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.
Overview
The Australian Capital Territory (Planning and Land Management) Amendment Act 2026 (Amendment 102) was enacted to address the need for urban renewal in the Hume Circle Precinct, aiming to align with the original vision of Canberra's founders. This amendment was approved by the Hon Kristy McBain MP, Minister for Regional Development, Local Government and Territories, on 27 July 2026. It was designed to enable the renewal of the existing urban area, enhancing housing supply to support the national housing agenda, while ensuring that the development adheres to the original Griffin intent. The National Capital Authority, responsible for preparing and administering the National Capital Plan, proposed this amendment in accordance with sections 14 to 22 of the Act. The amendment sets out specific land use, building height, and detailed conditions for planning, design, and development within the precinct, including a requirement for further detailed planning and design work to be approved by the NCA before any application for works approval can be submitted to the agency. This legislative instrument has been deemed compatible with human rights as it does not engage any of the applicable rights or freedoms under the seven core United Nations human rights treaties.
Scope and Application
The Australian Capital Territory (Planning and Land Management) Act 1988 applies to the preparation and administration of the National Capital Plan, which is overseen by the National Capital Authority. This legislation governs the amendment process, as evidenced by Amendment 102 of the National Capital Plan, which pertains specifically to the Hume Circle Precinct. The Amendment, approved by the Minister for Regional Development, Local Government, and Territories, aims to incorporate the Hume Circle Precinct within 'Designated Areas', providing a framework for land use, building heights, and detailed planning and design conditions. This amendment enables the renewal of an existing urban area and aims to support the national housing agenda by improving housing supply. The Amendment is subject to public consultation, and following the consultation period, it was formally approved and laid before both Houses of Parliament as a disallowable instrument. The Amendment is subject to compatibility with human rights, and the Statement of Compatibility confirms that it does not engage any of the applicable rights or freedoms under the international human rights treaties recognised in the Human Rights (Parliamentary Scrutiny) Act 2011.
Key Provisions
The primary operative sections of this legislation concern the amendment of the National Capital Plan, specifically Amendment 102 of the Hume Circle Precinct (section 6). This amendment was approved by the Hon Kristy McBain MP, Minister for Regional Development, Local Government and Territories, in accordance with section 19 of the Act. The amendment introduces the Hume Circle Precinct into the ‘Designated Areas’ of the Plan and outlines land use, building height, and detailed conditions for planning, design, and development in the precinct. Moreover, it mandates that the National Capital Authority (NCA) must approve further detailed planning and design work specific to a development proposal before any application for works approval is submitted to the authority (section 14 to 22).
The Act imposes several obligations on the NCA and other parties involved in the planning process. The NCA is mandated to prepare, administer, and constantly review the National Capital Plan and propose amendments as necessary (section 6). The amendment process requires public consultation, during which the public is given an opportunity to provide feedback on draft amendments. In this instance, Draft Amendment 102 was subject to a 31-business-day consultation period, during which 94 submissions were received (section 19). The NCA must also ensure that detailed planning and design work specific to development proposals are approved prior to any application for works approval being submitted.
Failure to comply with the requirements of the Act or the amended Plan can lead to various consequences. 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 the House, the Amendment or part disallowed ceases to have effect (Legislation Act 2003). Additionally, if any party fails to adhere to the planning and design conditions specified in the amended Plan, they may face legal action, fines, or other penalties as prescribed by relevant legislation. The exact penalties for non-compliance would depend on the specific breach and the provisions of other applicable laws.