We pay our respects to the Elders past, present and emerging, for they hold the memories, the traditions, the culture and hopes of Aboriginal and Torres Strait Islander peoples across the State. A better understanding and respect for Aboriginal and Torres Strait Islander cultures develops an enriched appreciation of Australia’s cultural heritage and can lead to reconciliation. This is essential to the maturity of Australia as a nation and fundamental to the development of an Australian identity.
FAQs
Who is MLALC?
The Metropolitan Local Aboriginal Council (MLALC) is an incorporated body constituted under the amended Aboriginal Land Rights Act (ALR Act), with the objective to improve, protect and foster the best interests of all Aboriginal persons within the Council’s area and other persons who are members of the Council.
The MLALC covers 24 LGAs in NSW including a number in Greater Sydney.
For more information on the MLALC visit:
What is the Patyegarang site?
Patyegarang is a parcel of land of approximately 71 hectares at Morgan Road, Belrose. It is located approximately 15km north of the Sydney CBD and 6km north east of Chatswood in the Northern Beaches Local Government Area (LGA).
The land was granted to the Metropolitan Local Aboriginal Land Council (MLALC) under the provisions made in the Aboriginal Land Rights Act 1983 (ALR Act).
What is proposed on the Patyegarang site?
The Patyegarang site offers the opportunity to provide up to 450 new residential dwellings on lots of varying sizes, while recognising the site’s capability of encouraging outdoor public recreation, as well as managing, protecting, and promoting the sites’ ecological and Aboriginal cultural significance.
The MLALC plans to utilise the site as an educational centrepiece, by creating a viewing platform with several public open spaces focusing on Aboriginal heritage, and Aboriginal cultural awareness.
An outdoor Cultural Community Centre in the vicinity of Patyegarang will create an interpretive facility for cultural, educational, social, and ecological information to the local community and visitors.
The detailed plans for development of the site, including the number of residential lots and the types of development proposed, are currently under further investigation.
The Patyegarang site will allow up to 450 dwellings, as approved by an independent planning panel. The dwelling cap of 450 is firm and will not be exceeded as part of this project despite misleading claims suggesting that this dwelling cap will be exceeded to provide up to 1,800 seniors living units or other housing types.
The key objective is to achieve a balance between development, environment, economic, social, and cultural conservation as well as maintenance of the site.
Why has the site been identified for investigation?
The Patyegarang site in Belrose has been identified for future planning investigation as it has the most potential of MLALC’s sites and the best opportunity for economic return and cultural preservation that will benefit members and the broader community. The site is located adjacent to existing urban development and is well serviced.
What makes this site different from the other sites owned by MLALC is the opportunity to showcase Aboriginal Cultural Heritage and provide for economic independence.
How will the development protect Aboriginal heritage?
The Patyegarang site has thousands of years of Aboriginal cultural significance.
Unauthorised use of the site has resulted in walking trails, 4WD, horse and bike riding tracks causing environmental damage and putting its Aboriginal cultural heritage at risk.
Careful planning and management of the Patyegarang site will provide the opportunity for better site access and use, with a focus on the community preservation of cultural artefacts.
An outdoor cultural community centre will promote Aboriginal cultural awareness and provide a space for cultural, social, and ecological education for the local community and visitors.
Why does the MLALC own this land?
The land was granted to the MLALC under the provisions made in the ALR Act, to compensate Aboriginal peoples for the historic dispossession of land they have experienced and in recognition of their ongoing disadvantage.
Has the local Aboriginal community been consulted by the MLALC?
The MLALC undertakes regular engagement and consultation with all Aboriginal people.
An open community forum was held with members of the Northern Beaches Aboriginal community in March 2022 to provide information about the proposal and seek feedback from the local Aboriginal community. This was facilitated by the NSW State Government.
Does the MLALC represent all Aboriginal people in the community?
The ALR Act states that the objectives of each Local Aboriginal Land Council is to “improve, protect and foster the best interests of all Aboriginal persons within the Council’s area and other persons who are members of the Council.”
What is the proof of Aboriginality process?
The Native Title Act of Australia and the NSW Aboriginal Land Rights Act provide a legal framework for the identification of Aboriginal people.
In 1978, the Commonwealth Government adopted a three-part definition, comprising Aboriginal descent, identification, and community recognition. This definition was subsequently incorporated into legislation including the NSW Aboriginal Land Rights Act 1983. By this definition, Aboriginal person means a person who:
1
Is a member of the Aboriginal race of Australia, and
2
identifies as an Aboriginal person, and
3
is accepted by the Aboriginal community as an Aboriginal person
MLALC believes that individuals who self-identify as Aboriginal and claim to represent that Aboriginal community on the Northern Beaches are doing so without proof of Aboriginality.
Individuals who self-identify as Aboriginal do not have the lived Aboriginal experience, are not familiar with knowledge, culture, and traditions, and do not have the intergenerational knowledge to speak as cultural custodians.
MLALC has been the Aboriginal authority for the Northern Beaches since 1983, and is the landowner and custodian of the Patyegarang site.
What are the benefits of the Patyegarang site?
The intention is that future development at Patyegarang will provide an income to fund the goals identified in the MLALC Community Land and Business Plan.
Specifically, Patyegarang offers the opportunity to balance environmental characteristics with economic participation and cultural use of the land to:
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Achieve self-determination by utilising the developable land at the site to facilitate tangible economic, social, and cultural prosperity for MLALC members
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Identify, conserve, and enhance the existing heritage significance of the site to foster distinctive local places
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Generate opportunities to promote local tourism by provide cultural education through information at significant locations, well-managed walking trails and an outdoor cultural community centre; and
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Create future built form outcomes that respect and respond to the natural environment and its unique characteristics.
How will the Patyegarang site assist with the current housing shortage?
Availability and affordability of housing is an increasing challenge across Australia, and within Greater Sydney. The Patyegarang site will provide up to 450 dwellings and make an important contribution to increasing housing supply in the Northern Beaches region.
In line with the Federal Government commitment to deliver social affordable housing, the Patyegarang site will dedicate a proportion of the site to affordable housing.
The core business of the MLALC is to provide services to support its members, including suitable and affordable housing. The provision of affordable housing as part of the Patyegarang site reflects this commitment.
Why has the name of the site changed from Lizard Rock?
Formerly identified as Lizard Rock, the site at Morgan Road, Belrose will now be known as Patyegarang. Patyegarang is a more culturally appropriate name that better represents the rich history of the site.
MLALC acknowledges that Patyegarang was a Gadigal language informant whose name translates to Grey Kangaroo, which is one of most prominent engravings on the site. Patyegarang was the first language provider/translator of Australia in her conversations and interactions with Lieutenant Daws on Gadigal language that is now Sydney language.
The site has more recently been known locally as Lizard Rock due to graffiti on the large rock to make it look like a lizard. The name Lizard Rock and the graffiti at the site do not represent or respect the cultural heritage of the site and the rock itself has no cultural importance or relevance to Aboriginal people.
Under Aboriginal cultural heritage the term Lizard is not used, and actual names are used for each reptile.
The examples below are of Aboriginal language related to lizards:
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Goanna -wirriga wirriga
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Leaf-tailed gecko - bayagin pae-ginn
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Lizard – bunmarra.
What is the public benefit?
Planning for the Patyegarang site has the potential to provide significant public benefit including:
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Protection and management of Aboriginal heritage and relics on the site
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A new community cultural centre showcasing the Aboriginal history of the site
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Improved water quality on-site and downstream in Narrabeen Lagoon by ensuring the future development will implement the latest stormwater management technology in water quality treatment
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Conservation of 19.8 hectares of environmental land,
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Improved bushfire protection for adjoining properties and the general area as the site seeks to implement measures such as fire trail management, hazardous fuel management, implementing asset protection zones
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Increased housing supply and diversity in the Northern Beaches LGA
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Internal road network design with public domain improvements, including enhanced lighting, and new slip lane at the intersection of Morgan Road and Forest Way.
A key part of the delivery of the Patyegarang site ensuring ongoing maintenance and management of the site’s conservation lands and supporting infrastructure.
Will public access to the bushland be maintained?
The Patyegarang site is privately owned by MLALC. It is not publicly owned land. Unauthorised use of the site has resulted in a range of walking trails, 4WD, horse and bike riding tracks, causing environmental damage, and putting Aboriginal cultural heritage at risk.
The proposal seeks to conserve approximately 19.8 hectares of environmental land. The proposal also seeks to deliver future land uses and public benefits, including conservation of sensitive land, provision of community facilities, and educational programs/activities that promote Aboriginal cultural heritage.
Why is this site different?
What makes this site different from the other sites owned by MLALC is the opportunity to showcase and protect Aboriginal cultural heritage for future generations while delivering on Community Land and the MLALC Business Plan.
The Patyegarang site recognises the opportunities of land rights and allows MLALC to continue to support the community.
What are the environmental impacts and benefits of the project?
The Patyegarang site offers an opportunity to manage and protect the natural bushland and creeks while preserving natural space and culturally significant Aboriginal artefacts.
The Planning Proposal addresses the natural environment and Aboriginal cultural heritage by taking an innovative approach to conserving and enhancing natural elements of the landscape and its visual character.
The Planning Proposal includes assessments of waterway management, biodiversity, bushfire, and Aboriginal cultural heritage.
Will bushfire risk be considered?
A detailed bushfire assessment will need to be undertaken as part of the Planning Proposal to ensure the site is suitable for residential development. Any future development will need to meet the requirements of RFS Planning for Bushfire Protection to ensure bushfire safety.
What are the traffic and transport impacts of development in this location?
The Planning Proposal identifies the specific traffic related impacts of the proposed development and potential options to resolve these issues.
Can the land become national park?
Some members of the community have suggested that the Patyegarang site should become national park and alternative compensation given by the government to MLALC.
The Minister for Planning and Public Spaces has been clear that there is no opportunity for alternative compensation to the MLALC that would come at a cost the government in the current fiscal environment.
It is important to acknowledge that land rights aren’t about getting land back to add to the public estate. Land rights should be about self-determination, which can only be achieved when economic resources are available.
What is a Development Delivery Plan (DDP)?
A DDP is a plan made under State Environmental Planning Policy (SEPP) (Planning Systems) and approved by the Minister for Planning, to set out the objectives for identified land owned by a Local Aboriginal Land Council (LALC).
On 10 September 2019, the Department of Planning and Environment received a request from the MLALC for a DDP to be prepared and the (then) Aboriginal Land SEPP to include its land at the Patyegarang site, Morgan Road, Belrose. The DDP has been prepared in consultation with the MLALC.
The intention of the DDP is to deliver future land uses and public benefits, including conservation of sensitive land, provision of community facilities, and educational programs/activities that promote Aboriginal cultural heritage, within the Northern Beaches LGA.
For further information regarding DDPs visit the Department of Planning and Environment’s website at:
https://www.planning.nsw.gov.au/plans-for-your-area/priority-growth-areas-and-precincts/northern-beaches-aboriginal-land
The land is currently vacant and unmanaged.
Has a similar planning process been undertaken?
This is the first time that a Local Aboriginal Land Council has sought to develop land returned under the NSW Aboriginal Land Planning Framework in Metropolitan Sydney. A similar process is underway on the Central Coast for the Darkinjung Local Aboriginal Land Council.
This is an extremely positive step towards utilising the land to deliver economic outcomes for the community, as envisaged by the ALR Act.
What is the planning framework?
State Environmental Planning Policy - Planning Systems (SEPP), formerly known as the Aboriginal Land SEPP, aligns the NSW planning system with the intent of the ALR Act and stimulates improved governance, empowerment, strategic planning, and more efficient land use.
In accordance with the SEPP, it is intended that a Development Delivery Plan (DDP) be prepared for MLALC to recognise the development objectives for identified land owned by a Local Aboriginal Land Council and provide the link between the requirements of the ALR Act and Environmental Planning and Assessment Act 1979 (EP&A Act) to assist in planning and development decisions.
A DDP must be considered by planning authorities in key planning assessment processes, including planning proposals and development applications (DA). The DDP provides detailed guidance of sites identified through a land audit and strategic assessment of opportunities and constraints of the MLALC land holdings. Strategic assessment of the site must be consistent with the objectives, priorities and actions outlined in the North District Plan.
What are the next steps?
Following the endorsement of the DDP and the amendment to State Environmental Planning Policy - Planning Systems (SEPP), formerly known as the Aboriginal Land SEPP, MLALC lodged a Planning Proposal with the Department of Planning and Environment.
A Gateway Determination has now been issued recognising that the proposal has strategic and site specific merit. The Gateway Determination will allow the Planning Proposal to proceed to public exhibition. For updates on timeframes related to the process, please refer to the Department of Planning and Environment (DPE) website.
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