Planning
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Local government authorities (local councils) regularly make local land use decisions that affect Aboriginal people. Such decisions are based on local, regional and state planning instruments, as well as provisions in the Environmental Planning and Assessment Act 1979.
Local planning instruments instruct Councils about the types of developments and land uses that are suitable for particular areas or zonings.
It is imperative that Aboriginal people are involved early in the making of local and regional plans. In the context of land use planning, Aboriginal culture and heritage includes historical or archaeological heritage, as well as contemporary, social and economic connection to places and natural resources.
The Department of Aboriginal Affairs has worked with Planning NSW and the National Parks and Wildlife Service on the reform of the NSW plan making system, called PlanFirst. The Executive Summary of a submission made by the Department of Aboriginal Affairs is extracted below:
"There needs to be a multi-disciplinary approach to assessing Aboriginal heritage values and a greater role for Aboriginal people in identifying and articulating potential cultural impacts and management options" (English A, 'An emu in the hole: exploring the link between biodiversity and Aboriginal cultural heritage in New South Wales, Australia', IUCN Parks Journal 10 (2) (2000) at 21).The involvement of Aboriginal communities in the making of Local Plans must be early, comprehensive and representative. Aboriginal heritage may include a broad range of environmental, natural resource, social and archaeological qualities associated with a place or area. The exclusion of cultural impacts under social and environmental impact assessments under the Environmental Planning and Assessment Act 1979 means that cultural impacts are not considered in planning and during their preparation of impact assessment reports. Local plans and regional strategies will consider Aboriginal heritage as identified by the local Aboriginal community. That information will be collected, stored and used according to wishes of the local Aboriginal community, through development of consultation protocols.
Aboriginal consultation must consider the diversity of Aboriginal community interests and not be limited to commenting on pre-existing proposals. Aboriginal communities must be empowered to participate in planning and be involved in negotiating the content and outcomes of local plans and regional strategies. Regional and local consultative bodies provide an effective forum for promotion and development of Aboriginal Affairs policies for local plans and regional strategies.
