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.
Overview
The Australian Capital Territory (Planning and Land Management) Act 1988 was enacted to provide a framework for the orderly and sustainable development of the Australian Capital Territory, ensuring that planning and land management decisions align with the Territory's long-term goals. The Act empowers the National Capital Authority (NCA) to prepare and administer the National Capital Plan, which guides the development of the Territory. Amendment 76 of the Plan, approved by the Hon. Simon Crean MP, Minister for Regional Australia, Regional Development and Local Government, on 15 November 2012, was introduced to address a gap in the clarity of Policy 4.4(d) concerning minor adjustments at the boundaries of Urban Areas. This amendment ensures that minor adjustments can be made based on detailed design, while maintaining the NCA's oversight role. The amendment was subjected to a consultation period and no objections were raised, affirming its compatibility with human rights as outlined in the Human Rights (Parliamentary Scrutiny) Act 2011.
Scope and Application
The Australian Capital Territory (Planning and Land Management) Act 1988 applies to the governance and administration of land management and planning within the Australian Capital Territory (ACT). The Act specifically empowers the National Capital Authority (NCA) to prepare, administer, review, and propose amendments to the National Capital Plan, which governs land use and development in the ACT. The legislation applies to entities involved in planning and land management within the territory, including the NCA, the ACT government, and other relevant authorities and stakeholders. The scope of the Act is confined to the ACT, and it does not extend beyond the territory's jurisdictional boundaries. The Act may be subject to amendments and subordinate instruments that extend or restrict its application. In the case of Amendment 76 of the Plan, the Act authorised the NCA to propose and implement changes to Policy 4.4(d) concerning urban areas, which was approved by the Minister and subjected to parliamentary scrutiny. The amendment aims to clarify the policy's intent and allows for minor adjustments at the boundaries of urban areas and other land use policy areas based on detailed design by the Territory planning authority. The amendment ensures that the ACT government must seek certification that their proposals align with the broader principles and policies of the Plan.
Key Provisions
The key operative sections of the Australian Capital Territory (Planning and Land Management) Act 1988, as amended by Amendment 76, focus on updating and clarifying Policy 4.4(d) for Urban Areas within the National Capital Plan (section 6). This amendment, approved by the Hon. Simon Crean MP on 15 November 2012, introduces a clearer policy that allows minor adjustments at the boundaries of Urban Areas and other land use policy areas, based on detailed design by the Territory planning authority. This amendment is laid before Parliament as a disallowable instrument under the Legislative Instruments Act 2003, meaning it can be disallowed by either House of Parliament if a resolution is passed within 15 sitting days of its laying. The amendment was publicly exhibited and consulted on, with no changes made based on the feedback received.
The Act imposes several obligations and requirements on the parties involved. The National Capital Authority (NCA) is tasked with preparing, administering, and reviewing the National Capital Plan and proposing amendments as necessary (section 6). For the amendments to take effect, they must be approved by the relevant Minister and laid before Parliament. The Territory planning authority must also seek certification from the NCA that any proposals for adjustments are consistent with the broader principles and policies of the Plan. Furthermore, the Legislative Instrument must be compatible with human rights, as stated in the Statement of Compatibility with Human Rights, ensuring that the amendment does not engage any of the applicable rights or freedoms.
In terms of consequences for non-compliance, the Act does not explicitly detail specific offences, penalties, or civil/criminal consequences for breaches of the Amendment 76. However, the disallowance process under the Legislative Instruments Act 2003 provides a mechanism for addressing non-compliance. If either House of Parliament passes a resolution to disallow the amendment, it ceases to have effect, thereby acting as a deterrent for non-compliance with the planning and land management policies outlined in the National Capital Plan. The compatibility with human rights also ensures that any actions taken under the amendment are within the bounds of internationally recognised human rights standards.