EXPLANATORY STATEMENT
Australian Capital Territory (Planning and Land Management) Act 1988
APPROVAL OF AMENDMENT 94 OF THE NATIONAL CAPITAL PLAN -
NATIONAL ARBORETUM COMMERCIAL ACCOMMODATION
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 94 of the Plan – National Arboretum Commercial Accommodation (Amendment 94) 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 94 on 1 May 2020, 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 Legislation 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.
Following the 2003 bushfires in Canberra, the ACT Government dedicated an area of burnt-out pine forest as the new site for an international arboretum. In 2004, a national design competition for the new arboretum was launched. Taylor Cullity Lethlean Landscape Architects and Tonkin Zulaika Greer Architects were announced winners of the design competition in 2005. Hotel accommodation was included on the NAC’s original competition brief and master plan. Amendment 94 facilitates this proposal.
The purpose of Amendment 94 is to add ‘Commercial Accommodation’ and ‘Personal Service Establishment’ as permitted land uses for the National Arboretum Canberra (NAC), and to introduce detailed planning provisions to guide the design and siting of such facilities.
On 1 February 2020, Draft Amendment 94 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 16 March 2020. Draft Amendment 94 was available to the public on the NCA website and hard copies were available on request. Seven submissions were received in response of Draft Amendment 94.
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 94 – National Arboretum Commercial Accommodation
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 adding ‘Commercial Accommodation’ and ‘Personal Service Establishment’ as permitted land uses for the National Arboretum Canberra, and to introduce detailed planning provisions to guide the design and siting of such facilities.
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 was enacted to provide a comprehensive framework for the planning and management of land in the Australian Capital Territory. This Act was introduced to address the need for a coordinated approach to planning and development in the national capital. The National Capital Authority (NCA), established under this Act, is responsible for preparing and administering the National Capital Plan, which guides the development and use of land in the Territory. Amendment 94 of the National Capital Plan, titled "National Arboretum Commercial Accommodation," was approved by the Hon Nola Marino MP, Assistant Minister for Regional Development and Territories, on 1 May 2020, and is subject to disallowance by either House of Parliament. The amendment seeks to facilitate the inclusion of commercial accommodation and personal service establishments in the National Arboretum Canberra, complementing the original design that incorporated hotel accommodation. Public consultation was conducted, and the amendment was deemed compatible with human rights as it does not engage any of the applicable rights or freedoms under the United Nations human rights treaties.
Scope and Application
The Australian Capital Territory (Planning and Land Management) Act 1988 provides the legal framework for the planning and management of land in the Australian Capital Territory (ACT). Pursuant to Section 6 of the Act, the National Capital Authority (NCA) is responsible for preparing, administering, and amending the National Capital Plan (Plan). Amendment 94 of the Plan, approved by the Assistant Minister for Regional Development and Territories on 1 May 2020, introduces 'Commercial Accommodation' and 'Personal Service Establishment' as permitted land uses for the National Arboretum Canberra (NAC). This amendment facilitates the inclusion of hotel accommodation, originally part of the NAC's design competition brief and master plan. The amendment was subject to a 30-day public consultation period, in line with the NCA's commitment to community engagement. The amendment was laid before both Houses of Parliament as a disallowable instrument under the Legislation Act 2003. If either House passes a resolution disallowing the amendment within 15 sitting days, it will cease to have effect. The amendment is compatible with human rights, as it does not engage any of the applicable rights or freedoms under the international instruments listed in the Human Rights (Parliamentary Scrutiny) Act 2011.
Key Provisions
Section 6 of the Australian Capital Territory (Planning and Land Management) Act 1988 mandates the National Capital Authority (NCA) to prepare, administer, and amend the National Capital Plan (Plan). This responsibility includes proposing amendments as necessary to ensure the Plan remains relevant and effective. In line with this, Amendment 94 of the Plan has been crafted in accordance with sections 14 to 22 of the Act, and was approved by The Hon Nola Marino MP, Assistant Minister for Regional Development and Territories, on 1 May 2020. The amendment has been laid before both Houses of Parliament as a disallowable instrument, meaning that if either House passes a resolution to disallow the amendment, it will cease to have effect.
Amendment 94 specifically targets the National Arboretum Canberra (NAC), adding 'Commercial Accommodation' and 'Personal Service Establishment' as permitted land uses. This amendment aims to facilitate the development of hotel accommodation, which was part of the original competition brief and master plan for the arboretum. The amendment introduces detailed planning provisions to guide the design and siting of these facilities, ensuring they are integrated harmoniously with the natural environment of the arboretum. Public consultation on Draft Amendment 94 concluded on 16 March 2020, with seven submissions received. The Office of Best Practice Regulation confirmed that a Regulation Impact Statement was not required for this amendment.
The Act imposes several obligations on the NCA and other relevant parties. The NCA must ensure that any proposed amendments to the Plan, like Amendment 94, are in line with the objectives of the Act and the broader goals of the Territory. This includes conducting thorough public consultations and considering the impact of the amendment on the community and environment. For the public, the amendment process necessitates engagement and the submission of feedback to the NCA. The approval of the amendment by the Assistant Minister for Regional Development and Territories further ensures that the legislative process is followed, maintaining accountability and transparency.
Under the Act, breaches of the provisions set out in Amendment 94 could result in various civil or criminal consequences. While the Act does not explicitly state penalties for breaches related to this specific amendment, breaches of planning and land management laws generally can lead to substantial fines. The maximum penalties can vary, but typically, offences related to planning can incur fines up to $22,000 for individuals and significantly higher amounts for corporations, depending on the severity and nature of the breach. Additionally, ongoing non-compliance could lead to further legal actions, including injunctions to stop unauthorised activities or compel compliance with the Plan.