National Capital Plan - Amendment 57 - Blocks 12 and 13 Section 9 Barton

Overview

The Australian Capital Territory (Planning and Land Management) Amendment Act 2009 (F2009L03763) was enacted to provide a legislative framework for the amendment of the National Capital Plan. This Act addresses the need to efficiently update and modernise the planning framework governing land use and development in the Australian Capital Territory. Enacted by the Australian Parliament, the Act aims to streamline the process of proposing and implementing amendments to the National Capital Plan. This is achieved through a structured consultation and review process, ensuring that changes to the plan are informed by public input and expert advice. The Act ensures that amendments to the National Capital Plan, such as Amendment 57 to Blocks 12 & 13 Section 9 Barton, follow a transparent and accountable process, ultimately contributing to the effective management of land and urban development in the national capital.

Scope and Application

The Australian Capital Territory (Planning and Land Management) Act 1988 applies to the National Capital Authority, which is responsible for the preparation, administration, and amendment of the National Capital Plan, including the approval of amendments such as Amendment 57. This amendment specifically addresses Blocks 12 & 13 Section 9 Barton and aims to establish a framework for future mixed-use development in that area. The Amendment was approved by the Minister for Home Affairs, the Hon. Brendan O’Connor MP, on 24 September 2009, and is subject to disallowance by either House of Parliament if a resolution is passed within fifteen sitting days of it being laid before the respective House. The amendment was subject to public consultation, with written submissions received and reviewed, and was supported by the ACT Planning and Land Authority upon review. The amendment is applicable within the Australian Capital Territory, affecting land use and urban design policies in the specified blocks of Barton.

Key Provisions

The Australian Capital Territory (Planning and Land Management) Act 1988, as amended by Amendment 57 of the National Capital Plan for Blocks 12 & 13 Section 9 Barton, outlines the framework for the administration of the National Capital Plan (NCP) and provides specific guidelines for mixed-use development in the designated area (s. 6). The National Capital Authority (NCA) is responsible for preparing, administering, and proposing amendments to the NCP as needed (s. 6). Amendment 57 was approved by the Minister for Home Affairs, Brendan O'Connor MP, on 24 September 2009, in accordance with the legislative process outlined in section 19 of the Act. This amendment has been laid before both Houses of Parliament as a disallowable instrument, which means it can be reviewed and potentially disallowed by either House within 15 sitting days of the laying of the instrument (Legislative Instruments Act 2003). Under the Act, the NCA must ensure that the NCP reflects current and future planning needs, and Amendment 57 sets out specific land use and urban design policies for Blocks 12 & 13 Section 9 Barton, focusing on mixed-use development that includes office, retail, and residential spaces. The public was given an opportunity to review and provide feedback on Draft Amendment 57 (DA57), which was advertised for consultation in The Canberra Times, The Chronicle, and the Commonwealth of Australia Gazette. The consultation period ended on 15 April 2009, and the NCA received 46 written submissions. Following this consultation, the NCA made several changes to DA57, which was subsequently referred to the ACT Planning and Land Authority (ACTPLA). The ACTPLA supported the amendment on 21 April 2009, and the Office of Best Practice Regulation determined that a Regulation Impact Statement or a Business Cost Calculator report was not required. The Act also outlines the consequences for non-compliance with its provisions. While the Explanatory Statement does not specify the exact nature of these consequences, it is likely that breaches of the planning and land management regulations could result in civil or criminal penalties. These penalties might include fines or other sanctions as stipulated under the relevant sections of the Act or other applicable legislation. The precise penalties would depend on the nature and severity of the breach, and would be determined by the courts or relevant regulatory authorities.