EXPLANATORY STATEMENT
Australian Capital Territory (Planning and Land Management) Act 1988
APPROVAL OF AMENDMENT 74 OF THE NATIONAL CAPITAL PLAN
SECTION 5 CAMPBELL
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 (the Plan), for keeping the Plan under constant review and for proposing amendments to the Plan when necessary. Amendment 74 of the Plan – Section 5 Campbell, has been prepared in accordance with sections 14 to 22 of the Act.
The Hon Simon Crean MP, Minister for Regional Australia, Regional Development and Local Government, approved Amendment 74 on 15 November 2012, 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 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 74 adjusts the land use boundaries within Section 5 Campbell. This adjustment does not result in an increase in the development area or a decrease in open space.
Parking requirements have been clarified and strengthened to reinforce the objective that Constitution Avenue becomes an urban boulevard with frequent public transport services. The NCA retains the discretion to require higher rates of parking where it cannot be adequately demonstrated that parking will not significantly adversely impact on the surrounding neighbourhood.
Detailed conditions of planning, design and development have been introduced for Section 5 Campbell in addition to the existing controls contained within Appendix T8 of the Plan.
Draft Amendment 74 (DA74) was advertised for consultation in The Canberra Times and the Commonwealth Notices Gazette on Wednesday 22 February 2012. The consultation period ended on 5 April 2012.
The NCA received 47 written submissions on DA74. Twenty changes were made to DA74 as publicly exhibited.
DA74 was formally referred to the ACT Government Environment and Sustainable Development Directorate (ESDD) on 22 February 2012. On 16 April 2012, ESDD responded with no objection raised to DA74 proceeding.
The Office of Best Practice Regulation advised a Regulation Impact Statement is not required.
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
National Capital Plan - Amendment 74 - Section 5 Campbell
This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Overview of the Legislative Instrument
The Legislative Instrument adjusts the land use boundaries within Section 5 Campbell. The adjustment of land use boundaries does not result in an increase in the development area or a decrease in open space.
Parking requirements have been clarified and strengthened to reinforce the objective that Constitution Avenue becomes an urban boulevard with frequent public transport services. The NCA retains the discretion to require higher rates of parking where it cannot be adequately demonstrated that parking will not significantly adversely impact on the surrounding neighbourhood.
Detailed conditions of planning, design and development have been introduced for Section 5 Campbell in addition to the existing controls contained within Appendix T8 of the National Capital Plan.
The Legislative Instrument relates to planning and design policy only and is compatible with human rights in the seven core United Nations human rights treaties.
Human rights implications
This Legislative Instrument does not engage any of the applicable rights or freedoms.
Conclusion
This Legislative Instrument is compatible with human rights as it does not raise any human rights issues.
Overview
The Australian Capital Territory (Planning and Land Management) Amendment (National Capital Plan Amendment 74 – Section 5 Campbell) Instrument 2012 was enacted to address specific planning and land management issues within Section 5 of Campbell in the Australian Capital Territory. This amendment, approved by the Hon Simon Crean MP, Minister for Regional Australia, Regional Development and Local Government, on 15 November 2012, seeks to refine land use boundaries without altering the development area or open space. Furthermore, the amendment aims to enhance parking regulations to support the transformation of Constitution Avenue into an urban boulevard with enhanced public transport services, while allowing the National Capital Authority discretion to impose stricter parking requirements if necessary to mitigate neighbourhood impacts. Additionally, it introduces more stringent planning, design, and development conditions for Section 5 Campbell, supplementing the existing controls outlined in Appendix T8 of the National Capital Plan.
Scope and Application
The Australian Capital Territory (Planning and Land Management) Act 1988 applies to the National Capital Authority and the administration of the National Capital Plan, specifically in relation to Amendment 74 of Section 5 Campbell. This amendment was approved by The Hon Simon Crean MP, Minister for Regional Australia, Regional Development and Local Government, on 15 November 2012, and aims to adjust land use boundaries, clarify and strengthen parking requirements to support the transformation of Constitution Avenue into an urban boulevard, and introduce detailed conditions of planning, design and development for Section 5 Campbell. The amendment does not increase development area or decrease open space, and the National Capital Authority retains discretion to require higher rates of parking where necessary. The amendment is subject to disallowance by either House of Parliament within 15 sitting days after being laid before them. Public consultation was conducted through advertisements in The Canberra Times and the Commonwealth Notices Gazette, with 47 written submissions received and 20 changes made to the draft amendment as a result. The Office of Best Practice Regulation determined that a Regulation Impact Statement was not required, and the amendment has been assessed as compatible with human rights under the Human Rights (Parliamentary Scrutiny) Act 2011.
Key Provisions
The main operative sections of the Amendment 74 of the National Capital Plan, which pertains to Section 5 Campbell, involve the adjustment of land use boundaries, clarification and reinforcement of parking requirements, and the introduction of detailed conditions of planning, design, and development. Section 6 of the Australian Capital Territory (Planning and Land Management) Act 1988 mandates that the National Capital Authority (NCA) is responsible for preparing, administering, and proposing amendments to the National Capital Plan when necessary. Amendment 74, approved by the Hon Simon Crean MP on 15 November 2012, aligns with these provisions by adjusting land use boundaries without altering the development area or open space. It also strengthens parking requirements to ensure that Constitution Avenue becomes an urban boulevard with frequent public transport services. The NCA retains the discretion to require higher rates of parking if it cannot be demonstrated that parking will not adversely impact the surrounding neighbourhood. Furthermore, detailed planning, design, and development conditions have been introduced, supplementing existing controls within Appendix T8 of the Plan.
The Act imposes several obligations on the parties and entities it governs. Firstly, the NCA must ensure that any adjustments to land use boundaries, such as those made under Amendment 74, do not result in an increase in the development area or a decrease in open space. Secondly, the NCA must clarify and strengthen parking requirements to support the objective of making Constitution Avenue an urban boulevard with frequent public transport services. The NCA is also obligated to retain discretion in requiring higher parking rates if necessary to protect the surrounding neighbourhood from significant adverse impacts. Additionally, the Act requires that detailed conditions of planning, design, and development are introduced and adhered to for Section 5 Campbell, in addition to the controls outlined in Appendix T8 of the Plan.
Under the Australian Capital Territory (Planning and Land Management) Act 1988, there are potential civil and criminal consequences for breaches of the Act's provisions. While the specific penalties are not detailed in the explanatory statement, the Act generally allows for enforcement actions, fines, and other legal remedies to be pursued against parties or entities that fail to comply with the Act's requirements. For instance, if the NCA does not adequately adjust land use boundaries or clarify parking requirements as mandated, it may face legal challenges or penalties. Similarly, developers and other entities that do not adhere to the detailed conditions of planning, design, and development may face fines, injunctions, or other enforcement actions. The exact penalties would depend on the nature and severity of the breach, as well as any relevant regulations or guidelines.