NATIONAL CAPITAL AUTHORITY
Australian Capital Territory
(Planning and Land Management) Act 1988
NATIONAL CAPITAL PLAN
AMENDMENT 37
(RURAL LEASES - DISTRICTS OF TENNENT AND BOOTH)
June 2000
AMENDMENT 37 OF THE NATIONAL CAPITAL PLAN
Amend the National Capital Plan as follows:
1. DELETE from Appendix G (Requirements for Namadgi National Park and Adjacent Areas) the Policy Statement B.5 Future Tennent Reservoir and Environs which states:
"Site for future reservoir for Canberra water supply and associated recreation. Approved grazing and pasture crop production to continue in the short term. The erection of approved new structures, and repair and additions to existing structures, which facilitate the existing use of the land to be limited, having regard to the expected economic life of the development. Steeper and forested slopes on Mt Tennent and Billy Range to be progressively withdrawn from grazing and natural regeneration to be encouraged. Cleared slopes of the Lower Naas and Gudgenby Valleys to be progressively revegetated by natural regeneration or artificial means. These areas are to be withdrawn from grazing and block boundaries rationalised as the opportunity arises, so as to improve the functional capability or rural land units.
Use of future reservoir to include public recreation, including fishing, rowing, sailing and low-powered boats (to be introduced on the basis of a phased programme of managed recreation development). Public access to the reservoir to be prohibited within a 1000 m zone of the outlet tower and spillway."
AND
2. SUBSTITUTE the following new Policy Statement B.5:
B.5 Future Tennent Reservoir and Environs Site for future reservoir for water supply and associated recreation and regeneration. Approved grazing and pasture crop production may continue in the interim. Natural regeneration to be encouraged on the steeper and forested slopes of Mt Tennent and Billy Range.
Management of future reservoir may allow public recreation, including fishing, rowing, sailing and low-powered boats introduced on the basis of a phased program of recreation development.
Overview
The Australian Capital Territory (Planning and Land Management) Act 1988, as amended by the National Capital Plan Amendment 37 in June 2000, addresses the need for sustainable land management and conservation in the Tennent and Booth districts. The amendment aims to update the policy concerning the future Tennent Reservoir and its environs by removing outdated guidelines and replacing them with more contemporary and environmentally focused directives. The enacting body responsible for this amendment is the National Capital Authority, reflecting the territory's commitment to harmonising urban development with ecological preservation. The policy objective of this amendment is to facilitate the natural regeneration of forested areas, encourage approved agricultural practices, and establish a framework for the future use of the reservoir for public recreation, while ensuring the protection of sensitive ecological zones.
Scope and Application
The National Capital (Planning and Land Management) Act 1988, as amended by Amendment 37, applies specifically to the rural leases in the districts of Tennent and Booth within the Australian Capital Territory. This Act governs the planning and land management in the National Capital, ensuring that development and environmental considerations are balanced in these districts. It is pertinent to landholders, developers, and other entities involved in land management within these areas, focusing on the sustainable use and conservation of the land surrounding the future Tennent Reservoir. The jurisdictional reach of this Act is confined to the Australian Capital Territory, ensuring that land management practices align with the broader planning objectives of the National Capital. The Act delineates specific exclusions and exemptions concerning the types of activities permitted and the management of land, particularly in relation to the future reservoir and its environs. The scope of the Act extends through subordinate instruments that further detail permissible land uses and management practices, thereby providing a comprehensive framework for land management in these districts.
Key Provisions
The National Capital Plan Amendment 37, concerning the rural leases in the districts of Tennent and Booth, primarily alters the planning policy for the future Tennent Reservoir and its environs, as outlined in the National Capital Plan. Under the amendment, the previous Policy Statement B.5 is deleted and replaced with a new statement (sections 1 and 2). The previous policy focused on the approved continuation of grazing and pasture crop production, with restrictions on the erection of new structures and the encouragement of natural regeneration in certain areas. The new policy continues to permit approved grazing and pasture crop production, but introduces a more flexible approach by allowing natural regeneration to be encouraged on steeper and forested slopes of Mt Tennent and Billy Range. It also maintains the potential for public recreation at the future reservoir, albeit with a phased introduction of activities such as fishing, rowing, sailing, and the use of low-powered boats, with specific restrictions around the outlet tower and spillway.
The amendment imposes specific obligations and requirements on parties and entities governed by the Act. It mandates that natural regeneration efforts be encouraged in designated areas to improve land functionality and ecological health. It also requires that any development, particularly the erection of new structures, be done with consideration for the expected economic life of such developments. Additionally, the amendment sets out clear guidelines for public access and the types of recreational activities that may be permitted at the future reservoir, including the establishment of a 1000 m exclusion zone around the outlet tower and spillway for public access.
In terms of enforcement and compliance, the Act does not explicitly outline offences, penalties, or civil and criminal consequences for breaches of the amended policy. However, non-compliance with planning policies and regulations under the National Capital Authority's jurisdiction could potentially lead to enforcement actions, fines, or other legal consequences as prescribed by the broader legislative framework governing planning and land management in the Australian Capital Territory. The specific penalties would depend on the nature and severity of the breach, as well as any relevant provisions within the overarching Act and related regulations.