EXPLANATORY STATEMENT
Australian Capital Territory (Planning and Land Management) Act 1988
APPROVAL OF AMENDMENT 87 OF THE NATIONAL CAPITAL PLAN – Relocation of Indicative Sites for Landmark Buildings (Knowles Place) (DA87)
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 87 – Relocation of Indicative Sites for Landmark Buildings (Knowles Place) has been prepared in accordance with sections 14 to 22 of the Act.
Senator the Hon Fiona Nash, Minister for Regional Development, Regional Communications, Local Government and Territories, approved Amendment 87 on 2 March 2017, 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 Legislation 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 Plan had provided for building heights to a maximum of RL617 on the sites of the current City Police Station and the Reserve Bank of Australia. These sites form part of the ACT Law Courts Precinct and have been nominated for Provisional Registration to the ACT Heritage Register. Heritage registration will restrict development capacity on these sites and therefore the potential to achieve the desired outcomes for the City Hill Precinct.
The Authority recognises the importance of these heritage values and agreed to the preparation of DA87 to relocate the areas identified for landmark buildings adjacent to Knowles Place, from Blocks 1 and 4 Section 18 City, to Blocks 9 and 13 Section 63 City and Block 21 Section 63 City respectively.
DA87 was advertised for consultation in The Canberra Times on Saturday 15 October 2016, and in the Commonwealth Notices Gazette on Tuesday 18 October 2016. The consultation period ended on Friday 25 November 2016.
The NCA received one written submission relating to DA87. No changes were made to DA87 as publicly exhibited.
On 24 October 2016, DA87 was formally referred EPSDD. On 17 November 2016, EPSDD responded to DA87 with no objection to DA87 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 87 – Relocation of Indicative Sites for Landmark Buildings (Knowles Place)
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 provides for the relocation of the areas identified for landmark buildings adjacent to Knowles Place, from Blocks 1 and 4 Section 18 City, to Blocks 9 and 13 Section 63 City, and Block 21 Section 63 City respectively. The Amendment results in protecting the intent of paired landmark buildings within the City Hill Precinct.
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.