Dear Mr Reyburn,
I refer to your letter dated 18 June, 1992, in relation to the
Mabo decision.
Council's planning powers originate from the Environmental
Planning and Assessment Act 1079. The Act gives Council power
to regulate the development of land through environmental
planning instruments. These powers do not extend so as to
affect ownership of land or land title.
The Act specifies in detail procedures Council must follow in
preparing environmental planning instruments. Consent of
landowners affected by planning instruments is not required
although public consultation must be undertaken. Any person,
whether owning land or not may make submissions which Council
must take into consideration when deciding to request the
Minister to make an instrument.
The MABO decision therefore does not affect Council in respect
to its powers to make environmental planning instruments. In
particular, proposals to make local environmental plans at
Helensburgh, along the Escarpment and at Sandon Point will not
affect any claim of land ownership, nor the right of any
person to make submissions on the content of the draft plans
prior to a decision being made to make the plans.
If you wish to discuss this matter further, please contact Mr
Les Pawlak of Council's Planning Division on 27 7308.
Yours sincerely,
D A Campbell
Lord Mayor
City of Wollongong
1 September 1992