EXPLANATORY STATEMENT
Australian Capital Territory (Planning and Land Management) Act 1988
APPROVAL OF AMENDMENT 76 OF THE NATIONAL CAPITAL PLAN
POLICY 4.4(D) FOR URBAN AREAS
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 76 of the Plan – Policy 4.4(d) for Urban Areas, 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 76 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.
The Amendment clarifies the intent of Policy 4.4(d) of the Plan. Amendment 76 will introduce a clear policy into the Plan to permit minor adjustments at the boundary of Urban Areas and other land use policy areas based on detailed design conducted by the Territory planning authority. The policy will continue to recognise the NCA’s interest and role in these matters, and the Territory will need to seek certification that their proposals are not inconsistent with the broader principles and policies of the Plan.
Draft Amendment 76 (DA76) was advertised for consultation in The Canberra Times on Thursday 21 June 2012, and in the Commonwealth Notices Gazette on Thursday
21 June 2012. The consultation period ended on 2 August 2012.
The NCA received two written submissions on DA76. No changes were made to DA76 as publicly exhibited.
On 25 June 2012, DA76 was formally referred to the ACT Government Environment and Sustainable Development Directorate (ESDD). On 28 July 2012, ESDD responded to DA76. No objection was raised to DA76 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 76 - Policy 4.4(d) for Urban Areas
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 original Policy 4.4(d) with a clearer wording in line with its intent.
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.