EXPLANATORY STATEMENT
Australian Capital Territory (Planning and Land Management) Act 1988
APPROVAL OF AMENDMENT 97 OF THE NATIONAL CAPITAL PLAN -
BLOCK 7 SECTION 4 YARRALUMLA (FORMER AUSTRALIAN FORESTRY SCHOOL)
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 97 of the Plan – Block 7 Section 4 (former Australian Forestry School) (Amendment 97) has been prepared in accordance with sections 14 to 22 of the Act.
The Hon Kristy McBain MP, Minister for Regional Development, Local Government and Territories, approved Amendment 97 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 97 changes the land use policy of Block 7 Section 4 Yarralumla from ‘Community Facility’ to a ‘mixed use’ zoning allowing for residential, social housing, aged care, commercial accommodation, community facility and ancillary commercial uses. DA97 also introduces detailed conditions of planning and design to guide future development of the site.
Amendment 97 will facilitate expansion of the suburb of Yarralumla ensuring efficient utilisation of existing infrastructure and providing for an increase of housing supply in a well-located area.
On 11 November 2023, Draft Amendment 97 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 (2023)’, the period for public comment ran for 30 business days, concluding on 22 December 2023. Draft Amendment 97 was available to the public on the NCA website and hard copies were available on request. Twenty submissions were received in response of Draft Amendment 97.
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 97 – Block 7 Section 4 Yarralumla (former Australian Forestry School)
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 7 Section 4 Yarralumla from ‘Community Facility’ to a ‘mixed use’ zoning allowing for residential, social housing, aged care, commercial accommodation, community facility and ancillary commercial development of the site. Redevelopment presents a logical opportunity for urban expansion aligned with key principles of the National Capital Plan.
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 2024 (Amendment Act) amends the Australian Capital Territory (Planning and Land Management) Act 1988 to facilitate urban expansion and improve the efficient use of existing infrastructure within the Territory. The Amendment Act addresses the need to increase housing supply in well-located areas, particularly in the suburb of Yarralumla. The National Capital Authority, as the responsible body under the Act, proposed Amendment 97 to the National Capital Plan, changing the land use policy of Block 7 Section 4 Yarralumla from a ‘Community Facility’ to a ‘mixed use’ zoning. This amendment allows for residential, social housing, aged care, commercial accommodation, community facility, and ancillary commercial uses, thereby supporting urban expansion while adhering to the principles of the National Capital Plan. The Amendment Act was approved by the Hon Kristy McBain MP, Minister for Regional Development, Local Government and Territories, and is subject to disallowance by either House of Parliament within 15 sitting days of being laid before them. Public consultation was conducted as per the NCA’s ‘Commitment to Community Engagement (2023)’, and an Impact Analysis was deemed unnecessary by the Office of Impact Analysis. The Legislative Instrument is compatible with human rights, as confirmed by a Statement of Compatibility with Human Rights prepared under the Human Rights (Parliamentary Scrutiny) Act 2011.
Scope and Application
The Australian Capital Territory (Planning and Land Management) Act 1988 applies to the planning and management of land within the Australian Capital Territory, governed by the National Capital Authority (NCA). This Act facilitates the development and administration of the National Capital Plan, including the approval of amendments to land use policies as seen with Amendment 97 of the National Capital Plan. Amendment 97 specifically alters the land use policy for Block 7 Section 4 Yarralumla from a 'Community Facility' to a 'mixed use' zoning, enabling a variety of uses including residential, social housing, aged care, commercial accommodation, community facilities, and ancillary commercial developments. This change aims to enhance the efficiency of infrastructure usage and boost housing supply within a strategically located area. The amendment was subject to public consultation, receiving twenty submissions during the specified period, and is compatible with human rights as it does not engage any of the applicable rights or freedoms as per the Human Rights (Parliamentary Scrutiny) Act 2011. The amendment is subject to disallowance by either House of Parliament if a resolution to that effect is passed within 15 sitting days of the amendment being laid before the House.
Key Provisions
Section 6 of the Australian Capital Territory (Planning and Land Management) Act 1988 (the Act) outlines the responsibilities of the National Capital Authority (NCA) in preparing, administering, and amending the National Capital Plan. Amendment 97, approved by the Hon Kristy McBain MP, Minister for Regional Development, Local Government and Territories, on 18 March 2024, modifies the land use policy of Block 7 Section 4 in Yarralumla, transitioning it from a ‘Community Facility’ to a ‘mixed use’ zoning. This amendment allows for a range of uses including residential, social housing, aged care, commercial accommodation, community facilities, and ancillary commercial activities. The Amendment also introduces detailed planning and design conditions to guide future development on the site, aiming to facilitate the expansion of the Yarralumla suburb while ensuring efficient use of existing infrastructure and increasing housing supply in a strategic location.
The obligations imposed by this Amendment on the NCA and other relevant parties include adherence to the provisions laid out in sections 14 to 22 of the Act, which govern the preparation and amendment of the National Capital Plan. The NCA must ensure that public consultation is conducted as per its ‘Commitment to Community Engagement (2023)’, which in this case involved a 30-business-day period for public submissions on Draft Amendment 97. The Office of Impact Analysis determined that an Impact Analysis was not necessary for this Amendment. Moreover, the Amendment must be laid before both Houses of Parliament as a disallowable instrument under the Legislation Act 2003, subject to potential disallowance by either House within 15 sitting days of being laid before them.
Failure to comply with the requirements and provisions set out in Amendment 97 may result in various civil or criminal consequences. Although the explanatory statement does not specify particular offences or penalties, breaches of planning regulations generally can attract fines or other legal sanctions under the Act. The precise penalties would depend on the nature and severity of the breach, but they could include financial penalties, injunctions, or other corrective measures. The Amendment also ensures compatibility with human rights, as outlined in the Statement of Compatibility with Human Rights, which confirms that it does not engage any of the applicable rights or freedoms recognized in international human rights treaties. This compatibility is particularly relevant as the Amendment facilitates urban expansion in a way that aligns with the overarching principles of the National Capital Plan.