The NSW Aboriginal Land Council (ALC) has released a statement following an ABC Four Corners program report on the sale of two parcels of land at Hawks Nest by the Karuah Local Aboriginal Land Council (KLALC).
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"The decision to sell the land was taken by KLALC members at a meeting held in December 2016," the statement said.
"The potential sale of land was also discussed at a members' meeting, immediately prior to the meeting at which it was approved.
"The Aboriginal Land Rights Act 1983 (ALRA) stipulates very strict rules for how Aboriginal Land Councils can deal with their land, including disposals, which requires members' special approval, which is a higher approval threshold than other member decisions.
"According to the ALC records, the KLALC members decision to sell the land complied with the Land Rights Act.
"ALC then approved the sale on the basis that it was consistent with the requirements of the Land Rights Act and was for not less than the market value of the land.
"ALC has no reason to doubt the accuracy of the valuation provided at the time.
"In 2018, ALC commenced establishment of a land development capability.
"This allows Local Aboriginal Land Councils to partner with ALC to maximise economic and other desired outcomes on their land.
"This capability was not available to assist Karuah Local Aboriginal Land Council at the time the land was sold."
Former chief executive officer, Len Roberts said the $1.5 million was placed into a term deposit.
The Aboriginal Land Rights Act 1983 (ALRA) stipulates very strict rules for how Aboriginal Land Councils can deal with their land, including disposals, which requires members' special approval, which is a higher approval threshold than other member decisions.
- NSW Aboriginal Land Council
Mr Roberts said both the sale of the land and the use of the money was done under strict guidelines set by the NSW Aboriginal Land Council.
The sale was a windfall for the land council which was in financial dire straits at the time, and the figure was double what the land was valued at, Mr Roberts said.
"In 2016 land values were not the same as they are today," he said.
MidCoast Council also has provided a statement, saying the story looked at possible connections between the Obeid family and a planning proposal next to the Hawks Nest golf course.
The planning proposal sought to:
- amend the current zoning from RE1 - Public Recreation to R3 - Medium Density Residential;
- impose a maximum floor space ratio of 1:1;
- amend the height of buildings from 8.5m to 12m;
- impose a minimum dwelling density of 30 dwellings/ha; and
- impose a minimum lot size of 1Ha.
"With the exception of the one hectare minimum lot size, these are the standard development controls for the R3 - Medium Density zone in the Great Lakes Local Environment Plan 2014 and are consistent with the neighbouring golf course land.
"The one hectare minimum lot size is proposed to prevent subdivision of the land.
"This will have the effect of ensuring that the land is developed at the one time to facilitate integration of this site into the adjoining golf course.
"A planning proposal must be considered by council in accordance with the environmental planning and Assessment Act 1979 and the Environmental Planning and Assessment Regulation 2000.
"This obligation applies regardless of the landowner.
"The planning proposal was also required to meet all obligations in relation to council's planning proposals and Development Control Plan Applications Policy.
"Reports in relation to the proposal meeting these obligations were presented to the elected body of council at public meetings on the following dates:
- 27 February 2019 Ordinary Meeting
- 26 August 2020 Ordinary Meeting
- 28 April 2021 Ordinary Meeting
- 22 September 2021 Ordinary Meeting
"Consultation with the community on the planning proposal took place between November 16, 2020 and February 5, 2021.
"The feedback from this exhibition period was reported to the elected council at the April 28, 2021 meeting.
The planning proposal has not yet been formalised as council is still awaiting the NSW Department of Planning, Industry and Environment to finalise a technical review of the maps associated with the rezoning. This is likely to be provided by the end of this year.
"It is important to note that no application has been received for any development on this site, and that a development application cannot be determined until the land is formally rezoned.
"Issues raised in the episode regarding potential conflicts of interest are a matter for the individual identified."
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