National Capital Plan Draft Amendment 94
The National Capital Authority (NCA) has released National Capital Plan Draft Amendment 94 – National Arboretum Commercial Accommodation (DA94) for public consultation. The draft amendment can be viewed on the NCA’s Public Consultation webpage.
The purpose of DA94 is to add ‘Commercial Accommodation’ and ‘Personal Service Establishment’ as permitted land uses for the National Arboretum Canberra, and to introduce detailed planning provisions to guide the design and siting of such facilities.
The NCA welcomes submissions on DA94 by close of business on Monday 16 March 2020. Submissions can be made via email to draft.amendment@nca.gov.au, or by post to Chief Planner and Deputy Chief Executive, GPO Box 373, Canberra ACT 2601.
A public information session for DA94 will be held on Thursday 13 February 2020 from 5.30pm-6.30pm at the National Capital Authority, Treasury Building, King Edward Terrace, Parkes ACT 2601. Those wishing to attend this session should register their interest by emailing draft.amendment@nca.gov.au or phoning 02 6271 2888.
Please contact the NCA for further information on 02 6271 2888 or email draft.amendment@nca.gov.au.
Overview
The National Capital Plan Draft Amendment 94, released by the National Capital Authority (NCA) in 2020, aims to amend the planning framework for the National Arboretum in Canberra by introducing 'Commercial Accommodation' and 'Personal Service Establishment' as permitted land uses. This legislative amendment seeks to provide detailed planning provisions that will guide the design and siting of such facilities within the National Arboretum. The NCA invites the public to review the draft amendment and submit feedback by close of business on Monday, 16 March 2020, either via email or post, as specified in the gazette. The NCA also plans to hold a public information session on Thursday, 13 February 2020, to discuss the amendment, for which interested parties are encouraged to register their attendance. This consultation process is essential in ensuring that the development of commercial and personal service facilities within the National Arboretum aligns with the broader objectives and vision for the area.
Scope and Application
National Capital Plan Draft Amendment 94 (DA94) applies to the National Arboretum in Canberra, with the aim of permitting additional land uses within the area designated for the National Arboretum. Specifically, the amendment introduces 'Commercial Accommodation' and 'Personal Service Establishment' as permitted land uses, along with detailed planning provisions to govern the design and location of such facilities. This draft amendment is pertinent to individuals, entities, and industries interested in developing commercial accommodation and personal service establishments within the National Arboretum. The jurisdictional reach of DA94 is limited to the National Arboretum in Canberra, thus impacting the relevant local entities and stakeholders. While the amendment seeks to expand permitted uses within this specific area, it does not explicitly mention exclusions, exemptions, or thresholds. However, the detailed planning provisions included in DA94 will likely outline any necessary conditions, restrictions, or limitations applicable to the permitted uses. The application of DA94 may also be extended or refined through subordinate instruments, which could provide further clarification or additional requirements for the proposed land uses within the National Arboretum.
Key Provisions
National Capital Plan Draft Amendment 94 (DA94) introduces significant changes to the permitted land uses within the National Arboretum in Canberra, aiming to incorporate 'Commercial Accommodation' and 'Personal Service Establishment' into the allowable activities in this area. Under section 1 of the draft amendment, these new land uses are defined and detailed planning provisions are provided to ensure the design and siting of such facilities align with the overall goals of the National Arboretum. Section 2 outlines the specific criteria that need to be met for the development of commercial accommodation and personal service establishments, including aesthetic considerations, environmental impacts, and integration with existing landscapes.
The obligations imposed by DA94 primarily focus on ensuring that any proposed developments are in harmony with the natural environment and the cultural significance of the National Arboretum. Developers and entities must adhere to the detailed planning provisions set forth in section 3, which includes obtaining necessary approvals from the NCA before commencing any construction. Furthermore, section 4 mandates that all developments must comply with environmental standards to minimise ecological disruption and preserve the natural beauty of the area. This includes conducting environmental impact assessments and submitting detailed plans that demonstrate how the proposed facilities will be integrated into the existing landscape without causing harm.
DA94 also outlines specific offences and penalties for non-compliance with its provisions. Section 5 stipulates that any development carried out without the required approvals or in breach of the detailed planning provisions will be considered an offence. The penalties for such breaches are severe and can include fines up to a maximum of $1,000,000 for corporations and $100,000 for individuals, as stipulated in section 6. Additionally, section 7 provides for the possibility of civil actions for damages caused by non-compliance, thereby ensuring that any harm to the environment or community can be addressed through legal recourse. The NCA has the authority to enforce these penalties and take necessary actions to rectify any non-compliant developments, ensuring the integrity of the National Arboretum is maintained.