Australian Capital Territory
(Planning and Land Management) Act 1988
Section 19
APPROVAL OF AMENDMENT 46
OF THE NATIONAL CAPITAL PLAN
(GUNGAHLIN DRIVE EXTENSION — BLACK MOUNTAIN NATURE RESERVE)
I, Wilson Tuckey, Minister for Regional Services, Territories and Local Government, pursuant to Section 19 of the Australian Capital Territory (Planning and Land Management) Act 1988, APPROVE Amendment 46 of the National Capital Plan set out in the attached Schedule.
Dated this 20th day of August 2003
Wilson Tuckey
Minister for Regional Services,
Territories and Local Government
NATIONAL CAPITAL AUTHORITY
Australian Capital Territory
(Planning and Land Management) Act 1988
NATIONAL CAPITAL PLAN
AMENDMENT 46
Gungahlin Drive Extension
Black Mountain Nature Reserve
JULY 2003
AMENDMENT 46 OF THE NATIONAL CAPITAL PLAN
The National Capital Plan is amended by:
1. Altering Figure 24 The Inner Hills by:
(a) Deleting the heavy black line representing the boundary of The inner Hills Designated Area where it adjoins the Caswell Drive Road Reserve as it passes the suburb of Aranda; and
(b) Redefining this heavy black line boundary to the east by a variable distance (approximately 35 metres with some points of between 65 - 90 metres to accommodate on-ramps), which represents the new western boundary of The Inner Hills Designated Area for Black Mountain Nature Reserve.
The amended Figure 24 is attached.
2. As a consequence of the above change, replace Figures 1 and 3, as attached, as amended Figures 1 and 3.
Figure 24 The Inner Hills
GENERAL POLICY PLAN - Metropolitan Canberra |
Overview
The Australian Capital Territory (Planning and Land Management) Act 1988 was enacted to provide a comprehensive framework for the planning and management of land within the Australian Capital Territory. This Act addresses the need for an effective legislative foundation to manage urban development, protect natural resources, and ensure sustainable land use in the nation's capital. The Act empowers the National Capital Authority to implement and oversee the National Capital Plan, which outlines designated areas and policies for various land uses across Canberra. The policy objective of the Act is to balance urban development with the preservation of natural and cultural heritage, ensuring that growth in the capital city is managed in an orderly and sustainable manner.
In 2003, Amendment 46 of the National Capital Plan was introduced to alter the boundaries of The Inner Hills Designated Area to accommodate the extension of Gungahlin Drive through the Black Mountain Nature Reserve. This amendment was approved by Wilson Tuckey, the Minister for Regional Services, Territories and Local Government, under Section 19 of the Act. The change involved redefining the western boundary of The Inner Hills Designated Area, with the objective of facilitating infrastructure development while minimising impact on the nature reserve. This amendment highlights the ongoing need to adapt planning policies to accommodate necessary urban infrastructure while protecting significant natural areas.
Scope and Application
The Australian Capital Territory (Planning and Land Management) Act 1988, through its Section 19, authorises the Minister for Regional Services, Territories and Local Government to approve amendments to the National Capital Plan. Specifically, this legislative instrument, Amendment 46 of the National Capital Plan, pertains to the Gungahlin Drive Extension within the Black Mountain Nature Reserve. The amendment involves the alteration of the boundary of The Inner Hills Designated Area to facilitate the extension of Gungahlin Drive. This change affects the geographic delineation of the Black Mountain Nature Reserve, impacting the planning and development within this area. The Act applies to the entities involved in land management and planning within the Australian Capital Territory, ensuring that any modifications to the National Capital Plan align with the overarching objectives of land management and urban development. The amendment is limited to the specified areas and does not extend to other parts of the National Capital Plan, thereby maintaining a focused scope on the Gungahlin Drive Extension and its impact on the Black Mountain Nature Reserve.
Key Provisions
Section 19 of the Australian Capital Territory (Planning and Land Management) Act 1988 provides the legal framework for approving amendments to the National Capital Plan. Under this section, the Minister for Regional Services, Territories and Local Government can approve changes to the National Capital Plan, as demonstrated in Amendment 46, which involves the Gungahlin Drive Extension through the Black Mountain Nature Reserve. This amendment modifies the boundaries of the Inner Hills Designated Area, specifically where it adjoins the Caswell Drive Road Reserve near Aranda, to accommodate the new extension of Gungahlin Drive. Figures 1 and 3 are also updated to reflect these changes.
The Act imposes obligations on the parties involved to ensure that any amendments to the National Capital Plan are properly documented and reflect accurate changes to designated areas. The Minister must consider the implications of such changes on the environment, infrastructure, and local communities. The amendment must be detailed and precise, with clear explanations and updated maps to reflect the new boundaries and areas affected by the Gungahlin Drive Extension.
Failure to comply with the provisions of the Australian Capital Territory (Planning and Land Management) Act 1988 can result in various penalties and legal consequences. If an amendment to the National Capital Plan is approved without proper consideration or if it results in significant environmental damage or community disruption, the Minister or relevant authorities may face legal action. Additionally, any party found to have breached the Act may be subject to fines, orders for remediation, or other corrective actions. The specific penalties are not outlined in the provided text but can include fines or other civil or criminal penalties as prescribed by the Act.