After you receive your In-principle Support Package from Department of Lands (DoL) you can move to Application Stage 2 and start developing your Project Proposal. You will need to carefully consider the information provided by DoL and work through any issues that might impact on your area of interest.
This is an important stage of your application because it’s when you need to seek preliminary advice and obtain in-principle support from Referral Agencies and interest holders.
You should do as much preparation as possible at this stage to help you develop your idea and work through any potential issues. It will assist you, and the State, to assess if your proposal is feasible and if it's likely to progress or whether your application needs to be refined.
Seek advice from relevant agencies and interest holders
This information is a general guide and only intended to provide an overview of agencies that proponents may need to consult with. DoL does not guarantee the completeness, accuracy, reliability or suitability for its use. It does not constitute advice, legal or otherwise. It is the reader’s responsibility to confirm the accuracy of information with the relevant agencies at the time of use.
Something to remember
Your discussions are important as you need in-principle support and agreement from Referral Agencies and interest holders (in writing) before your Project Proposal can proceed any further.
The preliminary advice you receive may affect the location and size of your proposal, which means you might need to refine your area of interest.
Although it may not be necessary in the early stages, you should be aware that consultants or land surveyors can help define your area of interest and may be able to assist in addressing access to the area. The types of consultants listed below may be able to assist you at different times during the development of your Project Proposal.
Cultural consultant – assists with Indigenous Land Use Agreement (ILUA) negotiations with Native Title Parties and conducting Aboriginal heritage surveys.
Agricultural consultant – assists with determining a viable crop, its marketability, and climate and soil suitability.
Hydrogeological or hydrological consultant – assists with interpreting groundwater or surface water data.
Business consultant – assists with determining the economic viability of your proposal. The consultant may also help you develop a Project Proposal, Business Plan and Development Plan, including infrastructure requirements.
Environmental consultant – undertakes environmental and cultural assessment of the proposed development site. The consultant may be able to assist you with approvals from the various government agencies outlined above and potentially, Traditional Owners.
The consultant or land surveyor may also be able to assist you to define your area of interest with up to date technology, such as shape files. Many Referral Agencies will be able to use in their assessment of your proposal to provide clear and relevant advice specific to your area of interest. This may also assist in reducing turnaround times.
Having a defined area of interest can also help in identifying Native Title Parties and other interests. A graphic, e.g. a map, will also be required for the registration of an Indigenous Land Use Agreement (ILUA).
The National Native Title Tribunal (NNTT) can assist with mapping requirements for ILUAs.
When you have preliminary advice and in-principle support from the Referral Agencies and interest holders mentioned above, you can prepare your Project Proposal. This will help demonstrate your capacity to develop your proposal. DoL has developed a Project Proposal Guide outlining what you need to include.
Other matters to consider
Depending on the nature and location of your proposal, it is likely you will also need to consider other factors, such as:
Water availability and requirements for water infrastructure
Crop choice(s) and land capability
Environmental values including surrounding land use, assessments and approvals
Potential land or water contamination
How to deal with any mining, petroleum or geothermal tenements affecting the land
The need for consultation and negotiation with Native Title Parties
Infrastructure requirements such as power, sewer, drainage, road/access.
By submitting your Project Proposal you agree to accept all costs. When your Project Proposal is complete, submit it to the relevant Case Manager at DoL, quoting the job number provided in your In-principle Support Package.
What happens next?
When DoL receives your Project Proposal it will:
Undertake statutory referrals, as noted below.
Consult other agencies if necessary, based on any preliminary comments you receive from the Referral Agencies.
Refer your Project Proposal to the Pastoral Land Boards (PLB) if it involves land being excised from a pastoral lease.
Review the feasibility of your Project Proposal, taking into account the information received.
The Project Proposal will also be referred by DoL to the Minister for Mines and Petroleum and to the relevant Local Government Authority (LGA).
Under Section 16(3) of theMining Act 1978(Mining Act), the Minister for Lands is required to obtain approval from the Minister for Mines and Petroleum for any lease, grant of freehold or other disposal of Crown land within a mineral field.
Under Section 14 of the Land Administration Act 1997(LAA), the Minister is required to consult with the relevant LGA prior to exercising any power under the LAA in relation to land.
Once DoL’s assessment is complete, your Project Proposal will be forwarded to the Minister for Lands and Cabinet for approval to proceed to an Option Agreement.
Something to remember
As all Project Proposals are subject to Cabinet approval, any request to increase the land area, change the location, or change the tenure after the proposal has been endorsed will mean you have to restart the application process. This may significantly lengthen project timeframes and increase costs.