Order JUSTICEGRIFFITHS DOC6 · -198 - 46987 Materials 48229 Recreation and Foreshore Protection 50805 Aerial Landing Ground 50806 Drainage 52428 Waste Disposal Site (b) The rights

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SCHEDULE SIX

OTHER INTERESTS

Paragraph 11

The nature and extent of the Other Interests in relation to the Determination Area are as

follows.

Land tenure interests registered with the Western Australian Land Information Authority are

current as at 11 October 2019. Mining tenements and petroleum interests registered with the

Department of Mines, Industry Regulation and Safety are current as at 11 October 2019. All

other interests are current as at the date of the determination.

1. Freehold

The following grant of an estate in fee simple:

Certificate of Title

CT0149500591

2. Reserves

(a) The following reserves:

Reserve No. Current / Last Purpose

00610 Government Requirements

01045 Stopping Place


01049 Camping


01890 Watering Place for Travellers and Stock

01898 Watering Place for Travellers and Stock

02873 Resting Place

02874 Resting Place

03526 Water

NNTR attachment: WCD2019/016 Schedule Six - Other Interests Page 1 of 17, A4, 17/12/2019

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09668 Water

09701 De Grey Mullewa Stock Route

10737 Public Cemetery

14394 Water

14395 Water

15710 Water

16454 Protection of Vermin Proof Fence

16510 Water Rabbit Department














16910 Cemetery

18368 Water

18369 Water

18370 Water

18371 Water

18372 Water

18373 Water

18374 Water

18375 Water

18376 Water


21350 Stock Route

22313 Use and Benefit of Aboriginal Inhabitants


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22338 De Grey Mingenew Stock Route Deviation

22339 Stock Route (Binthanbooka Mungarra)

22340 Stock Route Deviation


23281 Rifle Range


24942 Stock Route

26651 Native Housing

26844 Rubbish Disposal Site

27262 Stock Route

27284 Trigonometrical Station

27288 Cape Range National Park

27484 Church and School Site (Roman Catholic)

27489 Cemetery

27778 Use and Benefit of Aboriginal Inhabitants

28130 Monument

29761 Gravel

30703 Cemetery

31212 Public Open Space

33146 Transmitting and Receiving Station (Main Roads Department)

37185 Aboriginal Housing

37410 Church Site

40079 Marine Park

40678 Foreshore Protection

41053 Pedestrian Accessway

41635 Accessway

41869 Foreshore Protection

42474 National Park

42755 Conservation of Flora and Fauna




46622 Drainage


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46987 Materials

48229 Recreation and Foreshore Protection

50805 Aerial Landing Ground

50806 Drainage

52428 Waste Disposal Site

(b) The rights and interests of persons who have the care, control and management of

the reserves identified in subclause (a) above;

(c) The rights and interests of persons entitled to access and use the reserves

identified in subclause (a) above for the respective purposes for which they are

reserved, subject to any statutory limitations upon those rights; and

(d) The rights and interests of persons holding leases over areas of the reserves

identified in subclause (a) above.

3. Marine Parks

(a) The following marine parks:

Marine Park Description

M 02 Ningaloo Marine Park

M 07 Shark Bay Marine Park

(b) The rights and interests of persons who have the care, control and management of

the marine parks identified in subclause (a) above;

(c) The rights and interests of persons entitled to access and use the marine parks

identified in subclause (a) above for the respective purposes for which they are

created, subject to any statutory limitations upon those rights;

4. Pastoral Leases

(a) The following pastoral leases and the rights and interests of the holders from time

to time of those pastoral leases:

Lease No. Description

PL N049393 Urala Station


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PL N049430 Wanna Station

PL N049450 Manberry Station

PL N049464 Marron Station

PL N049468 Meeragoolia Station

PL N049561 Dalgety Downs Station

PL N049610 Ella Valla Station

PL N049635 Cardabia Station

PL N049697 Edaggee Station

PL N049831 Innouendy Station

PL N049938 Carey Downs Station



PL N049957 Towera Station

PL N049962 Dairy Creek Station

PL N049964 Wahroonga Station

PL N049969 Towrana Station

PL N049984 Wandagee Station

PL N049991 Winning Station

PL N050082 Koordarrie Station

PL N050123 Mia Mia Station

PL N050135 Minilya Station

PL N050150 Mardathuna Station

PL N050158 Bullara Station

PL N050177 Wooramel Station

PL N050183 Emu Creek Station

PL N050196 Yanrey Station

PL N050211 Eudamullah Station

PL N050218 Doorawarrah Station

PL N050254 Mooloo Downs Station

PL N050258 Glenburgh Station

PL N050265 Hill Springs Station

PL N050280 Jimba Jimba Station

PL N050296 Winderie Station

PL N050303 Mt Phillip Station


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PL N050304 Yinnetharra Station

PL N050328 Minnie Creek Station

PL N050329 Minnie Creek Station

PL N050356 Quobba Station

PL N050380 Boologooro Station

PL N050381 Boologooro Station

PL N050382 Cooralya Station

PL N050383 Cooralya Station

PL N050406 Warroora Station

PL N050424 Exmouth Gulf Station

PL N050435 Gnaraloo Station

PL N050460 Lyons River Station

PL N050519 Callagiddy Station

PL N050522 Middalya Station

PL N050597 Ballythunna Station

PL N050616 Boolathana Station

PL N050619 Bidgemia Station

PL N050631 Brick House Station

PL N050643 Marrilla Station

PL N050646 Meedo Station

PL N050650 Williambury Station

PL N050657 Yalbalgo Station

(b) Any rights and obligations of the pastoralists pursuant to the pastoral leases

referred to in subparagraph (a) above to adopt and exercise best practice

management of the pasture and vegetation resources, livestock and soils within

the boundaries of the pastoral leases in order to manage stock and for the

management, conservation and regeneration of pasture for permitted uses.


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5. Other Leases

The following leases and the rights and interests of the holders from time to time of

those leases:


AB I428655 Use and Benefit of Aboriginal People

GE L763056 Solar collector farm including the generation and storage of renewable energy and the transmission of electricity

GE N697149 Installation, maintenance and operation of telecommunications network facility or radio communications facility.

6. Roads

(a) The following roads and the rights and interests of the persons having the care,

control and management of those roads from time to time:

MapInfo ID. Description Shown on

Road 004 Road No. 3629 CPP SG50-1 (1:250,000)

Road 005 Portion of North West Coastal Highway CPP SG50-5 (1:250,000)

Road 067 Portion of North West Coastal Highway. DP 30476

Road 073 Lot 484 (portion of Bibbawarra Road) DP 192591

Road 081 Portion of North West Coastal Highway DP 218004











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Road 098 Portion of Minilya - Exmouth Road DP 219245





Road 103 Lots 478 and 595 (Bush Bay Road) DP 219370

Road 107 Portion of Banksia Drive DP 30121








Road 116 Portion of Burkett Road DP 38651

Road 117 Portion of Burkett Road DP 38652

Road 136 Unnamed road in Coral Bay DP 66806

Road 137 Lot 532 (Speedway Road) DP 69587

Road 138 Lot 500 (portion of North West Coastal Highway)

DP 70483, CPP 503961 & CPP 503970

Road 140 (part) Portion of Lot 558 (Oakley Street and portion of Wansborough Road) (being portion not subject to Taking Order K97889)

DP 72451

Road 141 (part) Lot 560 (portion of Gregory Street) DP 72452

Road 143 Lot 517 and Lot 717 (portion of North West Coastal Highway)

DP 76704

Road 224 Unnamed road south of Exmouth DP 210437

Easement Right of Access over portion of Lyndon DP 22057, Doc


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Location 173 to access Reserve 44892 A234793

(b) The following road leases and the the rights and interests of the holders from time

to time of those leases:


RO M383669 Installation, maintenance and operation of telecommunications network facility or radiocommunications facility.

RO M714588 Installation, maintenance and operation of telecommunications network facility or radiocommunications facility.

7. Dampier to Bunbury Natural Gas Pipeline

(a) The interests of the Dampier to Bunbury Natural Gas Pipeline Land Access

Minister in the land of the Dampier to Bunbury Natural Gas Pipeline Corridor,

including State corridor rights, under the Dampier to Bunbury Pipeline Act 1997

(WA), and the interests of any other person in land in the Dampier to Bunbury

Natural Gas Pipeline Corridor under sections 34, 36 and 41(2)(b) of the Dampier

to Bunbury Pipeline Act 1997 (WA), including the land and waters the subject of,

or described in, the following taking orders and/or sundry document notices:

Document No. Description

H642138 Sundry Document (Easement 28)








H950513 Taking Order






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I209491 Taking Order















(b) For the avoidance of doubt, those interests include the following easements for the

purpose of access:

MapInfo No. Document / Easement No.

Easement 32 E308636 (Easement No. 3134B/260): Access






Easement 88 D819219 (Easement No. 3134B/233)

8. Mining Tenements


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(a) The following mining tenements granted under the Mining Act 1904 (WA)

(repealed) and / or the Mining Act 1978 (WA) and the rights and interests of the

holders from time to time of those tenements

(i) Exploration Licences

Tenement ID

E 0801051

E 0801395

E 0801396

E 0801399

E 0801780

E 0801781

E 0802390

E 0802929

E 0802995

E 0803027

E 0901325

E 0901582

E 0901617

E 0901618

E 0901639

E 0901641

E 0901764

E 0901824

E 0901825

E 0902082

E 0902087

E 0902098

E 0902102

E 0902114

E 0902136

E 0902143

E 0902146

E 0902148

E 0902155

E 0902156

E 0902169

E 0902170

E 0902176

E 0902197

E 0902198

E 0902214

E 0902236

E 0902239

E 0902243

E 0902245

E 0902256

E 0902273

E 0902277

E 0902283

E 0902284

E 0902287

E 0902300

E 0902302

E 0902304

E 0902305

E 0902312

E 0902313

E 0902316

E 0902319

(ii) General Purpose Leases

Tenement ID

G 0800001

G 0800009

G 0800047

G 0800048

G 0800049

G 0800073

G 0900005

G 0900009

(iii) Mining Leases:

Tenement ID

M 0800006

M 0800008

M 0800045

M 0800046

M 0800062


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M 0800117

M 0800135

M 0800145

M 0800224

M 0800280

M 0800332

M 0800470

M 0800494

M 0800510

M 0900001

M 0900011

M 0900018

M 0900020

M 0900027

M 0900031

M 0900048

M 0900051

M 0900055

M 0900069

M 0900077

M 0900089

M 0900090

M 0900096

M 0900101

M 0900108

M 0900109

M 0900113

M 0900116

M 0900126

M 0900130

M 0900135

M 0900140

M 0900142

M 0900144

M 0900148

M 0900152

M 0900154

M 0900155


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(iv) Miscellaneous Licences:

Tenement ID

L 0800008

L 0800009

L 0800010

L 0800037

L 0800038

L 0800076

L 0800157

L 0900010

L 0900011

L 0900012

L 0900017

L 0900018

L 0900025

L 0900026

L 0900033

L 0900034

L 0900035

L 0900052

L 0900056

L 0900057

L 0900058

L 0900059

L 0900061

L 0900062

L 0900064

(v) Prospecting Licences:

Tenement ID

P 0900483

P 0900486

P 0900487

P 0900488


(vi) Temporary Reserves:

Tenement ID

TR 7002614

TR 7005350

TR 7005980

(b) The agreement as amended and ratified by the Evaporates (Lake McLeod)

Agreement Act 1967 (WA) and rights and interests comprised in, conferred under

or in accordance with, or pursuant to that agreement, including the following

mining tenements:

Tenement ID Tenement Type

AML7000245 Mineral Lease

9. Petroleum Interests

The following petroleum interests granted under the Petroleum and Geothermal Energy

Resources Act 1967 (WA) and / or the Petroleum Pipelines Act 1969 (WA) and the

rights and interests of the holders from time to time of those petroleum interests:

Tenement ID Tenement Type

EP 481 Exploration Permit

L 16 Production Licence

PL 95 Pipeline Licence (Brown Range Interconnect)

PL 40 Pipeline Licence (Dampier to Bunbury Natural Gas Pipeline)

10. Access to Mining Tenements and Petroleum Interests

(a) Without limiting the operation of any other clause this Schedule, but subject to

clause 10(b) below, any rights of the holders from time to time of a mining

tenement or petroleum interest listed in clauses 8 and 9 of this Schedule, to use

(including by servants, agents and contractors) such portions of roads and tracks

in the Determination Area (existing as at the date of this Determination) as are

necessary to have access to the area the subject of the mining tenement or

petroleum interest for the purposes of exercising the rights granted by that

tenement or interest.


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(b) Nothing in clause 10(a) above allows any upgrade, extension, widening or other

improvement to the road or track other than work done to maintain it in

reasonable repair and in order to leave it in substantially the same condition as it

was prior to its use pursuant to clause 10(a).

(c) Nothing in this Schedule will limit the rights of the holders from time to time of

mining tenements or petroleum interests referred to in clauses 8 and 9 of this

Schedule, including, without limitation, any right to exclude members of the

public from entering onto the land and waters the subject of any mining tenement

or petroleum interest.

11. Telstra Corporation Limited

The rights and interests of Telstra Corporation Limited (ACN 051 775 556):

(a) as the owner or operator of telecommunications facilities within the

Determination Area;

(b) created pursuant to the Post and Telegraph Act 1901 (Cth), the

Telecommunications Act 1975 (Cth), the Australian Telecommunications

Corporation Act 1989 (Cth), the Telecommunications Act 1991 (Cth) and the

Telecommunications Act 1997 (Cth), including rights:

(i) to inspect land;

(ii) to install, occupy and operate telecommunications facilities; and

(iii) to alter, remove, replace, maintain, repair and ensure the proper functioning

of its telecommunications facilities;

(c) for its employees, agents or contractors to access its telecommunications facilities

in and in the vicinity of the Determination Area in the performance of their duties;

and

(d) under any lease, licence, permit, access agreement or easement relating to its

telecommunications facilities in the Determination Area.

12. Other


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The following rights and interests in the Determination Area:

(a) Rights and interests, including licences and permits, granted by the Crown in right

of the State or of the Commonwealth pursuant to statute or otherwise in the

exercise of its executive power and any regulations made pursuant to such

statutes;

(b) Rights and interests held by reason of the force and operation of the laws of the

State or of the Commonwealth including the Rights in Water and Irrigation Act

1914 (WA);

(c) Rights and interests of members of the public arising under common law,

including but not limited to:

(i) the public right to fish;

(ii) the public right to navigate; and

(iii) the right of any person to use and enjoy any roads in the Determination Area

(subject to the laws of the State) over which, as at the date of this

determination, members of the public have a right of access under the

common law;

(d) The right to access the Determination Area by:

(i) an employee, agent or instrumentality of the State;

(ii) an employee, agent or instrumentality of the Commonwealth; or

(iii) an employee, agent or instrumentality of any local government authority,

as required in the performance of his or her statutory or common law duty;

(e) So far as confirmed pursuant to section 212(2) of the Native Title Act and section

14 of the Titles Validation Act as at the date of this determination, any existing

public access to and enjoyment of:

(i) waterways;

(ii) beds and banks or foreshores of waterways;

(iii) coastal waters;

(iv) beaches;


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(v) stock routes; and

(vi) areas that were public places at the end of 31 December 1993;

(f) Any other:

(i) legal or equitable estate or interest in the land or waters of the

Determination Area; or

(ii) right (including a right under an option and a right of redemption), charge,

power or privilege over, or in connection with:

(A) the land or waters of the Determination Area; or

(B) an estate or interest in the land or waters of the Determination Area; or

(iii) restriction on the use of the land or waters of the Determination Area,

whether or not annexed to other land or waters;

(g) The Automatic Weather Station (AWS) known as the Cape Range AWS, located

within the external boundaries of Reserve 27288;

(h) The rights and interests of the Australian Maritime Safety Authority (“the

Authority”) as the owner, manager, or operator of aids to navigation pursuant to

section 190 of the Navigation Act 2012 (Cth) and in performing the functions of

the Authority under section 6(1) of the Australian Maritime Safety Act 1990 (Cth)

including to be a national marine safety regulator, to combat pollution in the

marine environment and to provide a search and rescue service.


Documents

Order JUSTICEGRIFFITHS DOC6 · -198 - 46987 Materials 48229 Recreation and Foreshore Protection 50805 Aerial Landing Ground 50806 Drainage 52428 Waste Disposal Site (b) The rights