EXPLANATORY STATEMENT
Australian Capital Territory (Planning and Land Management) Act 1988
APPROVAL OF AMENDMENT 95 OF THE NATIONAL CAPITAL PLAN -
NORTH CURTIN DIPLOMATIC ESTATE AND URBAN AREA
Section 6 of the Australian Capital Territory (Planning and Land Management) Act 1988 (the Act) provides that the National Capital Authority (the NCA) is responsible, among other things, for preparing and administering the National Capital Plan (the Plan), for keeping the Plan under constant review and for proposing amendments to the Plan when necessary. Amendment 95 of the Plan – North Curtin Diplomatic Estate and Urban Area (Amendment 95) has been prepared in accordance with sections 14 to 22 of the Act.
The Hon Nola Marino MP, Assistant Minister for Regional Development and Territories, approved Amendment 95 on 19 October 2020, in accordance with section 19 of the Act.
The Amendment is being laid before both Houses of Parliament as a disallowable instrument in accordance with the Legislation Act 2003. If either House, in pursuance of a motion of which notice has been given within 15 sitting days after the Amendment has been laid before that House, passes a resolution disallowing the Amendment, or part of the Amendment, the Amendment or part so disallowed ceases to have effect.
Australia’s obligations with respect to diplomatic missions are defined under the Vienna Convention on Diplomatic Relations. Under this convention, Australia has an obligation to facilitate the acquisition of, or assist in obtaining, accommodation for diplomatic missions.
The supply of diplomatic land in Canberra is effectively exhausted. New land is required to accommodate the long term growth of the diplomatic community in Canberra.
The purpose of Amendment 95 is to change the land use policy of Block 4 Section 106 and part Block 5 Section 121 Curtin to facilitate the development of a new diplomatic estate, and to create a new urban area adjacent to this estate.
On 23 May 2020, Draft Amendment 95 was released for public comment. Notices were published in the Canberra Times and in the Government Notices Gazette on this date.
In accordance with the NCA’s ‘Commitment to Community Engagement (February 2015)’ the period for public comment ran for 30 business days, concluding on 7 July 2020. Draft Amendment 95 was available to the public on the NCA website and hard copies were available on request. One hundred and twenty-seven submissions were received in response of Draft Amendment 95.
The Office of Best Practice Regulation advised a Regulation Impact Statement is not required.
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
National Capital Plan Amendment 95 – North Curtin Diplomatic Estate and Urban Areas
This Legislative Instrument is compatible with the human rights and freedoms recognized or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Overview of the Legislative Instrument
The Legislative Instrument amends the National Capital Plan by changing the land use policy of Block 4 Section 106 and part Block 5 Section 121 Curtin to facilitate the development of a new diplomatic estate, and to create a new urban area adjacent to the this estate. New planning and design controls concerning car parking, landscaping and sustainable development are included, and are applicable to diplomatic development.
The Legislative Instrument relates to planning and design policy only and is compatible with human rights in the seven core United Nations human rights treaties. The planning framework within the ACT makes appropriate provision for places of religious worship to be established.
Human rights implications
This Legislative Instrument does not engage any of the applicable rights or freedoms.
Conclusion
This Legislative Instrument is compatible with human rights as it does not raise any human rights issues.