EXPLANATORY STATEMENT
Australian Capital Territory (Planning and Land Management) Act 1988
APPROVAL OF AMENDMENT 92 OF THE NATIONAL CAPITAL PLAN -
UNCOMMITTED LAND ADJACENT TO THE AUSTRALIAN NATIONAL UNIVERSITY
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 92 of the Plan – Uncommitted Land Adjacent to the Australian National University (Amendment 92) has been prepared in accordance with sections 14 to 22 of the Act.
The Hon Nola Marino MP, Assistant Minister for Regional Development and Territories, approved Amendment 92 on 24 November 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 Australian National University (ANU) is seeking to extend its area of student accommodation along the western edge of the ANU Campus. A proposed development is located across Block 1 Section 86 Acton. This site is zoned as ‘Uncommitted Land’ with no provision in the Plan to approve development. The ACT Government’s Emergency Services Agency has also been scoping this block as a potential site for an Emergency Services Facility.
The purpose of Amendment 92 is to change the land use policy of Block 1 Section 86 Acton from ‘Uncommitted Land to Community Facility’. A provision will also be inserted in the Plan to permit a Community Protection Facility on this site. Several figures in the Plan will be amended to set out permitted building heights and open space for this site.
On 27 July 2019, Draft Amendment 92 was released for public comment. Notices were published in the Canberra Times and in the Government Notices Gazette on this date.
In accordance with the NCA’s ‘Commitment to Community Engagement (February 2015)’ the period for public comment ran for 30 business days, concluding on 6 September 2019. Draft Amendment 92 was available to the public on the NCA website and hard copies were available on request. Three submissions were received in response of Draft Amendment 92
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 92 – Uncommitted Land Adjacent to the Australian National University
This Legislative Instrument is compatible with the human rights and freedoms recognized 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 changing the land use of Block 1 Section 86 Acton from Uncommitted Land to Community Facility. A provision will be inserted to the Plan to permit a Community Protections Facility on this site. Several figures in the Plan will be amended to display permitted building heights and open space for this site.
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 governs the planning and management of land within the Australian Capital Territory. The Act was introduced to ensure the orderly development of the national capital and to maintain its unique character and significance. The National Capital Authority, as the body responsible for administering the National Capital Plan, plays a crucial role in proposing amendments to address emerging needs and opportunities, as outlined in the Act. Amendment 92 of the National Capital Plan, approved by the Assistant Minister for Regional Development and Territories on 24 November 2019, aims to address the need for additional student accommodation and the potential establishment of an Emergency Services Facility by the Australian National University. This amendment changes the zoning of Block 1 Section 86 Acton from Uncommitted Land to Community Facility, with provisions for a Community Protection Facility and updated building height and open space regulations. The amendment was subject to public consultation, and a Statement of Compatibility with Human Rights confirms its alignment with international human rights standards.
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, with a specific focus on the National Capital Plan. The Act mandates the National Capital Authority to prepare, administer, and amend the Plan, ensuring that it reflects current needs and policies. Amendment 92 of the National Capital Plan, approved by the Assistant Minister for Regional Development and Territories, pertains to a specific area of uncommitted land adjacent to the Australian National University, located in Block 1 Section 86 Acton. This amendment alters the zoning of this area from Uncommitted Land to Community Facility, with provisions to permit a Community Protection Facility, and adjusts the permitted building heights and open space accordingly. The Amendment is subject to disallowance by either House of Parliament if a resolution is passed within 15 sitting days of it being tabled. The amendment process involved public consultation, with the Draft Amendment 92 being available for comment for 30 business days, aligning with the NCA's commitment to community engagement. This amendment is compatible with human rights, as affirmed by the Statement of Compatibility with Human Rights, indicating no engagement with applicable rights or freedoms.
Key Provisions
The main operative sections of this legislation, specifically Amendment 92 to the Australian Capital Territory (Planning and Land Management) Act 1988, focus on altering the zoning of Block 1 Section 86 Acton from 'Uncommitted Land' to 'Community Facility' (section 6). This amendment allows for the development of a Community Protection Facility on the site, while also modifying several figures in the National Capital Plan to indicate permissible building heights and open spaces. These changes are intended to facilitate the Australian National University's (ANU) plans to expand its student accommodation and to accommodate the ACT Government's Emergency Services Agency's consideration of the site for an Emergency Services Facility.
The Act imposes specific obligations on the National Capital Authority (NCA), primarily ensuring that the National Capital Plan is kept under constant review and updated as necessary (section 6). In this instance, the NCA is responsible for proposing and implementing Amendment 92, which involves changing the land use policy and consulting with the public. The NCA must also ensure that the amendment aligns with human rights standards, as outlined in the Human Rights (Parliamentary Scrutiny) Act 2011 (section 3). Furthermore, the Act mandates that Draft Amendment 92 be made available for public comment for a period of 30 business days, as per the NCA's 'Commitment to Community Engagement' (February 2015).
The consequences for non-compliance with the provisions of the Act, or for breaching the terms of Amendment 92, are not explicitly detailed in the explanatory statement. However, the Act does provide a mechanism for disallowance by either House of Parliament if a resolution is passed within 15 sitting days of the amendment being laid before the House (Legislative Instruments Act 2003). Such a disallowance would render the amendment or parts of it ineffective. The potential penalties or civil/criminal consequences for breaches of the amendment itself are not specified in the document, but they would likely be subject to the broader provisions of the Australian Capital Territory (Planning and Land Management) Act 1988, which could include fines or other enforcement actions.