National Capital Plan - Amendment 44 - Office Employment Location Policies

Overview

The Australian Capital Territory (Planning and Land Management) Act 1988, which outlines the planning and land management framework for the Australian Capital Territory, was enacted to address the need for a structured approach to the planning and development of the national capital. Amendment 44, introduced to modify the Employment Location Policies within the National Capital Plan, was developed to respond to significant changes in the Canberra property market and evolving employment needs since the original policies were established in 1990. The National Capital Authority, responsible for preparing and administering the National Capital Plan, proposed Amendment 44 with a focus on the strategic location of office employment. After a thorough consultation process and revisions in response to feedback from various stakeholders, the Minister for Regional Services, Territories and Local Government, the Hon. Jim Lloyd MP, approved Amendment 44 on 7 March 2005, as per the provisions of the Act. This amendment seeks to accommodate the ACT Government’s priorities, including the development of Civic, and recognises Canberra International Airport as a significant office employment centre.

Scope and Application

The Australian Capital Territory (Planning and Land Management) Act 1988 pertains to the management and planning of land within the Australian Capital Territory (ACT). It applies to entities and individuals involved in the planning and development processes within the ACT. Specifically, the Act empowers the National Capital Authority to prepare and administer the National Capital Plan, including proposing amendments to it as necessary, which then require ministerial approval and parliamentary oversight. Amendment 44, approved on 7 March 2005, modifies the Employment Location Policies outlined in the National Capital Plan, focusing on the strategic placement of office employment to align with current market dynamics in Canberra. The Amendment aims to address changes in the Commonwealth's influence on the property market, accommodate the ACT Government’s emphasis on the Civic area, and recognise Canberra International Airport as a designated office employment centre. The Amendment has a jurisdictional reach limited to the ACT and is subject to potential disallowance by either House of Parliament if a resolution is passed within six sitting days of its tabling. The Amendment can be further refined or extended through subordinate instruments as needed.

Key Provisions

Amendment 44 to the National Capital Plan, which was approved on 7 March 2005 under Section 6 of the Australian Capital Territory (Planning and Land Management) Act 1988, introduces new policies for office employment location within the territory, reflecting significant changes in Canberra's property market since the original policies were established in 1990. The Act mandates that the National Capital Authority (NCA) is responsible for preparing, administering, and reviewing the National Capital Plan, as well as proposing amendments when necessary. The Minister for Regional Services, Territories and Local Government, Hon. Jim Lloyd MP, approved this amendment in accordance with Section 19 of the Act, which allows for the disallowance of the amendment by either House of Parliament within six sitting days if a resolution to that effect is passed. The obligations imposed by the Act on the NCA and the Minister include the duty to consult with the ACT planning authority, as evidenced by the extensive consultation period from 8 November 2003 to 14 February 2004, and the requirement to finalise the amendment after considering all submissions and objections. The amendment process involved discussions with various stakeholders, including the Capital Region Proper Planning Group, and adjustments to address concerns such as the role of Civic, mixed-use developments, the airport's role as a defined office employment centre, and avoiding artificial constraints on local and group centres. Despite objections from the ACT planning authority, the Minister ultimately approved the amendment after consultations with the ACT Executive. Under the Act, failure to comply with the approved amendment could lead to various civil or criminal consequences, depending on the nature and severity of the breach. The Act does not explicitly state the penalties for non-compliance with the amendment, but penalties for breaches of planning regulations typically include fines and potential legal action to enforce compliance. The maximum penalties for such breaches are usually specified in other related legislation or regulations governing planning and land management in the Australian Capital Territory. The amendment itself aims to ensure that office employment location policies are aligned with the current strategic goals and market dynamics of Canberra, thereby facilitating orderly and strategic urban development.