Aboriginal Lands Trust - Policies

LAND USE AND DEVELOPMENT POLICY & KEY STEPS

If your proposed development is located on Aboriginal Lands Trust (ALT) Estate, you need to:

1. Comply with the ALT Land Use and Development Policy.
2. Obtain approval from DIA/ALT before you can proceed (see exception below).
   You can do this simply by following the Key Steps for Development Approval below.

This brochure assists to outline the process.

Definition

Land use and development includes but is not limited to:

• Infrastructure, such as construction, relocation, major alteration or installation of any building or essential service, e.g. house, clinic, school, police station, power station, telecommunications and sewerage ponds.
• Commercial land uses such as timber plantations, flora and fauna harvesting (including sandalwood and gubinge, wildflowers), aquaculture and tourism.

Key Steps For Development Approval

1. Determine if the development is on ALT Estate - check with the Department of Indigenous Affairs (DIA) Land Branch, ph: 9235 8000 and/or Landgate, ph: 9273 7373.
2. Develop a site plan and land use proposal. Refer to Requirements for Site Plan and Land Use Proposal. Proposals must be consistent with the latest Community Layout Plan if available, contact the Department for Planning and Infrastructure, ph: 9264 7685.
3. Discuss the proposal with the relevant Indigenous stakeholders (Indigenous people with an interest in the land - leaseholders, native title holders / claimants, resident communities). DIA regional officers can assist with community contact details. For native title holder/claimant details, contact the Office of Native Title as a first step, ph: 9222 9613.
4. Ensure Aboriginal Heritage Sites will not be impacted. Check the Aboriginal Sites Register or contact a DIA heritage information officer, ph: 9235 8000. NB: the register is not a complete record of Aboriginal heritage sites in WA. Site information should also be checked with the Aboriginal community and other relevant groups. See also DIA's Heritage Procedures Manual and Advice to Developers.
5. Contact all relevant statutory authorities to determine their requirements in regard to regulations and guidelines (see Policy statement 12). Obtain any forms requiring landowner signature.
6. Obtain written agreement from the Community Council, leaseholder, or other authoritative body in the absence of a council. Agreement must refer to the specific location of the development (include map of the agreed site), and confirm heritage sites will not be impacted. For major works and commercial activities, the written agreement of the native title holders/claimants and/or their representative body may also be required.
7. If you need to apply for a lease, refer to the ALT Leasing Policy and Key Steps for Lease Approval, ph: DIA 9235 8000.
8. Send the following information to DIA for assessment:
   • A site plan and land use proposal (step 2).
   • Written agreement from interested parties (steps 3 & 6).
   • Details of Aboriginal Heritage Site investigations (step 4).
   • Local government or other approval forms requiring landowner signature (step 5).
   • Details of consultation with all relevant statutory bodies (step 5).

Allow 21 days for processing, but applications may take up to 90 days if complex or incomplete.

Applications will be assessed in accordance with the ALT's Land Use and Development Policy.

Some may need to be submitted to an ALT meeting or referred to other agencies/authorities.

If approved, written confirmation will be sent to the applicant, with copies to the Indigenous stakeholders, relevant statutory authorities and the DIA Regional office. Conditions will apply.

To send applications, please contact

Manager, Land Operations, Land Branch
Department of Indigenous Affairs
PO Box 7770 Cloisters Square
PERTH WA 6850

Telephone (08) 9235 8000

EXCEPTION: Department of Housing

The Department of Housing does not need ALT/DIA approval provided its developments comply with ALT's Land Use and Development Policy. However, some development proposals need to be sent to DIA if local government approval forms require landowner signature.

REQUIREMENTS FOR SITE PLAN AND LAND USE PROPOSAL

SITE PLAN

Use the Community Layout Plan (CLP) or 'as constructed' plan for established living areas if available. Most of the site plan requirements (below) will be shown on a CLP. Proposals must be consistent with the latest CLP.

• CLPs are available from the Department for Planning and Infrastructure, ph: 9264 7685.
  
• If there is no CLP, contact Sinclair Knight Merz for the 'as constructed' plan, ph: 9268 4542.
  

REQUIREMENTS

The site plan of the proposed land use or development needs to show its location relative to:

• Major towns, other settlements, major roads, airstrips. Include North point, photos and MGA coordinates or Lat/Long where possible.
  
• Drinking water supplies/sources, bores, wastewater treatment ponds, fuel stations, power stations /generators, septics, rubbish tips, water chlorinators, industrial areas, no-go areas or heritage sites, flood prone areas.
  
• Other infrastructure e.g. houses, shops, sheds, swimming pools, clinics, schools, drains.
  
• Natural features e.g. waterways, wetlands, coastline, dunes, outcrops, remnant vegetation.
  
• Access routes for cars, trucks, other vehicles/transport.
  

LAND USE PROPOSAL

Depending on the nature of the land use or development, you will need to tell us (where applicable):

WHERE

• The ALT reserve number and/or community name.
  

WHAT

• The purpose and description of the land use or development; species to be planted or harvested; type of infrastructure to be built; project timeline. Include any construction drawings and estimated project value.
  
• Details of improvements: conservation and protection of native flora and fauna, revegetation for shade, dust minimisation and aesthetics, storm water reuse for irrigation, 'climate sensible' housing.
  

HOW

• How will essential services (power, water, sewerage) be provided? Is there adequate water supply? Proponents are responsible for additional head works needed to connect services to developments.
  
• Will Indigenous stakeholders benefit from the proposal? Will there be employment or other income opportunities? Skills development, improved governance or other social benefits? Provide evidence stakeholders are satisfied with any negotiated benefits package.
  
• Will any native vegetation be cleared? Cleared areas should be used before further clearing occurs.
  

WHO

• Who is responsible for its implementation and maintenance?
  
• Have Indigenous stakeholders (people with an interest in the land - leaseholders, native title holders / claimants, resident communities) been involved with the development of the proposal? Will they be involved with its implementation? Do they support it?
  
• Details of consultation with relevant statutory authorities. Do you need landowner signature on planning and building approvals, licences for flora and fauna, water allocation, aquaculture etc.
  

RISKS

• Is the site subject to flooding or other natural hazards? Details of emergency mitigation strategies?
  
• Are there environmental health risks: vehicles, noise or odour, impacts on drinking water source areas, exposure to chemicals, dangerous goods etc. How will they be managed?
• Will there be environmental impact: contamination of surface or ground water, loss of native flora and fauna, salinity, erosion, spread of feral animals, weeds or dieback etc.