EXPLANATORY STATEMENT
AUSTRALIAN CAPITAL TERRITORY
(PLANNING AND LAND MANAGEMENT) ACT 1988
APPROVAL OF AMENDMENT 56
OF THE NATIONAL CAPITAL PLAN
GRIFFIN LEGACY PRINCIPLES AND POLICIES
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 56 of the National Capital Plan, Griffin Legacy Principles and Policies 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 56 on 30 November 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 56 sets out The Griffin Legacy – Principles and Policies to form a basis for making planning and urban design decisions for the Central National Area, its landscape setting and approaches.
In accordance with subsection 15(1) and section 24 of the Act, the NCA released Draft Amendment 56, Griffin Legacy Principles and Policies of the Plan (DA56) for consultation from 5 August 2006 to 29 September 2006. A public notice was placed in The Canberra Times on 5 August 2006 and in the Commonwealth of Australia Gazette on 9 August 2006.
On 10 August 2006 the NCA sought the advice of the Office of Regulation Review on the need for a Regulation Impact Statement (RIS). On 15 August 2006 the Office of Regulation Review advised that DA56 will not require a RIS as the amendment appears to be minor or machinery in nature and does not alter existing arrangements substantially.
On 30 October 2006, the Authority agreed to minor alterations to DA56 based on the submissions received during consultation.
On 31 October 2006 the ACT Planning and Land Authority advised that it had no issues with the altered version of DA56 and reaffirmed this position on 28 November 2006.
Overview
The Australian Capital Territory (Planning and Land Management) Act 1988 was enacted to establish a framework for the planning and management of land within the Australian Capital Territory, aiming to ensure orderly and sustainable development while preserving the unique character of the national capital. This legislation vests the responsibility of preparing and administering the National Capital Plan in the National Capital Authority, which must keep the Plan under constant review and propose necessary amendments. Amendment 56 of the National Capital Plan, Griffin Legacy Principles and Policies, was introduced to address the need for a comprehensive set of guiding principles for planning and urban design decisions in the Central National Area, its landscape setting, and its approaches, with a particular focus on preserving the legacy of Walter Burley Griffin, the original planner of Canberra. The Amendment was approved by the Minister for Local Government, Territories and Roads on 30 November 2006 and is subject to disallowance by either House of Parliament within fifteen sitting days of being laid before them, as per the Legislative Instruments Act 2003. The Amendment was developed through a consultation process that included public notice and feedback collection, and it was deemed not to require a Regulation Impact Statement due to its minor nature.
Scope and Application
The Australian Capital Territory (Planning and Land Management) Act 1988 applies to the planning and management of land within the Australian Capital Territory, overseen by the National Capital Authority (NCA). The Act assigns the NCA the responsibility of preparing, administering, and proposing amendments to the National Capital Plan, as well as keeping it under constant review. Amendment 56 of the National Capital Plan, Griffin Legacy Principles and Policies, which pertains to planning and urban design decisions for the Central National Area, its landscape setting, and its approaches, was approved by the Minister for Local Government, Territories and Roads on 30 November 2006. The amendment was subject to a consultation period from 5 August 2006 to 29 September 2006, during which minor alterations were made based on public submissions. The Act's jurisdictional reach is limited to the Australian Capital Territory, and it extends its application through subordinate instruments, such as the National Capital Plan. The amendment is subject to disallowance by either House of Parliament if a resolution is passed within fifteen sitting days of being laid before that House.
Key Provisions
The Australian Capital Territory (Planning and Land Management) Act 1988 (the Act) designates the National Capital Authority (NCA) as the entity responsible for preparing, administering, and amending the National Capital Plan (section 6). Amendment 56, approved by the Minister for Local Government, Territories and Roads on 30 November 2006 (section 19), introduces the Griffin Legacy Principles and Policies to guide planning and urban design decisions within the Central National Area and its approaches. This Amendment is laid before both Houses of Parliament as a disallowable instrument under the Legislative Instruments Act 2003, subject to possible disallowance by either House within fifteen sitting days of its laying (section 15(1), section 24).
Amendment 56 imposes specific obligations on the NCA, primarily centred around the preparation, consultation, and implementation phases of the Griffin Legacy Principles and Policies. Initially, the NCA released Draft Amendment 56 for public consultation from 5 August to 29 September 2006, with notices published in The Canberra Times and the Commonwealth of Australia Gazette on 5 August and 9 August 2006, respectively. The consultation period allowed stakeholders to provide feedback, which the NCA considered in making final adjustments. Additionally, on 10 August 2006, the NCA sought advice from the Office of Regulation Review regarding the need for a Regulation Impact Statement (RIS) for the draft amendment. After the Office's assessment on 15 August 2006 that a RIS was unnecessary, the NCA proceeded with minor alterations to the draft based on the feedback received.
In terms of civil and criminal consequences, the Explanatory Statement does not explicitly outline specific offences, penalties, or consequences for breach under Amendment 56. However, the disallowance process outlined in the Legislative Instruments Act 2003 (section 15(1)) provides a mechanism through which the Amendment can be challenged and potentially invalidated if either House of Parliament passes a resolution of disallowance within fifteen sitting days of its laying. Such disallowance would render the Amendment or part of it ineffective, underscoring the importance of adherence to legislative procedures and stakeholder engagement in the amendment process.