You will see from the above that, back in April 2011, the Aboriginal owners of Yarrabah's most developed areas (ie the Gunggandji people) formally agreed as part of an Indigenous Land Use Agreement that:
- the more developed RED areas (above) are to remain Yarrabah Deed of Grant in Trust (held on behalf of all the residents of Yarrabah by their elected representatives); and
- the less developed BLUE areas (above) will become private Aboriginal freehold lands held by the Gunggandji peoples own institution (still to be nominated by the State)
As the 'Strategic Intent - Yarrabah Paradise by the Sea' section of the draft Yarrabah planning scheme explains:
"Land use planning was considered in the formulation of the Local Government ILUA with different processes applying to activities ‘inside the developed’ area’ and activities ‘outside the developed area’. The Local Government ILUA also includes draft planning scheme mapping in the schedules that attach to the ILUA, that will be inconsistent with this planning scheme"
You will also see the words "subject to survey" included on the top right corner of the above crudely scaled mapping, the exact boundaries defining which lands are to remain more publicly owned Deed of Grant in Trust, and which lands are to become more privately owned Aboriginal freehold still had yet to be determined and could not be ultimately determined until such time as formal, detailed, on-ground surveys have been undertaken (and the actual boundaries pegged).
It has recently come to the attention of some aspiring, locally indigenous proponents that development consent requirements and even development application and assessment costs will greatly differ depending upon whether proposals are for the more public Deed of Grant in Trust lands, or for the more private Aboriginal freehold lands. One prospective proponent (at least) even found their area of interest potentially straddling both Deed of Grant in Trust and Aboriginal freehold lands (still to be confirmed as surveys are not complete).
Under the circumstances it is most unfortunate the draft planning scheme has some pretty detailed mapping (see overlays) and development assessment information and criteria for things like biodiversity, acid sulphate soils, bush fire hazards, flooding, and even includes Cairns airport aviation overlays, but there is absolutely no mapping (overlays) nor associated strategies, guidelines and codes showing where the Deed of Grant in trust ends, where private Aboriginal freehold will begin etc.
See below for a snapshot of the draft planning schemes biodiversity overlay mapping (for which there are development assessment code, rules and regulations etc) below
- the more developed RED areas (above) are to remain Yarrabah Deed of Grant in Trust (held on behalf of all the residents of Yarrabah by their elected representatives); and
- the less developed BLUE areas (above) will become private Aboriginal freehold lands held by the Gunggandji peoples own institution (still to be nominated by the State)
As the 'Strategic Intent - Yarrabah Paradise by the Sea' section of the draft Yarrabah planning scheme explains:
"Land use planning was considered in the formulation of the Local Government ILUA with different processes applying to activities ‘inside the developed’ area’ and activities ‘outside the developed area’. The Local Government ILUA also includes draft planning scheme mapping in the schedules that attach to the ILUA, that will be inconsistent with this planning scheme"
You will also see the words "subject to survey" included on the top right corner of the above crudely scaled mapping, the exact boundaries defining which lands are to remain more publicly owned Deed of Grant in Trust, and which lands are to become more privately owned Aboriginal freehold still had yet to be determined and could not be ultimately determined until such time as formal, detailed, on-ground surveys have been undertaken (and the actual boundaries pegged).
It has recently come to the attention of some aspiring, locally indigenous proponents that development consent requirements and even development application and assessment costs will greatly differ depending upon whether proposals are for the more public Deed of Grant in Trust lands, or for the more private Aboriginal freehold lands. One prospective proponent (at least) even found their area of interest potentially straddling both Deed of Grant in Trust and Aboriginal freehold lands (still to be confirmed as surveys are not complete).
Under the circumstances it is most unfortunate the draft planning scheme has some pretty detailed mapping (see overlays) and development assessment information and criteria for things like biodiversity, acid sulphate soils, bush fire hazards, flooding, and even includes Cairns airport aviation overlays, but there is absolutely no mapping (overlays) nor associated strategies, guidelines and codes showing where the Deed of Grant in trust ends, where private Aboriginal freehold will begin etc.
See below for a snapshot of the draft planning schemes biodiversity overlay mapping (for which there are development assessment code, rules and regulations etc) below