Widjabul Wia-bal People – notice under the Native Title Act

The NSW National Parks and Wildlife Service is proposing a section 47C native title agreement with the Widjabul Wia-bal People in relation to national park estate covered by a native title application.

Notice is given on the proposal to make an agreement under section 47C(6)(a) of the Native Title Act 1993 (Commonwealth) covering land within parks and reserves in northern New South Wales, located to the south-west of Ballina and to the north-west of Byron Bay.

The proposed agreement would enable the Federal Court to disregard prior extinguishment of native title within the proposed agreement area and make a determination acknowledging that Widjabul Wia-bal hold native title rights and interests in that area.

This notice is to give any interested people an opportunity to comment on the proposed agreement.

Notice of the intention to enter into an agreement under section 47C(6)(a) of the Native Title Act 1993 (Commonwealth) with the Widjabul Wia-bal covering the same parks and reserves was previously given on 17 and 25 November 2021, however the determination of native title over those areas did not proceed at that time.

Proposed agreement

The Attorney General, as state minister responsible for native title in New South Wales, is proposing, at least 3 months from the date of this notice, to enter into an agreement under section 47C of the Native Title Act 1993 (Commonwealth) (the proposed agreement) with the Widjabul Wia-bal. The Widjabul Wia-bal will file a further native title determination application in the Federal Court over the parks and reserves comprising the proposed agreement area, seeking a determination that native title exists within the proposed agreement area.

If the proposed agreement under section 47C is entered into and the Federal Court makes a determination of native title, any historical extinguishment of native title will be disregarded in the proposed agreement area.

Proposed agreement area

The proposed agreement area will cover parts of the national park estate in northern New South Wales within the new Widjabul Wia-bal claim area, where native title has been historically extinguished, including areas subject to public works:

  • Boatharbour Nature Reserve
  • Tuckean Nature Reserve
  • Muckleewee Mountain Nature Reserve
  • Goonengerry National Park
  • Victoria Park Nature Reserve
  • Mount Jerusalem National Park
  • Nightcap National Park
  • Davis Scrub Nature Reserve
  • Snows Gully Nature Reserve
  • Tucki Tucki Nature Reserve
  • Andrew Johnson Big Scrub Nature Reserve
  • Whian Whian State Conservation Area.

Effect of the proposed agreement

Under the proposed agreement, the National Parks and Wildlife Service will continue to operate and manage the national park estate. If made, the determination of native title will not affect public access or any existing valid interests (such as leases or licences) in relation to the proposed agreement area. It will also not affect the continued reservation of the national park estate or access to, or operation of, public works in the park estate.

The proposed agreement area is outlined and shaded in blue.

Map of the proposed agreement area with the Widjabul Wia-bal People

 

The table below lists the lot and DP numbers of the proposed agreement area.

 

Folio identifier/cadastral record National park
1. Cadastral number 105203966 Mount Nardi, Nightcap National Park
2. 1/806694 Boatharbour Nature Reserve
3. Part of 129/755691. The area subject to the proposed agreement is that part of lot 129 in deposited plan 755691 subject to the part of former portion 80 in Crown Plan 3999-1759, which is situated within lot 129 in deposited plan 755691. Tuckean Nature Reserve
4. 132/755691 Tuckean Nature Reserve
5. 144/755691 Tuckean Nature Reserve
6. Part of 126/755691. The area subject to the proposed agreement is that part of lot 126 in deposited plan 755691 the subject of Stibbards Creek within lot 126 in deposited plan 755691. Tuckean Nature Reserve
7. 130/755691 Tuckean Nature Reserve
8. 127/755691 Tuckean Nature Reserve
9. 131/755691 Tuckean Nature Reserve
10. 135/755691 Tuckean Nature Reserve
11. 143/755691 Tuckean Nature Reserve
12. 147/755691 Tuckean Nature Reserve
13. 133/755691 Tuckean Nature Reserve
14. 134/755691 Tuckean Nature Reserve
15. 93/755691 Tuckean Nature Reserve
16. 125/755691 Tuckean Nature Reserve
17. Cadastral Number 104039770 Tuckean Nature Reserve
18. Cadastral Number 104406629 Tuckean Nature Reserve
19. Cadastral Number 104039848 Tuckean Nature Reserve
20. 43/755693 Muckleewee Mountain Nature Reserve
21. 89/755693 Part of the land – Muckleewee Mountain Nature Reserve; excluded area  – remaining land within Bungabbee State Forest
22. Part of 198/1204312 (formerly referred to as CAD ID 104189557). The area subject to the proposed agreement is that part of lot 198 in deposited plan 1204312 (Muckleewee Mountain Nature Reserve).
 Muckleewee Mountain Nature Reserve
23. Cadastral number 107200654 Part of the land – Muckleewee Mountain Nature Reserve; excluded area – remaining land within Bungabbee State Forest
24. 1/230291 Andrew Johnston Big Scrub Nature Reserve
25. Cadastral number 107019614 Andrew Johnston Big Scrub Nature Reserve
26. 1/712828 Goonengerry National Park
27. 90/755712 Goonengerry National Park
28. 1/123317 Goonengerry National Park
29. 91/755712 Goonengerry National Park
30. 75/755712 Goonengerry National Park
31. 107018948 Mebbin National Park/Forty Spur Nature Reserve
32. 7001/1063053 Victoria Park Nature Reserve
33. 1/125323 Victoria Park Nature Reserve
34. 137/755720 Tuckean Nature Reserve
35. 1/1097962 Mount Jerusalem National Park
36. 72/755739 Nightcap National Park
37. 89/755739 Nightcap National Park
38. 82/755739 Nightcap National Park
39. 1/1178152 Mount Nardi, Nightcap National Park
40. 2/1178152. The area subject to the proposed agreement is that part that falls within the external boundary defined at Schedule 3 Part 1 of Native Title Determination NSD1213/2018 Widjabul Wia-bal (NCD2022/001) as determined by the Federal Court of Australia on 19 December 2022. Nightcap National Park
41. Cadastral number 105051432 Mount Nardi, Nightcap National Park
42. Cadastral number 105436971 Nightcap National Park
43. 31/755743 Mount Jerusalem National Park
44. Cadastral number 107019470 Mount Jerusalem National Park
45. 1/603080 Davis Scrub Nature Reserve
46. 121/755746 Tucki Tucki Nature Reserve
47. 124/755746 Tucki Tucki Nature Reserve
48. 2/808419 Snows Gully Nature Reserve
49. 55/755752 Nightcap National Park
50. 5/821941 Whian Whian State Conservation Area
51. 7/821941 Whian Whian State Conservation Area
52. 8/821941 Whian Whian State Conservation Area
53. 3/808304 Snows Gully Nature Reserve
54. 5/249043 Nightcap National Park
55. 4/755752 Nightcap National Park/Whian Whian State Conservation Area
56. 6/821941 Whian Whian State Conservation Area
57. 64/755752 Nightcap National Park/Whian Whian State Conservation Area
58. 31/755752 Nightcap National Park/Whian Whian State Conservation Area
59. 98/728194 Nightcap National Park
60. 1/755752 Nightcap National Park/Whian Whian State Conservation Area
61. Cadastral number 100778047 Muckleewee Mountain Nature Reserve
62. Cadastral number 100002506 Nightcap National Park
63. Cadastral number 105437024 Nightcap National Park
64. Cadastral number 105567098 Nightcap National Park/Whian Whian State Conservation Area
65. Cadastral number 105606725 Nightcap National Park/Whian Whian State Conservation Area
66. Cadastral number 106732315 Nightcap National Park/Whian Whian State Conservation Area
67. Cadastral number 104406630 Tuckean Nature Reserve
68. Cadastral number 103685824 Nightcap National Park
69. Cadastral number 106709313 Nightcap National Park/Whian Whian State Conservation Area
70. Cadastral number 100261001 (formerly referred to as 105544375) Goonengerry National Park
71. Part cadastral number 100002475. The area subject to the proposed agreement is that part of CADID 100002475 subject to former CADID ID 107019477, being that part that falls within the extent of Goonengerry National Park.
 Goonengerry National Park
72. Cadastral number 171230422 Nightcap National Park/Whian Whian State Conservation Area
73. Part cadastral number 104139992. The area subject to the proposed agreement is that part of CADID 104139992 subject to former CADID ID 107197768, being that part that falls within the extent of Goonengerry National Park.
 Goonengerry National Park
 74. Cadastral number 104134636 (formerly referred to as 106732200) Muckleewee Mountain Nature Reserve
 75. Cadastral number 100261324 (formerly referred to as CAD ID105085732) Goonengerry National Park

What will happen after the notification period ends?

At the end of the public comment period the NSW Government will review all comments received and take them into consideration when deciding whether to enter into the section 47C agreement.

Comment on the proposed agreement

You can comment on the proposed agreement between 18 January 2024 and 17 April 2024.

To give us feedback, please send a written comment by:

  • Post your written submission to:
    Area Manager, NPWS Richmond River Area office
    PO Box 856
    Alstonville NSW 2477
  • Email your submission to: nativetitle.s47C@environment.nsw.gov.au
  • Use the online form below.

Written comments must be received by 17 April 2024.

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