Australian Capital Territory National Land (Lakes) Minister Delegation 2025

Administered by Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

Legislation au F2025N00882 In force Notifiable Instrument

Legislation content

 

 

 

 

 

Australian Capital Territory National Land (Lakes) Minister Delegation 2025

________________________________________________________________________________

 

I, Kristy McBain, Minister for Regional Development, Local Government and Territories make the following instrument.

 

 

Dated 4 November 2025    

 

 

 

 

 

 

Kristy McBain

Minister for Regional Development, Local Government and Territories

________________________________________________________________________________

 

 


________________________________________________________________________________

Contents

1  Name

2  Commencement

3  Authority

4   Revocation of delegation of powers in previous instrument

5  Definitions

6  Delegation of Minister’s powers under the Ordinance

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


1  Name

  This instrument is the Australian Capital Territory National Land (Lakes) Minister Delegation 2025.

2  Commencement

  This instrument commences on the day it is signed.

3  Authority

  This instrument is made under:

 (a) Section 12C of the Seat of Government (Administration) Act 1910.

4   Revocation of delegation of powers in previous instrument

 

 This instrument revokes the Instrument of Delegation – Australian Capital Territory National Land (Lakes) Minister Delegation 2022.

5  Definitions

  In this instrument:

Chief Executive means the Chief Executive of the NCA as referred to in section 45 of the Australian Capital Territory (Planning and Land Management) Act 1988.

Chief Operating Officer means the Chief Operating Officer of the NCA.

Chief Planner means the Chief Planner of the NCA.

Director Commercial Advisory Unit means

(a)  the position of Director, Commercial Advisory Unit (EL2) within the NCA; or

 (b) if a position with that title does not exist—the position within the NCA with responsibility for strategically managing the NCA’s commercial arrangements (e.g. licensing or permit arrangements) with third parties.

Director Lake and Dam means

(a)  the position of Director, Lake and Dam (EL2) within the NCA; or

 (b) if a position with that title does not exist—the position within the NCA with responsibility for managing the operational and strategic aspects of Lake Burley Griffin.

Manager Lake and Dam means

(a)  the position of Manager Lake and Dam (EL1) within the NCA; or

 (b) if a position with that title does not exist— the position within the NCA with responsibility for managing the operational aspects of Lake Burley Griffin.

NCA means the National Capital Authority established by section 5 of the Australian Capital Territory (Planning and Land Management) Act 1988.

Ordinance means the Australian Capital Territory National Land (Lakes) Ordinance 2022.

 

6  Delegation of Minister’s powers under the Ordinance
 

The power of the Minister under the provision of the Ordinance specified in column 1 of an item in the following table is delegated to the person occupying, or acting in, the role or position specified in column 2 of the item.

 

Delegation of Minister’s powers under the Ordinance

Item

Column 1

Column 2

 

Provision of the Ordinance (power)

Roles or positions

1

Section 9 – Alterations in flow and water level

 

(Power to make alterations to the flow and water level of a lake.)

Chief Executive

Chief Operating Officer

Director Lake and Dam

Manager Lake and Dam

2

Section 10 – Compensation for damage

 

(Power to determine an amount of compensation for damage to land in relation to making alterations to the flow and water level of a lake.)

Chief Executive

Chief Operating Officer

Director Lake and Dam

Manager Lake and Dam

3

Section 16 – Buoys, wharves and jetties

 

(Power to approve buoys, wharves or jetties.)

Chief Executive

Chief Planner

Chief Operating Officer

Director Lake and Dam

Manager Lake and Dam

4

Section 18 – Mooring permit

 

(Power to give a mooring permit.)

Chief Executive

Chief Operating Officer

Director Lake and Dam

Manager Lake and Dam

5

Section 22 – Signs

 

(Power to install a sign to give information or warning.)

Chief Executive

Chief Planner

Chief Operating Officer

Director Lake and Dam

Manager Lake and Dam

6

Section 23 – Closure of lake area for safety, maintenance etc.

 

(Power to temporarily close a lake area or part of a lake area for safety, maintenance etc.)

Chief Executive

Chief Operating Officer

Director Lake and Dam

Manager Lake and Dam

7

Section 24 – Closing parts of lake area for events

 

(Power to close a part of a lake area for events.)

Chief Executive

Chief Operating Officer

Director Lake and Dam

Manager Lake and Dam

8

Section 27 – Authorisation to use power boats

 

(Power to authorise the operation of a domestic commercial vessel on a lake or any other power boat on a lake for a stated purpose.)

Chief Executive  

Chief Operating Officer

Director Lake and Dam

Manager Lake and Dam

9

Section 35 – Agreements to undertake commercial activities in lake area

 

(Power to enter into agreements to undertake commercial activities in a lake area.)

Chief Executive

Chief Operating Officer

Director Commercial Advisory Unit

Director Lake and Dam

 

10

Section 43 – Exclusive right of occupation and use

 

(Power to grant a person exclusive right to occupy and use part of a lake area, and to grant the right to charge admission.)

Chief Executive

Chief Operating Officer

Director Commercial Advisory Unit

Director Lake and Dam

 

11

Section 44 – Exemption by Minister

 

(Power, by notifiable instrument, to exempt a person or boat from a provision in Part 3 of the Ordinance [Use of a lake].)

Chief Executive

Chief Operating Officer

Director Commercial Advisory Unit

Director Lake and Dam

 

12

Section 111 – Obligation to report boating accidents to the Minister

 

(Power to receive a boating accident report.)

Chief Executive

Chief Operating Officer

Director Lake and Dam

Manager Lake and Dam

13

Section 114 – Safety investigations

 

(Power to order a safety investigation.)

Chief Executive

Chief Operating Officer

Director Lake and Dam

Manager Lake and Dam

14

Section 115 – Appointment of safety investigators

 

 (Power to appoint one or more safety investigators.)

Chief Executive

Chief Operating Officer

Director Lake and Dam

Manager Lake and Dam

15

Section 117 – Conduct of safety investigations

 

(Power to decide to discontinue a safety investigation and that a safety investigation report be prepared and submitted by the safety investigator.)

Chief Executive

Chief Operating Officer

Director Lake and Dam

Manager Lake and Dam

16

Section 120 – Actions by Minister following safety investigations

 

(Power to take action following a safety investigation.)

Chief Executive

Chief Operating Officer

Director Lake and Dam

Manager Lake and Dam

17

Section 121 – Public release of safety investigation reports and recommendations

 

(Power to cause the recommendations of a safety investigation report to be made public; and to publicly release all or part of the safety investigation report [except if the release might prejudice the rights of any person in any criminal proceedings in relation to the matter]).

Chief Executive

Chief Operating Officer

 

18

Section 150 – Inspectors

 

(Power to appoint inspectors for the purposes of the Ordinance.)

Chief Executive

Chief Operating Officer

Director Lake and Dam

 

19

Section 151 – Identity cards for inspectors

 

(Power to issue an identity card to an inspector).

Chief Executive

Chief Operating Officer

Director Lake and Dam

 

20

Section 157 – Rules

 

(Power, by legislative instrument, to make rules required or permitted by the Ordinance, or necessary or convenient to be prescribed for carrying out or giving effect to the Ordinance.)

Chief Executive

 

 

 

 

 

Overview

The Australian Capital Territory National Land (Lakes) Minister Delegation 2025 was enacted to delegate the powers of the Minister for Regional Development, Local Government, and Territories to various officials within the National Capital Authority (NCA) under the Australian Capital Territory National Land (Lakes) Ordinance 2022. This instrument aims to streamline decision-making processes regarding the management and regulation of lakes in the Australian Capital Territory. The instrument revokes the previous delegation from 2022, ensuring that current delegations reflect the most recent administrative structure and responsibilities. Key roles such as the Chief Executive, Chief Operating Officer, and Directors of specific units within the NCA are assigned specific powers to manage lake-related activities, safety investigations, and regulatory compliance effectively. By delegating these powers, the legislation aims to enhance operational efficiency and ensure that lake management adheres to legislative requirements.

Scope and Application

The Australian Capital Territory National Land (Lakes) Minister Delegation 2025 applies to specific roles within the National Capital Authority (NCA), delegating various powers under the Australian Capital Territory National Land (Lakes) Ordinance 2022 to certain officers. These powers include making alterations to the flow and water level of a lake, determining compensation for land damage, approving buoys, wharves and jetties, issuing mooring permits, installing signs, temporarily closing lake areas for safety or maintenance, closing parts of lake areas for events, authorising the operation of power boats, entering into agreements to undertake commercial activities in lake areas, granting exclusive rights to occupy and use parts of lake areas, exempting persons or boats from provisions in the Ordinance, receiving boating accident reports, ordering safety investigations, appointing safety investigators, deciding to discontinue safety investigations and preparing investigation reports, taking actions following safety investigations, releasing safety investigation reports and recommendations to the public, appointing inspectors, issuing identity cards to inspectors, and making rules under the Ordinance. The geographic reach of this delegation is within the Australian Capital Territory, specifically concerning national land designated as lakes within the Territory. No exclusions, exemptions, or thresholds are explicitly stated in the instrument, though the powers may be exercised subject to the provisions of the Ordinance itself. The application of this delegation may be further refined or extended through subordinate instruments or legislative changes as required.

Key Provisions

The Australian Capital Territory National Land (Lakes) Minister Delegation 2025 (F2025N00882) provides for the delegation of the Minister's powers under the Australian Capital Territory National Land (Lakes) Ordinance 2022. This instrument specifies the delegation of powers to various roles within the National Capital Authority (NCA), including the Chief Executive, Chief Operating Officer, Director Lake and Dam, Manager Lake and Dam, Chief Planner, and Director Commercial Advisory Unit. The powers delegated cover a wide range of activities, including alterations in lake flow and water levels, compensation for damage, approval of buoys, wharves, and jetties, issuance of mooring permits, installation of signs, temporary closures for safety or maintenance, closure of lake areas for events, authorisation of power boats, agreements for commercial activities in lake areas, exclusive rights of occupation and use, exemption from certain provisions, reporting of boating accidents, safety investigations, appointment of safety investigators, public release of safety investigation reports, appointment of inspectors, issuance of identity cards to inspectors, and the making of rules. The Act imposes several obligations on the parties it governs. These include the requirement for the Chief Executive, Chief Operating Officer, and other designated officers to exercise the delegated powers in accordance with the Ordinance and to ensure that any actions taken are consistent with the objectives and provisions of the Ordinance. Furthermore, the Act requires that any decisions made under the delegated powers are documented and can be subject to review or appeal where appropriate. The Chief Executive, in particular, holds a central role in ensuring that the delegation of powers is exercised responsibly and in the public interest. Failure to comply with the provisions of the Ordinance or this delegation instrument can result in various consequences. The Act does not specify the exact penalties for breaches, but it is implied that breaches could lead to legal actions, including civil suits for damages or administrative penalties. Additionally, any misuse of the delegated powers, such as improper approval of activities or failure to enforce safety regulations, could result in disciplinary actions against the responsible officers, up to and including dismissal from their positions. The seriousness of the breach and the impact on public safety or lake management would be key factors in determining the appropriate response.

Legal classification tags

Area of Law
Environmental Law
Instrument
Notifiable instrument
Concepts
Definitions & Interpretation
Delegation of Minister’s powers under the Ordinance
Enforcement Powers
Regulatory Standards

Interactions

Authorises

All Versions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.