EXPLANATORY STATEMENT
AUSTRALIAN CAPITAL TERRITORY
(PLANNING AND LAND MANAGEMENT) ACT 1988
APPROVAL OF AMENDMENT 67 OF THE NATIONAL CAPITAL PLAN
PROVISIONS FOR MOBILE HOME PARK BLOCKS 6 & 8 SECTION 97 AND BLOCK 17 SECTION 102 SYMONSTON
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 67 of the National Capital Plan Provisions for Mobile Home Park Blocks 6 & 8 Section 97 and Block 17 Section 102 Symonston 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 67 on 5 October 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 67 makes provisions for Mobile Home Park on Blocks 6 & 8 Section 97 and Block 17 Section 102 Symonston.
Amendment 67 also adds a definition of Mobile Home Park to Appendix A: Land Use Definitions of the National Capital Plan.
“Mobile Home Park means the use of land to accommodate mobile homes or caravans, whether temporary of permanent, and includes amenity buildings used for the personal comfort or convenience of or enjoyment of leisure by persons using a mobile home or caravan for residential accommodation in the Mobile Home Park, and may include a Caravan Park/Camping Ground.”
Draft Amendment 67 (DA67) was advertised for consultation in The Canberra Times on Saturday, 21 July 2007 and in the Commonwealth of Australia Gazette on Wednesday 25 July 2007. The consultation period ended on 31 August 2007.
There was fairly limited community interest in DA67 with the NCA receiving eleven (11) submissions. Following a review of the submissions, the Authority agreed that no changes were required to DA67 as exhibited.
The DA67 document which was released for public comment, was formally referred to the ACT Planning and Land Authority (ACTPLA) on 23 July 2007 and on 9 August 2007 ACTPLA confirmed it supported DA67.
The Office of Best Practice Regulation advised a Regulation Impact Statement or a Business Cost Calculator report is not required.
On 27 July 2007 the Minister for Local Government, Territories and Roads (Lloyd) referred DA67 to the Joint Standing Committee on the National Capital and External Territories (JSC). The JSC advised that it did not require a briefing on DA67 on 13 August 2007.
Overview
The Australian Capital Territory (Planning and Land Management) Act 1988 was enacted to provide a comprehensive framework for the planning and management of land in the Australian Capital Territory. This legislation addresses the need for effective regulation and management of land use to support the development and sustainability of the nation's capital. The Act assigns the responsibility of preparing and administering the National Capital Plan to the National Capital Authority (NCA), ensuring that land use is aligned with the broader strategic objectives for the territory. Amendment 67, approved by the Minister for Local Government, Territories and Roads on 5 October 2007, specifically targets the provisions for Mobile Home Park on Blocks 6 & 8 Section 97 and Block 17 Section 102 Symonston, introducing a new definition of "Mobile Home Park" to the land use definitions in the National Capital Plan. The amendment process involved public consultation, with the NCA receiving submissions and ultimately deciding that no changes were necessary. The amendment was laid before both Houses of Parliament as a disallowable instrument under the Legislative Instruments Act 2003, allowing for potential disallowance if either House passes a resolution within fifteen sitting days.
Scope and Application
The Australian Capital Territory (Planning and Land Management) Act 1988 applies to the National Capital Authority, which is responsible for preparing, administering, and proposing amendments to the National Capital Plan, including the approval of amendments such as Amendment 67. This amendment specifically addresses the provisions for Mobile Home Park on Blocks 6 & 8 Section 97 and Block 17 Section 102 in Symonston. The amendment also includes a definition for "Mobile Home Park" which encompasses the use of land for accommodating mobile homes or caravans, whether temporary or permanent, and includes related amenity buildings. Amendment 67 was subject to a public consultation process, receiving limited feedback, and was ultimately approved by the Minister for Local Government, Territories and Roads. The amendment was laid before both Houses of Parliament as a disallowable instrument, subject to potential disallowance within a specified period. The amendment has a defined geographic scope, impacting the designated land blocks in Symonston, and does not extend beyond the jurisdictional boundaries of the Australian Capital Territory.
Key Provisions
The Australian Capital Territory (Planning and Land Management) Act 1988 (the Act) designates the National Capital Authority (NCA) as the body responsible for the preparation, administration, and ongoing review of the National Capital Plan (section 6). Amendment 67, approved by the Minister for Local Government, Territories and Roads on 5 October 2007, introduces provisions specifically for Mobile Home Park Blocks 6 and 8 in Section 97 and Block 17 in Section 102 of Symonston (section 19). This amendment is a disallowable instrument laid before both Houses of Parliament under the Legislative Instruments Act 2003. If either House passes a disallowance resolution within fifteen sitting days of the amendment being laid, the amendment can be nullified in whole or in part.
Amendment 67 imposes certain obligations on the NCA and other parties involved in the administration of the National Capital Plan. The NCA must ensure that the amendment is properly prepared, reviewed, and aligned with the requirements of the Act. Furthermore, it must facilitate a consultation period during which stakeholders can provide feedback on the proposed changes. This includes advertising the draft amendment in relevant publications and considering any submissions received. The amendment also mandates that the ACT Planning and Land Authority review and confirm their support for the draft amendment, ensuring it meets all necessary planning and land management standards.
The Act does not explicitly outline specific offences or penalties for breaches related to the approval or implementation of Amendment 67. However, general provisions within the Act may apply to any non-compliance with planning and land management regulations. Typically, breaches of planning regulations can result in enforcement actions, fines, or other penalties as deemed appropriate by the relevant authorities. It is essential for all parties to adhere to the provisions of the amendment to avoid any potential repercussions under the Act.