AUSTRALIAN CAPITAL TERRITORY
(PLANNING AND LAND MANAGEMENT) ACT 1988
APPROVAL OF AMENDMENT 48
OF THE NATIONAL CAPITAL PLAN
SIGNS POLICIES – FLEXIBILITY PROVISIONS AND SPONSORSHIP SIGNS IN THE PARLIAMENTARY ZONE
TABLING STATEMENT
Section 6 of the Australian Capital Territory (Planning and Land Management) Act 1988 (the Act), provides that the National Capital Authority (Authority) is responsible, among other things, for preparing and administering the National Capital Plan, for keeping the Plan under constant review and for proposing amendments to it when necessary. Amendment 48 has been prepared in accordance with sections 14 to 23 of the Act.
Mr Jim Lloyd, Minister for Local Government, Territories and Roads, approved Amendment 48 (Signs Policies - Flexibility Provisions and Sponsorship Signs in the Parliamentary Zone) on 24 February 2005.
The Amendment is being laid before both Houses of Parliament. If either House, in pursuance of a motion of which notice has been given within six sitting days after the Amendment has been laid before that House, passes a resolution disallowing the Amendment, or part of the Amendment, the Amendment or part so disallowed ceases to have effect.
Amendment 48 relates to the Signs Policies of the National Capital Plan. The Amendment extends the flexibility currently in the Signs Polices at Appendix H of the National Capital Plan to allow consideration of minor increases in the size of signage proposed on bus shelters in Designated Areas. Amendment 48 will also allow sponsorship signs in the Parliamentary Zone where such signs comply with a comprehensive signage plan approved by the Authority for a project or precinct.
The Signs Policies in the Plan are designed to ensure excessive and inappropriate signage does not occur in Designated Areas, that is, those areas identified in the Plan as having the special characteristics of the National Capital.
On 14 November 2003 the National Capital Authority, at the request of the ACT Government, agreed to propose an Amendment to the National Capital Plan in relation to the Signs Policy in Appendix H of the Plan to allow consideration of minor increases in the size of signage proposed on bus shelters in Designated Areas.
Amendment 48 was placed on formal public exhibition during the period 29 May 2004 to 30 June 2004.
In accordance with section 18 of the Act, a report on the consultation process was provided to the Minister at the time of seeking his approval. The Authority’s Report on Consultations stated that no submissions were received during the exhibition period. However, during the Authority’s consideration of Amendment 48 the question of sponsorship signs in the Parliamentary Zone arose.
Clause 5.7 of the National Capital Plan currently prohibits sponsorship signs in the Parliamentary Zone and other key areas of the National Capital. This limits the opportunities to attract non-Government investment and patronage in the Parliamentary Zone as foreshadowed by the Parliamentary Zone Review Outcomes. These were incorporated in the National Capital Plan through Amendment 33, approved in September 2001.
The Authority altered the amendment to allow sponsorship signs in the Parliamentary Zone where such signs comply with a comprehensive Project or Precinct Signage Plan approved by the Authority. As the Authority is likely to be the proponent of such signage and Parliament has the final approval, the Authority is satisfied that the current policy can be relaxed without jeopardising the high standards of planning and design required in the Parliamentary Zone. The prohibition on sponsorship signs in other areas covered by Clause 5.7 remains.
On 19 July 2004, the Territory planning authority (the ACT Planning and Land Authority - ACTPLA) wrote to the Authority advising that ACTPLA has no objection to the Amendment.
The Office of Regulation Review’s advice was sought on the need for a Regulation Impact Statement. The Office of Regulation Review wrote to the Authority on
8 July 2004 agreeing that a Regulation Impact Statement was not required as the proposed amendment to the National Capital Plan does not have a direct or significant indirect impact on business and does not restrict competition.
Prior to approval by the Minister, the Joint Standing Committee on the National Capital and External Territories considered the Amendment. The Committee advised Minister Lloyd on 11 February 2005 that it had resolved not to inquire into Amendment 48.
Overview
The Australian Capital Territory (Planning and Land Management) Act 1988 was enacted to establish the framework for planning and land management within the Australian Capital Territory (ACT). The Act provides the National Capital Authority (Authority) with the responsibility to prepare, administer, and propose amendments to the National Capital Plan. Amendment 48, approved by Mr Jim Lloyd, Minister for Local Government, Territories and Roads, on 24 February 2005, addresses the Signs Policies within the National Capital Plan, specifically to allow minor increases in the size of signage on bus shelters in Designated Areas and to permit sponsorship signs in the Parliamentary Zone, provided they comply with a comprehensive signage plan approved by the Authority. This amendment seeks to balance the need for controlled signage with opportunities for non-Government investment and patronage in the Parliamentary Zone, while maintaining the high standards of planning and design required in these areas. The Amendment was subjected to a public consultation process with no submissions received, and it was advised by the ACT Planning and Land Authority and the Office of Regulation Review that no Regulation Impact Statement was necessary.
Scope and Application
The Australian Capital Territory (Planning and Land Management) Act 1988 applies to the National Capital Authority, which is responsible for the preparation, administration, and amendment of the National Capital Plan, including the Signs Policies. Amendment 48 of the Act, approved by the Minister for Local Government, Territories and Roads, focuses on the flexibility provisions of signs in Designated Areas and the allowance of sponsorship signs in the Parliamentary Zone, subject to the approval of a comprehensive signage plan by the Authority. The amendment extends the flexibility in the Signs Policies, permitting minor increases in the size of signage on bus shelters in Designated Areas and allowing sponsorship signs in the Parliamentary Zone, provided they adhere to an approved signage plan. The amendment does not extend to other areas covered by Clause 5.7 of the National Capital Plan, which still prohibits sponsorship signs in key areas outside the Parliamentary Zone. The Amendment was subject to public exhibition, and no objections were raised by the ACT Planning and Land Authority. The amendment does not require a Regulation Impact Statement as it is deemed not to significantly impact business or competition.
Key Provisions
The Australian Capital Territory (Planning and Land Management) Act 1988 Amendment 48, which pertains to the National Capital Plan, introduces changes to the Signs Policies, particularly relating to flexibility in signage size and the allowance of sponsorship signs in the Parliamentary Zone. Section 6 of the Act designates the National Capital Authority (Authority) as responsible for preparing and administering the National Capital Plan, including proposing amendments as necessary. Amendment 48, approved by Mr Jim Lloyd, Minister for Local Government, Territories and Roads, on 24 February 2005, specifically extends the flexibility in the Signs Policies to allow minor increases in the size of signage on bus shelters in Designated Areas, as outlined in Appendix H of the Plan. Furthermore, it permits sponsorship signs in the Parliamentary Zone if they comply with a comprehensive signage plan approved by the Authority for a specific project or precinct.
Amendment 48 imposes certain obligations on parties involved with the National Capital Plan. The National Capital Authority must ensure that any proposed changes align with the overarching objectives of the Plan, particularly maintaining the aesthetic integrity of the National Capital. Additionally, any party proposing signage changes must adhere to the new guidelines set forth in Amendment 48, including obtaining necessary approvals from the Authority. The Parliamentary Zone’s sponsorship signs must be part of a comprehensive plan that the Authority approves, ensuring these signs do not detract from the area's high standards of planning and design.
In terms of enforcement, the Act does not explicitly detail specific offences, penalties, or civil/criminal consequences for breaches of the new signage policies introduced by Amendment 48. However, the National Capital Plan and the Act’s overarching provisions likely incorporate mechanisms for enforcement and compliance. Non-compliance could potentially lead to revocation of permissions, fines, or other regulatory actions as deemed appropriate by the Authority. The disallowance process outlined in the Act allows for either House of Parliament to challenge and potentially reject the Amendment, highlighting the legislative oversight on these changes.