Indigenous rights and interests in statutory and strategic land use planning: Some recent developments

Abstract

Land administration and land use planning in Australia are public functions. Each State and Territory has its own unique laws for administering land tenures and regulating the use and enjoyment of land for present and future generations. The extent to which planning systems around Australia take account of Aboriginal and Torres Strait Islander peoples' rights and interests is woefully inadequate.

Aboriginal and Torres Strait Islander peoples are continuing to assert their ongoing presence, connection to and responsibilities for their traditional country. It is inherent in their culture and an integral part of who they are and their wellbeing for present and future generations. The problem is, these realities have barely penetrated the conventional planning systems in Australia.

However, two significant developments occurred in 2016 that are likely to have longer term implications for integrating Aboriginal and Torres Strait Islander peoples' rights and interests in conventional land use planning. Firstly, the Queensland Parliament passed a new planning statute which includes Aboriginal and Torres Strait Islander knowledge, culture and tradition as being an integral part of advancing the purpose of the Act. Secondly, the Planning Institute of Australia (PIA) amended its education accreditation policy to include Aboriginal and Torres Strait Islander peoples' knowledges as an integral Supporting Knowledge Area for the recognition of Australian planning qualifications. This paper explores what these developments mean for land use planning and for Aboriginal and Torres Strait Islander peoples' rights and interests.