EXPLANATORY STATEMENT
Australian Capital Territory (Planning and Land Management) Act 1988
APPROVAL OF AMENDMENT 102 OF THE NATIONAL CAPITAL PLAN -
Hume Circle Precinct
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 102 of the Plan – Hume Circle Precinct (Amendment 102) has been prepared in accordance with sections 14 to 22 of the Act.
The Hon Kristy McBain MP, Minister for Regional Development, Local Government and Territories, approved Amendment 102 on 27 July 2026, 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 102 varies the Plan by including the Hume Circle Precinct within ‘Designated Areas’ and providing for the opportunity to re-interpret the original Griffin intent. Amendment 102 sets out land use, building height and detailed conditions of planning, design and development for the precinct. The amendment also includes a requirement that further detailed planning and design work, specific to a development proposal, may be required by the NCA for approval prior to any application for works approval being submitted to the agency.
The Amendment enables the renewal of an existing urban area and improved housing supply supporting the national housing agenda.
On 5 January 2026, Draft Amendment 102 was released for public comment. Notices were published in the Canberra Times on 5 January 2026 and on the Federal Register of Legislation on 8 January 2026.
The period for public comment ran initially for 21 business days concluding on 3 February but was extended to 17 February 2026 allowing for a total consultation period of 31 business days. Draft Amendment 102 was available to the public on the NCA website. Ninety-four submissions were received in response to Draft Amendment 102, reflecting a diversity of views from individuals, business, community groups, and government.
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 102 – Hume Circle Precinct
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 to enable the renewal of the Hume Circle Precinct. This amendment aligns with the Griffins’ original visions for Canberra, which envisaged Hume Circle as a major gateway and activity hub linking the city through scenic approach routes.
The Legislative Instrument relates to planning policy only and is compatible with human rights in the seven core United Nations human rights treaties.
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.