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The Effect of Land Use Planning Decisions on the Landholdings And ;OL,ɈLJ[VM3HUK<ZL 7SHUUPUN+LJPZPVUZVU[OL 3HUKOVSKPUNZHUK=PHIPSP[` VM5:>3VJHS(IVYPNPUHS 3HUK*V\UJPSZ November 2018 Practitioner in Residence program Final Report 2018 ISBN: 978-0-6484296-4-7 Welcome to Country I would like to acknowledge the traditional custodians of our land, Australia and to recognise the contribution of elders past and present. ACKNOWLEDGEMENTS This material was produced with funding from Henry Halloran Trust at the University of Sydney. The University gratefully acknowledges the important role of the Trust in promoting scholarship, innovation, and research in town planning, urban development, and land management. I would also like to acknowledge and thank Professor Peter Phibbs, Dr Somwrita Sarkar, and Dr Michael Bounds for their support and advice regarding this research project. Thanks also to Tanya Koeneman, Leslie Johnston and Jessica Herder from the Department of Planning and Environment’s Aboriginal Community Lands and Infrastructure Program for their insights and inspiration. DISCLAIMER The Henry Halloran Trust is an independent body, which has supported this project as part of its programme of research. The opinions in this publication reflect the views of the authors and do not necessarily reflect those of the Henry Halloran Trust, its Advisory Board, or the University of Sydney. CONTENTS 1.1 ACKNOWLEDGEMENTS...................................................................................... iii DISCLAIMER................................................................................................................. III CONTENTS .....................................................................................................................1 ACRONYMS ....................................................................................................................4 2 EXECUTIVE SUMMARY ...........................................................................................5 3 PROJECT BACKGROUND AND OUTCOMES .......................................................8 3.1 Introduction .............................................................................................................8 Project Approach and Methodology .........................................................................8 Project Aims ..............................................................................................................9 Key Research Questions ....................................................................................... 10 4 LITERATURE REVIEW - NSW LOCAL ABORIGINAL LAND COUNCIL AND LAND USE PLANNING ...................................................................................... 11 Indigenous Rights and Land Use .......................................................................... 11 Indigenous Rights, Environmental, Heritage, and Cultural Management ............ 12 Indigenous Land Rights, Sustainable Development, and Economic Security ..... 13 Aboriginal Land and The Planning System In NSW ............................................. 13 A Decade of NSW Government Reports Aimed at Supporting Aboriginal Self Determination ............................................................................................. 14 4.1 Literature Review Summary ................................................................................ 16 5 OVERVIEW OF THE NSW ABORIGINAL LAND RIGHTS FRAMEWORK ......... 18 5.1 Local Aboriginal Land Councils ........................................................................... 19 Functions and Objectives of LALC ........................................................................ 20 Economic Base of LALC........................................................................................ 20 6 SECTION 4 HOW THE NSW PLANNING SYSTEM INTERSECTS WITH THE ROLE AND FUNCTION OF ABORIGINAL LAND ............................................ 21 6.1 The NSW Planning System ................................................................................. 21 Regional and District Plans ................................................................................... 21 A New Regional Planning Framework for NSW ................................................... 22 The Greater Sydney Regional Plan and District Plans ......................................... 23 State Environmental Planning Policies ................................................................. 23 Local Environmental Plans .................................................................................... 23 Introduction of the Standard Instrument LEP (2006) ............................................ 24 7 BACKGROUND SCOPING PROJECT THAT INFORMED THIS RESEARCH PROJECT ............................................................................................................ 25 7.1 LALC and the Sandstone Curtain Divide ............................................................ 26 8 LOCAL ABORIGINAL LAND COUNCIL CASE STUDIES SCOPE AND PURPOSE ........................................................................................................... 27 Method ................................................................................................................... 27 8.1 Darkinjung LALC Case Study – Main Issues ...................................................... 28 Darkinjung LALC Background Information ............................................................ 29 Darkinjung’s Experience in the Land Development Space ................................... 29 1 8.2 Land Use Planning Context- Darkinjung Guruwarang Waters Halekulani Project ............................................................................................................................. 30 Land Use Survey on Existing Manufacture Homes Developments Adjacent or Near Darkinjung’s DA ................................................................................ 31 2013 Wyong Council - A New Local Environmental Plan ..................................... 34 Consultation Requirements Under the EP&AAct (1979) ...................................... 36 2016 Ministerial Direction allied to ‘Caravan Parks and Manufactured Home Estates’ ...................................................................................................... 36 Darkinjung’s Appeal to the NSW Land & Environment Court Against Wyong Council ....................................................................................................... 36 Environmental Offset Requirement ....................................................................... 37 8.3 Proposed Changes in the Planning Landscape .................................................. 38 8.4 Summary and Lessons Learnt ............................................................................ 39 8.5 Deerubbin LALC Case Study - the Main Issues ................................................. 41 8.6 Deerubbin Background Information .................................................................... 41 8.7 Deerubbin LALC Current Strategic Direction- Focused on Land Use Planning. 43 8.8 Planning Context Deerubbin LALC & Parramatta Jail ........................................ 43 The Formation of the Parramatta North Redevelopment Area ............................. 44 A Policy Shift Mid 2015 – What’s In & Out of The PNUT Area ............................. 48 Consultation and the PNUT Area .......................................................................... 50 Deerubbin’s Response To Being Removed from the Parramatta North Urban Transformation Area .................................................................................. 51 8.9 Deerubbin Summary and Lessons Learnt .......................................................... 51 8.10 Brewarrina LALC Case Study Overview of the Main Issues .............................. 52 8.11 Brewarrina Background Information ................................................................... 52 8.12 Planning Context - Brewarrina LALC .................................................................. 53 Sites of Cultural Significance ................................................................................. 54 Brewarrina Mission Site ......................................................................................... 54 The Problem of Asbestos Contamination for LALC .............................................. 54 Brewarrina Mission and the Cemetery .................................................................. 55 The Brewarrina Mission and Rural Agricultural Initiative ...................................... 55 Housing Shortages ................................................................................................ 55 Brewarrina LALC and Housing Support ................................................................ 56 Future Housing Initiative ........................................................................................ 56 Brewarrina LALC Office ......................................................................................... 56 Brewarrina Shire & The Proposed Nuclear Waste Processing Facility ................ 56 Protection of Aboriginal Heritage Items- Brewarrina Stone Fish Traps ................ 57 Brewarrina Shire New LEP .................................................................................... 59 Consideration of Future Land Use Initiatives ........................................................ 60 8.13 Brewarrina Summary and Lessons Learnt ......................................................... 61 8.14 La Perouse LALC Case Study - 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