EXPLANATORY STATEMENT
Australian Capital Territory (Planning and Land Management) Act 1988
APPROVAL OF AMENDMENT 81 OF THE NATIONAL CAPITAL PLAN
REMOVAL OF OUTDATED AND UNNECESSARY POLICY MATERIAL
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 Amendment 81 of the Plan – Removal of Outdated and Unnecessary Policy Material, has been prepared in accordance with sections 14 to 22 of the Act.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 81 on 1 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The Amendment removes redundant and out-of-date material from the Plan. Removing such material is a step toward the creation of a new Plan. The Amendment results in a refined document within which more detailed policy review work can be undertaken.
Draft Amendment 81 (DA81) was advertised for consultation in The Canberra Times on Saturday 2 February 2013, and in the Commonwealth Notices Gazette on Wednesday 6 February 2013. The consultation period ended on 21 March 2013.
The NCA received four written submissions relating to DA81. No changes were made to DA81 as publicly exhibited.
On 5 February 2013, DA81 was formally referred to the ACT Government Environment and Sustainable Development Directorate (ESDD). On 7 May 2012, ESDD responded to DA81 with no objection to DA81 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National Capital Plan Amendment 81 – Removal of Outdated and Unnecessary Policy Material
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 redundant and out-of-date material from the Plan. Removing such material is a step toward the creation of a new Plan. The Amendment results in a refined document within which more detailed policy review work can be undertaken.
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.