EXPLANATORY STATEMENT
Australian Capital Territory (Planning and Land Management) Act 1988
APPROVAL OF AMENDMENT 80 OF THE NATIONAL CAPITAL PLAN
YARRAMUNDI REACH
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 80 of the Plan – Yarramundi Reach, has been prepared in accordance with sections 14 to 22 of the Act.
The Hon. Catherine King, Minister for Regional Service, Local Communities and Territories, approved Amendment 80 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 changes the land use policy for the ‘Yarramundi grasslands’ from National Capital Use to Open Space. The annotation stating that the needs of the National Museum of Australia must be taken into account before a decision is made on the use of the northern foreshore of Yarramundi Reach will be removed. These changes have the potential to:
- Protect natural heritage items located at Yarramundi Reach; natural temperate grassland and the habitat of the striped legless lizard, Golden Sun Moth, Perunga grasshopper and, a number of Indigenous heritage sites.
- Reduce the likelihood of important aesthetic values with significant views to and from Lake Burley Griffin and its foreshores being detrimentally affected.
Draft Amendment 80 (DA80) 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 concluded on 14 December 2012.
The NCA received four written submissions in response to DA80. No changes were made to DA80 as publicly exhibited.
On 6 November 2012, DA80 was formally referred to the ACT Government Environment and Sustainable Development Directorate (ESDD). On 6 December 2012, ESDD responded to DA80. No objection was raised to DA80 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 80 – Yarramundi Reach
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 changes the land use policy for the ‘Yarramundi grasslands’ from National Capital Use to Open Space. The annotation in the National Capital Plan stating that the needs of the National Museum of Australia must be taken into account before a decision is made on the use of the northern foreshore of Yarramundi Reach will be removed.
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.