National Capital Plan - Amendment No. 43 - Campbell Park Offices

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 aims to address the need for comprehensive planning and land management regulations to ensure orderly development and sustainable use of land resources. This legislative instrument, Amendment 43 of the National Capital Plan (Campbell Park Offices), was introduced to make specific adjustments to the designated areas and permitted land uses within the Campbell Park Offices precinct. Enacted by the Minister for Regional Services, Territories and Local Government, this amendment aims to align the land use policies with the new subdivision boundary and to permit specific land uses within the designated area, thereby facilitating the orderly development and efficient use of land in the Campbell Park Offices precinct.

Scope and Application

The Australian Capital Territory (Planning and Land Management) Act 1988, through Amendment 43 of the National Capital Plan, applies to the regulation and management of land designated for Campbell Park Offices within the Australian Capital Territory. This amendment specifically adjusts the boundaries of the designated areas to align with the new subdivision for Campbell Park Offices, and it permits certain land uses within this area. The amendment allows for Defence Installation and office use, up to a maximum of 55,000 square metres of gross floor area, in this designated area. The amendment clarifies and adds to the land use policies for broadacre areas, thereby affecting any entities or persons intending to develop or utilise this land for specified purposes. The jurisdictional reach of this Act is limited to the Australian Capital Territory, and its application is confined to the particular area of Campbell Park Offices as defined and amended in the National Capital Plan. There are no stated exclusions, exemptions, or thresholds mentioned within the provided text, and the amendment extends the application of the Act by specifying new permitted land uses and boundary adjustments through the subordinate instrument of the National Capital Plan.

Key Provisions

The primary operative sections of Amendment 43 of the National Capital Plan, as approved under Section 19 of the Australian Capital Territory (Planning and Land Management) Act 1988, involve adjustments to the boundaries of the Designated Areas within the National Capital Plan. Specifically, the amendment modifies the boundaries as shown in Figures 3, 4, and 13 of the Plan to align with the new subdivision boundary for Campbell Park Offices (Section 1). Additionally, it introduces "Campbell Park Offices" as a designated area on Figure 13, previously identified as Defence Installation (Section 2). It also updates the legend of Figure 13 to include a note that "Office (up to a maximum of 55,000 m2 gross floor area) is a permitted land use for Campbell Park Offices" (Section 3). Moreover, the amendment introduces a new land use provision under Section 5.2 - Policies for Broadacre Areas, specifying the permitted uses for Campbell Park Offices, including Defence Installation and Office (up to a maximum of 55,000 m2 gross floor area) (Section 4). The Act imposes several obligations and requirements on the parties and entities governed by it. Firstly, it mandates that any development or land use changes within the adjusted boundaries of Campbell Park Offices must comply with the specified permitted land uses. This includes ensuring that office buildings do not exceed the designated gross floor area of 55,000 m2. Additionally, the amendment requires that any future planning applications related to Campbell Park Offices be consistent with the updated policies and land use provisions outlined in the amendment. Developers and landowners must also adhere to the new boundary definitions and ensure that their activities do not encroach upon adjacent areas or designated land uses without the appropriate approvals. Breaches of the provisions outlined in Amendment 43 of the National Capital Plan may result in various civil and criminal consequences. While the Act does not explicitly detail specific offences or maximum penalties within the amendment itself, non-compliance with the Act's planning and land management requirements can lead to enforcement actions. This can include fines, orders to cease unauthorised activities, or legal proceedings to rectify non-compliant developments. The severity of penalties will depend on the nature and extent of the breach, and may be subject to additional legislative provisions or regulations that provide more detailed information on sanctions and enforcement mechanisms.