TABLING STATEMENT
AUSTRALIAN CAPITAL TERRITORY
(PLANNING AND LAND MANAGEMENT) ACT 1988
APPROVAL OF AMENDMENT 52
OF THE NATIONAL CAPITAL PLAN
Part Block 1502 Belconnen
Section 6 of the Australian Capital Territory (Planning and Land Management) Act 1988 (the Act) provides that the National Capital 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 52 of the National Capital Plan (Part Block 1502 Belconnen) has been prepared in accordance with sections 14 to 22 of the Act.
The Minister for Local Government, Territories and Roads, the Hon Jim Lloyd MP, approved Amendment 52 on 31 May 2006, in accordance with section 19 of the Act.
The Amendment is being laid before both Houses of Parliament as a disallowable instrument in accordance with the Legislative Instruments Act 2003. If either House, in pursuance of a motion of which notice has been given within fifteen (15) 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 52 deletes the “Uncommitted Land” land use policy from Part Block 1502 Belconnen and replaces it with a Development Node. It also extends the Open Space (Park) land use policy to include a strip of land adjoining the Tuggeranong Parkway to accommodate a multiuse corridor and limits development of Part Block 1502 Belconnen to a zoo and associated tourist facilities. Amendment 52 also requires the zoo to be generally screened from the Tuggeranong Parkway with the site having an appropriate open woodland landscape character and for the buildings and structures to be subject to design controls to ensure that they are of high quality and generally unobtrusive when viewed from Tuggeranong Parkway.
Amendment 52 also requires a Master Plan to be submitted and approved before the proposal to perform works is submitted to the Authority.
Draft Amendment 52 (DA52) was advertised for consultation in The Canberra Times on Saturday, 3 December 2005 and in the Commonwealth of Australia Gazette on Wednesday 7 December 2005. The consultation period was open until 23 December 2005.
There was widespread community interest in DA52 with the NCA receiving a total of 64 submissions. Following a review of the submissions, the NCA made some very minor alterations to DA52.
The DA 52 document which was released for public comment, was formally referred to the ACT planning authority (ACTPLA) on 30 November 2005 and the altered version of DA52 was subsequently referred to ACTPLA on 8 February 2006. ACTPLA has confirmed it has no issues with DA 52.
The Office of Regulation Review (ORR) in the Productivity Commission advised a Regulation Impact Statement is not required.
On XX XXX 2006 Minister (Lloyd) referred DA 52 to the Joint Standing Committee on the National Capital and External Territories (JSC). Several members of the JSC inspected the zoo expansion area on 12 May 2006 and following the inspection the chairman of the JSC Senator Ross Lightfoot confirmed the Committee would not be conducting an inquiry into DA52.
Overview
The Australian Capital Territory (Planning and Land Management) Act 1988 was enacted to provide a framework for the planning and management of land in the Australian Capital Territory, addressing the need for a structured approach to urban development and land use. This legislation established the National Capital Authority as the primary body responsible for preparing, administering, and reviewing the National Capital Plan, ensuring the orderly and sustainable development of the capital. Amendment 52 of the National Capital Plan, approved by the Minister for Local Government, Territories and Roads, the Hon Jim Lloyd MP, on 31 May 2006, further refines the planning framework by altering the land use policies in Part Block 1502 Belconnen. The Amendment removes the “Uncommitted Land” designation and replaces it with a Development Node, while extending the Open Space (Park) policy to include a strip of land for a multiuse corridor. It also restricts development in the area to a zoo and associated tourist facilities, with stringent design controls to maintain the visual integrity of the Tuggeranong Parkway. The Amendment was subject to public consultation and review by the Australian Capital Territory planning authority, which confirmed no issues with the proposed changes.
Scope and Application
The Australian Capital Territory (Planning and Land Management) Act 1988 applies to the regulation and management of land use within the Australian Capital Territory, and specifically addresses the planning and development of land in designated areas such as Part Block 1502 Belconnen. Under this Act, the National Capital Authority is tasked with preparing, administering, and proposing amendments to the National Capital Plan. Amendment 52 of the Plan, approved by the Minister for Local Government, Territories and Roads, pertains to land use modifications in Part Block 1502 Belconnen, including the replacement of the "Uncommitted Land" land use policy with a Development Node, and the extension of the Open Space (Park) land use policy to include a strip of land adjoining the Tuggeranong Parkway. This amendment also restricts development in the area to a zoo and associated tourist facilities, with specific requirements for site screening, landscape character, and design controls for buildings and structures. The amendment is subject to disallowance by either House of Parliament if a resolution to that effect is passed within fifteen sitting days of the amendment being tabled. The amendment process involved public consultation, review of submissions, and confirmation from the ACT planning authority that no issues were present.
Key Provisions
Section 6 of the Australian Capital Territory (Planning and Land Management) Act 1988 (the Act) establishes the National Capital Authority’s role in preparing and administering the National Capital Plan, including proposing necessary amendments. In line with these provisions, the Minister for Local Government, Territories and Roads, the Hon Jim Lloyd MP, approved Amendment 52 of the National Capital Plan on 31 May 2006. This Amendment, concerning Part Block 1502 Belconnen, modifies land use policies, removes the “Uncommitted Land” policy, and introduces a Development Node. It also extends the Open Space (Park) land use policy to include a multiuse corridor along the Tuggeranong Parkway, restricts development in the area to a zoo and tourist facilities, and mandates that the zoo be screened from the Parkway and maintain an open woodland landscape character.
Amendment 52 imposes several obligations on entities and individuals involved in the development of Part Block 1502 Belconnen. The zoo must comply with specific design controls to ensure buildings and structures are of high quality and unobtrusive from the Parkway. Additionally, a Master Plan must be submitted and approved before any works proposal is presented to the National Capital Authority. This amendment ensures that development in the area adheres to stringent landscape and design standards, preserving the aesthetic and functional integrity of the surrounding environment.
Failure to comply with the requirements set out in Amendment 52 could result in various consequences. If either House of Parliament passes a resolution disallowing the Amendment within 15 sitting days of it being laid before the House, the Amendment or part of it will cease to have effect. For breaches of the land use and design controls, penalties may apply under other sections of the Act or relevant planning regulations. While the specific penalties are not detailed in the Amendment itself, non-compliance with planning and land management regulations can typically result in fines, legal action, or other administrative measures to enforce adherence to the approved plans and policies.