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Potential Changes to NSW Aboriginal Planning Rules through the Aboriginal Land SEPP

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
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