Australian Capital Territory National Land (Unleased) Land Minister Delegation 2025

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

Legislation au F2025N00885 In force Notifiable Instrument

Legislation content

 

 

 

 

 

Australian Capital Territory National Land (Unleased)  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 (Unleased) Land Minister Delegation 2025.

2  Commencement

  This instrument commences on the day it is signed.

3  Authority

  This instrument is made under:

  1.  section 12C of the Seat of Government (Administration) Act 1910; and
  2.     Section 70 of the Australian Capital Territory National Land (Unleased) Ordinance 2022.

4  Revocation of delegation of powers in previous instrument

 

 This instrument revokes the Instrument of Delegation – Australian Capital Territory National Land (Unleased) 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 Built Assets means

(a)  the position of Director, Built Assets (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 the NCA’s assets.

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 Estate Management means

(a)  the position of Director Estate Management (EL2) within the NCA; or

 (b) if a position with that title does not exist—the position within the NCA with responsibility for operationally and strategically managing the NCA estate, including open spaces.

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 directly managing the operational and strategic aspects of Lake Burley Griffin.

Director Major Projects means

(a)  the position of Director Major Projects (EL2) within the NCA; or

 (b) if a position with that title does not exist—the position within the NCA with management responsibility for major NCA infrastructure projects.

Director Visitor Experience means

(a)  the position of Director Visitor Experience (EL2) within the NCA; or

 (b) if a position with that title does not exist—the position within the NCA with responsibility for managing visitor experience and events on the NCA estate.

Manager Built Assets means

(a)  the position of Manager Built Assets (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 the NCA’s assets.

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.

Manager Open Space means

(a)  the position of Manager Open Space (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 the NCA estate, including open spaces.

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 (Unleased) 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 of 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 10 – Unleased National Land may be declared as a public road

 

(Power, by notifiable instrument, to declare any area of unleased National Land to be a public road.)

Chief Executive

Chief Planner

Chief Operating Officer

2

Section 11 – Fixing or changing level of public road

 

(Power, by notifiable instrument, to fix or change the level of a public road.)

Chief Executive

Chief Planner

Chief Operating Officer

 

3

Section 12 – Identification of public road boundaries

 

(Power, by notifiable instrument, to approve the boundaries of a public road.)

Chief Executive

Chief Planner

Chief Operating Officer

 

4

Section 15 – Temporary closing of public roads

 

(Power to temporarily close a public road.)

Chief Executive

Chief Planner

Chief Operating Officer

Director Estate Management

Director Built Assets

Director Visitor Experience

Director Major Projects

 

 

5

Section 16 – Approval to use temporarily closed public road

 

(Power to approve the use of a temporarily closed public road.)

Chief Executive

Chief Planner

Chief Operating Officer

Director Estate Management

Director Built Assets

Director Visitor Experience

Director Major Projects

 

6

Section 18 – Minister may make temporary public road

 

(Power to make a temporary public road over National Land.)

Chief Executive

Chief Planner

Chief Operating Officer

Director Estate Management

Director Built Assets

Director Visitor Experience

Director Major Projects

 

7

Section 19 – Notice of intention to permanently close public road

 

(Power, by notifiable instrument, to give a notice of a proposal to permanently close a public road.)

Chief Executive

Chief Planner

Chief Operating Officer

 

8

Section 20 – Permanent closure of public road

 

(Power, by notifiable instrument, to permanently close a public road.)

Chief Executive

Chief Planner

Chief Operating Officer

 

9

Section 22 – Direction to construct surface water drain

 

(Power to direct a construction of a surface water drain.)

Chief Executive

Chief Planner

Chief Operating Officer

Director Estate Management

Director Built Assets

Director Major Projects

Director Lake and Dam

10

Section 24 – Repair of damage and construction of drains by Minister

 

(Power to repair damage and construction of drains and recover costs.)

Chief Executive

Chief Planner

Chief Operating Officer

Director Estate Management

Director Built Assets

Director Major Projects

Director Lake and Dam

11

Section 25 –  Direction to repair damage to public National Land

 

(Power to direct the repair of damage to public National Land or Commonwealth property on public National Land.)

Chief Executive

Chief Planner

Chief Operating Officer

Director Estate Management

Director Built Assets

Director Major Projects

Director Lake and Dam  

12

Section 28 – Commonwealth may repair damage

 

(Power to repair damage to public National Land or Commonwealth property on public National Land and recover costs.)

Chief Executive

Chief Planner

Chief Operating Officer

Director Estate Management

Director Built Assets

Director Major Projects

Director Lake and Dam

13

Section 30 – Direction to prune etc. overhanging public National Land

 

(Power to issue a direction to prune a tree or other plant overhanging public National Land.)

Chief Executive

Chief Planner

Chief Operating Officer

Director Estate Management

Director Built Assets

Director Major Projects

Director Lake and Dam

Manager Open Space

Manager Built Assets

Manager Lake and Dam 

14

Section 32 – Pruning of tree etc. by Commonwealth

 

(Power to prune a tree or other plant and recover costs.)

Chief Executive

Chief Planner

Chief Operating Officer

Director Estate Management

Director Built Assets

Director Major Projects

Director Lake and Dam

Manager Open Space

Manager Built Assets

Manager Lake and Dam

15

Section 33 – Direction to remove tree etc. endangering public safety on public National Land

 

(Power to issue direction to remove tree or other plant endangering public safety on public National Land.)

Chief Executive

Chief Planner

Chief Operating Officer

Director Estate Management

Director Built Assets

Director Major Projects

Director Lake and Dam

Manager Open Space

Manager Built Assets

Manager Lake and Dam

16

Section 35 – Removal of tree etc. by Commonwealth

 

(Power to remove tree or other plant endangering public safety on public National Land and recover costs.)

Chief Executive

Chief Planner

Chief Operating Officer

Director Estate Management

Director Built Assets

Director Major Projects

Director Lake and Dam

Manager Open Space

Manager Built Assets

Manager Lake and Dam

17

Section 36 – Object removal directions – unleased National Land

 

(Power to issue an object removal direction.)

Chief Executive

Chief Planner

Chief Operating Officer

Director Estate Management

Director Built Assets

Director Visitor Experience

Director Major Projects

Director Lake and Dam

Manager Open Space

Manager Built Assets

Manager Lake and Dam

18

Section 38 – Removal of objects by the Commonwealth

 

(Power to remove objects and place in storage, and recover costs and/or sell or dispose of the object.)

Chief Executive

Chief Planner

Chief Operating Officer

Director Estate Management

Director Built Assets

Director Major Projects

Director Lake and Dam

Manager Open Space

Manager Built Assets

Manager Lake and Dam

19

Section 39 – Disposal of objects by the Commonwealth

 

(Power to sell or dispose of objects and disburse sale proceeds.)

Chief Executive

Chief Planner

Chief Operating Officer

Director Estate Management

Director Built Assets

Director Major Projects

Director Lake and Dam

Manager Built Assets

20

Section 41 – Minister may temporarily close public National Land to traffic

 

(Power to temporarily close public National Land to traffic.)

Chief Executive

Chief Planner

Chief Operating Officer

Director Estate Management

Director Built Assets

Director Visitor Experience

Director Major Projects

Director Lake and Dam

21

Section 48 – Request for further information

 

(Power to request further information in relation to a permit application.)

Chief Executive

Chief Operating Officer

Director Visitor Experience

Director Lake and Dam

Director Commercial Advisory Unit

Manager Lake and Dam

22

Section 50 – Decision on application for permit

 

(Power to make a decision regarding a permit application.)

Chief Executive

Chief Operating Officer

Director Visitor Experience

Director Lake and Dam

Director Commercial Advisory Unit

23

Section 52 – Application for renewal of permit

 

(Power to make a decision regarding an application to renew a permit.)

Chief Executive

Chief Operating Officer

Director Visitor Experience

Director Lake and Dam

Director Commercial Advisory Unit

24

Section 53 – Replacement of lost, stolen or destroyed permit

 

(Power to issue a replacement permit that has been lost, stolen or destroyed.)

Chief Executive

Chief Operating Officer

Director Visitor Experience

Director Lake and Dam

Director Commercial Advisory Unit

Manager Lake and Dam

25

Section 57 – Cancellation of permit

 

(Power to cancel a permit.)

Chief Executive

Chief Operating Officer

Director Visitor Experience

Director Lake and Dam

Director Commercial Advisory Unit

26

Section 58 – Licenses of unleased National Land

 

(Power to grant a licence to occupy or use unleased National Land, including any building or structure on the land.)

Chief Executive

Chief Planner

Chief Operating Officer

Director Lake and Dam

Director Commercial Advisory Unit

Director Visitor Experience

27

Section 60 – Minister’s power to terminate licence

 

(Power to terminate a licence to occupy or use unleased National Land, including any building or structure on the land.)

Chief Executive

Chief Planner

Chief Operating Officer

Director Lake and Dam

Director Commercial Advisory Unit

Director Visitor Experience

28

Section 62 – Recovery of lands by Commonwealth

 

(Power to issue a demand notice to an unlawful occupier and, if not complied with, apply to the Magistrates Court for an order that possession of the land be given to the Commonwealth.)

Chief Executive

Chief Planner

Chief Operating Officer

 

29

Section 63 – Evidence of ending of licence

 

(Power to provide a certificate that a licence has expired, or been surrendered or terminated.)

Chief Executive

Chief Planner

Chief Operating Officer

Director Lake and Dam

Director Commercial Advisory Unit

Director Visitor Experience

 

30

Section 71 – Rule-making power

 

(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

 

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.