New South Wales in the near future could potentially require consideration for ‘development delivery plans’ (‘DPP’) for development applications under land owned by Local Aboriginal Land Councils (‘LALCs’). The State Environmental Planning Policy (Aboriginal Land) 2019 (“SEPP”) brought into force on 6 February 2019 currently applies to certain mapped lands owned by the Darkinjung Local Aboriginal Land Council. However, the plan anticipates a review 12 months post commencement to consider extensions to include Darkinjung land; and potential extension to include further LALCs across NSW.
The DPP promotes strategic and independent planning decisions for LALC whilst considering regional strategic plans for the area adopted under the Aboriginal Land Rights Act 1983 and other matters considered relevant by the LALC and Minister. Part 2 under the SEPP provide the following requirements for DPPs:
DPP must set out the following [9(1) of the SEPP]:
- Set out the general objectives and nature of for the land
- Set out a basis for which the development is proposed
- Provide strategies, actions and a program for achieving the objectives for the land
- Contain other matters that the Minister thinks appropriate
DPP may also set out the following [9(2) of the SEPP]:
- The bulk, scale and size of the development proposed
- Measures to support Aboriginal cultural heritage that may be affected
- Measures to support strategic biodiversity conversation relating to the land
- Proposals for provisions for public utility infrastructure and roads
The SEPP makes it necessary for authorities determining development applications to consider requirements that may be considered within a DPP [9(3) of the SEPP]. LALCs are encouraged to work with councils to progress planning proposals before proceeding to the review process.
Conclusion
The SEPP allows LALCs to seek a review through a DPP before submitting a planning proposal to the Department of Planning an Environment for a Gateway determination. This initiative attempts to achieve a better economic outcome for LALCs by providing self-determination for their lands.
