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.
Overview
The Australian Capital Territory (Planning and Land Management) Act 1988, enacted by the Parliament of the Australian Capital Territory, addresses the need for a coherent and efficient planning framework for the nation's capital. This legislation aims to ensure that land use and development in the Australian Capital Territory are managed in a way that is consistent with the broader planning objectives of the region. The Act designates the National Capital Authority as the responsible body for preparing, administering, and reviewing the National Capital Plan, including proposing amendments as necessary to reflect changing needs and circumstances. Amendment 84, approved by The Hon. Jamie Briggs MP, Assistant Minister for Infrastructure and Regional Development, on 14 January 2014, seeks to reclassify specific sections of Pialligo from Broadacre Areas to Urban Areas in accordance with the General Policy Plan – Metropolitan Canberra. This change was made following public consultation and expert review, with no objections raised, and aligns with the overarching policy objectives of the Act to facilitate sustainable and orderly urban development in the territory.
Scope and Application
The Australian Capital Territory (Planning and Land Management) Act 1988, through Amendment 84, delineates a specific area within the Pialligo Section 9 Part Block 4 and Section 12 Part Block 2 from Broadacre Areas to Urban Areas. This legislative amendment applies directly to the National Capital Authority (NCA), which is tasked with preparing, administering, and reviewing the National Capital Plan (Plan). The amendment was approved by The Hon. Jamie Briggs MP, Assistant Minister for Infrastructure and Regional Development, and it affects only the planning and land management policies within the Australian Capital Territory, without extending to other jurisdictions or territories. The amendment has undergone a public consultation process and received feedback from stakeholders, with no changes made to the draft as publicly exhibited. The amendment is laid before both Houses of Parliament as a disallowable instrument, meaning that if either House passes a resolution to disallow it, the amendment will cease to have effect. Importantly, this legislative instrument does not engage any of the applicable rights or freedoms under the human rights treaties recognised by Australia.
Key Provisions
Amendment 84 of the National Capital Plan for Pialligo Section 9 Part Block 4 and Section 12 Part Block 2, under the Australian Capital Territory (Planning and Land Management) Act 1988, fundamentally changes the land use policy for these areas from Broadacre Areas to Urban Areas. This amendment was approved by The Hon. Jamie Briggs MP, Assistant Minister for Infrastructure and Regional Development, on 14 January 2014, following consultation and review processes as outlined in sections 14 to 22 of the Act. The amendment was advertised for public consultation on 19 October 2013, with the consultation period concluding on 29 November 2013. Despite receiving ten written submissions, no changes were made to the draft amendment, which was referred to the ACT Government Environment and Sustainable Development Directorate (ESDD) on 19 October 2013. ESDD raised no objections, and the Office of Best Practice Regulation determined that a Regulation Impact Statement was not required.
The amendment imposes specific obligations on the National Capital Authority (NCA) and the affected parties, ensuring that the changes are implemented in accordance with the General Policy Plan – Metropolitan Canberra. The NCA must oversee the transition of land use policies, while property owners and developers must comply with the new Urban Areas designation, potentially requiring adjustments to their planning and development proposals. Furthermore, the amendment requires the NCA to maintain the Plan under constant review and to propose further amendments when necessary to align with evolving urban development needs and sustainability goals.
Breaching the provisions of the Australian Capital Territory (Planning and Land Management) Act 1988 or failing to comply with the amended land use policies can result in significant consequences. Under the Act, non-compliance may lead to enforcement actions, including fines and legal proceedings. The specific penalties for breaches are not detailed in the explanatory statement, but they generally encompass both administrative penalties and potential criminal sanctions, depending on the severity and nature of the breach. These penalties underscore the importance of adhering to the prescribed land use policies and the regulatory framework designed to manage urban development in the Australian Capital Territory.