20 December, 2022
20 December 2022
In 2019 the State Environmental Planning Policy (Aboriginal Land) 2019 (Aboriginal Land SEPP) came into effect.
The 2019 Aboriginal Land SEPP:
The Aboriginal Land SEPP is a statutory instrument that was originally introduced on a pilot basis for certain lands owned by Darkinjung LALC, and has since been applied to some lands owned by Metropolitan LALC.
As a result of NSWALC and the Network’s advocacy, changes have now been made to allow all LALCs and NSWALC to seek to access the alternative planning pathway outlined in the SEPP.
This means that LALCs can seek to utilise the planning pathway in the SEPP should they wish to do so, and if certain criteria are met. The pathway provides for:
The intent of the changes is to provide additional planning pathway options for Aboriginal Land Councils in recognition that planning systems need to be improved to better facilitate and support Aboriginal Land Councils to achieve social, cultural and economic aspirations.
NSWALC looks forward to working with the NSW Government and LALCs on further planning reforms to better facilitate social, cultural and economic land outcomes, in line with recommendations from various reviews, including the 2021 Statutory review of the Aboriginal Land Rights Act 1983 (NSW).
Chapter 3 of the State Environmental Planning Policy (Planning Systems) 2021 provides for Aboriginal Land, available at: https://legislation.nsw.gov.au/view/html/inforce/current/epi-2021-0724#ch.3
NSWALC Strategy & Policy Unit email@example.com or 02 9689 4444
NSW Department of Planning and Environment firstname.lastname@example.org or https://www.planning.nsw.gov.au/Policy-and-Legislation/Aboriginal-land-use-planning/Aboriginal-Land-Planning-Framework
 The Aboriginal Land SEPP has now been embedded in Chapter 3 of the State Environmental Planning Policy (Planning Systems) 2021