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.
Overview
The Australian Capital Territory (Planning and Land Management) Act 1988 was enacted to provide a legislative framework for planning and land management in the Australian Capital Territory. The Act established the National Capital Authority (NCA) with the responsibility for preparing, administering, and reviewing the National Capital Plan. This legislative framework was introduced to address the need for a structured and adaptive planning system to accommodate the growth and development of Canberra, the national capital. The Parliament of Australia is the enacting body for the Act. The policy objective is to ensure that planning arrangements are flexible, efficient, and capable of meeting the evolving needs of the territory, while preserving the unique characteristics of the national capital.
Amendment 86 of the National Capital Plan, approved by the Hon. Paul Fletcher MP on 5 May 2016, further refines the planning framework. It revises the format and structure of the Plan, enhances metropolitan planning arrangements to better accommodate Canberra's growth, and simplifies planning for a significant portion of Territory Land by removing certain special requirements. This amendment reflects the NCA’s commitment to community engagement, with a public consultation period ending on 13 November 2015. The amendment was laid before both Houses of Parliament as a disallowable instrument, allowing for parliamentary scrutiny and potential disallowance if necessary. The Office of Best Practice Regulation determined that a Regulation Impact Statement was not required, and the amendment has been assessed as compatible with human rights under the Human Rights (Parliamentary Scrutiny) Act 2011.
Scope and Application
The Australian Capital Territory (Planning and Land Management) Act 1988 applies to the preparation, administration, and amendment of the National Capital Plan by the National Capital Authority, impacting planning and land management within the Australian Capital Territory. This legislation mandates the National Capital Authority's responsibility in overseeing the National Capital Plan, ensuring it remains current and responsive to the needs of the growing Canberra metropolitan area. The Act allows the Minister for Major Projects, Territories and Local Government to approve amendments to the Plan, as demonstrated in the approval of Amendment 86, which seeks to enhance the format, structure, and efficiency of the Plan by providing greater flexibility to the ACT Government and removing unnecessary duplication and complexity. The application of the Act is confined to the Australian Capital Territory, governing the planning and land management practices within its jurisdictional reach. The stated exclusions and exemptions are limited to those areas identified as having special characteristics of the National Capital, which are adjusted as per the requirements of the Plan. The Act's application may be further extended or restricted through subordinate instruments.
Key Provisions
The Australian Capital Territory (Planning and Land Management) Act 1988 (the Act) establishes the framework for planning and land management in the Australian Capital Territory. Section 6 (6) of the Act assigns the National Capital Authority (NCA) the responsibility of preparing, administering, and constantly reviewing the National Capital Plan (the Plan), as well as proposing amendments when necessary. Amendment 86 of the Plan, titled the Revised National Capital Plan, was approved by the Hon. Paul Fletcher MP, Minister for Major Projects, Territories and Local Government, on 5 May 2016 in accordance with section 19 (19) of the Act. This Amendment was laid before both Houses of Parliament as a disallowable instrument under the Legislative Instruments Act 2003 (2003, s 3.03). If either House passes a resolution disallowing the Amendment or part of it within 15 sitting days after it is laid before that House, the Amendment or part so disallowed ceases to have effect (Legislative Instruments Act 2003, s 11.03).
Amendment 86 of the National Capital Plan introduces significant changes to the format and structure of the document. It alters metropolitan planning arrangements to provide the ACT Government with greater flexibility in accommodating the growth of Canberra. The Amendment also seeks to reduce duplication and complexity in planning for a substantial portion of Territory Land by removing the Special Requirements that currently apply. Additionally, it adjusts those areas identified as having the special characteristics of the National Capital. These changes aim to streamline the planning process and better cater to the needs of the growing Canberra community. Draft Amendment 86 was released for public comment on 1 October 2015, with notices published in the Canberra Times (1 October 2015) and the Commonwealth of Australia Gazette (30 September 2015). The public comment period, as per the NCA’s ‘Commitment to Community Engagement (February 2015)’, concluded on 13 November 2015. Draft Amendment 86 was made available to the public on the NCA website during this period.
The Office of Best Practice Regulation determined that a Regulation Impact Statement was not required for this Amendment. Furthermore, the Statement of Compatibility with Human Rights confirms that 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 (2011, s 3). This compatibility is due to the planning framework within the ACT making appropriate provision for places of religious worship to be established and the Legislative Instrument not engaging any of the applicable rights or freedoms. Consequently, this Legislative Instrument does not raise any human rights issues and is compatible with human rights as it stands.
In summary, Amendment 86 of the National Capital Plan focuses on revising the format and structure of the document, enhancing flexibility in metropolitan planning to accommodate Canberra's growth, and reducing duplication and complexity in planning for a significant portion of Territory Land. The Amendment underwent a public comment period, was approved by the relevant Minister, and has been deemed compatible with human rights. The approval process and public engagement reflect a commitment to transparency and community involvement in the planning and land management framework of the Australian Capital Territory.