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.
Overview
The Australian Capital Territory (Planning and Land Management) Act 1988 was enacted to provide a comprehensive framework for the planning and land management within the Australian Capital Territory. This Act was introduced to address the need for effective and coordinated urban planning to manage the growth and development of the national capital. The National Capital Authority (NCA), established under the Act, is tasked with preparing, administering, and reviewing the National Capital Plan, which governs land use and urban design across the Territory. Amendment 60 of the National Capital Plan, specifically concerning Constitution Avenue, was approved by the Minister for Local Government, Territories and Roads, the Hon Jim Lloyd MP, on 30 November 2006. This amendment outlines a framework for future development along Constitution Avenue, from London Circuit to Russell, and was subject to public consultation between 17 August 2006 and 29 September 2006. The amendment was deemed minor and did not require a Regulation Impact Statement. The ACT Planning and Land Authority provided feedback leading to minor changes before final approval, ensuring the amendment aligns with existing planning and urban design policies.
Scope and Application
The Australian Capital Territory (Planning and Land Management) Act 1988 applies to the preparation, administration, and amendment of the National Capital Plan, which governs land use and urban development in the Australian Capital Territory. Specifically, the Act authorises the National Capital Authority to prepare and administer the National Capital Plan, propose amendments, and keep the Plan under constant review. This authority extends to approving Amendment 60 of the National Capital Plan, which pertains to the planning framework for Constitution Avenue. The Amendment was approved by the Minister for Local Government, Territories and Roads and laid before both Houses of Parliament as a disallowable instrument. The Amendment sets out land use and urban design policies to guide future development along Constitution Avenue from London Circuit to Russell. The Amendment was subject to public consultation and was deemed minor or machinery in nature, not requiring a Regulation Impact Statement. The Amendment is applicable to any persons or entities intending to develop land along Constitution Avenue, within the geographic boundaries of the Australian Capital Territory.
Key Provisions
The main sections of this legislation concern the amendment of the National Capital Plan for Constitution Avenue, from London Circuit to Russell. According to section 6 of the Australian Capital Territory (Planning and Land Management) Act 1988, the National Capital Authority (NCA) is tasked with preparing, administering, and amending the National Capital Plan as necessary. Amendment 60 of the Plan, approved by the Minister for Local Government, Territories and Roads on 30 November 2006, sets out the framework for land use and planning policies for future development along Constitution Avenue. This Amendment was made in accordance with sections 14 to 23 of the Act and is subject to disallowance by either House of Parliament within 15 sitting days if deemed necessary.
The obligations imposed by the Act require the NCA to consult with relevant stakeholders during the amendment process. Draft Amendment 60 was released for public consultation from 17 August 2006 to 29 September 2006, with notices published in The Canberra Times and the Commonwealth of Australia Gazette. During this period, the Office of Regulation Review was consulted regarding the need for a Regulation Impact Statement, which was ultimately deemed unnecessary due to the minor nature of the amendment. The ACT Planning and Land Authority (ACTPLA) also provided feedback on the draft, resulting in minor technical and administrative changes to the final version of Amendment 60. The consultation process is designed to ensure that all relevant parties have the opportunity to provide input and that the amendment reflects their concerns and interests.
Breaches of the requirements set out in the Act may have consequences under the Legislative Instruments Act 2003. If either House of Parliament passes a resolution disallowing the Amendment or part of it within 15 sitting days of it being laid before them, the Amendment or part so disallowed ceases to have effect. This provides a mechanism for the Parliament to review and potentially reject amendments to the National Capital Plan if they are deemed to be inappropriate or insufficiently justified. Additionally, failure to follow the consultation process or disregard the feedback received from stakeholders could result in legal challenges or public criticism, potentially undermining the legitimacy and effectiveness of the amendment process.