National Capital Plan - Amendment 59 - City Hill Precinct

Overview

The Australian Capital Territory (Planning and Land Management) Amendment (City Hill Precinct) Instrument 2006 (Amendment 59) is an amendment to the Australian Capital Territory (Planning and Land Management) Act 1988. The primary aim of this Act is to facilitate effective land management and urban planning in the Australian Capital Territory. Amendment 59 was introduced to address the need for a revised framework governing the development of the City Hill Precinct, ensuring its alignment with the vision for it to become the symbolic and geographical centre of Canberra Central. This amendment was approved by the Minister for Local Government, Territories and Roads, the Hon Jim Lloyd MP, on 30 November 2006, in accordance with the legislative provisions outlined in the Act. The amendment was subsequently laid before both Houses of Parliament as a disallowable instrument under the Legislative Instruments Act 2003, allowing for potential disallowance if either House passes a resolution within fifteen sitting days of the amendment being tabled.

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, specifically focusing on the preparation and administration of the National Capital Plan by the National Capital Authority. Amendment 59 of the National Capital Plan, City Hill Precinct, approved by the Minister for Local Government, Territories and Roads, is an instance of the Act in action, targeting the City Hill Precinct to ensure its development aligns with the symbolic and geographical centrality of Canberra Central. This amendment is subject to disallowance by either House of Parliament if a resolution is passed within fifteen sitting days of the amendment being laid before them. The amendment was subject to a public consultation period, during which feedback was considered, leading to minor changes before final approval. The amendment does not require a Regulation Impact Statement as it is deemed minor or machinery in nature, not substantially altering existing arrangements.

Key Provisions

The Australian Capital Territory (Planning and Land Management) Act 1988 (the Act) designates the National Capital Authority (NCA) as the body responsible for preparing, administering, and proposing amendments to the National Capital Plan (section 6). Amendment 59 of the National Capital Plan, specifically concerning the City Hill Precinct, outlines a framework of land uses and planning and urban design policies aimed at guiding future development in the precinct, ensuring it becomes the symbolic and geographical centre of Canberra Central (section 14 to 23). The Minister for Local Government, Territories and Roads, the Hon Jim Lloyd MP, approved Amendment 59 on 30 November 2006, in accordance with section 19 of the Act. This amendment is subject to disallowance by either House of Parliament if a resolution is passed within fifteen sitting days of the amendment being laid before that House, as per the Legislative Instruments Act 2003. The process of developing Amendment 59 involved several steps in compliance with the Act. Draft Amendment 59, City Hill Precinct (DA59) was released for public consultation from 17 August 2006 to 29 September 2006, as required by subsection 15(1) and section 24 of the Act. Public notices were published in The Canberra Times on 19 August 2006 and in the Commonwealth of Australia Gazette on 23 August 2006. During this period, the NCA sought advice from the Office of Regulation Review on the need for a Regulation Impact Statement (RIS). On 22 September 2006, the Office of Regulation Review concluded that DA59 did not require a RIS as it was considered minor or machinery in nature and did not substantially alter existing arrangements. The ACT Planning and Land Authority (ACTPLA) reviewed DA59 and expressed broad support, requesting minor technical and administrative changes, which were incorporated where relevant. ACTPLA also made minor alterations to DA59 based on submissions received during the consultation period, and on 28 November 2006, ACTPLA confirmed it had no issues with the altered version of DA59. The obligations and requirements imposed by the Act on the NCA, ACTPLA, and other involved parties include the duty to prepare and administer the National Capital Plan, ensure the plan is under constant review, and propose necessary amendments. The NCA is also required to facilitate public consultation on proposed amendments, as evidenced by the release of DA59 for consultation and the publication of public notices. The ACTPLA's role involves reviewing draft amendments, providing feedback, and making recommendations for changes. The Act mandates that the Minister for Local Government, Territories and Roads approve the amendment, which must then be laid before Parliament, allowing for the possibility of disallowance by either House. The Act does not explicitly detail specific offences, penalties, or civil/criminal consequences for breaches related to the approval or implementation of amendments to the National Capital Plan. However, the process of disallowance by either House of Parliament serves as a form of oversight and corrective action should the amendment be deemed inappropriate or in need of revision. This parliamentary mechanism ensures that amendments are subject to scrutiny and can be rejected if they do not meet legislative or public expectations.