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.
Overview
The Australian Capital Territory (Planning and Land Management) Amendment Act 2013 was enacted to amend the Australian Capital Territory (Planning and Land Management) Act 1988, primarily addressing the issue of removing references to a pedestrian bridge across the West Basin of Lake Burley Griffin. This amendment, known as Amendment 79, was approved by the Hon. Catherine King MP, the Minister for Regional Services, Local Communities and Territories, and is subject to disallowance by either House of Parliament within 15 sitting days of being tabled. The amendment was developed in response to the original proposal for a pedestrian bridge, which had been included in the National Capital Plan as part of Amendment 61 in 2006. However, due to community opposition and the withdrawal of the proposal by Immigration Bridge Australia, the National Capital Authority deemed it appropriate to remove the references to this bridge from the Plan. The amendment was subject to a consultation period, during which the NCA received feedback but made no changes to the draft amendment. Ultimately, the Legislative Instrument was deemed compatible with human rights, as it does not engage any of the applicable rights or freedoms.
Scope and Application
The Australian Capital Territory (Planning and Land Management) Act 1988 applies to the National Capital Authority (NCA), which is responsible for preparing and administering the National Capital Plan (Plan). This legislation pertains to the planning and management of land within the Australian Capital Territory, and the amendment process for the Plan. The amendment in question, Amendment 79, specifically addresses the removal of references to a pedestrian bridge connecting the Acton Peninsula to the Parliamentary Zone across the West Basin of Lake Burley Griffin. This amendment was approved by the Hon. Catherine King MP, Minister for Regional Services, Local Communities and Territories, on 14 May 2013. The amendment was subject to consultation, with submissions received from the public, and was referred to the ACT Government Environment and Sustainable Development Directorate, which did not raise any objections. The amendment is compatible with human rights, as confirmed by a Statement of Compatibility prepared in accordance with the Human Rights (Parliamentary Scrutiny) Act 2011.
Key Provisions
The Australian Capital Territory (Planning and Land Management) Act 1988 (section 6) establishes the National Capital Authority's (NCA) responsibility to prepare, administer, and propose amendments to the National Capital Plan. Amendment 79, which removes references to a pedestrian bridge connecting Acton Peninsula to the Parliamentary Zone at Lennox Gardens across the West Basin of Lake Burley Griffin, was approved by the Hon. Catherine King MP on 14 May 2013, in accordance with section 19 of the Act. This Amendment is subject to disallowance by either House of Parliament if a resolution is passed within 15 sitting days of being laid before them. The purpose of this Amendment is to eliminate references to a pedestrian bridge that was initially included in the Plan in 2006 as part of Amendment 61, which was part of a series of amendments originating from The Griffin Legacy.
Amendment 79 imposes no specific obligations on parties or entities it governs, as it primarily involves the removal of planning and design policy references to the West Basin Pedestrian Bridge. However, the NCA must ensure that the Amendment aligns with the legislative requirements and that it is appropriately advertised and open to consultation, as demonstrated by the public exhibition of Draft Amendment 79 in The Canberra Times and the Commonwealth Notices Gazette between 3 November and 14 December 2012. Additionally, the NCA must coordinate with other government entities, such as the ACT Government Environment and Sustainable Development Directorate, to ensure there are no objections to the Amendment proceeding.
In terms of potential breaches and consequences, Amendment 79 does not explicitly detail specific offences, penalties, or civil/criminal consequences for non-compliance. However, if either House of Parliament passes a disallowance resolution within 15 sitting days of the Amendment being laid before them, the Amendment or part of it will cease to have effect. There are no other penalties explicitly stated in the Amendment for failure to comply with its provisions, but general compliance with the Act and its Amendments remains essential to avoid any potential legal ramifications.