EXPLANATORY STATEMENT
Australian Capital Territory (Planning and Land Management) Act 1988
APPROVAL OF AMENDMENT 84 OF THE NATIONAL CAPITAL PLAN
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 84 of the Plan – Pialligo Section 9 Part Block 4 and Section 12 Part Block 2 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 84 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 changes the land use policy of part Block 4 Section 9 and part Block 2 Section 12 Pialligo from Broadacre Areas to Urban Areas as depicted in the General Policy Plan – Metropolitan Canberra.
Draft Amendment 84 (DA84) was advertised for consultation in The Canberra Times on 19 October 2013, and in the Commonwealth Notices Gazette on 23 October 2013. The consultation period concluded on 29 November 2013.
The NCA received ten written submissions on DA84. No changes were made to DA84 as publicly exhibited.
On 19 October 2013, DA84 was formally referred to the ACT Government Environment and Sustainable Development Directorate (ESDD). On 11 December 2013, ESDD responded to DA84 with no objection to DA84 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 84 – Pialligo Section 9 Part Block 4 and Section 12 Part Block 2
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 of part Block 4 Section 9 and part Block 2 Section 12 Pialligo from Broadacre Areas to Urban Areas as depicted in the General Policy Plan – Metropolitan Canberra.
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.