EXPLANATORY STATEMENT
AUSTRALIAN CAPITAL TERRITORY
(PLANNING AND LAND MANAGEMENT) ACT 1988
APPROVAL OF AMENDMENT 60
OF THE NATIONAL CAPITAL PLAN
CONSTITUTION AVENUE
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 60 of the National Capital Plan, Constitution Avenue 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 60 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 60 sets out a framework of land uses and planning and urban design policies to guide future development along Constitution Avenue from London Circuit to Russell.
In accordance with subsection 15(1) and section 24 of the Act, the NCA released Draft Amendment 60, Constitution Avenue, of the Plan (DA60) for consultation from 17 August 2006 to 29 September 2006. A public notice was placed in The Canberra Times on 19 August 2006 and in the Commonwealth of Australia Gazette on 23 August 2006.
On 18 August 2006 the NCA sought the advice of the Office of Regulation Review on the need for a Regulation Impact Statement (RIS). On 22 September 2006 the Office of Regulation Review advised that DA60 will not require a RIS as the amendment appears to be minor or machinery in nature and does not alter existing arrangements substantially.
On 25 October 2006 the ACT Planning and Land Authority (ACTPLA) advised that it was broadly supportive of DA60 and sought minor technical and administrative changes. These changes were made where relevant.
On 30 October 2006, the Authority agreed to minor alterations to DA60 based on the submissions received during consultation.
On 28 November 2006 ACTPLA advised that it had no issues with the altered version of DA60.