EXPLANATORY STATEMENT
Australian Capital Territory (Planning and Land Management) Act 1988
APPROVAL OF AMENDMENT 79 OF THE NATIONAL CAPITAL PLAN
REMOVAL OF WEST BASIN PEDESTRIAN BRIDGE
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 79 of the Plan – West Basin Pedestrian Bridge, has been prepared in accordance with sections 14 to 22 of the Act.
The Hon. Catherine King MP, Minister for Regional Services, Local Communities and Territories, approved Amendment 79 on 14 May 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 purpose of DA79 is to remove references to a pedestrian bridge connecting the Acton Peninsula to the Parliamentary Zone at Lennox Gardens, Yarralumla across the West Basin of Lake Burley Griffin.
The pedestrian bridge was originally included in the Plan in 2006 as part of Amendment 61, one of a series of amendments stemming from The Griffin Legacy. The pedestrian bridge became known as ‘Immigration Bridge’ when Immigration Bridge Australia put forward a proposal for a commemorative bridge in this location.
Subsequent to the 2009 Joint Standing Committee on the National Capital and External Territories Inquiry into Immigration Bridge and due to ongoing community opposition, Immigration Bridge Australia advised the NCA that they would abandon the original plan for a commemorative pedestrian bridge. An alternative site has been allocated for a memorial to immigration.
Draft Amendment 79 (DA79) was advertised for consultation in The Canberra Times on Saturday 3 November 2012, and in the Commonwealth Notices Gazette on Wednesday 7 November 2012. The consultation period ended on 14 December 2012.
The NCA received seven written submissions in response to DA79. No changes were made to DA79 as publicly exhibited.
On 14 November 2012, DA79 was formally referred to the ACT Government Environment and Sustainable Development Directorate (ESDD). On 30 November 2012, ESDD responded to DA79. No objection was raised to DA79 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 79 – Removal of West Basin Pedestrian Bridge
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 removes all references to a pedestrian bridge crossing the West Basin of Lake Burley Griffin from Acton Peninsula to the Parliamentary Zone.
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.