Djungan People #5 native title consent determination

Original Word Document (311.7 KB) FEDERAL COURT OF AUSTRALIA

Neal on behalf of the Djungan People #5 v State Minister for the State of Queensland [2026] FCA 492

| File number(s): | QUD 811 of 2018 |

| Judgment of: | LONGBOTTOM J |

| Date of judgment: | 28 April 2026 |

| Catchwords: | NATIVE TITLE – Consent determination – Agreement executed under s 87 Native Title Act 1993 (Cth) – Power of Court to make orders – Appropriate for Court to make orders – Nomination of prescribed body corporate not as trustee but as agent for the common law holders |

| Legislation: | Native Title Act 1993 (Cth), ss 13(1), 57, 57(2), 57(3), 81, 87, 87(1), 87(1A), 87(2), 94A, 223, 223(1), 225 |

| Cases cited: | Archer on behalf of the Djungan People #1 v State of Queensland [2012] FCA 801

King v Northern Territory of Australia [2011] FCA 582

Lovett on behalf of the Gunditjmara People v State of Victoria [2007] FCA 474

Mabo v Queensland (No 2) [1992] HCA 23; (1992) 175 CLR 1

Munn for and on behalf of the Gunggari People v State of Queensland [2001] FCA 1229; (2001) 115 FCR 109

Nelson v Northern Territory of Australia [2010] FCA 1343; (2010) 190 FCR 344

Starkey on behalf of Kokatha People v State of South Australia [2018] FCAFC 36; (2018) 261 FCR 183

Wyman on behalf of the Bidjara People v State of Queensland (No 2) [2013] FCA 1229 |

| Division: | General Division |

| Registry: | Queensland |

| National Practice Area: | Native Title |

| Number of paragraphs: | 19 |

| Date of hearing: | 28 April 2026 |

| Counsel for the Applicant: | Mr C Athanasiou |

| Solicitor for the Applicant: | North Queensland Land Council Native Title Representative Body Aboriginal Corporation (Ms L Toepfer and Ms C Thompson) |

| Solicitor for the First Respondent: | Crown Law (Ms D Denaro) |

| Counsel for the Second Respondent: | No appearance |

| Counsel for the Third and Fourth Respondents: | No appearance |
ORDERS

| QUD 811 of 2018 |

| BETWEEN: | ERROL NEAL

First Applicant

DESMOND GRAINER

Second Applicant

WILLIAM MOSSMAN

Third Applicant | |
| AND: | STATE MINISTER FOR THE STATE OF QUEENSLAND

First Respondent

MAREEBA SHIRE COUNCIL

Second Respondent

GEORGE PULHAM LOWE

Third Respondent

MAXINE JOY LOWE

Fourth Respondent | |

| ORDER MADE BY: | LONGBOTTOM J |
| DATE OF ORDER: | 28 APRIL 2026 |
BEING SATISFIED that an order in the terms set out below is within the power of the Court, and it appearing appropriate to the Court to do so, pursuant to s 87 of the Native Title Act 1993 (Cth):

BY CONSENT THE COURT ORDERS THAT:

1.    There be a determination of native title in the terms set out below (the determination).

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

BY CONSENT THE COURT DETERMINES THAT:

3.    The determination area is the land and waters described in Schedule 4 and depicted in the map attached to Schedule 6 to the extent those areas are within the External Boundary and not otherwise excluded by the terms of Schedule 5 (the Determination Area). To the extent of any inconsistency between the written description and the map, the written description prevails.

4.    Native title exists in the Determination Area.

5.    The native title is held by the Djungan People described in Schedule 1 (the Native Title Holders).

6.    Subject to orders 7, 8 and 9 below the nature and extent of the native title rights and interests in relation to the land and waters described in Schedule 4 are the non-exclusive rights to:

(a)    access, be present on, move about on and travel over the area;

(b)    live and camp on the area, and, for those purposes, erect shelters and other temporary structures on the area;

(c)    hunt, fish and gather on the land and waters of the area;

(d)    take Natural Resources from the area to use, share and trade;

(e)    take and use the Water of the area for personal, domestic and non-commercial communal purposes;

(f)    conduct or participate in cultural and religious activities, practices and ceremonies, including to conduct the burial of Native Title Holders on the area;

(g)    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 desecration or physical harm;

(h)    teach on the area the physical and spiritual attributes of the area;

(i)    conduct or participate in meetings on the area;

(j)    light fires on the area for cultural, spiritual or domestic purposes including cooking, but not for the purpose of hunting or clearing vegetation; and

(k)    be accompanied onto the area by persons who, though not Native Title Holders are:

(i)    spouses, partners or parents of Native Title Holders, together with their children and grandchildren;

(ii)    people required for the performance of cultural activities, practices or ceremonies; and

(iii)    people requested by the Native Title Holders to assist in, observe or record cultural activities, practices or ceremonies.

7.    The native title rights and interests are subject to and exercisable in accordance with:

(a)    the Laws of the State and the Commonwealth; and

(b)    the traditional laws acknowledged and traditional customs observed by the Native Title Holders.

8.    The native title rights and interests referred to in order 6 do not confer possession, occupation, use or enjoyment to the exclusion of all others.

9.    There are no native title rights in or in relation to minerals as defined by the Mineral Resources Act 1989 (Qld) and petroleum as defined by the Petroleum Act 1923 (Qld) and the Petroleum and Gas (Production and Safety) Act 2004 (Qld).

10.    The nature and extent of any other interests in relation to the Determination Area (or respective parts thereof) are set out in Schedule 2.

11.    The relationship between the native title rights and interests described in order 6 and the other interests described in Schedule 2 (the Other Interests) is that:

(a)    the Other Interests continue to have effect, and the rights conferred by or held under the Other Interests may be exercised notwithstanding the existence of the native title rights and interests; and

(b)    the Other Interests and any activity that is required or permitted by or under, and done in accordance with, the Other Interests, or any activity that is associated with or incidental to such an activity, prevail over the native title rights and interests and any exercise of the native title rights and interests.

DEFINITIONS AND INTERPRETATION

12.    In this determination, unless the contrary intention appears:

| “Animal” means any member of the animal kingdom (other than human), whether alive or dead; |
| “External Boundary” means the area described in Schedule 3; |
| “land” and “waters”, respectively, have the same meanings as in the Native Title Act 1993 (Cth); |
| “Laws of the State and the Commonwealth” means the common law and the laws of the State of Queensland and the Commonwealth of Australia, and includes legislation, regulations, statutory instruments, local planning instruments and local laws;

“Local Government Act” has the meaning given in the Local Government Act 2009 (Qld);

“Local Government Area” has the meaning given in the Local Government Act 2009 (Qld); |
| “Natural Resources” means:

(a)    any Animals and Plants found on or in the lands and waters of the Determination Area; and

(b)    any clays, soil, sand, gravel or rock found on or below the surface of the Determination Area;

(c)    but does not include:

(i)    animals that are the private personal property of another;

(ii)    crops that are the private personal property of another;

(iii)    minerals as defined in the Mineral Resources Act 1989 (Qld); or

(iv)    petroleum as defined in the Petroleum Act 1923 (Qld) and the Petroleum and Gas (Production and Safety) Act 2004 (Qld); |
| “Plant” means any member of the plant or fungus kingdom, whether alive or dead and standing or fallen; |
| “Water” means:

(a)    water which flows, whether permanently or intermittently, within a river, creek or stream;

(b)    any natural collection of water, whether permanent or intermittent; and

(c)    water from an underground water source.

Other words and expressions used in this determination have the same meanings as they have in Part 15 of the Native Title Act 1993 (Cth). |
THE COURT DETERMINES THAT:

13.    The native title is not held in trust.

14.    The Nguddaboolgan Native Title Aboriginal Corporation RNTBC (ICN: 7727), incorporated under the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Cth), is to:

(a)    be the prescribed body corporate for the purpose of s 57(2) of the Native Title Act 1993 (Cth); and

(b)    perform the functions mentioned in s 57(3) of the Native Title Act 1993 (Cth) after becoming a registered native title body corporate.

LIST OF SCHEDULES

Schedule 1 – Native Title Holders

Schedule 2 – Other Interests in the Determination Area

Schedule 3 – External Boundary

Schedule 4 – Description of Determination Area

Schedule 5 – Areas Not Forming Part of the Determination Area

Schedule 6 – Map of Determination Area

SCHEDULE 1 – Native Title Holders

1.    The Native Title Holders are the Djungan People. The Djungan People are comprised of the descendants (including through adoption or raising up in accordance with traditional laws and customs) of one or more of the following apical ancestors:

(a)    Tommy and Topsy Wason;

(b)    John Wason;

(c)    Dinah [Richards];

(d)    Jessie Wason;

(e)    Jack O’Neil and his spouse, Flora Richards;

(f)    Peter Ray Burns;

(g)    Jimmy Kingsburra and Lizzie Kingsburra (including the descendants of Joe Sands);

(h)    Charles James Archer (Senior);

(i)    Lucy [Burns];

(j)    Pluto [Brumby];

(k)    Mollie and her spouse, Bert Gordon; or

(l)    Mick Richards.

SCHEDULE 2 – Other Interests in the Determination Area

The nature and extent of the other interests in relation to the Determination Area are the following as they exist as at the date of the determination:

1.    The rights and interests of the holders of rolling term lease for pastoral purposes PH 0/201754 comprising Lot 170 on Plan CP887723 (also known as Glen Russell) issued pursuant to the Land Act 1962 (Qld) and administered under the Land Act 1994 (Qld).

2.    The rights and interests of Mareeba Shire Council (“Council”):

(a)    under its local government jurisdiction and functions under Local Government Acts, and under any other legislation, for that part of the Determination Area within the area declared to be its Local Government Area;

(b)    as the owner and operator of infrastructure, structures, earthworks, access works and any other facilities and other improvements in the Determination Area constructed or established by the Council on or before the date on which these orders are made, including but not limited to any undedicated but constructed roads except for those not operated by Council;

(c)    to enter the land for the purposes described in paragraphs (a) and (b) above by its employees, agents or contractors to:

(i)    exercise any of the rights and interests referred to in this paragraph and paragraph 3 below;

(ii)    use, operate, inspect, maintain, replace, restore and repair the infrastructure, facilities and other improvements referred to in paragraph (b) above; and

(iii)    undertake operational activities in its capacity as a Local Government such as feral animal control, erosion control, waste management and fire management.

3.    The rights and interests of the State of Queensland and Mareeba Shire Council to access, use, operate, maintain and control the dedicated roads and those roads described in paragraph 2(b) in the Determination Area and the rights and interests of the public to use and access those roads.

4.    The rights and interests of the State of Queensland or any other person existing by reason of the force and operation of the laws of the State of Queensland, including those existing by reason of the following legislation or any regulation, statutory instrument, declaration, plan, authority, permit, lease or licence made, granted, issued or entered into under that legislation:

(a)    the Fisheries Act 1994 (Qld);

(b)    the Land Act 1994 (Qld);

(c)    the Forestry Act 1959 (Qld);

(d)    the Water Act 2000 (Qld);

(e)    the Petroleum Act 1923 (Qld) or Petroleum and Gas (Production and Safety) Act 2004 (Qld);

(f)    the Mineral Resources Act 1989 (Qld);

(g)    the Planning Act 2016 (Qld);

(h)    the Transport Infrastructure Act 1994 (Qld); and

(i)    the Fire and Emergency Services Act 1990 (Qld) or Ambulance Service Act 1991 (Qld).

5.    So far as confirmed pursuant to s 212(2) of the Native Title Act 1993 (Cth) and s 18 of the Native Title (Queensland) Act 1993 (Qld) as at the date of this determination, any existing rights of the public to access and enjoy the following places in the Determination Area:

(a)    waterways;

(b)    beds and banks or foreshores of waterways;

(c)    stock routes; or

(d)    areas that were public places at the end of 31 December 1993.

6.    Any other rights and interests:

(a)    held by the State of Queensland or Commonwealth of Australia; or

(b)    existing by reason of the force and operation of the Laws of the State and the Commonwealth.

SCHEDULE 3 – External Boundary

The external boundary of the Determination Area comprises all the land and waters:

Commencing at a corner on the western boundary of Lot 56 on Plan NPW767 (Hann Tableland National Park), also being a corner point of Lot 170 on Plan CP887723, at approx. Longitude 145.153661° East, Latitude 16.839181° South and extending generally south easterly and south westerly passing through the following coordinate points:

| Longitude (East) | Latitude (South) |
| 145.163046 | 16.856582 |
| 145.195002 | 16.950969 |
| 145.165436 | 16.969796 |
Then south westerly to a point on the ridge line of McLeod Hills, (north west of Mount McLeod) at Longitude 145.157230° East, approx. Latitude 16.979884° South; then generally south easterly along that ridgeline to the intersection with the southern boundary of Lot 170 on Plan CP887723 at approx. Longitude 145.187065° East; then generally westerly, northerly, north westerly, north easterly and south easterly along the external boundary of that Lot 170 on Plan CP887723, passing through numerous road corridors until the commencement point.

Note

Data Reference and source

• Cadastre data sourced from Department of Resources (QLD) published 13 January 2025.

• Landform Lines data sourced from Department of Resources (QLD) published 17 October 2024.

Reference datum

Geographical coordinates have been provided by the North Queensland Land Council and are referenced to the Geocentric Datum of Australia 2020 (GDA2020), in decimal degrees and are based on the spatial reference data acquired from the various custodians at the time.

Use of Coordinates

Where coordinates are used within the description to represent cadastral or topographical boundaries or the intersection with such, they are intended as a guide only. As an outcome of the custodians of cadastral and topographic data continuously recalculating the geographic position of their data based on improved survey and data maintenance procedures, it is not possible to accurately define such a position other than by detailed ground survey.

Prepared by North Queensland Land Council (20 January 2025)

SCHEDULE 4 – Description of Determination Area

The determination area comprises all of the land and waters described as part of Lot 170 on Plan CP887723 and depicted in light blue on the map in Schedule 6, to the extent the area is within the External Boundary and not otherwise excluded by the terms of Schedule 5.

SCHEDULE 5 – Areas Not Forming Part of the Determination Area

The following areas of land and waters are excluded from the determination area as described in Schedule 4:

1.    Those land and waters within the External Boundary which at the time the native title determination application was made were, or had been, the subject of one or more Previous Exclusive Possession Acts, within the meaning of s 23B of the Native Title Act 1993 (Cth) as they could not be claimed in accordance with s 61A of the Native Title Act 1993 (Cth).

2.    Specifically, and to avoid any doubt, the land and waters described in (1) above includes the land and waters on which any public work, as defined in s 253 of the Native Title Act 1993 (Cth), is or was constructed, established or situated, and to which ss 23B(7) and 23C(2) of the Native Title Act 1993 (Cth) and to which s 21 of the Native Title (Queensland) Act 1993 (Qld), applies, together with any adjacent land or waters in accordance with s 251D of the Native Title Act 1993 (Cth).

SCHEDULE 6 – Map of Determination Area

Note:    Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

REASONS FOR JUDGMENT

LONGBOTTOM J:

OVERVIEW

1 These reasons explain why, with the consent of the parties, I have made orders in this proceeding pursuant to s 87 of the Native Title Act 1993 (Cth), determining that the Djungan People hold native title in the land and waters comprising part of Lot 170 on Plan CP887723, north-west of Mareeba in Far North Queensland.

2 This is the fifth native title determination for the Djungan People.  In 2012, four determinations of native title were made in favour of the Djungan People over a combined area of 1,839.12 square kilometres immediately to the west and north of the area determined in this proceeding (determination area): Archer on behalf of the Djungan People #1 v State of Queensland [2012] FCA 801 (Djungan People #1, #2, #3 and #4).

3 It is no less significant for being the fifth determination.  The preamble to the Act recognised the people, whose descendants include the Djungan People, were the inhabitants of Australia before European settlement and that those people have been progressively dispossessed of their lands. Against that historical legacy, and following the decision of the High Court in Mabo v Queensland (No 2) [1992] HCA 23; (1992) 175 CLR 1, the Act established a special procedure for the just and proper ascertainment of native title rights and interests which, consistent with the objects stated in the preamble, is directed to ensuring that, if possible, this is done by conciliation.

4 This determination is the culmination of that special procedure insofar as it concerns the Djungan People and the area of land and waters they claim. Importantly, it has been achieved by conciliation, resulting in the parties agreeing to the terms of the Orders to be made by consent, under s 87 of the Act.  The Orders made declare that the Djungan People were, and are, the traditional owners of the determination area.  As Mansfield J outlined in King v Northern Territory of Australia [2011] FCA 582, it is to be emphasised that the Court does not grant the Djungan People that status:  at [6].  By these orders, the Australian community collectively recognises that status, by declaring that the Djungan People are, and at least since European settlement, have been the traditional owners of the land and waters of the determination area: King at [6].

MATERIAL

5 The following material has been filed in support of the determination sought:

(a)    an agreement under s 87 of the Act signed by the parties to the proceeding and including proposed orders and a proposed determination of native title by consent (proposed determination);

(b)    an affidavit of Lucy Ray Toepfer, solicitor on the record for the Applicant, filed 28 July 2025; and

(c)    a submission in support of the proposed determination filed by the Applicant on 28 July 2025.

SECTION 87 OF THE ACT

6 Section 87 of the Act applies to an agreement reached at any stage of a proceeding after the end of the period specified in the notice given under s 66 of the Act containing details of the claimant application:  Act, s 87(1).

7 Section 87 of the Act requires:

(a)    there is an agreement between the parties on the terms of an order of the Court in relation to the proceeding (s 87(1)(a) and s 87(1)(aa));

(b)    the terms of the agreement are in writing and are signed by or on behalf of the parties to the proceeding and are filed with the Court (s 87(1)(b));

(c)    the Court is satisfied that an order in, or consistent with, those terms would be within its power (s 87(1)(c)); and

(d)    the Court considers that it would be appropriate to make the order sought (s 87(1A) and s 87(2)).

THE COURT HAS POWER TO MAKE THE DETERMINATION

8 The Court has jurisdiction to hear and determine the claimant application under s 81 of the Act.  The statutory preconditions for making a determination of native title are also met, given that:

(a)    the notification period for the claimant application ended on 26 June 2019 (s 87(1));

(b)    the parties have reached agreement on the terms of an order of the Court in relation to the proceeding (s 87(1)(a) and s 87(1)(aa));

(c)    the proposed determination is signed by the parties and has been filed in the Court (s 87(1)(b)); and

(d)    an order in, or consistent with, the proposed determination sought by the parties is within the power of the Court because (s 87(1)(c)):

(i)    the proposed determination sets out details of the matters mentioned in s 225 of the Act (s 94A);

(ii)    the native title rights and interests in the proposed determination are recognised by the common law of Australia (s 223(1)(c)); and

(iii)    there is no approved determination of native title in relation to the determination area (s 13(1)(a)).

IT IS APPROPRIATE TO MAKE THE DETERMINATION

9 I am satisfied that it is appropriate to make the Orders sought by the proposed determination: Act, s 87(1A).

10 The focus of the Court in deciding whether it would be appropriate to make Orders under s 87 of the Act is on the making of the agreement including, critically, whether the agreement was freely entered into by the parties and on an informed basis: Lovett on behalf of the Gunditjmara People v State of Victoria [2007] FCA 474 at 37 and Nelson v Northern Territory of Australia [2010] FCA 1343; (2010) 190 FCR 344 at 10.  This reflects the function s 87 serves within the scheme of the Act, which is “designed to encourage parties to take responsibility for resolving proceedings without the need for litigation”: Lovett at [36].

11 In satisfying itself that the agreement has been entered into on an informed basis, the Court will look to the role taken by the State Minister in the proceeding.  The State Minister appears in native title determination applications in the capacity of parens patriae to look after the interests of the community as a whole: Munn for and on behalf of the Gunggari People v State of Queensland [2001] FCA 1229; (2001) 115 FCR 109 at 29. In discharging that role, the State Minister needs to strike a balance between satisfying themself that the claimant application has a credible basis and recognising that the intent of the Act is that parties take a flexible approach to negotiation and agreement: Nelson at [12]-[13], citing Lovett at [37]. Cognisant of that balance, the Court will be minded to ensure that the State Minister has taken a real interest in the proceeding and given appropriate consideration to the evidence relied upon by the Applicant through competent legal representation to reach the orders proposed: Munn at [29]; Nelson at [10]-[11].

12 As appears from the affidavit of Ms Toepfer, the First Respondent (State) has taken a real interest in the proceeding.  The Djungan People #5 claimant application was filed in response to a non-claimant application filed by the Third and Fourth Respondents (Mr and Mrs Lowe).  The Applicant provided the State with evidence in support of the claimant application on a without prejudice basis, including an expert report and executive summary of connection materials of anthropologist Dr Sandra Pannell (dated October 2010 and February 2012 respectively), an affidavit of claimant Jim Archer and video recordings of interviews with claim group members, including Mr Archer, Mr Kenny Wason and Mr Alwyn Lyall taken between April and August 2022.

13 That evidence has been assessed by counsel and anthropologists engaged by the State in accordance with the State’s Guidelines for preparing and assessing connection material for Native Title Claims in Queensland.  On 15 April 2024, the State advised the Applicant that based on that assessment it was prepared negotiate towards a consent determination.  Those negotiations culminated in an agreement under s 87 of the Act, executed by the State on 30 June 2025.

14 An additional consideration in this matter is the earlier native title determinations made in favour of the Djungan People: Djungan People #1, #2, #3 and #4.  Those determinations operate in rem and the Court is bound in this proceeding by the determinations and the facts necessary to support them, which are those facts made necessary by s 223 of the Act: Starkey on behalf of Kokatha People v State of South Australia [2018] FCAFC 36; (2018) 261 FCR 183 at 291; see also, at [201]-204.

15 Those facts relevantly include that successive generations of Djungan People since sovereignty have continued to acknowledge traditional laws and observe traditional customs:  Act, s 223. For the purposes of the Act, it is the continued acknowledgement and observance of traditional laws and customs that enables it to be said that the relevant society has continued: Wyman on behalf of the Bidjara People v State of Queensland (No 2) [2013] FCA 1229 at 469.

16 The continued acknowledgement and observance by Djungan People of their laws and customs is illuminated by the observations made by the Court in Djungan People #1, #2, #3 and #4 that (at [22] and [23]):

From the filed material mentioned previously it appears that the Aboriginal persons who spoke the Djungan dialect of the Kuku Yalanji language used and occupied Djungan country, in the wider Mount Mulligan area, prior to 1788 (the date of the assertion of British sovereignty). Archaeological records furnished in support of occupation attests to Aboriginal people occupying the Mount Mulligan area and the surrounding region from 40 000 years ago.

It is also clear that the use of the Djungan dialect and the transfer of Djungan cultural knowledge have continued throughout the 20th Century. The Court is asked to infer that the Djungan people today are descended from the community of people who spoke the Djungan dialect and used and occupied Djungan country prior to 1788.  This is supported by historical material which locates the community of the Djungan people, including the apical ancestors, in the early days of European contact, in this case from the 1870s, and establishes the basis for the finding that they are descended from a pre-sovereignty community of Djungan ancestors.

17 I am satisfied that the steps taken by the State as described in the affidavit of Ms Toepfer, together with the fact that all parties have had the advantage of competent legal representation in the proceeding, indicates that their agreement is free and informed.  I am also cognisant of the determination in Djungan People #1, #2, #3 and #4 that the normative system of the Djungan People has had a continuous existence since sovereignty:  cf, Act, 223(1)(a).  In view of those matters, I consider it appropriate to make the Orders sought by the proposed determination.

PRESCRIBED BODY CORPORATE

18 The Applicant has nominated the Nguddaboolgan Native Title Aboriginal Corporation RNTBC (ICN: 7727) (NNTAC) to be the prescribed body corporate under s 57 of the Act for the determination area to represent the native title holders as agent.  The circumstances regarding the nomination of the NNTAC, including its written consent, are set out in the affidavit of Ms Toepfer:  Act, s 57(2). Having regard to that evidence, I am satisfied that the nomination of the NNTAC as the prescribed body corporate to perform the functions specified in s 57(3) of the Act is appropriate.

CONCLUSION

19 For all of the above reasons, there will be a determination of native title in the terms of the proposed determination.  The parties are to be congratulated on this outcome and the process of conciliation by which it was achieved.  Such processes involve cooperation by all of the parties in the administration of justice, careful attention by them and their advisers to the requirements of the Act relevant to the gathering of evidence to establish the existence of native title as defined by s 223(1) of the Act.

| I certify that the preceding nineteen (19) numbered paragraphs are a true copy of the Reasons for Judgment of the Honourable Justice Longbottom. |
Associate:

Dated:  28 April 2026