EXPLANATORY STATEMENT
Australian Capital Territory (Planning and Land Management) Act 1988
APPROVAL OF AMENDMENT 70 OF THE NATIONAL CAPITAL PLAN
SECTION 87 AND PART SECTIONS 83 AND 85 FYSHWICK AND APPENDIX E
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 70 of the National Capital Plan - Section 87 and Part Sections 83 and 85 Fyshwick and Appendix E, has been prepared in accordance with sections 14 to 22 of the Act.
The Hon Brendan O’Connor MP, Minister for Home Affairs, approved Amendment 70 on
25 February 2010, 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.
The first part of the amendment changes the land use policy for Section 87 and Part Sections 83 and 85 Fyshwick in the General Policy Plan – Metropolitan Canberra from Broadacre Areas to Urban Areas. The amendment will facilitate industrial development on these sites.
The second part of the amendment changes Appendix E Water Quality Policies of the Plan to facilitate National Water Initiative (NWI) stormwater and reticulation projects in the ACT and will recognize the existing use of water extraction from Lake Burley Griffin for irrigation purposes.
The two changes are unrelated, however have been proposed as one amendment to improve the efficiency of the amendment process.
Draft Amendment 70 (DA70) was advertised for consultation in The Canberra Times on Saturday 5 September 2009, The Chronicle on Tuesday 8 September 2009 and in the Commonwealth of Australia Gazette on Wednesday 9 September 2009. The consultation period ended on 20 October 2009.
The NCA received two (2) written submissions on DA70. Following a review of the submissions and in light of comments received from the Joint Standing Committee on the National Capital and External Territories (the JSC), one (1) change to DA70 as publicly exhibited was made by the NCA. This change was made at the request of the JSC and related to the inclusion of the use of water extraction from Lake Burley Griffin in the Appendix E component of the amendment.
DA70, as released for public comment, was formally referred to the ACT Planning and Land Authority (ACTPLA) on 7 September 2009 and on 23 September 2009 ACTPLA confirmed it supported the amendment.
The Office of Best Practice Regulation advised a Regulation Impact Statement or a Business Cost Calculator report is not required.
On 1 October 2009 the Minister for Home Affairs referred DA70 to the Joint Standing Committee on the National Capital and External Territories (JSC). The JSC was given a briefing on DA70 on 18 November 2009. On 23 November 2009, the JSC advised it did not wish to conduct an inquiry into the amendment.