EXPLANATORY STATEMENT
Australian Capital Territory (Planning and Land Management) Act 1988
APPROVAL OF AMENDMENT 101 OF THE NATIONAL CAPITAL PLAN -
CITY HILL BUILDING HEIGHT CLARIFICATION
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 101 of the Plan – City Hill Building Height Clarification (Amendment 101) 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 101 on 15 December 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 101 changes the Plan by reinstating the intended locations of landmark buildings on the western side of the City Hill Precinct.
On 8 November 2025, Draft Amendment 101 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 8 business days, concluding on 19 November 2025. Draft Amendment 101 was available to the public on the NCA website and hard copies were available on request. Three submissions were received in response to Draft Amendment 101.
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 101 – City Hill Building Height Clarification
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 reinstating the intended location of landmark buildings on the western side of the City Hill Precinct.
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.