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.
Overview
The Australian Capital Territory (Planning and Land Management) Act 1988, enacted to provide a framework for the planning and management of land in the Australian Capital Territory, addresses the need for strategic urban planning and development while preserving heritage and environmental values. The Act designates the National Capital Authority (NCA) as responsible for preparing, administering, and amending the National Capital Plan. The introduction of Amendment 87, approved by Senator the Hon Fiona Nash on 2 March 2017, was aimed at relocating indicative sites for landmark buildings from the current City Police Station and Reserve Bank of Australia sites, which are part of the ACT Law Courts Precinct and nominated for Provisional Registration to the ACT Heritage Register. This amendment responds to the challenge of balancing heritage preservation with urban development potential within the City Hill Precinct. The amendment process involved public consultation, with one submission received and no changes made to the proposal. The compatibility with human rights was confirmed, ensuring that the amendment does not engage any of the applicable rights or freedoms as recognised in the United Nations human rights treaties.
Scope and Application
The Australian Capital Territory (Planning and Land Management) Act 1988, as amended by Amendment 87, pertains to the National Capital Plan, which is administered by the National Capital Authority. This amendment specifically addresses the relocation of indicative sites for landmark buildings in the City Hill Precinct, moving these sites from Blocks 1 and 4 Section 18 City to Blocks 9 and 13 Section 63 City and Block 21 Section 63 City respectively. This change aims to preserve the heritage values of the current City Police Station and the Reserve Bank of Australia, which are part of the ACT Law Courts Precinct and have been nominated for Provisional Registration to the ACT Heritage Register. Such heritage registration would restrict development capacity and hinder the achievement of desired outcomes for the City Hill Precinct. The amendment applies to entities and individuals involved in the planning and development of these sites within the Australian Capital Territory, focusing on the relocation and associated planning and design policies. The amendment's geographic scope is limited to the Australian Capital Territory, and it does not specify any exclusions, exemptions, or thresholds. Subordinate instruments may further detail the application and implementation of the amendment.
Key Provisions
The main operative sections of Amendment 87 of the National Capital Plan – Relocation of Indicative Sites for Landmark Buildings (Knowles Place) (DA87) pertain to the amendment of the Plan as outlined in sections 14 to 22 of the Australian Capital Territory (Planning and Land Management) Act 1988 (the Act). The amendment relocates the indicative sites for landmark buildings from Blocks 1 and 4 Section 18 City to Blocks 9 and 13 Section 63 City, and Block 21 Section 63 City, respectively (section 6). This relocation is intended to protect the heritage values of the current City Police Station and Reserve Bank of Australia, which are part of the ACT Law Courts Precinct and have been nominated for Provisional Registration to the ACT Heritage Register.
The Act imposes several obligations on the National Capital Authority (NCA) and other entities. Firstly, the NCA is required to keep the National Capital Plan under constant review and propose amendments when necessary (section 6). For Amendment 87, the NCA followed the stipulated process, which included public consultation and consideration by the Environment, Planning and Sustainable Development Directorate (EPSDD). The NCA received one written submission during the consultation period and incorporated no changes based on the feedback received. Additionally, the Office of Best Practice Regulation determined that a Regulation Impact Statement was not required for this amendment.
Amendment 87 does not create new offences or impose specific penalties for its breach; however, the Act generally provides for various penalties under different sections for breaches of planning and land management regulations. In general, penalties for breaches of planning laws in the ACT can include fines and other civil or administrative actions as deemed appropriate by the relevant authorities. It is also notable that Amendment 87 was laid before both Houses of Parliament as a disallowable instrument in accordance with the Legislation Act 2003, and if either House passes a resolution to disallow the amendment, it ceases to have effect. This procedural safeguard ensures that the amendment can be subject to parliamentary scrutiny and potential disallowance if deemed inappropriate.