must use reasonable efforts to achieve agreement between competing claimants and minimise the number of applications being made. That subsection further provides that a failure by the representative body to comply with this subsection does not invalidate any certification of the application by the representative body.
[45]	The certificate states that the area covered by the application is also not covered, in part or whole by any other application and that NQLC does not intend to lodge any overlapping claim nor is it aware of any other person’s intent to do so.
[46]	I also do not consider that any application currently overlaps the application area — see my reasons at s 190C(3) above. In my view, the requirements of s 203BE(3) are therefore not applicable to the area covered by this application. 
Decision
[47]	I am of the view that the requirements of s 203BE(4) of the Act have been satisfied and therefore find that the criteria under s 190C(4)(a) have been met.
Section 190B
Registration: conditions about merits of the claim
[48]	The application satisfies the condition of s 190B, because it meets the requirements of ss 190B(2)-(9), as set out in the reasons below. 
190B(2) Identification of area subject to native title 
[49]	For the reasons set out below, the application satisfies the condition of s 190B(2).
What is needed to meet this condition?
[50]	For the purposes of s 190B(2), I must be satisfied that the information and map contained in the application is sufficient for it to be said with reasonable certainty whether native title rights and interests are claimed in relation to particular land or waters. 
What information has been provided about the external boundary and excluded areas within this boundary?
[51]	Attachment B has been prepared by the Tribunal’s geospatial services on 28 October 2014 and describes the application area by metes and bounds referencing lot on plan, creeks, the High Water Mark, QUD85/2005 Gugu Badhun People #2 native title determination and geographic coordinates. Schedule B lists some general exclusions.
[52]	Attachment C is a copy of a map titled ‘Native Title Determination Application – Nywaigi People’ prepared by the Tribunal’s geospatial services on 29 September 2017. The map includes the application area depicted by a bold outline, Gugu Badhun People #2 determination area, tenure, towns, roads, waterways, northpoint, scalebar, coordinate grid, legend, and notes relating to the source, currency and datum of data used to prepare the map. 
Is the description and map of the application area reasonably certain?
[53]	The geospatial assessment states that the area covered by the application has not been amended or reduced and concludes that the description and map of the application area are consistent and identify the application area with reasonable certainty. I agree with this assessment.
[54]	Schedule B contains some general exclusions to categories of land and waters, which provides a sufficiently certain and objective mechanism to identify areas that are not covered by the application and fall within the categories described.
[55]	In light of the above information, I am satisfied that the description and the map of the application area, as required by ss 62(2)(a) and (b), are sufficient for it to be said with reasonable certainty that the native title rights and interests are claimed in relation to particular land or waters.

190B(3) Identification of the native title claim group
[56]	For the reasons set out below, the application satisfies the condition of s 190B(3).
What is needed to meet this condition?
[57]	I must be satisfied that either the persons in the native title claim group are named in the application (s 190B(3)(a)) or described sufficiently clearly so that it can be ascertained whether any particular person is in that group (s 190B(3)(b)).
[58]	When assessing the requirements of this provision, I understand that:
•	I am required to address only the content of the application; 
•	section 190B(3) ‘requires only that the members of the claim group be identified, not that there be a cogent explanation of the basis upon which they qualify for such identification’; 
•	where a claim group description contains a number of paragraphs, the paragraphs should be read ‘as part of one discrete passage, and in such a way as to secure consistency between them, if such an approach is reasonably open’; 
•	to determine whether the conditions (or rules) specified in the application has a sufficiently clear description of the native title claim group, ‘[i]t may be necessary, on occasions, to engage in some factual inquiry when ascertaining whether any particular person is in the group as described’.
Does the description of the persons in the native title claim group meet this condition?
[59]	Schedule A describes the native title claim group as comprising all persons who are descendants of a list of apical ancestors.
[60]	It follows from the description above that the condition of s 190B(3)(b) is applicable to this assessment. Thus, I am required to be satisfied that the persons in the native title claim group are described sufficiently clearly so that it can be ascertained whether any particular person is in that group. 
[61]	The approach of identifying members of the native title claim group as descendants of named people has been accepted by the Court as satisfying the requirements of s 190B(3)(b). 
[62]	I consider that describing membership this way provides a clear starting or external reference point to commence an inquiry about whether a person is a member of the claim group.
Decision
[63]	In my view, the description of the native title claim group contained in the application is such that, on a practical level, it can be ascertained whether any particular person is a member of the group. Accordingly, focusing only upon the adequacy of the description of the native title claim group, I am satisfied of its sufficiency for the purpose of s 190B(3)(b).
190B(4) Identification of claimed native title
[64]	For the reasons set out below, the application satisfies the condition of s 190B(4).
What is needed to meet this condition?
[65]	The task at s 190B(4) is to assess whether the description of the native title rights and interests claimed is sufficient to allow the rights and interests to be readily identified. In my opinion, that description must be understandable and have meaning. 
[66]	The description referred to in s 190B(4), and as required by s 62(2)(d) to be contained in the application, is ‘a description of the native title rights and interests claimed in relation to particular land or waters (including any activities in exercise of those rights and interests), but not merely consisting of a statement to the effect that the native title rights and interests are all native title rights and interests that may exist, or that have not been extinguished, at law’.
[67]	I will consider whether the claimed rights and interests can be prima facie established as native title rights and interests, as defined in s 223, when considering the claim under s 190B(6) of the Act. For the purposes of s 190B(4), I will focus only on whether the rights and interests as claimed are ‘readily identifiable’. While undertaking this task, I consider that a description of a native title right and interest that is broadly asserted ‘does not mean that the rights broadly described cannot readily be identified within the meaning of s 190B(4)’.
[68]	I understand that in order to assess the requirements of this provision, I am confined to the material contained in the application itself.
Does the description of the native title rights and interests meet this condition?
[69]	Schedule E contains a description of the claimed native title rights and interests. I am satisfied that they are understandable and have meaning.
[70]	I have considered the description of the native title rights and interests claimed and find that the rights and interests are sufficient to fall within the scope of s 223 and are readily identifiable as native title rights and interests.
190B(5) Factual basis for claimed native title
What is needed to meet this condition?
[71]	While assessing the requirements of this provision, I understand that I must treat the asserted facts as true and consider whether those facts can support the existence of the native title rights and interests that have been identified.
[72]	Although the facts asserted are not required to be proven by the applicant, I consider the factual basis must provide sufficient detail to enable a ‘genuine assessment’ of whether the particularised assertions outlined in subsections (a), (b) and (c) are supported by the claimant’s factual basis material.
[73]	I also understand that the applicant’s material must be ‘more than assertions at a high level of generality’ and must not merely restate or be an alternate way of expressing the claim. 
[74]	I am therefore of the opinion that the test at s 190B(5) requires adequate specificity of particular and relevant facts within the claimants’ factual basis material going to each of the assertions before the Registrar can be satisfied of its sufficiency for the purpose of s 190B(5). 
[75]	The factual basis material is contained in application, including information within Attachment F and the affidavit of a claimant dated 1 April 2015.
[76]	I proceed with my assessment of the sufficiency of this material by addressing each assertion set out in s 190B(5) below.
What is needed to provide a sufficient factual basis for s 190B(5)(a)?
[77]	I understand that s 190B(5)(a) requires sufficient factual material to support the assertion:
•	that there is ‘an association between the whole group and the area’, although not ‘all members must have such association at all times’;
•	that the predecessors of the group were associated with the area over the period since sovereignty; and
•	that there is an association with the entire claim area, rather than an association with part of it or ‘very broad statements’, which for instance have no ‘geographical particularity’.
What information has been provided in support of the assertion at s 190B(5)(a)?
[78]	The factual basis contains the following relevant information about the association of members of the native title claim group, and that of their predecessors, with the application area:
•	The application area is located west of Halifax Bay, Queensland. 
•	A European community was established around the northern/northwestern region of the application area in 1880.
•	Historical records and research refer to the presence of Nywaigi people in the northern, central and southern regions of the application area. A burial site located in the southern region has uncovered remains from the early 1700s.
•	A range of sources from the 1880s to the 1980s provide that the predecessors of the native title claim group would fish, hunt and gather natural resources in the Nywaigi territory. 
•	In relation to the apical ancestors’ association with the application area, the factual basis provides the following information:
-	Billy Erin was a fullblooded Nywaigi man from the southern region and Jeannie was a fullblooded Nywaigi woman from the southern region. One of their sons was born around the northwestern boundary in 1880. He was removed to an area proximate to the northeastern boundary and returned to the northern region in the 1960s. He passed away in 1970 near the northwestern region.
-	Tommy Roach and Nora were Nywaigi and one of their sons was born between 1880 and 1920 in the southern region of the application area. His daughter was born in the early 1940s in the northern region and they lived and worked at this location. While working as a stockman outside the application area, Tommy Roach and Nora’s son would return to around the northwestern region. He and his family were then moved to an area near the northeastern region where he passed away in 1949. His wife and children returned to the area around the northwestern region in the 1950s. His daughter’s son was brought up in the northern region and says that he was taught by his mother about country, hunting and fishing, the same way her parents taught her and their parents taught them. He speaks of the boundary of Nywaigi country and knows who the neighbouring groups are. This family has a connection to the northern and southern regions. 
•	The claim group members have knowledge of a story place and a birth site in the northern region and other story places in the northern, mid-eastern and mid-western regions. There is another birthing place in the southern region. They know about avoidance places such as a location in the central region and have knowledge of a special place in the central region. They have knowledge of mythological stories, which have been passed down from their ancestors.
•	Current claimants continue to harvest, use and manage the resources of Nywaigi country. For instance, one claimant speaks of going camping and fishing in the northern region and visits the western and southern region for important ceremonial and teaching visits.
•	 Knowledge of important places, stories and laws and customs are passed down to the younger generation by their immediate predecessors.

Is the factual basis sufficient to support the assertion at s 190B(5)(a)?
Is there a sufficient factual basis relating to the relationship members of the claim group have in common in connection with the land?
[79]	For the purposes of this condition, I understand that the Registrar is required ‘to address the relationship which all members claim to have in common in connection with the relevant land’. In my view, this criterion should be considered in conjunction with his Honour’s statement that the ‘alleged facts support the claim that the identified claim group (and not some other group) held the identified rights and interests (and not some other rights and interests)’. I consider that these principles are relevant in assessing the sufficiency of the claimants’ factual basis for the purpose of the assertion at s 190B(5)(a), as they elicit the need for the factual basis material to provide information pertaining to the identity of the native title claim group, the predecessors of the group and the nature of the association with the area covered by the application. In that regard, I consider that the factual basis material clearly identifies the native title claim group and acknowledges the relationship the native title claim group have with their country, being both of a physical and spiritual nature. The factual basis reflects the knowledge claim group members have of their traditional land and waters including important places such as birth sites, story places and burial grounds.
Does the factual basis show the history of the association the claim group has, and previously had, with the area?
[80]	  There is also, in my view, a factual basis that goes to showing the history of the association that members of the claim group have, and that their predecessors had, with the application area. The factual basis contains references to the presence of some of the apical ancestors within the application area prior to the date of European settlement, which I understand from the factual basis to have occurred around 1880. For instance, remains from the early 1700s have been uncovered in a burial site within the application area. Billy Erin and Jeannie’s son was born around the northern region in 1880. Their son returned to the claim area in the 1960s and passed away in 1970 near the application area. One of Tommy Roach and Nora’s sons was born around the late 1800s and early 1900s. He would always return to country while working as a stockman outside the claim area and passed away near the claim area in 1949. One of his children was born in the claim area in the 1940s. His wife and children lived and worked in the claim area from the 1950s. One of his grandchildren was brought up in the application area. The descendants of Tommy Roach and Nora continue to have a connection with the northern and southern regions of the claim area. Current claimants continue to travel to, hunt, fish, use resources and visit country for various purposes such as ceremonial practices and teaching.
[81]	The factual basis is also sufficient to support the assertion that the native title claim group have a spiritual association with the application area and to show the history of that association. The native title claim group have knowledge of the sacred places including story places, birthing sites and burial grounds. They also have knowledge of the mythological stories and spiritual presence associated with different areas. This knowledge is passed to them by their immediate predecessors. In my view, this transfer of knowledge and belief system demonstrates the history of the spiritual association the native title claim group have with the application area. 
Is there a sufficient factual basis that the association both past and present relates to the area as a whole?
[82]	For the purposes of s 190B(5)(a), I must also be satisfied that there is sufficient factual material to support the assertion of an association between the group and the whole area. 
[83]	The factual basis indicates that apical ancestors Billy Erin and Jeannie were from the southern region. One of their sons was born proximate to the northwestern region and then was removed to an area near the northeastern region. He later returned to northern region and passed away around the northwestern region. One of Tommy Roach and Nora’s sons was born in the southern region and travelled to the northern region while working as a stockman outside the claim area. He passed away near the northeastern region. One of his children was born in the northern region and his wife and children lived in the northern region. A great grandson of Tommy Roach and Nora was brought up in the northern region. Their descendants have a connection to the northern and southern regions. Current claimants camp and fish in the northern region and visit the western and southern regions for important ceremonial and teaching visits. There are also sacred and spiritual sites within the application area, including story places in the northern, mid-eastern and mid-western regions, a story place and birth site in the northern region, a birthing site in the southern region, an avoidance place in the central region, a special place in the central region and a burial ground in the southern region.
[84]	From the above information, I consider that the factual basis is sufficient to support the assertion of an association, both physical and spiritual, ‘between the whole group and the area’. In my view, the factual basis material provides sufficient examples and facts of the necessary geographical particularity to support the assertion of an association between the whole group and the whole area. 
Decision 
[85]	Given the information before me, I am satisfied that the factual basis provided is sufficient to support the assertion described by s 190B(5)(a). 
What is needed to provide a sufficient factual basis for s 190B(5)(b)?
[86]	The definition of ‘native title rights and interests’ in s 223(1)(a) provides that those rights and interests must be ‘possessed under the traditional laws acknowledged, and traditional customs observed,’ by the native title holders. Noting the similar wording between this provision and the assertion at s 190B(5)(b), I consider that it is appropriate to apply s 190B(5)(b) in light of the case law regarding the definition of ‘native title rights and interests’ in s 223(1). In that regard, I have taken into consideration the observations of the High Court in Yorta Yorta about the meaning of the word ‘traditional’.
[87]	In light of Yorta Yorta, I consider that a law or custom is ‘traditional’ where:
•	‘the origins of the content of the law or custom concerned are to be found in the normative rules’ of a society that existed prior to sovereignty, where the society consists of a body of persons united in and by its acknowledgement and observance of a body of law and customs;
•	the ‘normative system under which the rights and interests are possessed (the traditional laws and customs) is a system that has had a continuous existence and vitality since sovereignty’;
•	the law or custom has been passed from generation to generation of a society, but not merely by word of mouth;
•	those laws and customs have been acknowledged and observed without substantial interruption since sovereignty, having been passed down the generations to the claim group.
[88]	I note that in Gudjala 2009, Dowsett J also discussed some of the factors that may guide the Registrar, or his delegate, in assessing the asserted factual basis, including that:
•	the factual basis demonstrates the existence of a pre-sovereignty society and identifies the persons who acknowledged and observed the laws and customs of the pre-sovereignty society;
•	if descent from named ancestors is the basis of membership to the group, that the factual basis demonstrates some relationship between those ancestral persons and the pre-sovereignty society from which the laws and customs are derived; and
•	the factual basis contains an explanation as to how the current laws and customs of the claim group are traditional (that is laws and customs of a pre-sovereignty society relating to rights and interests in land and waters). Further, the mere assertion that current laws and customs of a native title claim group are traditional because they derive from a pre-sovereignty society from which the claim group is said to be descended, is not a sufficient factual basis for the purposes of s 190B(5)(b).
What information has been provided in relation to the society?
[89]	The identification of a pre-sovereignty society or a society that existed prior to European settlement of the application area is relevant to my assessment of the assertion at s 190B(5)(b). In particular, I am of the view that identification of such a society is necessary to support the assertion of a connection between that society and the apical ancestors as well as a connection with the current native title claim group. I consider the following asserted facts to be relevant to my consideration of whether the factual basis is sufficient to support the existence of such a society:
•	anthropological research provides early evidence of a regional society with accounts of social and cultural gatherings with northern neighbours who have commonalities of a class system and commonalities in language;
•	the pre-sovereignty society of Nywaigi Territory and surrounds constituted itself into named entities that correspond to land ownership, language and group identity;
•	the pre-sovereignty society observed a system of social organisation which governed the existence of the Nywaigi tribe within a wider regional context, as well as its language, territory and seven Bara Groupings;
•	the society had a social structure which regulated social status, identity and marriage and observed a kinship system that distinguished kin based on age, gender, generational level and distinction between biological kin or in-laws;
•	the members of the society conducted subsistence activity and had ecological knowledge, including about a wide range of game, insects, eggs, marine animals, native bee honey and plant foods being consumed as well as observance of totemism and restrictions on the consumption of food based on age, gender and religious beliefs;
•	the predecessors observed cultural practices including the making and use of weapons constructions, clothing and adornments such as boomerangs, wooden swords, spears, spear throwers, wooden shields, digging sticks and nets;
•	the pre-sovereignty society observed laws and customs relating to crime, punishment and intergroup relations; and
•	the members of the society held spiritual beliefs in supernatural forces and mythological conception, and these religious beliefs generated laws and customs that regulated sorcery, mourning and mortuary practices such as healing the sick or avoidance of certain places.
What information has been provided in relation to the traditional laws and customs? 
[90]	The factual basis contains the following relevant information about some of the traditional laws and customs of the native title claim group.
[91]	The native title claim group continue to believe their country is inhabited by spirits, creatures and ancestral beings. They have knowledge of where the story places are located and the spiritual beings and stories associated with those places. They believe that if people visit these places without the proper permission, there would be consequences. The claimants know of places that must be avoided such as where there is an evil presence and also know the location of birthing and burial sites. The claim group members believe that some animals must not be hurt or there would be consequences such as flooding, and they have knowledge of messenger birds. The claim members also observe traditional practices such as being inside before sunset at bad times.
[92]	The claimants continue to perform traditional ceremonies such as men’s business and women’s business. They speak of performing traditional burial rites and smoking ceremonies and speak of this being men’s business. They also observe a system of respect for elders and their decision-making authority, such as having only elders conduct ceremonies.
[93]	The native title claim group observe a system of landholding whereby family groups are associated with country on the basis of ancestral connections through parents and grandparents. The asserted facts indicate that claimants have a special connection to particular parts of Nywaigi country and that certain families can speak for certain parts of country. The claimants have knowledge of the boundary of Nywaigi country and of the special places within it.
[94]	The claimants continue to observe traditional practices and use the application area. The claim group members hunt, fish, and gather natural resources. For instance, the claimants hunt and fish dugong, eel, barra, freshwater stone fish and red brim and gather lily pilly, quondong, guava and native honey. They have knowledge of how to catch and gather bush food, such as what time of the day is best to catch certain types of fish. 
[95]	The claimants continue to speak some language and have traditional names. They observe practices where certain people are not able to eat particular food. 
[96]	Knowledge of traditional laws and customs have been passed from generation to generation by telling stories and being shown sites and how to perform traditional practices. Members of the claim group are told dreaming stories such as the story of creation of Nywaigi country. Claimants learn how to hunt from uncles, aunts, parents and from each other. Their uncles, aunts and parents are taught to hunt in the traditional Nywaigi way by their parents and their grandparents. The great grandson of Tommy Roach and Nora says that his mother taught him how to fish, hunt, gather food and find honey as she had been taught by her elders. His mother showed him how to stop an eel from moving when caught and how to kill it. He speaks of teaching his sons how and at what time of the day to go diving for fish. He was told about dugong hunting and how to respect the hunt when it is cut up and how the flesh is shared among them. They are taught to respect their food. 
[97]	I note that the information extracted at s 190B(5)(a) is also relevant to my consideration of the assertions at s 190B(5)(b).

Is the factual basis sufficient for the assertion of s 190B(5)(b)?
Does the factual basis address the identity of a pre-sovereignty society for the area?
[98]	In my view, the factual basis identifies a relevant pre-sovereignty society of Nywaigi Territory, in the application area, which consisted of the predecessors of the native title claim group. Attachment F set out the nature, extent and the laws and customs of that society. The members of the society had social and cultural gathering with northern neighbours who had commonalties of a class system and commonalities in language. The pre-sovereignty society acknowledged and observed a system of social organisation, a social structure that regulated social status and identity, and system of kinship that distinguished kin. The members of the society acknowledge and observed a body of laws and customs regarding religious and spiritual beliefs, land tenure and traditional usage of the resources of their land and waters including subsistence activity, restrictions on consumption of food, and making and use of weapons, constructions, clothing and adornments. The content of the traditional laws and customs is said to have been passed down to the current members of the native title claim group through the preceding generations.  
Does the factual basis address the links between the pre-sovereignty society, the claim group and their apical ancestors?
[99]	In my view, the factual basis demonstrates that some of the ancestors were living within the application area, or were among the generation born to those who were living within the application area, at the time of European settlement. In this sense, I understand that the information supports the assertion that the apical ancestors were born into the claim group of the pre-sovereignty society that existed at and prior to European settlement. From the factual basis, I understand the current claim members are the descendants of these ancestors.
Is the factual basis sufficient to support the ‘traditional laws and customs’ assertion?
[100]	I am of the view that there is information contained within the factual basis material from which the current laws and customs can be compared with those that are asserted to have existed at sovereignty. 
[101]	The native title claim group observe a landholding system where family groups continue to have an association with particular parts of the application area in which they have ancestral connections. The factual basis contains some information which speaks to the way the members of the claim group continue to perform traditional practices such as fishing, hunting and gathering natural resources. They also continue to have knowledge of traditional methods of performing these practices. The claimants observe protocols of restricting consumption of some foods by certain people. This in my view demonstrates that the laws and customs currently observed are relatively unchanged from those acknowledged and observed by their predecessors, and that they have been passed down the generations to the claimants today. 
[102]	The factual basis also contains references to current observance and acknowledgement of laws and customs of a spiritual nature. The claimants have a spiritual relationship to country and continue to have knowledge of dreaming stories and know the location of story places. They have knowledge of special places, birthing places, avoidance sites and burial grounds. They believe that certain animals should not be hurt as there would be consequences and that certain birds are messenger birds. The claimants also continue to observe traditional burial rites, smoking ceremonies, women’s business and men’s business.
[103]	The factual basis, in my view, is sufficient to support the assertion that the relevant laws and customs, acknowledged and observed by this society, have been passed down through the generations, by oral transmission, teaching and common practice, to the current members of the claim group, and have been acknowledged by them without substantial interruption. The asserted facts state, for instance, that claimants have knowledge of important places and avoidance sites, fish, hunt and gather natural resources. The factual basis also indicates that the grandchild of apical ancestors Tommy Roach and Nora taught her children these laws and customs as she was taught by her elders. I therefore infer that the apical ancestors would have also practiced these modes of teachings. It follows, in my view, that the laws and customs currently observed and acknowledged are ‘traditional’ in the Yorta Yorta sense as they derive from a society that existed at the time of European settlement.  
Decision 
[104]	I am satisfied that the factual basis provided is sufficient to support the assertion described by s 190B(5)(b).
What is needed to provide a sufficient factual basis for s 190B(5)(c)?
[105]	This condition is concerned with whether the factual basis is sufficient to support the assertion that the native title claim group has continued to hold the native title rights and interests claimed in accordance with their traditional laws and customs.
[106]	Meeting the requirements of this condition relies on whether there is a sufficient factual basis to support the assertion at s 190B(5)(b) that there exist traditional laws and customs which give rise to the claimed native title rights and interests. In my view, this assertion relates to the continued holding of native title through the continued observance of the traditional laws and customs of the group.
[107]	I also understand that if the claimants’ factual basis relied upon the drawing of inferences, that ‘[c]lear evidence of a pre-sovereignty society and its laws and customs, of genealogical links between that society and the claim group, and an apparent similarity of laws and customs may justify an inference of continuity’. 
Is the factual basis sufficient for the assertion of s 190B(5)(c)?
[108]	There is, in my view, information within the factual basis material that goes to explaining the transmission and continuity of the native title rights and interests held in the application area in accordance with relevant traditional laws and customs. 
[109]	The factual basis states that knowledge of traditional laws and customs has been passed from the ancestors to their children, to their children, from generation to generation by telling stories, teaching and common practice and continues today among the current generation who are members of the claim group. For instance, the claimants continue to be shown places on country, learn about methods and protocols for fishing, hunting and gathering natural resources by their parents, aunts and/or uncles, the same way they were taught by their elders.
[110]	In reaching my view in relation to this requirement, I have also considered my reasons in relation to s 190B(5)(b) and in particular that: 
•	the relevant pre-sovereignty society has been clearly identified and some facts in relation to that society have been set out;
•	there is some information pertaining to the acknowledgement and observance of laws and customs by previous generations of the native title claim group in relation to the application area;
•	examples of the claim group’s current acknowledgement and observance of laws and customs in relation to the application area have been provided.
Decision
[111]	I am satisfied that the factual basis provided is sufficient to support the assertion described by s 190B(5)(c).
190B(6) Prima facie case
[112]	As set out below, I consider that some of the claimed rights and interests have been established on a prima facie basis. Therefore, the claim satisfies the condition of s 190B(6).
What is needed to meet this condition?
[113]	The requirements of this section are concerned with whether the native title rights and interests, identified and claimed in this application, can be prima facie established. Thus, ‘if on its face a claim is arguable, whether involving disputed questions of fact or disputed questions of law, it should be accepted on a prima facie basis’. Nonetheless, it does involve some ‘measure’ and ‘weighing’ of the factual basis and imposes ‘a more onerous test to be applied to the individual rights and interests claimed’. 
[114]	I note that this section is one that permits consideration of material that is beyond the parameters of the application.   
[115]	I understand that the requirements of s 190B(6) are to be considered in light of the definition of ‘native title rights and interests’ at s 223(1). I must, therefore, consider whether, prima facie, the individual rights and interests claimed:
•	exist under traditional laws and customs in relation to any of the land or waters in the application area; 
•	are native title rights and interests in relation to land or waters; and 
•	have not been extinguished over the whole of the application area.   
[116]	I also understand that a claimed native title right and interest can be prima facie established if the factual basis is sufficient to demonstrate that it is possessed pursuant to the traditional laws and customs of the native title claim group.
[117]	I note that the ‘critical threshold question’ for recognition of a native title right or interest under the Act ‘is whether it is a right or interest “in relation to” land or waters’. I also note that the phrase ‘in relation to’ is ‘of wide import’.  Having examined the native title rights and interests set out in Schedule E of the application they are, prima facie, rights or interests ‘in relation to land or waters.’
[118]	I also note that I consider that Schedule B of the application sufficiently addresses any issue of extinguishment, for the purpose of the test at s 190B(6). 
[119]	Before I consider the rights and interests claimed, I note that my reasons at s 190B(6) should be considered in conjunction with, and in addition to, my reasons and the material outlined at s 190B(5).
Which rights and interests can be established on a prima facie basis?
2. With respect to all remaining tenures within the claim area the Native Title rights and interests claimed are not to the exclusion of all others and are the rights and interests to:
i. access, be present on, move about on and travel over the area
ii. camp, live temporarily on the area as part of camping, and for that purpose build temporary shelters
iii. hunt, fish and gather on the land and waters of the area for personal, domestic and non-commercial communal purposes
iv. take, use, share and exchange Natural Resources from the land and waters of the area for personal, domestic and non-commercial communal purposes
v. take and use the Water of the area for personal, domestic and non-commercial communal purposes
xi. light fires on the area for the domestic purposes including cooking, but not for the purpose of hunting or clearing vegetation
[120]	The factual basis indicates that the predecessors of the native title claim group resided, visited, used and travelled across Nywaigi country. For instance, anthropological evidence and historical records show the presence of the apical ancestors, their children and other predecessors on the application area. The asserted facts indicate that the predecessors would fish, hunt and gather food and use natural resources to make weapons, constructions, clothing and adornments such as boomerangs, wooden swords, spears, shields, digging sticks and nets.
[121]	The current claimants speak of their regular use of country, including residing, camping, hunting, fishing, visiting sites, gathering and using natural resources, and travelling over the application area. They light fires to cook food, for warmth, for hunting, and for straightening spear shafts. The claimants share food and medicine with kin and friends on the claim area. I understand claim members would also use water for purposes such as camping. 
[122]	It is my view that the factual basis material prima facie establishes that these rights are possessed under the traditional laws and customs of the native title claim group.
vi. conduct ceremonies on the area;
vii. be buried and bury native title holders on the area
viii. 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
ix. teach on the area the physical and spiritual attributes of the area
x. hold meetings on the area
[123]	The factual basis indicates that claimants continue to hold meetings and perform smoking ceremonies and men’s and women’s business on country. The claimants continue to be buried and perform burials within the application area. Claimants also teach about specific sites on the claim area and recount mythological stories and historical stories during visits to places associated with those stories or when nearby the claim area.
[124]	I consider these rights are prima facie established under traditional laws and customs.
Which rights cannot be prima facie established?
1. With respect to all unallocated State land (USL) within the land and waters covered by the application (‘claim area’) where there has been no prior extinguishment of Native Title or where s238 applies, the Native Title rights and interests claimed are the right to possess, occupy, use and enjoy the claim area as against the whole world, pursuant to the traditional laws and customs of the claim group
[125]	The majority of the High Court in Ward HC considered that ‘[t]he expression “possession, occupation, use and enjoyment … to the exclusion of all others” is a composite expression directed to describing a particular measure of control over access to land [emphasis added]’. The High Court further noted that the expression, collectively, conveys ‘the assertion of rights of control over the land’, which necessarily flow ‘from that aspect of the relationship with land which is encapsulated in the assertion of a right to speak for country’. 
[126]	In Griffiths, the Full Court, while exploring the relevant requirements to proving that such exclusive rights are vested in a native title claim group, stated that: 
the question whether the native title rights of a given native title claim group include the right to exclude others from the land the subject of their application does not depend upon any formal classification of such rights as usufructuary or proprietary. It depends rather on the consideration of what the evidence discloses about their content under traditional law and custom [emphasis added]. 
[127]	I also note the Full Court’s observations in relation to control of access to country that:
[i]f control of access to country flows from spiritual necessity because of the harm that “the country” will inflict upon unauthorised entry, that control can nevertheless support a characterisation of the native title rights and interests as exclusive. The relationship to country is essentially a “spiritual affair”. It is also important to bear in mind that traditional law and custom, so far as it bore upon relationships with persons outside the relevant community at the time of sovereignty, would have been framed by reference to relations with indigenous people. The question of exclusivity depends upon the ability of the [native title holders] effectively to exclude from their country people not of their community. If, according to their traditional law and custom, spiritual sanctions are visited upon unauthorised entry and if they are the gatekeepers for the purpose of preventing such harm and avoiding injury to the country, then they have … an exclusive right of possession, use and occupation. 
[128]	In examining whether the claimants’ material prima facie establishes its existence, I am of the view that this right materialises from traditional laws and customs that permit the native title claim group to exhibit control over all others in relation to access to the land and waters. 
[129]	The factual basis is such that it is asserted that at the time of European settlement, there existed an association between the native title claim group and its land and waters. The asserted facts indicate that family groups are associated with and speak for particular parts of country. The asserted facts state that the members of the claim group invite or give permission to members from other tribes to obtain resources from the claim area. There are also references to there being consequences for visiting specific places without the proper permission.
[130]	 In my view, however, the factual basis is not sufficient to prima facie establish the existence of exclusive native title rights and interests in the application area. For instance, the factual basis speaks of permission being required to access certain parts of country or claimants inviting or giving permission to neighbouring tribes to obtain resources, however I do not consider the asserted facts sufficiently explain the necessity for permission or how the native title claim group excludes outsiders from the application area under the traditional laws and customs of the claim group. 
[131]	I consider that this right is not prima facie established.
190B(7) Physical connection
[132]	For the reasons set out below, the application satisfies the condition of s 190B(7).
What is needed to meet this condition?
[133]	This condition requires that I must be satisfied that at least one member of the native title claim group currently has or previously had a traditional physical connection with any part of the land or waters covered by the application, or previously had and would reasonably be expected to currently have a traditional physical connection with any part of the land or waters, but for certain things done. 
[134]	The courts have observed that it ‘seems likely that [the traditional physical] connection must be in exercise of a right or interest in land or waters held pursuant to traditional laws and customs’. In interpreting connection in the ‘traditional’ sense as required by s 223 of the Act, the members of the joint judgment in Yorta Yorta felt that ‘the connection which the peoples concerned have with the land or waters must be shown to be a connection by their traditional laws and customs … “traditional” in this context must be understood to refer to the body of law and customs acknowledged and observed by the ancestors of the claimants at the time of sovereignty’.   
[135]	I consider that for the purposes of s 190B(7), I must be satisfied of a particular fact or facts, from the material provided, that at least one member of the claim group has or had the necessary traditional physical association with the application area. 
Is there evidence that a member of the claim group has a traditional physical connection?
[136]	I refer to the information above in relation to s 190B(5) of these reasons, which provides a sufficient factual basis supporting the assertion that the native title claim group acknowledge and observe the traditional laws and customs of the pre-sovereignty society. 
[137]	The factual basis contains relevant information that describes a traditional physical association of the claim group with the application area, including members travelling, residing, hunting, fishing, gathering material to use in manufacturing implements such as spears, gathering timber to make fire for various purposes, and performing other practices, such as smoking ceremonies, within the application area. 
[138]	Given the above, and considering all of the information provided with the application, I am satisfied that at least one member of the native title claim group currently has or previously had a traditional physical connection with the land or waters within the application area. 
190B(8) No failure to comply with s 61A
[139]	As set out in my reasons below, in my view the application does not offend any of the provisions of ss 61A(1), (2) and (3) and therefore the application satisfies the condition of s 190B(8).
[140]	Section 190B(8) requires that the application and accompanying documents must not disclose, and the Registrar must not otherwise be aware, that because of s 61A (which forbids the making of applications where there have been previous native title determinations or exclusive or non-exclusive possession acts), the application should not have been made.
[141]	In the reasons below, I look at each part of s 61A against what is contained in the application and accompanying documents and in any other information before me as to whether the application should not have been made.

No native title determination application if approved determination of native title (s 61A(1))
[142]	The geospatial assessment states that no determinations of native title fall within the external boundaries of the application area. The results of my own search of the Tribunal’s mapping database confirm this. It follows that the application is not made in relation to an area for which there is an approved determination of native title.
Claimant application not to be made covering previous exclusive possession over areas (s 61A(2))
[143]	Schedule B states that areas which are subject to a previous exclusive possession act are excluded from the application.
Claimant applications not to claim certain rights and interest in previous non-exclusive possession act areas (s 61A(3))
[144]	Schedule B appears to indicate that exclusive possession is not claimed over areas that are subject to valid previous non-exclusive possession acts except to the extent ss 47, 47A or 47B apply. 
190B(9) No extinguishment etc. of claimed native title
[145]	The application satisfies the condition of s 190B(9), because it meets all of the three subconditions, as set out in the reasons below.
[146]	Section 190B(9) provides that the application and accompanying documents must not disclose, and the Registrar must not be aware of the matters set out in (a) to (c). 
No claim made of ownership of minerals, petroleum or gas that are wholly owned by the Crown (s 190B(9)(a))
[147]	Schedule Q provides that the native title claim group does not claim ownership of minerals, petroleum or gas that are wholly owned by the Crown.
Exclusive possession is not claimed over all or part of waters in an offshore place (s 190B(9)(b))
[148]	Schedule P states that the application does not include a claim by the native title claim group to exclusive possession of all or part of an offshore place.
Native title rights and/or interests in the application area have otherwise been extinguished (s 190B(9)(c))
[149]	The application does not disclose, nor is there any information before me to indicate, that the native title rights and interests claimed have otherwise been extinguished.

End of reasons

Attachment A
Information to be included on the Register of Native Title Claims
Application name	Nywaigi People	
NNTT file no.	QC2015/003	
Federal Court of Australia file no.	QUD148/2015	
In accordance with ss 190(1) and 186 of the Native Title Act 1993 (Cth), the following is to be entered on the Register of Native Title Claims for the above application.
Section 186(1): Mandatory information
Application filed/lodged with:
Federal Court of Australia	
Date application filed/lodged:
10 April 2015
Date application entered on Register:
5 June 2015
Applicant:
As appears on the extract from the Schedule of Native Title Applications
Applicant’s address for service:
As appears on the extract from the Schedule of Native Title Applications
Area covered by application:
As appears on the extract from the Schedule of Native Title Applications except change the following:
-	Change paragraph 1(b) to ‘(b) any area in relation to which a ‘previous exclusive possession act’, as defined in section 23B of the Native Title Act, was done and the act was an act attributable to the Commonwealth or the State of Queensland’
-	Change ‘it’ to ‘if’ in paragraph 3
Persons claiming to hold native title:
As appears on the extract from the Schedule of Native Title Applications except change ‘know’ to ‘known’ in paragraph 2
Registered native title rights and interests:
As follows:
2. With respect to all remaining tenures within the claim area the Native Title rights and interests claimed are not to the exclusion of all others and are the rights and interests to:
i. access, be present on, move about on and travel over the area;
ii. camp, live temporarily on the area as part of camping, and for that purpose build temporary shelters;
iii. hunt, fish and gather on the land and waters of the area for personal, domestic and non-commercial communal purposes;
iv. take, use, share and exchange Natural Resources from the land and waters of the area for personal, domestic and non-commercial communal purposes;
v. take and use the Water of the area for personal, domestic and non-commercial communal purposes;
vi. conduct ceremonies on the area;
vii. be buried and bury native title holders on the area;
viii. 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;
ix. teach on the area the physical and spiritual attributes of the area;
x. hold meetings on the area; and
xi. light fires on the area for the domestic purposes including cooking, but not for the purpose of hunting or clearing vegetation.

3. The Native Title rights are subject to:
a) the valid laws of the State of Queensland and the Commonwealth of Australia
b) the rights (past or present) conferred upon persons pursuant to the laws of the Commonwealth and the laws of the State of Queensland.

End of document