AUSTRALIAN CAPITAL TERRITORY
(PLANNING AND LAND MANAGEMENT) ACT 1988
AMENDMENT TO THE NATIONAL CAPITAL PLAN
AMENDMENT No. 6
November 1992
AMENDMENT
1 Amendment to Figure 1 - GENERAL POLICY PLAN - Metropolitan Canberra - following Page 14:
a) Insert the attached map entitled “West Belconnen - Amendment No.6” in the National Capital Plan as Appendix W.
b) Amend Figure 1 by deleting the annotation in the Legend “Future Urban - Subject to the Territory Plan” and by removing the relevant symbol from the West Belconnen Area. Revise the boundaries of the “Urban Areas”. “Rural Areas”, “Broadacre” and “National Capital Open Space - Hills, Ridges and Buffer Spaces”, and identify an “Investigation Area” in Figure 1 on the basis of the boundaries shown in Appendix W, “West Belconnen - Amendment No.6.”
2 Amendment to Page 9 of the Plan:
Delete the heading “Future Urban Land and Areas Under Investigation” and substitute “Areas Under Investigation” and delete the first two paragraphs following the heading, which commence with the words “Consistent with the above approach….” and “Detailed proposals for specific land uses…..”
and insert the following:
A number of areas were originally identified in the Plan as subject to further investigation by the ACT Government as areas which may be suitable for urban development. These areas - West Belconnen, Jerrabomberra - Symonston and Mitchell - were identified in Figure 1 of the Plan as “Future Urban Areas - Subject to the Territory Plan” or as “Areas Under Investigation”.
Studies have been conducted by the ACT Planning Authority of West Belconnen which have resulted in a revision to the extent of the proposed Urban Area as shown at Appendix W.
The area originally identified in Figure 1 of the National Capital Plan as “Future Urban - Subject to Territory Plan” to the west of Belconnen has been divided, through a process of formal amendment, into “Urban Areas”, “Broadacre”, “Rural” and “National Capital Open Space - Hills Ridges and Buffer Spaces”. The definition of these areas is shown in the figure at Appendix W together with an area identified as an “Investigation Area”.
In the case of West Belconnen the land use policy for the “Investigation Area” is “National Capital Open Space - Hills Ridges and Buffer Spaces”. This area will be reviewed in the context of a planning study of the long term development of Canberra and the surrounding sub-region. Before this area can be used for other than those uses permissible in Hills Ridges and Buffer Spaces, the ACT Planning Authority will need to obtain the agreement of the National Capital Planning Authority to propose an
amendment to the National Capital Plan, and any such amendment would need to be approved and gazetted. Fundamental to the future consideration of this area will be the need to retain an open space buffer which effectively separates West Belconnen from possible future urban development in New South Wales.
An Implementation Plan and Program for the treatment of the area of “Hills Ridges and Buffer Spaces” between the amended boundary to the Urban Area and the ACT-NSW border is to be prepared by the ACT Government, and agreed to by the National Capital Planning Authority, concurrently with land development in the area beyond the suburbs of Macgregor and Charnwood. The Implementation Plan and Program should detail measures which minimise the impact of existing and any future utilities or engineering services located in the service corridor. They should also show how the open space can be developed to perform its function as an effective buffer space between major urban areas, and to meet the demand for a range of activities, particularly recreational uses. The Implementation Program should indicate the nature, extent, cost and anticipated timing of public works involved.
3 Amendment to Page 42 of the Plan:
On Page 42 under (h) 1, delete the words “at the northwestern periphery of Belconnen,”.
APPENDIX W - WEST BELCONNEN: Amendment No.6 to the National Capital Plan
Overview
The Australian Capital Territory (Planning and Land Management) Act 1988, amended by Amendment No. 6 to the National Capital Plan in November 1992, aims to address specific issues in the planning and management of land in Canberra's metropolitan area. The amendments were enacted by the Australian Capital Territory's legislative authority to refine the urban planning strategy for West Belconnen. This revision involved reclassifying previously identified "Future Urban" areas into more defined categories such as "Urban Areas", "Broadacre", "Rural" and "National Capital Open Space - Hills, Ridges and Buffer Spaces". Additionally, the changes sought to clarify the land use policies for the newly designated "Investigation Area", emphasising the need to maintain an open space buffer to separate West Belconnen from potential future urban development in New South Wales. The policy objective behind these amendments was to ensure that the planning of these areas aligns with the long-term development needs of Canberra while providing a clear framework for future land use considerations and buffer space management.
Scope and Application
The Australian Capital Territory (Planning and Land Management) Act 1988 Amendment to the National Capital Plan Amendment No. 6 November 1992, pertains specifically to the management and planning of land use within the Australian Capital Territory. This amendment applies to the ACT Government and the National Capital Planning Authority, as well as to any persons or entities involved in land development within the Territory. The amendment modifies the National Capital Plan, particularly affecting the West Belconnen area, by delineating new boundaries for urban areas, broadacre land, rural areas, and national capital open spaces, including hills, ridges, and buffer spaces. Notably, the amendment also introduces an "Investigation Area" for future urban development considerations. The geographic reach of this amendment is confined to the Australian Capital Territory, and it does not extend beyond the jurisdictional boundaries of the Territory. Subordinate instruments may further extend or restrict the application of this amendment, detailing specific implementation plans and programs as required.
Key Provisions
The Australian Capital Territory (Planning and Land Management) Act 1988 Amendment to the National Capital Plan, Amendment No. 6, November 1992, involves specific amendments to the General Policy Plan and the detailed areas of the National Capital Plan. Firstly, it inserts a new map, "West Belconnen - Amendment No. 6," into the National Capital Plan as Appendix W (1a). Secondly, it amends Figure 1 by removing certain annotations and symbols, and revises the boundaries of "Urban Areas," "Rural Areas," "Broadacre," and "National Capital Open Space - Hills, Ridges and Buffer Spaces," while also identifying an "Investigation Area" based on the boundaries depicted in Appendix W (1b). Thirdly, it removes the heading "Future Urban Land and Areas Under Investigation" and replaces it with "Areas Under Investigation," while deleting the first two paragraphs following this new heading and inserting detailed information about the investigations and studies conducted by the ACT Planning Authority (2). Additionally, it modifies the description in section (h) 1 on Page 42 by removing the phrase "at the northwestern periphery of Belconnen" (3).
The Act imposes several obligations and requirements on the parties or entities it governs. It mandates the ACT Planning Authority to conduct studies and prepare an Implementation Plan and Program for the treatment of the "Hills Ridges and Buffer Spaces" area between the amended boundary to the Urban Area and the ACT-NSW border. This plan must be agreed upon by the National Capital Planning Authority and should detail measures to minimize the impact of existing and future utilities or engineering services located in the service corridor. Furthermore, the plan should demonstrate how the open space can serve as an effective buffer space between major urban areas and cater to recreational uses, among other activities. The Implementation Program should provide details on the nature, extent, cost, and anticipated timing of the public works involved.
The Act does not explicitly state any offences, penalties, or civil/criminal consequences for breach. However, failure to comply with the provisions outlined in the Act, such as not adhering to the specified land use policies and not obtaining the necessary agreements for amendments to the National Capital Plan, could result in legal repercussions. These could include administrative actions, fines, or other penalties as prescribed by the relevant authorities or courts, depending on the nature and severity of the breach. The exact penalties would be determined in accordance with the relevant laws and regulations governing planning and land management in the Australian Capital Territory.