EXPLANATORY STATEMENT
Australian Capital Territory (Planning and Land Management) Act 1988
APPROVAL OF AMENDMENT 86 OF THE NATIONAL CAPITAL PLAN
REVISED 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 86 of the Plan – Revised National Capital Plan has been prepared in accordance with sections 14 to 22 of the Act.
The Hon. Paul Fletcher MP, Minister for Major Projects, Territories and Local Government, approved Amendment 86 on 5 May 2016, 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.
Amendment 86 changes the National Capital Plan primarily by revising the format and structure of the document, changing metropolitan planning arrangements to provide greater flexibility to the ACT Government to accommodate the growth of Canberra, reducing duplication and complexity in planning for a substantial portion of Territory Land by removing the Special Requirements that currently apply, and adjusts those areas identified as having the special characteristics of the National Capital.
On 1 October 2015, Draft Amendment 86 was released for public comment. Notices were published in the Canberra Times on 1 October 2015 and in the Commonwealth of Australia Gazette on 30 September 2015.
In accordance with the NCA’s ‘Commitment to Community Engagement (February 2015)’ the period for public comment ran for 30 business days, concluding on 13 November 2015. Draft Amendment 86 was available to the public on the NCA website.
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 86 – Revised National Capital Plan
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 amends the National Capital Plan primarily by revising the format and structure of the document, changing metropolitan planning arrangements to provide greater flexibility to the ACT Government to accommodate the growth of Canberra, reducing duplication and complexity in planning for a substantial portion of Territory Land by removing the Special Requirements that currently apply, and adjusts those areas identified as having the special characteristics of the National Capital.
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. The planning framework within the ACT makes appropriate provision for places of religious worship to be established.
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.