National Capital Plan - Amendment No. 11 - Boundary Adjustments - Embassy of the United States of America, Identification of "Diplomatic Mission" Sites, Albert Hall - Land Use Policy, Description of Lanyon Bowl Area

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COMMONWEALTH OF AUSTRALIA

AUSTRALIAN CAPITAL TERRITORY

(PLANNING AND LAND MANAGEMENT) ACT 1988

Section 19

APPROVAL OF AMENDMENT 11 OF THE NATIONAL CAPITAL PLAN

I, Brian Leslie Howe, the Minister of State for Housing and Regional Development, pursuant to section 19 of the Australian Capital Territory (Planning and Land Management) Act 1988 APPROVE Amendment 11 of the National Capital Plan set out in the attached Schedule.

Dated this 31st day of October 1994

BRIAN LESLIE HOWE

Minister of State for

Housing and Regional Development


AUSTRALIAN CAPITAL TERRITORY

(PLANNING AND LAND MANAGEMENT) ACT 1988

AMENDMENT OF THE NATIONAL CAPITAL PLAN

AMENDING SERIES NO 11

June 1994


PREAMBLE

The National Capital Plan (“the Plan”) came into effect on 21 December 1990 following approval by the then Minister for the Arts. Tourism and Territories.

A function of the National Capital Planning Authority (“the Authority”), is to keep the Plan under constant review and to propose amendments to it when necessary. The statutory provisions for amending the Plan are set out at sections 14 to 22 of the Australian Capital Territory (Planning and Land Management) Act 1988 (“the Act”).

The Draft Amendment of the Plan is made available for public inspection under section 15 of the Act. Section 15 of the Act provides as follows:

(1) After preparing the Draft Plan (Amendment), the Authority shall:

(a) submit a copy to the Territory planning authority;

(b) by notice published in the Commonwealth Gazette and in the principal daily newspaper published and circulated in the Territory:

(i) state that the draft Plan (Amendment) has been prepared, and that copies will be available for public inspection at the places and times, and during the period, specified in the notice; and

(ii) invite interested persons to make written representations about the draft Plan (Amendment) within a reasonable period specified in the notice and specify the address to which the representations may be forwarded: and

(c) make the draft Plan (Amendment) available for inspection accordingly.

(2) The Authority shall:

(a) consult with the Territory planning authority about the draft Plan (Amendment) and have regard to any views expressed by it; and

(b) have regard to any representations made by the public; and if it thinks fit, may alter the draft Plan (Amendment).

THE NATIONAL CAPITAL PLAN AMENDING SERIES No 11

11.1 Boundary Adjustments - Embassy of the United States of America

Amend Figure 6 in Part 1 of the National Capital Plan to alter the land use of the shaded area in Block 3 Section 83 Yarralumla, shown in Explanatory Diagram 1, attached hereto, from “Road” to “Diplomatic Mission”.

11.2 “Diplomatic Mission” Sites

(a) Amend the second paragraph on page 17 in Part 1 of the National Capital Plan by deleting the last sentence and adding:

“Also included are diplomatic lands at Yarralumla, O’Malley, West Deakin and Red Hill.”

The amended paragraph would then read:

“The Central National Area includes the Parliamentary Zone and its setting; Lake Burley Griffin and Foreshores: the Australian National University; the Australian Defence Force Academy; Duntroon; Campbell Park and Canberra Airport RAAF Base Fairbairn. Also included are diplomatic lands at Yarraiumia. O’Malley, West Deakin and Red Hill.”

(b) Amend Figure 4 (The Central National Area - Key Map) in Part 1 of the National Capital Plan to:

 include Block 17 Section 32 Yarralumla and Blocks 11, 15 and 20 Section 66 Yarralumla as part of the Central National Area; and

 label those Blocks “15” to indicate that specific land use details are shown at Figure 15.

(refer Explanatory Diagram 2, attached)

(c) Amend Figure 4 (The Central National Area - Key Map) in Part 1 of the National Capital Plan to:

 include Blocks 5 and 9 Section 4 Red Hill as part of the Central National Area; and


 label those Blocks “7” to indicate that specific land use purposes are shown at Figure 7.

(refer Explanatory Diagram 2, attached)

(d) Amend Figure 6 in Part 1 of the National Capital Plan to alter the land use of the shaded area in Block 11 Section 86 Yarralumla, shown in Explanatory Diagram 1 from “National Use” to “Diplomatic Mission”.

(e) Amend Figure 17 in Part 1 of the National Capital Plan to alter the land use of the shaded area in Block 2 Section 22 Yarralumla, shown in Explanatory Diagram 3, attached hereto, from “National Use” to “Diplomatic Mission”.

(f) Amend Figure 15 in Part 1 of the National Capital Plan to change the scope of the map to allow Block 17 Section 32 Yarralumla and Blocks 11, 15 and 20 Section 66 Yarralumla to be included. Identify the land use for these Blocks as “Diplomatic Mission”. Alter the title page to read:

The Central National Area

(Diplomatic Areas - Deakin and Yarralumla)

(refer Explanatory Diagram 4, attached)

(g) Amend Figure 7 in Part 1 of the National Capital Plan to to change the scope of the map to allow Blocks 5 and 9 Section 4 Red Hill to be included. Identify the land use for these Blocks as “Diplomatic Mission”. Alter the title page to read:

The Central National Area

(Deakin, Forrest and Red Hill)

(refer Explanatory Diagram 5, attached)

11.3 Albert Hall - Land Use Policy

Amend Figure 6 in Part 1 of the National Capital Plan by adding “See Note A:” adjacent to the “Cultural” land use symbol, then on the same page, add as a footnote the following statement:

Note A: Albert Hall may be used as a Cultural Facility and for ancillary, short-term commercial/retail activities.”


11.4 Description of Lanyon Bowl Area

At the description of the Lanyon Bowl Area, at Appendix B, General Definitions (page 17), delete the last full stop and add the statement:

“; and as amended (by the Australian Heritage Commission in its Commonwealth of Australia Gazette Notice [No S534] of 21 October 1986) by including an extension of the area of approximately 29 ha, adjoining on the north the area proposed for entry in the Register on 26 March 1985, and defined as the area enclosed by a line commencing at the summit of Lanyon Hill (749m), then proceeding directly to the summit of Big Monks Hill, then directly to A.M.G. point: 8727-”Canberra”-89577207, then directly to the commencement point.”

The amended description would then read:

“LANYON BOWL AREA means the area described as follows:

Approximately 5 000 ha, located in the Murrumbidgee Valley 20km south of Canberra, comprising the visual catchment of the Lanyon Homestead complex and defined as the area bounded by a line commencing on the west bank of the Murrumbidgee River at Australian Map Grid point: 8727-”Canberra”-868721; then directly to the summit of Castle Hill; then south-west and south-east along the watershed boundary of Sawyers Gully to the summit of Mt Tennant; then generally north-east in a straight line to A.M.G. point 880678; then eastwards directly to 729m ASL at A.M.G. point 889677; then along the ridge to the peak of altitude 858m ASL immediately north of Mt Gigerline; then north-east along the crest of the range to Mt Rob Roy; then north along the ridgeline to the peak of 1067m ASL at A.M.G. point 927706; then north-west along the crest of the spur to A.M.G. point 912711; then via straight lines to the summit of Lanyon Hill and the commencement point; and as amended (by the Australian Heritage Commission in its Commonwealth of Australia Gazette Notice [No S534] of 21 October 1986) by including an extension of the area of approximately 29 ha, adjoining on the north the area proposed for entry in the Register on 26 March 1985, and defined as the area enclosed by a line commencing at the summit of Lanyon Hill (749m), then proceeding directly to the summit of Big Monks Hill, then directly to A.M.G. point: 8727-”Canberra”-89577207, then directly to the commencement point.”

EXPLANATORY DIAGRAM 1

 


EXPLANATORY DIAGRAM 2


EXPLANATORY DIAGRAM 3


EXPLANATORY DIAGRAM 4

Figure 15

The Central National Area (Deakin & Yarralumla)


EXPANATORY DIAGRAM 5

Figure 7

The Central National Area (Deakin, Forrest & Red Hill)

Overview

The Australian Capital Territory (Planning and Land Management) Act 1988 was enacted to provide for the planning and management of land in the Australian Capital Territory. The Act was introduced to address the need for a comprehensive and coordinated approach to planning and land management in the Territory, ensuring that development is carried out in a manner that is consistent with the overall planning objectives and policies. The enacting body of this legislation is the Parliament of the Australian Capital Territory. The policy objective of the Act is to facilitate the orderly and efficient development of the Territory while preserving its unique character and natural environment. The Act establishes a framework for planning and land management that balances the needs of the community with the need to protect the environment and maintain the Territory's cultural heritage. On 31st October 1994, the Minister of State for Housing and Regional Development approved Amendment 11 of the National Capital Plan under section 19 of the Australian Capital Territory (Planning and Land Management) Act 1988. This amendment involved making various changes to the land use and zoning of certain areas within the Territory, including the reclassification of certain lands for diplomatic missions, adjusting the land use policy for the Albert Hall, and altering the description of the Lanyon Bowl Area. The amendment process involved public consultation and consideration of representations made by interested parties. The National Capital Planning Authority is responsible for keeping the Plan under constant review and proposing amendments when necessary, in accordance with the provisions of the Act.

Scope and Application

The Australian Capital Territory (Planning and Land Management) Act 1988 applies to the Australian Capital Territory and governs the planning and land management within this jurisdiction. The Act encompasses the establishment, administration, and ongoing review of the National Capital Plan, which outlines the spatial and functional layout of the capital city of Canberra. The Act provides the legislative framework for the National Capital Planning Authority to propose amendments to the National Capital Plan, ensuring the city's development aligns with strategic objectives and community needs. Public consultation is a mandatory part of the amendment process, where interested parties can submit representations on draft amendments. The Act also includes provisions for the Minister of State for Housing and Regional Development to approve amendments to the National Capital Plan, as evidenced in the approval of Amendment 11 of the National Capital Plan. While the Act primarily governs land use and planning within the ACT, it does not extend to other states or territories in Australia. The amendments to the National Capital Plan are geographically limited to the Canberra region and do not include specific exclusions or thresholds as stated in the legislative instrument.

Key Provisions

Section 19 of the Australian Capital Territory (Planning and Land Management) Act 1988 allows for the Minister of State for Housing and Regional Development to approve amendments to the National Capital Plan. The latest amendment, Amendment 11, which was approved on 31 October 1994, introduces various changes to the Plan, including adjustments to land use categories, the addition of new diplomatic mission sites, and modifications to the description of specific areas within the Plan. The National Capital Plan is a key instrument in governing the planning and land management of the Australian Capital Territory. The Act imposes several obligations on the National Capital Planning Authority, including the requirement to keep the Plan under constant review, propose amendments when necessary, and make draft amendments available for public inspection. Section 15 of the Act specifies the process for public consultation and the submission of written representations. The Authority must consult with the Territory planning authority and consider any public submissions before deciding whether to alter the draft Plan. Failure to comply with the requirements of the Australian Capital Territory (Planning and Land Management) Act 1988, including the submission and approval of amendments to the National Capital Plan, could result in legal consequences. While the specific penalties for non-compliance are not detailed in the legislative instrument, breaches of planning laws generally carry civil and/or criminal penalties, including fines and potential imprisonment, depending on the severity and intent of the breach. The exact penalties would be determined according to the relevant provisions of the Act and any applicable regulations.

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