From the CEO
The results are in.
In response to UDIA WA’s Top 10 Greatest Friction Points in Property Development survey, here’s what we heard…
Right now, the number one friction point causing you the greatest pain in delivering your projects is timely clearances and/or delivery of power infrastructure. Followed closely by State-based environmental assessment & approvals in second place and local government planning approvals coming in third.
In the next six months, the top three issues you believe will have the greatest impact on your ability to deliver projects are compliance with the new Aboriginal Cultural Heritage Act in top spot, preparing for compliance with the Medium Density Code in second and construction costs (material & labour) in third.
I can assure you that UDIA WA, through the team and committee members, have and will continue to focus our efforts on minimising the impact of these priority friction points. Our ongoing dialogue with Western Power is focused on both immediate relief to delays and process changes in the short to medium term that will result in improvements to the approval and delivery of power infrastructure. This is occurring at both the agency and Ministerial level. We are also working feverishly to identify and advocate for practical improvements to the State-based environmental assessment and approvals process along with the need for a planning-led approach to the coordination of all agency referral and assessment processes.
It’s no surprise that your concern regarding the impact of the new ACH Act is the number one issue over the next six months. The Minister for Aboriginal Affairs has extended an invitation to me to represent our members on the ACH Implementation Group which will not only inform the State of the key challenges for industry but will also make recommendations as part of the 12 month review. We will continue to provide you with clarity and guidance as we receive it, with resources on our website regularly updated here.
We have also made it very clear to the Minister for Planning; Lands; Housing and Homelessness that industry does not support the Medium Density Code in its current form due to the unintended consequences on R30 affordable housing product. You can read the latest in many months of correspondence here which is currently being considered by the Minister. We anticipate a response upon his return from leave in early August.
UDIA WA will continue to represent your interests on the issues that matter most with a great deal of urgency & importance. Our members are at the centre of everything we do and our door is always open.
Implementing the ACH Act: New and updated resources
UDIA WA are pleased to share new and updated resources with our members to assist in understanding and working with the Aboriginal Cultural Heritage Act 2021 following its implementation on 1 July.
These resources include:
- Direct responses from DPLH to questions posed by UDIA WA and our members
- The new Aboriginal Cultural Heritage Inquiry system (ACHIS)
- Regulatory Statement of Intent for the initial 12 months of implementation, supplied by DPLH
- An updated version of our guidance document A Developer’s guide to the new framework for protecting and managing Aboriginal Cultural Heritage
We have been engaging with to the Department of Planning, Lands and Heritage DPLH to source responses to questions raised by attendees at UDIA WA’s industry breakfast event on 27 April 2023 and UDIA WA’s follow up briefing session hosted with Engineers Australia on 27 June 2023.
To view the responses, click here.
The new ACHIS became available on 1 July. This provides locations and information about ACH across WA and results will include past survey reports, places, cultural landscapes, protected areas, local Aboriginal cultural heritage services and Native Title Parties.
It is an important resource and step for conducting Due Diligence Assessments. However, if there is no listed ACH or available survey reports, do not presume there is no ACH in the area. DPLH advises that in addition to searching the database, you may need to make some risk-based decisions in accordance with the ACH Management Code.
To view the ACHIS, click here.
The Statement of Regulatory Intent sets out the guiding principles to DPLH’s approach to compliance and enforcement for the first 12 months of new regulatory obligations under the Aboriginal Cultural Heritage Act 2021 (the Act).
Whilst the government will be adopting an educative approach, we urge our members to be mindful this is in relation to the procedural nature of applying the ACH Act, with any damage to ACH within the next 12 months likely to face investigation.
To view the Regulatory Statement of Intent, click here.
The updates to our guidance document A Developer’s guide to the new framework for protecting and managing Aboriginal Cultural Heritage include updates to reflect recently released documents including the EPA’s updated Social Surroundings guideline and Interim Technical Guidance.
To view the updated version, click here.
In addition to the above resources UDIA WA CEO Tanya Steinbeck has been appointed by the Minister for Aboriginal Affairs to participate on the ACH implementation group, to ensure members concerns are heard and promptly considered as we adapt to the new requirements over the next six months. To share your experiences with us contact at udia@udiawa.com.au.
Urban Intelligence
At the end of last week UDIA WA were pleased to present the latest edition of our monthly Urban Intelligence report.
The latest edition of Urban Intelligence includes a feature article exploring the results from REA Group’s new research into the WA Property Market by Executive Manager Research, Toby Adams along with the latest Land Snapshot data, House and Land Settlement data and Economic trends, including building approvals and lending indicators.
To access the latest edition of Urban Intelligence, click here.
To read the REA Group’s research report, The Western Australian Market: Data & Insights, referred to in Mr Adams’ feature article, click here.
NAIDOC Week
This week is NAIDOC Week, which this year supports a theme of For Our Elders that highlights the significant contributions made by Elders in their communities, with their leadership and guidance paving the way for better outcomes for Aboriginal people.
NAIDOC Week is an opportunity for all Australians to learn about First Nations cultures and histories and participate in celebrations of the oldest, continuous living cultures on earth.
There are many ways you can support and get to know your local Aboriginal and/or Torres Strait Islander communities through activities and events held across the country.
For more information around how you can support and acknowledge NAIDOC Week 2023, click here to access the variety of supporting documents and events you can get involved with.
Nominations for Noongar Boodja Trust Investment Committee
The Noongar Boodja Trust has recently released an Expression of Interest (EOI) for a Property Expert Member for the Noongar Boodja Trust Investment Committee.
This Committee will oversee the investment of trust funds, guide and review the Trustee’s investment decisions and the development of land assets under the South West Native Title Settlement.
The South West Native Title Agreement between Noongar People and the State of Western Australia Government is the largest and most significant native title settlement in Australia. The Noongar Boodja Trust will eventually hold around $1.3B of assets for and on behalf of the Noongar People.
The first trustee, Perpetual, is establishing an investment committee which will oversee the investment of trust funds, guide and review the Trustee’s investment decisions and the development of land assets.
The investment committee will include 6 independent members:
- Two (2) property experts
- Two (2) investment experts
- Two (2) Noongar experts
The Noongar Boodja Trust Nominations Committee is seeking applications from experienced professionals who desire to contribute to the social and economic advancement of Noongar People and in particular looking for a property expert with:
- at least five years’ expertise or experience in significant property transactions or residential, commercial, industrial or retail property development special projects – ideally with significant experience with in Perth and the South West of Western Australia
- a heart for community and a genuine desire to improve the social and economic wellbeing of Noongar People
- leadership experience in your field and a focus on strategic thinking.
Applications close 5pm (AWST) Saturday 15 July 2023.
For more information, click here to view the Expression of Interest.
Fees for actions under the Contaminated Sites Regulations have been increased.
UDIA WA have been notified by the Department of Water and Environmental Regulation (DWER) that fees for actions under the Contaminated Sites Regulations have been increased.
In notifying UDIA, DWER said it was the first fee increase since 2006 and that the increase was in line with the Consumer Price Index and reflecting increasing costs.
Fees are based on a ‘fee unit’ that will increase from $15 to $22 (per fee unit) from 1 July 2023. This will result in the cost of a Basic Summary of Records request increasing from $30 to $44 and the cost of a Detailed Summary of Records request increasing from $300 to $440.
Please contact the Contaminated Sites Hotline on 1300 762 982 if you wish to comment on this fee increase.
Expressions of Interest open – Design Review Panel
The City of Stirling is seeking expressions of interest from suitably qualified design professionals to join the City’s Design Review Panel.
The Design Review Panel will draw from a membership of up to 18 suitably qualified professionals with relevant qualifications and demonstrated expertise in either urban design, architecture, landscape architecture, planning, heritage and/or sustainability and environmental design.
Panel members will act in a consultative capacity to the City, reviewing and providing independent, impartial, expert design advice on a variety of development proposals and strategic instruments, and will be remunerated for attendance at meetings at an hourly rate set by Council.
More information about the Panel and the nomination process is available via the City of Stirling’s website, here.
Submissions close 5.00pm, Monday 24 July 2023.
If you have any queries relating to this matter, contact Austin Donaghey, Coordinator Planning Approvals via telephone on 9205 8555 or email drp@stirling.wa.gov.au.