EXPLANATORY STATEMENT
Australian Capital Territory (Planning and Land Management) Act 1988
APPROVAL OF AMENDMENT 77 OF THE NATIONAL CAPITAL PLAN
ELM GROVE CAMPSITE (PART BLOCK 624 GUNGAHLIN)
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 77 of the Plan – Elm Grove campsite (Part Block 624 Gungahlin), has been prepared in accordance with sections 14 to 22 of the Act.
The Hon. Catherine King MP, Minister for Minister for Regional Services, Local Communities and Territories, approved Amendment 77 on 18 June 2013, 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 will allow overnight camping on a part of Block 624 Gungahlin. This will enable the site to provide temporary accommodation to support walking trails in the area. The addition of ‘Elm Grove campsite’ to areas where ‘Overnight Camping’ is a permitted use will allow the ACT government to construct modest infrastructure on the site to support this accommodation.
Draft Amendment 77 (DA77) was advertised for consultation in The Canberra Times on Wednesday 5 September 2012, and in the Commonwealth Notices Gazette on Wednesday 5 September 2012. The consultation period ended on 19 October 2012.
The NCA received two written submissions on DA77. No changes were made to DA77 as publicly exhibited.
On 12 September 2012, DA77 was formally referred to the ACT Government Environment and Sustainable Development Directorate (ESDD). On 19 October 2012, ESDD responded to DA77. No objection was raised to DA77 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 77 – Elm Grove campsite (Part Block 624 Gungahlin)
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 adds ‘Elm Grove campsite’ to areas where ‘Overnight Camping’ is a permitted use in the Hills Ridges and Buffer Spaces of the National Capital Open Space System.
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.