EXPLANATORY STATEMENT
Australian Capital Territory (Planning and Land Management) Act 1988
APPROVAL OF AMENDMENT 99 OF THE NATIONAL CAPITAL PLAN -
Molonglo Valley Town Centre
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 99 of the Plan – Molonglo Valley Town Centre (Amendment 99) 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 99 on 9 September 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 99 changes the Plan by identifying a town centre in the district of Molonglo Valley (Molonglo). This change recognises that the estimated population of Molonglo when complete will result in additional demand for services and amenities and warrants a town centre to serve as the main commercial hub for the district.
On 25 May 2024, Draft Amendment 99 was released for public comment. Notices were published in the Canberra Times and on the Federal Register of Legislation on this date.
The period for public comment ran for 20 business days, concluding on 25 June 2024. Draft Amendment 99 was available to the public on the NCA website and hard copies were available on request. Eight submissions were received in response of Draft Amendment 99.
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 99 – Molonglo Valley Town Centre
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 identifying a town centre in the district of Molonglo Valley (Molonglo). This change recognizes that the estimated population of Molonglo when complete will result in additional demand for services and amenities and warrants a Town Centre to serve as the main commercial hub for the district.
The Legislative Instrument relates to planning policy only and is compatible with human rights in the seven core United Nations human rights treaties.
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.