Notice of Revocation of Declaration of National Land - Block 2 Section 4 Parkes ACT

Overview

The Australian Capital Territory (Planning and Land Management) Act 1988 was enacted to provide a framework for the management of land and planning within the Australian Capital Territory. This legislation addresses the need for a structured approach to land use, development, and conservation within the territory, ensuring that development is managed in a manner that is both sustainable and in the public interest. The Act was enacted by the Parliament of Australia to provide clear guidelines and regulatory powers for land management decisions in the Australian Capital Territory. The revocation of the declaration of National Land, as detailed in the Gazette dated 28th June 2018, signifies an amendment to the previously designated status of certain land parcels, reflecting changes in land use or development intentions. This revocation is a specific application of the Act's provisions, intended to align land management practices with current needs and policies. The decision to revoke was made by David Coleman, the Assistant Minister for Finance, under the authority conferred by the Australian Capital Territory (Planning and Land Management) Act 1988 and the Acts Interpretation Act 1901, and it took effect from the date a certificate of occupancy and use was issued under the Building Act 2004 (ACT).

Scope and Application

The Australian Capital Territory (Planning and Land Management) Act 1988 governs land management and planning within the Australian Capital Territory. Under this Act, the Assistant Minister for Finance has the authority to revoke declarations of National Land. This particular revocation, gazetted on 28th June 2018, pertains to specific land in the Parkes District, Division 24, Block 2, Section 4, previously part of Block 1, Section 4. This revocation applies as of the Effective Date, which is defined as the date when a certificate of occupancy and use is issued under the Building Act 2004 (ACT) for the first improvement constructed on the land post the revocation date. The revocation of National Land status for this parcel of land signifies a change in its designation, potentially altering its usage and management under planning regulations. The Act's jurisdictional reach is confined to the Australian Capital Territory, and its application may be further defined or extended through subordinate instruments or related legislation.

Key Provisions

The Australian Capital Territory (Planning and Land Management) Act 1988 (section 27(1)) and the Acts Interpretation Act 1901 (section 33(3)) provide the authority for the revocation of the declaration of National Land. Specifically, the Assistant Minister for Finance, David Coleman, has revoked the declaration of National Land concerning certain land in Parkes, Canberra Central, as detailed in the schedule of the Gazette. This revocation applies to the land described in the attached plan, which includes Block 2 Section 4 Parkes (DP 11490), formerly part of Block 1 Section 4 Parkes, which was declared National Land in the Commonwealth Gazette No. S 76 on 2 March 1989. The revocation becomes effective on the date a certificate of occupancy and use is issued under the Building Act 2004 (ACT), or its equivalent, in respect of the first improvement on the specified land. The Act imposes several obligations on the parties involved. Firstly, the Assistant Minister for Finance must ensure that the revocation process adheres to the legislative framework outlined in the Australian Capital Territory (Planning and Land Management) Act 1988 and the Acts Interpretation Act 1901. This involves publishing the revocation notice in the Commonwealth of Australia Gazette and providing a detailed schedule of the affected land. Additionally, the relevant authorities must verify that the land in question meets the criteria for revocation, ensuring that the certificate of occupancy and use is correctly issued. Failure to comply with the provisions of the Act can result in various consequences. While the Gazette does not specify explicit offences, penalties, or civil/criminal consequences for breach, the revocation process itself suggests that non-compliance could lead to legal ramifications. The revocation is a formal legislative action, and any subsequent development or use of the land without proper certification could be considered unlawful, potentially leading to enforcement actions by the relevant authorities. The maximum penalties for such breaches would typically be determined by the specific laws governing land management and building regulations in the Australian Capital Territory.