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.
Overview
The Australian Capital Territory (Planning and Land Management) Act 1988 was enacted to provide for the effective planning and management of land in the Australian Capital Territory. This legislation establishes the framework within which the National Capital Plan is prepared, administered, and amended by the National Capital Authority. The purpose of Amendment 77 of the National Capital Plan, approved on 18 June 2013, is to introduce overnight camping on part of Block 624 Gungahlin, enabling the construction of modest infrastructure to support temporary accommodation for walking trails in the area. The amendment was subject to a consultation period from 5 September to 19 October 2012, during which two written submissions were received, with no changes made to the draft. The amendment has been deemed compatible with human rights as outlined in the Human Rights (Parliamentary Scrutiny) Act 2011, as it does not engage any applicable rights or freedoms.
Scope and Application
The Australian Capital Territory (Planning and Land Management) Act 1988 applies to the National Capital Authority, which is responsible for preparing, administering, and proposing amendments to the National Capital Plan. This legislative framework ensures that planning and land management within the Australian Capital Territory are conducted in a manner that aligns with broader strategic and environmental objectives. The Act is applicable to specific entities and individuals involved in the planning and development processes within the territory, particularly those interacting with the National Capital Plan. Amendment 77 of the Plan, which was approved on 18 June 2013, targets the Elm Grove campsite (Part Block 624 Gungahlin), allowing overnight camping and the construction of modest infrastructure to support temporary accommodation for walking trails. 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. The amendment was subject to public consultation and received input from the ACT Government Environment and Sustainable Development Directorate, which raised no objections to its progression. The compatibility of this amendment with human rights has been affirmed, as it does not engage any of the applicable rights or freedoms under the relevant international human rights treaties.
Key Provisions
The primary sections of the Amendment 77 of the National Capital Plan involve the addition of "Elm Grove campsite" to areas where "Overnight Camping" is permitted. Specifically, section 6 of the Australian Capital Territory (Planning and Land Management) Act 1988 (the Act) outlines the National Capital Authority's (NCA) role in preparing and administering the National Capital Plan. Amendment 77, approved by the Hon. Catherine King MP on 18 June 2013, adds this campsite to the list of permitted uses, enabling overnight camping in Part Block 624 Gungahlin to support walking trails. This amendment also allows the ACT government to construct modest infrastructure to support this accommodation.
The obligations imposed by the Act on the NCA and the ACT government include the requirement to prepare, administer, and constantly review the National Capital Plan, as well as to propose amendments when necessary. In this instance, the NCA must ensure that the campsite is developed in accordance with the specified permitted use and that the infrastructure is modest and supportive of the intended purpose. The ACT government is also required to adhere to the consultation process outlined in the Act, which was followed by advertising the draft amendment in The Canberra Times and the Commonwealth Notices Gazette, and allowing a consultation period for public submissions.
The Amendment 77 is subject to disallowance by either House of Parliament if a resolution is passed within 15 sitting days of the Amendment being laid before that House. If either House disallows the Amendment or part of it, the disallowed Amendment or part ceases to have effect. There are no specific offences, penalties, or civil/criminal consequences mentioned for breaches of the Amendment 77 itself; however, general provisions of the Act may apply to any non-compliance. The legislative instrument also confirms its compatibility with human rights as it does not engage any of the applicable rights or freedoms, ensuring that it adheres to the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.