National Memorials (Amendment) Ordinance 1989

Overview

The Australian Capital Territory (Planning and Land Management) Act 1988 was enacted to facilitate the transition of planning and land management responsibilities from the Commonwealth to the ACT as part of the territory's self-government. The Act established the distinction between National Land, which remains under Commonwealth control, and Territory Land, which falls under the jurisdiction of the ACT. To address the need for separate regulatory frameworks for these distinct land categories, the National Memorials (Amendment) Ordinance 1989 was introduced. This Ordinance amends the National Memorials Ordinance 1928, limiting its application to National Land while allowing the ACT to develop a parallel framework for Territory Land. The policy objective is to ensure that the administration of national memorials and the naming of suburbs and public places are appropriately aligned with the respective governing authorities of National Land and Territory Land. The Ordinance was enacted by the Australian Capital Territory in accordance with the provisions of the Seat of Government (Administration) Act 1910, which grants the Governor-General the authority to make Ordinances for the peace, order, and good government of the ACT.

Scope and Application

The National Memorials (Amendment) Ordinance 1989 pertains to the Australian Capital Territory and modifies the scope of the National Memorials Ordinance 1928, restricting its application to land that is designated as 'National Land' within the ACT. This amendment aligns with the broader planning and land management framework established under the Australian Capital Territory (Planning and Land Management) Act 1988, which delineates responsibilities between the Commonwealth and the Territory regarding land management. The Ordinance ensures that the National Memorials Ordinance 1928 only applies to land reserved by the Commonwealth, thus excluding 'Territory Land' from its purview. The changes are designed to streamline the administration of national memorials and the naming of public spaces and suburbs, reflecting the division of governance responsibilities between the Commonwealth and the ACT. The Ordinance is effective from the date of its gazette, with subsequent sections coming into force once the ACT Legislative Assembly is empowered to enact its own laws.

Key Provisions

The National Memorials (Amendment) Ordinance 1989 (the Ordinance) introduces several key provisions that modify the existing National Memorials Ordinance 1928, particularly concerning the application of this legislation to different categories of land within the Australian Capital Territory (ACT). Under section 4 of the Ordinance, it is explicitly stated that the National Memorials Ordinance 1928 will now apply only to National Land, as defined in the Australian Capital Territory (Planning and Land Management) Act 1988. This change delineates the scope of the original act, ensuring that it does not extend to Territory Land, which is managed by the ACT government. The obligations imposed by this Ordinance primarily affect entities involved in the planning and development of national memorials and public places. For instance, the Canberra National Memorials Committee, which was previously described in section 3 of the Principal Ordinance, now has its composition amended under section 5 to remove the reference to the 'Department of the Interior' and replace it with a more general reference to 'the Department'. This change is intended to streamline the committee's role without altering its core responsibilities, ensuring continuity in the oversight of national memorials. In terms of legal consequences, the Ordinance does not explicitly outline specific offences or penalties for breaches. However, non-compliance with the provisions regarding the management and naming of national memorials and public places could potentially lead to legal actions under other related legislation. This might include challenges in administrative courts or disputes over land use and development that could arise from misinterpreting the scope of the National Memorials Ordinance 1928 as amended by this Ordinance. The lack of specific penalties in the Ordinance itself implies that the enforcement mechanisms would rely on broader legal frameworks governing land management and administrative actions in the ACT.