Australian Capital Territory (Planning and Land Management) Act 1988 - Revocation of Declaration of National Land - former Royal Australian Air Force Transmitter Station Site - Gungahlin and Canberra Central Division - February 2010

Overview

The Australian Capital Territory (Planning and Land Management) Act 1988 was enacted to provide for the planning and management of land in the Australian Capital Territory. The Act enables the Minister for Finance and Deregulation to declare land that is being used or intended to be used by the Commonwealth as National Land. However, the Revocation of Declaration of National Land (Revocation) dated 8th February 2010 revokes the declaration of National Land for Blocks 343GD and 1317CCD, which are located in the Gungahlin and Canberra Central Divisions respectively. The Revocation recognises the subject land as Territory Land, which will be managed and controlled by the ACT Government. This change in land status is occurring in the context of a priority sale of the subject land by the Commonwealth to the ACT. The Revocation was made pursuant to section 28 of the Australian Capital Territory (Planning and Land Management) Act 1988 and was published in Gazette Notice 6 on 17 February 2010. Relevant agencies were consulted prior to the drafting of the Legislative Instrument. The policy objective of the Revocation is to facilitate the sale of the subject land to the ACT, which will assume management and control of the land. The subject land will be subdivided by the ACT, with part of it being developed as a public road as part of the Barton Highway duplication, and the balance being dedicated for conservation purposes and incorporated within Canberra Nature Park. The Revocation aims to provide for the efficient and sustainable use of land in the ACT while ensuring that the interests of the Commonwealth are protected. The Revocation was made by the authority of the Minister for Finance and Deregulation and was subject to consultation with relevant agencies.

Scope and Application

The Australian Capital Territory (Planning and Land Management) Act 1988 applies to the management and planning of land within the Australian Capital Territory (ACT), and the Revocation of Declaration of National Land (Revocation) is an instrument under this Act. The Revocation specifically pertains to land previously declared as National Land by the Commonwealth and now to be recognised as Territory Land. The subject land in question, consisting of Blocks 343GD and 1317CCD, located in the Gungahlin and Canberra Central Divisions respectively, is affected by this revocation. Following the revocation, the ACT Government will assume management and control over these parcels of land, facilitating their subdivision and repurposing for public roads and conservation within the Canberra Nature Park. The Revocation was published in Gazette Notice 6 on 17 February 2010, following consultations with relevant agencies.

Key Provisions

The Australian Capital Territory (Planning and Land Management) Act 1988 (section 27) empowers the Minister for Finance and Deregulation to declare land in the Australian Capital Territory (ACT) as National Land if it is being used or intended to be used by the Commonwealth. This provision allows the Minister to specify certain lands for federal purposes, ensuring they are managed appropriately under national jurisdiction. In this context, the Revocation of Declaration of National Land (Revocation) dated 8 February 2010, pertains to the former Royal Australian Air Force Transmitter Station site, specifically Blocks 343GD and 1317CCD. These blocks are situated in the Gungahlin and Canberra Central Divisions respectively, with Block 343GD covering approximately 33.60 hectares and Block 1317CCD covering around 19.21 hectares. This Revocation aims to transition these lands from National Land to Territory Land, as outlined under section 28 of the Act. The obligations under this Act for the parties involved are substantial. The Minister for Finance and Deregulation must ensure that the land declared as National Land is appropriately managed and used for the Commonwealth’s purposes. Following the Revocation, the ACT Government assumes management and control of the land, which includes subdividing the land and dedicating it for specific purposes such as public road development and conservation. The transition of these lands is also tied to a priority sale by the Commonwealth to the ACT, necessitating careful coordination and compliance with the terms of the sale and subsequent land use planning. The Revocation also requires consultation with relevant agencies and the publication of notice in the Commonwealth of Australia Gazette, as seen with Gazette Notice 6 on 17 February 2010. The Act does not explicitly outline offences or penalties for breaches related to the Revocation of National Land declaration. However, any failure to comply with the terms of the sale, the transition process, or the subsequent land management and use by the ACT Government could potentially lead to legal repercussions. These could include administrative penalties or legal actions under broader planning and land management laws of the ACT. The precise consequences would depend on the specific nature and impact of the non-compliance. Given the significant implications for land use and public interest, any breaches are likely to be subject to scrutiny and appropriate enforcement measures under existing legislative frameworks.