EXPLANATORY STATEMENT
Australian Capital Territory (Planning and Land Management) Act 1988
APPROVAL OF AMENDMENT 88 OF THE NATIONAL CAPITAL PLAN – Blocks 3 and 15 Section 22 Barton
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 88 – Blocks 3 and 15 Section 22 Barton has been prepared in accordance with sections 14 to 22 of the Act.
The Hon Darren Chester MP, Acting Minister Local Government and Territories, approved Amendment 88 on 5 December 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.
Amendment 88 varies the land use of Blocks 3 and 15 Section 22 Barton from National Capital Use to a mixed use policy allowing for residential, office, commercial accommodation, and ancillary uses such as café and restaurant.
DA88 was advertised for consultation in The Canberra Times on Saturday 12 August 2017, and in the Commonwealth Notices Gazette on Wednesday 16 August 2017. The consultation period ended on Friday 22 September 2017.
The NCA received four written submissions relating to DA88. No changes were made to DA88 as publicly exhibited.
On 14 August 2017, DA88 was formally referred to the ACT Government’s Environment, Planning and Sustainable Development Directorate (EPSDD). On 18 October 2017, EPSDD responded that there was no objection to DA88 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 88 – Blocks 3 and 15 Section 22 Barton
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 a change in land use for Blocks 3 and 15 Section 22 Barton, from National Capital Use to a mixed use policy allowing for residential, office, commercial accommodation, and ancillary uses such as café and restaurant.
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.