EXPLANATORY STATEMENT
AUSTRALIAN CAPITAL TERRITORY
(PLANNING AND LAND MANAGEMENT) ACT 1988
APPROVAL OF AMENDMENT 66
OF THE NATIONAL CAPITAL PLAN
DIPLOMATIC MISSION YARRALUMLA
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 66 of the National Capital Plan – Diplomatic Mission Yarralumla has been prepared in accordance with sections 14 to 22 of the Act.
The Minister for Local Government, Territories and Roads, the Hon Jim Lloyd MP, approved Amendment 66 on 27 July 2007, 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 66 changes the land use policies for Blocks 2 and 3 Section 44 Yarralumla to Diplomatic mission and part of Blocks 6 and 8 Section 128 Yarralumla to Open Space (the remainder of these blocks are currently Open Space).
Amendment 66 adds to the diplomatic estate within the established Yarralumla diplomatic precinct and ensures that an open space corridor (including bicycle path) is maintained between Parliament House and Lake Burley Griffin.
Draft Amendment 66 (DA66) was advertised for consultation in the Commonwealth of Australia Gazette on Friday 1 June 2007 and in The Canberra Times on Saturday 2 June 2007. The consultation period was open until 25 June 2007.
There was minimal community interest in DA66 with the NCA receiving a total of nine (9) submissions. Following a review of the submissions, the NCA made some minor alterations to DA66.
The DA66 document which was released for public comment, was formally referred to the ACT Planning and Land Authority (ACTPLA) on 1 June 2007. On 4 July ACTPLA responded with a number of issues regarding DA66. On 11 July 2007 the NCA provided ACTPLA with a response to the issues raised, including a acceptance of a revision to DA66 as suggested by ACTPLA. On 13 July 2007 ACTPLA advised that the basis of the NCA’s response it supports DA66.
The Office of Regulation Review (ORR) in the Productivity Commission advised a Regulation Impact Statement is not required.
On 7 June 2007 the Minister for Local Government, Territories and Roads (Lloyd) referred DA66 to the Joint Standing Committee on the National Capital and External Territories (JSC). On 13 July 2007 the Chairman of the Committee, Senator Ross Lightfoot, confirmed the Committee would not be conducting an inquiry into DA66.
Overview
The Australian Capital Territory (Planning and Land Management) Act 1988, enacted by the Australian Capital Territory Parliament, was introduced to provide a comprehensive framework for planning and managing land use in the Australian Capital Territory. The Act empowers the National Capital Authority to prepare, administer, and propose amendments to the National Capital Plan, ensuring orderly development and protection of the Territory's land. Amendment 66 of the National Capital Plan – Diplomatic Mission Yarralumla was approved by the Minister for Local Government, Territories and Roads, the Hon Jim Lloyd MP, on 27 July 2007, to adjust land use policies within the Yarralumla diplomatic precinct, adding to the diplomatic estate while maintaining open space between Parliament House and Lake Burley Griffin. This amendment was subjected to public consultation and reviewed by the ACT Planning and Land Authority, leading to minor alterations before receiving support from the relevant authorities.
Scope and Application
The Australian Capital Territory (Planning and Land Management) Act 1988 applies to the land use policies within the Australian Capital Territory, specifically focusing on the National Capital Plan which is administered by the National Capital Authority. This Act provides the legislative framework for the amendment of land use policies within the established diplomatic precinct at Yarralumla, encompassing Blocks 2 and 3 Section 44 Yarralumla and part of Blocks 6 and 8 Section 128 Yarralumla. Amendment 66, approved by the Minister for Local Government, Territories and Roads, changes these land use policies to facilitate the establishment of a diplomatic mission while also ensuring the preservation of an open space corridor, including a bicycle path, between Parliament House and Lake Burley Griffin. The amendment was subjected to a brief consultation period and received minimal community interest, with nine submissions received by the NCA. The amendment is subject to disallowance by either House of Parliament if a resolution is passed within fifteen sitting days of the Amendment being laid before the House. The Act ensures that the amendment process includes consultation and consideration by relevant authorities, such as the ACT Planning and Land Authority, and acknowledges the minimal regulatory impact of this amendment as assessed by the Office of Regulation Review.
Key Provisions
The Australian Capital Territory (Planning and Land Management) Act 1988 (the Act) includes specific provisions regarding the administration and amendment of the National Capital Plan. Section 6 of the Act assigns the National Capital Authority (NCA) with the responsibility for preparing, administering, and proposing amendments to the National Capital Plan. Amendment 66 of the National Capital Plan, specifically concerning the diplomatic mission at Yarralumla, was approved by the Minister for Local Government, Territories and Roads, the Hon Jim Lloyd MP, on 27 July 2007 in accordance with section 19 of the Act. This amendment was subsequently laid before both Houses of Parliament as a disallowable instrument under the Legislative Instruments Act 2003, meaning either House could pass a resolution to disallow the amendment within fifteen sitting days after it was laid.
Amendment 66 alters the land use policies for Blocks 2 and 3 Section 44 Yarralumla, designating them for Diplomatic mission use, and for part of Blocks 6 and 8 Section 128 Yarralumla, designating them as Open Space. This amendment ensures the preservation of an open space corridor, including a bicycle path, between Parliament House and Lake Burley Griffin, thereby maintaining the scenic and functional linkage between these significant landmarks. The Draft Amendment 66 (DA66) was made available for public consultation, receiving minimal community interest with only nine submissions, following which minor alterations were made to the draft.
Entities and parties governed by the Act, particularly the NCA, are required to follow a transparent and consultative process when proposing amendments to the National Capital Plan. This involves advertising the draft amendment for public consultation, as seen in the case of DA66, and considering any submissions received. The NCA must also coordinate with the ACT Planning and Land Authority (ACTPLA) and respond to any concerns or issues raised during the review process. Additionally, the Minister for Local Government, Territories and Roads has the authority to refer draft amendments to relevant parliamentary committees for review, although such committees may decide not to conduct an inquiry, as was the case with DA66.
Breaches of the requirements or failure to comply with the provisions of the Act may lead to civil or criminal consequences. While the Explanatory Statement does not specify the exact penalties for non-compliance, the Act itself or related regulations may outline these. Generally, penalties for breaches of planning and land management legislation can include fines, legal action, and potential revocation of planning approvals or permits. The specific penalties would depend on the nature and severity of the breach, as defined by the relevant sections of the Act or subsidiary legislation.