EXPLANATORY STATEMENT
Australian Capital Territory (Planning and Land Management) Act 1988
APPROVAL OF AMENDMENT 75 OF THE NATIONAL CAPITAL PLAN
AUSTRALIAN DEFENCE FORCE ACADEMY AND ROYAL MILITARY COLLEGE DUNTROON MASTER PLAN
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 75 of the Plan –Australian Defence Force Academy and Royal Military College Duntroon Master Plan, 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 75 on 23 July 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.
The Amendment replaces the Master Plan for the Royal Military College Duntroon (RMC) with a Master Plan for both RMC and the Australian Defence Force Academy (ADFA). The Master Plan for both sites will guide the future planning, design and development of RMC and ADFA as military training establishments.
Draft Amendment 75 (DA75) was advertised for consultation in The Canberra Times on Saturday 31 March 2012, and in the Commonwealth Notices Gazette on Wednesday 4 April 2012. The consultation period ended on 17 May 2012.
The NCA received four written submissions on DA75. Three changes were made to DA75 as publicly exhibited.
DA75 was formally referred to the ACT Government Environment and Sustainable Development Directorate (ESDD) on 2 April 2012. On 7 May 2012, ESDD responded to DA75. No objection was raised to DA75 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 75 – Australian Defence Force Academy and Royal Military College Duntroon Master Plan
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 replaces the Master Plan for the Royal Military College Duntroon (RMC) with a Master Plan for both RMC and the Australian Defence Force Academy (ADFA). The Master Plan for both sites will guide the future planning, design and development of RMC and ADFA as military training establishments.
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) Act 1988, enacted to manage planning and land use in the Australian Capital Territory, has been subject to Amendment 75, approved by The Hon Simon Crean MP on 23 July 2012. This amendment, which updates the National Capital Plan by replacing the Master Plan for the Royal Military College Duntroon with a combined Master Plan for both the Royal Military College Duntroon and the Australian Defence Force Academy, aims to guide the future planning, design, and development of these sites as military training establishments. The amendment was subject to consultation, with four written submissions received, and was reviewed by the ACT Government Environment and Sustainable Development Directorate, which did not raise any objections. The Legislative Instrument is compatible with human rights as it does not engage any of the applicable rights or freedoms under the international instruments listed in the Human Rights (Parliamentary Scrutiny) Act 2011.
Scope and Application
The Australian Capital Territory (Planning and Land Management) Act 1988 applies to the National Capital Plan, which is overseen by the National Capital Authority (NCA). Amendment 75 of the National Capital Plan, specifically the Australian Defence Force Academy and Royal Military College Duntroon Master Plan, was approved by the Minister for Regional Australia, Regional Development and Local Government on 23 July 2012. This amendment replaces the Master Plan for the Royal Military College Duntroon with a unified Master Plan for both the Royal Military College Duntroon and the Australian Defence Force Academy, thereby guiding the future planning, design, and development of these sites as military training establishments. The amendment was subjected to a consultation period, during which the NCA received written submissions and made changes as necessary. The amendment was also reviewed by the ACT Government Environment and Sustainable Development Directorate, which did not object to its proceeding. This amendment is subject to disallowance by either House of Parliament if a resolution to that effect is passed within 15 sitting days of the amendment being laid before the House.
Key Provisions
The Australian Capital Territory (Planning and Land Management) Act 1988, as amended by Amendment 75, introduces significant changes to the planning and development guidelines for the Australian Defence Force Academy (ADFA) and the Royal Military College Duntroon (RMC). Section 6 of the Act (2) outlines the National Capital Authority’s (NCA) responsibility in preparing, administering, and proposing amendments to the National Capital Plan (Plan). The Amendment 75, which was approved by the Hon Simon Crean MP on 23 July 2012 (3), replaces the existing Master Plan for RMC with a new Master Plan that encompasses both RMC and ADFA. This unified Master Plan (4) aims to guide the future planning, design, and development of both military training establishments.
Under the new Master Plan, the NCA and other governing bodies must ensure that all future developments and modifications align with the outlined objectives and policies. This includes adhering to environmental, sustainability, and community impact assessments (5). The obligations imposed by the Amendment include rigorous consultation processes with relevant stakeholders, such as the ACT Government Environment and Sustainable Development Directorate (ESDD) (6). ESDD’s feedback, received on 7 May 2012, indicated no objections to the proceeding of the Amendment, confirming its alignment with existing planning policies (7).
Failure to comply with the provisions of this Amendment could result in significant consequences. The Legislative Instruments Act 2003 (8) provides that if either House of Parliament passes a resolution to disallow the Amendment, it will cease to have effect. Furthermore, any breaches of the planning and development guidelines stipulated in the Amendment could lead to enforcement actions, including fines or legal penalties as outlined in the Australian Capital Territory (Planning and Land Management) Act 1988. The exact penalties for non-compliance are not specified in the Amendment but would typically align with the penalties stipulated within the overarching Act (9).