EXPLANATORY STATEMENT
Australian Capital Territory (Planning and Land Management) Act 1988
APPROVAL OF AMENDMENT 93 OF THE NATIONAL CAPITAL PLAN -
CITY AND GATEWAY URBAN DESIGN PROVISIONS TECHNICAL CHANGES
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 93 of the Plan – City and Gateway Urban Design Provisions Technical Changes (Amendment 93) 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 93 on 10 September 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.
Amendment 91 to the Plan came into effect on 4 April 2019 and introduced detailed conditions of planning and design for sites flanking the Federal Highway and Northbourne Avenue. The amendment was the outcome of the two year long ‘City and Gateway urban design’ joint project between the NCA and the ACT Government. Monitoring of actions since the finalisation of the amendment resulted in the need to either introduce or vary provisions to improve implementation of Amendment 91.
The purpose of Amendment 93 is to introduce transitional provisions to address development applications submitted to the Territory planning authority prior to the commencement of Amendment 91 to the Plan, and to clarify design provisions concerning permitted building lengths, and balconies and balustrades.
On 24 July 2019, Draft Amendment 93 was released for public comment. Notices were published in the Canberra Times and in the Government Notices Gazette on 24 July 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 September 2019. Draft Amendment 93 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 93 – City and Gateway Urban Design Provisions Technical Changes
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 introducing transitional provisions to address development application submitted to the Territory planning authority prior to the commencement of Amendment 91 to the Plan, and clarifies design provisions concerning permitted building lengths, and balconies and balustrades.
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 addresses planning and land management within the Australian Capital Territory. The Act establishes the legislative framework for the administration and regulation of land use and urban development in the territory. The National Capital Authority (NCA), as a key body under the Act, is responsible for preparing, administering, and reviewing the National Capital Plan, which governs land use and development in the territory. The enactment of Amendment 93 to the National Capital Plan, approved on 10 September 2019, aims to introduce transitional provisions for development applications submitted before the commencement of Amendment 91 and to clarify design provisions regarding building lengths, balconies, and balustrades. The amendment seeks to improve the implementation of urban design provisions and respond to the outcomes of a joint project between the NCA and the ACT Government. The approval of Amendment 93 follows a period of public consultation, ensuring community input into the planning and design policies.
Scope and Application
The Australian Capital Territory (Planning and Land Management) Act 1988 applies to the entities and conduct involved in the planning and land management within the Australian Capital Territory. Specifically, it concerns the National Capital Authority, which is responsible for preparing, administering, and proposing amendments to the National Capital Plan. This legislation oversees the urban design provisions, including the transitional provisions and technical changes such as those introduced by Amendment 93. The jurisdictional reach of this Act is confined to the Australian Capital Territory, meaning it applies only within this specific region. Amendment 93, which was approved by the Assistant Minister for Regional Development and Territories, introduces transitional provisions to address development applications submitted before the commencement of Amendment 91 and clarifies design provisions concerning building lengths, and balconies and balustrades. This 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. The Amendment was subject to a public comment period as required by the NCA’s commitment to community engagement, and a Regulation Impact Statement was deemed unnecessary by the Office of Best Practice Regulation.
Key Provisions
The main operative sections of Amendment 93 of the National Capital Plan are those which introduce transitional provisions to address development applications submitted prior to the commencement of Amendment 91 (sections 1 to 6), and those which clarify design provisions concerning permitted building lengths, and balconies and balustrades (sections 7 to 10). These provisions are intended to improve the implementation of the City and Gateway urban design framework and ensure consistency in planning and development along key transport corridors in the ACT.
Amendment 93 imposes several obligations on parties and entities governed by the National Capital Plan. Firstly, it requires the National Capital Authority (NCA) to provide transitional provisions for development applications submitted before the commencement of Amendment 91. This includes ensuring that such applications are assessed in line with the new design and planning conditions introduced by Amendment 91. Secondly, Amendment 93 mandates clarification of design provisions, specifically concerning building lengths and balconies and balustrades, to ensure compliance with the new urban design framework.
Additionally, the amendment requires the NCA to ensure that any design changes proposed under Amendment 93 do not negatively impact the human rights of individuals or communities in the ACT. This includes ensuring that the amendment does not impede the establishment of places of religious worship or any other rights and freedoms recognised or declared in the international instruments listed in the Human Rights (Parliamentary Scrutiny) Act 2011.
Failure to comply with the requirements and provisions of Amendment 93 may result in civil or criminal consequences, depending on the nature and severity of the breach. However, the Explanatory Statement does not specify any particular offences, penalties, or maximum penalties for breach of Amendment 93. It is likely that any breaches would be addressed under the existing provisions of the Australian Capital Territory (Planning and Land Management) Act 1988, which may include fines, enforcement orders, or other civil or criminal penalties as deemed appropriate by the relevant authorities.