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.
Overview
The Australian Capital Territory (Planning and Land Management) Amendment Act 2013, enacted to address gaps in the protection and management of the Yarramundi Reach area, designates the National Capital Authority as the body responsible for the preparation, administration, and amendment of the National Capital Plan. This legislative framework was established to ensure that the land use policies and planning decisions align with the conservation of natural heritage and the preservation of significant views and aesthetic values in the region. The amendment, approved by The Hon. Catherine King, Minister for Regional Services, Local Communities and Territories, specifically modifies the land use policy for the ‘Yarramundi grasslands’ from National Capital Use to Open Space, while also removing the requirement to consider the needs of the National Museum of Australia when deciding on the use of the northern foreshore of Yarramundi Reach. This change is intended to protect natural heritage items, enhance the habitat for endangered species, and safeguard important aesthetic values associated with Lake Burley Griffin.
Scope and Application
The Australian Capital Territory (Planning and Land Management) Act 1988, as amended by Amendment 80 of the National Capital Plan for Yarramundi Reach, pertains specifically to the planning and land management practices within the Australian Capital Territory. This Act, administered by the National Capital Authority (NCA), governs the preparation, administration, and amendment of the National Capital Plan, which outlines the land use policies within the territory. Amendment 80 modifies the land use policy for the Yarramundi grasslands, reclassifying it from a National Capital Use to Open Space, and removes a previous requirement that the needs of the National Museum of Australia be considered for decisions regarding the northern foreshore of Yarramundi Reach. These changes aim to safeguard natural heritage sites, including the habitat of various species and Indigenous heritage locations, while also preserving the aesthetic qualities associated with views of Lake Burley Griffin. The amendment applies to all entities and individuals whose activities are governed by the National Capital Plan within the ACT and has been approved by the Minister for Regional Services, Local Communities and Territories. The amendment is subject to disallowance by either House of Parliament within 15 sitting days of its introduction as a disallowable instrument under the Legislative Instruments Act 2003.
Key Provisions
The primary operative sections of Amendment 80 of the National Capital Plan, as outlined in the Australian Capital Territory (Planning and Land Management) Act 1988, focus on changing the land use policy for the Yarramundi grasslands from a National Capital Use to Open Space. Section 6 of the Act details the National Capital Authority's (NCA) responsibility for preparing, administering, and proposing amendments to the Plan. In this instance, Amendment 80 was approved by the Hon. Catherine King, Minister for Regional Services, Local Communities and Territories, on 18 June 2013, in line with section 19 of the Act. The amendment also removes the annotation requiring consideration of the National Museum of Australia's needs for decisions on the northern foreshore of Yarramundi Reach.
Amendment 80 imposes certain obligations on the NCA and other governing entities. The amendment requires the NCA to ensure that the land use policy changes are implemented effectively and that any developments within the Yarramundi grasslands adhere to the new Open Space designation. Furthermore, the amendment directs that natural heritage items, such as the habitat of various species and Indigenous heritage sites, be protected. These obligations are crucial to maintaining the ecological and cultural integrity of the Yarramundi Reach area.
Failure to comply with the provisions of Amendment 80 can lead to various civil or criminal consequences. Although the Act does not explicitly state the penalties for non-compliance, breaches of planning and land management regulations in the ACT can generally result in fines, enforcement actions, or legal proceedings. The severity of the penalties can depend on the nature and extent of the breach, with potential maximum penalties varying based on the specific violations and the discretion of the court or regulatory authority involved. It is essential for parties and entities governed by the amendment to adhere to these provisions to avoid any legal repercussions.