Minns govt to fight land claim over Penrith Stadium redevelopment site

The $300 million redevelopment of Penrith Stadium has hit a hurdle as the Minns government fights an Aboriginal land claim over the site.

The $300 million redevelopment of Penrith Stadium has hit a hurdle as the Minns government fights an Aboriginal land claim over the site.

The Deerubbin Local Aboriginal Land Council (LALC) lodged a land claim on the site in November 2009.

The Saturday Telegraph can reveal the government in April formally refused the claim, prompting the Aboriginal land council to appeal the decision.

Digital Render of the Penrith Stadium Redevelopment. Supplied by Infrastructure NSW.

Digital Render of the Penrith Stadium Redevelopment. Supplied by Infrastructure NSW.

A land claim could hold up the planed $309m development of Penrith Stadium. Picture: Getty Images

The initial land claim covered Penrith Park and contains Howell Oval, BlueBet Stadium and a football training facility.

The appeal – lodged by the Aboriginal land council in the NSW Land and Environment Court on August 30 – covers only the stadium portion of the original claim.

It is understood the matter will be heard in November this year, raising questions as to whether the case will jeopardise or delay plans for the precinct.

Under the Aboriginal Land Rights Act 1983, a local Aboriginal land council can make a claim over Crown land that is not lawfully used or occupied or is not needed or likely to be needed as residential lands or for an essential public purpose.

A claim can also be made over Crown land that is not subject to a lease, licence or permissive occupancy that was granted before June 1983 and continued in operation as at the date of claim.

Digital Render of the Penrith Stadium Redevelopment. Supplied by Infrastructure NSW.

Panther Junior Tia Kilifi scores the winning try in a 2009 match against the Parramatta Eels.

In rejecting the claim, the state government argued the site had been lawfully used and occupied at the time of the claim by local sporting clubs, and that part of the site was needed for the essential public purpose of a road.

In fighting the appeal over the stadium grounds, the government will argue that the land was lawfully used and occupied at the time of the claim.

This included the existence of a tenure between Penrith Park Reserve Trust and Penrith Rugby League Club Limited that began on January 1 2009 – 11 months before Deerubbin LALC lodged its claim – and remains current.

The government will argue 12 games were played at the grounds as part of the 2009 season and 13 played in 2010.

Premier Chris Minns’s government has rejected the Deerubbin Local Aboriginal Land Council claim over the land. Picture: Gaye Gerard

With the Panthers having played their home game for the season, the government is hoping to start work on the $309m project.

A State Significant Development Application to demolish the western and eastern stands and construct new stands, refurbish and provide new stadium entries, revise the existing western field, hard and soft landscaping, and continued recreation use and new concert use is being assessed by the Planning, Housing and Infrastructure Department.

The Saturday Telegraph has been told early works to address issues around sewage on the site will progress despite the claim.

The state government has rejected the land council claim because it says the stadium should stay in community hands. Picture: Getty Images

Lands and Property Minister Stephen Kamper said the stadium needed to remain in public hands.

“The stadium and surrounding grounds have been used by a range of local and professional sporting groups,” he said.

“We firmly believe this piece of community infrastructure should stay in public hands.”

The appeal was lodged by the NSW Aboriginal Land Council (NSWALC) on behalf of Deerubbin Local Aboriginal Land Council (Deerubbin LALC).

It is understood the land council wants the stadium site to continue to host Panthers’ games, and does not want to see the claim as a “land grab”.

In a statement, the NSW ALC slammed the “15-year delay” in determining the claim, which it said should be blamed “for any circumstantial impacts to the redevelopment plans

for the site.”

“Both NSWALC and Deerubbin LALC have clearly demonstrated a willingness not to delay

those works, by providing consent for them to occur while the matter is under appeal,” it said.

“Furthermore, NSWALC tried to negotiate with the NSW Government to avoid the matter

going to court.

“Both NSWALC and Deerubbin LALC remain hopeful that the matter can be

resolved through settlement negotiations, without the need for delay or uncertainty.”

In 2015, Deerubbin LALC won a land claim over Parramatta Gaol.

The land claim was lodged in the Land and Environment Court in 2012.

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Originally published as Minns govt to fight land claim over Penrith Stadium redevelopment site