National Capital Plan - Amendment 70 - Section 87 and Part Sections 83 and 85 Fyshwick and Appendix E

Overview

The Australian Capital Territory (Planning and Land Management) Act 1988 is a legislative framework governing planning and land management within the Australian Capital Territory. This Act was enacted to ensure efficient and sustainable land use, including the preparation and administration of the National Capital Plan by the National Capital Authority (NCA). One of the key gaps this Act aimed to address was the need for a cohesive and forward-looking planning strategy that balances development with the preservation of the Territory's unique character. Amendment 70, approved by The Hon Brendan O’Connor MP, Minister for Home Affairs, on 25 February 2010, is an example of the Act's ongoing evolution, facilitating industrial development in specific areas and accommodating water management initiatives as part of the National Water Initiative. This amendment was subjected to a consultation period and was subsequently reviewed by the ACT Planning and Land Authority, affirming its alignment with the overarching objectives of the Act. The amendment, now laid before both Houses of Parliament, underscores the legislative intent to streamline planning processes while addressing contemporary urban and environmental challenges.

Scope and Application

The Australian Capital Territory (Planning and Land Management) Act 1988 applies to the National Capital Authority, which is responsible for the preparation, administration, and review of the National Capital Plan, including proposing amendments as necessary. Amendment 70 of the National Capital Plan, approved by the Hon Brendan O'Connor MP, Minister for Home Affairs, pertains to the modification of land use policies for Section 87 and Part Sections 83 and 85 Fyshwick, changing these areas from Broadacre Areas to Urban Areas to facilitate industrial development. Additionally, the amendment adjusts Appendix E Water Quality Policies to accommodate the National Water Initiative stormwater and reticulation projects in the ACT, as well as recognising the existing use of water extraction from Lake Burley Griffin for irrigation purposes. These changes aim to streamline the amendment process by addressing two distinct yet related updates concurrently. Public consultation on the draft amendment was conducted, and feedback was incorporated following review by the Joint Standing Committee on the National Capital and External Territories. The amendment is subject to disallowance by either House of Parliament if a resolution to that effect is passed within fifteen sitting days of its laying before the House.

Key Provisions

The Australian Capital Territory (Planning and Land Management) Act 1988, as amended by Amendment 70 of the National Capital Plan, introduces significant changes to the land use policy for Section 87 and Part Sections 83 and 85 of Fyshwick, along with updates to the Water Quality Policies in Appendix E (sections 6, 14 to 22). These amendments, approved by The Hon Brendan O'Connor MP on 25 February 2010, transition the land use policy from Broadacre Areas to Urban Areas, facilitating industrial development on these sites. Additionally, the amendment recognises the existing use of water extraction from Lake Burley Griffin for irrigation purposes and aims to accommodate the National Water Initiative stormwater and reticulation projects in the ACT. These changes are part of a streamlined amendment process and have been laid before both Houses of Parliament as a disallowable instrument. Under this Act, the National Capital Authority (NCA) has the responsibility to prepare, administer, and propose amendments to the National Capital Plan (section 6). The amendment process involves public consultation, as evidenced by the advertisement of Draft Amendment 70 (DA70) in The Canberra Times, The Chronicle, and the Commonwealth of Australia Gazette. The NCA received two written submissions during the consultation period, which concluded on 20 October 2009. The amendment was subsequently reviewed and adjusted in response to feedback from the Joint Standing Committee on the National Capital and External Territories (JSC), leading to the inclusion of water extraction from Lake Burley Griffin in Appendix E. The Act imposes several obligations on the parties involved in the amendment process. Firstly, the NCA must ensure that the amendment to the National Capital Plan is prepared in accordance with sections 14 to 22 of the Act. Public consultation is mandatory, and submissions received during the consultation period must be reviewed and considered in the final amendment. The JSC plays a significant role in providing feedback and recommendations on the proposed amendments, as seen in the handling of DA70. Furthermore, the Office of Best Practice Regulation determines whether a Regulation Impact Statement or a Business Cost Calculator report is required for the amendment. Breaches of the provisions set out in the Australian Capital Territory (Planning and Land Management) Act 1988 may lead to various civil and criminal consequences, depending on the nature and severity of the breach. The Act does not explicitly state penalties for breaches; however, penalties for non-compliance with planning and land management regulations are typically outlined in related legislation, such as the Planning and Development Act 2007 (ACT). Offences under this Act may result in fines, imprisonment, or both, with penalties varying depending on the specific offence. In cases of civil consequences, the court may order restitution, injunctions, or other remedies to address the breach and its impacts.