EXPLANATORY STATEMENT
Australian Capital Territory (Planning and Land Management) Act 1988
APPROVAL OF AMENDMENT 91 OF THE NATIONAL CAPITAL PLAN -
CITY AND GATEWAY URBAN DESIGN PROVISIONS
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 91 of the Plan – City and Gateway Urban Design Provisions (Amendment 91) has been prepared in accordance with sections 14 to 22 of the Act.
The Hon. Sussan Ley, Assistant Minister for Regional Development and Territories, approved Amendment 91 on 1 April 2019, 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 Legislative Instruments 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 NCA and ACT Government have undertaken a joint project to establish the future planning and design framework for the northern entry to Canberra. The framework reflects the interests and expectations of both governments in a single urban design document. The Framework sets out the overarching principles for urban renewal and growth in the city centre and along the corridor to achieve well-designed and sustainable buildings, urban infrastructure, public places and streets that is appropriate for the gateway to the National Capital.
The purpose of Amendment 91 is to implement the NCA’s interest in the Framework by establishing detailed planning and design criteria for development on land flanking the Federal Highway and Northbourne Avenue. Amendment 91 gives legal effect to key principles of the Framework.
On 21 January 2019, Draft Amendment 91 was released for public comment. Notices were published in the Canberra Times on 19 January 2019 and in the Government Notices Gazette on 21 January 2019.
In accordance with the NCA’s ‘Commitment to Community Engagement (February 2015)’ the period for public comment ran for 30 business days, concluding on 4 March 2019. Draft Amendment 91 was available to the public on the NCA website and hard copies were available on request.
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 91 – City and Gateway Urban Design Provisions
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 amends the National Capital Plan by establishing detailed planning and design criteria for development on land flanking the Federal Highway and Northbourne Avenue.
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. The planning framework within the ACT makes appropriate provision for places of religious worship to be established.
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 provides the legislative framework for the planning and management of land in the Australian Capital Territory. To address the need for a cohesive urban design framework for the northern entry to Canberra, Amendment 91 of the National Capital Plan, titled "City and Gateway Urban Design Provisions," was introduced. Approved by the Hon. Sussan Ley, Assistant Minister for Regional Development and Territories, on 1 April 2019, Amendment 91 aims to implement the urban design framework by establishing detailed planning and design criteria for development along the Federal Highway and Northbourne Avenue. This amendment was developed through a joint project between the National Capital Authority and the ACT Government, reflecting the interests and expectations of both entities. The amendment was subjected to public consultation and is compatible with human rights as affirmed by the Statement of Compatibility with Human Rights under the Human Rights (Parliamentary Scrutiny) Act 2011.
Scope and Application
The Australian Capital Territory (Planning and Land Management) Act 1988 applies to the management and planning of land within the Australian Capital Territory (ACT). It outlines the responsibilities of the National Capital Authority (NCA), which includes the preparation, administration, and amendment of the National Capital Plan. This legislation serves as the overarching framework for urban development and land management within the ACT, ensuring that the territory’s growth and development align with the overarching objectives and principles of the National Capital Plan. Amendment 91, approved by the Assistant Minister for Regional Development and Territories, specifically targets the urban design provisions related to the city and gateway areas, detailing criteria for development along the Federal Highway and Northbourne Avenue. This amendment reflects the collaborative efforts of the NCA and the ACT Government, aiming to establish a sustainable and well-designed urban framework. The amendment is subject to disallowance by either House of Parliament within 15 sitting days of being laid before them, as per the Legislative Instruments Act 2003.
Key Provisions
The main operative sections of the Australian Capital Territory (Planning and Land Management) Act 1988 Amendment 91 relate to the implementation of the National Capital Plan through Amendment 91, which establishes detailed planning and design criteria for development on land flanking the Federal Highway and Northbourne Avenue (sections 6, 14-22). The amendment aims to reflect the interests and expectations of both the National Capital Authority (NCA) and the ACT Government in a single urban design document, setting out overarching principles for urban renewal and growth in the city centre and along the corridor. The amendment gives legal effect to the key principles of the Framework that has been jointly developed by the NCA and ACT Government.
The obligations and requirements imposed by Amendment 91 on the parties or entities it governs include the establishment of detailed planning and design criteria for development on land flanking the Federal Highway and Northbourne Avenue. This includes ensuring that developments are well-designed, sustainable, and appropriate for the gateway to the National Capital. The amendment also requires the NCA to undertake a public consultation process, ensuring that the interests and expectations of the community are considered in the planning and design framework. Additionally, the amendment requires the NCA to ensure that the planning framework within the ACT makes appropriate provision for places of religious worship to be established.
Amendment 91 does not explicitly outline specific offences, penalties, or civil/criminal consequences for breach. However, the Act under which the amendment operates, the Australian Capital Territory (Planning and Land Management) Act 1988, does provide for offences and penalties for breaches of planning and land management provisions. These may include fines and imprisonment for breaches of planning controls and other provisions. The maximum penalties for these offences are set out in the Act and can vary depending on the nature and severity of the breach. It is important for parties and entities governed by Amendment 91 to be aware of these potential consequences and to ensure compliance with the planning and design criteria established by the amendment.