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) that power shall, unless the contrary intention appears, be construed as including a power excisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend, or vary any such instrument.
The Revocation of Declaration of National Land (Revocation) dated 8th February 2010 relates to the former Royal Australian Air Force Transmitter Station site which is comprised of Blocks 343GD and 1317CCD (subject land).
Block 343GD is located in the Gungahlin Division and consists of a parcel of land measuring approximately 33.60 hectares located on the eastern side of the Barton Highway immediately north of its intersection with Ellenborough Street, Lyneham. It is described as DP 5458 in the Commonwealth of Australia Gazette No. S76 of 2 March 1989.
Block 1317CCD is located in the Canberra Central Division and consists of a parcel of land measuring approximately 19.21 hectares located to the east of the Barton Highway immediately south of Block 343. It is described as DP5458 in the Commonwealth of Australia Gazette No. S76 of 2 March 1989.
The purpose of the Revocation is to recognise the subject land as Territory Land pursuant to section 28 of the Australian Capital Territory (Planning and Land Management) Act 1988 following which the ACT Government will assume management and control.
The Revocation has occurred in the context of a priority sale of the subject land by the Commonwealth to the ACT. As Territory Land, the subject land will be subdivided by ACT. That part of the subject land developed as part of the Barton Highway duplication will be dedicated as public road. The balance of the subject land will be dedicated for conservation purposes and incorporated within Canberra Nature Park
Notice of the Revocation was published in Gazette Notice 6 on 17 February 2010.
The relevant agencies undertook consultation prior to the Legislative Instrument being drafted.