National Capital Plan - Amendment 63 - Molonglo and North Weston

Overview

The Australian Capital Territory (Planning and Land Management) Amendment Act 2008 (F2008L03633), enacted to address urban development needs in specific areas while safeguarding the National Capital Open Space System, was introduced to address the need for balancing urban growth with environmental protection in the Australian Capital Territory. The National Capital Authority, as the responsible body under section 6 of the Act, prepared Amendment 63 of the National Capital Plan to enable urban development in North Weston and parts of the Molonglo Valley, while ensuring that the National Capital Open Space System is adequately protected. The Hon Bob Debus MP, Minister for Home Affairs, approved Amendment 63 on 24 September 2008, in accordance with section 19 of the Act. This amendment has been laid before both Houses of Parliament as a disallowable instrument under the Legislative Instruments Act 2003, subject to potential disallowance if either House passes a resolution within fifteen sitting days of the Amendment being laid before it.

Scope and Application

Amendment 63 of the Australian Capital Territory (Planning and Land Management) Act 1988, which pertains to the Molonglo and North Weston areas, aims to facilitate urban development while ensuring the protection of the National Capital Open Space System. This amendment applies to the National Capital Authority (NCA) and the geographic areas of North Weston and parts of the Molonglo Valley within the Australian Capital Territory. The amendment has undergone a consultation process, receiving 68 written submissions and ongoing engagement with community groups, before being approved by the Hon Bob Debus MP on 24 September 2008. It is subject to disallowance by either House of Parliament within fifteen sitting days of being laid before them. The amendment was developed in accordance with the Act and has been supported by the ACT Planning and Land Authority. Notably, no Regulation Impact Statement or Business Cost Calculator report was required for this amendment.

Key Provisions

The Australian Capital Territory (Planning and Land Management) Act 1988 (the Act) includes various provisions that govern the planning and land management in the Australian Capital Territory. Section 6 of the Act assigns the National Capital Authority (NCA) with the responsibility of preparing, administering, and constantly reviewing the National Capital Plan. The Act further mandates the NCA to propose amendments to the Plan when necessary (ss. 14-22). Amendment 63 of the National Capital Plan, specifically concerning Molonglo and North Weston, was approved by the Hon Bob Debus MP, the Minister for Home Affairs, on 24 September 2008 in accordance with section 19 of the Act. This Amendment enables urban development in North Weston and parts of the Molonglo Valley while ensuring adequate protection of the National Capital Open Space System. Under the Act, the NCA has the obligation to prepare and propose amendments to the National Capital Plan in accordance with sections 14 to 22. This involves a thorough review process and public consultation, as demonstrated by the consultation period for Draft Amendment 63 (DA63) from 1 September to 23 November 2007. The NCA received 68 written submissions and engaged in ongoing consultations with community groups and individuals. The Amendment had to be reviewed, and any necessary changes were to be made following this consultation and an environmental study. The ACT Planning and Land Authority (ACTPLA) supported the revised DA63 on 21 July 2008, and the Office of Best Practice Regulation confirmed that a Regulation Impact Statement or a Business Cost Calculator report was not required. The Minister for Home Affairs referred DA63 to the Joint Standing Committee on the National Capital and External Territories (JSC) on 24 August 2008, but the JSC decided not to conduct an inquiry into DA63 on 4 September 2008. The Act imposes several requirements on the parties involved in the amendment process. The NCA must ensure that the proposed amendments are made in accordance with the legislative provisions and that they are subject to public consultation. The Minister for Home Affairs has the authority to approve amendments under section 19 of the Act. The Amendment must be laid before both Houses of Parliament as a disallowable instrument in accordance with the Legislative Instruments Act 2003. If either House passes a resolution to disallow the Amendment or part of it within fifteen sitting days, the Amendment or part thereof ceases to have effect. This legislative framework ensures that the amendment process is transparent, inclusive, and subject to parliamentary scrutiny. Failure to comply with the provisions of the Act or the approved Amendment can result in various civil and criminal consequences. Although specific offences and penalties are not detailed in the provided text, breaches of planning and land management regulations typically incur fines and other penalties as prescribed by the relevant legislation. The maximum penalties can vary depending on the severity and nature of the breach. Additionally, non-compliance can lead to legal actions and orders from the courts to enforce compliance or rectify the breach. It is essential for all parties involved to adhere to the requirements set out in the Act and the approved Amendment to avoid any potential legal repercussions.