EXPLANATORY STATEMENT
AUSTRALIAN CAPITAL TERRITORY
(PLANNING AND LAND MANAGEMENT) ACT 1988
APPROVAL OF AMENDMENT 55
OF THE NATIONAL CAPITAL PLAN
(Office, Retail and Community Facility Uses) Block 16 Section 28 City
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 55 of the National Capital Plan, (Office, Retail and Community Facility uses) Block 16 Section 28 City 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 55 on 6 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 55 widens the range of uses permitted on Block 16 Section 28 City by enabling any part of the Block to be developed for a mix of Office, Retail and Community Facility uses, subject to a Community Facility (being an educational establishment for the Australian National University(ANU)) being part of any development.
In accordance with subsection 15(1) and section 24 of the Act, the NCA released Draft Amendment 55 (Office, Retail and Community Facility uses) Block 16 Section 28 City of the Plan (DA55) 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 ANU made the only submission on DA55. The ANU fully supports the Amendment to provide for Office, Retail and Community Facility uses.
On 25 May 2006 the Minister for Local Government, Territories and Roads (Lloyd) referred DA55 to the Joint Standing Committee on the National Capital and External Territories (the Committee), and advised the Committee of the release of DA55.
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 31 May 2006 the NCA sought the views of the ACT Planning and Land Authority (ACTPLA) on the proposal. On 27 June 2006 ACTPLA wrote to the NCA advising that it considers that, provided permitting a wider range of uses does not detract from the primary purpose of the land being for university related activities, the Draft Amendment is not inconsistent with the intentions and recommendations of the ANU Exchange Master Plan.
Overview
The Australian Capital Territory (Planning and Land Management) Amendment Act 2006, which was enacted in 2006, addresses the need for flexibility in the planning and land management of the National Capital to accommodate diverse uses that align with the broader objectives of urban development and community needs. The Act was introduced by the Australian Capital Territory's Parliament to amend the Australian Capital Territory (Planning and Land Management) Act 1988. The policy objective of this amendment is to enhance the utility of designated areas for mixed-use developments, thereby supporting the functional and economic vibrancy of the city while ensuring that the primary purpose of university-related activities is upheld. Amendment 55, approved by the Minister for Local Government, Territories and Roads, represents a strategic adjustment to the National Capital Plan, facilitating a mix of office, retail, and community facility uses on Block 16 Section 28 City, contingent on the inclusion of a community facility, specifically an educational establishment for the Australian National University. This amendment aims to better integrate urban functionality with the educational and community objectives of the region.
Scope and Application
The Australian Capital Territory (Planning and Land Management) Act 1988, as amended by Amendment 55, applies to Block 16 Section 28 City in the Australian Capital Territory, specifically concerning the planning and land management within this area. The Act, through the National Capital Authority, governs the preparation, administration, and amendments to the National Capital Plan, ensuring that the development of the area aligns with the overarching objectives of the Territory’s planning framework. This amendment broadens the permissible uses of the land in this specific block to include office, retail, and community facility uses, contingent upon the inclusion of a community facility, such as an educational establishment for the Australian National University. The Amendment 55 was approved by the Minister for Local Government, Territories and Roads, and is subject to disallowance by either House of Parliament if a disallowance motion is passed within fifteen sitting days of the Amendment being laid before them. The amendment follows the mandatory public consultation process and was reviewed by relevant authorities including the Joint Standing Committee on the National Capital and External Territories, the Office of Regulation Review, and the ACT Planning and Land Authority, ensuring compliance with existing plans and recommendations.
Key Provisions
The Australian Capital Territory (Planning and Land Management) Act 1988 (section 6) designates the National Capital Authority (NCA) as the body responsible for preparing, administering, and proposing amendments to the National Capital Plan. Amendment 55, approved by the Minister for Local Government, Territories and Roads on 6 September 2006, is a specific amendment to the Plan that widens the range of uses permitted on Block 16 Section 28 City to include a mix of office, retail, and community facility uses. This amendment requires that any development on the block must incorporate a community facility, specifically an educational establishment for the Australian National University (ANU). The ANU's support for this amendment was indicated in their sole submission during the consultation period, which ran from 20 May 2006 to 9 June 2006.
The obligations imposed by this Act include the requirement for the NCA to consult with relevant stakeholders, such as the ANU, and the ACT Planning and Land Authority (ACTPLA). The NCA must also ensure that any amendments to the Plan are in line with the primary purpose of the land being used for university-related activities. Additionally, the Act mandates that Draft Amendments be released for public consultation, as evidenced by the public notices placed in The Canberra Times and the Commonwealth of Australia Gazette on 20 May 2006 and 24 May 2006 respectively.
Failure to comply with the provisions of the Act could result in legal consequences. Although specific offences, penalties, or civil/criminal consequences are not detailed in the text, the Act provides for disallowance by either House of Parliament if a resolution is passed within fifteen sitting days of the Amendment being laid before that House. If such a resolution is passed, the Amendment or part of it ceases to have effect. This provision underscores the importance of adherence to the legislative requirements set out in the Act for the proper management and use of land in the Australian Capital Territory.