National Capital Plan Amendment (No.99 – Molonglo Valley Town Centre) Amending Instrument

Overview

The Australian Capital Territory (Planning and Land Management) Act 1988, enacted to establish a comprehensive planning and land management framework for the Australian Capital Territory, has been amended to include Amendment 99 of the National Capital Plan, focusing on the Molonglo Valley Town Centre. The National Capital Authority, as the body responsible for preparing and administering the National Capital Plan, proposed this amendment in response to the projected population growth in Molonglo, which necessitates a town centre to cater to the increasing demand for services and amenities. The Hon Kristy McBain MP, Minister for Regional Development, Local Government and Territories, approved Amendment 99 on 9 September 2024, pursuant to section 19 of the Act. This amendment is subject to disallowance by either House of Parliament if a resolution to that effect is passed within 15 sitting days of it being laid before the respective House. Public consultation on Draft Amendment 99 was conducted from 25 May to 25 June 2024, with eight submissions received, and the Office of Impact Analysis confirmed that an Impact Analysis was not required. This legislative instrument aligns with human rights as recognised by the international instruments listed in the Human Rights (Parliamentary Scrutiny) Act 2011, with no adverse implications on human rights identified.

Scope and Application

The Australian Capital Territory (Planning and Land Management) Act 1988 governs the preparation, administration, and review of the National Capital Plan, with the National Capital Authority (NCA) having the primary responsibility for these tasks. Amendment 99 of the Plan, approved by the Minister on 9 September 2024, identifies a town centre in the Molonglo Valley district, reflecting the anticipated growth in population and the corresponding need for enhanced services and amenities. This amendment is subject to disallowance by either House of Parliament within 15 sitting days of being laid before them. The amendment process included a public consultation period of 20 business days, during which eight submissions were received, and an impact analysis was deemed unnecessary by the Office of Impact Analysis. The amendment aligns with human rights as it does not engage any of the applicable rights or freedoms outlined in the international human rights treaties.

Key Provisions

Section 6 of the Australian Capital Territory (Planning and Land Management) Act 1988 (the Act) sets out the responsibility of the National Capital Authority (NCA) in preparing, administering, and amending the National Capital Plan (the Plan). Amendment 99 to the Plan, specifically related to the Molonglo Valley Town Centre, has been approved and introduced in accordance with sections 14 to 22 and section 19 of the Act. This Amendment recognises the projected population growth in Molonglo and the need for a town centre to cater to the increased demand for services and amenities. The Minister for Regional Development, Local Government, and Territories approved this amendment on 9 September 2024, and it is presented to both Houses of Parliament as a disallowable instrument under the Legislation Act 2003. If either House passes a resolution to disallow the amendment within 15 sitting days, the amendment will cease to have effect. Amendment 99 imposes obligations on the NCA to ensure the Plan is regularly reviewed and updated to reflect the changing needs of the community, particularly in areas of projected significant population growth like Molonglo. The amendment process involved a public consultation period of 20 business days, ending on 25 June 2024, where eight submissions were received. The NCA is required to consider these submissions and any other relevant information before approving the amendment. The amendment also requires the Office of Impact Analysis to determine whether an Impact Analysis is necessary, which in this case, was deemed not to be required. The legislation includes provisions for potential civil and criminal consequences for non-compliance with the Plan or its amendments. While the explanatory statement does not specify detailed penalties, breaches of planning regulations under the Act can result in substantial fines or legal action. The maximum penalties for breaches depend on the nature and severity of the offence, with potential financial penalties ranging from modest fines for minor infractions to significant penalties for more serious breaches. Furthermore, ongoing non-compliance may lead to legal action, including injunctions or further financial penalties, reinforcing the importance of adhering to the Plan and its amendments. The Statement of Compatibility with Human Rights, prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011, confirms that Amendment 99 is compatible with human rights as it does not engage any of the applicable rights or freedoms. The amendment relates solely to planning policy and does not raise any human rights issues. This compatibility ensures that the amendment aligns 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, thereby maintaining its legitimacy and ethical standing.