Council is must also ensure any development is undertaken in accordance with the duty of care as required by the Aboriginal Cultural Heritage Act 2003. It is also important to consider that in 2008, the Federal Court determined Native Title existed in the area which has consequences for the implementation of the planning scheme, in particular in relation to ‘owner’s consent’ for development.

A planning scheme is a legal document prepared by Council under State planning legislation with a specific purpose of guiding and regulating the development of land. A planning scheme comprises a set of rules and supporting maps and policies that manage and guide the way land, buildings and structures can be used and developed within a local government area.

A planning scheme considers development from a shire wide level down to a town, suburb or individual lot level. It is a plan. It is the document that aims to ensure that there is enough residential, industrial, commercial land and that these uses are located in areas that complement each other and reduce potential for conflicts between neighbouring uses.