EXPLANATORY STATEMENT
Australian Capital Territory (Planning and Land Management) Act 1988
APPROVAL OF AMENDMENT 96 OF THE NATIONAL CAPITAL PLAN -
MONARO HIGHWAY AND HUME INDUSTRIAL ESTATE
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 96 of the Plan – Monaro Highway and Hume Industrial Estate (Amendment 96) has been prepared in accordance with sections 14 to 22 of the Act.
The Hon Kristy McBain MP, Minister for Regional Development, Territories and Local Government, approved Amendment 96 on 18 March 2024, 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.
Amendment 96 proposes to simplify the approval process for improvements to the Monaro Highway and to address a historical inaccuracy in the extent of Urban Areas in mapping within the Plan. The Monaro Highway has been identified as a major Approach Route into Canberra that requires upgrades, with a new alignment proposed that is outside the NCA’s Designated Area. There also currently exists a discrepancy in land use policy between the Plan and the ACT Government’s Territory Plan for a parcel of land approximately 37 hectares in size at the southern edge of the Hume Industrial Estate
The purpose of Amendment 96 is two changes to the National Capital Plan that are geographically related:
• widen the extent of the NCA’s Designated Areas along the Monaro Highway road reserve adjacent to the suburb of Hume
• alter the land use policy for a parcel of land approximately 37 hectares in size at the southern edge of the Hume Industrial Estate from ‘Broadacre’ to ‘Urban Areas’.
On 11 November 2023, Draft Amendment 96 was released for public comment. Notices were published in the Canberra Times and in the Government Notices Gazette on this date.
A period for public comment ran for 20 business days, concluding on 8 December 2023. Draft Amendment 96 was available to the public on the NCA website and hard copies were available on request. Two submissions were received in response of Draft Amendment 96.
The Office of Impact Analysis advised an Impact Analysis 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 96 – Monaro Highway and Hume Industrial Estate
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 varying the extent of the Designated Areas around the Monaro Highway Approach Route and changing the general land use policy for Blocks 1469, 1488, 1670 and part of 1563 Tuggeranong from Broadacre Areas to Urban Areas.
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.