TABLING STATEMENT
AUSTRALIAN CAPITAL TERRITORY
(PLANNING AND LAND MANAGEMENT) ACT 1988
APPROVAL OF AMENDMENT 54
OF THE NATIONAL CAPITAL PLAN
PARLIAMENTARY ZONE (SECTION 55 PARKES)
Section 6 of the Australian Capital Territory (Planning and Land Management) Act 1988 (the Act) provides that the National Capital Authority (the NCA) 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 54 of the National Capital Plan, Parliamentary Zone (Section 55 Parkes) has been prepared in accordance with sections 14 to 23 of the Act.
The Minister for Local Government, Territories and Roads, the Hon Jim Lloyd MP, approved Amendment 54 on 5 September 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 54 widens the range of uses permitted on Section 55 Parkes in the Parliamentary Zone by deleting the eighth paragraph under “Land Use and Development” in “Appendix T6. Master Plan for the Parliamentary Zone” which says the site (Section 55 Parkes) should be reserved for a significant national building, such as a National Theatre and Concert Hall and replacing it with a statement that says the site should be reserved for a significant national building and/or a significant national place of special status and interest.
In accordance with subsection 15(1) and section 24 of the Act, the NCA released Draft Amendment 54 (Section 55 Parkes) of the Plan (DA54) for consultation from Saturday 20 May 2006 to 9 June 2006. A public notice was placed in The Canberra Times on 20 May 2006 and in the Commonwealth of Australia Gazette on 24 May 2006.
The National Science and Technology Centre (Questacon) made the only submission on DA54. Questacon supported the proposed changes to the Plan as it will provide greater flexibility and planning opportunities for future uses for the site.
On 31 May 2006 the NCA sought the views of the ACT Planning and Land Authority (ACTPLA) on the proposal. On 22 June 2006 ACTPLA wrote to the NCA advising that it does not wish to raise any concerns regarding the draft amendment and has no further comments on the proposal.
On 31 May 2006 the NCA sought the advice of the Office of Regulation Review on the need for a Regulation Impact Statement (RIS). On 9 June 2006 the Office of Regulation Review advised that DA54 will not require a RIS as the amendment appears to be minor or machinery in nature and does not alter existing arrangements substantially.
On 29 May 2006 the Minister for Local Government, Territories and Roads (Lloyd) referred DA54 to the Joint Standing Committee on the National Capital and External Territories (the Committee), and advised the Committee of the release of DA54.
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, ensuring orderly and efficient development while preserving the Territory’s unique character and heritage. The Act establishes the National Capital Authority as the primary body responsible for preparing and administering the National Capital Plan, which includes proposals for amendments when necessary. Amendment 54 of the National Capital Plan, approved by the Minister for Local Government, Territories and Roads, Hon Jim Lloyd MP, on 5 September 2006, aims to modify the permitted uses on Section 55 Parkes in the Parliamentary Zone by allowing for a significant national building and/or a significant national place of special status and interest. This amendment was developed following consultation with relevant stakeholders, including the National Science and Technology Centre (Questacon), and does not require a Regulation Impact Statement as it is considered minor and machinery in nature.
Scope and Application
The Australian Capital Territory (Planning and Land Management) Act 1988, as amended by Amendment 54 of the National Capital Plan concerning Section 55 Parkes in the Parliamentary Zone, applies to the National Capital Authority, which is responsible for preparing and administering the National Capital Plan. The amendment allows for the site in question to be reserved for a significant national building and/or a significant national place of special status and interest, thereby expanding the range of uses permitted. The amendment was approved by the Minister for Local Government, Territories and Roads, the Hon Jim Lloyd MP, and has been laid before both Houses of Parliament as a disallowable instrument, subject to potential disallowance within fifteen sitting days of notice being given. The amendment follows a consultation process that included a public notice and consideration by the ACT Planning and Land Authority and the Office of Regulation Review, which determined that the amendment was minor and did not require a Regulation Impact Statement. The Amendment does not specify exclusions or thresholds and applies within the jurisdictional reach of the Australian Capital Territory.
Key Provisions
The Australian Capital Territory (Planning and Land Management) Act 1988 establishes the framework for planning and land management in the Australian Capital Territory. Section 6 of the Act places the responsibility of preparing, administering, and proposing amendments to the National Capital Plan with the National Capital Authority (NCA). Amendment 54 to the National Capital Plan, specifically concerning Section 55 Parkes in the Parliamentary Zone, was approved by the Minister for Local Government, Territories and Roads, the Hon Jim Lloyd MP, on 5 September 2006, in accordance with section 19 of the Act. This amendment expands the permitted uses for Section 55 Parkes by removing the restriction that the site be reserved for a significant national building, such as a National Theatre and Concert Hall, and instead allows for it to be reserved for a significant national building or a significant national place of special status and interest. The amendment was subject to a consultation period from 20 May 2006 to 9 June 2006, with a public notice placed in The Canberra Times and the Commonwealth of Australia Gazette. During this consultation period, only the National Science and Technology Centre (Questacon) provided feedback, supporting the amendment as it would provide greater flexibility for future uses of the site. The ACT Planning and Land Authority (ACTPLA) did not raise any concerns about the draft amendment, and the Office of Regulation Review determined that a Regulation Impact Statement was not necessary.
The obligations imposed by the Act on the NCA include the preparation, administration, and constant review of the National Capital Plan, as well as the proposal of amendments when necessary. The Act also requires that the NCA consult with relevant authorities and the public when proposing amendments. In this case, the NCA released Draft Amendment 54 (Section 55 Parkes) for consultation, sought the views of the ACTPLA and the Office of Regulation Review, and referred the draft amendment to the Joint Standing Committee on the National Capital and External Territories. These obligations ensure that the amendment process is transparent, inclusive, and well-considered.
The Act and its associated regulations provide for various civil and criminal consequences for non-compliance or breaches of the legislation. However, in the specific context of Amendment 54, there are no direct offences, penalties, or consequences outlined in the explanatory statement. Instead, the disallowance process allows for either House of Parliament to pass a resolution to disallow the amendment if they so choose within fifteen sitting days after it has been laid before them. If such a resolution is passed, the amendment or part of it will cease to have effect. This process ensures that there is parliamentary oversight and accountability for the amendments made to the National Capital Plan.