Notice of Revocation of Declaration of National Land - Block 9 Section 3 Parkes ACT

Overview

The Australian Capital Territory (Planning and Land Management) Act 1988, enacted by the Parliament of Australia, was introduced to address the need for comprehensive planning and land management regulations within the Australian Capital Territory. This legislation aims to ensure orderly development and efficient use of land, preserving the unique character of Canberra as the nation's capital. The Act provides a framework for sustainable urban development, environmental protection, and the integration of community needs in planning decisions. In revoking a declaration of National Land, the Act facilitates adjustments to land use designations in response to changing circumstances or requirements, ensuring that land management practices remain aligned with contemporary needs and objectives. The Assistant Minister for Finance, David Coleman, exercised this power to revoke a declaration of National Land concerning specific land in the Parkes district, as outlined in the Gazette, to reflect current planning and management priorities.

Scope and Application

The Australian Capital Territory (Planning and Land Management) Act 1988 applies to the regulation of land and planning within the Australian Capital Territory (ACT). This legislation provides the legal framework for managing land use, development, and environmental protection within the territory. It applies to individuals, entities, and industries involved in land management, development, and planning activities within the ACT. The Act's provisions govern the conduct and transactions related to land use, including zoning, building permits, and environmental assessments. The Act's jurisdictional reach is confined to the ACT, and it does not extend beyond the territory’s borders. The revocation of the declaration of National Land as specified in the Gazette and the attached Schedule signifies a specific exclusion from the land previously designated for national purposes. This exclusion affects only the particular land parcels listed in the Schedule, thereby limiting the scope of the national land designation within the territory. The Act may be further extended or restricted through subordinate instruments or regulations, providing flexibility in the application of its provisions.

Key Provisions

The Australian Capital Territory (Planning and Land Management) Act 1988 (section 27(1)) and the Acts Interpretation Act 1901 (subsection 33(3)) empower the revocation of land declared as National Land. In this instance, the Assistant Minister for Finance, David Coleman, has revoked the declaration of National Land in respect of specific land in the Parkes District, Division 93. The land in question, formerly Block 7 Section 3 Parkes (DP 7641) and now Block 9 Section 3 Parkes (DP 11491), was previously declared National Land as published in the Commonwealth of Australia Gazette No S 76 on 2 March 1989. The Act imposes clear obligations on the parties involved in the land management and planning processes within the Australian Capital Territory. The Assistant Minister for Finance, in exercising their power under section 27(1) of the Act, must ensure that the land management and planning directives comply with the legislative framework. This includes the responsibility to publish notices of any revocations in the Commonwealth of Australia Gazette, as mandated by the Acts Interpretation Act 1901 (subsection 33(3)). The publication ensures transparency and legal notice to all stakeholders. Failure to comply with the provisions of the Act may result in legal consequences. While the specific Act does not detail explicit offences or penalties for the revocation of National Land declaration, breaches of other sections within the Australian Capital Territory (Planning and Land Management) Act 1988 may lead to civil or criminal penalties. The maximum penalties for offences under the Act can include substantial fines and, in severe cases, imprisonment, depending on the nature and severity of the breach. The Act mandates that any actions taken under its authority must adhere strictly to the legislative requirements to avoid such repercussions.