EXPLANATORY STATEMENT
AUSTRALIAN CAPITAL TERRITORY
(PLANNING AND LAND MANAGEMENT) ACT 1988
APPROVAL OF AMENDMENT 57 OF THE NATIONAL CAPITAL PLAN
BLOCKS 12 & 13 SECTION 9 BARTON
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 (the Plan), for keeping the Plan under constant review and for proposing amendments to it when necessary. Amendment 57 of the National Capital Plan - Blocks 12 & 13 Section 9 Barton, has been prepared in accordance with sections 14 to 22 of the Act.
The Minister for Home Affairs, the Hon.Brendan O’Connor MP, approved Amendment 57 on 24 September 2009, 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 57 sets out a framework of land uses and urban design policies to guide future mixed use development (including office, retail and residential) on Blocks 12 & 13 Section 9 Barton.
Draft Amendment 57 (DA57) was advertised for consultation in The Canberra Times on Saturday, 28 March 2009, The Chronicle on 3 March 2009, and in the Commonwealth of Australia Gazette on Wednesday 4 March 2009. The consultation period ended on 15 April 2009.
The NCA received forty-six (46) written submissions in response to DA57. Following a review of the submissions the NCA agreed that a number of changes were required to DA57 as publicly exhibited.
The DA57 document which was released for public comment was formally referred to the ACT Planning and Land Authority (ACTPLA) on 2 March 2009. On 21 April 2009 ACTPLA confirmed it supported DA57.
The Office of Best Practice Regulation advised a Regulation Impact Statement or a Business Cost Calculator report is not required.
On 4 August 2009 the Minister for Home Affairs, the Hon Brendan O’Connor MP, referred DA57 to the Joint Standing Committee on the National Capital and External Territories (JSC). The JSC was given a private briefing on DA57 on 12 August 2009. On 21 August 2009 the JSC advised it did not wish to conduct an inquiry into DA57.