Reserved Laws (Administration) (Amendment) Ordinance 1993 (ACT)

Overview

The Reserved Laws (Administration) (Amendment) Ordinance 1993 was enacted to address gaps in the administration of reserved laws within the Australian Capital Territory, particularly in the context of planning and land management. This legislative instrument amends the Reserved Laws (Administration) Ordinance 1989, which previously specified certain reserved laws to be administered by the Minister for the time being administering Part II of the Australian Capital Territory (Planning and Land Management) Act 1988. The 1993 amendment seeks to streamline and update the administration of these reserved laws by explicitly listing the relevant laws to be overseen by the Minister. This ordinance was introduced by the Parliament of Australia, acting through the Governor-General, and the policy objective appears to be to ensure a more efficient and clear administrative framework for managing these specific laws within the Territory.

Scope and Application

The Reserved Laws (Administration) (Amendment) Ordinance 1993 amends the Reserved Laws (Administration) Ordinance 1989, specifically altering the administration of certain reserved laws within the Australian Capital Territory (ACT). The ordinance applies to the administration of specific reserved laws, which are now to be managed by the Minister responsible for Part II of the Australian Capital Territory (Planning and Land Management) Act 1988. These laws, including the National Land Ordinance 1989 and the National Memorials Ordinance 1928, were previously administered by other entities as per the Principal Ordinance. The amendment streamlines the administration of these laws under a single minister, enhancing coordination and oversight within the ACT's planning and land management framework. The ordinance's jurisdictional reach is confined to the ACT, and it does not extend beyond the territory’s legislative purview. The ordinance also removes references to certain previously listed laws, reflecting updated legislative priorities and administrative arrangements.

Key Provisions

The main operative sections of the Reserved Laws (Administration) (Amendment) Ordinance 1993 pertain to the administration of reserved laws within the Australian Capital Territory. Specifically, section 4 amends the Reserved Laws (Administration) Ordinance 1989 by modifying the administration of certain reserved laws. The changes include the removal of previous references to specific administrative bodies and the substitution of a new provision (subsection (5)) that assigns the administration of specified reserved laws to the Minister responsible for Part II of the Australian Capital Territory (Planning and Land Management) Act 1988. Additionally, Schedule 1 removes a reference to the National Memorials Ordinance 1928, while Schedule 4 lists the reserved laws that are now to be administered by the aforementioned Minister. The Act imposes several obligations and requirements on the relevant parties. The primary obligation is the transfer of administrative duties from previously designated bodies to the Minister responsible for Part II of the Australian Capital Territory (Planning and Land Management) Act 1988. This Minister is now tasked with administering the reserved laws as specified in Schedule 4 of the Amendment Ordinance, which includes the National Land Ordinance 1989 and the National Memorials Ordinance 1928. These changes necessitate the Minister to ensure compliance with the provisions of these laws, manage their implementation, and oversee any related activities within the Australian Capital Territory. In terms of consequences for non-compliance or breaches, the Ordinance itself does not explicitly outline specific offences, penalties, or civil/criminal consequences for breaches of its provisions. However, the reserved laws that the Ordinance modifies, such as the National Land Ordinance 1989 and the National Memorials Ordinance 1928, may contain their own provisions for enforcement, penalties, and legal consequences. For example, breaches of the National Land Ordinance 1989 could result in fines and other penalties as stipulated within that particular legislation. The specific penalties would depend on the nature and severity of the breach as defined by the respective laws.