EXPLANATORY STATEMENT
Australian Capital Territory (Planning and Land Management) Act 1988
APPROVAL OF AMENDMENT 82 OF THE NATIONAL CAPITAL PLAN
AMTECH ESTATE - SYMONSTON
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 82 of the Plan – Amtech Estate – Symonston has been prepared in accordance with sections 14 to 22 of the Act.
The Hon. Jamie Briggs MP, Assistant Minister for Infrastructure and Regional Development, approved Amendment 82 on 14 January 2014, 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 will remove restrictive land use provisions on the site that require the site be developed as an ‘Advanced Technology Park’. The Commonwealths interest in Canberra Avenue and the Monaro Highway frontages as Approach Routes to the National Capital will remain.
On 4 July 2013, Draft Amendment 82 (DA82) was advertised for consultation in The Canberra Times and in the Commonwealth Notices Gazette on 5 July 2013. The consultation period concluded on 14 August 2013.
The NCA received two written submissions on DA82. No changes were made to DA82 as publicly exhibited.
On 8 July 2013, DA82 was formally referred to the ACT Government Environment and Sustainable Development Directorate (ESDD). On 7 August 2013, ESDD responded to DA82. No objection was raised to DA82 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 82 – Amtech Estate – Symonston
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 the requirement for Block 8 Section 1 and Sections 112, 113, 115, 116 and 117 Symonston (Amtech Estate) to be developed as an ‘Advanced Technology Park’. ‘Hazardous Industry’ and ‘Offensive Industry’ remain non-permitted uses to control potential conflicts with existing development.
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.