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.
Overview
The Australian Capital Territory (Planning and Land Management) Amendment Act 2020, specifically Amendment 95 concerning the North Curtin Diplomatic Estate and Urban Area, was introduced to address the critical issue of accommodating the long-term growth of the diplomatic community in Canberra, which is constrained by the limited availability of diplomatic land. This amendment is a response to Australia's obligations under the Vienna Convention on Diplomatic Relations, which mandates the facilitation of accommodation for diplomatic missions. The National Capital Authority, acting under the authority conferred by the Australian Capital Territory (Planning and Land Management) Act 1988, prepared and had Amendment 95 approved by The Hon Nola Marino MP, Assistant Minister for Regional Development and Territories, on 19 October 2020. This amendment was laid before both Houses of Parliament for potential disallowance, in accordance with the Legislation Act 2003. The amendment aims to rezone specific land areas to enable the development of a new diplomatic estate and an adjacent urban area, while also introducing new planning and design controls for sustainable development within the diplomatic precinct. The amendment process included a public consultation period, resulting in 127 submissions, and the Office of Best Practice Regulation determined that a Regulation Impact Statement was not required.
Scope and Application
The Australian Capital Territory (Planning and Land Management) Amendment Act 2020, which includes Amendment 95 of the National Capital Plan concerning the North Curtin Diplomatic Estate and Urban Area, applies to the National Capital Authority, which is responsible for the planning and land management of the Australian Capital Territory. This amendment pertains specifically to changing the land use policy for Block 4 Section 106 and part of Block 5 Section 121 Curtin to facilitate the establishment of a new diplomatic estate and adjacent urban area. This change is intended to accommodate the growing diplomatic community in Canberra, in line with Australia's commitments under the Vienna Convention on Diplomatic Relations. The amendment also introduces new planning and design controls related to car parking, landscaping, and sustainable development, which are to be applied to diplomatic developments. Geographically, the amendment is confined to the Australian Capital Territory, and its impact is limited to the specified areas within the territory. The amendment does not extend to other states or territories in Australia and does not include any stated exclusions, exemptions, or specific thresholds. However, the Act may be subject to further specification or application through subordinate instruments or regulations that may be developed to implement the amendment's provisions.
Key Provisions
The Australian Capital Territory (Planning and Land Management) Act 1988, particularly as amended by Amendment 95, introduces significant changes to the National Capital Plan, specifically targeting Block 4 Section 106 and part Block 5 Section 121 Curtin (sections 6 and 19). This amendment, approved by the Hon Nola Marino MP on 19 October 2020, seeks to address the need for new land to accommodate the growing diplomatic community in Canberra, in line with Australia's obligations under the Vienna Convention on Diplomatic Relations. The purpose of Amendment 95 is to alter land use policies to facilitate the development of a new diplomatic estate and an adjacent urban area, ensuring that the city can meet its obligations to host diplomatic missions while also accommodating urban growth.
The Amendment imposes several obligations on the National Capital Authority (NCA), primarily centred around the preparation and administration of the National Capital Plan, as well as ensuring that the Plan is kept under constant review and amended when necessary (section 6). The NCA must also engage with the community during the amendment process, ensuring that there is a period for public comment and that all submissions are considered in the final drafting of the amendment (section 14 to 22). This requirement for community engagement is further emphasised by the NCA’s 'Commitment to Community Engagement', which was followed in the case of Amendment 95, with a 30-business-day public comment period.
In terms of compliance, the Act stipulates that if either House of Parliament passes a resolution to disallow the Amendment or part of it within 15 sitting days of it being laid before that House, the Amendment or part so disallowed ceases to have effect (Legislation Act 2003). This legislative process ensures that there is a mechanism for parliamentary scrutiny and potential disallowance if concerns are raised about the amendment’s provisions. Failure to adhere to the outlined processes or obligations could result in legal challenges or other consequences, although specific penalties for non-compliance are not detailed within the provided text. The emphasis on community engagement and parliamentary scrutiny highlights the importance of transparency and accountability in the amendment process.