EXPLANATORY STATEMENT
Australian Capital Territory (Planning and Land Management) Act 1988
APPROVAL OF AMENDMENT 100 OF THE NATIONAL CAPITAL PLAN -
KNOWLES PLACE ALIGNMENT
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 100 of the Plan – Knowles Place Alignment (Amendment 100) has been prepared in accordance with sections 14 to 22 of the Act.
The Hon Kristy McBain MP, Minister for Regional Development, Territories and Local Government, approved Amendment 100 on 04 February 2025, 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.
Amendment 100 changes the Plan by varying the location for part of Knowles Place as shown in the City Hill Precinct Code of the Plan. The variation in alignment will help facilitate the Canberra Theatre Centre Redevelopment project.
On 13 November 2024, Draft Amendment 100 was released for public comment. Notices were published in the Canberra Times and on the Federal Register of Legislation on this date.
A period for public comment ran for 10 business days, concluding on 27 November 2023. Draft Amendment 100 was available to the public on the NCA website and hard copies were available on request. Two submissions, from ACT Government entities, were received in response of Draft Amendment 100.
The Office of Impact Analysis advised an Impact Analysis 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 100 – Knowles Place Alignment
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 varying the location for part of Knowles Place as shown in the City Hill Precinct Code of the Plan. The variation in alignment will help facilitate the Canberra Theatre Centre Redevelopment project.
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, amended by Amendment 100 of the National Capital Plan – Knowles Place Alignment, was enacted to address the need for facilitating the Canberra Theatre Centre Redevelopment project. This amendment, approved by the Hon Kristy McBain MP, Minister for Regional Development, Territories and Local Government, on 04 February 2025, varies the location for part of Knowles Place as shown in the City Hill Precinct Code of the Plan. The amendment was subject to public consultation and, following review, was deemed compatible with human rights under the Human Rights (Parliamentary Scrutiny) Act 2011, as it does not engage any of the applicable rights or freedoms. The amendment is presented as a disallowable instrument, subject to potential disallowance by either House of Parliament within 15 sitting days of being laid before them.
Scope and Application
The Australian Capital Territory (Planning and Land Management) Act 1988 governs the preparation, administration, and amendment of the National Capital Plan by the National Capital Authority, with specific amendments being subject to ministerial approval and parliamentary scrutiny. Amendment 100 of the Plan, approved by the Hon Kristy McBain MP on 4 February 2025, modifies the alignment of Knowles Place to assist the Canberra Theatre Centre Redevelopment project, reflecting the Act's aim to facilitate urban development while maintaining the integrity of the National Capital Plan. The amendment process includes a public consultation period, allowing relevant stakeholders to provide feedback on proposed changes. The amendment is laid before both Houses of Parliament as a disallowable instrument, allowing for potential disallowance if a resolution is passed within 15 sitting days of its laying. The amendment pertains solely to planning and design policy within the ACT and does not engage any of the human rights or freedoms recognised in relevant international treaties, ensuring compatibility with human rights as it does not raise any human rights issues.
Key Provisions
The Australian Capital Territory (Planning and Land Management) Act 1988 (the Act) establishes the framework for planning and land management in the Australian Capital Territory (ACT). Section 6 of the Act outlines the responsibilities of the National Capital Authority (NCA), including the preparation, administration, and amendment of the National Capital Plan (the Plan). Amendment 100 of the Plan, known as the Knowles Place Alignment, was approved by the Hon Kristy McBain MP, Minister for Regional Development, Territories and Local Government, on 04 February 2025 in accordance with section 19 of the Act. This amendment was made to facilitate the Canberra Theatre Centre Redevelopment project by varying the location for part of Knowles Place as shown in the City Hill Precinct Code of the Plan.
The obligations imposed by the Act on the NCA include the preparation and administration of the Plan, constant review, and proposing amendments when necessary. These duties are critical to ensuring that the planning framework aligns with current and future needs of the community and development projects. For Amendment 100, the NCA followed a rigorous process, including releasing a draft of the amendment for public comment, which ran for 10 business days from 13 November 2024 to 27 November 2024. Public notices were published in the Canberra Times and on the Federal Register of Legislation, and hard copies were available on request. The submissions received were from ACT Government entities, and the Office of Impact Analysis confirmed that an Impact Analysis was not required.
The Legislative Instrument, Amendment 100, 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. The amendment does not engage any of the applicable rights or freedoms, and the planning framework within the ACT ensures appropriate provision for places of religious worship. The compatibility with human rights ensures that the amendment does not raise any human rights issues, maintaining its alignment with the seven core United Nations human rights treaties. If either House of Parliament passes a resolution disallowing the Amendment, or part of the Amendment, within 15 sitting days of it being laid before that House, the Amendment or part so disallowed ceases to have effect.