National Capital Plan - Amendment No. 45 - Block 11 and Part Block 14 Section 49 Symonston - Quamby

Overview

The Australian Capital Territory (Planning and Land Management) Act 1988 was enacted to provide a comprehensive framework for the planning and land management of the Australian Capital Territory, ensuring that the growth and development of Canberra align with the vision and objectives of the nation’s capital. This Act was introduced to address the need for a robust regulatory environment that would manage land use, development, and environmental conservation within the capital. The enacting body was the Parliament of the Australian Capital Territory, with the policy objective to facilitate orderly development while protecting the natural and built environment. The legislative instrument, Amendment 45 of the National Capital Plan, specifically modifies the land use classification for the Quamby Correctional Facility site in Symonston. This amendment reclassifies the site from a "Hills, Ridges and Buffer Spaces" land use policy to a "Broadacre Areas" land use policy, reflecting a change in the intended use of the land. This adjustment is aimed at ensuring that the site's development aligns with broader urban planning goals, while also considering the impact on the surrounding environment. The changes are reflected in the updated figures of the General Policy Plan for Metropolitan Canberra, Designated Areas, and The Inner Hills, illustrating the revised land use and spatial planning for the area.

Scope and Application

The National Capital Authority's amendment to the National Capital Plan through Amendment 45 pertains specifically to the area of Block 11 and part of Block 14, Section 49 in Symonston, referred to as the Quamby site. This amendment modifies the land use policies for this area, shifting it from the "Hills, Ridges and Buffer Spaces" category to "Broadacre Areas." Consequently, Figures 3 (Designated Areas) and 26 (The Inner Hills) of the National Capital Plan are also altered to exclude the Quamby site from these areas, effectively removing it from the land use policies associated with the Hills and Ridges. This legislative amendment applies to the specific geographic location within the Australian Capital Territory, impacting the planning and land management of this particular site in Metropolitan Canberra. The amendment does not extend beyond the specified area, nor does it exempt any particular entities or individuals from its application. The amendment is part of the broader legislative framework provided under the Planning and Land Management Act 1988, which governs land use and planning in the Australian Capital Territory.

Key Provisions

The main operative sections of the National Capital Plan Amendment 45 involve changes to land use policies for a specific site in Symonston (Quamby). Under section (a), the site of the Quamby Correctional Facility at Symonston is to be removed from the "Hills, Ridges and Buffer Spaces" land use policy and reclassified as "Broadacre Areas" land use policy. This change is illustrated in Figure 1: General Policy Plan — Metropolitan Canberra. Furthermore, section (b) mandates alterations to Figures 3 (Designated Areas) and Figure 26 (The Inner Hills) to reflect the exclusion of the Quamby site off Mugga Lane, Symonston. These amendments ensure that the specific site is no longer considered part of the designated hills, ridges, and buffer spaces, but instead falls under a different category of land use. The National Capital Plan Amendment 45 imposes specific obligations and requirements on the parties or entities it governs. For instance, the National Capital Authority must ensure that the changes to the land use policies are accurately reflected in the General Policy Plan and all relevant figures. Additionally, any stakeholders, including local communities, developers, and environmental groups, must adhere to the updated land use policies when planning or developing the site in question. The amendment also requires the Authority to publish the changes and make them available for public inspection, ensuring transparency and compliance with planning regulations. The legislation does not explicitly state any offences, penalties, or civil/criminal consequences for breaches of the National Capital Plan Amendment 45. However, it is implied that non-compliance with the updated land use policies could result in legal consequences. For instance, if a developer were to proceed with a project on the Quamby site without following the amended land use policies, they could potentially face legal action from the National Capital Authority or other relevant government bodies. While the specific penalties for such breaches are not detailed in the amendment itself, they would likely be governed by broader planning and environmental legislation within the Australian Capital Territory.