Enabling development outcomes on Aboriginal land

The NSW Government is encouraging the development of Aboriginal-owned land by establishing a clear, simplified pathway for proposals to use the state-led rezoning process.

The pathway will be open to Local Aboriginal Land Councils (LALC) and Prescribed Body Corporates (PBC). It will help build more homes and deliver economic, social, environmental and cultural benefits to Aboriginal communities.

To assist proponents, the Department has released the Enabling Development Outcomes on Aboriginal Land Guideline (PDF, 519 KB) which includes information on the new rezoning pathway process and eligibility requirements.

Read the guideline

The Guideline includes specific eligibility criteria for proposals to be considered under this pathway.

To be eligible for pathway, projects must meet the following eligibility criteria:

• Proponent must be a representative of a LALC or a PBC.
• Proposal must demonstrate the support of the board/leadership of the relevant LALC/PBC or consistency with a community, land and business plan.
• Proposal must be suited to a state-led rezoning pathway.

This pathway is for Aboriginal-owned land, meaning sites that are owned or managed by Local Aboriginal Land Councils under the Aboriginal Land Rights Act 1983 or Registered Native Title Body Corporates, commonly known as Prescribed Body Corporates, under the Commonwealth Native Title Act 1993.

Meeting the site eligibility criteria does not guarantee placement in the pathway. All eligible sites will be evaluated against the criteria set below prior to selection into the pathway.

Eligible proposals will be evaluated by the Department’s State Significant Rezoning Evaluation Panel prior to acceptance into the pathway.

The specific evaluation criteria are outlined within the guideline and include:

• alignment with Government state land use priorities and relevant planning policies and legislation
• the potential benefits for the Aboriginal community as well as any broader public benefits
• if any infrastructure and delivery impediments are manageable and can be resolved
• any environmental constraints such as flooding, bushfire, ecology and contamination are manageable and can be resolved.

The NSW Government is committed to working in partnership with Aboriginal communities toward Closing the Gap, and land activation projects are an important part of this.

The Department has staff and resources available to assist LALCs, PBCs and Aboriginal landowners and address any questions they may have on the guideline. Representatives from these organisations are encouraged to email the Aboriginal Planning Concierge at [email protected]