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.
Overview
The Australian Capital Territory (Planning and Land Management) Amendment Act 1988 (Amendment 96) was enacted to address issues concerning the Monaro Highway and the Hume Industrial Estate within the National Capital Plan. The Act aims to streamline the approval process for improvements to the Monaro Highway, which is identified as a critical approach route into Canberra requiring upgrades, and to correct a historical inaccuracy in the mapping of Urban Areas in the Plan. This amendment was approved by The Hon Kristy McBain MP, Minister for Regional Development, Territories and Local Government, on 18 March 2024. It simplifies the approval process for the proposed new alignment of the Monaro Highway, which lies outside the National Capital Authority’s Designated Area, and rectifies a discrepancy in land use policy for a 37-hectare parcel of land at the southern edge of the Hume Industrial Estate by changing it from ‘Broadacre’ to ‘Urban Areas’. This amendment was laid before both Houses of Parliament as a disallowable instrument under the Legislation Act 2003, and it is compatible with human rights as per the Human Rights (Parliamentary Scrutiny) Act 2011.
Scope and Application
The Australian Capital Territory (Planning and Land Management) Act 1988, as amended by Amendment 96, applies to the preparation, administration, and amendment of the National Capital Plan, overseen by the National Capital Authority. This legislative instrument is directed at entities and individuals involved in land management and planning activities within the Australian Capital Territory, specifically addressing the Monaro Highway and the Hume Industrial Estate. The amendment aims to streamline the approval process for infrastructure improvements on the Monaro Highway and correct a historical discrepancy in the land use policy for a specific parcel of land within the Hume Industrial Estate. Geographically, the amendment applies within the Australian Capital Territory, focusing on the Monaro Highway and the designated areas around the Hume Industrial Estate. There are no exclusions or exemptions specified in this amendment; however, the process for proposing and implementing changes to the Plan is subject to public scrutiny and consultation. Subordinate instruments may further define the application and implementation details of the amendment, though the primary changes are outlined within the legislative text.
Key Provisions
The Australian Capital Territory (Planning and Land Management) Act 1988 (the Act) (section 6) designates the National Capital Authority (NCA) with the responsibility to prepare, administer, and propose amendments to the National Capital Plan (the Plan). Amendment 96 of the Plan, which was approved by the Hon Kristy McBain MP, Minister for Regional Development, Territories and Local Government, on 18 March 2024 in accordance with section 19 of the Act, introduces two significant changes: it simplifies the approval process for improvements to the Monaro Highway and corrects a historical inaccuracy in the extent of Urban Areas mapping within the Plan. This amendment is now subject to disallowance by either House of Parliament if a disallowance motion is passed within 15 sitting days of the Amendment being laid before them (Legislation Act 2003).
Amendment 96 specifically aims to widen the extent of the NCA’s Designated Areas along the Monaro Highway road reserve adjacent to the suburb of Hume, and to change 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'. The amendment seeks to address the need for upgrades to the Monaro Highway, which is a major Approach Route into Canberra, and to rectify a discrepancy in land use policy between the Plan and the ACT Government’s Territory Plan. The Draft Amendment 96 was released for public comment on 11 November 2023, with submissions accepted until 8 December 2023. The Office of Impact Analysis determined that an Impact Analysis was not required for this amendment.
The obligations imposed by Amendment 96 on the NCA and other relevant authorities involve ensuring that the changes to the National Capital Plan are implemented as per the amendment's provisions. This includes updating the Plan to reflect the new extent of the Designated Areas along the Monaro Highway and the altered land use policy for the specified parcels of land at the Hume Industrial Estate. The authorities must also ensure that the amendment aligns with the broader objectives of the Act and any relevant planning and environmental regulations.
Failure to comply with the provisions of Amendment 96 may result in legal consequences. While specific penalties are not detailed in the explanatory statement, breaches of planning and land management legislation can generally lead to fines, legal actions, or other civil or criminal penalties as determined by the relevant authorities under the Act. The severity of the penalty would depend on the nature and extent of the breach.