EXPLANATORY STATEMENT
Issued by the authority of the Minister for Finance and Deregulation
Australian Capital Territory (Planning and Land Management) Act 1988
Acts Interpretation Act 1901
Revocation of Declaration of National Land
Section 27 of the Australian Capital Territory (Planning and Land Management) Act 1988 provides that the Minister for Finance and Deregulation may declare land in the Australian Capital Territory (ACT) that is being used or is intended to be used by the Commonwealth to be National Land.
Section 33(3) of the Acts Interpretation Act 1901 provides that where an Act confers a power to make, grant or issue any instrument (including rules, regulations or by-laws) the power shall, unless the contrary intention appears, be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend, or vary any such instrument.
The purpose of the Revocation of Declaration of National Land (Revocation) is to revoke the Notice of Declaration of National Land made by the then Parliamentary Secretary to the Minister for Finance and Administration on 10 March 2005, published in Gazette S46 on 23 March 2005, in respect of the area of land in the District of Kowen, ACT. The specifics of the land are contained in the Schedule to the Revocation.
The Revocation transfers management and control of the land from the Commonwealth to the ACT Government.
The ACT Government and the Department of Defence (Defence) are affected by this declaration. The Department of Finance and Deregulation consulted with officials from the ACT Government and Defence prior to the Revocation.
Overview
The Revocation of Declaration of National Land (Revocation) instrument was issued under the authority of the Minister for Finance and Deregulation, pursuant to the Australian Capital Territory (Planning and Land Management) Act 1988 and the Acts Interpretation Act 1901. This legislative instrument was enacted to address the need to revoke a previous declaration of land in the District of Kowen, Australian Capital Territory, which was designated as National Land on 10 March 2005. The revocation aims to transfer the management and control of this land from the Commonwealth to the ACT Government, thereby aligning with the broader policy objective of devolving certain land management responsibilities to the territory government. The enactment of this revocation follows consultations between the Department of Finance and Deregulation and relevant stakeholders, including the ACT Government and the Department of Defence.
Scope and Application
The Revocation of Declaration of National Land pertains to the Australian Capital Territory (ACT) and is administered under the Australian Capital Territory (Planning and Land Management) Act 1988, which authorises the Minister for Finance and Deregulation to declare land within the ACT as National Land when it is used or intended to be used by the Commonwealth. This revocation specifically targets a previously declared National Land, transferring its management and control from the Commonwealth to the ACT Government. The Act applies to the ACT Government and the Department of Defence, highlighting the direct involvement of these entities in the administrative process. The revocation transfers the responsibility of managing the specified land in Kowen, ACT, from the Commonwealth to the ACT Government, thereby altering the jurisdictional oversight of this particular parcel of land. This transfer of authority is a direct consequence of the revocation and is explicitly detailed in the Schedule of the Revocation instrument. The explanatory statement further notes that consultations took place between the Department of Finance and Deregulation and officials from the ACT Government and Defence before the revocation was executed, ensuring that all pertinent parties were informed and prepared for this administrative change.
Key Provisions
The Australian Capital Territory (Planning and Land Management) Act 1988 (the Act) allows the Minister for Finance and Deregulation to declare land in the ACT as National Land when it is being used or intended to be used by the Commonwealth. This is outlined in Section 27 of the Act. In this context, the Revocation of Declaration of National Land (Revocation) document rescinds a previous declaration made on 10 March 2005, regarding a specific area of land in Kowen, ACT, as detailed in the Schedule of the Revocation. This action effectively transfers the management and control of the land from the Commonwealth to the ACT Government.
The Revocation of Declaration of National Land (Revocation) imposes specific obligations and requirements on the ACT Government and the Department of Defence. The ACT Government is now responsible for managing and controlling the land that was previously designated as National Land. The Department of Defence, on the other hand, must relinquish its previous control and management of the land in question, as well as cooperate with the ACT Government in ensuring a smooth transition of management and control. The Department of Finance and Deregulation, in consultation with the ACT Government and Defence, took steps to ensure a collaborative approach to the Revocation.
Failure to comply with the provisions of the Revocation of Declaration of National Land (Revocation) may result in legal consequences. However, the explanatory statement does not provide specific information on any offences, penalties, or civil/criminal consequences for breach. It is essential for the ACT Government and the Department of Defence to adhere to the terms and conditions outlined in the Revocation to avoid potential legal issues. The maximum penalties for breaches of the Act, if applicable, are not specified in the explanatory statement but can be found in the relevant sections of the Australian Capital Territory (Planning and Land Management) Act 1988.