National Capital Plan Amendment 90 - Block 5 Section 65 Deakin

Overview

The Australian Capital Territory (Planning and Land Management) Act 1988 was enacted to provide a comprehensive framework for the planning and management of land in the Australian Capital Territory. The Act was introduced to address the need for a structured approach to urban planning and land management within the national capital. The responsible body for preparing and administering the National Capital Plan, as outlined in the Act, is the National Capital Authority (NCA). This legislative framework was designed to ensure that land use within the Territory aligns with the broader objectives of urban development and sustainability. Amendment 90, approved by The Hon Dr John McVeigh MP, Minister for Regional Development, Territories and Local Government, on 24 August 2018, pertains to changes in the land use policy for Block 5 Section 65 Deakin. This amendment modifies the land use from exclusive National Capital Use to a mixed-use policy, allowing for National Capital Use, Consulting Rooms (specifically for veterinary services restricted to small or domestic animals), Health Centre, and Office use. The amendment was subject to public consultation and was laid before both Houses of Parliament as a disallowable instrument. The Office of Best Practice Regulation determined that a Regulation Impact Statement was not required, and the amendment was found to be compatible with human rights as it does not engage any applicable rights or freedoms.

Scope and Application

The Australian Capital Territory (Planning and Land Management) Act 1988, as amended by Amendment 90, pertains specifically to the regulation of land use within the Australian Capital Territory. This amendment, approved by The Hon Dr John McVeigh MP, Minister for Regional Development, Territories and Local Government, on 24 August 2018, modifies the land use policy for Block 5 Section 65 Deakin. The amendment allows for a mixed use policy that includes National Capital Use, Consulting Rooms (restricted to veterinary services for small or domestic animals), Health Centre, and Office, differing from the previous exclusive National Capital Use designation. This change was subjected to a consultation period from 2 June to 16 July 2018, during which three submissions were received, and no objections were raised by the ACT Government’s Environment, Planning and Sustainable Development Directorate. The amendment, which is laid before both Houses of Parliament as a disallowable instrument, is subject to potential disallowance by either House within 15 sitting days of its laying. This legislative amendment is limited to urban land use policy within the Australian Capital Territory and has been assessed for compatibility with human rights, finding no engagement with the applicable rights or freedoms under the relevant international instruments.

Key Provisions

The key provisions of Amendment 90 to the Australian Capital Territory (Planning and Land Management) Act 1988 (section 6) involve changing the land use of Block 5 Section 65 in Deakin from a National Capital Use only policy to a mixed use policy that allows for National Capital Use, Consulting Rooms (specifically for veterinary services restricted to small/domestic animals), Health Centre, and Office (section 14-22). The amendment was approved by The Hon Dr John McVeigh MP, Minister for Regional Development, Territories, and Local Government, on 24 August 2018, and it has been laid before both Houses of Parliament as a disallowable instrument (section 19, Legislation Act 2003). If either House passes a resolution to disallow the amendment within 15 sitting days after it is laid before them, the amendment will cease to have effect. The amendment was advertised for consultation in The Canberra Times and the Commonwealth Notices Gazette from 2 June to 16 July 2018, and the Environment, Planning, and Sustainable Development Directorate (EPSDD) indicated no objections to the amendment proceeding. Amendment 90 imposes obligations on the National Capital Authority (NCA) to ensure that the amendment is prepared in accordance with sections 14 to 22 of the Act and that the necessary consultation and review processes are undertaken. The NCA must also ensure that the amendment is compatible with human rights as it does not raise any human rights issues. Additionally, the amendment requires the Office of Best Practice Regulation to determine whether a Regulation Impact Statement is required; in this case, it was advised that such a statement is not necessary. There are potential civil and criminal consequences for breaches of the Act, although specific offences and penalties are not detailed in this amendment. Generally, under the Act, breaches can result in penalties, including fines, which can be substantial depending on the severity and nature of the breach. The maximum penalties are not specified in the explanatory statement but would typically be determined in accordance with the provisions of the Act and any relevant legislation governing planning and land management in the Australian Capital Territory. It is important for parties affected by the amendment to comply with the requirements and obligations set out in the Act to avoid any legal repercussions.