Planning Control and Native Title - A Queensland Perspective

Abstract

The decision of the High Court in Mabo v State of Queensland [No. 2] (Mabo [No. 2]) recognised the rights of indigenous people to land that arise from their original occupation of that land. Previously, these rights had not been recognised by the law. As a consequence, many statutory arrangements did not accommodate the existence of native title rights and interests. The relationship between native title rights and planning control legislation is significant. The emergence of native title as a new category of private use rights, previously not considered in planning schemes, may have significant implications for the adequacy of those schemes. In this paper, the relationship between the Local Government (Planning and Environment) Act 1990 (Qld) and the Native Title Act 1993 (Cth) will be considered