ABORIGINAL LAND RIGHTS (NORTHERN TERRITORY) AMENDMENT ACT 1978

No. 21 of 1978

An Act to amend the Aboriginal Land Rights (Northern Territory) Act 1976.

BE IT ENACTED by the Queen, and the Senate and House of Representatives of the Commonwealth of Australia, as follows:

Short title, &c.

1. (1) This Act may be cited as the Aboriginal Land Rights (Northern Territory) Amendment Act 1978.

(2) The Aboriginal Land Rights (Northern Territory) Act 1976 is in this Act referred to as the Principal Act.

Commencement

2. This Act shall come into operation on a date to be fixed by Proclamation.

Interpretation

3. Section 3 of the Principal Act is amended—

(a) by inserting in sub-section (1), after the definition of “alienated Crown land”, the following definition:

“‘Alligator Rivers Area (No. 3)’ means the land described in Schedule 4;”;

(b) by inserting in sub-section (1), after the definition of “Crown Land”, the following definition:

“‘Director’ means the Director of National Parks and Wildlife;”; and

“‘grant’, in relation to an interest in land (including any interest referred to in a paragraph of sub-section (2) of this section), includes the doing of any action by reason of which the interest arises;”.

Land Trusts

4. Section 4 of the Principal Act is amended—

(a) by omitting from sub-section (1) “groups of”;

(b) by adding “and” at the end of paragraph (a) of sub-section (2); and

Functions of Land Trusts

5. Section 5 of the Principal Act is amended by omitting from paragraph (b) of sub-section (1) “Aboriginal groups” and substituting “Aboriginals”.

Recommendations for grants of Crown land, other than that described in Schedule 1

6. Section 11 of the Principal Act is amended—

(a) by omitting from paragraph (a) of sub-section (1) “a group or groups of”;

(b) by omitting from paragraph (c) of sub-section (1) “that group or those groups of” and substituting “such”; and

“(1a) Notwithstanding sub-section (1), where land the subject of a recommendation referred to in paragraph (a) of that sub-section is land in the Alligator Rivers Area (No. 3) in which all the estates and interests not held by the Crown are held by the Director, the Minister is not required to ensure that the estates and interests of the Director in the land are acquired by the Crown.”.

Grants of land to Land Trusts

7. Section 12 of the Principal Act is amended by inserting after sub-section (2) the following sub-sections:

“(2a) Where, immediately before a deed of grant under this section that relates to land in the Alligator Rivers Area (No. 3) takes effect, the Director held an estate or interest in that land, that estate or interest shall, on the deed of grant taking effect, cease to exist.

“(2b) The delivery of a deed of grant under this section in respect of—

(a) any land described in Schedule 1 under the heading of ‘Alligator Rivers (No. l)’ or ‘Alligator Rivers (No. 2)’; or

(b) any land in the Alligator Rivers Area (No. 3),

not being land constituting, or forming part of, the land described in Schedule 2 known as the Ranger Project Area, is subject to the condition that the Land Council in the area of which the land is situated shall enter into an agreement with the Director under which the Land Council agrees to direct the Land Trust concerned to grant a lease of the land, or such part of the land as the Director specifies, to the Director, being a lease the terms and conditions of which are set out in the agreement, so as to enable the Director to hold the land for the purposes of the National Parks and Wildlife Conservation Act 1975.”.

8. After section 12 of the Principal Act the following sections are inserted:

Occupation of land by Director

“12a. (1) Where the estate or interest of the Director in any land ceases to exist by virtue of sub-section 12 (2a), the Director is entitled, by virtue of this section, to continue his occupation of the land for the purposes of the National Parks and Wildlife Conservation Act 1975 and, during that period of occupation, any buildings or improvements on the land shall be deemed to be the property of the Director.

“(2) Nothing in sub-section (1) prevents the granting by a Land Trust of a lease to the Director of land to which this section applies and, if such a lease is granted, the land ceases to be land to which this section applies.

Arbitration on agreement between Land Council and Director

“12b. (1) Where the Minister is satisfied that a Land Council and the Director are unable to agree on the terms of an agreement to be entered into by them in compliance with the condition referred to in subsection 12 (2b), the Minister may, after consulting with the Land Council and with the Director, appoint an Arbitrator, being a person whom the Minister considers to be in a position to deal with the matter impartially, to determine the terms of an agreement that, in the opinion of the Arbitrator, complies with that condition and should be acceptable to the Land Council and to the Director.

“(2) An agreement determined by the Arbitrator under sub-section (1) shall not include a term or condition (whether in the agreement or in a lease the terms and conditions of which are set out in the agreement) that—

(a) requires the Land Council or Land Trust concerned to take any action that it is not authorized to take by, or under, this Act or any other Act or by, or under, a law of the Northern Territory; or

(b) requires the Director to take any action that he is not authorized to take by, or under, the National Parks and Wildlife Conservation Act 1975 or any other Act or by, or under, a law of the Northern Territory.

“(3) Where the Arbitrator has determined the terms of an agreement under sub-section (1), the Land Council concerned and the Director shall enter into that agreement.

“(4) Where the Minister is satisfied that a Land Council has refused, or is unwilling, to enter into an agreement with the Director as required by sub-section (3), the Minister may, on behalf of the Land Council, enter into the agreement with the Director.

Minister may grant lease in certain circumstances

“12c. Where the Minister is satisfied that—

(a) a Land Council has refused, or is unwilling, to direct a Land Trust to grant to the Director a lease in accordance with an agreement entered into between the Land Council and the Director (including such an agreement entered into by the Minister on behalf of the Land Council) in compliance with the condition referred to in sub-section 12 (2b); or

(b) a Land Trust has refused, or is unwilling, to take action in accordance with a direction given to it by a Land Council, being a direction to grant to the Director a lease in accordance with an agreement entered into between the Land Council and the Director (including such an agreement entered into by the Minister on behalf of the Land Council) in compliance with the condition referred to in sub-section 12(2b),

the Minister may, on behalf of the Land Trust, grant to the Director the lease provided for by the agreement”.

Dealings, &c., with interests in land by Land Trusts

9. Section 19 of the Principal Act is amended by inserting after sub-section (1) the following sub-section:

“(1a) Sub-section (1) does not prevent a dealing with, or disposal of, an estate or interest in land, being land to which the condition referred to in sub-section 12(2b) relates, in accordance with an agreement entered into in compliance with that condition”

10. After section 20 of the Principal Act the following section is inserted in Part II:

Northern Territory transfer of land law to apply

“20a. The law of the Northern Territory relating to the transfer of land applies, according to its tenor, to, and in relation to, any dealing with, or disposition of, an estate or interest in land by, or on behalf of, a Land Trust.”

11. After section 23 of the Principal Act the following sections are inserted:

Power of Land Council to obtain information and documents

“23a. (1) In this section, ‘authorized person’ means a person authorized by a Land Council for the purposes of this section, and any word or phrase that is defined by section 3 of the Environment Protection (Northern Territory Supreme Court) Act 1978 and is used in this section has the same meaning as in that Act.

“(2) An authorized person may, by notice in writing served either personally or by post on a person, require the person (in this sub-section referred to as ‘the person liable’)—

(a) to furnish to the authorized person, by writing signed by the person liable, or, if the person liable is a body corporate, by a competent officer of the body corporate, within the time and in the manner specified in the notice, such information in the possession of the person liable as is specified in the notice; or

(b) to furnish to the authorized person, within the time and in the manner specified in the notice, such documents in the possession of the person liable as are specified in the notice,

being information or documents that—

(i) uranium mining operations in the Alligator Rivers Region; or

(ii) any action taken to comply with any requirement of or having effect under a prescribed instrument so far as the requirement relates to the effect of those operations on the environment; and

(d) is, or are, relevant to the question whether or not the Land Council should exercise the power conferred on it by section 4 of the Environment Protection (Northern Territory Supreme Court) Act 1978 to make application to the Supreme Court of the Northern Territory of Australia for the making of an order under that section.

“(3) A person shall not, in purported compliance with a notice served on him under sub-section (2), knowingly furnish information that is false or misleading.

Penalty $1,000

Application to Supreme Court for order with respect to information or documents

“23b. (1) Where a person who has been served with a notice under section 23a has refused or failed to comply, or to comply fully, with the notice, the Land Council concerned may apply to the Supreme Court of the Northern Territory of Australia for an order under this section against that person.

“(2) The person against whom an order under this section is sought is entitled to notice of, and to appear in, the proceedings.

“(3) Where, in proceedings under this section, the Court is satisfied that all or any of the information or documents that was or were required by the notice to be furnished and has or have not been furnished—

(a) is or are in the possession of, or available to, the person against whom the order is sought, and

(b) is or are information or documents of a kind referred to in paragraphs 23a(2)(c) and (d),

the Court may make an order requiring the person against whom the order is sought to furnish to the Land Council concerned, within the time and in the manner specified in the order, the information or documents as to which the Court is so satisfied.

“(4) The Court shall not, under this section, require a person to furnish information or a document if the Court is satisfied that compliance with a requirement to furnish that information or document might tend to incriminate that person.

A person authorized by Land Council to have access to buildings and places in Region

“23c. (1) In this section, ‘authorized person’ means a person authorized by a Land Council for the purposes of this section, and any word or phrase that is defined by section 3 of the Environment Protection (Northern Territory Supreme Court) Act 1978 and is used in this section has the same meaning as in that Act.

“(2) An authorized person is entitled, with the consent of the occupier, to full and free access to all buildings and places in the Alligator Rivers Region for the purpose of obtaining, and reporting to the Land Council, any information that—

(a) relates to—

(i) uranium mining operations in the Alligator Rivers Region, or

(ii) any action taken to comply with any requirement of or having effect under a prescribed instrument so far as the requirement relates to the effect of those operations on the environment; and

(b) is relevant to the question whether or not the Land Council should exercise the power conferred on it by section 4 of the Environment Protection (Northern Territory Supreme Court) Act 1978 to make application to the Supreme Court of the Northern Territory of Australia for the making of an order under that section.

“(3) A person shall not, without reasonable excuse, obstruct or hinder an authorized person in the exercise of his powers under this section.

Penalty: $1,000 or imprisonment for 6 months.

Application to Supreme Court for order with respect to access

“23d. (1) Where the occupier of a building or place has refused, or is unwilling, to consent to the entry of an authorized person into that building or place under section 23c, the Land Council concerned may apply to the Supreme Court of the Northern Territory of Australia for an order under this section against the occupier.

“(2) A person against whom an order under this section is sought is entitled to notice of, and to appear in, the proceedings.

“(3) Where, in proceedings under this section, the Court is satisfied that access by an authorized person to the building or place to which the proceedings relate is necessary for the purpose of obtaining information of a kind referred to in paragraphs 23c(2)(a) and (b), the Court may make an order requiring the person against whom the order is sought to give his consent, within a time specified in the order, to the entry of an authorized person into that building or place for the purpose referred to in section 23c.

“(4) In this section, ‘authorized person’, means a person who is an authorized person for the purposes of section 23c.

Secrecy

“23e. (1) Sub-section (2) applies to every person who is, or has been—

(a) an authorized person;

(b) a member of a Land Council; or

“(2) Subject to sub-section (3), a person to whom this sub-section applies shall not, either directly or indirectly, except in the performance of his functions or duties as an authorized person, a member of a Land Council or a member of the staff of a Land Council, make a record of, or divulge or communicate to any person, any information concerning the affairs of any other person acquired by him by reason of his membership of, or employment by, a Land Council or his activities as an authorized person.

Penalty: $1,000 or imprisonment for 6 months.

“(3) Sub-section (2) does not prevent the communication of information or the production of a document by a person authorized by a Land Council for the purpose—

(a) to the Supreme Court of the Northern Territory of Australia in support of an application made by the Land Council under section 4 of the Environment Protection (Northern Territory Supreme Court) Act 1978;

(b) to the Minister, to the Permanent Head of the Department that deals with matters arising under this Act or to an officer of that Department approved by the Permanent Head of that Department; or

(c) to a person to whom, in the opinion of the Minister, it is in the public interest that the information be communicated or the document produced.

“(4) Neither the Permanent Head of the Department that deals with matters arising under this Act nor an officer of that Department approved by him for the purposes of sub-section (3) shall, either directly or indirectly, except for the purpose of advising the Minister in connexion with this Act, make a record of, or divulge or communicate to any person, any information communicated to him by a person to whom this section applies, being information concerning the affairs of another person acquired by the person to whom this section applies by reason of his membership of, or employment by, a Land Council or his activities as an authorized person.

Penalty: $1,000 or imprisonment for 6 months.

“(5) Nothing in this section shall be taken to affect the operation of section 9 of the Ombudsman Act 1976.

“(6) In this section, ‘authorized person’ means an authorized person for the purposes of section 23A or 23c.”.

Payments in respect of mining under Acts

12. Section 44 of the Principal Act is amended by adding at the end thereof the following sub-section:

“(4) A payment under an agreement under this section shall be made out of the Consolidated Revenue Fund, which is appropriated accordingly.”.

Arbitration on required agreement

13. Section 46 of the Principal Act is amended by omitting from sub-section (1) all the words after “Commonwealth, as the case may be,” (second occurring) and substituting “for the purposes of subsection 43(2) or 44(2), as the case may be”.

Functions of Commissioner

14. Section 50 of the Principal Act is amended by inserting after sub-section (1) the following sub-section:

“(1a) For the purposes of sub-section (1), land in the Alligator Rivers Area (No. 3) that is alienated Crown Land in which all estates and interests not held by the Crown are held by the Director shall be deemed to be unalienated Crown land.”.

15. After section 53 of the Principal Act the following section is inserted:

Protection for Commissioner

“53a. The Commissioner shall, in the exercise of his functions as Commissioner, have the same protection and immunity as a Justice of the High Court.”.

Power to require person to answer questions and produce documents

16. Section 54 of the Principal Act is amended—

(a) by omitting from sub-section (3) “sub-section (7)” and substituting “section 54b”; and

(b) by omitting sub-section (7).

17. After section 54 of the Principal Act the following sections are inserted:

Person wishing to give information, &c., to Commissioner

“54a. (1) Where a person present at a place where the Commissioner is conducting an inquiry in pursuance of his functions under this Act indicates to the Commissioner that he wishes to give information, or to produce documents or other records, relating to the matter the subject of the inquiry, the Commissioner may—

(a) if the person wishes to give information—administer an oath or affirmation to that person and examine that person on oath or affirmation; or

(b) if the person wishes to produce documents or other records—inspect, and make and retain copies of, or extracts from, those documents or other records.

“(2) A person shall not, without lawful excuse, refuse or fail to answer a question put to him by the Commissioner in the course of an examination under sub-section (1).

Penalty: $1,000.

“(3) A person is not excused from answering a question referred to in sub-section (2) on the ground that the answer to the question might tend to incriminate him or make him liable to a penalty, but his answer to any such question is not admissible in evidence against him in proceedings other than proceedings for an offence against that sub-section or section 54b.

“(4) A person being examined under sub-section (1) has the same protection, and is, in addition to the penalty provided by sub-section (2), subject to the same liabilities, as a witness in proceedings in the High Court.

Person not to furnish false information, &c.

“54b. A person shall not—

(a) make a statement to the Commissioner in the course of an examination under section 54 or 54a, being a statement that he knows to be false or misleading in a material particular; or

(b) produce to the Commissioner in the course of an inquiry conducted by the Commissioner in pursuance of his functions under this Act a document or other record that to his knowledge contains information that is false or misleading in a material particular.

Penalty: $1,000.”.

Acting appointments

18. Section 57 of the Principal Act is amended by inserting in sub-section (4) “or 54a” after “54”.

Aboriginals Benefit Trust Account

19. Section 62 of the Principal Act is amended by inserting in sub-section (2) “Trust” before “Account” (first occurring).

20. After section 62 of the Principal Act the following section is inserted:

Repeal of section 21 of Northern Territory (Administration) Act and consequent provision

“62a. (1) Section 21 of the Northern Territory (Administration) Act 1910 is repealed.

“(2) Moneys standing to the credit of the Aborigines Benefits Trust Fund (other than moneys that have been invested) immediately before the commencement of this section shall, after the commencement of this section, be deemed to be moneys standing to the credit of the Trust Account.

“(3) Investments in the name of the Minister for Finance of the Commonwealth that are in being immediately before the commencement of this section, being investments of moneys standing to the credit of the Aborigines Benefits Trust Fund, shall, after the commencement of this section, be deemed to be investments of moneys standing to the credit of the Trust Account.

“(4) Any amount that, but for the repeal of section 21 of the Northern Territory (Administration) Act 1910, would have been payable, after the commencement of this section, to the Aborigines Benefits Trust Fund (other than an amount of royalty referred to in sub-section 63 (2)) shall be paid into the Trust Account.”.

Payments into Trust Account and consequential appropriation

21. Section 63 of the Principal Act is amended—

(a) by omitting sub-section (1);

(b) by inserting after sub-section (5) the following sub-section:

“(5a) There shall be paid into the Trust Account any moneys paid by any person to the Commonwealth for the purposes of the Trust Account.”; and

Payments out of Trust Account

22. Section 64 of the Principal Act is amended by omitting from sub-section (1) “Fund” and substituting “Account”.

Trust Account Advisory Committee

23. Section 65 of the Principal Act is amended—

(a) by omitting paragraph (b) of sub-section (2) and substituting the following paragraph:

“(b) members elected by each Land Council.”; and

(b) by inserting after sub-section (2) the following sub-section:

“(2a) For the purposes of paragraph 2 (b), the Minister may, from time to time, fix the number of members to be elected by a Land Council having regard to the number of Aboriginals living in the area of that Land Council.”.

Interpretation

24. Section 66 of the Principal Act is amended by inserting in paragraph (d) “12a,” after “section”.

Schedule 1

25. Schedule 1 to the Principal Act is amended by inserting before the description of land under the heading “AMOONGUNA”, the descriptions of land set out in Schedule 1 to this Act.

Schedule 2

26. Schedule 2 to the Principal Act is amended by omitting “12 degrees 43 minutes 20 seconds” (wherever occurring) and substituting “12 degrees 42 minutes 39 seconds”.

Schedule 4

27. The Principal Act is amended by adding at the end thereof the Schedule set out in Schedule 2 to this Act.

SCHEDULE 1 Section 25

“ALLIGATOR RIVERS (No 1)

“All that piece of land in the Northern Territory of Australia containing an area of 4830 square kilometres more or less and bounded by a line commencing at the intersection of the eastern boundary of Pastoral Lease 739 (Mudginberri) with the left bank of the East Alligator River; thence southerly and westerly by the eastern and part of the southern boundary of the said Pastoral Lease to its intersection with meridian of east longitude 132 degrees 53 minutes; thence southerly by the said meridian to its intersection with the parallel of south latitude 12 degrees 43 minutes 12.14 seconds; thence southwesterly to the intersection of parallel of south latitude 12 degrees 44 minutes 45.38 seconds with the meridian of east longitude 132 degrees 51 minutes 47.54 seconds; thence northwesterly to the intersection of parallel of south latitude 12 degrees 43 minutes 38.69 seconds with the meridian of east longitude 132 degrees 48 minutes 29.26 seconds, thence northwesterly on a bearing of 333 degrees 55 minutes 02.58 seconds to its intersection with a line 30.175 metres east of and parallel to the centreline of the road to Oenpelli; thence generally southwesterly by the said line to its intersection with the easterly prolongation of the survey line as shown on Survey Plan A429 lodged with the Surveyor General for the Northern Territory; thence westerly by the said prolongation and the said survey line to the survey line as shown on Survey Plan A913 lodged with the Surveyor General for the Northern Territory; thence westerly by the said survey line and its westerly prolongation to its intersection with the right bank of the South Alligator River; thence southwesterly by a line from the said intersection to the most northern northeastern corner of Pastoral Lease 612 (Goodparla), thence southerly easterly again southerly and southeasterly by eastern northern eastern and northeastern boundaries of the said Pastoral Lease to the northwestern corner of Pastoral Lease 668 (Gimbat); thence easterly by the northern boundary of the said Pastoral Lease and its prolongation easterly to its intersection with the meridian of east longitude 133 degrees; thence northerly by the said meridian to its intersection with the left bank of the East Alligator River; thence generally northerly by the left bank of the East Alligator River to the point of commencement but excluding therefrom Northern Territory Portions 838 and 895

SCHEDULE 1—continued

“ALLIGATOR RIVERS (No 2)

“All that piece of land in the Northern Territory of Australia containing an area of 390 square kilometres more or less and bounded by a line commencing at the northwestern corner of Pastoral Lease 739 (Mudginberri), thence southerly by part of the western boundary of the said Pastoral Lease to the northeastern corner of Pastoral Lease 737 (Munmarlary), thence northwesterly by a line from the said corner of the said Pastoral Lease to the intersection of the parallel of south latitude 12 degrees 5 minutes 30 seconds with the meridian of east longitude 132 degrees 33 minutes 28 seconds, thence northwesterly by the northwesterly prolongation of the said line to its intersection with the sea coast of Van Diemen Gulf at Point Farewell, thence by the said sea coast and the left bank of the East Alligator River to its intersection with the northern boundary of Pastoral Lease 739 (Mudginberri), thence westerly by the northern boundary of the said Pastoral Lease to the point of commencement”

SCHEDULE 2 Section 27

“SCHEDULE 4 Section 3

“ALLIGATOR RIVERS AREA (No 3)

“Firstly, all those pieces of land in the Northern Territory of Australia containing an area of 7000 square kilometres more or less bounded by lines described as follows: Commencing at the northwestern corner of Pastoral Lease 739 (Mudginberri), thence southerly by part of the western boundary of the said Pastoral Lease to the northeastern corner of Pastoral Lease 737 (Munmarlary), thence northwesterly by a line to the intersection of the parallel of south latitude 12 degrees 5 minutes 30 seconds with the meridian of east longitude 132 degrees 33 minutes 28 seconds, thence northwesterly by the northwesterly prolongation of the said line to its intersection with the sea coast of Van Diemen Gulf at Point Farewell, thence generally southwesterly by the said sea coast to the left bank of the Wildman River, but excluding therefrom those parts along the sea coast of all intersecting rivers, streams and estuaries inland from a straight line joining the seaward extremity of each of the opposite banks of each of the said rivers, streams and estuaries so that the aforesaid boundary line shall follow that part below the sea coast of each of the aforesaid straight lines across each of the aforesaid intersecting rivers, streams and estuaries, thence generally southeasterly by the said bank of the said river to its intersection with the eastern boundary of Pastoral Lease 785 (Point Stuart), thence southerly, southwesterly and westerly by eastern, southeastern and southern boundaries of the said Pastoral Lease to the southwestern corner of the said Pastoral Lease, thence southerly by the eastern boundary of Pastoral Lease 786 (Point Stuart) to the southeastern corner of the said Pastoral Lease, thence easterly and southerly by part of the northern boundary and the eastern boundary of Pastoral Lease 766 (Wildman River) to the southeastern corner of the said Pastoral Lease, thence easterly and southerly by part of the northern boundary and an eastern boundary of Pastoral Lease 747 (Annaburro) to the southeastern corner of the said Pastoral Lease, thence easterly by part of a northern boundary of Pastoral Lease 561 (Mt Bundey) and a northern boundary of Pastoral Lease 612 (Goodparla) to the most northern northeastern corner of Pastoral Lease 612 (Goodparla), thence northeasterly by a line to the intersection of the right bank of the South Alligator River with the westerly prolongation of a surveyed line as shown on Survey Plan A 913 lodged with the Surveyor-General for the Northern Territory, thence generally northerly by the right bank of the South Alligator River to the southwestern corner of Pastoral Lease 737 (Munmarlary), thence easterly by the southern boundary of the said Pastoral Lease and part of the southern boundary of Pastoral Lease 739 (Mudginberri) to the meridian of east longitude 132 degrees 53 minutes, thence north to the parallel of south latitude 12 degrees 38 minutes 12.227 seconds, thence northeasterly to the intersection of the parallel of south latitude 12 degrees 38 minutes and the meridian of east longitude 132 degrees 53 minutes 30 seconds, thence north to the parallel of south latitude 12 degrees 36 minutes, thence west to the meridian of east longitude 132 degrees 53 minutes, thence north to the parallel of south latitude 12 degrees 35 minutes, thence east to the meridian of east longitude 132 degrees 54 minutes 25.7 seconds, thence southeasterly to the intersection of the parallel of south latitude 12 degrees 36 minutes and the meridian of east longitude 132 degrees 55 minutes, thence northeasterly to the intersection of the parallel of south latitude 12 degrees 35 minutes 16.28 seconds and the meridian of east longitude 132 degrees 56 minutes 22 seconds, thence north to the left bank of the East Alligator River, thence

SCHEDULE 2—continued

generally westerly by the said bank of the said river and the northern boundary of Pastoral Lease 739 (Mudginberri) to the point of commencement and including those parts above the sea coast of Field and Barron Islands.

Secondly, all that piece of land in the Northern Territory of Australia containing an area of 324 square kilometres more or less bounded by lines described as follows: Commencing at the most eastern northeastern corner of Pastoral Lease 668 (Gimbat); thence westerly and northerly by northern and eastern boundaries of the said Pastoral Lease to the most northern northeastern corner of the said Pastoral Lease, thence easterly by the easterly prolongation of the most northern boundary of Pastoral Lease 668 (Gimbat) to its intersection with the meridian of east longitude 133 degrees; thence south to the point of commencement”.