National Capital Plan – Amendment 88 – Blocks 3 and 15 Section 22 Barton

Overview

The Australian Capital Territory (Planning and Land Management) Act 1988, enacted to provide for the planning and management of land in the Australian Capital Territory, addresses the need for a coordinated and structured approach to land use and development in the national capital. This Act empowers the National Capital Authority to prepare, administer, and amend the National Capital Plan, ensuring that the development of the capital aligns with broader planning and sustainability objectives. Amendment 88, approved by the Acting Minister for Local Government and Territories, modifies the land use of Blocks 3 and 15 Section 22 Barton from a National Capital Use to a mixed-use policy, facilitating residential, office, commercial, and ancillary uses such as cafés and restaurants. This change was subjected to a public consultation period and reviewed by the ACT Government’s Environment, Planning and Sustainable Development Directorate, which found no objections to its implementation. The amendment was also assessed for compatibility with human rights, confirming its alignment with international human rights standards.

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, managed by the National Capital Authority. The Act is concerned with the geographic scope of the Australian Capital Territory and involves the regulation of land use within this jurisdiction. Amendment 88, which was approved by the Acting Minister for Local Government and Territories, concerns a specific alteration to land use policies in Blocks 3 and 15 Section 22 Barton. This amendment changes the designated land use from National Capital Use to a mixed-use policy that includes residential, office, commercial accommodation, and ancillary uses such as café and restaurant. The amendment was subjected to a public consultation period and received feedback from stakeholders, which did not lead to any changes in the proposed amendment. The amendment is subject to disallowance by either House of Parliament if a resolution to that effect is passed within 15 sitting days of the amendment being laid before that House. The Act allows for further extensions and restrictions through subordinate instruments as necessary.

Key Provisions

Section 6 of the Australian Capital Territory (Planning and Land Management) Act 1988 establishes the role of the National Capital Authority (NCA) in preparing and administering the National Capital Plan (Plan). According to sections 14 to 22 of the Act, the NCA is mandated to propose amendments to the Plan as necessary. Amendment 88, approved by the Hon Darren Chester MP, Acting Minister for Local Government and Territories, on 5 December 2017, specifically modifies the land use of Blocks 3 and 15 Section 22 Barton. This amendment changes the designated land use from National Capital Use to a mixed-use policy, permitting residential, office, commercial, and ancillary uses such as cafés and restaurants. The amendment was subjected to a public consultation period, which ran from 12 August 2017 to 22 September 2017, with four written submissions received by the NCA. No changes were made to the amendment as publicly exhibited. The Environment, Planning and Sustainable Development Directorate (EPSDD) of the ACT Government reviewed the amendment and expressed no objections to its implementation. Under the Act, the NCA holds the responsibility to ensure that the Plan is continually reviewed and updated as required, with any proposed amendments being laid before both Houses of Parliament. If either House passes a resolution to disallow the amendment, it will cease to have effect. This process ensures that the legislative changes are subject to parliamentary scrutiny, providing a check on the NCA's powers. Amendment 88 was formally referred to the EPSDD on 14 August 2017, and after review, the EPSDD confirmed on 18 October 2017 that there were no objections to proceeding with the amendment. This thorough review process highlights the importance of balancing development needs with community input and regulatory oversight. The Act imposes certain obligations on the NCA regarding the preparation and administration of the Plan. These obligations include the requirement to consult with relevant stakeholders, including the public, during the amendment process. In this case, Amendment 88 was advertised for consultation in The Canberra Times and the Commonwealth Notices Gazette. The NCA must also ensure that any proposed amendments are compatible with human rights, as demonstrated by the Statement of Compatibility with Human Rights prepared in accordance with the Human Rights (Parliamentary Scrutiny) Act 2011. The Statement confirms that Amendment 88 does not engage any of the applicable rights or freedoms under the international human rights treaties. Breaches of the provisions under the Act can result in various consequences. While the explanatory statement does not explicitly detail offences or penalties for non-compliance with the amendment process, the overarching legislation could potentially include such provisions. Generally, failure to follow the mandated consultation and review processes could be subject to judicial review, where courts may determine that the NCA acted outside its statutory powers. Additionally, if the amendment were to result in unlawful development or non-compliance with planning regulations, further legal actions could be taken, including injunctions or fines, depending on the specific provisions of the broader planning and land management legislation.