National Capital Plan - Amendment 81 - Removal of Outdated and Unnecessary Policy Material

Overview

The Australian Capital Territory (Planning and Land Management) Act 1988 addresses urban planning and land management within the Australian Capital Territory. This Act was introduced to provide a structured framework for planning and managing the land within the national capital, ensuring that development aligns with the needs and policies of the Territory. The Act assigns responsibility to the National Capital Authority for the preparation, administration, and amendment of the National Capital Plan, which guides land use and development across the Territory. The objective is to facilitate orderly and sustainable development while preserving the unique character of the national capital. Amendment 81, approved by the Hon Catherine King MP on 1 May 2013, is an effort to streamline the Plan by removing outdated and unnecessary policy material, thereby enabling more effective policy review and the creation of a more efficient planning document. This amendment was subject to a consultation period and received no objections from the ACT Government Environment and Sustainable Development Directorate, ensuring its compatibility with human rights and its alignment with the core United Nations human rights treaties.

Scope and Application

The Australian Capital Territory (Planning and Land Management) Act 1988 pertains to the administration and management of planning and land use in the Australian Capital Territory. Specifically, the Act designates the National Capital Authority (NCA) as the body responsible for the preparation, administration, and constant review of the National Capital Plan (Plan). This responsibility includes proposing amendments to the Plan as necessary, which is evident in the case of Amendment 81. The amendment, approved by The Hon Catherine King MP, Minister for Regional Services, Local Communities and Territories, focuses on the removal of outdated and redundant policy material from the Plan. This amendment is a crucial step towards refining the Plan and facilitating more detailed policy reviews. The amendment applies to the NCA and the Plan, directly affecting the planning and design policies within the Australian Capital Territory. It does not extend beyond the jurisdictional reach of the Australian Capital Territory, thus remaining within the confines of the territory's legislative framework. As a legislative instrument, Amendment 81 is subject to disallowance by either House of Parliament if a resolution is passed within 15 sitting days of its laying before the House. The amendment was subject to public consultation and received feedback from interested parties, though no changes were incorporated into the final version. The amendment's compatibility with human rights has been affirmed, as it does not engage any of the applicable rights or freedoms outlined in the relevant international instruments.

Key Provisions

The Australian Capital Territory (Planning and Land Management) Act 1988 (the Act) establishes the framework for planning and land management in the Australian Capital Territory (ACT). Section 6 of the Act outlines the responsibilities of the National Capital Authority (NCA), which include preparing, administering, and reviewing the National Capital Plan (the Plan). The NCA is tasked with proposing amendments to the Plan when necessary to keep it current and relevant. Amendment 81 of the Plan, approved by the Hon Catherine King MP on 1 May 2013 in accordance with section 19 of the Act, specifically aims to remove outdated and unnecessary policy material from the Plan. This amendment process was subject to public consultation, which ran from 2 February 2013 until 21 March 2013. The NCA received four written submissions during this period but decided not to make any changes to the draft amendment. The ACT Government Environment and Sustainable Development Directorate (ESDD) reviewed the draft amendment and did not raise any objections to its proceeding. As part of the legislative process, the amendment was laid before both Houses of Parliament as a disallowable instrument under the Legislative Instruments Act 2003. If either House passes a resolution to disallow the amendment within 15 sitting days, it will cease to have effect. The Act imposes several obligations and requirements on the NCA. Primarily, the NCA must ensure that the Plan is kept up-to-date and relevant, which involves periodically proposing and implementing amendments. This amendment process must include a period of public consultation to gather feedback and input from stakeholders. Additionally, the Act requires that the NCA consider the compatibility of any legislative instrument with human rights, as evidenced by the Statement of Compatibility with Human Rights prepared for Amendment 81. The Office of Best Practice Regulation determined that a Regulation Impact Statement was not required for this amendment. Failure to comply with the requirements of the Act can lead to various consequences. While the specific provisions of Amendment 81 do not detail penalties for non-compliance, breaches of the Act generally could result in enforcement actions. The Act empowers authorised officers to take legal action against individuals or entities that violate its provisions. Depending on the severity and nature of the breach, penalties could range from fines to more severe administrative or legal consequences. However, the text of Amendment 81 itself does not specify the exact penalties for non-compliance.