National Capital Plan - Amendment 82 - Amtech Estate

Overview

The Australian Capital Territory (Planning and Land Management) Act 1988 was enacted to provide a framework for the planning and land management of the Australian Capital Territory, ensuring orderly development and use of land in the region. One of the key objectives of the Act is to empower the National Capital Authority (NCA) to prepare, administer, and amend the National Capital Plan (Plan) to meet the evolving needs of the territory. The Act addresses the need for a structured and adaptable planning framework that accommodates both current and future development while preserving the unique character of the national capital. Amendment 82 of the National Capital Plan, which was approved by the Hon. Jamie Briggs MP on 14 January 2014, pertains to the Amtech Estate in Symonston. This amendment removes the restrictive land use provisions that required the site to be developed as an ‘Advanced Technology Park’, while retaining the Commonwealth's interest in the land as Approach Routes to the National Capital. The amendment was subject to public consultation and received no objections from the ACT Government Environment and Sustainable Development Directorate, thereby ensuring community input and regulatory compliance. The amendment aligns with human rights as declared in the relevant international instruments and does not engage any applicable rights or freedoms, reflecting a balanced approach to urban planning and development.

Scope and Application

The Australian Capital Territory (Planning and Land Management) Act 1988 governs land use and development within the Australian Capital Territory, with the National Capital Authority responsible for preparing, administering, and proposing amendments to the National Capital Plan. Amendment 82 of the Plan specifically pertains to the Amtech Estate in Symonston, where the Act will remove restrictive land use provisions that previously mandated the site be developed as an 'Advanced Technology Park'. Despite these changes, the Commonwealth's interest in Canberra Avenue and the Monaro Highway frontages as Approach Routes to the National Capital will remain unaffected. The amendment was approved by The Hon. Jamie Briggs MP, Assistant Minister for Infrastructure and Regional Development, and is subject to disallowance by either House of Parliament within 15 sitting days of being laid before them. Public consultation on Draft Amendment 82 occurred from 4 July 2013 to 14 August 2013, with no changes made to the draft following two written submissions. The ACT Government Environment and Sustainable Development Directorate did not raise any objections, and a Regulation Impact Statement was deemed unnecessary by the Office of Best Practice Regulation. This amendment aligns with human rights, as it does not engage any of the applicable rights or freedoms under the international instruments recognised in the Human Rights (Parliamentary Scrutiny) Act 2011.

Key Provisions

Amendment 82 of the National Capital Plan concerning the Amtech Estate in Symonston primarily modifies land use provisions on the site, allowing for a broader range of developments while still maintaining some restrictions. Section 6 of the Australian Capital Territory (Planning and Land Management) Act 1988 mandates the National Capital Authority (NCA) to prepare and administer the National Capital Plan, and section 19 stipulates that the Assistant Minister for Infrastructure and Regional Development must approve amendments to the Plan. In this case, the Hon. Jamie Briggs MP approved Amendment 82 on 14 January 2014. This amendment effectively removes the previous requirement for the site to be developed as an 'Advanced Technology Park', while preserving the Commonwealth's interest in Canberra Avenue and the Monaro Highway frontages as Approach Routes to the National Capital. The Act imposes specific obligations on the NCA to ensure that amendments to the Plan are made in accordance with sections 14 to 22 of the Act and are subject to public consultation and review. The public consultation process for Draft Amendment 82 (DA82) was conducted through advertisements in The Canberra Times and the Commonwealth Notices Gazette, and concluded on 14 August 2013. The NCA received two written submissions, but no changes were made to the draft as publicly exhibited. The ACT Government Environment and Sustainable Development Directorate (ESDD) also reviewed the draft, and no objections were raised. Under the Legislative Instruments Act 2003, Amendment 82 has been laid before both Houses of Parliament as a disallowable instrument. If either House passes a resolution disallowing the amendment, it ceases to have effect. The compatibility of the amendment with human rights has been assessed, and it has been determined that it does not engage any applicable rights or freedoms as recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. Therefore, this legislative instrument is compatible with human rights and does not raise any human rights issues. In terms of consequences for non-compliance, the Act does not explicitly outline specific offences or penalties related to the breach of the amended land use provisions. However, any unauthorised development or non-compliance with the approved amendments to the National Capital Plan could potentially lead to enforcement actions by the NCA or legal proceedings under other relevant planning and land management legislation. Such actions may result in fines, orders for remediation, or other penalties as prescribed by the relevant authorities. The exact penalties would depend on the nature and severity of the breach, and could be subject to review and determination by the courts or administrative tribunals.