Australian Capital Territory (Planning and Land Management) Amendment Act 2018

Overview

The Australian Capital Territory (Planning and Land Management) Amendment Act 2018 was enacted by the Parliament of Australia to make amendments to the Australian Capital Territory (Planning and Land Management) Act 1988. The 2018 Amendment Act addresses governance issues within the ACT’s planning and land management framework, aiming to enhance accountability and efficiency in the administration of planning and land management functions. This legislation introduces changes to the governance arrangements by clarifying the roles and responsibilities of the accountable authority and the Chief Executive of the Authority, and by establishing a framework for ministerial directions. The policy objective is to ensure better governance and compliance with the Public Governance, Performance and Accountability Act 2013, thereby improving the overall management of planning and land resources in the ACT.

Scope and Application

The Australian Capital Territory (Planning and Land Management) Amendment Act 2018 amends the Australian Capital Territory (Planning and Land Management) Act 1988 to revise governance arrangements within the planning and land management framework of the Australian Capital Territory. This legislation applies to the Territory Planning Authority, which is designated as the accountable authority responsible for overseeing the planning and land management functions. The Act also applies to the Chief Executive of the Authority, who is responsible for managing the affairs of the Authority. The amendments ensure that the Authority, rather than the Chief Executive, is accountable for certain functions and compliance with directions, particularly in relation to the Public Governance, Performance and Accountability Act 2013. The Act came into effect on 1 July 2018, with provisions that ensure any directions issued by the Chief Executive prior to this date remain in effect, adapting to the new structure established by the Act. The Act does not specify any exclusions or thresholds, and its application is confined to the Australian Capital Territory, impacting entities and individuals involved in the planning and land management processes within the territory.

Key Provisions

The Australian Capital Territory (Planning and Land Management) Amendment Act 2018 (the "Act") brings significant changes to the Australian Capital Territory (Planning and Land Management) Act 1988. The key changes involve governance arrangements, specifically the roles and responsibilities of the Authority, the Chief Executive, and the Minister. The Authority, now designated as the accountable authority, has new functions and compliance requirements. The Chief Executive's role is also revised to include compliance with written directions from the Authority, except where these directions conflict with the Public Service Act 1999. Section 7 of the Act introduces the ability for the Minister to issue general directions to the Authority concerning its functions, which the Authority must comply with, unless these directions pertain to functions or powers governed by the Public Governance, Performance and Accountability Act 2013. Additionally, Section 46 outlines the Chief Executive's responsibilities in managing the Authority's affairs, including compliance with written directions from the Authority, excluding any that might conflict with the Public Service Act 1999. The Act imposes specific obligations on the Authority, the Chief Executive, and the Minister. The Authority must adhere to any general directions issued by the Minister regarding its functions, unless those directions conflict with the Public Governance, Performance and Accountability Act 2013. The Chief Executive must comply with written directions from the Authority concerning the management of the Authority's affairs, except when these directions conflict with the Public Service Act 1999. Furthermore, the Authority is tasked with reporting any directions given to the Chief Executive in its annual report for the financial year. The Act also establishes the Authority as the accountable authority for the purposes of the Public Governance, Performance and Accountability Act 2013, thereby affecting the reporting period and any actions taken by the Chief Executive before the Act's commencement. There are no explicit offences, penalties, or consequences for breach outlined in the Act. However, the requirement for the Authority and the Chief Executive to comply with directions and report them in the annual report suggests that non-compliance could lead to administrative scrutiny or further legislative action. The Act relies on the broader legislative framework, such as the Public Governance, Performance and Accountability Act 2013 and the Public Service Act 1999, to address any breaches or failures to comply with the directions issued under this Act. The Act's amendments are intended to streamline governance and clarify responsibilities within the planning and land management sector in the Australian Capital Territory.