EXPLANATORY STATEMENT
AUSTRALIAN CAPITAL TERRITORY
(PLANNING AND LAND MANAGEMENT) ACT 1988
APPROVAL OF AMENDMENT 63 OF THE NATIONAL CAPITAL PLAN
MOLONGLO AND NORTH WESTON
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 63 of the National Capital Plan Molonglo and North Weston has been prepared in accordance with sections 14 to 22 of the Act.
The Hon Bob Debus MP, the Minister for Home Affairs, approved Amendment 63 on 24 September 2008, 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 63 enables urban development to occur within North Weston and parts of the Molonglo Valley while ensuring adequate protection of the National Capital Open Space System.
Draft Amendment 63 (DA63) was advertised for consultation in The Canberra Times on Saturday, 1 September 2007, The Chronicle on 4 September 2007, The Australian on 8 September 2007 and in the Commonwealth of Australia Gazette on Wednesday 5 September 2007. The consultation period ended on 23 November 2007.
There has been on-going community interest in DA63. The NCA received sixty-eight (68) written submissions, and the NCA has undertaken on-going consultation with community groups and individuals. Following a review of the submissions, and a subsequent environmental study, the Authority agreed that a number of changes were required to DA63 as publicly exhibited.
The DA63 document which was released for public comment, was formally referred to the ACT Planning and Land Authority (ACTPLA) on 3 September 2007 and on 21 July 2008 ACTPLA confirmed it supported DA63 as revised.
The Office of Best Practice Regulation advised a Regulation Impact Statement or a Business Cost Calculator report is not required.
On 24 August 2008 the Minister for Home Affairs referred DA63 to the Joint Standing Committee on the National Capital and External Territories (JSC). The JSC was given a private briefing on DA63 on 3 September 2008. On 4 September 2008, the JSC advised it did not wish to conduct an inquiry into DA63.