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.
Overview
The Australian Capital Territory (Planning and Land Management) Act 1988 was enacted to establish a framework for planning and managing land within the Australian Capital Territory, ensuring orderly development while protecting the territory's unique character and natural environment. The Act aimed to address the need for a cohesive and sustainable approach to urban planning and land management in the national capital, overseen by the National Capital Authority. This legislation allows the NCA to prepare, administer, and amend the National Capital Plan, ensuring it evolves to meet contemporary needs and standards. Amendment 101 of the Plan, approved by the Hon Kristy McBain MP on 15 December 2025, seeks to clarify building heights in the City Hill Precinct, specifically reinstating the intended locations of landmark buildings on the western side. This amendment was laid before both Houses of Parliament as a disallowable instrument, open to public scrutiny and feedback, reflecting the legislative intent to uphold transparency and public participation in planning decisions.
Scope and Application
The Australian Capital Territory (Planning and Land Management) Act 1988 applies to the planning and land management activities within the Australian Capital Territory, overseen by the National Capital Authority. This Act mandates the preparation, administration, and continual review of the National Capital Plan, which governs land use and development within the territory. Amendment 101, approved by the Hon Kristy McBain MP on 15 December 2025, clarifies the intended locations of landmark buildings on the western side of the City Hill Precinct, thereby reinstating specific planning directives. The Amendment underwent a public consultation period from 8 November to 19 November 2025, during which three submissions were received. It is compatible with human rights as it does not engage any of the rights or freedoms recognised in the relevant international human rights treaties. Any disallowance of the Amendment by either House of Parliament, if proposed within 15 sitting days, would result in the Amendment or part thereof ceasing to have effect.
Key Provisions
The Australian Capital Territory (Planning and Land Management) Act 1988 (the Act) (section 6) outlines that the National Capital Authority (NCA) has the responsibility to prepare, administer, and propose amendments to the National Capital Plan (the Plan). Amendment 101, which was approved by the Hon Kristy McBain MP, Minister for Regional Development, Territories and Local Government, on 15 December 2025 (section 19), seeks to clarify the building height restrictions for the City Hill Precinct. This amendment reinstates the intended locations of landmark buildings on the western side of the City Hill Precinct, ensuring that these prominent structures align with the original planning intentions.
The obligations imposed by Amendment 101 on the NCA include the requirement to prepare and administer the Plan in a manner that reflects the approved amendments. The NCA must ensure that the amendment is consistent with the overarching goals of the Plan and that it adheres to the legislative framework governing planning and land management in the Australian Capital Territory. Furthermore, the NCA must facilitate public consultation processes, as evidenced by the release of Draft Amendment 101 for public comment on 8 November 2025, allowing for a period of 8 business days for submissions (section 14 to 22).
Should any party fail to comply with the provisions of Amendment 101, potential civil or criminal consequences may arise. While the specific penalties for breaches are not detailed within the Amendment itself, the overarching legislation under which the NCA operates, including the Australian Capital Territory (Planning and Land Management) Act 1988, may impose penalties for non-compliance. Such penalties could include fines, enforcement actions, or other measures deemed appropriate by the relevant authorities to ensure adherence to the Plan and its amendments. Additionally, if either House of Parliament passes a resolution to disallow the Amendment or part of it within 15 sitting days of it being laid before that House, the Amendment or part so disallowed ceases to have effect.