EXPLANATORY STATEMENT
AUSTRALIAN CAPITAL TERRITORY
(PLANNING AND LAND MANAGEMENT) ACT 1988
APPROVAL OF AMENDMENT 61
OF THE NATIONAL CAPITAL PLAN
WEST BASIN
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 61 of the National Capital Plan, West Basin 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 61 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 61 sets out a framework of land uses and planning and urban design policies to create a new urban waterfront, connecting the city to Lake Burley Griffin.
In accordance with subsection 15(1) and section 24 of the Act, the NCA released Draft Amendment 61, Constitution Avenue, of the Plan (DA61) 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 DA61 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 DA61 and sought minor technical and administrative changes. These changes were made where relevant.
On 30 October 2006, the Authority agreed to minor alterations to DA61 based on the submissions received during consultation.
On 28 November 2006 ACTPLA advised that it had no issues with the altered version of DA61.
Overview
The Australian Capital Territory (Planning and Land Management) Act 1988 was enacted to provide a framework for the planning and management of land in the Australian Capital Territory, aiming to address the need for coordinated and sustainable land use practices. The Act established the National Capital Authority (NCA) as the body responsible for preparing and administering the National Capital Plan, including proposing amendments when necessary. Amendment 61 of the National Capital Plan, West Basin was approved by the Minister for Local Government, Territories and Roads, the Hon Jim Lloyd MP, on 30 November 2006, and it outlines a framework for land uses and planning policies to develop a new urban waterfront connecting the city to Lake Burley Griffin. The Amendment was subject to public consultation and review, and it was determined that it did not require a Regulation Impact Statement. The ACT Planning and Land Authority provided feedback and minor changes were incorporated before the final approval of the Amendment.
Scope and Application
The Australian Capital Territory (Planning and Land Management) Act 1988, as amended by Amendment 61, applies to the territory of the Australian Capital Territory, governing the planning and management of land within its jurisdiction. This Act primarily affects entities involved in land use and urban development, including the National Capital Authority, which is tasked with preparing, administering, and proposing amendments to the National Capital Plan. The amendment introduces a framework for creating a new urban waterfront that connects the city to Lake Burley Griffin, thereby impacting the industries and conduct related to urban planning and development within the territory. The amendment was approved by the Minister for Local Government, Territories and Roads, and is subject to disallowance by either House of Parliament if a disallowance resolution is passed within fifteen sitting days of the amendment being laid before them. The amendment does not specify exclusions or exemptions but rather sets out a new set of policies and land use provisions that developers, urban planners, and other stakeholders must adhere to within the territory. Subordinate instruments may extend the application of this amendment by providing further details or specific regulations necessary to implement the changes outlined in Amendment 61.
Key Provisions
The key operative sections of the Australian Capital Territory (Planning and Land Management) Act 1988 Amendment 61 of the National Capital Plan, West Basin, focus on the framework of land uses and planning and urban design policies. Section 6 of the Act designates the National Capital Authority (NCA) as responsible for preparing, administering, and proposing amendments to the National Capital Plan. This amendment, approved by the Minister for Local Government, Territories and Roads, the Hon Jim Lloyd MP, on 30 November 2006, introduces a new urban waterfront connecting the city to Lake Burley Griffin, as detailed in sections 14 to 23 of the Act. The amendment was subject to public consultation from 17 August 2006 to 29 September 2006, with public notices published in The Canberra Times and the Commonwealth of Australia Gazette on 19 and 23 August 2006, respectively. The NCA's consultation with the Office of Regulation Review confirmed that the amendment did not require a Regulation Impact Statement as it was minor and did not substantially alter existing arrangements.
The Act imposes several obligations on the parties involved. The NCA must ensure that the National Capital Plan is kept under constant review and propose necessary amendments. During this process, the NCA is required to consult with stakeholders and the public, as mandated by section 24 of the Act. The ACT Planning and Land Authority (ACTPLA) is tasked with providing advice on the proposed amendments and ensuring that they align with planning and urban design policies. Both the NCA and ACTPLA must consider feedback from consultations and make necessary adjustments to the draft amendment before final approval. Furthermore, the Minister for Local Government, Territories and Roads must approve the amendment in accordance with section 19 of the Act.
Failure to comply with the provisions of the Act could lead to various consequences. The amendment is subject to disallowance if either House of Parliament passes a resolution within fifteen sitting days of it being laid before that House. If disallowed, the amendment or any part of it will cease to have effect. Additionally, any breaches of the planning and land management policies could result in enforcement actions by the relevant authorities. While specific penalties for breaches are not detailed in the explanatory statement, they may include fines, injunctions, or other civil or criminal penalties as prescribed by the Act or relevant legislation. The exact penalties would depend on the nature and severity of the breach.